Loading...
HomeMy WebLinkAbout11-25-02 Council Meeting MinutesREGULAR MEETING NOVEMBER 25, 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 25, 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 Charlotte Pfeifer Roland Kelly Karl King David Varner Ervin Kuspa Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: None l" District 2nd District 3rd District President 41h District Chairperson, Committee of the Whole 51 District 6' District At -Large At -Large At -Large Vice - President 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 November 11, 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 that the minutes of the November 11, 2002 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3135 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA RECOGNIZING AND COMMENDING THE POP WARNER'S SUN DEVILS AS UNDEFEATED FOOTBALL CHAMPIONS WHEREAS, the Common Council of the City of South Bend, Indiana, notes that the Pop Warner League provides opportunities for over 150 nine and ten year old youths for a safe, family - oriented way to learn to play football, while emphasizing sportsmanship and scholarship; and WHEREAS, the Common Council is proud to honor the Pop Warner's Sun Devils who ended their 2002 football season with an 8 -0 undefeated record; and WHEREAS, the Sun Devils scored 202 points this season, while limiting their opposition to a total of 12 points, and defeated the Merrillville Pirates in the regional tournament by a score of 7to6;and -1- REGULAR MEETING NOVEMBER 25, 2002 WHEREAS, the Common Council of the City of South Bend, Indiana, would like to recognize all of the members of the undefeated Sun Devils team, namely: Donald Agnew Gehrig Dieter Noah Niedbalski Kyle Zappia Derek Agostino Nolan Dieter Jalen Pearson Derek Dieter, Coach Adrian Austin Thurman Dieter Pablo Pedraza Les Niedbalski, Coach Kameron Berry Ryan Garatoni Ryan Reidenbach Ray Vanett, Coach Cody Clippinger Shawn Jacks Hendrik Reydams Tony Zappia, Coach Taylor Conner Tylor Keen Terrance Snelling Bill Crothers Jeffrey Kramer John Vanett WHEREAS, the Common Council is further proud to recognize that twelve (12) of the players on the victorious Sun Devils football team are honor roll students. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. On behalf of all of the residents of the City of South Bend, Indiana, the Common Council is proud to honor and recognize all of the players and coaches of the Sun Devils football team for their undefeated 2002 season and for winning the Michiana Youth Football League Championship. Section II. The South Bend Common Council hereby recognizes all of the players, coaches, parents and friends who positively contributed their time and talents to the Pop Warner program in developing it into a positive, youth activity for other communities to emulate. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s/David Varner, Fifth District s /Charlotte Pfeifer, Second District s /Ervin Kuspa, Sixth District s /Roland Kelly, Third District s /Sean Coleman, At Large s /Karl King, Fourth District s /Al `Buddy" Kirsits, At Large s/Karen L. White, At Large s /Kathleen Cekanski - Farrand, Council Attorney ATTEST: s /Loretta J. Duda, City Clerk s /Stephen J. Luecke, Mayor Mr. Sean Coleman, Councilmember At- Large, 4319 Foxfire Drive, South Bend, Indiana, made the presentation for this Resolution. Councilmember Coleman read the Resolution in its entirety and presented a copy to all the members of the team and the coaches who were present. Head Coach Derek Dieter, 1135 Portage Avenue, South Bend, Indiana, thanked the Council and Councilmember Coleman for this Resolution. He advised that the Pop Warner League is unique in that it brings together kids from various schools throughout the community. He stated that they came together for one cause and they came together as a team. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion for the unanimous approval of this Resolution. Councilmember Kuspa seconded the motion which carried. -2- REGULAR MEETING NOVEMBER 25, 2002 Mr. Nolan Dieter, 1135 Portage Avenue, South Bend, Indiana, on behalf of the entire Sun Devil Team and Michiana Pop Warner Football, thanked the Council for this honor and Councilmember Coleman for his efforts to make this Resolution possible. Mr. Dieter stated that the team is very proud to be honored by the City of South Bend and they hope to be back here again next year. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Chairman King presiding. Councilmember King explained that this is the portion of the meeting in which the Council meets as a Committee of the Whole in order to hear presentations and public comments on bills that have been submitted for ordinance consideration. After the hearing on each bill, the Committee will vote on the disposition of the bill which typically is sent to the Council with either a favorable or an unfavorable recommendation. He noted that the Committee of the Whole operates in accord with the Council's rules of procedure and Roberts Rules of Orders with Council Attorney Kathleen Cekanski - Farrand serving as the Parliamentarian. The procedure for the Public Hearing on each bill consists of several steps as follows: 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Council committee and, if pertinent, the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is presented. 4. Comments are heard from any members of the public who wish to speak in favor of the bill and each such member is limited to five (5) minutes for his/ her presentation and must begin by stating his /her full name and residential address, not an office or business address but a residential address. 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 and each such member is limited to five (5) minutes for his/ her presentation. They should begin by stating his/ her full name and residential address. The total time for comments by members of the public speaking against the bill is limited to the total amount of time that was used by those speaking in favor or thirty (30) minutes, whichever is greater. 7. There is a five (5) minute rebuttal period for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. The Council portion of the hearing is last at which time members will discuss the bill and vote on its disposition. This is the procedure for the Committee of the Whole. It is also the same procedure that will be used later in the Council portion of the meeting when Resolutions are heard and the President is in the Chair. Councilmember King noted that there are two (2) items on the agenda this evening which will not be heard because they will be postponed in response to requests from the petitioners. Bill No. 72 -02 -3- REGULAR MEETING NOVEMBER 25, 2002 will be postponed to the December 9th meeting of the Council and Bill No. 88 -02 will be postponed until the January 13th meeting. Motions dealing with those postponements will follow. BILL NO. 72 -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, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; RONALD & BEVERLY MATTHYS LLC, AND INDIANA LIMITED LIABILITY COMPANY, 57500 BLOCK OF MAYFLOWER ROAD SOUTH BEND, INDIANA Councilmember King noted that the Council has received a request from the petitioner to postpone this bill until the December 9th meeting of the Council. Therefore, Councilmember Coleman made a motion to continue this bill until December 9, 2002. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) 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 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, 1805 Hickory Road, 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 `B" Residential, "A" Height and Area to allow a multi - family dwelling unit. The property currently contains a four (4) unit multi - family structure. Located to the north, south and west are single family homes zoned "A" Residential, "A" Height and Area, to the east is vacant land and single family homes zoned "A" Residential, "A" Height and Area. Access to the site is from Sherman Avenue and associated alleys north and east of the site. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is six thousand four hundred (6,400) square feet. Of that, the buildings will occupy thirty -four per cent (34 %) of the site, parking and drives will occupy thirty -four per cent (34 %) of the site and thirty -two per cent (32 %) 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 will require paving of the parking area as shown on the site plan. The Area Plan Commission, at its Public Hearing held on October 15, 2002, sent this petition to the Council with an unfavorable recommendation. Although the intent of this petition is to bring the existing use of the property into conformance with the zoning code, it would circumvent the intent of the neighborhood down zoning to "A" Residential which was approved in November of 1976 for a large portion of the Near Northwest neighborhood. The rezoning was initiated by the Common Council on behalf of homeowners of the near northwest neighborhood to restrict future development to single family uses in an effort to upgrade and maintain their neighborhood. Like most area -wide rezonings, some properties which were rezoned became legal non - conforming uses and were grandfathered with the intent that eventually the non - conforming use would be phased out. This particular property was zoned "A" Residential prior to the neighborhood rezoning and remains zoned "A" Residential today. It is the Commission's opinion that this property should remain zoned "A" in U 1 1 REGULAR MEETING NOVEMBER 25, 2002 Residential and when the existing multi- family use no longer exists, only those uses allowed in the "A" Residential zoning district will be allowed on the property. The Commission would also point out that there are several other duplexes and multi - family structures in the neighborhood which were downzoned in 1976 and for which rezoning to `B" Residential zoning could be sought if this petition is successful. Mr. Greg Stroupe, 10212 Shadow Wood Drive, Granger, Indiana, made the presentation for this bill. Mr. Stroupe advised that he owns the property at 1018 -1020 Sherman and has petitioned the City to change the zoning from single family to multi- family. He noted that he understands the reluctance to spot zone and the desire to increase home ownership in this neighborhood but asked that the Council consider the special circumstances of this request. The structure was built in 1920 as a multi - family house and is three thousand eight hundred (3,800) square feet. He further noted that it is unrealistic to think that this house will ever exist as a single family residence. Mr. Stroupe advised that he has owned the property for over three (3) years and has made numerous improvements. In December of 2001 a decision was made to sell the property. It was sold in March of 2002 to a financially qualified individual who began to secure financing. For five and one half months ( 5 1/2) months this person tried to get approval through numerous financial institutions but even though he was extremely qualified he was turned down by every lender he contacted. Mr. Stroupe informed the Council that the value of the property is partially derived from its income earning potential. The lenders have become much more conservative in the past year or so and because the property is zoned single family they require that they be provided with a letter from the City stating that if the structure burnt down it could be rebuilt as it exists today. The City will not provide this letter. Therefore, the only alternative was to rezone the property to multi - family which would match the current use of the property and its past use for the last eighty -two (82) years. Mr. Stroupe asked the Council to consider the circumstances of this unique situation as this property has always been a multi- family home. In response to questions from Councilmember Coleman, Mr. Stroupe stated that there are two furnaces in the house and that the property is actually split down the middle in that there are two (2) water heaters, (2) furnaces and two (2) electric services as well. He confirmed that currently the house is used as a quad. Additionally, Mr. Stroupe stated that there are two (2) front doors for the two downstairs apartments and for the upstairs there is a back entrance on the exterior of the building. Councilmember Coleman noted that the Area Plan Commission report stated that the building is two thousand one hundred ninety -one (2,191) square feet which will occupy is thirty - four per cent (34 %) of the site but Mr. Stroupe stated that the structure actually had three thousand eight hundred (3,800) square feet and he asked Mr. Stroupe why there is a discrepancy. Mr. Stroupe noted that the base is two thousand one hundred (2,100) square feet but the square footage that he is considering is for both the upstairs and downstairs. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of this bill: Mr. Douglas W. Way, 5237 North Falls Church Court, South Bend, Indiana, advised that he is an advocate for strong neighborhoods and for single family housing and is wholeheartedly in favor of the zoning that was put in place in the early 1970's. However, there are a half dozen homes that were intentionally built as multi - family housing and Mr. Stroupe owns one of those homes. To expect someone to remove walls that were permanently put there as original construction and to restore it to a single family home that it never was is ridiculous. He noted that as much as he believes in strong neighborhoods he also believes injustice. Mr. Stroupe is being put through a financial hardship by not being able to sell this property as it was built for its intended purpose. If he cannot sell his house, he is allowed two (2) options. One, he can sell the house on a land contract -5- REGULAR MEETING NOVEMBER 25, 2002 most probably to someone who cannot get commercial financing. Two, he can sue the City to overturn the law because the structure was originally built as a multi - family house. Mr. Way asked the Council to consider doing justice to this unique situation by voting the right way in good conscience to give Mr. Stroupe the zoning that he deserves as the house was originally built as a multifamily structure. Mr. Mike Wojtysiak, CPA, with offices at 112 West Jefferson Boulevard, South Bend, Indiana, informed the Council that back in 1976 when this ordinance was passed there was an exception of half a dozen homes that were built for multi - family use and this house falls within that category. He noted that this structure pays approximately one thousand three hundred ($1,300) to one thousand four hundred ($1,400) a year in property taxes with those taxes most likely going up twenty per cent (20 %) or more next Fall. He noted that this house is not the type of structure where walls could be removed to change it back to a single family home. From an economic standpoint, if a catastrophe happened at this structure the insurance company cannot allow Mr. Stroupe to build a structure greater than the value of what the neighborhood will hold which would be around seventy -five thousand ($75,000.00) for a single family home in that area. As a dwelling available for multi family use it is allowed to be appraised at a much higher value which does bring up the tax base. Mr. Wojtysiak stated that the rezoning done in 1976 was not put in place to harm a half dozen investors within that neighborhood. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill: Ms. Karen Ainsley, Executive Director, Near Northwest Neighborhood, Inc., 711 Forest Avenue, South Bend, Indiana, advised the Council that the NNN, Inc. was formed around 1974 and is dedicated to improving the neighborhood by developing housing, organizing residents and promoting the neighborhoods interest. On October 8, 2002, the Board passed a Resolution to oppose the request to convert this property from "A" to `B" residential. The organization has worked hard since its inception to get the majority of the neighborhood zoned "A" residential and increase home ownership. The organization feels it necessary to resist any spot zoning and any zoning exception would go against NNN's long term plans to stabilize and increase single family home ownership in the neighborhood. There was no one else present wishing to speak in opposition to this bill. Mr. Stroupe declined his opportunity for rebuttal. Councilmember Aranowski advised that for the last six (6) years he has worked with the Near Northwest Neighborhood Associations who have set some good policies and have made some head way with single family residences. He noted that their policy is to keep that kind of zoning and since he has worked with them for so long he is going to support their efforts and will not be in favor of this bill. Councilmember Coleman advised that he strongly supports efforts to rezone residential neighborhoods throughout the City and will continue to do so. However, there are certain exceptions that need to be made when structures that have a specific intent, as in this particular case, where a structure was built as multi - family and has maintained that use throughout its history. Councilmember Coleman stated that if this structure were considered for single family residence, it would undercut its initial and ongoing purpose. He noted that he believes that this request is an exception for Council consideration being handled through the process being followed this evening. It is the Council's decision tonight to determine whether or not this structure merits that exception. Councilmember Coleman stated that he believes that it does and he supports the passage of this bill. W 1 REGULAR MEETING NOVEMBER 25, 2002 Therefore, Councilmember Coleman made a motion to send this bill favorably to full Council. Councilmember Kuspa seconded the motion. Councilmember Pfeifer stated that she will not be voting in support of this bill. She noted that for years the City has made a commitment to stabilize neighborhoods and to make it such that single family owners can move in and have affordable housing. Not only has the NNN worked very hard at correcting the zoning in many neighborhoods, other neighborhood associations have as well. She further stated that she believes that it would be a bad situation to change this zoning. Should the structure have to be replaced due to a fire, then a single family house would have to be built and that would continue the work that the NNN and the Lincolnway and Portage Avenue Corridors have done. In conclusion, Councilmember Pfeifer advised that she will not be supporting the zoning change. Councilmember Kirsits commented that he is not for spot zoning and he appreciates the efforts that the neighborhood association has done. However, if the petitioner intends to recoup his investment and go to a land contract, that actually could be a far worse fate to the immediate neighborhood. The fact that this house has had continuous use as a rental property with apartments, it deserves this rezoning. He noted that there are several houses in his neighborhood in this same situation and they deserve the right to continue that way as long as they are maintained. Councilmember Varner noted that it appears that the house can continue to operate in its current status so long as nothing catastrophic occurs. On the other hand, it was built as a duplex to begin with and having existed as a duplex, that consideration should be given to the fact that this house was originally built as a duplex versus a building that has been converted from a single family house. He further noted that should the Council find itself inundated in the next six (6) months with requests from other building owners in the neighborhood, the Council can absolutely make a distinction between that which has been converted and that which has been constructed as a duplex. Councilmember King noted that there has been a motion and a second to send this bill to the full Council with a favorable recommendation. Because the voice vote could not be determined, Councilmember Coleman made a motion for a roll call vote. Councilmember Varner seconded the motion for a roll call vote which carried by a voice vote of nine (9) ayes. The motion passed by a roll call vote of five (5) ayes by Councilmembers Varner, Kuspa, Coleman, Kirsits and Kelly, with nay votes by Councilmembers Aranowski, Pfeifer, King and White. BILL NO. 92 -02 PUBLIC HEARING 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 Council President Kelly reported that the Council Rules Committee reviewed this bill this afternoon and sends it to the full Council with a favorable recommendation. Ms. Charlotte Pfeifer, Second District Councilmember, 1013 West Washington Street, South Bend, Indiana, made the presentation for this bill. Councilmember Pfeifer advised that every ten (10) years after the census, governmental units are required to consider redistricting. She further advised that at the end of 2001, she formed a committee which had broad depth and breath of representation from neighborhoods, Councilmembers and resource people. The committee met once a month on a Saturday to study various plans with the result being the redistricting bill submitted this evening. Four issues kept in mind were that they wanted to make sure that there was a balance of population among all of the -7- REGULAR MEETING NOVEMBER 25, 2002 districts, they wanted to be respectful of natural boundaries, they wanted to be respectful of neighborhood boundaries and take those into consideration and they wanted to make sure that the representation of Councilmembers was respected. After much work and some community forums they were able to develop the redistricting plan submitted today. Councilmember Pfeifer noted that the end result showed two (2) small changes to the second and fifth districts as indicated on the map submitted with the bill. Councilmember Pfeifer thanked everyone involved with this project for their hard work. 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 and congratulated all those who participated in this process. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 93 -02 PUBLIC HEARING 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) Councilmember Coleman reported that the Parks, Recreation, Cultural Arts and Entertainment Committee met this afternoon to consider this bill and sends it to the Council with a favorable recommendation. Mr. Dennis J. Andres, Executive Director, Morris Performing Arts Center, 211 North Michigan Street, South Bend, Indiana, residing at 1812 East Madison Street, South Bend, Indiana, made the presentation for this bill. Mr. Andres requested approval of this bill which appropriates monies from Fund #416 to cover expenses for seven (7) capital items and projects. These items are needed to support the efforts of the Morris Performing Arts Center and will directly improve the facility's operations and its value. Mr. Andres asked for the following: $38,500.00 To cover the expense of constructing an area at the rear of the facility with electrical service to properly enclose and operate two (2) six (6) yard compactor units. $17,000.00 To improve electronic security in the facility. Additional cameras and door sensors plus other improvements will be added to the facility. $16,700.00 To complete the awning /canopy work that was started over a year ago. This work will be completed before the grand opening of the Palais Royale this New Year's Eve. $6,000.00 For telephone system upgrades and computer cards for the system to upgrade the function and to help improve customer service. $2,500.00 For locksmith services to unify the keying system in the Morris with the new one in the Palais to give them added security and control of the Morris Complex. In k 1 1 REGULAR MEETING NOVEMBER 25, 2002 $2,350.00 For the cost to repair the gold leaf which is tarnishing in the grand lobby ceiling of the Morris. The ceiling area must be resealed to stop the tarnishing process and to protect the investment. $850.00 To cover the cost of the pallet truck to assist in the delivery of supplies on the Morris loading dock. Mr. Andres noted that the total request from Fund #416 is eighty three - thousand nine - hundred dollars ($83,900.00). In response to a question from Councilmember King, Mr. Andres advised that all of these funds come from the surcharge. There is a one dollar ($1.00) surcharge on all tickets sold in the theater and that one dollar ($1.00) is sequestered in Fund #416 for capital improvements or capital items within the Morris Performing Arts Center. He agreed that it is fair to say that this money comes from users of the theater. 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 nine (9) ayes. - BILL NO. 94 -02 PUBLIC HEARING 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 /EWING ALLOCATION AREA CAPITAL FUND ( #427) Councilmember King reported that the Community and Economic Development Committee held a Public Hearing on this bill and voted to send it to the Council with a favorable recommendation. Mr. Don Inks, Director, Division of Economic Development, residing at 2030 Hollywood Place, South Bend, Indiana, made the presentation for this bill. Mr. Inks advised that this bill will create anew fund to be known as the South Bend Redevelopment District Sample /Ewing Allocation Area Capital Fund #427 which is related to the TJX development project and the bonds that were issued to finance that project. The capital fund will receive the bond proceeds which will then be disbursed for the TJX development costs. 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 nine (9) ayes. BILL NO. 88 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, SECTION 17 -21 91 REGULAR MEETING NOVEMBER 25, 2002 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH NEW SEWER RATES BOTH INSIDE AND OUTSIDE THE CITY LIMITS Councilmember King noted that the Council has had a request from the Petitioner that the Public Hearing for this bill be postponed until the January 13, 2003 meeting of the Council. Councilmember Kirsits noted that several committee hearings have been held on this bill and the Petitioner indicated today that they are still negotiating with some of the users of the City's utility sewer service in hopes that they can come to an agreement. He further noted that the Petitioner will submit a substitute bill to the Council on January 13th. Councilmember Kirsits indicated that the Utilities Committee will hold a Public Hearing prior to the Council meeting on January 13th and will also conduct a meeting and Public Hearing a week before the Council meeting. Therefore, Councilmember Kirsits made a motion that this bill be postponed until the January 13, 2003 meeting of the Council. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. A ATTEST: Lorett . D a, Ci erk , Chaio %tittee of the 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 nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9374 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; SALAH & CYNTHIA HILAL, 52447 PORTAGE ROAD, 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 nine (9) ayes. ORDINANCE NO. 9375 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1018 -1020 NORTH SHERMAN STREET, IN THE CITY OF SOUTH BEND, INDIANA -10- 1 1 REGULAR MEETING NOVEMBER 25, 2002 This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried by a roll call vote of five (5) ayes by Councilmembers Varner, Kuspa, Coleman, Kirsits and Kelly with nay votes from Councilmembers King, White, Aranowski, Pfeifer. ORDINANCE NO. 9376 -02 AN ORDINANCE 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 third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9377 -02 AN ORDINANCE 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 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 nine (9) ayes. ORDINANCE NO. 9378 -02 AN ORDINANCE 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 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 nine (9) ayes. RESOLUTIONS BILL NO. 02 -83 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, RESIDENTIALLY DISTRESSED AREAS 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. Due to the absence of the Petitioner for this Resolution, Councilmember Coleman made a motion to continue this bill until the December 9, 2002 meeting of the Council. Councilmember King seconded the motion which carried. -11- REGULAR MEETING NOVEMBER 25, 2002 RESOLUTION NO. 3136 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DESIGNATING THE SOUTH SIDE DEVELOPMENT AREA AS BLIGHTED AND APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA THAT THE SOUTH SIDE DEVELOPMENT AREA DEVELOPMENT PLAN CONFORMS TO THE PLAN FOR DEVELOPMENT FOR THE CITY OF SOUTH BEND AND ADOPTING THE SOUTH SIDE DEVELOPMENT AREA DEVELOPMENT PLAN WHEREAS, pursuant to Ind. Code § 36- 7 -14 -1, et seq. ( "Act "), the South Bend Redevelopment Commission ( "Commission ") has conducted investigations, studies and surveys and has thoroughly studied the area described herein and on November 1, 2002, the Commission adopted Resolution No. 1914 designating the area described as follows to be known as the "South Side Development Area" ( "Area ") : A parcel land being a part of the Northeast Quarter of Section 26, and a part of Southeast Quarter of Section 23 and a part of the West half of Section 24, all in Township 37 North, Range 2 East, City of South Bend, Centre Township and Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the intersection of the South right -of -way line of Chippewa Avenue and the West right -of -way line of the now abandon Penn Central Railroad located in the Northeast Quarter of said Section 26; thence Northeasterly and Northerly along said West right -of -way line to the Southerly right -of -way line of Ewing Avenue; thence East along said South right -of -way line to the first North -South property line located East of Michigan Street; thence South along said first North - South property line to the North right -of -way line of Altgeld Street; thence East along said Altgeld Street, a distance of 5 feet to the West right -of -way line of the first alley East of Michigan Street projected North; thence South along said West right -of -way line and its projection to the South right -of -way line of Donmoyer Avenue; thence East along said South right -of -way line to the West right -of -way line of St. Joseph Street; thence South along said West right -of -way line to the North right -of -way line of Farneman Street; thence West along said North right -of- way line to the intersection with the West right -of -way line of the first alley located East of Michigan Street projected North; thence South along said West right -of- way line and its projection North to the North right -of -way line of Jennings Avenue; thence East along said North right -of -way line to the intersection with the West right -of -way line of the first alley located East of Michigan Street projected North; thence South along said West right -of -way line and its projection to the South right -of -way line of Chippewa Avenue; thence South along said West right - of -way line to the North right -of -way line of Barbie Street; thence East along said North right -of -way line to the West line of Lot 56 Zook's First Subdivision projected North; thence South along said West line of Lot 56 and its projection to the Southwest corner of said Lot 56; thence East along the South line of said Zook's First Subdivision to the East right -of -way line of Fellows Street; thence North along said east right -of -way line to the North line of Lot 75 in said Zook's First Subdivision; thence East along said North line to the East line of said Zook's First Subdivision; thence North and Northeasterly along said East line to the North line of the Erskine Golf Course parcel; thence East along the North line of said Erskine Golf Course to the West right -of -way line of Miami Street; thence South along said West right -of -way line to the South right -of -way line of Alpine Drive projected West; thence East along said South right -of -way line and its projection -12- 1 1 �J REGULAR MEETING NOVEMBER 25, 2002 to the East line of Lot A Broadmoor Section 3 Revised; thence Southeasterly to the Northeast corner of Lot 254; thence East and Northeasterly to the Northeast corner of Lot 247; thence Southeasterly to the Southwest corner of Lot 246 and being on the North right -of -way line of Ireland Road; thence East along said North right -of- way line thence East along the North right -of -way line of Ireland Road to the East line of Broadmoor Section 6; thence North along said East line to the South line of Lot 472 in said Broadmoor Section 6; thence East along said South line of Lot 472 and the South lines of Lots 10 and 9 in Ireland Woods, Section One; thence Northeasterly along the South lines of Lots 8, 7, A, B, and Lot 4; thence East along the South line of Lots 3, 2, 1 and Lot 71AA to the East line of said Lot 71AA; thence North along said East line of Lot 71AA, and Outlot B, 69, and Lot 68; thence West along the North line of said Lot 68, a distance of 181 feet; thence North 20 feet; thence West 35 feet; thence North along the East line of Lots 67, 52, and 51 to the South line of Meadow View Second Addition; thence East along said South line to the West line of a 1.187 acre parcel of land; thence Southeasterly along said West line to the North line of a 2.577 acre parcel of land; thence West along said North line to the West line of said 2.577 acre parcel; thence South along said West line to the South line of said 2.577 acre parcel; thence East along said South line to the West right -of -way line of Ironwood Road; thence South along said West right -of -way line to the North line of Ruby Plaza Minor Subdivision projected West; thence East along said North line and its projection to the East line of said Ruby Plaza Subdivision; thence South along said East line to the South right -of -way line of Ireland Road; thence West along said South right -of -way line to the East right -of -way line of Ironwood Road; thence South along said East right - of -way line to the North right -of -way line of the U.S. 20 Bypass; thence West along said North right -of -way line to the East line of Scottsdale Addition, Section C; thence North along said East line and the East line of Scottsdale Addition, Section B to the South right -of -way line of Ireland Road; thence West along said South right -of -way line to the West line of the Scottsdale Addition Section A; thence South along said West line and its projection South to the South right -of- way line of the U.S. 20 Bypass; thence West along said South right -of -way line to the West line of Scottsdale Addition Section D, a distance of 507.7 feet; thence West to the Southerly right -of -way line of the U.S. 20 Bypass; thence Southwesterly along said Southerly right -of -way line to the East right -of -way line of Miami Street; thence South along said East right -of -way line to the South right - of -way line of Jackson Road; thence West to the West right -of -way line of Miami Street; thence North along said West right -of -way line to the South right -of -way line of said U.S. 20 Bypass; thence West along said South right -of -way line to the West right -of -way line of Fellows Street projected South; thence Westerly, Southwesterly, and Southerly to the South right -of -way line of Jackson Road; thence West to the Westerly right -of -way line of said U. S. 20 Bypass; thence Northerly, Northwesterly, and Westerly along said South right -of -way line of the U. S. 20 Bypass to the Easterly right -of -way line of the now abandon Penn Central Railroad located in the South half of said Section 26; thence Northeasterly along said Easterly right -of -way line to the Southerly right -of -way line of Ireland Road; thence West along said South right -of -way line to the West right -of -way line of said abandon Penn Central Railroad; thence Northeasterly along said West right -of- way line to the place of beginning. WHEREAS, the Commission has determined that the Area is contiguous and compact; and WHEREAS, the Commission has caused to be prepared maps and plats of the Area which show the boundaries of the Area, the location of various parcels of property, streets, alleys, and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the Area, indicating the parcels of property to be excluded from acquisition and the parts of the -13- REGULAR MEETING NOVEMBER 25, 2002 Area to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes; and WHEREAS, upon such surveys, investigations, and studies being made, the Commission has found and determined in its Resolution No. 1914, that the Area is blighted to the extent that such blighted conditions cannot be corrected by regulatory processes or by the ordinary operations of private enterprise without resort to the provisions of the Act and that the public health and welfare would be benefitted by acquisition in and redevelopment of the Area under the provisions of the Act; and WHEREAS, the Commission has in its Resolution No. 1914 adopted the South Side Development Area Development Plan ( "Development Plan ") to serve as the plan for the redevelopment of the Area; and WHEREAS, the Common Council has received from the Commission certain proposed findings of fact as set forth in the Commission's Resolution No. 1914 which concern the location, physical condition of structures, land use, environmental influences and other economic conditions of the Area; and WHEREAS, in its Resolution No. 1914, the Commission also approved conditions under which relocation payments will be made within the Area and established an Allocation Area for purposes of tax incremental financing; and WHEREAS, in accordance with the Act, the Commission has submitted its Resolution No. 1914 together with the Development Plan and supporting data to the Area Plan Commission of St. Joseph County, Indiana ( "Plan Commission ") for approval; and WHEREAS, the Plan Commission by its Resolution No. 142 -02, adopted on November 19, 2002, approved, ratified and confirmed Commission Resolution No. 1914 and the Development Plan and further, the Plan Commission determined that Resolution No. 1914 and the Development Plan conform to the Master Plan of Development for the City of South Bend; and WHEREAS, the South Bend Common Council, as governing body of the City, is required by the Act to approve the order of the Plan Commission and is further required to adopt the Development Plan before the Commission may proceed with acquisition in the Area or otherwise implement the Development Plan; and WHEREAS, the Common Council is cognizant of the conditions that are imposed by Title VI of the Civil Rights Act of 1964, as amended and is further, cognizant of the views of the residents, taxpayers and merchants in the Area. NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council, as follows: Section 1. The order of the Area Plan Commission of St. Joseph County, Indiana as expressed in its Resolution No. 142 -02 dated November 19, 2002 that is attached hereto and incorporated herein as Exhibit "A ", is in all respects, approved. Section 2. The Common Council hereby finds and determines that, based upon the evidence presented consisting of maps and plats of the Area and the proposed findings of fact submitted to it, that the Area, which has been found by the Commission to be blighted, is blighted to an extent that cannot be corrected by regulatory processes or by the ordinary operation of private enterprise without resort to the provisions of the Act and that the public health and welfare will be benefitted by the acquisition and redevelopment of the Area. Section 3. The Common Council hereby finds and determines that the objectives of the Development Plan cannot be achieved without extensive rehabilitation of the Area consistent with -14- 1 1 I REGULAR MEETING the Development Plan. NOVEMBER 25, 2002 Section 4. The Common Council hereby finds that the Area is contiguous and compact. Section 5. The Common Council hereby recognizes the need for considering the views of the residents, taxpayers, and merchants in the Area in the redevelopment of the Area. Section 6. The Common Council hereby assures the United States of America full compliance with the provisions of Title VI of the Civil Rights Act of 1964, as amended. Section 7. The Common Council hereby finds and determines that South Bend Redevelopment Commission Resolution No. 1914 dated November 1, 2002 and the Development Plan are in all respects approved and adopted. Section 8. The Common Council hereby finds and determines that the Area Plan Commission of St. Joseph County, Indiana Resolution No. 142 -02 dated November 19, 2002 is in all respects approved. Section 9. The Common Council hereby directs the City Clerk to file certified copies hereof together with the minutes of this meeting. Section 10. 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, South Bend Common Council Councilmember King reported that the Community and Economic Development Committee held a Public Hearing on this Resolution and voted to send it to the full Council with a favorable recommendation. Mayor Stephen Luecke, 810 Leland Avenue, South Bend, Indiana, and Mr. Bill Schalliol, Department of Community and Economic Development, 215 Hackberry Drive, Mishawaka, Indiana, made the presentation for this Resolution. Mayor Luecke noted that the City is excited about the opportunity for further development on the south side that would involve some strong retail development hopefully on Ireland Road as well as further development of the Main and Michigan Street South Gateway to this community. He noted that they have worked very hard over the last number of years with the commercial corridor program to strengthen this area and it is believed that this is an appropriate next step with the declaration of a redevelopment area to provide the City with some tools that they can work with developers bringing private investment to the area. Mayor Luecke explained that the blighting designation is not meant to offend anyone but actually follows state law terminology. Mayor Luecke stated that Mr. Schalliol will detail the specifics that are used to determine blight but he would like to point out that there are some properties that have environmental issues that would need remediation as well as some vacancy rates in various properties within the designated areas that would qualify under the blighting designation. Mayor Luecke noted that they are enthusiastic about the opportunity that is coming to the area not only in the Ireland Corridor which they believe will be a strong commercial corridor but also South Michigan and South Main Street up to Ewing Avenue. They also believe that the private investment in this area will be good not only for the south side but for all of South Bend and this region. Mr. Schalliol informed the Council that this Resolution approves the order of the Area Plan Commission which approved a Resolution at its meeting on November 19th. It also approves the order of the Area Plan Commission of St. Joseph County which approved the South Bend -15- REGULAR MEETING NOVEMBER 25, 2002 Redevelopment Commission Resolution dated November 1, 2002. Additionally, it declares the area to be blighted pursuant to state law. He noted that there are eight characteristics in state laws that have to be proven to declare an area blighted. They include lack of development, cessation of growth, deterioration of improvements, character of occupancy, obsolescence, substandard buildings and other factors that impair value or prevent the normal use or development of the property. It is believed that many of those characteristics exist in the overall area. He noted that this is not related to a specific parcel but the general characteristics of the area in total. Mr. Schalliol advised that this bill also relates to a development plan for the area and a basic generalized set of goals and objectives for the development and redevelopment of the area. The bill also approves the conditions under which relocation payments will be made and establishes an allocation area for purposes of tax incremental financing. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this Resolution: Mr. Jim Frick, President, South Gateway Association, 61500 Ironwood, South Bend, Indiana, advised that the association is in favor of this redevelopment plan which they believe is going to be the final step to the stimulus that will get the Scottsdale Mall sold as well as other development projects that will be happening on Ireland Road. They believe tax incremental financing and sales tax incremental financing will be the stimulus that they have been waiting for the last five (5) years and hopefully new anchor stores will be named shortly. There was no one else present wishing to speak in favor of this Resolution and there was no one present wishing to speak in opposition to this bill. Councilmember Varner stated that this action is a step in the right direction. The use of redevelopment areas and TIF districts has been part and parcel to the development and redevelopment of downtown South Bend for a long time. He believes that people have come to the conclusion that the new developments are going to go to either where the infrastructure already exists in the form of the currently existing four (4) lane road such as Grape Road or cities are going to have to make an effort to provide that sort of infrastructure on a new, updated and upgraded basis if they hope to keep the ones they have. He stated that he believes this action may well be a very important piece of the puzzle which gets something done with Scottsdale Mall as well as some of the other developments that have been proposed. Therefore, Councilmember Varner made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion. Councilmember Kelly pointed out that Mr. Jim Frick was the motivating force that got the South Gateway Association really moving forward and getting so many good things done in the southern portion of the City. Councilmember Kelly congratulated Mr. Frick and stated that he believes that things are looking much better at this point. The motion passed by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 95 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -117 OF THE MUNICIPAL CODE OF SOUTH BEND COMMONLY REFERRED TO AS LEAVE OF ABSENCE FOR MILITARY TOUR OF DUTY -16- 1 1 1 REGULAR MEETING NOVEMBER 25, 2002 This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 9, 2002. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 96 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -121 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED CITY OFFICERS AND EMPLOYEES This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 9, 2002. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 97 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING FOR TECHNICAL PURPOSES CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGULATING ADULT BUSINESSES - . This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety and Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 9, 2002. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 98 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2002 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 9, 2002. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 99 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2002 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December -17- REGULAR MEETING NOVEMBER 25, 2002 9, 2002. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 100 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDEEM THE 1992 SOUTH BEND REDEVELOPMENT AUTHORITY TAXABLE LEASE /RENTAL, REVENUE BONDS (PALAIS ROYALE); TO APPROPRIATE $34,314.63 FROM FUND #328 FOR BOND REDEMPTION PURPOSES; TO TRANSFER $260,686.37 FROM FUND #328 TO FUND #420 (SOUTH BEND CENTRAL DEVELOPMENT AREA T.I.F.); AND TO CLOSE FUND #328 DUE TO FULFILLMENT OF THE FUND'S PURPOSE This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and the Parks, Recreation, Cultural Arts and Entertainment Committee and set it for Public Hearing and Third Reading on December 9, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of recommendations from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on November 19, 2002: BILL NO. 73 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 EAST COLFAX, SOUTH BEND, INDIANA BILL NO. 78 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 306 S. NOTRE DAME AND 910 E. WAYNE /916 E. WAYNE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on December 9, 2002. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS COMMENDATION TO REVEREND EDDIE MILLER Councilmember Pfeifer thanked and gave public recognition to Reverend Eddie Miller of the Faith Apostolic Church for the purchase of LaSalle Square. She noted that Reverend Miller will be moving his church services to the abandoned Kroger building and will allow the rest of LaSalle Square to be open to retail business thereby also stimulating economic growth on the west side of town. She commended and thanked Reverend Miller and all the people that help him. She noted that he is already an excellent neighborhood residing on Lincolnway West and she has no doubt that he will continue to be an excellent neighbor in LaSalle Square. M. 1 1 1 REGULAR MEETING NOVEMBER 25, 2002 HAPPY 81ST BIRTHDAY TO COUNCILMEMBER VARNER'S MOTHER Councilmember Varner advised that today is his mother's 81 st birthday. He made a motion to wish her a very Happy Birthday. Councilmember Kelly seconded the motion which carried unanimously. PRIVILEGE OF THE FLOOR COMMENTS BY MR. JIM CIERZNIAK REGARDING COLLEGE FOOTBALL HALL OF FAME Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, submitted to the Council a handout which outlined the Operating Revenue and Expenses from January 1st through September 30th for the College Football Hall of Fame. He reviewed the figures and noted the comparison between the time the City was running the Hall versus the National Football Foundation which shows that the NFF has not been able to perform any magic in making the financial reports any better. Mr. Cierzniak noted that this has to be one of the most dismal ventures that the City has undertaken. He outlined the figures of what the Hall was expected to generate versus its losses and noted that it is tax money that makes up the losses. Mr. Cierzniak informed the Council that he believes that something needs to be done and needs to be done quickly about the Hall of Fame. ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 8:10 p.m. ATTEST: Loretta . Duda, jy Cler -19- ATTEST: Roland Kelly, President