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HomeMy WebLinkAbout04-14-03 Council Meeting MinutesREGULAR MEETING APRIL 14, 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, April 14, 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 COUNCILMEMBERS: Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: Ervin Kuspa OTHERS PRESENT: 151 District 2nd District 3`d District 4t1i District Chairperson, Committee of the Whole 51h District At -Large Vice - President At -Large At -Large President 6' District Kathleen Cekanski - Farrand Loretta J. Duda Sandra M. Parmerlee Janice I. Talboom 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 March 24, 2002 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 Coleman made a motion that the minutes of the March 24, 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: ANNOUNCE MEETING DATE CHANGE Councilmember Coleman made a motion to change the second Council meeting in May from REGULAR MEETING APRIL 14, 2003 Councilmember King noted that this is the part of the meeting in which the Council meets as the Committee ofthe Whole in order to consider bills that are presented for ordinance consideration and to hear presentations and public comments on those bills both in favor and against. After the hearing on each bill the Committee will vote on the disposition of the bills which typically is to send it to the full Council with either a favorable or an unfavorable recommendation. Councilmember King noted that Article 1, Section 2 -11 of the South Bend Municipal Code requires that before the Council begins these hearings the Chairperson of the Committee of the Whole briefly explain the procedure that will be followed for all public hearings on bills filed for ordinance consideration. The Committee 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: 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. 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 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 is one bill on the agenda this evening on which the hearing will be postponed and a motion will be made to that effect. He advised that the Public Hearing on Bill No. 23 -03 regulating large eating/drinking establishments will be postponed until the May 27, 2003 meeting of the Council and will not be heard tonight. PUBLIC HEARINGS M REGULAR MEETING APRIL 14, 2003 committee held a Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Jeff Myers, Staff Member, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioner is requesting a zone change from `B" Residential, "A" Height and Area to "PHC" Professional/Health Care District to allow permitted uses in the "PHC" Professional /Health Care District. The property contains a vacant hospital building and its associated buildings. Located to the north and west are single family homes zoned "A" Residential, "A" Height and Area; located to the south is a church zoned "A" Residential, "A" Height and Area, and multi - family buildings zoned `B" Residential, `B" Height and Area; and located to the east is a multi - family complex zoned "A" Residential, "A" Height and Area. A check of the Agency maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. A site plan is not required for rezonings initiated by the Area Plan Commission. Mr. Myers further advised that the Area Plan Commission, at its Public Hearing held on March 18, 2003, sent this petition to the Council with a favorable recommendation with the understanding that there be a twenty five foot (25') setback with screening from Marshall Street with the exception of any existing building in that twenty -five feet (25'); that there be a twenty -five (25') foot setback with screening from the east property line; that access from Holiday Drive be closed; and, that any new buildings will not be over two (2) stories in height. Mr. Myers informed the Council that the developer is present to answer any questions even though this is an Area Plan Commission initiated petition and not subject to a site plan. Mr. Victor Saavedra, 1005 South Lafayette Boulevard, South Bend, Indiana, representing Ziolkowski Construction addressed the Council and advised that also present were Mr. Dan Harshman, CEO of Logan Center and Mr. Bill Hambling, Executive Vice - President of Ziolkowski Construction. Mr. Saavedra stated that they are presenting today a site plan of the existing site which is located along Jefferson Boulevard and is the existing site for St. Mary's Hospital. Mr. Saavedra utilized a drawing of the site which showed the twenty -five foot (25') setbacks which are located along the north, west and east sides of the site. He noted that within that twenty -five foot (25') setback they are required and will comply with landscape berming and screening to protect the neighborhood and buffer the zone between the residential area and the existing building. The existing sixty thousand (60,000) square foot building will be torn down and replaced with an approximate twenty -five thousand (25,000) square foot new building with a maximum of two (2) stories per the Council's recommendation. All city ordinances pertaining to the site will be followed. Mr. Saavedra noted that this is a preliminary site plan and they are still in the process of development and putting together their schematic drawings but the building will be approximately that size. He noted that the residents were extremely excited that the City was so involved in looking out for their best interests and they did feel like this was a community effort and that is to the Council's credit. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. REGULAR MEETING APRIL 14, 2003 BILL NO. 15 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1402 MIAMI ST., IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly, Vice - Chairperson, Zoning & Annexation Committee, reported that this committee held a Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, no address given, presented the report from the Commission. Mr. Myers advised that the Petitioner is requesting a zone change from "C" Commercial, "E" Height and Area to `B" Residential, "E" Height and Area to allow a three (3) unit residential building. The property currently contains a multi - family residential building. Located to the north are mixed use buildings and single family homes zoned "C" Commercial, `B" Height and Area, located to the east are single family homes zoned `B" Residential, "A" Height and Area, located to the south are single family homes and duplexes zoned "C" Commercial, `B" Height and Area; located to the west are a mixed use building, duplexes and single family homes zoned "D" Light Industrial, `B" Height and Area. Access to the site could be from either the alley or Broadway Avenue. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is five thousand forty (5,040) square feet. Of that, the buildings will occupy thirty -four and one half per cent (34.5 %) of the site, the parking and drives will occupy twenty -five per cent (25 %) of the site and forty and one - halfper cent (40.5 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. Mr. Myers further advised that the Area Plan Commission, at its Public Hearing held on March 18, 2003, sent this petition to the Council with a favorable recommendation subject to a final site development plan. The building currently exists as a multi - family building. This rezoning will bring the zoning into conformance with the existing land use. Mr. Myers noted that as currently shown on the site plan a parking variance will be needed for the required parking. However, if they do not provide it there is room on the site for them to do so and they would have to do so prior to final site plan approval. Mr. Peter Ducharme, 1022 Park Avenue, Wauconda, Illinois, made the presentation for this bill. Mr. Ducharme advised that he originally brought this property in 1991, living in one (1) of the units and renting out the other two (2). In 1996 he sold the building on Land Contract to two (2) of the tenants who let the building deteriorate over the next four (4) years with the Department of Code Enforcement getting involved. Because his name was still on the title, he was required to fix up the property. Mr. Ducharme noted that he now has a contract to sell the property. He advised that he invested over thirty thousand dollars ($30,000.00) in the property when he first owned it between 1991 and 1996 and has now put another seventy thousand dollars ($70,000.00) into the building since he took it back in October of 2000. Mr. Ducharme indicated that the building was used as multi- family prior to his purchase in 1991 by the Klingerman's who rented out between one (1) and ■ REGULAR MEETING APRIL 14, 2003 beautiful property and he is proud to have restored it to its condition and it makes sense from every standpoint to use it as multi - family since that was how it was used for many years. Mr. Ducharme asked the Council for their approval of this zoning. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Ellie Tile, Realtor, Coldwell Banker, 1807 South Bend Avenue, South Bend, Indiana, advised that she has been working with Mr. Ducharme since June 7th of last year to try to sell this property. In the last nine (9) months they have had dozens of parties that have been interested in the property and all but two (2) of those inquires intended to use the property as multi - family. As a realtor and as a landlord she stated that Mr. Ducharme has restored this property far above the standards of most of the multi family homes found in South Bend and by restoring it to multi family status three (3) families will have the opportunity to live in a beautiful home at a moderate price. Ms. Tile asked that the Council approve the petition. There was no one else present wishing to speak either in favor of or in opposition to this bill. Therefore, Councilmember Varner made a motion for favorable recommendation to full Council. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 18 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF JACKSON ROAD, APPROXIMATELY 350 FEET EAST OF WALDEN COURT AND 450 FEET WEST OF FINCH DRIVE, CITY OF SOUTH BEND, INDIANA Councilmember Kelly, Vice - Chairperson, Zoning & Annexation Committee, reported that this committee heard this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Area Plan Commission, no address given, made the presentation for this bill. Mr. Myers advised that this is an Area Plan Commission initiated petition and they are requesting a zone change from "A" Residential, "A" Height and Area to `B" Residential, "A" Height and Area to allow duplexes and single family condominiums. The property currently contains duplexes and single family condominiums. Located to the north is a school and associated athletic fields zoned "A" Residential, "A" Height and Area, located to the west are single family homes zoned "A" Residential, "A" Height and Area, located to the south are single family homes zoned "A -1" Residential, "A" Height and Area and to the east are single family homes zoned `B" Residential, "A" Height and Area. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. A site plan is not required for rezonings initiated by the Area Plan Commission. The Area Plan Commission, at its meeting held on March 18, 2003, sent this petition to the Council with a favorable recommendation. This area has recently been annexed into the City. This rezoning is intended to bring the zoning into conformance with what the REGULAR MEETING APRIL 14, 2003 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 Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 23 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED PUBLIC SAFETY REQUIREMENTS FOR LARGE EATING/DRINKING ESTABLISHMENTS Councilmember Aranowski made a motion to continue this bill until the May 27, 2003 meeting of the Council and be sent to the Health and Public Safety Committee. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 24 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW DIVISION I ENTITLED YOUTH ADVISORY COUNCIL Councilmember Pfeifer, Chairperson, Community Relations Committee, reported that this committee met this afternoon and sends this bill to the full Council with a favorable recommendation. Common Council President Karen White made the presentation for this bill. President White advised that she is happy to be one of the sponsors of the Youth Advisory Council bill which is a very exciting initiative for the South Bend Common Council. She noted that the City of South Bend is the fifth largest city in the State of Indiana with a population of over one hundred seven thousand (107,000), and with a youth population between the ages of ten (10) and nineteen (19) of over fourteen thousand (14,000). She noted that there are many issues that arise in City government, in the South Bend community and the many neighborhoods that will be of interest to the youth. Such topics may include but may not be limited to educational and recreational opportunities as well as employment, social service and health care offerings. She noted that City government can directly benefit from the input of the youth in our community by developing a concept of positive youth involvement by providing opportunities to enhance citizenship skills of the youth and by providing interaction with city government officials, agencies, boards and commissions. Council President White stated that she and Councilmember Pfeifer are happy to be able to introduce to the Common Council this wonderful ordinance. She thanked everyone who has been involved both from public and private schools many of whom are present this evening and thanked the Council for their support as they begin to look at developing a real way for youth to i REGULAR MEETING APRIL 14, 2003 their districts. The Mayor, in consultation with the three (3) at large Councilmembers, will pick the three (3) youth at large. Councilmember Pfeifer stated that the Youth Advisory Council is another incentive to keep young people at home and this would give them something exciting and real and tangible to stay here at home in this community. Also, it is hoped that young people will go and ask their parents and grandparents and neighbors if they voted and if they know who their representatives are. These are two (2) initiatives that will benefit the City of South Bend and our young people. Council President White advised that this evening the Public Hearing will be held on this bill and official action will be taken. After the vote, the applications will be available from the City Clerk's office. The deadline for filing applications for student representatives with the City Clerk's office is May 15, 2003. On Monday, May 27, 2003, at 7:00 p.m. a swearing in ceremony will be conducted at the Common Council meeting under Special Business. Council President White informed the Council that she is excited about the Youth Council and will be working very closely with the representatives throughout the upcoming summer months. In conclusion, President White asked for the Council's support. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Stephanie Tezich, no address given, advised that she is an intern at IUSB working on the development of the Youth Advisory Council and the committee. She expressed her belief that it is very important to get youth involved at an early age in local government so that they take a little bit of ownership for what goes on in their city. She stated that she believes that the youth of our City will definitely benefit from this program. Ms. Sara Tezich, 132 Tasher Street, South Bend, Indiana, spoke in support of the Youth Advisory Council. She stated that there are many benefits that the community will receive from this Council. The Council will provide unique opportunities for students to develop leadership skills. It will also create a link between the youth and the community which has not been there before and that is a very important link that is missing. More importantly, the Youth Advisory Council will instill the values that representatives will hold throughout their lives. Ms. Tezich asked the Council to support the Youth Advisory Council. Mr. Oliver Davis, 1801 South Nash Street, South Bend, Indiana, informed the Council that he is in favor of the proposal for a Youth Council. He recounted that in 1987 he was part of the Huntsville, Alabama Youth Council where all the student government leaders from the public and private schools were able to come together once a month to meet with the city leaders and other student government leaders to talk about the issues that faced the young people in the area. It also gave them a chance to network among themselves about strategies on how they were running their own local student governments at the high school as well as team building and those types of issues. Mr. Davis advised that this was the spark for him to get involved and he definitely wants to see this happen in South Bend. He noted that he is in favor of this Youth Council and is pleased with Councilmembers White and Pfeifer for proposing this bill. Ms. Rosalind Ellis, 52370 Liberty Mills Court, Granger, Indiana, Director, Student Services, South Bend Community School Corporation, stated that on behalf of South Bend schools, it is with great enthusiasm that she comes before the Council to support the creation of the Youth Advisory Council. REGULAR MEETING APRIL 14, 2003 for the elementary and middle school youth. This is an opportunity to capture future leaders and to prepare them for all of the things that they will be doing in the community. They will also be prepared to become future Common Council members. Ms. Ellis advised that the South Bend Community School Corporation will be most cooperative in providing support for this initiative and Councilmembers will have access to students in order to carry out youth advisory activities. They will assist in identifying and referring and supporting the Youth Advisory participants and look forward to working in collaboration with Councilmembers White and Pfeifer and all of the Councilmembers to make this initiative a success. She commended and applauded the efforts ofthe Council and asked that this matter be brought to a positive success. Mr. Dennis Staffelbach, 1512 Hass Drive, South Bend, Indiana, Teacher and Dean of Boys, Trinity School, recounted his career beginning as a teacher at Trinity School and later being an attorney. He noted that after practicing law for many years he decided that his original vocation working with young people provided more opportunities to help make a little corner of the world a better place. He advised that one important thing that he has learned in his years of teaching is that young people want to be given responsibility. They want to be challenged in a serious way. Given that challenge, they will usually rise to the highest expectations. However, if great things are expected from the youth, then they must be provided with opportunities for greatness. For this reason, he stated that he is thankful to this Council and especially Council President White for actively seeking significant and meaningful ways in which area high school students cannot only voice their concerns but contribute to the decision making process. A process that so significantly affects the future of everyone. Mr. Staffelbach encouraged the Council to vote in favor of this bill. Mr. Josh Lowe, 735 South Twyckenham Drive, South Bend, Indiana, representing Trinity School, advised that he hopes to represent the South Bend youth as a whole and thanked the Council for their consideration of a Youth Advisory Council. He noted that it is his understanding that the goal of the Council would be to improve conditions for all of the residents of South Bend by allowing its youth to be heard. Mr. Lowe stated that he sees the Youth Council opening many opportunities for the young people of South Bend. The opportunities to have a voice in the City will insure continued participation in decisions that affect all citizens for a long time to come. It will enable them to bridge the gap between inherent stereotypes and the truth. The youth and adults need to see each others views as valid, well thought out and pertinent to all not just to their own group. It would also allow each representative to become aware of and sensitive to a different group of their peers that they may otherwise not have the chance to experience. This also leads to a better future for all with better understanding and the possibility of greater acceptance and cooperation in the years to come. A Youth Advisory Council holds the promise of hope. Hope for making improvements in what they do, how they think and what they can do as a community. Mr. Lowe asked that the youth be allowed to have a voice in the community through the Youth Advisory Council. Mr. Gab Duttlinger, Sophomore, Trinity High School, 2984 Jamestown Court North, Mishawaka, Indiana, thanked the Council for this opportunity to speak in favor of the establishment of a Youth Advisory Council which he thinks is a great idea. He indicated that the Youth Council will benefit the City and the youth as South Bend's youth have a vital role to play in the community. Having representation will inspire in youth a greater interest and involvement in the care and development of the City and he hopes that the Common Council will find the Youth Advisory Council to be a valuable source of insight, ideas and practical assistance in the Common Council's efforts to make South Bend a great place to live and work. i REGULAR MEETING APRIL 14, 2003 Mr. John Swanson, 1321 West Washington, South Bend, Indiana, informed the Council that he likes this proposal and it is what South Bend needs. He observed that not a lot of youth were present to represent themselves but hopes that the Council will act favorably on the bill. 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 Kelly stated that he is impressed with the presentation tonight especially by the young people because the young people are the future and he believes the future is in good hands. Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Aranowski seconded the motion. Councilmember Pfeifer stated that the Youth Advisory Council is open to youth from high school thru the age of twenty -one (21). The motion carried by a voice vote of eight (8) ayes. At this time the principals that were in attendance were instructed to pick up their packets containing a copy of the bill and applications for youth who are interested in serving on the Youth Advisory Council. 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: oret JV)ffuda,�C ity Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:42 p.m. Council President Karen L. White presided with eight (8) members present. ORDINANCE NO. 9411 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF TUXEDO DRIVE AND EAST JEFFERSON BOULEVARD, CITY OF SOUTH BEND, INDIANA REGULAR MEETING APRIL 14, 2003 This bill had third reading. Councilmember Pfeifer 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. 9413 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF JACKSON ROAD, APPROXIMATELY 350 FEET EAST OF WALDEN COURT AND 450 FEET WEST OF FINCH DRIVE, CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner 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. ORDINANCENO. 9414 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW DIVISION I ENTITLED YOUTH ADVISORY COUNCIL This bill had third reading. Councilmember Varner 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. RESOLUTIONS RESOLUTION NO. 3179 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1138 HILL STREET, 711 ST. PETER STREET AND 713 ST. PETER STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION 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 1138 Hill Street, 711 St. Peter Street and 713 St. Peter Street, South Bend, Indiana, and which are more particularly described as follows: REGULAR MEETING be designated as a Residentially Distressed Area; and APRIL 14, 2003 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: 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: 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 REGULAR MEETING APRIL 14, 2003 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, 1619 West Ewing Street, South Bend, Indiana, made the presentation for this bill. Mr. Urbanski noted that this tax abatement is one of many that have come before the Council and they have seen the fruits of what they have passed over the past years. 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3180 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE SETTING A PUBLIC HEARING AND AUTHORIZING THE PUBLICATION OF A NOTICE OF PUBLIC HEARING AND REGARDING CERTAIN RELATED MATTERS WHEREAS, the Common Council (the "Common Council ") of the City of South Bend, Indiana, (the "City ") has determined that it is necessary to undertake certain improvements consisting of (i) the construction, erection, equipping and leasing of a fire station facility to be located on Michigan Street approximately one hundred fifty (150) feet from the intersection of Broadway and Michigan Street in the City, and (ii) the renovation and expansion of the Police Station located at 701 West Sample Street in the City (the "Project "); and 11 REGULAR MEETING APRIL 14, 2003 WHEREAS, the Common Council further desires to initiate a petition of taxpayers requesting the City enter into a lease of the Project with the Building Corporation; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: 1. The Common Council hereby authorizes a hearing to be held by this Common Council pursuant to IC 36 -1 -10 for the purpose of receiving public input regarding the determination to enter into a lease for the purpose of completing a lease rental revenue financing of the Project. Such hearing shall be held at a regular meeting of the Common Council on April 28, 2003, at 7:00 p.m. (local time), in the Council Chambers, 4th Floor, County -City Building, South Bend, Indiana. 2. The Common Council hereby authorizes and directs the administrative staff of the City, with assistance from counsel, to provide notice of such hearing as required by law and to initiate the circulation of a petition of taxpayers requesting the City enter into a lease for the Project with the Building Corporation. 3. The Common Council desires to receive a petition of taxpayers requesting that the City enter into a lease of the Project with the Building Corporation. 4. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: s/Karen L. White Member of the Common Council Councilmember Coleman made a motion to consider the substitute version of this Resolution. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly, Chairperson, Health and Public Safety Committee, reported that this committee held a Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Rick 011ett, Controller, City of South Bend, no address given, made the presentation for this bill. Mr. 011ett advised that this is one of the early steps in the financing process required by statute to enter into leases to construct and equip the new fire station and to renovate and expand the police station. This Resolution authorizes a hearing to be held at 7:00 p.m. on April 28, 2003, in the Council Chambers, for the purpose of receiving public input regarding the determination to enter into a lease to be able to complete a lease rental revenue financing for this project. The Resolution also authorizes and directs the administrative staff of the City, with the help of Council, to provide Notice of this hearing and to initiate the circulation of a petition of the taxpayers requesting that the City enter into this lease. REGULAR MEETING BILLS - FIRST READING APRIL 14, 2003 BILL NO. 25 -03 FIRST READING 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, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; WAGGONERS'S DAIRY FARM, INC., 23464 ADAMS RD., SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission, with Second Reading and Public Hearing to be held on June 9, 2003 and Third Reading on June 23, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 26 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 2, USE DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ZONING DISTRICT TO BE KNOWN AS THE "CB" COMMUNITY BUSINESS DISTRICT 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. BILL NO. 27 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED REGULATIONS FOR WIRELESS TELECOMMUNICATIONS FACILITIES This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 28 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3524 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA E REGULAR MEETING APRIL 14, 2003 FOR THE CONSTRUCTION AND EQUIPPING OF A NEW FIRE STATION AND THE RENOVATION AND EXPANSION OF A POLICE STATION, PLEDGING COUNTY OPTION INCOME TAX REVENUES TO THE PAYMENT OF RENTALS THEREFOR AND REGARDING CERTAIN RELATED MATTERS This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on April 28, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL NO. 22-03 - STRICKEN A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 923 & 925 BLAINE AVE. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to strike this bill at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS CITY PLAN - GUEST SPEAKER LECTURE SERIES Council President White commended the administration on the first lecture series that was held last week in regards to the City Plan. She noted that it was well attended and was an outstanding lecture that provided excellent information. The next lecture series will be held on Wednesday, April 16, 2003 at 7:00 p.m. at Century Center, Hall C. The lecture is free and open to the public. Parking at Century Center is also free. Council President White noted that this is the first citywide Comprehensive Plan for South Bend in a generation so the community is extended an invitation to come and help plan the City as it moves toward a very comprehensive planning process. EARTH DAY ACTIVITIES Councilmember Coleman announced that Saturday, April 19, 2003 is Earth Day and activities will be celebrated in Howard Park from 9:00 a.m. to 5:00 p.m. He invited everyone to come out and celebrate the earth. PRIVILEGE OF THE FLOOR INTRODUCTION BY "GRANDPARENTS AS PARENTS" (G.A.P.) Ms. Opal Bufford, 1905 Leer Street, South Bend, Indiana, informed the Council that she REGULAR MEETING APRIL 14, 2003 community. Ms. Bufford distributed printed material which she asked the Council to look over and asked that if the Council knows of any grandparents raising grandchildren she would appreciate it if they would put them in touch with this group. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 7:58 p.m. ATTEST: Loretta . lda, C ty Clerk ATTE L. White, D 1 0