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Home My WebLink About10-09-00 Council Meeting MinutesREGULAR MEETING OCTOBER 9.2000 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, October 9, 2000, 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 Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: None 1St District Vice - President 2nd District President 3rd District 4th District 5th District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large 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 September 25, 2000 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the September 25, 2000 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 2933 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING MUESSEL ELEMENTARY TEACHER KURRAN STRUNK FOR BEING NAMED INDIANA'S 2001 TEACHER OF THE YEAR WHEREAS, the Common Council of the City of South Bend, Indiana, notes that the State of Indiana's Teacher of the Year program recognizes outstanding educators who represent more than 60,000 teachers in the state's 294 public school corporations and state - accredited nonpublic schools; and WHEREAS, the Common Council further recognizes that in May of 2000, Muessel Elementary school teacher, Kurran Strunk, was selected as the South Bend Community School Corporation's "Corporation Teacher of the Year "; and WHEREAS, on Monday, September 25, 2000, the Indiana State Superintendent of Public Education named Kurran Strunk as Indiana's 2001 Teacher of the Year, with this honor entitling her to represent the State of Indiana in the national competition in Washington, D.C. in the Spring of 2001; and REGULAR MEETING OCTOBER 9, 2000 WHEREAS, Kurran Strunk, a caring and dedicated teacher at Muessel Elementary School, brings honor not only to herself, but to Muessel Elementary School, the South Bend Community School Corporation, the entire City of South Bend and the State of Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana, hereby publicly commends and congratulates Muessel Elementary School Teacher Kurran Strunk for being named Indiana's Teacher of the Year. Section II. The Council notes with pride that Kurran Strunk is the fifth South Bend Community School Corporation teacher to be honored with this award since the program began many years ago. Section III. The Common Council wishes Kurran Strunk years of continued success as she dedicates her life to teaching in an inner -city school which is faced with many challenges; and where this special elementary teacher brings countless joys to her students and colleagues epitomized through her commitment to providing sound, quality, educational experiences with a positive and caring attitude which should be emulated by others. Section IV. 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 /Charlotte Pfeifer, Second District s /Roland Kelly, Third District s/Karl King, Fourth District s/David Varner, Fifth District ATTEST: s/Loretta J. Duda, City Clerk s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski - Farrand Council Attorney s /Stephen J. Luecke, Mayor Third District Councilmember Roland Kelly, 1325 East Wayne Street, South Bend, Indiana, made the presentation for this Resolution. Councilmember Kelly read the Resolution in its entirety, congratulated Ms. Strunk and presented her with a signed copy of the Resolution. A Public Hearing was held on the Resolution at this time. Dr. Joan Raymond, Superintendent, South Bend Community School Corporation, 635 South Main Street, South Bend, Indiana, thanked the Council for their support of teachers. She stated that the love and dedication of teachers in the classrooms make a difference. Ms. Rolanda Hughes, Near Northwest Neighborhood Association, no address given, informed the Council that Muessel School is in their neighborhood and she is proud and thankful for the honor Ms. Strunk brings to the profession. There was no one else present wishing to speak to the Council in favor of this Resolution and there was no one present wishing to speak against this Resolution. Councilmembers Aranowski, Coleman and Ujdak congratulated Ms. Strunk on this honor. Therefore, Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried by acclamation. REGULAR MEETING OCTOBER 9, 2000 Ms. Karen Strunk, no address given, thanked the Council for this commendation and stated that this honor is not only for herself but for South Bend and Muessel School. 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 Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Uj dak presiding. BILL NO. 47 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; SYLVIA R. HOUSER REVOCABLE TRUST Councilmember Coleman made a motion to continue this bill until November 13, 2000, at the request of the Petitioner. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 66 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 345 - 347 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to continue this bill until November 13, 2000, at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 67 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 530 NORTH LAFAYETTE BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA Councilmember King made a motion to continue this bill until October 23, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 69 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1904 & 1906 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA Councilmember White 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, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "O" Office to "C" Commercial, "A" Height and Area to allow retail use. Mr. Byorni noted that the property currently contains two (2) single family homes. Access to the site is from Ireland Road. The total site to be rezoned is 1.8 acres. Of that, the buildings will occupy fifteen per cent (15 %) of the site, the parking and drives will occupy fifty -six per cent (56 %) of the site and twenty -nine per cent (29 %) of the site will remain as open space. The site plan is preliminary. REGULAR MEETING OCTOBER 9.2000 Based on information available prior to the Area Plan Commission Public Hearing, the staff recommended that this petition be sent to the Council with an unfavorable recommendation. The "O" Office zoning on this property was established as a buffer between the commercial uses on the east and the single family neighborhood to the west. However, the Area Plan Commission, at their Public Hearing held on September 19, 2000, sent this bill to the Council with a favorable recommendation. Mr. Mike Danch, President, Danch, Harper & Associates, Inc., 3231 Sugar Maple Court, South Bend, Indiana, made the presentation for this rezoning. Mr. Danch informed the Council that he represents the owners, James and Kathryn Holland, 1906 East Ireland Road, South Bend, Indiana, and the Estate of Lillith Campbell, c/o Tommie Gene Campbell, 25129 Pin Oak Drive, South Bend, Indiana as well as the contingent purchaser, Goodwill Industries of Michiana. Mr. Danch stated that this bill rezones the property from "O" Office to "C" Commercial. The site is located on the south side of Ireland Road west of Ironwood. Goodwill Industries proposes to build a new one (1) story eleven thousand five hundred (11,500) square foot building. The two (2) existing homes that are on the property would be removed. The building would set toward the south portion of the site and a parking area containing approximately sixty -nine (69) parking spaces would be located toward the front portion. There will be one access off the northwest corner of the site out to Ireland Road. Mr. Danch noted that City water and sewer are available to this location and the building would be connected to those facilities. The drainage will be addressed at the final site plan stage and it will meet all City requirements. All drainage standards and any screening standards that are required by the City will be met. This site is between Frank's Nursery on the east and a commercial corridor along the north portion of Ireland Road. To the west is the dentist office of Dr. David Varner. It is believed that this particular location is a good spot for Goodwill. Therefore, Mr. Danch asked for the Council's favorable approval. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Varner noted that for the record he is the owner of the property to the west of this proposed site and it was his understanding that there was only one (1) remonstrator at the Area Plan Commission Public Hearing. He further noted that he has spoken to the purchaser and they are in agreement and he will be in support of this rezoning. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 77 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 229 SOUTH WILLIAM, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to continue this bill until November 13, 2000, at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 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 REGULAR MEETING OCTOBER 9, 2000 Councilmember White made a motion to continue this bill until December 11, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 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 King made a motion to continue this bill until December 11, 2000, at the request of the Petitioner. Councilinetaber Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 83 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST/WEST ALLEY NORTH OF DUNHAM STREET FROM THE WEST R/W LINE OF WALNUT STREET TO THE EAST R/W LINE OF HARRIS STREET FOR A DISTANCE OF 148.5 FEET AND A WIDTH OF 12 FEET. PART OF ARNOLD'S SUBDIVISION OF BANK OUT LOT 100 -101 IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Vivian Lee Borysiak, 739 South Walnut Street, South Bend, Indiana, made the presentation for this bill. Ms. Borysiak informed the Council that an interest has been expressed by her neighbors to have the alley vacated for the reasons of excessive speeding and careless driving. There is also concern for the safety of the children in the neighborhood and the well being of the citizens. Also, due to the offensive use of the alleys, litter, dirt and dust collects into their homes and garages. For this reason they would like and recommend that the alley be vacated. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Council Attorney Kathleen Cekanski - Farrand noted that for the record she would like to file the original of the agreements that the petitioner has reached with the surrounding property owners. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Counncilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 63 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 2, DIVISION 7, "C" COMMERCIAL DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ADD ZONING DISTRICTS TO THE LOCATIONAL REQUIREMENTS OF ADULT USES COUNTY, INDIANA 1 1 REGULAR MEETING OCTOBER 9.2000 Councilmember White 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, advised that this bill was initiated by the Area Plan Commission to add zoning districts to the location requirements of adult uses in the City zoning ordinance. The Area Plan Commission at its Public Hearing held on September 19, 2000, sent this petition to the Council with a favorable recommendation. He noted that this ordinance adds in the City's zoning code the "IP" Industrial Park district to those districts where adult uses have to be at least five hundred (500) feet away from the district. The City already has residential districts, office districts, business park and professional health care districts in this section of the ordinance. The bill also adds the County zoning districts "A" Agricultural districts, "O "office district, "O/B" Office/Business and `B" Business. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 71 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 3, NONCONFORMING USES, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND ADDING REGULATIONS TO ALLOW FOR RECONSTRUCTION OF NON - CONFORMING SINGLE - FAMILY HOMES Councilmember Aranowski made motion to hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White 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, advised that this bill was initiated by the Common Council to update the standards regulating the reconstruction of nonconforming single - family homes when destroyed by fire or other casualty or act of God. Mr. Byorni noted that based on information available prior to the Area Plan Commission Public Hearing, the staff recommended that this petition be sent to the Council with a favorable recommendation. The petition is similar to the County ordinance for the reconstruction of non- conforming single - family homes when destroyed by fire or other casualty or act of God. Although it is not normally a good idea to allow the reconstruction of non - conforming uses, in the City of South Bend there are many single family areas that are still improperly zoned commercial or industrial. Many of these areas have been rezoned, but there are still many areas that need to be rezoned. This ordinance will provide protection for these single family homes until they can be properly rezoned. Additionally, the Area Plan Commission, at its Public Hearing held on September 19, 2000, sends this bill to the Council with a favorable recommendation. Mr. Byorni noted that this ordinance is similar to the County ordinance and he feels that it is necessary and would eliminate the need for individuals to have to rezone in order to sell or secure mortgages. 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 REGULAR MEETING OCTOBER 9.2000 bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 76-00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 2001 Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. City Clerk Loretta J. Duda, Room 455, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Duda informed the Council that pursuant to Indiana Code 36 -4 -7 -2 the City's legislative body is required to fix the annual compensation of all elected officers. Such compensation may not be changed in the year for which it is fixed nor may it be reduced below the amount fixed for the previous year. This bill establishes the annual compensation for the Mayor and City Clerk for calendar year 2001. Compensation for the Mayor shall be seventy -seven thousand seven hundred fifty -two ($77,752.00) dollars and compensation for the City Clerk shall be forty -two thousand one hundred nineteen ($42,119.00) dollars. Ms. Duda asked for the Council's favorable recommendation and noted that the Mayor and the City Clerk have pledged never to accept more than what regular City employees receive in pay increases. 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 Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 86 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $508,000 FROM THE SELF - INSURANCE FUND (FUND NO. 226) Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Broden, City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Broden indicated that this bill transfers hinds from the self insurance fund in order to pay two (2) settlements that the City has recently concluded. One is regarding the gun show case involving the Century Center Board of Managers and the other is the death of a City employee. With the passage of this bill the City would anticipate bringing those suits to closure. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING OCTOBER 9.2000 RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: orett J. Du ,City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:35 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9143 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1904 & 1906 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA 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. 9144 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST /WEST ALLEY NORTH OF DUNHAM STREET FROM THE WEST R/W LINE OF WALNUT STREET TO THE EAST R/W LINE OF HARRIS STREET FOR A DISTANCE OF 148.5 FEET AND A WIDTH OF 12 FEET. PART OF ARNOLD'S SUBDIVISION OF BANK OUT LOT 100 -101 IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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. 9145 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 2, DIVISION 7, "C" COMMERCIAL DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ADD ZONING DISTRICTS TO THE LOCATIONAL REQUIREMENTS OF ADULT USES This bill had third reading. Councilmember Kelly 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. REGULAR MEETING OCTOBER 9, 2000 ORDINANCE NO. 9146 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 3, NONCONFORMING USES, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND ADDING REGULATIONS TO ALLOW FOR RECONSTRUCTION OF NON - CONFORMING SINGLE - FAMILY HOMES This bill had third reading. Councilmeinber Coleman made a motion to consider the substitute version of this bill. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Couricilmember Coleman made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9147 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 2001 This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9148 =00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $508,000 FROM THE SELF- INSURANCE FUND (FUND NO. 226) This bill had third reading. Councilineinber White 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. RESOLUTIONS RESOLUTION NO. 2934-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 615 NORTH MICHIGAN STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4- 918.6, required the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: REGULAR MEETING OCTOBER 9, 2000 Section I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at 615 North Michigan Street, South Bend, Indiana 46601 in order to permit the construction and operation of an airport consisting of a helipad on the 6"' floor of the Parking Garage located at the Northwest corner of Lafayette Boulevard and Navarre Street. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition for Special Exception, filed with the Board ofZoning Appeals of the City of South Bend, Indiana, a copy of which is on file in the Office of the City Clerk of the City of South Bend. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to and will not adversely affect the public health, safety, morals, and general welfare of the community. 2. The use and value of the neighborhood and the area adjacent to the property included in the Special Exception will not be affected in a substantially adverse or detrimental manner; 3. The need for the Special Exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this Special Exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the following conditions: (a) The helipad may be used only for the transportation of severely ill patients and required support staff. (b) The use of the helipad is subject to all applicable field operation guidelines established by the South Bend Emergency Medical Services Committee. (c) The helipad may be used only in accordance with applicable EMS Rules and Regulations established by Indiana law. (d) Use of the helipad is subject to all applicable FAA Rules and Regulations. Section V. 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 Coleman disclosed for the record that he does have a business relationship with the petitioner. He stated that he has consulted with the Council Attorney as well as the City's legal staff and has received the opinion that he does not have a conflict of interest and he therefore expects to participate in the discussion and vote on this issue. Councilmember Coleman made a motion to consider the substitute version of this Resolution. REGULAR MEETING OCTOBER 9, 2000 Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White 'reported that the Zoning & Annexation Committee met on this bill and sends it to the Council without recommendation. Mr. Donald F. Fozo, Building Commissioner, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, informed the Council that the Board of Zoning Appeals heard this petition at their September 21, 2000 and September 26, 2000 meetings and sends it to the Council with a favorable recommendation with the condition that the helicopter be used only for medical purposes. President Pfeifer asked Council Attorney Kathleen Cekanski- Farrand to give the report from the Area Plan Commission. Attorney Farrand stated that pursuant to Section 21 -112 of the South Bend Municipal Code in regards to exceptions in all districts, the Area Plan staff is required to review the plan under the exception. For the record, the Area Plan Commission staff received the documentation on September 6, 2000 and reviewed it on September 11, 2000. This information is on file with the City Clerk. Also, for the record, the City of South Bend has received a letter dated October 3, 2000, from the President of the University of Notre Dame which City Clerk Loretta Duda read into the record as follows: Office of the President Karl King 1515 E. Washington South Bend, Indiana 46617 Dear Karl: Phone 219/631 -6755 Fax 219/631 -7428 UNIVERSITY OF NOTRE DAME NOTRE DAME, INDIANA 46556 -5602 October 3, 2000 I have followed with interest discussions surrounding the possibility that air ambulance service might be provided for this community and beyond by Memorial Hospital of South Bend. After looking into this issue, I am convinced that this service will offer lifesaving possibilities for the people who live in or travel through our region. This is an important enhancement for the already high quality of medical care available in this community which, through this service, will be available to so many others as well. The inauguration of this service, in conjunction with Trauma II medical facilities which will be available at Memorial Hospital, will enable persons in Northern Indiana and Southern Michigan, who are involved in serious accidents or are victims of illnesses not easily treated in their local health facilities, to be transported as quickly as possible in ways that may well be lifesaving for them. I understand and appreciate the efforts Memorial Hospital of South Bend has expended to assemble the resources needed to offer this advanced care, and I applaud their decision to provide additional resources to make air ambulance service available. REGULAR MEETING OCTOBER 9, 2000 Thank you for your service to our community and for the consideration you may give to this critically important issue for so many people. Cordially, s /(Rev.) Edward A. Malloy, C.S.C. President Mr. Bruce Bancroft, Attorney at Law, Barnes & Thornburg, 6001St Source Bank Center, 100 North Michigan, South Bend, Indiana, representing Memorial Hospital of South Bend, made the presentation for this Resolution. Mr. Bancroft stated that the hospital is requesting a special exception to permit the construction of a helistop on the sixth floor of the Lafayette Parking Garage on Lafayette Street. He stated that should anyone misspeak and call this facility a heliport instead of a helistop, the difference is that a helistop is a facility which permits only the landing and unloading of helicopters and then the helicopter goes back to another place for storage and that is what the hospital is proposing. The aircraft would land on the helistop, unload or load, and then take off and would not be serviced there or housed there and would not stay on the helistop any longer than necessary. Mr. Bancroft presented letters and petitions which contain the signatures of over one thousand (1,000) citizens who support this special exception along with an article that was recently published in the Air Medical Journal as well as a copy of the approval of the helistop by the FAA. Mr. Bancroft asked that the Council grant this Special Exception permitting the hospital to build an helistop on the north end of the sixth floor of the parking garage at Lafayette and Navarre Street. The hospital will build two (2) additional floors on the existing parking structure which would contain one hundred fifty (150) new parking spaces. He stated that as shown on the site plan provided to the Council, that the helistop would be located on the northwest corner of the sixth floor. It will be fifty -two feet (52') above grade and approximately one hundred ten (110) feet from the closest house which is across the street on Lafayette. Mr. Bancroft informed the Council that the petition they are considering has some additional conditions which the hospital is willing to accept if the Council approves this special exception. These conditions are that the helipad may be used only for the transportation of severely ill patients and required support staff and subject to the operation guidelines of the South Bend Emergency Medial Services Committee. Also, that it may be used only in accordance with applicable EMS rules and regulations and that it will be subject to all FAA rules and regulations. They are also willing to add another condition which was suggested by Council Attorney Kathleen Cekanski- Farrand and that is that the hospital comply with the guidelines of the Fly Neighborly Program. Mr. Bancroft stated that on August 11, 2000, after four (4) months of study which was preceded by a two (2) year study by the hospital and approval by all Boards of the hospital, the FAA approved this helistop. He submitted the letter to the Council by which approval was granted. The helistop was approved for safety and the flight paths were approved by the FAA and declared to be safe and proper for use. The State of Indiana accepts the FAA determination on the safety of airports and flight paths and therefore this is automatically approved by the State of Indiana. The helicopter to be used in this service must meet strict FAA guidelines. He noted that time is an extremely important consideration in healthcare particularly in heath care that involves trauma or that involves people with severe illnesses when the time getting to the hospital is important. Surface ambulances simply are not adequate. The hospital has located on its campus a site for this helistop after a great deal of study and this is the only viable site for this helistop. He noted that the South Bend Tribune article in today's newspaper was incomplete and misleading in its treatment of the report that was written by BSA architects in 1999 concerning the helistop. This article was written before the hospital learned that the South Bend Medical Foundation was going to add five (5) floors to its building. This caused the hospital to change the planned site of the helistop from the center of the garage to the north end of the garage and that was not contemplated by Mr. Lee Ambers when he wrote the report. Secondly, the primary conclusion in the report written by Mr. Ambers was that in the event that there are structural limitations with the Centennial Medical Square building, which REGULAR MEETING OCTOBER 9, 2000 there are, that it is recommended that a temporary heliport be established on top on the Lafayette Street Parking structure with a bridge adequate to support personnel with a gurney. The use of the word temporary meant that if the hospital should in the future decide to add additional floors to the south pavilion where the new emergency room is located than'that would be a preferable site. This is years off and is not on the drawing boards at the hospital. Mr. Ambers in conclusion supported the site which is being presented this evening. Mr. Bancroft indicated that on page twelve (12) of the report Mr. Ambers stated that the Lafayette parking structure has the ability to add two (2) additional levels and has been designed accordingly. This is an extremely viable option as there is no need to introduce another elevator system into Memorial Hospital and it also provides aminimum delay for patient transfer. The consultant actually supports the location for the helistop which is being presented this evening. Mr. Bancroft indicated that the helicopter is expected to land and take off only once a day. This helistop will have very little impact on the neighborhood but will have a very big impact on the community in saving lives. Mr. Bancroft urged the Council not to delay this matter but to make a decision this evening and to decide in favor of this special exception so that the helipad can be built in the place indicated on the site plan. He stated that there are no other sites on the hospital campus for this helistop and to delay this decision in the hopes that the hospital would choose another site is fruitless because it will not happen. They have spent two (2) years studying it, spent one hundred thousand dollars ($100,000.00) for consultants and this is the best place. The Council's approval means that South Bend will have state of the art life saving services which it does not presently have and this air ambulance service will be available for everyone regardless of financial need or insurance. Mr. Bancroft stated that if the Council does not approve this Resolution this evening then it will not happen because they do not have another location for this helistop. He therefore asked for the Council's approval this evening. Mr. Phil Newbold, 11 �9 Aline Court, South Bend, Indiana, President and CEO of Memorial Hospital and Health System, informed the Council that this proposal is about saviiglives. Air transportation services will result in approximately one (1) flight day which will take approximately seven (7) minutes for the pilot to come in, land, discharge the patient or pick up a patient. Seven (7) minutes a day there will be noise in the neighborhood but for that they will save hundreds of lives. He noted that Memorial Hospital has been a good neighbor and corporate citizen of this community and has been serving people for the last one hundred seven (107) years. Mr. Newbold outlined the structure of the hospital and how this matter went thr'ough'the various committees and boards. He noted that this community is behind other communities in terms of air transport services. He stated that Memorial Hospital would never come to the Council with a proposal that would harm people, injure the neighborhood or do something less than professional. Mr. Newbold asked the Council to let the hospital do its job and reiterated Mr. Bancroft's statement that this is the only location that works and the location that saves lives. He noted that this is something that will improve the quality of life in our community. Mr. Hollis Hughes, 6226 Miami Road, South Bend, Indiana, stated that he is a trustee at Memorial Hospital and is present to assure the Council that as local people understanding local concerns that the hospital has done due diligence by taking a look at all of the options, and giving strong consideration to the interest of the neighborhood. He stated that they have looked at the safety of the effort and the soundness of the plan. Memorial Hospital is a good neighbor and has a history of being a good neighbor. There will be one (1) flight a day lasting seven (7) minutes. When you think about the life saving aspects of this proposal, it is a small inconvenience, a positive kind of trade off to make for living in a community and supporting our neighbors. This is a necessary service and he asked that the Council please give their positive support to this recommendation. Mr. Dan Neufelder, Executive Vice - President and Chief Operating Officer, Memorial Hospital, 615 North Michigan Street, South Bend, Indiana, set up visual displays and informed the Council that air medical services have been used around the world but the City of South Bend does not have an air medical helicopter service. The hospital has studied this issue for eighteen (18) months and has secured FAA approval as well as a favorable recommendation from the Board of Zoning Appeals. Mr. Neufelder advised that whenever there is a traumatic accident or injury in the community an emergency medical service responder or policeman will respond to that site. If when they arrive at the site they believe this situation could be best handled by air they will call into the emergency 1 1 REGULAR MEETING OCTOBER 9, 2000 physician at Memorial Hospital. After consultation, a call will go to the pilot of the helicopter service. That pilot does not know the situation of the patient. He makes a decision to fly strictly upon the conditions that exist thinking first of the safety of his staff. Once the decision is made, within five (5) to seven (7) minutes that flight is off the ground and is responding. Once a patient has been picked up they will be flown back to Memorial. The helipad itself will be located at the northwest corner of the Lafayette parking garage. This project requires that they put an addition on the parking garage and that they build the helistop on top of that garage. The helicopter will land, the patient will be taken by stretcher immediately to the elevator bank and directly down into the emergency trauma center. Every moment is critical and they believe this is the absolute best way for patients to be taken into emergency services. Not only is it the best alternative but it is the only viable alternative. He stated that the hospital is aware that noise is an issue. He noted that they have committed to a Fly Neighborly Program which requires a height of flight during missions of an excess of one thousand (1,000) feet. They will be flying over one thousand (1,000) feet and they will be flying within certain mandated speeds and on flight patterns that try to avoid the most heavily populated areas of the community. Mr. Neufelder showed the primary flight path on the diagram which indicated that it is directly down Lafayette. The secondary flight paths will be used only when necessary. Under no circumstances would they fly over the elementary school. They will be flying at a level of seventy -five (75) decibels which is less than a City bus and less than a lawnmower and far less than the alternative which is an ambulance with a siren which is one hundred five (105) decibels. Mr. Bob Snyder, Architect, BSA Design in Indianapolis, 9365 Counselors Road, Indianapolis, Indiana, advised that over the last two (2) years they have evaluated a number of different sites after having first established criteria. That criteria include safety for the community, hospital and patients; access to the patients and the helicopter; the time to transfer the patients from the helicopter to the trauma center; cost and budget; the proximity and location of the site to the trauma center; elevator access and the size of the elevators; the FAA primary and secondary flight paths and the structural and seismic loading for the different buildings that have been evaluated. The initial two (2) sites on the ground which were north of the Bartlett Street garage and the site at the corner of Lafayette and Bartlett Street were eliminated because of the logistics of transferring the patients from that location after the helicopter landed to an ambulance would have to circulate around to the emergency room. The third site which was evaluated was on top of the Bartlett Street garage which is designed from a structural standpoint to accommodate one future floor. The concern with this location was the proximity and route that the patient would have to travel through the entire hospital circulating back to the emergency room. The time involved was not acceptable and the patient would have to travel through public corridors for the majority of that route. A fourth site was on top of the 73 building, which is the patient tower, was eliminated because of a significant number of communication towers and mechanical units all of which would have to be relocated or removed. This building was not designed to accommodate any future vertical expansion. The logistics of the elevators in the 73 building was also an issue because while they are appropriately sized to accommodate the transfer of patients, they are not appropriately sized to accommodate a trauma patient. This site was eliminated for these reasons. The next site identified was the Centennial Building and while that was the recommendation on the initial report it was done at a point in time when after evaluating all the sites this was the first choice. At that time the hospital gave a directive to their structural engineers to pull the set of construction documents for this building, analyze and evaluate it and see if it could in fact accommodate the heliport on the roof or anywhere in the upper portion of this building. After it was evaluated, it was determined that the building was not designed for a future vertical expansion. The building can be modified but the logistics of making that happen were insurmountable. There are a number of physicians in this building and the lower level of this building is occupied by outpatient surgery. All these services and the physicians would be disrupted. The physicians have a contract lease with the hospital and to modify the building, it would have to be closed for a minimum of six (6) to nine (9) months to excavate down through the building to the bottom of the footings and underpin and rework the footings to accommodate the future load and reinforce and stabilize four primary columns all the way up through the building. The physical costs of this site just for modifications to the building would be in excess of ten million dollars ($10,000,000.00) which is not an appropriate location to be evaluated. Mr. Snyder noted that at that time based on further studies working with Mr. Ambers they had selected the center site for the Lafayette Street parking garage because of its immediate proximity REGULAR MEETING OCTOBER 9. 2000 to the elevators which are sized appropriately. From those elevators a patient can go directly into the trauma center and this was determined to be the most ideal location. When the hospital found out that the Memorial Foundation had plans to add an additional five (5) floors to their building, the 8 -1 flight ratio which is required by the FAA from that location flying directly south on the flight path prohibited that as a location. Therefore, the alternative site was to shift to the north and the west to this new location. This will give a clear and free flight path to the south directly along Lafayette Street and the 8 -1 ratio is acceptable. This location was not only the ideal site but it is the only site that gives the hospital direct access to the trauma center. Mr. Rick Lawrence, General Manager, Air Angels, 320 Kress Road, South Bend, Indiana, informed the Council that he has three (3) issues he would like to address. First is the commitment to excellence which is what Memorial Hospital has done. He stated that they could have looked at cost and gone with a single engine aircraft instead of a multi- engine aircraft. They looked at their dedication to the community and to safety. Mr. Lawrence noted that people have looked at the Bell 222 and stated that it is an eighteen (18) year old machine and it is unsafe. This aircraft has been tested with hundreds and thousands of flight hours. In 1983 -1984 when the aircraft was put into EMS use, it had an engine problem and the engine was re- manufactured. Today there are two hundred thirty five (235) EMS programs with sixty - threeper cent (63 %) ofthose programs operating this aircraft. The 222 is the most stable EMS aircraft. The pilots that work for Air Angels are all five thousand (5,000) or greater hour pilots that go through a rigorous training program. In regards to noise, the Bell 222 is one of the more quiet aircraft. The 222 landing at fifty -five (55) feet for approximately eighty per cent (80 %) of the transition to land will be fifty (50) decibels. He noted that this noise will last for seven (7) minutes. In regards to accidents, from 1980 to December of 1999, there have been ten (10) accidents in the Bell 222 and four (4) of them were EMS related. Mr. Snyder concluded by stating that this helicopter is a safe aircraft with safe crews and he believes this is a needed service. Dr. Scott Thomas, Director of Trauma Services at Memorial Hospital, 21481 Brick Road, South Bend, Indiana, indicated that the number one cause of death in the United States from ages one (1) to forty -four (44) is trauma. The golden hour of trauma is the first precious moments whereby death and disability can be minimized if access can be obtained. The hospital wants to make this a reality so that the trauma team can access those patients in the golden hour. Data supporting helicopter versus ground transport indicates at least a twenty -five per cent (25 %) to fifty -two per cent (52 %) decrease in mortality can be seen if patients can be transported by air to the trauma center that is appropriate and get the trauma team involved right away. The location of the helicopter is paramount to a successful outcome and access is critical. He noted that from his standpoint there is no higher priority. He stated that he believes that the ideal location for this helicopter is adjacent to the most important structures in the hospital such as the emergency room, the operating room, the surgical suites, the intensive care unit, the blood bank and radiology. He noted that at times they will have to get the team on the helipad, access the situation and make a determination very rapidly so the patient can survive this golden hour of trauma. Dr. Scott submitted an article regarding what happens when you don't locate your helipad at the right location and read portions from the article. In conclusion, Dr. Thomas stated that this service will upgrade the level of care in the community. At this time, Mr. Bancroft stated that this concludes the presentation and he urged the Council to support this Resolution. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Richard Werner, 200 Fisher Hall, University of Notre Dame, Notre Dame, Indiana, indicated that he serves as counselor to President Father Malloy and is Director of Campus Ministry. He has also served as Chairman of the Board of Directors of the Center for the Homeless and as a Director of Memorial Hospital. He stated that when Father Malloy became the President he urged them to become involved in activities within the City of South Bend. The first fruit of that policy decision was the lead role the University played in establishing the Center for the Homeless. One of the partners in that effort has been Memorial Hospital. They will provide them with preventive and effective medical care. As a member of the Board of Directors of Memorial Hospital Mr. Werner stated that he can testify to the professional way in which these studies have been carried out over 1 REGULAR MEETING OCTOBER 9.2000 the course of the last eighteen (18) months. He has followed these developments and has heard the testimony of many experts touching every different aspect of this new service and he is completely convinced that this service will make the medical professional people available to South Bend residents available to a wide range of other people as well. He noted that his own father was a victim of trauma and died because it took three (3) hours to get him stabilized and transported to a hospital. He stated that in all the capacities in which he has served this community over the years, he urges the Council and would be grateful for their consideration of this matter for the local community. Mr. Don Niezgodski,1113 North Elliott Street, South Bend, Indiana, advised the Council that many lives would be saved if air ambulance helicopter service were available in South Bend. Mr. Niezgodski told of an accident in which his daughter was involved at the University of Notre Dame in which her arm was torn off. Had it not been for a helicopter being brought in from Fort Wayne to South Bend and then taking her to Indianapolis, his daughter's arm would not have been saved. The accident occurred at 9:30 a.m. and she was in the operating room at 11:30 p.m. in Indianapolis. He noted that he is very much in favor of this helistop and he urged the Council to vote in favor of this Resolution. Ms. Jane Nielson, 1632 North Kenmore, South Bend, Indiana, spoke in favor of the helipad at Memorial Hospital. As her father stated just before, she would not be here today if it was not for the helicopter that flew her from South Bend to Indianapolis and she is very grateful. She stated that she wants to reach out to those people who are opposed to this helistop to please reconsider because it could be anyone's loved one that could be saved. She urged the Council to please vote in favor. Mr. John Wielgos, 3506 Mishawaka Avenue, South Bend, Indiana, advised the Council that he has been involved with many helicopter transports. He sited instances where traffic had to be stopped to transport patients across streets, yet no residents of the surrounding area complained because it was a matter of saving a life. He stated that seconds save lives and he urged the residents of the area to smile every time the helicopter takes off because seconds save lives. Ms. Anne Sullivan, 52855 Azelea Court, South Bend, Indiana, indicated that she represents the South Bend Medical Foundation at 530 North Lafayette Boulevard. She noted that they strongly believe that this community deserves access to the finest health care services available and they support the hospital in bringing helicopter transport to this community. She noted that time is of the essence and it is essential that the helicopter be able to land and take off as close to the hospital as possible. They also believe in being a good neighbor and have been in this community for ninety (90) years. She noted that Memorial Hospital has always been a good neighbor to them but because they are not a residential neighbor they do not have the noise concerns that a residential neighbor would have. In conclusion, she stated that they believe very strongly that this service is vital to the community. Ms. Helen Greenamyer, 202 East Bartlett Street, South Bend, Indiana, told the Council that she is in favor of the helistop because of personal experiences she has had with her parents who have had to use the helicopter out of Fort Wayne. It took fifteen (15) minutes by air when it would have taken over one (1) hour and thirty (30) minutes by ambulance. She urged the Council to vote for this service. Mr. Jack Davis, 13110 11 B Road, Plymouth, Indiana, shared a personal experience with the Council and asked them to view this issue from that point of view. Mr. Davis told of a car train accident that involved his daughter, daughter -in -law and two (2) granddaughters. The daughter -in- law was air lifted to Fort Wayne and the rest of the family were taken to St. Joseph's Hospital in Plymouth. He was then told that his granddaughters would be air lifted to Fort Wayne and that the daughter, who was seven (7) months pregnant would be taken by ambulance to Memorial Hospital in South Bend. He stated that he arrived at the hospital in Fort Wayne about one (1) and one -half (%) hours later and found those family members being taken care of. He called South Bend to find out the status of his daughter and was told that she was still in transport to South Bend. Her baby died on the way to South Bend. He said he has no way of knowing whether his grandson's life could have been saved if an air ambulance would have been available. Mr. Davis told the Council that his family did not have a choice but he asked the Council to make that choice available. He REGULAR MEETING OCTOBER 912000 stated that time is precious and he asked that the Council please consider his story in making their decision. Ms. Darla Woodward, 20320 Topaz, South Bend, Indiana, stated that she is a registered nurse at Memorial Hospital. Ms. Woodward relayed a tragic event that occurred this summer involving her fifteen (15) month old niece who drowned in the family pool in Goshen. Ms. Woodward gave the details of this tragic event which included the fact that much time passed before her niece reached Memorial Hospital in South Bend because she was being-transported by ambulance. Ms. Woodward stated that her niece is now walking and talking and has recovered. However, people think that tragedies only happen to other people. When you are directly affected by a tragedy you look at life differently. Ms. Woodward asked each member of the Council to walk in the shoes of this tragedy that she and her family went through and asked that the Council please support this helicopter service at Memorial Hospital. Ms. Theresa Dlugosz, 19302 Eagle Cove Drive, South Bend, Indiana, told the Council her experience with her grandson who was critically ill in Davis County Hospital in Washington, Indiana. She rioted that a helicopter was requested from St. Vincent Hospital in Indianapolis and it was only a matter of a few minutes before her grandson was loaded in and taken away. When they arrived in Indianapolis a medical team was there to meet the helicopter. She stated that it is true that the loading and unloading is done very quickly. Minutes and seconds do count. Her grandson is now home and she is sure he would n' ever have made it had it not been for the helicopter. She asked that the Council please adopt this bill. Mr. Brad Kaizer, 57107 Lone Oak Court, South Bend, Indiana, informed the Council that he is a senior trooper with the Indiana State Police assigned to the Indiana Toll Road for the last thirteen (13) years. Mr. Kaizer recounted his personal experience of being in an accident on the Toll Road in which three (3) people died and three (3) people survived. Mr. Kaizer explained that when an ambulance is sent to an accident on the Toll Road it takes a long time because the traffic makes it almost impossible for the ambulance to get to the scene of the accident. Once at the scene it takes sometimes takes up to twenty (20) minutes just to get the victims free from the wreckage. They recently called the Life Line helicopter out of Kalamazoo to transport two (2) patients to Fort Wayne. One survived, one did not. Time was of the essence. He noted that weather also makes a difference and that the snow is not always plowed in such a way that an ambulance has access to the accident. He recalled that they once had to have an ambulance drive four (4) or five (5) miles to the next exit to turn around and go back to get to the hospital because the cross overs were not plowed and impossible to cross. He stated that he believes the air ambulance coming to South Bend is fantastic and this is the best news they have heard in a long time. Mr. Kaizer urged the Council to vote in favor of this service that will save lives and benefit the people of the community and the people who pass through this community. Ms. Kareemah El -Amin, 1213 Diamond Avenue, South Bend, Indiana, told the Council of a bicycle accident that her son had either (8) years ago. He was taken to Memorial Hospital who advised that he be sent to Riley's Children's Hospital in Indianapolis. The ride in the ambulance took two (2) hours. She stated that she can feel both sides of the story about this issue but when it comes to your own family you have to look at things differently. She stated that she believes it is very important to have an air ambulance here in South Bend and it will save lives. She asked the Council to hear both sides but in the long run everyone will see the benefit of having this service in South Bend. Dr. Bunmi Okanlami, 51310 Shamrock Hills Drive, Granger, Indiana, informed the Council that she is the Director of Pediatric Intensive Care Services at Memorial Hospital and is present to speak on behalf of the children and on behalf of the requirement of air transport for these children. She noted Memorial Hospital is the only Pediatric Intensive Care Unit in the northern Indiana region. At the present time they take care of children who come from cities such as LaGrange, Goshen, Warsaw and Portage and southern parts of Michigan. They come from small community hospitals in those areas because they are severely ill and the small hospitals are not capable of taking care of their condition. She noted that Memorial Hospital sends out a land transport team to pick up these children to bring them to South Bend and there are many occasions when they can't get to certain places fast enough. The time involved in getting these children to critical care services is very crucial. To be able to have land transport is a wonderful thing. She noted that there are certain Ll REGULAR MEETING OCTOBER 9, 2000 transports that cannot be done by air so the hospital is not planning to do every transport by air. The air transport will probably happen once a day. Dr. Okanlami noted that the hospital transports close to three hundred (300) children per year by land. Not all of those will be done by air but a large proportion of those would have had better outcomes if they had been able to get to the hospital sooner. Mr. Bob White, no address given, stated that he is in charge of the newborn intensive care unit at Memorial Hospital. Mr. White stated that he wanted to help the Council understand why locating helicopter access other than immediately at the hospital is impossible for babies. He noted that they have helicopter access now either at WNDU or at the airport and they use that once or twice a year. He further noted that they have fifteen (15) to twenty (20) babies every year who need helicopter transport that they cannot do because of the difficulty in getting them from the hospital to where they have helicopter access now. He noted that when they move a baby from their unit to the ambulance they have to disconnect them from life support apparatus and transport them down to the ambulance, load them in, stabilize them and then transport. In the last three (3) years they have had two (2) babies die just getting from their unit to the ambulance. The only place that they can utilize the helicopter for these patients is right at the hospital. He noted that they lose babies each month now who die because they cannot utilize helicopter access. The noise issue and the other issues that have been brought up are not issues because they do not come close to outweighing the impact of the lives they can save. Dr. Cheryl Wibbens, 16722 Jackson Road, South Bend, Indiana, stated that she is the Emergency Physician at Memorial Hospital. She noted that she did helicopter transports for four (4) years at Methodist Hospital in Indianapolis and has been the person taking the patient to the hospital as well as the person receiving a patient from a helicopter transport. Dr. Wibbens stated that when you can get to a patient within the first hour of a traumatic injury the limitation of morbidity is greatly diminished. Unfortunately, landing the helicopter elsewhere adds at least twenty (20) minutes to the time it takes to transport the patient. Having to hook and unhook the tubes and lines of patients puts undue risk to patients and trying to land the helicopter at a different site and then transport that patient through the hospital hallways puts both the patient at risk as well as other patients and staff. She noted that as a doctor she wants to land close to the emergency room where there is a trauma surgeon. Trauma is the leading cause of death in ages one (1) to forty -four (44). It is five (5) times more likely to be a cause of death than the next leading cause. Dr. Wibbens stated that to move the transport area off of the requested site away from the emergency room is just not feasible when you are taking about the importance of minutes in these trauma patients. Dr. William Rozzi, 51116 Shamrock Hills Court, Granger, Indiana, stated that his comments are similar to Dr. Wibbens but from an orthopedic perspective. He noted that his patients have multiple fractures and the problem he encounters with a multi -step transport system is that with this type of injury more movement means more trauma and more bleeding. He stated that it does not make sense and it defeats the purpose to fly out, pick up a patient and then put them into an ambulance. If it is going to be done right they have to land at the hospital and he believes Memorial Hospital when they say that this is the only site that will work. Dr. Rozzi urged the Council to vote to put this helistop where Memorial Hospital says it should be located. Dr. Wil Yergler, 18705 New Road, South Bend, Indiana, informed the Council that he is the father of seven (7) children and is a orthopedic surgeon in South Bend as well as the team physician for the University of Notre Dame. Dr. Yergler talked about helicopter use during the war which saved lives and noted that South Bend is the largest city in the Midwest without helicopter service. As an orthopedic surgeon more than fifty per cent (50 %) of his practice is trauma and what is being discussed this evening is life threatening trauma with people dying. Dr. Yergler told the Council of his experience with his son being run over by a bulldozer. His son had a crushed pelvis and had massive internal bleeding. From the time the call was made to 911 until the time he reached Memorial Hospital was forty -four (44) minutes and during that time he almost bled to death. The transport was by ambulance with the red light running and full police escorts and it still took that long. A helicopter could have gotten him there in three (3) minutes. When it became obvious that his son had to be transported to Riley Children's Hospital a helicopter was called in from Rochester, Indiana and he was transported to Indianapolis very quickly. He stated that within the next year REGULAR MEETING OCTOBER 9,200 someone present this evening is going to have trauma and they will be glad that Memorial Hospital got the helicopter. Mr. Mark Catanzarite,1322 East LaSalle Avenue, South Bend, Indiana, stated that he is a firefighter and a paramedic and has been part of the Emergency Medical Services system in this community for over twenty (20) years. He stated that because of his career he knows first hand of individuals who could have used helicopter transport service. Mr. Catanzarite stated that he can sympathize with the residents of Park Avenue but this service will not be operating twenty -four (24) hours a day seven (7) days a week. This is a lifesaving service and he urged the Council to carefully deliberate tonight. As a paramedic and a firefighter this service is something they have been looking for in this community for many years. The following individuals spoke in opposition to this Resolution: Mr. Colin Hodson, 807 Ashland Avenue, South Bend, Indiana, stated that he wanted to review the proposed site for the helicopter. Mr. Hodson stated that the criteria the hospital listed were safety, access to the patients, helicopter time, proximity to the trauma center, elevator access, FAA flight paths and structural loading. The sites that the hospital said they could not use were the Bartlett Street garage and the ground sites. He noted that the hospital stated that in regards to the 73 Building patient tower there were too many things that would have to be removed and the building would have to be re- enforced and that the elevators were not big enough. He stated that if the hospital is going to trade -off the safety of the people in the neighborhood for the location maybe it would make sense to come up with a compromise and take the obstacles off the roof and make the elevators bigger so that the people in the neighborhood could stay there. He stated that he did not think it was unreasonable to ask Memorial to make some kind of concession. He further stated that the hospital stated that they do have alternatives. The one alternative, the Centennial Building, could be modified but would disrupt the doctors that are in that building. Mr- * Hodson stated that as a resident of the area his life will be disrupted day in and day out and not just for nine (9) months. He noted that the hospital stated they had a problem with transporting patients thru the hospital past other patients and visitors when in fact it is possible to designate and dedicate passageways specifically for these trauma patients. However, the hospital has chosen not to do that. He also noted that he found it unusual that the hospital built a garage with elevators big enough to accommodate a trauma patient. Mr. Hodson also spoke about the flight paths and what the hospital indicated as primary and secondary paths. The most likely path the hospital will use is the one that goes right by Madison School. He noted that the residents of the area are not opposed to helicopter service but does have a problem with the location. The residents would like to have known about the hospital's plans in advance so these concerns could be worked out before this time. Memorial Hospital has chosen the most convenient spot for Memorial without any regard to the convenience, lives and peace and safety of the neighborhood. The location they have chosen poses a threat to the lives of the people in the flight path and especially those close to the landing area. He stated that the helicopter pad is going to be a blight on this neighborhood and the Council can expect to see the neighborhood collapse. He stated that he has a lot of information about noise which he does not have adequate time to present which he will present in written form. He concluded by stating that he wants to go on record as saying that the residents have not been given enough time to present the information that they have prepared and he feels like the Council will not get the entire picture because they are not being allowed time to get that information across. Mr. Tim Scott, 711 Forest Avenue, South Bend, Indiana, submitted to the Council an FAA report and accident reports concerning EMS helicopters. He stated that he is in support of the hospital providing air ambulance service but from a safety concern he feels the location of the airport one hundred (100) feet from houses on Lafayette compromises the safety and quality of life for the neighborhood and citizens of the community. A safer location needs to be considered and approval of this request gives a dated aircraft permission to land in their neighborhood. Mr. Scott gave statistics about the Bell 222A and informed the Council that he asked that Air Angels provide air records of their aircraft in South Bend and that their records be opened to the public. He inquired why Air Angels was selected and asked the Council to deny this request. Ms. Veronica Towne, 328 West Marion Street, South Bend, Indiana, stated that she has lived in her house which was built in 1872, for the past ten (10) years. She noted that she was fully aware of 1 1 REGULAR MEETING OCTOBER 9.2000 the ever changing environment of a hospital neighborhood. She further noted that the neighborhood is affected in countless ways by the activity of the hospital including employees parking their cars in the neighborhood. Ms. Town cited her experience with another helipad service in Kalamazoo and noted the decline in the neighborhood. She asked why this helipad had to be as close to residents as possible. Over the years the residents have seen the hospital change and grow but consideration needs to be made when a helicopter is going to land one hundred twenty (120) feet from the door of a historical house. She stated that she believes that no one is opposed to this emergency helicopter transport. However, with other options available to Memorial, it is unfair to disrupt a neighborhood that has been a cornerstone in the community. In conclusion, she stated that the residents are asking for consideration for their homes. Ms. Cathy Emmel, 1010 Riverside Drive, South Bend, Indiana, read a prepared statement. She noted that Memorial Hospital stated that the Fort Wayne Park View Hospital neighborhood is comparable to South Bend and property values there actually went up after the hospital installed their helicopter service. She further noted that she visited Fort Wayne to see what the area was like and discovered that the first residential street is almost two (2) blocks from the helicopter site and several tall buildings buffer that area. She noted that the streets around the hospital are also arranged differently than in South Bend. She noted that she spoke to several individuals in Fort Wayne who had negative comments about their helicopter service. Ms. Emmel spoke at length about the neighborhood around the hospital in Fort Wayne. She stated that the tactics Memorial Hospital used to try to convince the citizens that this service is needed gives her cause to consider the integrity of their endeavor. She noted that the City of South Bend will not benefit from this service because the helicopter is not going to land in the middle of a neighborhood to pickup a patient. However, the citizens of South Bend will pay the cost and she urged the Council to consider the ramifications of this proposal and deny their petition for a special exception because it will unnecessarily destroy part of one of the oldest neighborhoods in South Bend. Mr. Keith Wishmeier, 308 LaMonte Terrace, South Bend, Indiana, informed the Council that his house is somewhere between three hundred (300) to four hundred (400) feet from the site of the proposed helistop. He noted that this is a tough issue he supports the idea and benefits for this service. He further noted that when he moved into the neighborhood, Memorial Hospital told the residents that the houses along Lafayette were being maintained on the east side as a buffer to protect the integrity of the neighborhood and the hospital. Now, at this location there is a very large parking garage and a parking lot. He noted that the hospital is one of the best neighbors he has ever had and is happy to be living close to the hospital. However, things that are said now change in the future. When the hospital says the helicopter will land one (1) time a day everyone really knows that if the need arises, the helicopter will land more often. He noted that the location needs to be looked at and that is his problem. The neighbors along Lafayette have a right to be concerned about this issue. He stated that if the Council is going to approve this request at its present location he would request that the hospital be asked to purchase the properties on the west side of Lafayette to create the buffer that was originally intended to protect the neighborhood and eliminate the safety problem. Mr. Mike Keene, 1012 Riverside Drive, South Bend, Indiana, stated that he was present not to oppose this service or plans for the helistop because that is not what the residents are concerned about. The residents would like more time to diagnose the situation and he therefore asked the Council to table the matter tonight to give them time to obtain a second opinion. He noted that the residents would like a second opinion and one not paid for by the hospital. He questioned their concern when they can place the helipad one hundred ten (110) feet from a residence. Mr. Keene asked that the Council get clarification before they vote on what the hospital means when they use the term safety zone. He noted that Memorial Hospital has studied this plan for two (2) years but only began working with the neighbors in July. Mr. Keene asked the Council to give the residents time for a second opinion. Mr. Bartholomew Timm, 706 Park Avenue, South Bend, Indiana, informed the Council that he is the President of the Park Avenue Neighborhood Association. He noted that the Board voted in opposition to the location not the existence of a helipad. He stated that three (3) questions must be answered before the Council votes on this issue. Is it safe, will it save lives and what is the rush. Mr. Timm read air ambulance accident statistics and stated his concerns about the flight path and its relation to Madison School. He also stated that no one would definitely say that this service REGULAR MEETING OCTOBER 9.2000 would save lives. Lastly, Mr. Timm asked why Memorial Hospital was in such a hurry and suggested that the Council table this petition for two (2) year's. The residents believe there is some very reasonable doubt about the safety of the helicopter and especially about the proposed location. Ms. Allyson Hinds, 621 Lafayette Boulevard, South Bend, Indiana, told the Council she and her husband bought their house because of its location close to downtown and invested substantially in its renovation. She stated that they did not buy their house with an airport across the street and they don't want to live in one. The house was listed for sale and only one (1) person has shown interest during the past two (2) months. She asked how the hospital could consider putting a airport one hundred twelve (112) feet from her nursery. The helicopter service is a beautiful idea but she doesn't want to have to pay for it daily by being forced to compromise her pocketbook and quality of living in the process. Ms. Shannon Brewster, 930 Riverside Drive, South Bend, Indiana, informed the Council that she and her husband moved to this location two (2) year's ago and chose to live in this historic district. The people of the neighborhood are not evil and cold hearted and they are all for lives being saved. She has never once heard a neighbor complain about the ambulances that drive down Riverside. But the helicopter is entirely different. It will disrupt peoples lives in the neighborhood and they are being forced out. She stated that this decision has been rushed and it has not included the neighborhood. More time needs to be spent on this and there has to be more options available. She asked1hat the Council to consider all sides fairly and justly. Ms. Marialyce Riedle, 816 Park Avenue, South Bend, Indiana, noted that she has lived in the neighborhood for forty =one (41) years and it is the job of the Council to protect her neighborhood. Their area is already threatened by noise from the ambulance sirens and high powered machinery at Memorial Hospital and the South Bend Medical Foundation. A helicopter landing on Lafayette Street with the danger to the lives of the people in the fifteen (15) residences in that block will further damage the quality of life in the surrounding neighborhood. She stated that the helipad can be placed in another location and asked the Council to riot let her neighborhood down. She respectfully requested that the Council find against the petition of Memorial Hospital. Ms. Mary Euler, 521 North Lafayette Boulevard, South Bend, Indiana, informed the Council that she is probably one of the closest residents that will be affected by this helipad. Ms. Euler stated that she is a business consultant and she explained business planning procedures. She noted that the program and the need for the program is not in question. Only placement of the helistop is in question. She rioted that Memorial Hospital has possibly been planning their long range plans as far back as 1989 and they should have considered whether enough land was available at their current site for future expansion. She explained how this type of program works in the Chicago area and knows that there are other alternatives. Mr. Charles Leone, 1055 Riverside Drive, South Bend, Indiana, President of the Near Northwest Neighborhood Association, stated that the neighbors have expressed many of the concerns which he has heard as President of the Neighborhood Association. Individuals do not oppose the concept of air ambulance service at the hospital but their concern is the location, the noise and the process by which they have gotten here tonight. Mr. Leone explained that this proposed use is in the zoning code as an airport and is among the most intense uses in the ordnance. He noted that whenever there is a break from one district to another it is not unusual to have some kind of screening or buffer that would protect one use from another. In this situation there is nothing in the ordinance that advises what kinds of things should be done to protect the residential area from a very intense use. Mr. Leone stated that the petitioner has not really addressed the noise issue because in fact it is going to be louder than a lawnmower or a city bus. On behalf of the neighborhood organization, he asked that this matter be continued until the residents have an dpportunity 'to look at how they can best buffer or limit the effect of this helistop on the immediate neighborhood. Mr. Leone stated that this helicopter service is primarily for the benefit of those who live in the outlying areas of the county and for those in surrounding counties. The benefit is regional but the cost is local. Those who live in the City will call an ambulance. On behalf of the Near Northwest he asked that the Council continue this matter until representatives from the hospital and neighborhood can discuss these issues and reach a plan that works for Memorial and for the neighborhood. n 1 REGULAR MEETING OCTOBER 9, 2000 Ms. Rolanda Hughes, 1029 Riverside Drive, South Bend, Indiana, Vice - President, Near Northwest Neighborhood Association, submitted to the Council a prepared statement of which she read excerpts. Ms. Hughes noted that she lives on one of the flight paths of the helicopter but that is not so much of a concern as for the neighborhood that abuts the proposed heliport. She further noted that she and her neighbors are concerned about the negative impact on the health, safety, overall quality of life and neighborhood health that the heliport would have if it were allowed to be built on North Lafayette Street, adjacent to homes, parks and a school. She cited The National Resources Defense Council as documenting that intermittent helicopter noise can cause heart problems, learning disabilities and sleep deprivation. She urged the Council to encourage Memorial to find a better location for the sake of all parties involved. Ms. Hughes cited the Heliport Evaluation report as indicating that the only location for which a concern for the neighborhood was expressed was the Lafayette Street parking garage and it is this site that is the problem. Mr. Tim Wilson, 715 Forest Avenue, South Bend, Indiana, submitted to the Council for their review in evaluating this matter, guidelines used in Arizona which define helistops, airports and prescribed distances to and from residences. In rebuttal, Mr. Neufelder stated that a lot of issues have been raised by the neighbors but he wanted them to know that they are not being portrayed as evil villains and that the hospital recognizes the neighbors as concerned citizens. He noted that the hospital has been asked to compromise their standards and location but the issue is looking at what impact those compromises would have on the lives of patients. The neighbors have commented that the service is designed for those who live outside of the City but the service will be provided to all trauma victims regardless of their street address. Mr. Neufelder stated that there are three (3) prime considerations when looking for a location for a helistop. First, aviation concerns as dictated by the FAA. Second, clinical access. Third, structural issues. Mr. Lee Ambers, in his report, made a recommendation that Memorial Hospital consider the Centennial Medical Square Building and they pursued that investigation and were informed of significant structural issues requiring the closing of the building as well as clinical access for the patients because they need to traverse a bridge six floors high between the two (2) buildings. It has also been reported that the hospital has plans to add a hanger on top of the Lafayette parking garage and that is not true. Hangers will be maintained at the airport on a twenty -four (24) hour a day basis along with the flight crew. The helistop is only for dropping off patients and taking off again. He noted that questions have also been raised about the safety and age of the aircraft. The FAA requires strict maintenance records and the hospital will be employing full time maintenance workers. He noted that aircraft is actually rebuilt on a very regular basis based upon the number of hours of flight. The hospital took into consideration all safety aspects when they looked at three (3) different air ambulance services which were Air Angels, West Michigan Air Care, and PHI a provider of helicopters. Based on the proposals submitted by those three (3), Air Angels was selected because of their excellent safety record. Mr. Neufelder noted that concerns about parking have also been raised and one of the pluses of this proposal is that it will add one hundred fifty (150) parking spaces on the hospital campus which will help with the parking problems in the neighborhoods. He noted that residents cited experiences with hospitals in Chicago and he wanted to point out that some hospitals are considered sending hospitals not receiving hospitals of scene responses. Northwestern Memorial is an excellent hospital but it does not receive scene response trauma. In regards to what is a safety zone, Mr. Neufelder stated that a safety zone is a plane that goes out from the level of the helipad itself and in this zone there can be nothing built above that plane. In closing, Mr. Neufelder stated that there are numerous studies all with significant reductions in mortality rates as a result of air transport services and asked for the Council's favorable consideration. Councilmember Kelly stated that this is a difficult question and he has personal reasons to favor this proposal. He explained a recent out of town accident involving his son -in -law in which a helicopter was used to transport him to the hospital. He noted that his son -in -law is recovering nicely at this time and this is due to the quick service he received in terms of being transported to the hospital and the trauma center. Councilmember Kelly stated that in regards to noise, no one wants to see a REGULAR MEETING OCTOBER 9, 200 neighborhood disrupted and perhaps a noise buffer can be created. He stated that he expects to support this Resolution. Councilmember Aranowski thanked the neighborhood residents as well as Memorial Hospital for answering his questions. He noted that this is an emotional issue and he has gathered information from all sources. The biggest issue is what is the benefit and impact on the community and he believes that the helistop belongs at the hospital. The number one issue is the health and well being of not only his district but for all citizens of South Bend. He stated that he will be supporting this Resolution. Councilmember Kirsits stated that he supports a helicopter for Memorial Hospital but believes they have picked a terrible location. He also stated that he has safety concerns and believes that the Council has not 'received an adequate answer to what is a safety area. He noted that because of his experience with helicopters he believes this plan will have an effect on the neighborhood. Councilmember Kirsits stated that he appreciates the comments made by Mr. Leone and because of the volumes of data the Council has received, he would like to see this matter tabled until the next Council meeting 'so they can disseminate this data and get the neighborhood residents and the hospital to talk one more time and maybe find a better location. Therefore, Councilmember Kirsits made a motion to table this Resolution until the next meeting of the Council. Because there was not a second to the motion, the motion failed. Councilmember Kelly made a motion to adopt this Resolution as substituted. Councilmember Varner seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay by Councilmember Kirsits.. RECESS Councilmember Coleman made a motion to take a five (5) minutes recess. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING RECONVENED' The Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 11:10 p.m.. Council President Charlotte Pfeifer presided with nine (9) members present. RESOLUTION NO. 2935 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2000 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk/scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk/and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk/and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/and recycling operation have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and REGULAR MEETING OCTOBER 9.2000 WHEREAS, the Board of Public Works, at its meeting held on August 7, 2000, recommended the issuance of the license for the below listed applicant in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. That the license application for the following be approved based upon the satisfactory review of the property by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in February and July, 2000, and subsequent favorable recommendation by the Board of Public Works: Indiana Auto Parts, Inc. 3300 South Main Street South Bend, Indiana 46614 SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Ms. Kathy Davis, Director, Department of Code Enforcement, 13th Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Ms. Davis asked for the Council's favorable recommendation of this scrap yard license and asked them to vote accordingly. 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 King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2936 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1402 AND 1408 WEST WASHINGTON STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1402 and 1408 West Washington Street, South Bend, Indiana, and which are more particularly described as follows: 1402 West Washington Street THAT PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. REGULAR MEETING OCTOBER 9.2000 JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT #1 AND A PORTION OF LOT #2 IN THE PLAT OF "KIRBY'S SUBDIVISION OF BANK OUT LOT #83" AS RECORDED IN PLAT BOOK #3 ON PAGE #16 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE KEY #18 -3075 -2965 1408 West Washington Street THAT PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT #3 AND A PORTION OF LOT #2 IN THE PLAT OF "KIRBY' S SUBDIVISION OF BAK OUT LOT #83" AS RECORDED IN PLAT BOOK #3 ON PAGE #16 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, RECORDER'S OFFICE KEY #18 -3075 -2963 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 field a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject 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 signif cant 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 REGULAR MEETING OCTOBER 9, 2000 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 abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Ms. Gladys Muhammad, Social Director, South Bend Heritage Foundation, 914 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Ms. Muhammad requested the adoption of this Resolution. She stated that this property is on the south west corner of West Washington and South Chestnut Street. She further stated that they find that tax abatement is an essential factor in making new homes affordable to families with household income of eighty per cent (80 %) of the median income. Ms. Muhammad noted that with this approval the final tax abatement piece of the first phase of South Bend Heritage Foundation development of affordable single family homes along the 1300 and 1400 blocks of West Washington will be complete. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember King made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING OCTOBER 9, 2000 RESOLUTION NO. 2937-00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5117 IDLEWOOD, 5125 IDLEWOOD, 218 NORTH SUMMIT DRIVE, AND 226 NORTH SUMMIT DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAVE COKER WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5117 Idlewood, 5125 Idlewood, 218 North Summit Drive, and 226 North Summit Drive, South Bend, Indiana, and which are more particularly described as follows: Address Legal Description Key No. 218 North Summit Drive Lot 170 Mayflower Section 11 18- 4129 - 5044.05 226 North Summit Drive Lot 171 Mayflower Section 11 18- 4129- 5044.06 5117 Idlewood Lot 172 Mayflower Section 11 18- 4129 - 5044-.07 5125 Idlewood Lot 173 Mayflower Section 11 18- 4129- 5044.08 as a Residentially Distressed Area; and WHEREAS, notice ofthe adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject 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 1 1 D REGULAR MEETING OCTOBER 9, 2000 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 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Dave Coker, 3516 Sorin Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Coker informed the Council that he is the developer of the Mayflower Addition. He noted that he received a tax abatement last year for the last nine (9) lots in this addition. Now, he is here for another last four (4) lots in this addition. He explained that he had one (1) parcel of ground left at the dead end of Summitt Drive to be sold to a church. The City indicated to him that they desired to have Summit Drive extended for traffic purposes in and out of the area. Therefore, he will extend the street north and connect it to Idlewood. This has created four (4) lots that he did not know he had. Therefore, Mr. Coker asked for tax abatement for these lots to facilitate their sale. A Public Hearing was held on the Resolution at this time. REGULAR MEETING OCTOBER 9, 2000 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 00 -116 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 1904, 1912, 1920, 2004, AND 2012 PHILLIPA STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAVE COKER BILL NO. 00 -117 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 4411 QUALITY DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR GVW REALTY, LLC BILL NO. 00 -118 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 2629 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE TOOL & ENGINEERING, INC. Councilmember Kelly made a motion to continue these Resolutions until the October 23, 2000 meeting of the Council at the request of the administration. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 2938-00 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 4304, 4323, AND 4315 MAPLE ROAD; 4302, 4310, 4330 (OR 4327 MAPLE ROAD), 4340, AND 4350 PORTAGE AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MEADOW WOOD II LIMITED PARTNERSHIP WHEREAS, a Statement of B enefits and a petition for-residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 4304, 4323, and 4315 Maple Road; 4302, 4310, 4330 (OR 4327 Maple Road), 4340, and 4350 Portage Avenue, South Bend, Indiana, and which is more particularly described as follows: Address Legal Description Key No. 4304 Maple Road Phase 3 Field Point Sub., Lot #1 25- 1046 -1005 4302 Portage Avenue Phase 3 Field Point Sub., Lot 42 25 -1046- 100502 4310 Portage Avenue Phase 3 Field Point Sub., Lot #3 25- 1046 - 100503 4315 Maple Road Phase 3 Field Point Sub., Lot #4 25 -1046- 100601 REGULAR MEETING 4323 Maple Road 4330 Portage Avenue or 4327 Maple Road 4340 Portage Avenue 4350 Portage Avenue Phase 3 Field Point Sub., Lot 45 Phase 3 Field Point Sub., Lot #6 Phase 3 Field Point Sub., Lot #7 Phase 3 Field Point Sub., Lot #8 OCTOBER 9, 2000 25- 1046 - 100602 25- 1046- 100603 25- 1046 - 100604 25- 1046 - 100605 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 sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et sea., 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 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. REGULAR MEETING OCTOBER 9. 2000 SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. 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 reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Andrew W. Place, 2133 Foxboro Court, Mishawaka, Indiana, made the presentation for this Resolution. Mr. Place informed the Council that this tax abatement is a continuation of a previous tax abatement for the Field Point Subdivision. A Public Hearing was field on the Resolution at this time. 1 J REGULAR MEETING OCTOBER 9, 2000 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 which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 88-00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING HISTORIC LANDMARKS FOR STRUCTURES AND REAL PROPERTY LOCATED AT 2300 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 23, 2000. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 89-00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 2257 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Uj dak made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 23, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 90-00 FIRST READING ON A BILL APPROPRIATING $63,800 FROM FUND 212 FOR THE PURPOSE OF FUNDING ACTIVITIES UNDER THE US EPA BROWNFIELD PILOT ASSESSMENT GRANT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on October 23, 2000. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 91 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF PORTAGE AVENUE FROM THE SOUTH RIGHT -OF -WAY OF WEST NAVARRE STREET TO THE NORTH RIGHT -OF -WAY OF WEST MARION STREET FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE ORIGINAL TOWN OF SOUTH BEND, ST. JOSEPH COUNTY, 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 October 23, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING OCTOBER 9, 2000 BILL NO. 92 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE UTILITY SERVICES TO AN AREA WITHIN THE MUNICIPAL CITY LIMITS IN PORTAGE TOWNSHIP KNOWN AS A PORTION OF THE JACKSON SUBDIVISION BORDERING ON HUEY STREET, AND ON HAMILTON STREET, IN SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on October 23, 2000. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 93-00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE RELATING TO PRETREATMENT REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on October 23, 2000. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 94 -00 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, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH AND AT THE SAME TIME RESCINDING ORDINANCE NO. 9111-00, PETITION OF SYLVIA R. HOUSER REVOCABLE TRUST, ROYAL OAK ESTATES BY D & H HOME BUILDERS, INC. AND COMMUNITY BAPTIST CHURCH This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on November 13, 2000 and Third Reading on January 8, 2001. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 95 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR GRANT AND LOAN ASSISTANCE THROUGH THE INDUSTRIAL DEVELOPMENT FUND AND PLEDGING CERTAIN REVENUES TO THE REPAYMENT THEREOF (ROBERT BOSCH CORPORATION RETENTION PROJECT) This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on October 23, 2000. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 96 -00 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 1 I_ 1 REGULAR MEETING OCTOBER 9, 2000 THE ZONING ORDINANCE FOR CERTAIN LAND IN WARREN TOWNSHIP CONTIGUOUS THEREWITH; BW BUSINESS PARK LLC, AN INDIANA LIMITED LIABILITY CO.(25,500 BLOCK OF OLD CLEVELAND ROAD SOUTH BEND, INDIANA) Councilmember Ujdak made a motion to strike this bill from consideration. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 97-00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 411 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS QUESTION OF TAX ABATEMENTS FOR AREA DESCRIBED IN BILL NO. 94 -00 Councilmember Varner noted that Bill No. 94 -00 will rescind Ordinance No. 9111 -00 and he inquired if the Council had already granted tax abatements to this area. Councilmember Ujdak indicated that Mr. Bill Owen, developer of the area, submitted to the Council a letter from St. Joseph County Auditor John Lentz regarding the tax abatement matter. Council Attorney Kathleen Cekanski- Farrand advised that she will look into this matter for the Council. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 11:30 p.m. ATTEST: Lorett . Du , City Jerk ATTEST: Charlotte Pfeifer, Presid t