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HomeMy WebLinkAbout04-12-10 Common Council Meeting Minutes REGULAR MEETING APRIL 12, 2010 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, April 12, 2010 at 7:00 p.m. The meeting was called to order by Council Vice-President Oliver Davis and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Thomas LaFountain 3rd District Henry Davis, Jr. 2nd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large Karen L. White At-Large Absent: Derek D. Dieter 1st District, President OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk 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 March 22, 2010 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 White made a motion that the minutes of the March 22, 2010 meeting of the Council be accepted and placed on file. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS Vice-President Oliver Davis acknowledged and welcomed the Journalism Class from Indiana University South Bend. RESOLUTION NO. 4022-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING MICHAEL SMITH FOR BEING SELECTED TO THE 2010 MEN’S SILVER ANNIVERSARY TEAM Whereas, the Common Council of the City of South Bend, Indiana, recognizes that the Indiana Basketball Hall of Fame Museum is located in New Castle, Indiana ; and Whereas, the Indiana Basketball Hall of Fame Museum captures the rich tradition of Indiana basketball---from high school to college and those who have gone on to 1 REGULAR MEETING APRIL 12, 2010 professional careers---by exploring “Hoosier Hysteria” and preserving the heritage of the game and the men and women who have played and coached the game of basketball; and Whereas, on March 24, 2010, the Indiana Basketball Hall of Fame’s Annual Men’s Banquet was held in Indianapolis, Indiana, where the 2010 Men’s Silver Anniversary Team were honored, with each member having been selected based on his “outstanding accomplishments as a senior basketball player 25 years ago” and Whereas, the South Bend Common Council is especially proud to recognize and honor Michael Smith, who was selected as one of eighteen athletes for their outstanding basketball achievements in 1985. As a senior at South Bend LaSalle High School, Michael Smith was named an Indiana All Star who averaged 22.3 points, with 8.2 rebounds; and scored a total of 1,050 career points in his high school basketball career; and then went on to play basketball at the University of Notre Dame and Indiana State University. , Now, Therefore, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates South Bend LaSalle High School graduate and 1985 Indiana All-Star basketball player, MICHAEL SMITH, for being selected to the 2010 Men’s Silver Anniversary Team by the Indiana Basketball Hall of Fame. Section II. The Common Council sincerely thanks MICHAEL SMITHfor the honors he has brought to his alma mater, the City of South Bend, and himself. The Council wishes MICHAEL SMITHand his family, only the best in the years ahead. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney Attest: Adopted this 12 day of April, 2010 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Henry Davis, Jr. 5117 Idlewood Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Mr. Michael Smith. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. Smith thanked the Council for this honor. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE 2 REGULAR MEETING APRIL 12, 2010 At 7:08 p.m. Councilmember Rouse made a motion to resolve into the Committee of the Whole. Councilmember White 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. PUBLIC HEARINGS BILL NO. 13-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2301 MIAMI STREET, INCLUDING ADDRESSES 2303 MIAMI STREET, 1026 AND 1034 E. EWING AVENUE WITHIN SAID BUILDING, COUNCILMANIC DISTRICT THREE (3) IN THE CITY OF SOUTH BEND, INDIANA Councilmember Al “Buddy” Kirsits, Chairperson, Zoning and Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner is requesting a zone change from MU Mixed Use District to LB Local Business District to allow an aquarium shop (pet store) and all other uses allowed under the Local Business Zoning classification. She stated that on site is a multi-tenant building. Current tenants are Upscale Trends and Bead Creative. To the north is the Tutt Branch of the St. Joseph County Public Library zoned MU Mixed Use District and SF2 Single Family and Two Family District. To the east is a liquor store zoned LB Local Business District. To the south is a fabric store zoned MU Mixed Use District. To the west are single family homes zoned SF2 Single Family and Two Family District. Ms. Nayder further noted that there are two plans for the Miami Street Corridor. The Miami Street Commercial Corridor Revitalization Action Plan (2000), and an informal 2007 future land use plan for Miami Street that recommends that the 2301 Miami parcel be used for low-intensity commercial and/or residential use with minimal setbacks. She stated that the City Engineer stated the parking area must have storm water retention. The parking area and alley must be paved to the south property line. Parking spaces must be outside of right of way. She stated that the most desirable use and past uses of the building have been service and small retail, which should continue. It is the staff’s opinion that the surrounding property values should not be adversely affected. She noted that allowing local business zoning will open up the number of uses allowed at this site. The site is too small to support the more intense uses of Local Business that may be objectionable to the neighborhood. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Rezoning to Local Business will support a wider variety of businesses beneficial to the neighborhood, and allow the adaptive re-use of the older commercial space, furthering the reinvestment in the existing building and neighborhood. She stated that the Commission held a public hearing on this bill on Tuesday, March 16, 2010 and sends it to the Common Council with a favorable recommendation. Ms. Ocie Brazier, 1345 Clayton Drive, South Bend, Indiana, made the presentation for this bill. Ms. Brazier stated that the rezoning is requested to allow for an aquarium shop; because it is considered a pet shop it needs to be rezoned from MU Mixed Use District to LB Local Business District. 3 REGULAR MEETING APRIL 12, 2010 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. Kevin Bendit, 1009 Queensboro, Mishawaka, Indiana, spoke in favor of the bill. He stated that he the co-owner of the aquarium shop. He stated that it would be just fresh water fish and salt water fish. He asked the Council for their favorable recommendation. There was no one else present wishing to speak in favor or in opposition to this bill. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 14-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2411 SOUTH MAIN STREET SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Al “Buddy” Kirsits, Chairperson, Zoning and Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner is requesting a zone change from LI Light Industrial to LB Local Business District to allow a retail store. On site is an existing building and parking area. To the north is a water conditioning business zoned Li Light Industrial District. To the east is a vacant office and bank parking lot zoned LB Local Business District, and an electric substation zoned LI Light Industrial District. To the south is the office of the Sheet Metal Workers Union zoned LI Light Industrial District. To the west are railroad tracks (unzoned). She stated that at one time, this was the site of a Kroger Store. There have been several rezoning petitions on this property. In 1969, it was rezoned from E Heavy Industrial to C Commercial for retail. In 1987, it was rezoned from C Commercial to C Commercial for retail uses/offices. In 1989, it was rezoned from C Commercial to D Light Industrial for a commercial and industrial mechanical contractor. Ms. Nayder stated that retail is a good use since it meets the objectives of City Plan and the South Gateway Commercial Corridor Action Plan. She noted that it is the staff’s opinion that nearby property values should not be adversely affected. The proposed development is a good example of adaptive reuse. Not only is the building currently vacant, but it is also retaining a local business by allowing that business to relocate and expanded into a larger space. She stated that the staff recommends that the petition be sent to the Council with a favorable recommendation. Ms. Nayder advised that the Area Plan Commission held a public hearing on this bill on Tuesday, March 16, 2010 and sends this bill to the Council with a favorable recommendation. Mr. Michael Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation on behalf of 2411 LLC and Wedgar, Inc. Mr. Danch advised that his clients are requesting the approval of a rezoning for property located at 2411 South Main Street. This rezoning would allow for the re-location of the Habitat for Humanity ReStore facility presently located on Sample Street. Mr. Danch advised that his clients believe that this new location will provide them with additional building square footage for the display items and ample parking for their patrons. The facility would fit well along this portion of Main Street with its existing mixed uses and nearby residential neighborhoods. He further noted that at the Corner of Main & Ewing Streets landscaping & trees will be added along the parking area. Mr. Danch advised that they will be working on restriping the parking area as well. 4 REGULAR MEETING APRIL 12, 2010 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Puzzello asked when the relocation would take place. Mr. Danch stated that they anticipate in the next few months. Councilmember Rouse questioned the ingress/egress off the north portion of the parking lot. He wondered if there were any concerns making a left hand turn to go west onto Ewing Avenue. Mr. Danch stated that he anticipates no problems and is comfortable with the traffic light at the intersection of Ewing and Main Streets. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember White made a motion for favorable recommendation to full Council concerning this bill. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 07-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN’S ALLEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST/WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH/SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 5 FEET. SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation subject to an amendment agreement. Council Attorney Kathleen Cekanski-Farrand read into the record the amendment: To re- number Section 5 to Section 6. New Section 5. This vacation is subject to a signed agreement between the City of South Bend, Michigan Street, LLC and Target Leasing Corporation concerning the alley vacation and use of property being filed with the Office of the City Clerk. Councilmember Varner made a motion to amend this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Bradley J. Toothaker, President, CB Richard Ellis, 202 S. Michigan Street, Suite 200, South Bend, Indiana, made the presentation for this bill. Mr. Toothaker advised that the purpose of the vacation of real property is to add an additional row of parking as part of the 101 N. Michigan Street project. He stated that the request is solely intended to reclaim a small portion that was once part of the property, while clearly desiring to preserve the pedestrian walkway as it exists and see enhancement to it, as it is clearly an asset. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 5 REGULAR MEETING APRIL 12, 2010 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember White made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 12-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF LAPORTE AVENUE ALONG COLFAX AVENUE TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 8 FEET Councilmember Varner made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 17-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF LAUREL STREET FROM THE VACATED PERKINS STREET TO THE END OF THE LAUREL STREET CUL-DE-SAC Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Terance Lang, Lang, Feeney and Associates, Inc., 715 South Michigan Street, South Bend, Indiana made the presentation for this bill. Mr. Lang advised that the vacation is requested for the south 147’ +/- and the cul-de-sac portion of Laurel Street all lying north and adjacent to the Penn Central Railroad. Mr. Lang stated that on behalf of the Salvation Army Ray & Joan Kroc Corps. Community Center, they wish to vacate that portion of Laurel Street to help facilitate sufficient parking for the center. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Rouse asked if the parking lot would be for public use. Mr. Lang advised that could be something subject to an easement agreement. Mr. Lang agreed subject to an easement agreement as represented by the petitioner being filed with the office of the City Clerk. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill subject to an easement agreement as represented by the petitioner being filed with the office of the City Clerk Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis.) RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 6 REGULAR MEETING APRIL 12, 2010 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 7:39 p.m. Vice- President Oliver J. Davis presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 10005-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2301 MIAMI STREET, INCLUDING ADDRESSES 2303 MIAMI STREET, 1026 AND 1034 E. EWING AVENUE WITHIN SAID BUILDING, COUNCILMANIC DISTRICT THREE (3) IN THE CITY OF SOUTH BEND, INDIANA 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. 10006-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2411 SOUTH MAIN STREET SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello 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. 10007-10 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN’S ALLEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST/WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH/SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 5 FEET. SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY 7 REGULAR MEETING APRIL 12, 2010 This bill had third reading. Councilmember Rouse made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner 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 carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10008-10 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF LAUREL STREET FROM THE VACATED PERKINS STREET TO THE END OF THE LAUREL STREET CUL-DE-SAC This bill had third reading. Councilmember Rouse made a motion to pass this bill subject to an easement agreement as represented by the petitioner being filed with the Office of the City Clerk. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis.) RESOLUTIONS RESOLUTION NO. 4023-10 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 1939 CHARLES STREET, SOUTH BEND, INDIANA 46637 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: 1939 Charles Street, South Bend, Indiana 46637 In order to permit: Off-site parking in a “SF-1” District 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. 8 REGULAR MEETING APRIL 12, 2010 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 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 Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Mark Lyons, Assistance Zoning Administrator, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the reported from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioners are seeking a Special Exception to allow off site parking in a “SF1” District on property located at 1939 Charles Street. Mr. Lyons advised that the Area Board of Zoning Appeals held a Public Hearing on March 3, 2010 and sends this bill to the full Council with a favorable recommendation. Mr. Patrick S. Brown, ASLA, LEED-AP, SiteScaptes, Inc. 1003 Lincolnway West, Mishawaka, Indiana, made the presentation on this bill on behalf of the Petitioner FTC Properties, LLC. Mr. Brown advised that the petitioner is seeking the special exception to allow the use of the petitioner’s property at 1939 Charles Street to expand an existing employee parking area of the adjoining Wissco Irrigation Co., Inc. operation at 1820 South Bend Avenue. The properties adjoining to the east and west are jointly owned by common parties. Mr. Brown stated that it is the intent of the Petitioner to expand the existing paved, landscaped, fenced and screened parking area to accomplish the expansion of the operations and to allow for the hiring of additional employees and their parking. 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 Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 9 REGULAR MEETING APRIL 12, 2010 BILL NO. 10-15 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION Councilmember Varner made a motion to continue this bill until the April 26, 2010 meeting of the Council at the request of the petitioner. Councilmember Henry Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 18-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 220 S. TAYLOR STREET COUNCILMANIC DISTRICT COUNCIL DISTRICT #2 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 19-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW FUND (#436), THE NORTHEAST NEIGHBORHOOD RESIDENTIAL TIF FUND This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on April 26, 2010. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 20-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING THE SUM OF $71,000.00 FROM COLLEGE FOOTBALL HALL OF FAME CAPITAL FUND (#677) FOR THE HALL OF FAME BUILDING’S REPAIRS, MAINTENANCE, OR CAPITAL REPLACEMENT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on April 26, 2010. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 10 REGULAR MEETING APRIL 12, 2010 BILL NO. 21-10 FIRST READING OF A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $353,437.00 FROM THE PARKS AND RECREATION FUND (#201) TO EMPLOY SEASONAL LABORERS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on April 26, 2010. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 22-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER ALONZO WATSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE CIVIL CITY OF SOUTH BEND This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on April 26, 2010. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis.) UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Councilmember Varner thanked the Council and City Clerk’s Office for their condolences on the loss of his mother Marlys J. Varner. Councilmember Henry Davis stated that he would like to get some information regarding Combined Sewer Overflows (CSO’s) at Kennedy Park & Bonds Avenue. He would like to know when this project came about. He stated that he believes this project happened before he came on the Council and has heard a lot of rumors circulating around that the plans have changed from when they were originally presented. He also questioned no curbs at Kennedy Park and no median on Westmoor. Council Attorney Kathleen Cekanski-Farrand suggested that Councilmember Henry Davis coordinate with Public Works Director Gary Gilot. Mr. Gilot stated that there were a series of three meetings held with neighbors on the proposed CSO project at Bendix and Olive. He stated that the neighbors wanted green solutions versus gray solutions and may be confused and don’t fully understand the plan entirely. He stated that he would get Councilmember Davis the information and keep him in the loop. PRIVILEGE OF THE FLOOR Jerry Niezgodski, 2930 Bonds Avenue South Bend, Indiana, stated that he also has nd concerns regarding the CSO in the 2 District. He would like to have a presentation made at the Lincolnway West Gateway Association Meeting. Mr. Niezgodski also stated that he would like an up on LaSalle Square. Councilmember Rouse interjected that he is confused about LaSalle Square also and wondered if Rev. Eddie Miller, Pastor, Faith Apostolic Church, who owns property at 11 REGULAR MEETING APRIL 12, 2010 LaSalle Square has ever been contacted or involved in any of the discussions on LaSalle Square. Mr. Niezgodski stated that Pastor Frazier and Pastor Miller own all the “sea of asphalt” or parking lot at LaSalle Square. He stated that the Senior Living Center that was to be located at LaSalle Square has fallen through. However, he would still like to get all the stakeholders together to continue discussion regarding LaSalle Square. Mr. Brooks, 1820 S. Michigan Street, South Bend, Indiana, stated that he is with the Practical Christianity Ministries, a place where ex-offenders can learn to be re-oriented back into the working environment. He invited the Council to their Open House on Thursday, April 15, 2010 from 12-8 p.m. Jim Frick, 61500 Ironwood Drive, South Bend, Indiana, spoke regarding the Practical Christianity Ministries (PCM). He stated that PCM’s is proposing a South East Neighborhood Revitalization Program: He stated that to guarantee success they need three diverse groups to participate in this program: The City of South Bend needs to supply the start up costs. The South Gateway Association will supply the financial over site and member businesses will supply professional services such as accounting (they would provide monthly financial statements), insurance, real estate acquisition and sale. Practical Christianity Ministries will supply the labor and professional construction expertise. He stated that the target area is Broadway to Ewing, and Michigan St. to Miami St. and want to start first in the 100, 200, 300 blocks of Calvert, Milton, Dayton, and Dubail Streets. This neighborhood has been infected with gangs, prostitutes, and drug dealers for many years. He stated that they have a step by step plan to address each problem that now exists. There goals are to provide housing and vocational training for their clients, help revitalize the neighborhood and provide a productive tax revenue source for the City of South Bend. He stated that they need a $500,000 grant, $200,000 for 2010, another $200,000 for 2011, and the final $100,000 in 2012. He stated that they should be self sufficient after the initial investment in three years or less. The grant will be used for construction projects only. He emphasized that not one penny will be used to fund salaries of the ministry. He stated that hourly wages will be paid out of this fund. The first $100,000 will be used to clean up and control the 100 block of E. Milton Street. He stated that 1. Purchase 115 E. Milton Street for approximately $50,000. This property houses wild boy’s street gang. The house is currently for sale. They will make this house into their home for 90 days for their clients. They will live there free for 90 days after release from prison. In return they will work free for the ministry and attend classes in the evening during this period of time. 2. After 90 days, those individuals that have the desire, ability and enthusiasm to work in our construction company will be paid and further trained to rehab and build new homes. Their income will increase with their ability. He stated that it is their desire to have their clients eventually become home owners in the neighborhood. 3. He stated that they want to purchase, then rehab or demolish the next three vacant homes on this block. Every home will be totally redone (mechanicals, roof, siding, doors, windows, everything) be energy efficient and should sell for low to mid forties. 4. He stated that they must take control of the neighborhood block by block. No tolerance for criminal activity. All of their homes sold to owner occupants only. They can help quality homeowners in this neighborhood with repairs like Christmas in April. He stated that they will build new homes on vacant lots supplied to us by the city. They already have a design in mind that would sell for under $60,000 (1600 sq. ft., two story, three bedroom, one & half baths, living room, dining room, kitchen, full basement, front porch) a little more money with a two stall garage. He stated prices need to be initially as inexpensive as possible to create demand for this area. 6. South Gateway Association businesses will be given the opportunity to bid on the plumbing, heating electrical, and foundation work on projects. 7. They would like to build a model home at 1816 S. Michigan Street. The cost of building this model will not come from the grant. They will raise the money from a different source. Mr. Frick stated that after they finish the 100 block of Milton Street they will target an adjacent block to control and revitalize with the next $100,000. Once they get 10 or so houses finished, the criminal activity reduced, and media attention on what they are accomplishing, other contractors may want to participate in this neighborhood. They will gradually increase their profits as the neighborhood improves and the property values stabilize. They do not believe tax abatements are necessary to sell the homes. 12 REGULAR MEETING APRIL 12, 2010 Craig Bruce, 816 W. LaSalle Avenue South Bend, Indiana, spoke regarding his concerns regarding the rapid decline of homes in his neighborhood. He stated that there are many vacant lots that are being used as dump sites (submitted pictures on file with the Office of the City Clerk.) He stated that homeowners in the neighborhood are having a difficult time keeping their own properties clean. He stated that at one time the neighborhood was great however, now it is on the downward spiral. Mr. Bruce stated that he is here tonight because he feels that he has exhausted all avenues. He stated that he walked within a two (2) block radius of him home and found nineteen (19) homes with code violations. He asked the Council to encourage the Department of Code Enforcement and its Director, Catherine Toppel to be more aggressive on these habitual violators. Councilmember Henry Davis questioned how Code Enforcement notifies the property owners of the violations. Councilmember Karen White, Chairperson, Health and Public Safety Committee, stated that she will conduct a meeting to address these issues. She stated that the Council needs to bring about change for the City and it’s citizens. Councilmember Varner stated that the Mayor needs to be notified also. Councilmember Kirsits noted that Bill No. 21-10 on tonight’s Council agenda under first readings is an appropriation from the Parks and Recreation Fund to employ seasonal laborers. He questioned whether or not some of that money could be used to employ people to help clean up the various neighborhoods. Michael Novak, 816 W. LaSalle Avenue, South Bend, Indiana, reiterated that his neighborhood has seen a tremendous decline in property values due to the excessive amounts of trash, debris and vacant and abandoned homes. He stated that a friend owns a bed & breakfast in the neighborhood and is losing business. He stated that they get clients to make reservations and after they drive around the neighborhood to get to the bed & breakfast they immediately want to cancel their reservations because they are too afraid to say in such a dilapidated area. Marissa Scalia, 905 W. Colfax Av., South Bend, Indiana, stated that the neighborhood has serious safety issues. She stated that she is afraid to walk at dusk because the neighborhood is not a safe environment. She asked to start with small steps and ask Code Enforcement to step up and enforce. She stated that they need to bring back various retail to the neighborhood, like a drug store or a grocery store. She stated that the area has potential and hoped that Councilmember White means what she says. ADJOURNMENT There being no further business to come before the Council, Vice-President Oliver J. Davis adjourned the meeting at 8:40 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Oliver J. Davis, Vice- President 13