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HomeMy WebLinkAbout11-11-02 Council Meeting MinutesREGULAR MEETING NOVEMBER 11, 2002 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, November 11, 2002, at 7:00 p.m. The meeting was called to order by Council President Roland Kelly and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski lst District Roland Kelly 3rd District President Karl King 4th District Chairperson, Committee of the Whole David Varner 5th District Andrew Ujdak 6th District Sean Coleman At -Large Al "Buddy" Kirsits At -Large Karen L. White At -Large Vice - President Absent: Charlotte Pfeifer 2nd District 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 October 28, 2002 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Roland Kelly s/David Varner Councilmember Coleman made a motion to accept and place on file the minutes of the October 28, 2002 meeting of the Council. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF MEETING DATE IN DECEMBER Council President Roland Kelly announced that the Council will conduct only one (1) meeting in December on December 9, 2002. RESOLUTION NO. 3132 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (SALAH AND CYNTHIA HILAL ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100 %) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; -1- REGULAR MEETING NOVEMBER 11, 2002 WHEREAS, the territory proposed to be annexed encompasses approximately 3.42 acres of vacant land which is at least 12.5% contiguous to the current City limits, i.e., approximately 13.3% contiguous, which property is located on the west side of Portage Avenue, approximately 2700 feet north of Cleveland Road. This annexation area is part of a two -step annexation process, the ultimate purpose of which is to construct a combination of commercial, office and multi - family uses. However, the parcel which is the subject of this annexation is landlocked until the second phase annexation occurs which will annex the entire tract intended for development. This annexation area as developed will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection; it will also require services of a capital improvement nature, including a sanitary sewer system, a water distribution system, a drainage system, street lighting, and possible street and road construction; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a Fiscal Plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sanitary sewer system, a water distribution system, a drainage system, street lighting, and possible street and road construction; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the full and complete annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend have each approved a written Fiscal Plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER THE NORTHWEST QUARTER OF SAID SECTION 22; THENCE N. 00'-00'-00" E. ALONG THE WEST LINE OF SAID QUARTER SECTION, 292.71 FEET MORE OR LESS TO THE SOUTH LINE OF THE PLAT OF "PORTAGE FARMS" AS RECORDED IN PLAT BOOK # 15 ON PAGE "P -5" IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE N. 900 — 00' -00" E. (ASSUMED BEARING) ALONG SAID SOUTH LINE, 510.00 FEET MORE OR LESS; -2- 1 1 REGULAR MEETING NOVEMBER 11, 2002 THENCE S. 000 - 00' -00" W., 292.27 FEET MORE OR LESS TO THE EAST & WEST QUARTER LINE OF SAID SECTION 22; THENCE S. 890 — 57' -01" W. ALONG SAID QUARTER LINE, 510.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as a sanitary sewer system, a water distribution system, a drainage system, street lighting, and possible street and road construction, within four (4) years of the effective date of the full, complete annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt the Fiscal Plan set forth in Exhibit "A ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides among other things, that virtually all capital improvements required to service the annexation area will be planned, provided, and paid for by the owner /developer subject to compliance with state and local law. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Roland Kelly Member, South Bend Common Council Councilmember White reported that the Zoning & Annexation Committee held a Public Hearing on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Division of Community Development, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi advised that this Resolution relates to a voluntary annexation which is the first of a two phased annexation process due to the fact that the entirety of the Hilal property was not able to meet the contiguity requirements of state law. Therefore, for annexation purposes, the property was split in half. This annexation represents the vacant western half of the property which is the back part of the property with no access to streets, lanes or structures. This annexation involves 3.42 acres which is zoned "Residential" in the County but under the annexation ordinance will be coming into the City as "A" Residential. The Fiscal Plan represents the City's ability to provide services to this parcel. Mr. Magliozzi advised that all City services can be provided. Police Beat #22 will be expanded to provide service and Fire Station #11 will provide fire service to the site. This annexation is due to be effective on January 5, 2003 and at that time the developer intends to file a voluntary annexation for the eastern half of the property and present a preliminary site plan for the entire property. In conclusion, Mr. Magliozzi advised that this annexation does meet all the requirements of state law and the City can provide services. 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 Coleman made a motion to adopt this Resolution. Councilmember -3- REGULAR MEETING NOVEMBER 11, 2002 White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:06 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. Chairman King presiding. BILL NO. 71 -02 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; (SALAH & CYNTHIA HILAL, 52447 PORTAGE ROAD, SOUTH BEND, INDIANA 46628) Councilmember White reported that the Zoning & Annexation Committee held a Public Hearing on this bill as substituted and sends it to the Council with a favorable recommendation. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Ms. Pam Horvath, Danch, Hamer & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill on behalf of the petitioners, Salah and Cynthia Hilal. Ms. Horvath advised that the petitioners are requesting the annexation of a portion of their property located at 52447 Portage Road. The Hilal's would like to bring the west 3.42 acres of their property into the City of South Bend. This annexation is part of a two (2) phase procedure to bring in the entire property which contains approximately 7.1 acres. Ms. Horvath noted that if this annexation is approved the petitioner intends to submit a petition requesting that the remaining portion of property be brought into the City. 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 as substituted and that it be set for Third Reading on November 25, 2002. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 23 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR SPECIFIED PROPERTIES LOCATED ALONG THE LINCOLNWAY WEST COMMERCIAL CORRIDOR BETWEEN LA SALLE STREET AND BENDIX DRIVE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White reported that the Zoning & Annexation Committee held a Public Hearing on substitute Bill No. 23 -02 and sends it to the Council with a favorable recommendation. REGULAR MEETING NOVEMBER 11, 2002 Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140, County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that this rezoning is Common Council initiated to rezone properties as follows: 1. From "A" Residential, `B" Height and Area to "A -1" Residential, `B" Height and Area; 2. From "A -1" Residential, `B" Height and Area to `B" Residential, `B" Height and Area; 3. From `B" Residential, "A" Height and Area to "A" Residential, "A" Height and Area; 4. From `B" Residential, "F" Height and Area to "A -3" Mixed Use Multifamily Residential and Commercial, "F" Height and Area; 5. From `B" Residential, `B" Height and Area to "A" Residential, `B" Height and Area; 6. From `B" Residential, `B" Height and Area to "A -3" Multifamily Residential and Commercial, `B" Height and Area; 7. From `B" Residential, "A" Height and Area to "O" Office; 8. From "C" Commercial, "D" Height and Area to `B" Residential, "D" Height and Area; 9. From "C" Commercial, `B" Height and Area to "A" Residential, `B" Height and Area; 10. From "C" Commercial, "E" Height and Area to "B" Residential, "E" Height and Area; 11. From "C" Commercial, "E" Height and Area to "A -3" Mixed Use Multifamily - Residential and Commercial, "E" Height and Area; 12. From "C" Commercial, `B" Height and Area; to "A -3" Mixed Use Multifamily Residential and Commercial, "F" Height and Area; 13. From "D" Light Industrial, "E" Height and Area to "C" Commercial, "E" Height and Area; 14. From "D" Light Industrial, "A" and "F" Height and Area to "A -3" Mixed Use Multifamily Residential and Commercial, "F" Height and Area; 15. From "D" Light Industrial, "F" Height and Area to "A -3" Mixed Use Multifamily Residential and Commercial, "F" Height and Area; 16. From "D" Light Industrial, "F" Height and Area to "A -1" Residential, "F" Height and Area; 17. From "D" Light Industrial, "A" Height and Area to "A -3" Mixed Use Multifamily Residential and Commercial "F" Height and Area. Mr. Myers further advised that the purpose of this rezoning is to eliminate spot zoning, to create a more orderly residential and commercial development, and to allow for the properties to be compatible with the adjacent uses. A site plan is not required for rezonings initiated by the Common Council. The Area Plan Commission, at its Public Hearing held on October 15, 2002, sent this petition to the Council with a favorable recommendation. While the Commission recognizes that further work will need to be done along this corridor in order to achieve overall zoning appropriateness, this rezoning represents a positive first step in that direction. By bringing zoning districts into conformance with the dominant use of certain areas along the corridor, this rezoning should have a positive effect on the corridor and surrounding neighborhoods. At this time, Mr. Myers provided a visual overview of the areas to be rezoned. Mr. John Oxian, 742 Sancome Street, South Bend, Indiana, made the presentation for this bill. Mr. Oxian advised that he is the Chairman of the Landmarks Committee for the Lincolnway West -5- REGULAR MEETING NOVEMBER 11, 2002 Steering Committee and has been involved with this project for four (4) years. He noted that they went before the Steering Committee and received their endorsement. Additionally, four (4) Public Hearings were held and during that time only one (1) objection was heard and that was because of a misunderstanding. Mr. Oxian stated that they endorse this rezoning one hundred per cent (100 %) and would appreciate Council approval. 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 Coleman made a motion to send this bill, as substituted to the full Council favorably. Councilmember Coleman expressed his appreciation and congratulations to all those who have been involved in this process over an extended period of time. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 44 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 115 INDIANA AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember King advised that the Council has received a request from the petitioner to postpone consideration of this bill until the December 9th meeting of the Council. Therefore, Councilmember Aranowski made a motion to continue this bill until December 9, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 69 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2004 E. EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee held a Public Hearing on this bill and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140, County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "O" Office to allow uses permitted in the "O" Office District. The property currently contains a single family home. Located to the north are single family homes zoned "A" Residential, "A" Height and Area and a mixed use building zoned "O" Office; to the east is a single family home and parking lot zoned "C" Commercial, `B" Height and Area and a commercial business zoned "C" Commercial, "A" Height and Area; to the south are single family homes zoned "A" Residential, "A" Height and Area; and to the east across Rosemary Lane is an office zoned `B" Residential, "A" Height and Area. Access to the site is from both Edison Road and Rosemary Lane. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is nineteen thousand five hundred (19,500) square feet. Of that, the buildings will occupy twenty -five per cent (25 %) of the site, the parking and drives will occupy forty -two per cent (42 %) of the site and thirty- I on 1 1 REGULAR MEETING NOVEMBER 11, 2002 three per cent (33 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands, or environmental hazard areas are present. The site plan is preliminary. The City Engineer has commented that only one (1) driveway opening is necessary for this site, which should be the opening onto Rosemary Lane. The City Engineer will also require a revised drainage plan at the final site plan stage. A petition to rezone this property to "C -1" Commercial received an unfavorable recommendation from the Area Plan Commission in August of 2002 and was subsequently withdrawn. The Area Plan Commission, at its Public Hearing held on October 15, 2002, sent this petition to the Council with a favorable recommendation subject to a final site development plan. The "O" Office zoning district has permitted uses which are required to be compatible with residential areas and contain development controls to limit its impact on the surrounding residential area. It is the Commission's opinion, that the "O" Office zoning and allowed uses would be compatible with the residential uses in the area, as well as, with the other office uses that are located along this portion of Edison Road. Mr. Myers presented a visual overview of this rezoning. Mr. Tiberius Mihalache, 24541 Locust, Elkhart, Indiana, made the presentation for this bill. Mr. Mihalache advised that this rezoning is requested in order to build an office building which will give them access to downtown South Bend as well as surrounding cities. He noted that the neighboring properties are offices and they believe they will be a good addition to the business community. - 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. BILL NO. 70 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1018 -1020 NORTH SHERMAN STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember King advised that it has been requested that this bill be postponed until the November 25th meeting of the Council. Therefore, Councilmember Coleman made a motion to continue this bill until November 25, 2002. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 81 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $130,000 FROM FUND 201 AND $45,000 FROM FUND 405 FOR CONSTRUCTION COSTS OF THE POTAWATOMI ZOO HOSPITAL Councilmember Coleman reported that the Parks, Recreation, Cultural Arts and Entertainment Committee met on this bill and sends it to the Council with a favorable recommendation. -7- REGULAR MEETING NOVEMBER 11, 2002 Mr. Bill Carleton, Fiscal Officer, South Bend Parks & Recreation Department, 321 East Walter Street, South Bend, Indiana, made the presentation for this bill. Mr. Carleton asked for the Council's favorable consideration of this bill which would appropriate one hundred thirty thousand dollars ($130,000.00) from Fund 201 and forty -five thousand dollars ($45,000.00) from Fund #405 for construction and equipment costs for the Potawatomi Veterinary Hospital. Mr. Carleton noted that these monies have been made available through a generous donation from the Potawatomi Zoological Society and are designated for this purpose. Dr. Jeremy Goodman, Veterinarian, Potawatomi Zoo, 500 South Greenlawn Avenue, South Bend, Indiana, informed the Council that this is a wonderful partnership between the Zoo Society and the City of South Bend which resulted in a new hospital being completed. He noted that a lot more money would have been necessary were it not for the funds donated by the Zoo Society. Additionally, over six hundred thousand dollars ($600,000.00) worth of equipment has been donated to the zoo hospital and for that they are grateful to the community. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to the full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 82 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $126,081 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM Councilmember King reported that the Community and Economic Development Committee held a Public Hearing on this bill earlier today and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Department of Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill appropriates monies for the Emergency Shelter Grant program for 2003 and is in accordance with the proposed Action Plan that was discussed with the Council in September and which was made available for public review and comment in the month of October. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to the full Council. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 83 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $3,606,200 FROM THE COMMUNITY In REGULAR MEETING NOVEMBER 11, 2002 DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2003, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember King reported that the Community and Economic Development Committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Department of Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill appropriates the Community Development Block Grant dollars, the entitlement money and the program income that they anticipate receiving through 2003. This was also made public for a comment period in the month of October. 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 the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 84 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $589,893 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUND, FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Councilmember King reported that the Community and Economic Development Committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Department of Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill appropriates funds for the department's administrative costs and is all part of the same budget that the Council approved in the budget hearings in September. These funds come from staff contracts, interest income and tax abatement fees. 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 the full Council. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. u1" REGULAR MEETING NOVEMBER 11, 2002 BILL NO. 85 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $48,920 FROM FUND 210, THE ECONOMIC DEVELOPMENT STATE GRANT FUND, FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S ADMINISTRATIVE BUDGET Councilmember King reported that the Community and Economic Development Committee held a Public Hearing on this bill this afternoon and voted to send this bill to the full Council with a favorable recommendation. Ms. Beth Leonard, Department of Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard informed the Council that this bill is part of the department's administrative budget and also part of the budget that was approved by the Council in September. 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 in favor of this bill. The following individual spoke in opposition to this bill: Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, informed the Council that it is hard to get people to do any kind of disagreement when they don't even know what is going on. She noted that the only thing she read in the newspaper today was the fact that all the City, federal and state offices are closed and noted that most people don't even know that anything is going on here today. There was no one else present wishing to speak against this bill. In rebuttal, Ms. Leonard stated that the Council did make notice that this meeting was going to be held although the offices are closed. Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 86 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND (FUND 410) FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 2003 BEGINNING JANUARY 1, 2003 Councilmember King reported that the Community and Economic Development Committee held a Public Hearing on this bill this afternoon and voted to send this bill to the full Council with a favorable recommendation. Ms. Beth Leonard, Department of Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. -10- LJ 1 1 REGULAR MEETING NOVEMBER 11, 2002 Ms. Leonard advised that like the two (2) previous bills, this bill is the last piece of the department's administrative budget which was discussed with the Council in September. 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 Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 87 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $361,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember King reported that the Community and Economic Development Committee held a Public Hearing on this bill this afternoon and voted to send this bill to the full Council with a favorable recommendation. Ms. Beth Leonard, Department of Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill, along with the two (2) earlier bills which were the Emergency Shelter Grant and the Community Development Block Grant, finalizes the Community Development Block Grant Programming for 2003. By transferring funds from projects that did not spend money in the previous year they were able to put those funds into new projects for next year. 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 Coleman thanked Ms. Leonard for her excellent management of the Community Development Block Grant funds and related dollars as well as other funds that fall under her purview. Therefore, 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. 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: ATTEST: Loret a J. D a, City Clerk TK7*n1, , hairl itte of the -11- REGULAR MEETING NOVEMBER 11, 2002 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 7:45 p.m. Council President Roland Kelly presided with eight (8) members present. BILLS - THIRD READING 1 ORDINANCE NO. 9365 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED ALONG THE LINCOLNWAY WEST COMMERCIAL CORRIDOR BETWEEN LASALLE AND BENDIX, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Aranowski made a motion to hear the substitute version of this bill as heard in the Committee of the Whole. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Aranowski made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried by a roll call vote of eight (8) ayes. ORDINANCE NO. 9366 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2004 E. EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember King 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. 9367 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $130,000 FROM FUND 201 AND $45,000 FROM FUND 405 FOR CONSTRUCTION COSTS OF THE POTAWATOMI ZOO HOSPITAL This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9368 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $126,081 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. -12- REGULAR MEETING NOVEMBER 11, 2002 ORDINANCE NO. 9369 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $3,606,200 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2003, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9370 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $589,893 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUND, FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT - This bill had third reading. Councilmember King made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9371 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $48,920 FROM FUND 210, THE ECONOMIC DEVELOPMENT STATE GRANT FUND, FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S ADMINISTRATIVE BUDGET This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9372 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND (FUND 410) FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 2003 BEGINNING JANUARY 1, 2003 This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. -13- REGULAR MEETING NOVEMBER 11, 2002 ORDINANCE NO. 9373 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $361,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember King 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. 3133 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN (105 LOTS LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK ROAD, AND WEST OF AND ADJACENT TO THE U.S. 31 BYPASS)AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: COOREMAN REAL ESTATE GROUP, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as The Villas at Lake Blackthorn, South Bend, Indiana, and which is more particularly described as follows: A part of the Northwest, Southwest, and Southeast Quarters of Section 18, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana being more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 18, Township 38 North, Range 2 East, 5.8 feet south of a 2" iron monument with a cap labeled "SEC. CORNER "; thence South 89 degrees 49 minutes 49 seconds West, a distance of 2278.97 feet to the east line of the west 160 acres of the south half of said Section 18; thence along said east line, South 0 degrees 45 minutes 39 seconds West, a distance of 80.00 feet to the POINT OF BEGINNING; thence continuing along said east line South 0 degrees 45 minutes 39 seconds West to the northeast corner of land described in Instrument Number 101065, as recorded in the office of said Recorder; thence South 35 degrees 15 minutes 20 seconds West, a distance of 401.95 feet; thence South 2 degrees 36 minutes 09 seconds West, a distance of 256.87 feet; thence South 85 degrees 31 minutes 45 seconds West, a distance of 199.30 feet to the southeast corner of land described in Instrument Number 8717366, as recorded in the office of said Recorder; thence along the east line of said land, North 0 degrees 15 minutes 44 seconds East, a distance of 181.22 feet; thence along the north line of said land, North 89 degrees 48 minutes 51 seconds West, a distance of 323.58 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a -14- 1 1 REGULAR MEETING NOVEMBER 11, 2002 distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 800.00 feet to the southwest corner of Lot "A" as depicted in the replat of Righter's Orange Road Minor Subdivision, described in Instrument Number 8525803, as recorded in the office of said Recorder; thence along the south line of said Lot "A ", North 89 degrees 50 minutes 13 seconds East, a distance of 100.00 feet; thence along the east line of said Lot "A ", North 0 degrees 03 minutes 20 seconds West, a distance of 292.71 feet to the point of curvature of a non - tangent curve, being the northerly right -of -way of Orange Road, concave to the North, having a radius of 295.00 feet, a central angle of 22 degrees 31 minutes 44 seconds, and a chord of 115.25 feet bearing North 64 degrees 12 minutes 33 seconds East; thence East along said northerly right -of -way curve, a distance of 115.99 feet; thence South 0 degrees 11 minutes 04 seconds East, a distance of 119.25 feet to the southwest corner of Lot 1 of Bogue's Major Subdivision, described in Instrument Number 8932797, as recorded in the office of said Recorder and the northwest corner of land described in Instrument Number 9331954, as recorded in the office of said Recorder; thence along the boundary of said land the next two (2) courses; (1) South 26 degrees 45 minutes 04 seconds East, a distance of 66.96 feet; (2) thence North 89 degrees 49 minutes 49 seconds East, a distance of 556.25 feet to east line of the west 160 acres of the south half of said Section 18 and the POINT OF BEGINNING. and which has Key Numbers 04- 1010 -0176 and 25- 1010 -0177, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se .,and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an — investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. 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 se ., 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 -15- REGULAR MEETING NOVEMBER 11, 2002 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 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 determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. -16- REGULAR MEETING NOVEMBER 11, 2002 SECTION X. The petitioner agrees to file with the City Clerk a complete listing of the commonly known addresses and key numbers for each of the 105 lots by January 31, 2003. SECTION XI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Roland Kelly Member of the Common Council Councilmember King reported that the Community and Economic Development Committee held a Public Hearing this afternoon and voted to send this Resolution to the Council with a favorable recommendation. Council Attorney Kathleen Cekanski- Farrand advised the Council that the substitute bill on file will need to be accepted. Therefore, Councilmember King made a motion to accept the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Mr. Steve Cooreman, Cooreman Real Estate Group, 24545 Brick Road, South Bend, Indiana, made the presentation for this Resolution. Mr. Cooreman advised that Cooreman Real Estate Group is the developer of The Villas at Lake Blackthorn and that over the past ten (10) years they have developed over five (5) major subdivisions which have resulted in approximately $70 million dollars of new construction in St. Joseph County. He stated that they believe that the northwest corridor will be the next major residential growth area for the City of South Bend and that is why they would like to develop The Villas at Lake Blackthorn. This project will have one hundred fourteen (114) new villas which will be maintenance free living and which will target empty nesters and young professionals. The villas will result in approximately $20 -$25 million in new construction. The property currently generates about one hundred dollars ($100.00) per year in taxes. Once the project is fully built out and is in full taxation it will generate at least three hundred thousand dollars ($300,000.00) in real estate taxes. 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 as substituted. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Council President Kelly wished Mr. Cooreman good luck with this project. RESOLUTION NO. 3134 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A COMPREHENSIVE PLAN WHEREAS, Indiana Code §36 -7 -4 -500, et seq., entitled "500 Series - Comprehensive Plan" sets forth the state law which empowers the Area Plan Commission of St. Joseph County to prepare, approve and certify a Comprehensive Plan for its area of jurisdiction; and WHEREAS, the Area Plan Commission of St. Joseph County provides planning and zoning services for the City of South Bend, the unincorporated portions of St. Joseph County; and the towns of Lakeville, New Carlisle, North Liberty, Osceola and Roseland; and -17- REGULAR MEETING NOVEMBER 11, 2002 WHEREAS, since the Summer of 1998 the Area Plan Commission of St. Joseph County and its consultant have been working on the proposed comprehensive plan; and WHEREAS, pursuant to Indiana Code §36 -7 -4 -508, the attached Comprehensive Plan for South Bend and St. Joseph County, Indiana, dated April 2002, was certified by the Executive Director of the Area Plan Commission of St. Joseph County as the document which was approved by the Commission at its public meeting held on January 29, 2002, by the adoption of Resolution No. 140 -02 and which was subsequently amended by the Commission at its public meeting held on April 16, 2002, by the adoption of Resolution No. 141 -02; and WHEREAS, the Common Council of the City of South Bend, Indiana, acknowledges that the Comprehensive Plan would serve as a non - binding planning document to guide the entities under the jurisdiction of the Area Plan Commission of St. Joseph County into the fixture, with the City of South Bend desiring to have the plan updated and amended when necessary; WHEREAS, by the adoption of the Comprehensive Plan, the City of South Bend envisions such action as providing the necessary enabling legislation to establish a framework for South Bend to move forward on its own, more specific legislation, which may include but not be limited to the development of a City Plan, Neighborhood Plans, Zoning and Subdivision ordinances and other rules and regulations which would address the specific planning needs for the enhancement and betterment of residential neighborhoods and the overall economic viability of the city. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The certified Comprehensive Plan, which is marked `Exhibit "A" and attached hereto and included herein by reference, which was formally adopted by the Area Plan Commission of St. Joseph County as the document approved by the Commission on January 29, 2002, by the adoption of Resolution No. 140 -02 and subsequently amended by the Commission on April 16, 2002, by the adoption of Resolution No. 141 -02, is hereby adopted as a planning tool and guide to enable the City of South Bend to move forward on more specific and detailed legislation which would promote and enhance the overall viability and vitality of the city. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council. s/Roland Kelly Member of the Common Council I Councilmember White reported that the Zoning and Annexation Committee along with the Residential Neighborhood Committee held a Public Hearing on this bill and sends it to the Council with a favorable recommendation. Councilmember White thanked Mr. Bob Sante, Executive Director, Area Plan Commission, the members of his committee and all those who were part of the extensive review and input into this Comprehensive Plan. She noted that the Comprehensive Plan is a tool to guide South Bend and St. Joseph County into the future. It outlines the vision of the community, as expressed by its citizens, the goals, objectives, and policies that help steer the community to that vision, as well as the individual plans that make that vision a reality. The Comprehensive Plan is a policy document that sets the vision for the county for the next twenty (20) years. Councilmember White thanked everyone for working with the Zoning and Annexation Committee and for adding additional meetings for their benefit so they could have a full understanding of this very important document. Councilmember White reiterated that the Zoning and Annexation Committee sends this Resolution to the full Council with a favorable recommendation. M. 1 I REGULAR MEETING NOVEMBER 11, 2002 Mr. Robert Sante, Executive Director, Area Plan Commission of St. Joseph County, 1 lth Floor County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Sante asked the Council to adopt this Resolution which in turn adopts the Comprehensive Plan for South Bend and St. Joseph County. He stated that the Comprehensive Plan is comprehensive in nature in that it includes basically all of the physical planning features such as land use, transportation and community facilities. It is also comprehensive in that it includes all of the areas of jurisdiction that the Area Plan Commission serves which includes the City of South Bend, the unincorporated part of St. Joseph County, North Liberty, New Carlisle, Roseland, Osceola and Lakeville. The process for the plan is a very inclusive process, a four (4) year process, starting out with public forums to get input from the public in terms of what kinds of things they like about the area and what kinds of things they do not like as well as their vision for the future. Mr. Sante noted that they worked with developers and builders and various city and county agencies as well as with some of the bigger land use users such as the hospitals and the universities. This plan is a consensus plan. This is one of the few comprehensive plans in the state which includes a major City and the unincorporated portion of the County. It reflects the views of the suburbs versus the City and is very much a consensus plan. He noted that over the years they were able to bring everyone to the table and get that consensus and get a vision for the entire community rather than just portions of it. The plan is general in nature as comprehensive plans basically are and it identifies the problem that exists with the physical part of the community and identifies possible solutions. It does not go into the various social problems and solutions but deals basically with the physical community. The Comprehensive Plan provides the framework and a starting point for more detailed plans such as the current City Plan being worked on by the Department of Community and Economic Development. Once the plan is established, the next step is to move into tools to implement the plan and in this case that will include a new zoning ordinance for the City of South Bend. The new zoning ordinance will be formulated based on the principles of the Comprehensive Plan. Following that, there will also be a new subdivision ordinance or an ordinance update for both the City Council and the towns that they service. Mr. Sante informed the Council that Mr. Dave Wentzel, Vice - President, HNTB Incorporated of Indianapolis was also present this evening. Mr. Wentzel has been the consultant on this planning effort for the last four (4) years and walked the Council through how the plan was formulated and some of the basic principles that are included in the plan. Mr. Dave Wentzel, HNTB Corporation, informed the Council that the Comprehensive Plan is a broad -based document that establishes a vision. The Plan is the foundation for land use decision making. It is a guideline to try to bring a consensus. Similarly, it is not a solution for all issues but mostly deals with physical and economic issues. At this time, Mr. Wentzel made a twenty -six (26) minute power point presentation to the Council walking them through the process that was taken and some of the findings and recommendations in the Plan. A Public Hearing was held on the Resolution at this time. The following individual spoke in favor of the Resolution: Mr. Steve Cooreman, Cooreman Real Estate Group, 24545 Brick Road, South Bend, Indiana, thanked Mr. Wentzel for his presentation. He stated that there has been a need for this Comprehensive Plan for many years and being a developer in St. Joseph County he has a vested interest that the county is properly developed. He further stated that one of the issues that he has experienced as a developer in St. Joseph County is how infrastructures will be financed and how city water and sewer will be extended into those areas. He noted that he is not suggesting that all infrastructures should be paid for by municipal financing but the biggest challenge they face is how to get the city water and sewer out to a project. To run a mile of sewer, with lift station, can easily cost $1 million and significantly higher for municipal water. He advised that the homebuilding industry is one of the largest employers in St. Joseph County and smart growth is good but people don't necessary want to live on a really small lot. Mr. Cooreman noted that the Home Builders Association of St. Joseph Valley looks forward to working with the plan commission staff. -19- REGULAR MEETING NOVEMBER 11, 2002 The following person spoke in opposition to the Resolution. Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, informed the Council that she owns one hundred fifty (150) acres of land. She noted that at the last County Council meeting the twenty (20) acre rule was passed. She further noted that the South Bend Tribune never gave notice of the twenty (20) acre rule until after it was approved at the County Council meeting. In February of this year the Council Chambers was full of people who objected to the twenty (20) acre rule and it was put off until the future. Again the South Bend Tribune never notified the public of this meeting and no one spoke against this discussion in October when it was passed. No one knew it was happening. Ms. Kopala stated that there are only two (2) counties in Indiana that have the twenty (20) acre rule and that is because most people do not want their rights and their land taken away from them. She talked at length about notification concerning laws that are being enacted and stated that there are no radio programs or newspapers to inform the public about what is really taking place. There was no one else present wishing to speak in opposition to this Resolution. In rebuttal, Mr. Sante stated that at the meeting that was held in October when the County Council adopted the Comprehensive Plan there was a discussion of the twenty (20) acre rule. He noted that the twenty (20) acre rule has been in effect since 1979. The Comprehensive Plan proposes not to change the twenty (20) acre rule but to leave it in effect and therefore in effect no new legislation is being proposed regarding the twenty (20) acre rule. Mr. Sante further stated that in 1998 an eighteen (18) member committee made up primarily of farmers was established to study whether or not the twenty (20) acre rule was working as intended in order to preserve farm land. This was being done even before the Comprehensive Plan process began. They studied the twenty (20) acre rule for about one and one -half years (11/2) years and the consensus was that the twenty (20) acre rule was working as intended to preserve farmland and to prevent sprawl. It was recommended that it be left in and that it be revisited in another five (5) years to see whether or not it was still working at that point. There was convincing evidence that farmland was being preserved and sprawl was being avoided. He noted that far less farmland is being taken out of production than most people believe and they did have facts to show that only around fifteen per cent (15 %) to twenty per cent (20 %) of that land is actually be converted from farm land to something else with the vast majority either still being used as farmland or not being farmed. 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. BILLS - FIRST READING BILL NO. 89 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND AND HAVING A STREET ADDRESS OF 809 N. MICHIGAN STREET 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. 90 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 615 NORTH MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan -20- 1 1 REGULAR MEETING NOVEMBER 11, 2002 Commission. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 91 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 802 NORTH LAFAYETTE STREET IN THE 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 White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 92 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 1 -4 OF THE MUNICIPAL CODE OF SOUTH BEND COMMONLY REFERRED TO AS SIX (6) COUNCILMANIC DISTRICTS This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Rules Committee and set it for Public Hearing and Third Reading on November 25, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 93 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $83,900.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) This bill had first reading. Councilmember Varner made a motion to refer this bill to the Parks, Recreation, Cultural Arts and Entertainment Committee and set it for Public Hearing and Third Reading on November 25, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 94 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW CAPITAL FUND TO BE KNOWN AS THE SOUTH BEND REDEVELOPMENT DISTRICT SAMPLE /EW1NG ALLOCATION AREA CAPITAL FUND ( #427) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 25, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REQUEST TO WITHDRAW President Kelly advised that the petitioner has asked that the following bills be withdrawn from consideration. Therefore, Councilmember Coleman made a motion to strike these bills. -21- REGULAR MEETING NOVEMBER 11, 2002 Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 51 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND AND HAVING A STREET ADDRESS OF 809 N. MICHIGAN STREET BILL NO. 52 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 615 NORTH MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 53 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 802 NORTH LAFAYETTE STREET IN THE CITY OF SOUTH BEND, INDIANA NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR CONCERNS OF MR. JOHN SWANSON Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that he is a disabled veteran and that he attends the Council meetings to exercise his constitutional rights. Mr. Swanson further stated that he wanted the Council to know that they are doing a good job and to keep on doing what they are doing because he will be watching them if no one else is. COMMENTS BY MR. JIM CIERZNIAK CONCERNING COVELESKI STADIUM AND COLLEGE FOOTBALL HALL OF FAME Mr. Jim Cierzniak, 1156 East Victoria Street, South Bend, Indiana, submitted to the Council some history as it relates to what happened last summer when it was discovered that the ball club that plays at Coveleski was two hundred eighty six thousand dollars ($286,000) behind in lease payments. He noted that he just ran across an audit report for the year 1993 in which there were some surprising similarities to what was found out last summer. Mr. Cierzniak reviewed some of the figures and information contained in his handout and asked how good the supervision of this facility is in making sure that the City of South Bend gets all the money due to the Park Board. He noted that based on what happened last summer and from this report he would guess that the record has not been good. He suggested better scrutiny of Coveleski Stadium. Mr. Cierzniak noted that one of the problems has been that the City never got a year by year operating statement showing income and outgo for the facility. He noted that there is a budget but he does not believe that the City gets the kind of financial report that they receive for the Blackthorn Golf Course which is very clear and detailed. In regards to the College Football Hall of Fame, the City sees the same thing happening. The reports are becoming skimpier and skimpier. He noted that when the City was running the Hall of Fame, very detailed accounts were prepared of what was being spent. He further noted that in reviewing the nine (9) months report which was just received, he noticed that there was no line item for marketing so the City does not know what the NFF is spending for marketing which was the basis for the one per cent (1 %) hotel motel tax money that was supposed to be used for marketing. Mr. Cierzniak informed the Council that the City is -22- L i 1 REGULAR MEETING NOVEMBER 11, 2002 sending between four hundred thousand ($400,000.00) and five hundred thousand ($500,000.00) dollars a year to the NFF and it does not know if they are actually sending it for marketing or for what it is being spent. He noted that it seems to him that when it comes to accountability, supervision and guidance of some of these big projects in the City, the job is not getting done. COMMENTS BY COUNCILMEMBER COLEMAN REGARDING VETERAN'S DAY Councilmember Coleman noted that on this day that veterans are honored, he would like to take a moment to acknowledge and honor Council President Kelly, Councilmember King and Councilmember Kuspa who have served in the military. ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 8:55 p.m. ATTEST: oretta . Du ity Cl k -23- ATTEST: Roland Kelly, President 1 1 1