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HomeMy WebLinkAbout02-12-01 Council Meeting MinutesREGULAR MEETING FEBRUARYI2, 2001 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, February 12, 2001, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski 1st District Vice - President Charlotte Pfeifer 2nd District President Roland Kelly 3rd District Karl King 4th District David Varner Stn District Andrew Ujdak 6th District Chairperson, Committee of the Whole Sean Coleman At -Large Al "Buddy" Kirsits At -Large Absent: Karen L. White At -Large REPORT FROM THE SUB- COMMITTEE ON MINUTES Deputy City Clerk Janice Talboom advised the Council that the minutes of the January 22, 2001 meeting of the Council were not available at this time. SPECIAL BUSINESS EXCELLENCE IN SAFETY MANAGEMENT AWARD Mayor Steve Luecke informed the Council that the Gibson Insurance Group does an analysis of a number of organizations by looking at their safety record and practices and this year the City of South Bend is being awarded the safety award. Ms. Kate Incandela of the Gibson Insurance Group joined the Mayor and advised that the City of South Bend is being presented with the Excellence in Safety Management Award. She noted that South Bend was chosen out of a field of several hundred recipients as it had the fewest accidents or losses during the last seven (7) years. Mayor Luecke stated that he was proud of this award and wanted to give special recognition to Mr. Keegan Rauen, Safety and Risk Specialist, who is doing a remarkable job working with all of the City departments to make safety a part of their daily work habits. 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 Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Chairman Ujdak presiding. BILL NO. 10 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3016 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Ujdak noted that this bill has been continued in Committee. Therefore, Councilmember Coleman made a motion that this bill be continued until the February 26, 2001 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING FEBRUARYI2, 2001 BILL NO. 52 -00 PUBLIC HEARING ON A BILL RE- DESIGNATING AND RE- ESTABLISHING AN HISTORIC LANDMARK FOR REAL ESTATE AT 108 NORTH MAIN STREET, COMMONLY KNOWN AS THE JMS BUILDING, AND RESCINDING ORDINANCE NO. 8915 -98 Councilmember Uj dak reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with an unfavorable recommendation. Mr. John Oxian, 742 Sancome Street, South Bend, Indiana, President, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, .informed the Council that based on the information he heard at the committee meeting this afternoon, he agrees with the committee that this bill should be defeated. He noted that this building is a landmark and should the owner take action to destroy the building, the Historic Preservation Commission would come before the Council at that time to handle the situation. Therefore, Mr. Oxian asked that the bill be withdrawn at this time. Councilmember Coleman made a motion to strike the bill from consideration. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 132 -00 PUBLIC HEARING ON A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE A FEE SCHEDULE FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS Councilmember Coleman made a motion to consider the substitute version of this bill as on file with the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Coleman inquired if there were further amendments to this bill and Council Attorney Kathleen Cekanski - Farrand read the following language: Add to Section I.: A listing of such fees shall be kept on file in the Office of the Historic Preservation Commission and the City Clerk's Office. Such listing shall be kept current and shall be available for public inspection during reizular business hours of said offices. Councilmember Coleman made a motion to accept the amendment to the substitute version of this bill as read by Council Attorney Cekanski - Farrand. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Byorni noted that this is a Common Council initiated petition to amend Article 6.5 of Chapter 21 of the South Bend Municipal Code to provide a fee schedule for issuance of Certificates of Appropriateness. Mr. Byorni further noted that the Area Plan Commission, at its Public Hearing of January 16, 2001, sent this petition to the Council with a favorable recommendation. Mr. Byorni indicated that the amendment just accepted is not enough to require that this bill go back to the Area Plan Commission. 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 1 1 1 REGULAR MEETING FEBRUARYI2, 2001 bill, Councilmember Coleman made a motion to send this substitute bill, as amended, to full Council favorably. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 133 -00 PUBLIC HEARING ON A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS Councilmember Ujdak advised that a Health and Public Safety Committee was held this afternoon and has determined that this bill will be continued until the February 26, 2001 meeting of the Council. Councilmember Ujdak further advised that the Health and Public Safety Committee will conduct a meeting on Wednesday, February 21, 2001 at 3:00 p.m. in the Council meeting room concerning this matter. Therefore, Councilmember Coleman made a motion to continue this bill until February 26, 2001. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 1 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOOD PLAIN REGULATIONS IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS Councilmember Uj dak reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Byorni advised that this is an Area Plan Commission initiated petition to amend Chapter 21, Zoning, Article 12, Flood Plain Regulations, in order to adopt the most recent State and Federal requirements relative to flood plain regulations. Mr. Byorni noted that every six (6) or seven (7) years, regulations change and the state asks that the various ordinances be amended accordingly. This bill will put the City's ordinance in conformance with the most recent state and federal regulations. The Area Plan Commission, at its Public Hearing held on January 16, 2001, sent this bill to the Council with a favorable recommendation. 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 Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 7 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO UPDATE THE PROPERTY MAINTENANCE CODE Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. REGULAR MEETING FEBRUARYI2, 2001 Councilmember King made a motion to accept the second substitute of this bill for consideration. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Ms. Kathy Davis, Director, Department of Code Enforcement, 13'h Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Davis stated that this bill updates the existing property maintenance code that the Department of Code Enforcement uses to enforce substandard building codes around the City. It allows the Department to adopt the most current edition of the Property Maintenance Code that is available. She noted that it is also an International Code which is used throughout the United States and around the world. 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 that the second substitute version of this bill be sent to the full Council with a favorable recommendation. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 8 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2001 INCLUDING $4,552,560 FROM THE GENERAL FUND, $885,600 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $ 157,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $7,559,928 FROM THE COUNTY OPTION INCOME TAX FUND, $2,087,928 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $82,450 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL FUND, $40,400 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND, $668,000 FROM THE PARKS AND RECREATION FUND, $286,000 FROM THE PARKS NON - REVERTING CAPITAL FUND, $24,000 FROM THE PARK RECREATION NON - REVERTING FUND, $35,000 FROM THE ETHNIC FESTIVAL FUND, $8,000 FROM THE EAST RACE WATERWAY FUND, $40,000 FROM THE COVELESKI STADIUM CAPITAL FUND, $30,500 FROM THE CITY CEMETERY TRUST FUND, $2,483,000 FROM THE LOCAL ROADS AND STREETS FUND, $70,350 FROM THE PROJECT RELEAF FUND, $50,500 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $91,800 FROM THE SOLID WASTE DEPRECIATION FUND, $3,362,860 FROM THE WATER WORKS DEPRECIATION FUND, AND $5,875,504 FROM THE SEWAGE WORKS DEPRECIATION FUND Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Aranowski also congratulated City Controller Cathy Roemer on her award and for her office doing a fine job on the budget. Mayor Steve Luecke, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke stated that it was clear at the committee meeting this afternoon that the administration had done less than a full job of persuading the Council about the skate park that is proposed in the budget. He asked that the Council consider an amendment to the bill that would strike the skate park REGULAR MEETING FEBRUARYI2, 2001 from the budget at this time in order to give the administration an opportunity to meet with the Council and either sell them on the skate park or, if they are unable to do that, to enter into discussions on other ways that the two hundred fifty thousand dollars ($250,000.00) would be spent. Mayor Luecke asked that the Council continue the bill in the full appropriation so the dollars will not have to be reappropriated. He noted that the Council has the commitment of the administration to come back and have discussions in terms of deciding the best way to spend those dollars. Mayor Luecke noted that this budget is an integral part of their plan to build South Bend. They are continuing to improve the basic City services by investing in new equipment and facilities that will increase the City's productively and save in long term costs as well as increase the levels of service. They are building better neighborhoods, better local economy, building a more attractive community and building a healthier fiscal situation by using the pay as you go approach. He noted that they are proud of their approach to budgeting and one of the strengths of that is the decision to pay for most of the City's capital out of cash on hand rather than expected dollars that will come through savings during the year. Most of this budget is funded in that way. He further noted that for the first time in this budget, they are proposing to establish reserve funds in the COIT and EDIT funds with a ten per cent (10 %) reserve in each of those funds. Cash reserves remain a high priority for the administration. Mayor Luecke reviewed for the Council some of the items covered in this capital budget. In conclusion, he stated that this budget meets the needs of the citizens, invests in today and tomorrow and continues to build South Bend as a positive healthy new community for the 21" Century. Council Attorney Kathleen Cekanski - Farrand stated that under Fund #404 - County Option Income Tax Fund (COIT), in the 2001 Capital Budget - Detail Listing of Capital Expenditures, it would be appropriate to strike "skate park" and replace with "project to be specified later." Mayor Luecke indicated that that would be acceptable. 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 Ujdak made a motion to amend the bill as specified by Council Attorney Kathleen Cekanski-Farrand. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly made a motion that this bill be sent to the full Council with a favorable recommendation. Councilmember King seconded the motion. The motion 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 Kelly seconded the motion which carried by a voice vote of eight ?drew ATTEST: YCh oretta ud , City Clerk e rs on Committee of the ole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:30 p.m. Council President Charlotte Pfeifer presided with eight (8) members present. BILLS - THIRD READING REGULAR MEETING FEBRUARY 12.2001 ORDINANCE NO. 9193 -01 AN ORDINANCE AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE A FEE SCHEDULE FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS This bill had third reading. Councilmerrmber Coleman made a motion to consider the substitute version of this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass the amended substitute verison of this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9194 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOOD PLAIN REGULATIONS IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS 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 eight (8) ayes. ORDINANCE NO. 9195 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO UPDATE THE PROPERTY MAINTENANCE CODE This bill had third reading. Councilmember Coleman made a motion to consider the second substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass the second substitute bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9196 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2001 INCLUDING $4,552,560 FROM THE GENERAL FUND, $885,600 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $157,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $7,559,928 FROM THE COUNTY OPTION INCOME TAX FUND, $2,087,928 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $82,450 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL FUND, $40,400 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND, $668,000 FROM THE PARKS AND RECREATION FUND, $286,000 FROM THE PARKS NON - REVERTING CAPITAL FUND, $24,000 FROM THE PARK RECREATION NON - REVERTING FUND, $35,000 FROM THE ETHNIC FESTIVAL FUND, $8,000 FROM THE EAST RACE WATERWAY FUND, $40,000 FROM THE COVELESKI STADIUM CAPITAL FUND, $30,500 FROM THE CITY CEMETERY TRUST FUND, $2,483,000 FROM THE LOCAL ROADS AND STREETS FUND, $70,350 FROM THE PROJECT RELEAF REGULAR MEETING FEBRUARYI2, 2001 FUND, $50,500 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $91,800 FROM THE SOLID WASTE DEPRECIATION FUND, $3,362,860 FROM THE WATER WORKS DEPRECIATION FUND, AND $5,875,504 FROM THE SEWAGE WORKS DEPRECIATION FUND This bill had third reading. Councilmember Coleman made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS BILL NO. 01 -6 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES WHEREAS, the City of South Bend, Indiana, has recently annexed into the City a certain portion of Centre Township; and WHEREAS, the City of South Bend is currently in the process of laying water lines throughout the newly - annexed areas; and WHEREAS, while the laying of water lines and installation of hydrants in the newly - annexed area is expected to be complete no later than the summer of 2001, to ensure full fire protection services for the newly - annexed area until such time, the City desires to contract with Centre Township to provide said services for a short period of time. NOW, THEREFORE, and pursuant to the authority granted to the City of South Bend, Indiana, under I.C. 36 -1 -7, be it resolved by the Common Council of the City of South Bend as follows: Section 1. That the Common Council of the City of South Bend, Indiana, has considered and hereby approves and ratifies the Interlocal Agreement with Centre Township which is attached hereto as Exhibit "A ". Section 2. This Resolution shall be in full force and effect commending January 1, 2001. s /Charlotte Pfeifer Member, South Bend Common Council Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Thomas Bodnar, Deputy City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Bodnar stated that this Resolution addresses a temporary measure to handle a problem that will exist for a few months only until the hydrants are in place in the new annexation area. He noted that he understands that the Council may feel that the price may be somewhat excessive but he wanted their consideration of the long term prospects. This is a necessary cost of this annexation and the benefits will be felt for many years through tax dollars and through increased revenues . He also stated that there is nothing in the Agreement to prohibit the City from helping with any fire or other REGULAR MEETING FEBRUARYI2.2001 extrication that may occur in this area. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of this Resolution. The following individuals spoke in opposition to the Resolution: Mr. Leon Stein, President of Local Firefighters Union #362, 1122 South Main Street, South Bend, Indiana, residing at 52193 Woodridge Drive, South Bend, Indiana informed the Council that there are quite a few things that the Union does not agree with regarding this matter. He noted that the City is taking over this annexation area where they do not provide service twenty -four hours as they do elsewhere in the City. He further noted that Centre Township personnel are on duty from 7:00 a.m. until 4:00 p.m. and are otherwise on -call with a pager. Mr. Stein indicated that all the City needs to service this area is water service and not a full service. He advised that the Street Department has tankers that can be fitted to work with the fire trucks or a tanker could be rented or leased. He stated that he does not think they should be paying for services that the City can supply. Mr. Stein inquired what response there will be to the area once water has reached the area. He reminded the Council that earlier last year he gave a presentation on the GIS study of fire truck response to different areas of the City and for truck companies the City is lacking in response south of town. Mr. Stein stated that a question that has come up is when the City does respond to the new area for an ambulance, is it a County or a City ambulance handling the run. There was no one else wishing to address the Council in opposition to this bill. In rebuttal Mr. Bodnar stated that the ambulances are currently responding and they are City because the area is part of the City and it is therefore considered a City response. He stated that the issue before the Council is not what will happen four (4) or five (5) months from now but how the situation can be handled at the present time. Paramedic Krizmanich, stationed at Fire Station #13 on Ireland Road, addressed the Council in opposition to this bill. He stated that he is on a County ambulance and they are still responding to the annexed area. The City ambulance is not making that run. In response, Mr. Bodnar thanked Mr. Krizmanich for the correction and stated that they will work on that. Mr. James Brien, 315 Ostemo, South Bend, Indiana, asked if the Council realizes that Centre Township is and has been enrolled with a tanker supply setup with the County for years so that if they respond with their tanker they have mutual aid with the entire County with water coming not only from Centre but every department in the County. Mr. Brien stated that the issue is then that the City is going to pay for water on a mutual aid type agreement and yet to his knowledge the City has never charged for their aerial service when they respond for mutual aid into the County. As a point of clarification, President Pfeifer indicated that she would not have had Mr. Bodnar come forward for rebuttal as she asked if there was anyone else in opposition and no one immediately responded. Therefore, she asked that anyone else wishing to speak in opposition please come forward. Mr. Mike Damiano, stationed at Central Fire Station, 701 West Sample Street, South Bend, Indiana, and member of the Executive Board of Local 4362, 1122 South Main Street, South Bend, Indiana addressed the Council. Mr. Damiano stated that he called the fire dispatch center and gave them the address of 6210 U.S. 31 South which was recently annexed into the City and asked who would be sent to that location to handle a heart attack victim. He was told that the call comes into the 911 Center which is at 701 West Sample Street and then goes to the County dispatch center. It is rolled over because if the City does not respond, which they are currently contracting out with the County, then it goes from the City dispatch center to the county and they send County fire and EMS. Mr. Damiano noted that the citizens that have been recently annexed are not getting the best fire 1 1 REGULAR MEETING FEBRUARYI2, 2001 protection because the City has rigs which are closer, fully manned twenty -four (24) hours a day but the City is using a department that has two (2) personnel from 7:00 a.m. to 4:00 p.m., Monday through Friday, provided that both individuals are available. In rebuttal, Mr. Bodnar stated that he will talk to Chief Taylor about the possibility of dual responses. He stated that there is nothing in this agreement to prevent the City from supplementing a response during the interim. However, the City trucks do not have the capacity of a tanker for water. Mr. Bodnar sited some response times but asked that the Council focus on the issue of whether or not it is better to have this agreement in place during the next four (4) months. Councilmember King stated that Councilmembers are not firefighters and professional safety officers, except for Councilmember Kirsits, and it is difficult to listen to Mr. Bodnar on the one hand and two (2) professional firefighters on the other hand disagree so dramatically about what is apparently a straight forward proposition. He stated that he personally does not feel that the Council has been presented with adequate information to make a decision between those two (2) opinions and asked if there was some way more light could be shed on this matter and put the Council in a better position. Mr. King stated that it seems to him that the Council should be in the business of approving an agreement that comes to them well recommended by the people who will be living with it but in fact what they have is a difference of opinion from the administration and the firefighters. Councilmember Kelly asked if there was an alternative and what would happen if the Council did not adopt this Resolution at this meeting. Mr. Bodnar stated that the Resolution does not have to be adopted at this meeting but it needs to be approved some time during the time period of the Agreement. In light of Mr. Bodnar's response that it is not imperative that this Resolution be adopted at this meeting, Councilmember Kelly replied that some more study could be presented to the Council in order that they could make a reasoned decision. With approval not being necessary today, Councilmember Ujdak asked Mr. Bodnar if he could verify whether or not payments have been received by Centre Township per this Resolution. Mr. Bodnar stated that they received the first payment but not the February payment. In response to Councilmember Ujdak's inquiry of when the January payment was made, Mr. Bodnar replied that the Council will recall that this bill was on the agenda for a January meeting and it was made not on January 15"' but after that meeting. Councilmember Ujdak clarified that then it was made prior to the date of what would have been the Council consideration in January. Mr. Bodnar stated that he does not think so but does not know for sure. Councilmember Ujdak asked if that was legal given the fact that the Council has not yet adopted this Resolution. In response, Mr. Bodnar stated that they have performed the services and the obligation is there. Councilmember Varner indicated that if his understanding is correct, the reason this issue came about is because there is perceived to be a need and an ability to get water to the far south end of the annexation area. He noted that originally that was supposed to be place within the time of the completion of the annexation but was unable to be completed because the development partner was no longer involved in funding the process and therefore it has been delayed. He noted that the effective date of the annexation has taken place over a year ago and the concern remains that the City needs to provide or at least have the provisions available for this kind of service to the residents on the south side. With that in mind, the City entered into an Agreement to see that the service that was deemed to be necessary was there. Councilmember Varner stated that like Councilmember King's comments he agrees that the Council cannot sit here and have all the answers to the questions that have come about. This is somewhat of an emergency situation or of a needed situation and if the City has offered to provide services to these people the City should find a way to provide it. Councilmember Varner stated that if this is what the City needs to do then the City needs to do it. He stated that the Council should go ahead and get this done so the service is available. He asked what would happen if the February payment was not made and the services were not rendered. REGULAR MEETING FEBRUARYI2, 2001 Councilmember Coleman inquired if the City is in any danger of losing these services if the Council does not act on this Resolution this evening. Mr. Bodnar stated that there was no danger of that happening but another payment is due shortly. Councilmember Coleman stated that in order to respond to some of the questions and concerns that have been raised, the Council could make a decision on this or an alternative to this by the next council meeting and still keep within the month of February. He stated that he believes that would be a fair way to move forward on this without jeopardizing the payment and the obligation that the City has for services rendered by Centre Township. Councilmember Cekanski - Farrand stated that the proposal calls for a payment on the 15"' of the month and inquired if the City will pay on February 15'b and if so is it because of the doctrine of specific performance by the Centre Township rather than the Indiana Code that is sited in this agreement. Mr. Bodnar stated that was correct. He further stated that it does not require that the City Council act first. She inquired whether the Council was not the final authority on this matter and Mr. Bodnar responded that the two (2) legislative councils have to approve. Councilmember Colman made a motion to continue this Resolution until the Council meeting of February 26, 2001 and to send it to the Health and Public Safety Committee for further review. Councilmember King seconded the motion. Councilmember King stated that he seconded the motion because he is in favor of continuing this bill but he does not want to hear the exact same story he heard this afternoon and tonight on February 26th. He noted that Mr. Stein came to the Council in November and raised exactly the same points he did tonight with no new information being provided to the Council to address the points he made. Councilmember Cekanski - Farrand inquired of Mr. Bodnar if there was flexibility to have the Interlocal Agreement amended specifically in paragraph two in light of Mr. Stein's concern about twenty -four (24) hour service and asked if the Council could offer a friendly amendment and request that twenty -four (24) hour service be provided. It was agreed that this amendment could be discussed but does not have to be accepted at this time. President Pfeifer stated that she agrees that the Council should not be in a position to vote on a bill that has not been thoroughly researched and not have answers to the Council's questions and concerns. She stated that she appreciates Mr. Bodnar's providing additional information to the Council. The motion passed by a voice vote of seven (7) ayes and one (1) nay by Councilmember Varner. RESOLUTION NO. 2966-01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5570, 5575, 5580, 5585, 5614, 5626, 5627, 5637, 5644, 5657, 5668 GARDEN TERRACE; 915, 920, 926, 934, 942, 950, 955, 958, 965, 966, 974, 975, 985, 986, 1008, 1038 TEALWOOD LANE; AND 5582, 5572, 5573, 5583, 5612, 5622, 5625, 5635, 5642, 5645, 5655, AND 5675 PLACE DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN PLACE LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and 1 REGULAR MEETING FEBRUARY 12.2001 WHEREAS, a Declaratory Resolution designated the area commonly known as 5570, 5575, 5580, 5585, 5614, 5626, 5627, 5637, 5644, 5657, 5668 Garden Terrace; 915, 920, 926, 934, 942, 950, 955, 958, 965, 966, 974, 975, 985, 986, 1008, 1038, Tealwood Lane; and 5582, 5572, 5573, 5583, 5612, 5622, 5625, 5635, 5642, 5645, 5655, and 5675 Place Drive, South Bend, Indiana, and which is more particularly described as follows: Address Legal Description Key No. 5575 Garden Terrace Lot 1 Garden Place 01 -1018- 0383.10 5585 Garden Terrace Lot 2 Garden Place 01- 1018 - 0383.11 5627 Garden Terrace Lot 3 Garden Place 01- 1018 - 0383.12 5637 Garden Terrace Lot 4 Garden Place 01- 1018 - 0383.13 5657 Garden Terrace Lot 5 Garden Place 01 -1018- 0383.14 915 Tealwood Lane Lot 6 Garden Place 01- 1018 - 0383.15 5570 Garden Terrace Lot 7 Garden Place 01- 1018 - 0383.16 5580 Garden Terrace Lot 8 Garden Place 01 -1018- 0383.17 5614 Garden Terrace Lot 9 Garden Place 01- 1018- 0383.18 5626 Garden Terrace Lot 10 Garden Place 01- 1018 - 0383.19 5644 Garden Terrace Lot 11 Garden Place 01 -1018- 0383.20 5668 Garden Terrace Lot 12 Garden Place 01- 1018 - 0383.21 920 Tealwood Lane Lot 13 Garden Place 01 -1018- 0383.22 926 Tealwood Lane Lot 14 Garden Place 01- 1018 - 0383.23 934 Tealwood Lane Lot 15 Garden Place 01- 1018 - 0383.24 942 Tealwood Lane Lot 16 Garden Place 01 -1018- 0383.25 950 Tealwood Lane Lot 17 Garden Place 01- 1018 - 0383.26 958 Tealwood Lane Lot 18 Garden Place 01 -1018- 0383.27 966 Tealwood Lane Lot 19 Garden Place 01- 1018 - 0383.28 974 Tealwood Lane Lot 20 Garden Place 01- 1018 - 0383.29 986 Tealwood Lane Lot 21 Garden Place 01 -1018- 0383.30 1008 Tealwood Lane Lot 22 Garden Place 01- 1018 - 0383.31 1038 Tealwood Lane Lot 23 Garden Place 01 -1018- 0383.32 5675 Place Drive Lot 24 Garden Place 01- 1018 - 0383.33 5655 Place Drive Lot 25 Garden Place 01- 1018 - 0383.34 5645 Place Drive Lot 26 Garden Place 01- 1018 - 0383.35 5635 Place Drive Lot 27 Garden Place 01 -1018- 0383.36 5625 Place Drive Lot 28 Garden Place 01- 1018 - 0383.37 5583 Place Drive Lot 29 Garden Place 01 -1018- 0383.38 5573 Place Drive Lot 30 Garden Place 01- 1018 - 0383.39 5572 Place Drive Lot 31 Garden Place 01- 1018 - 0383.40 5582 Place Drive Lot 32 Garden Place 01 -1018- 0383.41 5612 Place Drive Lot 33 Garden Place 01- 1018 - 0383.42 5622 Place Drive Lot 34 Garden Place 01- 1018 - 0383.43 5642 Place Drive Lot 35 Garden Place 01 -1018- 0383.44 985 Tealwood Lane Lot 36 Garden Place 01- 1018 - 0383.45 975 Tealwood Lane Lot 37 Garden Place 01 -1018- 0383.46 965 Tealwood Lane Lot 38 Garden Place 01 -1018- 0383.47 955 Tealwood Lane Lot 39 Garden Place 01- 1018 - 0383.48 as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. REGULAR MEETING FEBRUARYI2, 2001 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax 1 1 —7 u REGULAR MEETING FEBRUARYI2, 2001 abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect after April 19, 2001 and after its adoption by the Common Council and approval by the Mayor; and effective upon the completion of the annexation of said real estate into the corporate limits of South Bend, Indiana. s /Charlotte Pfeifer Member of the Common Council Mr. Leroy Yoder, 17874 State Road 23, South Bend, Indiana, addressed the Council and advised that he has a Power of Attorney to speak on behalf of this Resolution. Mr. Yoder stated that this project consists of a villa community similar to the Southfield community that they just finished on Miami Road. He stated that he believes this abatement will help the prospect of purchasers buying the land at this location. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Uj dak advised for the record that he has a business relationship with Garden Place LLC but as determined by Council Attorney he does not have a conflict with consideration of this Resolution. Therefore, Councilmember Kelly made a motion to adopt this Resolution. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 2967 -01 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 5017 AND 5033 OAK PLACE; 303, 317, 322, 345, 359, 402, 407, 423, 457, 475, 503 AND 515 EVERGREEN PLACE; 4901, 4911, 4952, 4955, 5011, 5012, 5023, AND 5030 MAPLE LANE; 4953, 5015, 5033, AND 5036 PINE PLACE; 449, 454, 463, 466, 478, 482, 502, AND 505 BIRCH BEND DRIVE; 4903 AND 4915 PALM PLACE; 370, 404, 456, 468, AND 480 ANJYLLA; 4948, 4959, 5009, 5019, 5020, AND 5037 ANJYLLA EAST; 4948, 4959, 5009, 5019, 5020, AND 5037 ANJYLLA WEST; 4868, 4931, 4940, 5007, 5018, 5019, 5022, 5027, AND 5042 ELM STREET; 4926, 4936, 5005, 5010, 5021, 5022, 5038, AND 5041 WALNUT RUN AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MADCO RESIDENTIAL, LP 2 WHEREAS, a Statement ofBenefits and apetition for residential real property tax abatement REGULAR MEETING FEBRUARYI2, 2001 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 5017 and 5033 Oak Place; 303, 317, 322, 345, 359, 402, 407, 423, 457, 475, 503 and 515 Evergreen Place; 4901, 4911, 4952, 4955, 5011, 5012, 5023, and 5030 Maple Lane; 4953, 5015, 5033, and 5036 Pine Place; 449, 454, 463, 466, 478, 482, 502, and 505 Birch Bend Drive; 4903 and 4915 Palm Place; 370, 404, 456, 468, and 480 Anjylla; 4948, 4959, 5009, 5019, 5020, and 5037 Anjylla East; 4948, 4959, 5009, 5019, 5020, and 5037 Anjylla West; 4868, 4931, 4940, 5007, 5018, 5019, 5022, 5027, and 5042 Elm Street; 4926, 4936, 5005, 5010, 5021, 5022, 5038, and 5041 Walnut Run, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast 1/4 of the Southeast 1/4 of Section 5, Township 37 North, Range 2 East located in the City of South Bend, St. Joseph County, Indiana. and which has tax Key Number 18- 2222 -8279 and 18- 222 -8280, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et seq., 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 sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1,1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or 1 REGULAR MEETING FEBRUARYI2, 2001 E. A significant number of dwelling units within the area are: i. the subject to 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 ofbenefits 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. REGULAR MEETING FEBRUARYI2, 2001 SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly advised that the Community and Economic Development Committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Mr. Stan Foster, 6881 Fieldstone Drive, Burr Ridge, Illinois, made the presentation for this Resolution. Mr. Foster stated that this project consists of seventy (70) unit single family detached residential development using affordable housing tax credits. The units will be one thousand five hundred sixty -eight (1,568) square feet. There will be a homeowner association that will maintain the exterior and the development in the beginning with option to purchase at the end of the required holding period. The tenants will be eligible, and it will be suggested, that they purchase the units. 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 Kelly seconded the motion. Councilmember Varner stated that he wanted to make Mr. Foster aware that there already is a street in the City of South Bend named Angela. It is spelled differently but is pronounced Angela. He suggested that to discourage confusion he might want to consider a different name for Anjuylla. He stated that he believes the Council could adopt this Resolution in its present format and through the Board of Public Works he could find out about changing the name to eliminate confusion. Mr. Foster responded that that could be a possibility. The motion carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 9 -01 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 10 FOOT WIDE ALLEY LYING NORTH OF, AND ADJACENT TO LOT 1, THE 10 FOOT WIDE ALLEY LYING SOUTH OF, AND ADJACENT TO LOT 47, THE 12 FOOT WIDE ALLEY LYING NORTH OF, AND ADJACENT TO LOTS 5 AND 46 AND THE 12 FOOT WIDE ALLEY LYING EAST OF, AND ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE ALL WITHIN AND A PART OF HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on February 26, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING FEBRUARYI2, 2001 BILL NO. 10 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE RAILROAD BRIDGE LOCATED ACROSS THE ST. JOSEPH RIVER, ADJACENT TO THE ANGELA STREET BRIDGE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 12, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 11 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 10, SIGN REGULATIONS, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND LIMITING THE SIZE, SEPARATION DISTANCE, DISPLAY AREA AND HEIGHT OF OUTDOOR ADVERTISING SIGNS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 12 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3275 BLOCK OF ELWOOD AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to send this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried. Council Attorney Cekanski - Farrand advised that in light of the publication requirements for Bill Nos. 12 -01, 13 -01 and 15 -01, the Council needs to accept the substitute version of the bill that is on file with the City Clerk. Therefore, Councilmember Colman made a motion to consider the substitute version of Bill No. 12- 01. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 13 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; SCARBOROUGH DEVELOPMENT, C/O DOUGLAS HAMILTON, 20250 KERN ROAD, SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to consider the substitute version of this bill for publication purposes and also that it be sent to the Zoning and Annexation Committee for Public Hearing on April 9, 2001 and third reading on May 14,200 1. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING FEBRUARYI2, 2001 BILL NO. 14 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; BRICK ROAD L.L.C., MICHIGAN LIMITED LIABILITY CO., 23260 BRICK ROAD, SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission, to send it to the Zoning and Annexation Committee and to set it for Public Hearing on April 9, 2001 and Third Reading on May 14, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 15 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; JERRY & MARGUERY MACRI AND RICHARD & ANN LAFREE, 17,100 BLOCK OF DOUGLAS ROAD, SOUTH BEND, INDIANA This bill had first reading. Councilmember King made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Kelly made a motion that the substitute version of this bill be sent to the Zoning and Annexation Committee and be set for Public Hearing on Apri1.9, 2001 and Third Reading on May 14, 2001. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council. NEW BUSINESS There was no new business to come before the Council. PRIVILEGE OF THE FLOOR COMMENTS CONCERNING COLLEGE FOOTBALL HALL OF FAME Mr. Jim Cierzniak,1156 East Victoria, South Bend, Indiana, submitted to the Council a three (3) page handout concerning the College Football Hall of Fame. Mr. Cierzniak outlined all of the summary information contained in the document. Mr. Cierzniak stated that he would like to commend Liz Rowe who for many years has prepared the financial reports for the Hall of Fame. He noted that Liz is no longer doing that but her loyal service to preparing reports and making them available should be noted. In response to Mr. Cierzniak's question about financial statements being available after the National Football Foundation takes over the operation of the Hall, Councilmember Varner advised that in a conversation with the Mayor he was told that when the NFF takes over, which they have not yet, the City will still receive monthly financial statements. COMMENTS REGARDING THE PROPOSED AMENDMENT TO THE FIREARMS ORDINANCE Ms. Lois Clark, 6417 Cedar Trail, South Bend, Indiana, informed the Council that she wishes 1 1 REGULAR MEETING FEBRUARYI2, 2001 to speak about the bill that restricts Home Rule with the powers granted to local municipalities by the state law. Ms. Clark stated that she is concerned about the safety for children and adults in our community as it relates to gun control. Ms. Clark stated that it is unfortunate that there is not a state law that would restrict carrying firearms into hospitals, day care centers and schools and religious facilities. She stated that she believes the City needs to pursue ways to change this. The Center for Survey Research at Indiana University was commissioned by the Indiana Partnership To Prevent Firearm Violence to survey Hoosiers regarding gun control issues this past Fall. Of the one thousand nineteen (1,019) Hoosiers surveyed, seventy -three percent (73 %) support stricter handgun measures. It also showed that about one -half ( %2) of Indiana homes have firearms compared to a national average of about forty per cent (40 %). Of the Hoosier homes with guns, about thirty per cent (30 %) have handguns. This is about eight per cent (8 %) higher than the national average. Ms. Clark indicated that the Chicago Chapter of Physicians for Social Responsibility are asking their physicians and nurses to counsel their patients about guns as they would any deadly disease and she distributed one of their flyers. Ms. Clark stated that it is time to support the gun related measures on file in our General Assembly. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:30 p.m. ATTEST: PJ !Pa, CAy Clerk ATTEST: Charlotte Pfeifer, Preside