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HomeMy WebLinkAbout11-09-09 Common Council Minutes REGULAR MEETING NOVEMBER 9, 2009 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, November 9, 2009 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Al “Buddy” Kirsits At-Large Timothy Rouse At-Large Karen L. White At-Large Absent: Oliver Davis 6th District, Vice-President OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the October 26, 2009 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember Puzzello made a motion that the minutes of the October 26, 2009 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:01 p.m. Councilmember Rouse made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. 1 REGULAR MEETING NOVEMBER 9, 2009 PUBLIC HEARINGS BILL NO. 54-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 5 PLANNED UNIT DEVELOPMENT DISTRICT; SECTION 21-05 PLANNED UNIT DEVELOPMENT DISTRICT, TO REVISE THE CRITERIA USED IN DETERMINING MAJOR/MINOR CHANGES TO APPROVED SITE PLANS AND REMOVING TIME LIMITS TO OBTAIN SECONDARY APPROVAL Councilmember Dieter make a motion to strike Bill No. 54-09 at the request of the petitioner. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 68-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and sends this bill to the full Council with no recommendation due to the lack of a quorum. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that petitioner is requesting a zone change from LI Light Industrial District to CB Community Business District to allow restaurants or small retail shops, and a hotel facility. She stated that the site is undeveloped. To the north is an uncultivated field zoned O Office District. To the northeast is a City of South Bend well field and to the northwest is a tire store, both zoned LI Light Industrial District. To the east is the city well field, unzoned. To the south is the Toll Road and associated maintenance area, unzoned. To the west is a trucking company zoned LI Light Industrial District. The total area is 8.77 acres. A hotel and four restaurant/retail buildings of varying sizes are proposed for a total of approximately 40,100 square feet of buildings or 11% of the site. A total of 315 parking spaces and access drives cover 69% of the site. There is 20% open space. There is one access from Cleveland Road and one from Mayflower. In 1979, a rezoning was initiated by the Area Plan Commission from A Residential to E Heavy Industrial to meet the needs of the Michiana Regional Airport. From 1996 to 2004, the property was zoned “D” Light Industrial. Since 2004, the parcel has been zoned LI Light Industrial District. Cleveland Road has four lanes and a center median. Mayflower Road is a two lane road that dead ends at the Toll Road. The buildings are to be serviced by municipal water and sanitary sewer. The St. Joseph County Airport Authority is in support of this development. The only concern would be the location within the noise sensitive zone, but with proper soundproofing, there should be no noise problems. She stated that much of the property surrounding this parcel is dedicated right-of-way or government owned and is not likely to be developed. The property to the north was previously zoned BP Business Park before its current O Office zoning. The most desirable use for this property are those uses that are compatible with 2 REGULAR MEETING NOVEMBER 9, 2009 the industrial, office, and commercial growth along Cleveland Road. The surrounding property values should not be negatively affected. It is responsible development and growth to support a mixed use project in growing area. Ms. Nayder stated that the staff recommends that the petition be sent to the Common Council with a favorable recommendation and that the Commission held a public hearing on Tuesday, October 20, 2009 and sends it to the Common Council with a favorable recommendation. She noted that properties along Cleveland Road have developed into a mix of industrial office uses. This project will add a commercial node, supporting the business along Cleveland Road and the nearby residential areas to the north. Mr. Michael Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation on behalf of his clients Hutto Investments, Inc. Mr. Danch advised that his clients are requesting the approval of a rezoning for their properties located at the southeasterly corner of Cleveland and Mayflower Roads. This rezoning will allow for the construction of a hotel facility along with multiple sites for restaurants or small retail shops. He stated that this development would fit well along this portion of Cleveland Road with easy access to the by-pass, the Indiana Toll Road, the existing mixed uses and residential neighborhoods. He stated that they are currently working with the City of South Bend to discuss rezoning the large parcel across the street on the northeast corner of Mayflower and Cleveland that his clients own. At some point he stated they will come back to rezone for that. He stated that they are also working with the City Engineering Department. The driveway shown on the preliminary site plan will be moving to the west so they can coordinate the entrance with the property across the street, so they will be directly across the street from each other. He advised that this site will be hooked up to city water and sewer. Councilmember Henry Davis recommended to Mr. Danch to have something in writing to show that funds have been secured for this development. Mr. Danch advised that he will talk with the hotel developers to put something in the file. 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 Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 69-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 109 GARST STREET, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and sends this bill to the full Council with no recommendation due to the lack of a quorum. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from LB Local Business District to LI Light Industrial District to allow the continued use of a mechanical contracting and engineering business. On site is a small building containing a mechanical contracting and engineering business. To the north is a vacant commercial building and associated storage building zoned MU Mixed Use District. To the east is a 3 REGULAR MEETING NOVEMBER 9, 2009 vacant commercial building and associated storage building zoned MU Mixed Use District. To the east is a vacant building zoned LB Local Business District. To the south is a parking lot zoned MU Mixed Use District. To the west is the Real Services kitchen zoned Li Light Industrial District. The total area is 4,039 square feet. The 3,540 square foot building covers 88% of the site. There is no on-site parking. In 1998, the Area Board of Zoning Appeals granted variances from the parking spaces, lot size and side and rear setbacks. Additional variances will be needed for front yard setback and landscaping. From 1996 to 2004, this property was zoned C Commercial. At that time, Furnace sales and service, with stock completed housed, and manufacturing and assembly, with not more than five operating employees were permitted uses. When the new zoning map was passed in 2004, this property was zoned LB Local Business District. The lot was subdivided in 1998. The site is serviced by municipal water and sanitary sewer. The property to the east is vacant. Real Services has recently expanded to include a kitchen building and larger parking area to the east and south. The most desirable use is to allow the continued use of the property. Since the use is existing, the surrounding property values should not be negatively affected. It is responsible development and growth to allow this small site, which has been operating as a legal non-conforming use, to be rezoned to the appropriate zoning. The Staff recommends that the petition be sent to the Council with a favorable recommendation. She stated that the Commission held a Public Hearing on Tuesday, October 20, 2009 and send this bill to the Common Council with a favorable recommendation. Ms. Nayder stated that this property was operating in the correct zoning until 2004 when the adoption of the new zoning code created the non- conforming use situation. It is contiguous to Light Industrial zoning to the west. The existing use has not placed an undue burden on the adjacent uses, all of which are part of an area that has a diversity of uses. Given the small size of this lot, there is little to no room for the outdoor storage associated with the LI Light Industrial District. Mr. Bernie Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the owner Frick Limited Liability Company, LLC and the contingent purchaser Morris Sheet Metal Corp. Mr. Feeney indicated that this property was operating in the correct zoning until 2004 when the adoption of the new zoning code created the non-conforming use situation. Mr. Feeney advised that Morris Sheet Metal Corp. intends to operate a mechanical contracting and engineering firm where it was previously owned and operated by Schuster Mechanical. He stated that this rezoning will allow the continued use of that mechanical contracting and engineering use. He stated that at one time all of the property had been owned by the same individual. However, there are two separate entities and distinct parcels containing two separate buildings that both share a common wall between them and protected by a legal agreement. 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 Kirsits made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 74-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT 5 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and sends this bill to the full Council with no recommendation due to the lack of a quorum. 4 REGULAR MEETING NOVEMBER 9, 2009 th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from SF1 Single Family and Two Family District to OB Office Buffer District to allow parking for a proposed dentist office. On site is vacant. To the north is a single family home and vacant lot zoned OB Office Buffer District. To the east is a church zoned SF1 Single Family and Two Family District. To the south is additional parking for the adjacent church use zoned SF1 Single Family and Two Family District. To the northwest is a dry cleaner zoned OB Office Buffer District. To the west and southwest across Fellows Street are single family homes zoned SF1 Single Family and Two Family District. The total area is 15,072 square feet. No building is proposed on this lot. A 4,700 square foot dentist office is proposed on the adjacent vacant lot. A total of 20 parking spaces are provided, covering 7,605 square feet of 51% of the site. The remaining 49% is open space and landscaping. She noted that in 1993, the property to the northwest had petitioned to be rezoned to C Commercial for an auto service facility. That petition was withdrawn. She stated that Fellows Street is two lanes. According to maps on the Major Moves US 31 website, Fellows Street will be extended over the St. Joseph Valley Parkway as part of the US 31 project. The site as developed needs no utilities, but they are available on Fellows Street. Ireland Road is a major arterial, fronted by a mixture of commercial and institutional uses. Fellows Street is currently a local neighborhood street, but will be extended to the south over the St. Joseph Valley Parkway as part of the US 31 realignment project. The most desirable use is one that recognizes the mix of adjacent land uses. The surrounding property values should not be negatively affected. It is responsible development and growth to recognize and support approved land use plans. Ms. Nayder advised that the Staff recommends that the petition be sent to the Common Council with favorable recommendation. The Commission held a Public Hearing on Tuesday, October 20, 2009 and send this bill to the Common Council with a favorable recommendation. Ms. Nayder stated that the adjacent vacant lot to which the site will be part of is no longer viable as a residential use. Combining both parcels as a single use creates a viable business site. In addition, the changing status of Fellow Street makes this site even less desirable as residential. Mr. John Spaulding, Spaulding Design Group, LLC, 106 Lincoln Way East, Mishawaka, Indiana, made the presentation for this bill on behalf of his client Dr. Terrill Stoller. Mr. Spaulding advised that because of the major moves U.S. 31 project Dr. Stoller is moving his dentist office from U.S. 31 to this new location. In doing so the piece of property that he bought wasn’t big enough to accommodate his building plus parking so he bought property behind it, in hopes to get it rezoned so he could use it as parking space. 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 Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 57-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST. PETER ST., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to continue this bill until the November 23, 2009 at the request of the petitioner. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. 5 REGULAR MEETING NOVEMBER 9, 2009 BILL NO. 83-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9907-09 TO CHANGE THE MUNICIPAL CODE SECTION FROM 2-170.13 TO 2-170.14 Councilmember White, Vice-Chairperson, Personnel and Finance Committee, reported that this committee held a meeting this afternoon and due to the lack of a quorum sends this bill to the full Council with no recommendation. th Ms. Aladean DeRose, Chief Assistant City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd, South Bend, Indiana, made the presentation for this bill. Ms. DeRose advised that it had come to her attention that Ordinance No. 9907-09 was incorrectly codified at Chapter 2, Article 14, Section 2-170.13. Because of duplication, the correct Section umber should be 2-170-14. 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 Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 84-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $76,000.00 FROM GENERAL FUND #101 TO PURCHASE AND SPECIALLY EQUIP THREE POLICE VEHICLES Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Councilmember Derek Dieter disclosed that he is a Member of the South Bend Police Department. He stated that after discussion with Council Attorney Kathleen Cekanski- Farrand it was determined that there is no conflict of interest. Don Pinckert, Financial Officer, South Bend Police Department, 701 W. Sample Street, South Bend, Indiana, made the presentation for this bill. Mr. Pinckert advised that this bill would appropriate $76,000 from General Fund No. 101 for the purchase of three (3) squad cars and accessory equipment. He stated that the South Bend Police Department has been accumulating monies with the General Fund No. 101 from reimbursed repairs to damaged police equipment, so the acquisition of these squad cars will be covered by that money. The South Bend Police Department plans to purchase three new Dodge Chargers through the Indiana Quantity Purchase Agreement (QPA) at a total cost of about $63,900. He stated that the vehicles will require attachment of special equipment for police special use such as light bars at an additional cost of approximately $12,100.00. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 6 REGULAR MEETING NOVEMBER 9, 2009 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 85-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, APPROPRIATING $2,463,435 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2010, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT BILL NO. 86-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $200,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember White made a motion to combine Bill Nos. 85-09 and 86-09 for purposes of Public Hearing. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Rouse, Chairperson, of the Community and Economic Development Committee and Residential Neighborhood Committee reported that these committees met on Bill No. 85-09 and send this bill to full Council with a favorable recommendation as amended. Additionally, Chairperson Rouse reported that they also met on Bill No. 86-09 and sends this bill to the full Council with a favorable recommendation. Councilmember Derek Dieter disclosed that he is a Member of the South Bend Police Department. He stated that after discussion with Council Attorney Kathleen Cekanski- Farrand it was determined that there is no conflict of interest. Kathleen Cekanski-Farrand, Council Attorney, read the amendment for Bill No. 85-09: Section I. At the end of the paragraph, which is hereby approved and incorporated by reference with respect to the following distributions subject to quarterly progress reports being submitted by Community & Economic Development and all sub recipients. Councilmember Dieter made a motion to accept the amendment. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. th Pamela Meyer, Director, Community & Economic Development Department, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for the bills. Ms. Meyer advised that Bill No. 85-09 would allow for the appropriation of $2,463,435 in 2010 Community Development Block Grant (CDBG) funds. Ms. Meyer stated that the 2010 HCD Action Plan was the subject of a 30-day public comment period that began 7 REGULAR MEETING NOVEMBER 9, 2009 October 2, 2009 and expired November 2, 2009. In addition, the 2010 HCD Action Plan was the subject of two public hearings held on October 14, 2009. Ms. Meyer noted that those comments received during the comment period and public hearings were taken into consideration in developing the final 2010 HCD Action Plan. She stated that this bill complements Bill No. 86-09 which transfers $200,000 in reprogrammed funds and together they allocate new funds in accordance with the 2010 Action Plan of the 2010- 2014 Housing and Community Development Plan. 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 these bills, Councilmember Dieter made a motion for favorable recommendation as amended for Bill No. 85-09. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Dieter made a motion for favorable recommendation for Bill No. 86-09. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember White made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, Chairperson Committee of the Whole 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 7:46 p.m. President Derek D. Dieter presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 9973-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9974-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 109 GARST STREET, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA 8 REGULAR MEETING NOVEMBER 9, 2009 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9975-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT 5 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9976-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9907-09 TO CHANGE THE MUNICIPAL CODE SECTION FROM 2-170.13 TO 2-170.14 This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9977-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $76,000.00 FROM GENERAL FUND #101 TO PURCHASE AND SPECIALLY EQUIP THREE POLICE VEHICLES This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9978-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, APPROPRIATING $2,463,435 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2010, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 9 REGULAR MEETING NOVEMBER 9, 2009 This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Rouse made a motion to pass this bill as amended. Councilmember Varner seconded the motion which varied. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9979-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $200,000 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Rouse made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3999-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1101 EAST JEFFERSON BOULEVARD ALSO KNOWN AS 1113 ½ JEFFERSON BOULEVARD, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires 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 pursuant to I.C. 36-7-4-918.6; 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: 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: A part of the Northwest Quarter of Section 7, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the northwest corner of said Northwest Quarter of Section 7; thence South 00°16’45” East along the west line of said quarter, a distance of 129.33 feet to the northeast corner of the Northeast Quarter of Section 12; Township 37 North, Range 2 East; thence South 00°13’54” East along aid west line, a distance of 712.78 feet to the point of intersection of said west line with the south right-of-way line 10 REGULAR MEETING NOVEMBER 9, 2009 of Colfax Street, projected westward; thence North 89°45’53” East along said south line, a distance of 179.25 feet to the point of beginning; thence continuing North 89° 45’53” East along said south line, a distance of 199.38 feet to the northwest corner of Lot 10 as shown on the recorded plat of Sunnyside Minor Subdivision in the Office of the Recorder of St. Joseph County, Indiana in Plat Book 22, Page S-11; thence South 00°20’52” East along the west line of said subdivision and the west line of Sunnyside Subdivision (Unrecorded), a distance of 893.11 feet to a point on the north right-of-way line of Jefferson Boulevard; thence for the next two course along said north line, the first course being along a nontangent curve to the right having a radius of 1987.73 feet, a central angle of 06°13’58” and limited in length by a chord which bears South 86°59’05” West, a distance of 216.12 feet; thence South 89° West, a distance of 104.57 to said north line’s intersection with the east right-of-way line (60’ east half right-of-way) of Eddy Street; thence North 00°13’54” West along said east line, a distance of 720.22 feet; thence North 89°46’01” East, a distance of 118.82 feet; thence North 00°05’51” West, a distance of 183.64 feet to the point of beginning containing 6.11 acres more or less in order to permit off site parking for the building on the adjacent lot. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 5. The special exception use to allow offsite parking on Lot 2 for the building on Lot 1 is essential to the continued presence of the School and Church on Lot 1 and strict application of the terms of the zoning ordinance and denial of the variance will create an untenable hardship; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and due to the lack of a quorum sends this bill to the full Council with no recommendation. Mr. Mark Lyons, Assistant Zoning Administrator, presented the report from the Area Board of Zoning Appeals. 11 REGULAR MEETING NOVEMBER 9, 2009 Mr. Lyons advised that the petitioners are seeking a special exception to permit off site parking for the building on the adjacent lot. He stated that the Area Board of Zoning Appeals held a Public Hearing on October 7, 2009 and sends this bill to the Common Council with a favorable recommendation. Mr. Bernard Feeney, Registered Land Surveyor, 715 S. Michigan Street, South Bend, Indiana, made the presentation on behalf of First Christian Church and Good Shepherd Montessori School. He stated that the reason for this petition is that the First Christian Church membership for the last several years has experienced dwindling membership while at the same time the Good Shepherd Montessori School which is also an occupant of the building has seen their student body increasing. Mr. Feeney advised that First Christian is selling the building to Good Shepherd. He noted that First Christian would continue to occupy the church portion for their weekly and daily services and Good Shepherd would continue the operation of the Montessori School. Mr. Feeney stated that Good Shepherd sought and received their financing for the project and as a condition to the financing it was necessary that a parking lot be created on the Colfax frontage. He advised that there will be no physical changes to the property whatsoever. He stated that this just really creates a new lot line, which creates updating things and everything else remains the same. 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 Rouse made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 09-60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 616 N. ST. PETER STREET Councilmember Varner made a motion to continue this bill until the November 23, 2009, meeting of the Council at the request of the Petitioner. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4000-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS VACANT LAND IMMEDIATELY BEHIND 2630 PRAIRIE AVENUE (PRAIRIE APARTMENTS-PHASE II) AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN- YEAR REAL PROPERTY TAX ABATEMENT FOR PRAIRIE APARTMENTS HOUSING PARTNERS II, L.P. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and 12 REGULAR MEETING NOVEMBER 9, 2009 WHEREAS, a Declaratory Resolution designated the area commonly known as Vacant Land Immediately Behind 2630 Prairie Avenue (Prairie Apartments - Phase II), South Bend, Indiana, and which is more particularly described as follows: Outlot B Hollingsworth Prairie Avenue, Minor Subdivision, Instr. #0654912 and which has Key Number 018-8153-5514.05, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization 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 confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (10) ten years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. William Hollingsworth, Equal Development, LLC., 12557 Branford Street, Carmel, Indiana, made the presentation for this bill. Mr. Hollingsworth advised that they intend to construct a 96-unit, multi-family housing project. He stated that the estimated cost of Phase II construction is $8,000,000. 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 Puzzello made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 13 REGULAR MEETING NOVEMBER 9, 2009 RESOLUTION NO. 4001-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1015 NORTH FRANCES STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PETER AND NANCY KILPATRICK 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 1015 North Frances Street, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 1, Township 37 North, Range 2, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # B of the Plat of “Frances Street Minor Subdivision” recorded as Document No. 0835847 in the Records of the St. Joseph County, Indiana Recorder’s Office. Containing 0.185 acres more or less. Subject to all legal highways, easements & restrictions of record. , and this property has Tax Key Number 18-5105-3672.01be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s 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 seq., 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. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or 14 REGULAR MEETING NOVEMBER 9, 2009 C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this 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 seq. 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/Derek D. Dieter Member of the Common Council Mr. Dale DeVon, 17871 St. Rd. 23, South Bend, Indiana, made the presentation on behalf of the owners Peter and Nancy Kilpatrick. Mr. DeVon advised the owners intend to construct an approximate 3,500 square foot home. He stated that total taxed to be abated during the five (5) year abatement are estimated at $2,216 and total taxes to be paid during the five (5) year abatement are estimated at $33,746. A Public Hearing was held on the Resolution at this time. 15 REGULAR MEETING NOVEMBER 9, 2009 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 87-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $450,000.00 FROM EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND NO. 288 FOR THE PURCHASE OF EMERGENCY DRIVER TRAINING SIMULATORS PURSUANT TO A U.S. DEPARTMENT OF HOMELAND SECURITY GRANT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on November 23, 2009. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 88-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $462,457.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2009 FOR VARIOUS EXPENDITURES This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on November 23, 2009. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 89-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $177,750.00 FROM THE GENERAL FUND (#101) IN 2009 FOR THE OFFICE OF ENERGY 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 November 23, 2009. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. 16 REGULAR MEETING NOVEMBER 9, 2009 BILL NO. 90-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE RUSHTON APARTMENTS AND LOCATED AT 501 WEST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 23, 2009. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS Councilmember Karen White advised that she is extending the dealing for applications to the 2009/2010 Youth Advisory Council until Monday, November 23, 2009. Applications can be obtained on the City’s website www.southbendin.gov and at the Office of the th South Bend City Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, 46601. NEW BUSINESS Councilmember Henry Davis stated that he has sent out a letter to the St. Joseph County Health Department asking for an update on the H1N1 Vaccines. Councilmember Henry Davis commended Lauren Miller and Malcom White, two Washington High School students who were headed for their car after the University of Notre Dame women’s basketball game when a passenger in a nearby car became ill and stopped breathing. He stated that Lauren and Malcom had learned CPR in a high school class six weeks earlier and performed rescue breaths and chest compressions keeping the stricken woman alive until the ambulance crew arrived. Councilmember Timothy Rouse acknowledged the passing of the late Entee Shine. Entee was a former City of South Bend Water Works Employee and an All-State honors basketball player at South Bend Central High School. He noted that he will sponsor a Resolution at the next City Council Meeting honoring the life of the late Entee Shine. PRIVILEGE OF THE FLOOR Ms. Heidi Sunje Bell, 252 N. Sheridan, South Bend, Indiana, spoke regarding the untimely death of her son, Phillip O. Bell. She stated that her son was shot and killed while he was walking in the 600 Block of Birdsell Street. She stated that she contact Councilmember Henry Davis and explained that the street lights in that block are not working and that it is very dark on that street. She stated that there are many vacant and abandoned homes in that block, but there still should be adequate lighting. She advised that her son was visiting South Bend and two hours before he was killed, signed up for military service. Ms. Bell encouraged the formation of neighborhood watch groups to keep neighbors informed and to report anything suspicious. Councilmember’s Kirsits, Rouse, Varner, White, Dieter and Henry Davis offered their condolences to Ms. Bell. 17 REGULAR MEETING NOVEMBER 9, 2009 Mr. Henry Davis, Sr., 215 N. Sheridan, South Bend, Indiana, advised that the City of South Bend needs to help these kids living in hopeless situations at home. They need to provide more programs to help keep the youth in South Bend active and deter them from getting caught up in gang activity. Mr. George Lane, 2405 S. Division Street, Mishawaka, Indiana, advised that he is the coordinator of Citizens for the Accountability of Government, Inc., and that he is representing Public Access Michiana. Mr. Lane stated that Public Access Michiana is a non-profit organization for the purpose of maintaining and administrating a facility, which will provide a studio for the public. This studio will enable the people of the community to create their own programs for broadcast of their own ideas and to find out what is happening in and around their area over the (PEG) Cable Channel 99. Mr. Lane asked the Council for their support and asked to write a letter supporting Public Access Michiana. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 8:27 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 18