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HomeMy WebLinkAbout02-10-03 Council Meeting MinutesREGULAR MEETING FEBRUARY 10, 2003 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, February 10, 2003, at 7:00 p.m. The meeting was called to order by Council President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski 1 It District Charlotte D. Pfeifer 2nd District Roland Kelly 3rd District Karl King 4" District David Varner 5th District Ervin Kuspa 6t' District Sean Coleman At -Large Karen L. White At -Large Absent: Al "Buddy" Kirsits At -Large OTHERS PRESENT: Kathleen Cekanski- Farrand Loretta J. Duda Sandra M. Parmerlee Janice I. Talboom Chairperson, Committee of the Whole Vice - President President Council Attorney City Clerk Chief Deputy City Clerk Deputy 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 January 27, 2003 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. Members of the Sub - Committee on Minutes s/Karen L. White s/David Varner Councilmember Pfeifer made a motion that the minutes of the January 27, 2003 meeting of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS STANDING COMMITTEES OF THE COMMON COUNCIL - 2003 REGULAR MEETING FEBRUARY 10, 2003 COMMON COUNCIL STANDING COMMITTEES - 2003 COMMUNITY & ECONOMIC PERSONNEL & FINANCE DEVELOPMENT James Aranowski, Chairperson Karl King, Chairperson David Varner, Vice - Chairperson Roland Kelly, Vice - Chairperson Karl King Ervin Kuspa Roland Kelly David Varner Kevin Hunter* COMMUNITY RELATIONS PUBLIC WORKS & PROPERTY Charlotte D. Pfeifer, Chairperson VACATION Roland Kelly, Vice - Chairperson David Varner, Chairperson Karl King Karl King, Vice - Chairperson David Varner James Aranowski Al `Buddy" Kirsits COUNCIL RULES RESIDENTIAL NEIGHBORHOODS Karen L. White, Chairperson Charlotte D. Pfeifer, Chairperson David Varner, Vice - Chairperson Karl King, Vice - Chairperson Al `Buddy" Kirsits Sean Coleman Roland Kelly HEALTH & PUBLIC SAFETY UTILITIES Roland Kelly, Chairperson Al "Buddy" Kirsits, Chairperson Charlotte D. Pfeifer, Vice - Chairperson Sean Coleman, Vice - Chairperson Al `Buddy" Kirsits James Aranowski Ervin Kuspa Charlotte D. Pfeifer Isabel Gonzalez * INFORMATION AND TECHNOLOGY ZONING & ANNEXATION Karl King, Chairperson Ervin Kuspa, Chairperson David Varner, Vice - Chairperson Roland Kelly, Vice - Chairperson James Aranowski David Varner Sean Coleman PARKS, RECREATION, CULTURAL ARTS SUB- COMMITTEE ON MINUTES AND ENTERTAINMENT Karen L. White Sean Coleman, Chairperson David Varner James Aranowski, Vice - Chairperson REGULAR MEETING FEBRUARY 10, 2003 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:04 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember King, Chairperson, Committee of the Whole, presiding. Councilmember King noted that this is the portion of the meeting in which members of the Council meet as the Committee of the Whole in order to hear presentations and comments of the public both in favor of and against each bill that has been submitted for ordinance consideration. After the hearing on each bill the committee will vote on the disposition of the bill which typically is to send it to the full Council with either a favorable or an unfavorable recommendation. He noted that the South Bend Municipal Code requires that prior to the commencement of any public hearings, the Chairperson of the Committee of the Whole explain the procedure that will be followed for all Public Hearings on bills filed for ordinance consideration. The Committee of the Whole of the South Bend Common Council operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski - Farrand serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and /or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is heard. 4. Comments are heard from members of the public who wish to speak in favor of the bill. Each such member is limited to five (5) minutes for his/her presentation and must begin by stating his /her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. Comments are heard from any members of the public wishing to speak against the bill. Each member of the public speaking against the bill is limited to five (5) minutes for his/her presentation and must also begin by stating his/her name and residential address. The total time for comments by members of the public speaking against the bill is limited to the amount of time that was used by those speaking in favor of the bill or thirty (30) minutes whichever is greater. 7. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition. Councilmember King noted that there are three (3) items on the agenda which the Council will not be dealing with this evening as follows: REGULAR MEETING BILLS - PUBLIC HEARING FEBRUARY 10, 2003 BILL NO. 2 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; THE VILLAS AT LAKE BLACKTHORN II, LOCATED IN THE 5170 BLOCK OF ORANGE ROAD Councilmember Coleman made a motion to accept the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to postpone this bill until February 24, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 50 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN NAVARRE STREET ON THE SOUTH, BARTLETT STREET ON THE NORTH, ST. JOSEPH STREET ON THE EAST AND U.S. 31/33 ON THE WEST, EXCEPTING LOT 1 THROUGH LOT 4 AND LOTS 10, 11 AND 12 IN ROCKSTROH BROTHERS SECOND ADDITION, AND INCLUDING ANY VACATED ALLEYWAYS LOCATED ADJACENT TO THE LOTS WHICH COMPRISE THE PETITION PROPERTY AND INCLUDING THE COMMON STREET ADDRESSES OF 620 NORTH MICHIGAN STREET AND 701 ST. JOSEPH STREET Councilmember Coleman made a motion to consider the second substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met this afternoon and conducted a detailed discussion of this bill and decided to bring it to the full Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, Mishawaka, Indiana, presented the report from the Commission. Mr. Myers advised that the Petitioner is requesting a zone change from `B" Residential, "C" and "E" Height and Area, and "C" Commercial, "C" and `B" Height and Area to "C" Commercial, "F" Height and Area to allow hospital /medical related uses and their associated uses. The property currently contains hospital /medical related uses and associated off - street parking facilities. Located to the north are hospital /medical related uses zoned "C" Commercial, "C" Height and Area and a park zoned "A" Residential, "A" Height and Area; to the east are single- family homes and duplexes ■ REGULAR MEETING FEBRUARY 10, 2003 appears that a portion of this site is classified as Flood Zone `B" according to the Federal Insurance Rate Map. In addition, a community well field is located north of the site. The site plan is currently preliminary. The City Engineer will require a drainage plan at the final site plan stage. The Area Plan Commission, at its Public Hearing held on December 17, 2002 sent this petition to the Council with a favorable recommendation, subject to a final site development plan. This rezoning will aid in the efficient development of the Memorial Hospital campus and will benefit the community as a whole. Mr. Myers presented a visual presentation of the area. Mr. Ted Foti, Senior Vice - President, Memorial Health Systems, no address given, made the presentation for this bill. Mr. Foti advised that Memorial is in the process of planning its future campus and they have three (3) major needs. One is the capacity of beds for medical, surgical and long term stay. On more than one occasion during the week they have been unable to admit patients to certain areas of the hospital. The second need is the need for office space for physicians. They currently have four (4) medical office buildings on campus which houses just under two hundred (200) physicians and employ about one thousand (1,000) individuals. Currently Memorial does not have the capacity to be able to offer space to any large groups of physicians who want to come to the area. The third concern is parking. To complicate the matter, the awareness that they may soon be the only hospital in South Bend makes the demand for space more acute. Mr. Foti provided statistics comparing 2001 to 2002. In 2002 the hospital admitted nineteen thousand one hundred fifty nine (19,159 ) patients and saw forty -three thousand (43,000) patients in the new trauma center. Mr. Foti noted that in the planning process they decided it would be best to get the rezoning done first and them complete the planning to determine what buildings will go where. The rezonings requested today are for property which was purchased over a period of years in the area of Main, Bartlett and Lafayette Street. The most significant of their plans entails a physicians office building, a large one thousand (1,000) car garage and expansion for more office space as well as administrative space which goes to the north. Mr. Foti noted that they have conducted three (3) neighborhood meetings with neighbors to the east and west as well as with the near Northwest Neighborhood. He noted that through the efforts of Councilmember Aranowski who has spent a lot of time bringing them together and finding a common ground upon which they could agree, they have been able to come to the Council with something that is satisfactory and in fact meets the requirements and demands that the neighborhood has asked them to perform. Mr. Foti stated that this is a three (3) phase project and they are trying to meet a demand that they think will be placed upon them by at least the year 2006. For that to happen they need to move forward quickly. Mr. Bruce Bancroft, Barnes & Thornburg, 100 North Michigan Street, South Bend, Indiana, representing Memorial Hospital, displayed drawings on an easel for the Council to review. He advised that when the hospital decided to start developing the skyway block they talked to Councilmember Aranowski and the neighbors who had suggestions that changed the hospital's mind as to how the area would be developed. He noted that they originally thought they would request "G" Height and Area for this district but are now requesting "C" Commercial "F" Height and Area which is a maximum of seven (7) stories. They have also agreed that they will not construct any buildings in this area to be rezoned which are taller than sixty (60) feet or five (5) stories. Additionally, they have agreed that the setback from St. Joseph Street, as shown on the Phase III Plan, will be twenty (20) feet back from the hospital's property line which is forty (40) feet from the edge of the curb on St. Joseph Street. This is a larger setback then they would be required to have REGULAR MEETING FEBRUARY 10, 2003 neighbors expressed some concerns about that and they have agreed to do that. Additionally, they have agreed that the lighting on this site will not interfere with the neighbors. Landscaping is another commitment by the hospital. The area will have landscaping down the entire length of St. Joseph Street and along Navarre Street and there will be sod planted along this area so it will be an attractive area for the neighborhood. The neighbors are going to be given an opportunity to help design the landscaping to make the area attractive in a manner that will suit them. The parking which is provided exceeds the parking required under the zoning ordinance. They will provide plenty of parking which is always a problem with a hospital and believe it will go a long way to solving some of the parking problems at the hospital. Mr. Bancroft noted that St. Joseph Street is eighty -two and one half (82 1/2) feet wide and with buildings that will not exceed five (5) feet in height they believe this development should not disturb the neighborhood and it will be consistent with the neighborhood usage. In conclusion, Mr. Bancroft stated that Memorial Hospital is growing and they need the Council's help. The hospital has tried hard to meet the demands of the neighborhood and to follow what Councilmember Aranowski told them the neighbors wanted and they are hoping that the Council will approve this rezoning. Councilmember Aranowski indicated that it is his hope that during construction the hospital adheres to the ordinance that the City has for the time of construction which was discussed in the committee meeting. Additionally, Councilmember Aranowski indicated that contractor's vehicles should be placed somewhere and not be intrusive to the neighborhood. Finally, Councilmember Aranowski indicated that the restricted residential parking signs on St. Joseph Street may be taken down during construction but will be put back in place. In response to these concerns, Mr. Bancroft stated that the hospital agrees and is committed to the requests. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Stephen Luecke, 810 Leland Avenue, South Bend, Indiana, informed the Council that he speaks in support of Memorial's rezoning effort. He stated that urban development is difficult. There are constraints on space when a project is hemmed in on the sides by neighborhoods on the east and west and Leeper Park and the school on the north and it becomes more difficult to provide all the facilities that Memorial would like to provide. Mayor Luecke commended the hospital on their planning efforts and being respectful of boundaries that have been drawn, of working with neighbors in terms of answering questions and trying to amend their plan to respond to issues raised by neighbors. Mayor Luecke also commended Councilmember Aranowski for his work as well as being the intermediary between the neighborhood and the hospital. Memorial Hospital is not only a premier medical facility and one of which to be proud but also a premier corporate citizen in this community investing not only in their campus but also investing in other facilities such as the Leighton Plaza and Health Works Museum downtown. He noted that individuals who once had to travel to distant places for health care treatment are now able to stay in the community. This benefits not only them and their families but the community as well as dollars are kept in South Bend. Mayor Luecke reported that the Redevelopment Commission endorses and supports these rezoning proposals and they have worked hard with Memorial as they have done their long term planning to try to see things that work to continue to anchor the north end of downtown. He noted that they do build parking garages whereas sometimes institutions prefer to use flat parking. He noted that when the Lafayette Street parking garage was being built they worked with the Park Avenue Neighborhood in terms of landscaping and design of the structure to accommodate the neighborhood t REGULAR MEETING FEBRUARY 10, 2003 when looking at any expansion and building project and this project is no exception. Neighborhood participation and inclusion in this and all expansion plans are both welcome and encouraged. As stated, the neighborhood has been actively involved in this process along with Mr. Aranowski whom she thanked for his help and support. Ms. Salle noted that the people that make up this great community serve as their patients, employees and medical staff. She further noted that the hospital must grow so that they have the necessary resources to provide the services that are needed here in South Bend so that this community can have access to the best care possible. She stated that she hopes the Council will agree and vote favorably for this proposal. Mr. Rick Rice, Chairman, Memorial Health Systems, 17320 Summer Lake Court, Granger, noted that he has served as a volunteer on the Memorial Hospital Board/ Memorial Health System over the last twelve (12) and believes in the community. One of the most important aspects of good community life is healthcare. Fifteen (15) years ago more than fifteen percent (15 %) of the people would leave the community for healthcare. Now it is less than five per cent (5 %). Memorial views themselves as a community asset because they are owned by the community. They have no stockholders, they are not owned by a private corporation, they are owned by the community and their mission is very simply to serve the community. The expansion and the rezoning being asked for is only in response to the needs of the community and is being done to bring better health care to the community. People in this community get good health care but to provide for that Memorial needs to expand. In conclusion, Mr. Rice stated that he speaks as a volunteer, as someone who is committed to this community and committed to good health care. He requested that the Council support the rezoning. Mr. William Hostetler, 708 North St. Joseph Street, South Bend, Indiana, noted that he lives right across from where this development is going to take place. He praised Mr. Aranowski and Mr. Foti for being very cooperative and for allowing the neighbors to have a dialogue. This is one of those partnerships between City government, the hospital and a neighborhood. He noted that they live in an historic district which they are proud of They love their homes and they like living in South Bend. The hospital has achieved everything that they wanted to achieve but by making a few concessions that did not affect their plan, they were able to come into partnership with the neighborhood. He stated that they are hopeful that they will have a say in the development of the architectural plan so it fits better into our neighborhood. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Aranowski thanked the neighborhood for their feedback and for knowing that Memorial needs to grow. He also thanked Memorial for showing their sensitively to the neighborhood. This open communication between the neighbors and the hospital is a great example of balancing urban development and neighborhood preservation. Therefore, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning the second substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 89 -02 PUBLIC HEARING ON A BILL AMENDING THE REGULAR MEETING FEBRUARY 10, 2003 BILL NO. 90 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 615 NORTH MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 91 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 802 NORTH LAFAYETTE STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to accept the substitute versions of Bill Nos 89 -02, 90 -02 and 91 -02. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly made a motion that these bills be combined for purposes of Public Hearing. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met and discussed the pros and cons and decided to bring these bills to the full Council with favorable recommendations. Mr. Jeff Myers, Staff Planner, Area Plan Commission, no address given, presented the report from the Area Plan Commission. In regards to Bill No. 89 -02, Mr. Myers advised that the Petitioner is requesting a zone change from "C" Commercial, "F" Height and Area; "A" Residential, "C" Height and Area; and "PHC" Professional Health/Care to "C" Commercial, "G" Height and Area to allow hospital /medical related uses and their associated uses. The property currently contains medical uses and associated off street parking facilities. Located to the north and east is a park zoned "A" Residential, "A" Height and Area; to the south are hospital/medical related uses and associated off street parking facilities zoned "B" Residential, "A" and "C" Height and Area and "C" Commercial, "F" Height and Area; and to the west is a school and an off street parking facility zoned "A" Residential, "A" Height and Area. Access to the site is from Park Lane, Michigan Street, Bartlett Street and Main Street. Water and sewer are available to the site. The drainage has not been addressed by the Petitioner. The total site to be rezoned is 3.7 acres. A check of the Agency's maps indicates that no wetlands or environmental hazard areas are present. However, it appears that a portion of this site is classified as Flood Zone "A -5" and `B" according to the Federal Insurance Rate Map. In addition, a community well field is located east of the site. A site plan is not required for rezonings that are initiated by the Council. The Area Plan Commission, at its Public Hearing held on December 17, 2002 sent this petition to the Council with a favorable recommendation. This rezoning will aid in the efficient development of the Memorial Hospital campus and will benefit the community as a whole. In regards to Bill No. 90 -02, Mr. Myers advised that the Petitioner is requesting a zone change from "B" Residential, "A" Height and Area, "B" Residential, "C" Height and Area, and "C" Commercial, "F" Height and Area to "C" Commercial, "G" Height and Area to allow hospital/medical related uses and their associated uses. The property currently contains a regional medical center, medical REGULAR MEETING FEBRUARY 10, 2003 and Area. Access to the site is from Bartlett Street, Michigan Street, and Lafayette Boulevard. Water and sewer are available to the site. The drainage has not been addressed by the Petitioner. The total site to be rezoned is 10.7 acres. A check of the Agency's maps indicates that no flood hazards, wetlands or environmental hazard areas are present. A community well field is located east of the site. A site plan is not required for rezonings that are initiated by the Common Council. The Area Plan Commission, at its Public Hearing held on December 17, 2002, sent this petition to the Common Council with a favorable recommendation. This rezoning will aid in the efficient development of the Memorial Hospital campus and will benefit the community as a whole. In regards to Bill No. 91 -02, Mr. Myers advised that the Petitioner is requesting a zone change from "B" Residential, "C" Height and Area to "C" Commercial, "G" Height and Area to allow hospital /medical related uses and their associated uses. The property currently contains the YWCA. Located to the north is a school zoned "A" Residential, "A" Height and Area; to the east is an off street parking facility zoned "A" Residential, "A" Height and Area; to the south are hospital/medical related uses and associated off street parking facilities; and to the west are residential uses, including single family, two (2) family and multi - family homes zoned "A" Residential, "C" Height and Area and a park zoned "A" Residential, "A" Height and Area. Access to the site is from Lafayette Boulevard and Bartlett Street. Water and Sewer are available to the site. The total site to be rezoned is .96 acres. A check of the Agency's maps indicates that no flood hazards, wetlands or environmental hazard areas are present. A community well field is located northeast of the site. A site plan is not required for rezonings that are initiated by the Common Council. The Area Plan Commission, at its Public Hearing held on December 17, 2002, sent this Petition to the Council with a favorable recommendation. This rezoning will aid in the efficient development of the Memorial Hospital campus and will benefit the community as a whole. At this time Mr. Myers presented an overhead presentation indicating the proposed rezoning areas. Mr. Bruce Bancroft, Barnes & Thornburg, 100 North Michigan Street, South Bend, Indiana, made the presentation for these bills. Mr. Bancroft noted that the property which Memorial Hospital, their client, is requesting be rezoned this evening is part of the main hospital block which is west of Michigan Street and is bounded by Navarre Street on the north. There are three (3) areas that they are asking to be rezoned to "C" "G" Height and Area. He noted that Mr. Foti explained the growth of Memorial and the need for more space and some new buildings. There is a need for flexibility in the hospital's planning so they can make each piece of ground count and they need to know that they can use it within the confines of the zoning ordinance. One section to be rezoned is where the main hospital is located. The other is the YWCA property which the hospital has a contract to purchase and will purchase sometime in September. The third area is a quarter block of parking which is immediately north of the present Bartlett Street parking garage. Those three (3) areas need to be rezoned so that the hospital can plan its future growth in those areas. Mr. Bancroft stated that they expect some development in those areas late this Fall or early next year when an agreement with the school corporation is placed in effect after the YWCA property is purchased. The hospital has in this area as they did in the area on the other side of Michigan Street talked with Mr. Aranowski and the neighbors and the hospital has agreed that Lafayette Street, opposite the area where the YWCA is located, will have a twenty (20) foot setback from the property line of Memorial and whatever is built there will be forty (40) feet from the edge of the pavement on Lafayette Street. This is the area of new development on REGULAR MEETING FEBRUARY 10, 2003 This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. Ms. Karen Hammond -Nash, Director, Historic Preservation Commission, Offices at 125 South Lafayette Boulevard, South Bend, Indiana, informed the Council that she is speaking in favor of Bill No. 89 -02. The question has been asked of her specifically whether she thinks that this bill will have an impact on the historic structure at 130 Park Lane known as the Junior League House. It is her opinion and the opinion of the Historic Preservation Commission that particularly given the setback that Memorial Hospital has agreed to, that this proposed ordinance would not detract from the historic property at 130 Park Lane and therefore they have no obj ection to the proposed rezoning. Mr. Kohn Hodgson, 807 Ashland, South Bend, Indiana, advised that he is a member of the Park Avenue Neighborhood Association Board. He thanked the Council and especially Mr. Aranowski for consideration of this petition for rezoning. As a neighborhood over the last several years their relationship with the hospital has been hot and cold. He noted that for the last two (2) years, as a liaison of the neighborhood and the neighborhood association, he has been meeting with representatives of Memorial Hospital on a regular basis. Parts of the proposed ordinance were discussed in those meeting. He expressed his gratitude to the Memorial Hospital staff for involving the neighborhood in this process and requested that the Council find in favor of these petitions. There was no one else present wishing to speak in favor of these bills and there was no one present wishing to speak in opposition to these bills. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning Bill No. 89 -02 as substituted. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Pfeifer made a motion for favorable recommendation to full Council concerning Bill No. 90 -02 as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Aranowski made a motion for favorable recommendation to full Council concerning Bill No. 91 -02 as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 103 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3511 LINCOLN WAY WEST, IN THE CITY OF SOUTH BEND, INDIANA Councilmember King advised that the Council has received a request from the Petitioner to withdraw this bill from consideration. Therefore, Councilmember Coleman made a motion to strike this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 7 -03 PUBLIC HEARING ON A BILL AMENDING THE ■ REGULAR MEETING FEBRUARY 10, 2003 from the agenda. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 5 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY REPLACING IN ITS ENTIRETY ARTICLE 6 ENTITLED TAX ABATEMENT PROCEDURES Councilmember King, Chairperson, Community and Economic Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. As Councilmember King is the presenter for this bill, President White presided over the Public Hearing. Councilmember Karl King, 4th District, 1515 East Washington Street, South Bend, Indiana, made the presentation for this bill. Councilmember King advised that the Community and Economic Development Committee proposes this bill for the Council's consideration as an ordinance that would amend Chapter 2, Article 6 of the South Bend Municipal Code by replacing it in its entirety. This will create an entirely new section entitled Tax Abatement Procedures. This ordinance is being proposed for three (3) principal reasons. First, the Council has acknowledged that it is reasonable from time to time to review the procedures for tax abatement in order to assure that these procedures continue to be appropriate in light of governing state law and local goals for community and economic development. Second, the Council has further acknowledged that the current ordinance was passed in 1998 and since that time the governing state law has been significantly amended. Third, the Council has expressed a desire that tax abatements be granted in a manner that provides improved incentives for private sector entities not only to invest in property but also to execute certain other actions which the Council considers to provide public benefits that would be in the best interests of the City of South Bend. The tax abatement procedures set forth in this proposed ordinance are the result of nearly twenty -four (24) months of research, analysis, deliberation and many meetings conducted by the Council's Community and Economic Development Committee where members of the public and the City administration provided input. Councilmember King invited Mr. Mike Beitzinger of the Department of Community and Economic Department to step forward as he is the staff person who has been involved in this process and is responsible for much of the administration that would take place if this ordinance is adopted. Mr. Mike Beitzinger, Department of Community and Economic Development, 14881 Brenthaven Court, Granger, Indiana, reiterated Councilmember King's comments regarding working long and hard on this ordinance. He noted that they fully support this ordinance and look forward to implementing it. This being the time heretofore set for the Public Hearing on the above bill, proponents and REGULAR MEETING FEBRUARY 10, 2003 they believe the amendments to the ordinance make great sense because it doesn't just recognize a business because they are going to spend some dollars on capital investment in our community but it recognizes companies who share similar goals which the City has identified in this ordinance. It sends a clear message to the community that the City can encourage businesses to come here but not just any business, but businesses that will add to the quality and character of the community. Mr. Eagan encouraged the Council to vote on the proposed amendments to the abatement ordinance. Mr. Carl Bossung, 61450 Myrtle Trail, South Bend, Indiana, Partner, Crowe Chizek LLP, thanked the Council and the administration for helping their company complete the project at 320 East Jefferson Boulevard. They have moved in and are functioning. They are quite proud of the facility and it is working out well. He noted that the expansion has allowed them to keep one hundred fifty (150) support jobs for their firm. The team effort of the City and the Council worked well and tax abatement was a part of that total package. He stated that in making project decisions, businesses like to know the ground rules. The proposed ordinance gives an opportunity to look at the City's priorities and what makes sense for the benefit of the City. It allows businesses to adjust the scope of their project in order to achieve the right number of points under the ordinance in order to maximize their benefit. Mr. Bossing indicated that he wholeheartedly supports the endorsement and positive vote on this ordinance. Mr. Jerry Thoma, President, Environmental Health Laboratories, 110 South Hill, South Bend, Indiana, thanked the Council, the Mayor and the City for all of the assistance that was given to them over the last several years during their efforts to expand their facilities. It was that spirit of cooperation that they enjoyed with the City that made their expansion possible and helped bring Underwriters Laboratories into the City of South Bend. In 1993, as a small privately owned business, Environmental Health Laboratories came before the Council seeking a tax abatement for the second expansion of their then fledgling business. As entrepreneurs they had a dream of something much more substantial with the potential of providing much greater benefit to the health and well being of the people in South Bend, in Indiana and in much of the US. Today Environmental Health Laboratories impacts over 50 million US citizens as they document the safety of public drinking water for public drinking water supplies. Today they operate as a wholly owned subsidiary of Underwriters Laboratories UL one of the world's largest conformity assessment companies. UL has become over the last one hundred seven (107 ) years one of the most recognized symbols of product safety and quality in the world. The tax abatement in 1993 did have an impact in their ability to realize their dream. The potential for an abatement had a significant impact on UL's decision to build a fifty thousand (50,000) square foot expansion which was completed last October. The potential for an abatement a couple of years ago was crucial in UL's decision to build in South Bend. Mr. Thoma stated that the current system is quite arbitrary and provides little to help perspective businesses to understand the chances of obtaining an abatement. The new ordinance creates a solid predictable and equitable rationale that will encourage more investment by businesses of the quality of Underwriters Laboratories and Crowe Chizek and others to invest in South Bend. Mr. Thoma stated that he supports this ordnance and he urged the Council to adopt it. Mr. Dave Lerman, CEO, Steel Warehouse & Lock Joint Tube, 3210 Miami Street, South Bend, Indiana, stated that over the years they have been favored with tax abatements for many of the projects they have had to try to stay competitive in their industries. He noted that he believes that it is absolutely vital for the survival of the manufacturing community to have tax abatement. It ■ REGULAR MEETING FEBRUARY 10, 2003 issues and how they were to be disposed of He noted that in looking at the ordinance he sees twenty -three (23) different criteria that are broken into six (6) different divisions that really help to organize the breath of issues that a community needs to look at when they are trying to decide what to do with their tax dollars and how they treat some of these incentive issues. Mr. McMahon stated that he would not be surprised to find other communities across the state emulating this ordinance and he encouraged the Council to vote positively on this ordinance. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Coleman indicated that he would like to take this opportunity to congratulate all those who have been involved in this process. He noted that this is the second opportunity he has had to participate in a major revision of the tax abatement ordinance, Mayor Luecke having been the chief author of the current ordinance when he served as a Councilmember. Councilmember Coleman thanked Councilmember Karl King for the tremendous effort that he put into looking at these revisions and for giving him the opportunity to participate in this process. He also thanked Mr. Don Inks and Mr. Mike Beitzinger of the Department of Economic Development with whom he had an opportunity to work with during this process. Councilmember Coleman made a motion that Bill No. 5 -03 go favorably to the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. President White stated that she would echo all the comments that were heard this evening regarding this bill and would like to commend Councilmember Karl King for his efforts and the time he has put in moving this ordinance forward. BILL NO. 10 -03 PUBLIC HEARING ON A BILL AMENDING CHAPTER 2, ARTICLE 17 OF THE SOUTH BEND MUNICIPAL CODE PROVIDING FOR A DEPOSIT PRIOR TO ADVERTISING FOR SALE OF PROPERTY Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon and sends this bill to the Council with a favorable recommendation. Mr. Larry Magliozzi, Department of Community Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Magliozzi advised that from time to time over the past several years the City has had opportunities to sell or offer for sale vacant lots in the City inventory. The procedure outlined by state law requires that the City perform certain steps even though a person requests their interest in purchasing the lot. The property must be advertised for sale and put up for public bid. The minimum bid price and request for sealed bids for the purchase of the property must be advertised. Recently, even though individuals indicated their intention to purchase the lot for the minimum bid price, they fail to submit a bid which causes the City to incur the advertising cost without any means of recouping that cost through the sale of the property. Therefore, this ordinance is being proposed which would require a one hundred ($100.00) dollar deposit to cover the costs of offering this REGULAR MEETING FEBRUARY 10, 2003 in purchasing the lot, one hundred ($100.00) dollars is not too much to put up. Mr. Urbanski encouraged the Council to consider this bill so that the City will not be out the costs of preparing the property for sale should the Petitioner not submit a bid. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Kelly made a motion that this bill be sent to the full Council with a favorable recommendation. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 9 -03 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 2003 INCLUDING $4,769,866 FROM THE GENERAL FUND, $1,260,517 FROM, THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $105,376 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $11,480,276 FROM THE COUNTY OPTION INCOME TAX FUND, $1,962,556 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $419,222 EMS CAPITAL, $121,336 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND, $513,768 FROM THE PARKS AND RECREATION FUND, $350,569 FROM THE PARKS NON - REVERTING CAPITAL FUND, $260,182 FROM THE PARK RECREATION NON - REVERTING FUND, $20,000 ETHNIC FESTIVAL, $35,000 FROM THE EAST RACE WATERWAY FUND, $344,000 COVELESKI STADIUM, $10,000 FROM THE CITY CEMETERY TRUST FUND, $1,297,282 FROM THE LOCAL ROADS AND STREETS FUND, $12,100 FROM THE PROJECT RELEAF FUND, $31,700 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $25,400 SOLID WASTE, $3,795,539 FROM THE WATER WORKS DEPRECIATION FUND, AND $2,276,334 FROM THE SEWAGE WORKS DEPRECIATION FUND Councilmember Pfeifer made a motion that the Council accept the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that the Personnel and Finance Committee met jointly with the Public Works and Property Vacation Committee and sends this bill to the full Council with a favorable recommendation. Mayor Stephen Luecke made the presentation for this bill. ■ REGULAR MEETING FEBRUARY 10, 2003 maintains strong reserves. Those reserves are important for a variety of reasons. As the weather has pointed out there is always the risk of a major storm and the winter weather does extreme damage to the streets. But more importantly, in this year when property tax reassessment is taking effect, strong reserves will help carry the City through and hopefully it will not have to borrow again when many other governmental units are doing that. This capital budget invests in people, it invests in neighborhoods, downtown and commercial corridors, it invests in parks and recreation, it invests in the City's own equipment and facilities, it continues a strong paving program because of decisions that have been made in the past. It has dollars available for major projects that will continue the momentum of building South Bend. Mayor Luecke pledged to the Council that he will continue to look for other outside sources to help cover some of these costs. However, this budget provides a strong platform to continue investing in and building South Bend. Mayor Luecke invited City Controller Rick 011ett to speak to some of the specifics. Mr. Rick 011ett, City Controller, 14th Floor, County -City Building, South Bend, Indiana, noted that the City anticipates making a variety of capital improvements to its various facilities and capital inventory during fiscal year 2003 and has determined that it is necessary and appropriate to make payment of these expenses and to appropriate sufficient funds from the various capital funds of the City to do this. He noted that the City invests in people, equipment and facilities to build a better South Bend. This is done in many ways. Mr. 011ett stated that he would be happy to answer any questions which the Council may have concerning this budget. 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 was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Aranowski commended the Mayor, his staff and Rick 011ett for showing fiscal responsibility. He noted that the budget is a two (2) step process with the operating budget providing the money for capital needs. Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 4 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING PARKING RATES FOR PARKING GARAGES AND PARKING LOTS OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon and sends this bill to the Council with a favorable recommendation. Mr. Tim Williams, Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. REGULAR MEETING FEBRUARY 10, 2003 add security at the Main and Colfax Garage and the St. Joseph and Wayne Street garages which will add about seventy two - thousand dollars ($72,000.000) per year to the expenses. In addition, they will be adding some security at the St. Joseph and Jefferson Street garage to cover the events at the Century Center. Mr. Williams informed the Council that a study group was formed to study this issue. The group consisted of representatives from Downtown South Bend, AMPCO Parking Systems, the City Engineer, Police Department, Mayor's office and the Redevelopment Commission. The group studied several alternatives, reviewed rates from other garages both in and out of South Bend and made this recommendation. He noted that the South Bend rates are still the lowest and that this is the first rate increase since 1987. 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 Coleman 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. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: oretta J D a, Cit Clerk ATTEST: 1 King, C ai e o mmittee of t e ole 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 8:30 p.m. Council President Karen L. White presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9389-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; PETITION OF JUSTINE DEMAEGT, OWNER, AND CLELAND HOMES, INC., CONTINGENT PURCHASER, TO ANNEX PROPERTY BOUNDED ON THE NORTH BY BRICK ROAD, ON THE SOUTH BY THE SOUTH BEND CITY J F1 REGULAR MEETING FEBRUARY 10, 2003 ORDINANCE NO. 9390 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN NAVARRE STREET ON THE SOUTH, BARTLETT STREET ON THE NORTH, ST. JOSEPH STREET ON THE EAST AND U.S. 31/33 ON THE WEST, EXCEPTING LOT 1 THROUGH LOT 4 AND LOTS 10, 11 AND 12 IN ROCKSTROH BROTHERS SECOND ADDITION, AND INCLUDING ANY VACATED ALLEYWAYS LOCATED ADJACENT TO THE LOTS WHICH COMPRISE THE PETITION PROPERTY AND INCLUDING THE COMMON STREET ADDRESSES OF 620 NORTH MICHIGAN STREET AND 701 ST. JOSEPH STREET This bill had third reading. Councilmember King made a motion to consider the second substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to pass this bill as substituted. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9391 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN MAIN STREET ON THE WEST, BARTLETT STREET ON THE SOUTH, U.S. 31/33 ON THE EAST AND PARK LANE ON THE NORTH (INCLUDING 801 AND 809 NORTH MICHIGAN STREET, SOUTH BEND, INDIANA) This bill had third reading. Councilmember King made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember King made a motion to pass this bill as substituted. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9392 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 615 NORTH MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. REGULAR MEETING FEBRUARY 10, 2003 (8) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9394 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE BY REPLACING IN ITS ENTIRETY ARTICLE 6 ENTITLED TAX ABATEMENT PROCEDURES This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9395 -03 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 17 OF THE SOUTH BEND MUNICIPAL CODE PROVIDING FOR A DEPOSIT PRIOR TO ADVERTISING FOR SALE OF PROPERTY This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9396 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2003 INCLUDING $4,325,452 FROM THE GENERAL FUND, $896,779 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $105,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $11,480,276 FROM THE COUNTY OPTION INCOME TAX FUND, $1,962,556 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $538,401 EMS CAPITAL, $28,500 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND, $453,817 FROM THE PARKS AND RECREATION FUND, $280,270 FROM THE PARKS NON - REVERTING CAPITAL FUND, $40,000 FROM THE PARK RECREATION NON - REVERTING FUND, $20,000 SUMMER IN THE CITY (A.K.A. ETHNIC FESTIVAL), $50,000 FROM THE EAST RACE WATERWAY FUND, $344,000 COVELESKI STADIUM, $10,000 FROM THE CITY CEMETERY TRUST FUND, $1,297,000 FROM THE LOCAL ROADS AND STREETS FUND, $51,050 FROM THE PROJECT RELEAF FUND, $31,700 FROM THE CONSOLIDATED BUILDING M REGULAR MEETING FEBRUARY 10, 2003 substituted. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9397 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING PARKING RATES FOR PARKING GARAGES AND PARKING LOTS OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS: RESOLUTION NO. 3159 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3432, 3431, 3423, 3409, 3359, 3335, 3230, 3352, 3344 AND 3424 TOPSFIELD ROAD, 3418, 3426, 3434, 3440 AND 3433 MEADOW HILL DRIVE, AND 3374 DEER LAKE DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TOPSFIELD ROAD DEVELOPMENT CORPORATION WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3432, 3431, 3423, 3409, 3359, 3335, 3230, 3352, 3344 and 3424 Topsfield Road, 3418, 3426, 3434, 3440 and 3433 Meadow Hill Drive, and 3374 Deer Lake Drive, South Bend, Indiana, and which are more particularly described as follows: Street Address: 3432 Topsfield Road 3431 Topsfield Road 3423 Topsfield Road 3409 Topsfield Road 3359 Topsfield Road 3335 Topsfield Road Legal Description: Lot 1, Section 2, Topsfield Lot 2, Section 2, Topsfield Lot 3, Section 2, Topsfield Lot 5, Section 2, Topsfield Lot 6, Section 2, Topsfield Lot 9, Section 2, Topsfield Kev Number: 26 -1001- 000149 26- 1001- 000150 26 -1001- 000151 26- 1001 - 000153 26- 1001- 000154 26 -1001- 000157 REGULAR MEETING FEBRUARY 10, 2003 3374 Deer Lake Drive Lot 48, Section 2, Topsfield 26- 1001 - 000179 3424 Topsfield Road Lot 49, Section 2, Topsfield 26 -1001- 000180 be designated as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: REGULAR MEETING FEBRUARY 10, 2003 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. Jim Rans, 16789 Brick Road, Granger, Indiana, made the presentation for this bill. Mr. Rans advised that on April 27, 1998, the Council granted a five (5) year residential real property tax abatement to Topsfield Road Development Corporation. The abatement assisted the developer in selling and developing twenty nine (29) lots in the Deer Run at Topsfield Subdivision. The abatement is due to expire in April of this year and the Petitioner is now seeking abatement on the sixteen (16) remaining lots. The Deer Run at Topsfield Subdivision is located on the northeast corner of Ironwood and Inwood Roads on South Bend's south side. The project started out with forty -nine (49) lots, of which thirty -three (33) have now been built upon. The sixteen (16) remaining lots will feature home sites with a minimum of two thirds of an acre and homes will be a minimum of two thousand nine hundred (2,900) square feet each. The approximate price for each home is estimated at four hundred thousand dollars ($400,000.00) making the total project approximately six million four hundred thousand dollars ($6,400,000.00). 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 King 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. RESOLUTION NO. 3160 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, REGULAR MEETING FEBRUARY 10, 2003 Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 525 St. Vincent Street, 613 Corby Street, and 905 and 907 St. Louis Street, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 525 St. Vincent Street SE Cor E %2 Lot 144, Sorin's 2 °d Add. 18 -5110 -3921 613 Corby Street W %2 Lot 12, Fogarty's Sub of Lot 149 18 -5108 -3846 905 St. Louis Street S 1/2 Lot 11, Fogarty's Sub of Lot 149 18 -5108 -3845 907 St. Louis Street N %2 Lot 11, Fogarty's Sub of Lot 149 18 -5108 -3844 be designated as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: . REGULAR MEETING FEBRUARY 10, 2003 SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. Mike Urbanski, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution on behalf of South Bend Heritage Foundation. Mr. Urbanski stated that this is one of many tax abatements for which he has come to the Council for approval and he asked for the Council's support. 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3161 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE REGULAR MEETING FEBRUARY 10, 2003 WHEREAS, the City of South Bend has considerable experience in employing environmental consultants and at administering State grants; and WHEREAS, St. Joseph County wishes to utilize the expertise and experience of City staff in the letting and overseeing of any such contract for the area, which area lies entirely within the city limits of South Bend, to determine if there is any environmental contamination; and WHEREAS, the executives of both the City of South Bend and St. Joseph County have reached an agreement for South Bend to contract with and supervise an environmental consultant concerning the aforementioned area of South Bend, Indiana and for St. Joseph County to pay up to $44,687 grant money for that work. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED BY THE STATE OF INDIANA UNDER I.C. 36 -1 -7, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. The Common Council of the City of South Bend has considered and hereby approves and ratifies the Interlocal Agreement between St. Joseph County and the City of South Bend, Indiana for the use of grant money dated January 21, 2003, which is attached hereto. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member, South Bend Common Council Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Bill Schalliol, City of South Bend Economic Development Office, 12th Floor County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that this Interlocal Agreement is between the City of South Bend and St. Joseph County to do a grant administration for a Brownfield Site Assessment Grant awarded to the County from the Indiana Development Finance Authority. Mr. Schalliol noted that he will be making a similar presentation to the County Council for their approval of this same agreement. 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 11 REGULAR MEETING BILLS - FIRST READING FEBRUARY 10, 2003 BILL NO. 11 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 130 PARK LANE, IN THE CITY OF SOUTH BEND, INDIANA, A LOCAL HISTORIC LANDMARK This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 10, 2003. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 12 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND DESIGNATING THE STRUCTURES AND REAL PROPERTY LOCATED AT 1114 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA, A LOCAL HISTORIC LANDMARK This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 10, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 13 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND DESIGNATING THE STRUCTURES AND REAL PROPERTY LOCATED AT 833 NORTHSIDE BLVD., IN THE CITY OF SOUTH BEND, INDIANA, A LOCAL HISTORIC LANDMARK This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 10, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 14 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF TUXEDO DRIVE AND EAST JEFFERSON BOULEVARD, CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman 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. REGULAR MEETING FEBRUARY 10, 2003 UNFINISHED BUSINESS BILL NO. 87 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1040 W. WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer made a motion that this bill be set for Second, Third and Public Hearing on February 24, 2003 and be referred to the Zoning and Annexation Committee. She noted that this bill was proposed a number of years ago and the process now is to prepare proper information for the Zoning and Annexation Committee. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS BY MR. JOHN SWANSON Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, indicated that he has noticed in the South Bend Tribune that a few of the Councilmembers have announced that they plan to run for reelection. He wished them good luck in their campaign and indicated that if they needed someone to lock and unlock their door he could help out in that capacity. ANNOUNCEMENT OF NEXT MEETING DATE Council President White announced that the next regular meeting of the Council will be held on Monday, February 24, 2003. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:53 p.m. ATTEST: orett0.DuV%tj, ty ler ATTEST: 9 aren L. White, Pres ent 1 1