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HomeMy WebLinkAbout05-10-10 Common Council Meeting Minutes REGULAR MEETING MAY 10, 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, May 10, 2010 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 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 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 April 26, 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 April 26, 2010 meeting of the Council be accepted and placed on file. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 4026-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING MAY 7, 2010 THROUGH MAY 15, 2010 AS LAW ENFORCEMENT MEMORIAL WEEK IN SOUTH BEND, INDIANA Whereas, the Common Council of the City of South Bend, Indiana, notes that 126 law enforcement officers died in the line of duty in 2009; with the average age of such officers being 39 with a tour of duty being 11 years and 3 months; plus there were over 60,000 criminal assaults committed which resulted in 15,000 injured police officers; and 1 REGULAR MEETING MAY 10, 2010 Whereas, tragically, the very soul of so many communities and the lives of each officer’s family and friends have been permanently affected; with gunfire being the leading cause of deaths in the line of duty, and multiple-fatality shootings rising by 23% over the previous year and being the highest since 1981; and Whereas, the Common Council notes that the National Law Enforcement Officers Memorial in Washington, D.C., honors over 18,000 of America’s federal, state and local law enforcement officers who have been killed in the line of duty; with this annual week of memorial services beginning in 1962 when President John F. Kennedy th designating each May 15 as Peace Officers’ Memorial Day requiring all American flags lowered to half-staff and week-long activities to honor these Fallen Heroes; and Whereas, the South Bend Common Council further recognizes that on Friday, May 7, 2010 at 8:00 p.m., the Fraternal Order of Police, Lodge # 36 held their annual tribute and memorial service at our Police Department Headquarters, to honor all of the South Bend Police Department Officers who have given their lives in the line of duty. On behalf of a grateful South Bend community, we honor these very special police officers: Hans Brandt Fred E. Buland Oscar Christenson Samuel Cooper Paul R. Deguch Thomas J. DeRue, Sr. Charles E. Farkas, Sr. Lewis Keller Neil McIntyre Nick S. Polizzotto Ronald St. Germain, Sr. Scott Lee Severns Delbert Thompson Lloyd Thompson Howard Wagner The Common Council hereby rededicates itself to assisting the families and friends of each of our fallen officers in helping them rebuild their lives and helping to assist their co-workers on the South Bend Police Department. 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 commemorates and gratefully honors each of the fifteen (15) members of the South Bend Police Department who made the ultimate sacrifice while serving and protecting the residents of the City of South Bend, Indiana. Section II. The South Bend Common Council honors each of our fifteen fallen police heroes who each have had their 10-42 called out; all of the fallen law enforcement officers across the country, and all of their families, friends and colleagues who have been left behind; not because of the way each of them died, but rather because of the way each of these dedicated police officers lived and performed their police duties during their law enforcement careers. th Section III. The Common Council hereby declares the week of May 7 through th May 15, asLaw Enforcement Memorial Week in South Bend, Indiana. The Common Council urges all citizens to remember those who have given their lives while serving as part of the “thin blue line” standing between the lawful and the lawless. The Council honors all of the dedicated men and women of the South Bend Police Department currently serving and those who have served in the past, for their dedication and commitment to making our community safe. 2 REGULAR MEETING MAY 10, 2010 Section IV. 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 th Attest: Adopted this 10 day of May, 2010 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Council Members White and Puzzello, made the presentation for this Resolution by first offering their comments and then reading the Resolution in its entirety and presenting it to Chief Jeffrey Walters, South Bend Police Department. A Public Hearing was held on the Resolution at this time. Chief Jeffrey Walters, South Bend, Police Department, 701 W. Sample Street, South Bend, Indiana, thanked the Council on behalf of Chief Darryl Boykins and of all the members of the South Bend Police Department for this resolution. He stated that the fifteen names on the monument left home and their families that day to go to work to serve and protect to never return home. The following individual spoke in favor of this bill. Mr. Sylvester Williams, 702 Lincolnway West, South Bend, Indiana, stated that he was visiting in Detroit a week ago, when five (5) police officers were dispatch to a call to a potential drug house when the people inside opened fire killing one (1) police officers and wounding four (4). He commended the men and women of the South Bend Police Department and hopes that the citizens realize the job of good policing and support the South Bend Police Department. There was no else 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 by acclamation. Councilmember Oliver Davis seconded the motion which carried. COUNCILMEMBER OLIVER DAVIS PUBLICLY THANKED THE WESTERN SOUTH BEND KIWANIS Councilmember Oliver Davis thanked the members of the Western South Bend Kiwanis Club and their Director, Ms. Clark. Councilmember Oliver Davis stated that the Western th South Bend Kiwanis Club has been diligently beautifying the 6 District by having clean th and spruce up days in the neighborhoods within the 6 District of South Bend. REPORTS OF CITY OFFICES DEPARTMENT OF PUBLIC WORKS UPDATE – GARY GILOT; SAM HENSLEY th Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, gave a 2010 Street Department Highlights and Preliminary Paving List power point presentation to the Council. A copy of the presentation is on file in the Office of the City Clerk. 3 REGULAR MEETING MAY 10, 2010 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:32 p.m. Councilmember Henry Davis 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. 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. 15-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 521 ECLIPSE PLACE, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 2, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & 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. th Derek Spier, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Spier advised that the petitioner is requesting a zone change from SF2 Single Family and Two Family District to GB General Business District to allow for a City operated animal shelter. On site is a vacant city owned structure and parking area zoned SF2 Single Family and Two Family District. To the north is Kennedy Park zoned SF 2 Single Family & Two Family District. To the east is Kennedy Park zoned SF2 Single Family and Two Family District. To the south is the Bosch manufacturing plant zoned LI Light Industrial District. To the west is a parking area zoned LI Light Industrial District and single-family residences zoned SF2 Single Family and Two Family District. The total area of the site if 6.19 acres. The existing building will be expanded to a 9,945 square feet structure covering 3.9% of the site. A majority of the existing parking will be removed. A new 32 space public parking area and a 20 space employee and service parking area both covering 36,390 square feet or 13.5% of the site, will be constructed. Open space will total 5.07 acres or 81.9% of the site. Two access points will be provided along Eclipse Drive. Variances requested by the petitioner for the location of the parking area, access drive, and recreational trail, and for reduced landscaping was considered and approved by the Area Board of Zoning Appeal on April 7, 2010. Mr. Spier stated that the existing structure has been located on this site for approximately 70 years. He stated that Eclipse Drive is a two lane private street providing access through Kennedy Park from Bendix Drive to the south to Westmoor Street to the north. The proposed structure will continue to be served by municipal sewer and water. He stated that the proposed site is located within Kennedy Park at the northeast corner of Bendix Road and Goodland Avenue. It includes an approximate 5,300 square foot building which served as a maintenance facility for the Department of Code Enforcement until 1996. A majority of the site is currently covered with an existing parking lot. Eclipse Drive provides access to the existing building. The prior and proposed governmental use of the site meets the objectives of City Plan to enhance city services and therefore, continued governmental use of the site is desirable. The proposed redevelopment of a vacant city owned structure is a positive example of adaptive reuse. The new larger animal shelter will expand the current services provided to the community. Mr. Spier summarized that rezoning the site to General Business will allow the city to redevelop a vacant city owned structure into a community asset. The new animal shelter will enhance and expand the services, which 4 REGULAR MEETING MAY 10, 2010 are currently provided by South Bend Animal Control, and will blend in with the balance of the uses within Kennedy Park. Mr. Mike Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill. Mr. Danch advised that this rezoning is to allow for the new Animal Shelter for the City of South Bend. The location is at the southwester corner of Kennedy Park. He stated that the existing building will be added onto along with reducing the 2 ½ acres of parking area down to 30 spaces. Visitor parking will be on the south side of the building. On the north will be a secure parking lot for the City employees. Access will be off Eclipse Place. th Ms. Catherine Toppel, Director, Code Enforcement, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, spoke in favor of the bill. Ms. Toppel advised that she wanted to address the noise issue. She stated that there will be no outdoor runs. All kennels will face inward and be open above (skyward), but not visible from the street. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of the bill: Ms. Valerie Schey, 1314 E. Wayne Street North, South Bend, Indiana, spoke in favor of this bill. Ms. Schey advised that she is Founder and President of CARE of South Bend. She stated that after moving here she began volunteering at various shelters and after some not so pleasant experiences at the St. Joseph County Human Society, she started volunteering at South Bend Animal Control and found them to much more cooperative. At that time she noticed that Animal Control needed to raise money and donations to help build a new facility for the many animals that the City takes in each year. Ms. Schey stated that she founded C.A.R.E. (Community Animal Rescue Effort of South a not for profit, 501(C) 3 organization that was incorporated in June of 2008. She stated that it was created to serve an unmet need for the South Bend Animal Shelter, C.A.R.E. works to support South Bend Animal Care Control (SBACC) through volunteer and fundraising activities. The funds raised will go toward providing assistance with the cost of medical care for the animals at SBACC. She noted that some of those expenses are spay and neuter surgeries, routine, as well as, emergency medical care (when needed) and assistance for the animals in the care of SBACC Foster Homes. Ms. Schey reiterated the desperate need for a new facility. Mr. Bill Sykes, 18927 Darden Road, South Bend, Indiana, spoke in favor of this bill. Mr. Sykes advised that there would be numerous benefits to having a new shelter. Children could go on field trips to educate them on animal care and welfare. They would experience first hand the compassion that the staff at SBACC has towards the animals they take in. He urged the Council’s favorable recommendation. Mr. Tony Trica, 139 Camden Street, South Bend, Indiana, stated that there is great need for a new shelter. The present facility is in inadequate condition, due to its age of 100 years old and original construction as a fire station. He stated that SBACC treats over 4,000 animals yearly from over 7,000 annual service calls. There was no one present wishing to speak in opposition to the bill. Councilmember Henry Davis asked if there had been collaborative talks with the owners of Bosch/Honeywell to clean-up their parking lots of the overgrown vegetation. 5 REGULAR MEETING MAY 10, 2010 th Catherine Toppel, Director, Code Enforcement, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that she has sent letters to Bosch; however, there are minimal requirements on parking lots. Councilmember Henry Davis asked what is going to happen to the current Animal Control facility. Ms. Toppel stated that they have talked about an adapted re-use or demolition. A decision has not been made at this time. Councilmember Henry Davis advised that he is not against this project; however his first priority is LaSalle Square. Councilmember White thanked the members of her Health and Public Safety Committee for hosting the committee meeting at Kennedy Academy. She stated that SBACC had a great presentation and overview of the history of South Bend Animal Care and Control. Councilmember White reiterated the need to be clear on how the city is utilizing TIF dollars. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 16-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA 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 O Office District to PUD Planned Unit Development to allow Primary permitted uses listed in the MF1 Urban Corridor Multifamily District, LB Local Business District, CB Community Business District, and GB General Business District. On site is an old barn and farmland. To the north are 3 single family homes, a church and an elderly care home, all zoned R Single Family District (County). To the east are single family homes, a church and an elderly care home, all zoned R Single Family District (County). To the east are single family homes zoned R Single Family District (County) and a City of South Bend well field zoned LI Light Industrial (City). To the south is a proposed commercial development recently rezoned to CB Community Business District (City). To the west are several businesses, including a tire store and an equipment rental facility zoned LI Light Industrial district (City). The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide form more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purpose of the Comprehensive Plan. The entire site Is 43.33 acres and is proposed to be a mix of retail uses, a residential care facility, and attached single family units identified as senior cottages. The 193,162 square feet of retail is broken up into several buildings of varying sizes. The residential care facility consists of 245,956 square feet, and the 45 senior cottages have a total of 51,800 square feet. Total building coverage is 18% of the site. A total of 1,085 parking spaces are 6 REGULAR MEETING MAY 10, 2010 located on the site, covering 33% of the site: 875 for retail, 150 for the residential care facility and 60 for the senior cottages. Lighting and sign standards will adhere to the City of South Bend Zoning Ordinance. Landscaping, parking and loading follow the format of the City of South Bend Zoning Ordinance, but with changes to the content. Mayflower Road is proposed to be re-aligned. A pedestrian/bicycle trail is being proposed to connect Cleveland road to Brick Road, and the residential component to the existing residential subdivision to the east. The larger portion of this property was annexed into the City in 1993. In 1994, the Area Plan Commission initiated a rezoning to D Industrial and BP Business Park for the property annexed. The parcel containing the barn was annexed into the City in 2001. A 2001 petition to rezone that property to BP Business Park expired due to lack of final site plan. Cleveland Road has four lanes with a center median. Mayflower Road has two lanes. Brick Road has two lanes. The re- aligned Mayflower Road will have two lanes. All buildings will be connected to City water and sewer facilities. The St. Joseph County Airport is opposed to the project, stating that the entire development is within the Noise Sensitive Zone for Runway 18 at the South Bend Regional Airport. The St. Joseph County Health department states that the proposed project is very near a community public water supply system. All of the PUD is within the 5 year time of travel (Zone 2) of the Wellhead Protection Area. Some of the proposed PUD, including the parking area of one retail/commercial facility is located within the 200 foot Zone 1 setback of the Wellhead Protection Area. The Health Department recommends approval subject to stipulations as to what is placed within the 200 foot Zone I setback of the Wellhead Protection Area. A subdivision will be required to dedicate the right-of-way and reassign easements. The petitioner has prohibited the construction of billboards within the P.U.D. City Plan, South Bend Comprehensive Plan, (November 2006) Objective LU 5.4: Consider the needs of the South Bend Regional Airport when planning for the future of surrounding neighborhoods. The entire development is within the Noise Sensitive Zone for Runway 18 at the South Bend Regional Airport. Objective PF 3.1: Ensure a clean and dependable water supply to meet the existing and future needs of the community. The proposed project is very near a community public water supply system. Objective 2.1.2: Improve bicycle and pedestrian safety on local streets by proving bike lanes, paths and pedestrian walkways. There are currently bike lanes on the north side of Cleveland Road. This development proposes extending the lanes to Brick Road and to the east. The future land use maps identify this area as LI Light Industrial. Michiana Regional Transportation Center Master Plan (Update 2000) the approach slope for the property in Appendix 2 approach north of Runway 18-36 is 34:1. When modifications are made to existing runway systems, aircraft noise is often the most obvious impact on a community. NOTE: Runway 18-36 was extended in 2007. There is an established neighborhood to the east and industrial uses to the west. There is limited residential to the north consisting of homes on larger lots fronting Brick and Mayflower Roads. The most desirable use is light industrial. The office uses originally contemplated by the property owner several years ago would also be suitable. Any development to the site may affect surrounding property values, although the location of the proposes uses will minimize any property value impact, especially to the existing homes to the east. With the recent rezoning of the property to the south for a commercial development including a hotel and restaurants, it is appropriate to allow the site to accommodate additional and compatible uses. Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation for the LB, CB and GB uses. Being in the Noise Sensitive Zone is not the best location for residential uses. City Plan recommends this property be Light Industrial. Therefore, the commercial portion can be supported to act as a buffer between the existing light industrial to the west and the existing residential to the north and east. Ms. Nayder advised that they did receive comments from the South Bend Airport Authority opposed to the project stating that the entire project is in the noise sensitive zone for runway 18 at the South Bend Regional Airport. Historic Preservation has identified the existing buildings on that site as notable. We received a letter opposing the residential component from a trucking company to the southwest. Mike Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the petitioner’s Brick Road LLC. 7 REGULAR MEETING MAY 10, 2010 Mr. Danch advised that stated they are basically asking for a rezoning from the O Office District to the PUD Planned Unit Development District. The reason why that particular district was picked was because they have so many different uses that the developer would like to do on the property and the best way to go was the PUD. The site is on the northeast corner of Cleveland Road and Mayflower Road. He stated that this particular site has been in the family probably for the last several decades and finally decided that they would like to do something with this piece of property. Mr. Danch stated that the owners of this property are also the owners of the property on the south side of Cleveland Road that came before the Council some time ago. This plan shows a realignment of Mayflower Road from Brick Road down to Cleveland Road. Where the intersection is shown at Cleveland Road, it will be a light intersection. This will be a new dedicated street that will have traffic from basically Portage Prairie which is going to be located farther to the north. This is going to be a new entrance to that particular area. Mr. Danch advised that they are going forward with everything and get a portion of Mayflower Road vacated. The existing portion of Mayflower Road will be able to be accessed from this new realigned portion of the site. Mr. Danch noted that there will be a retail component of a commercial center, smaller individual commercial sites for retail and restaurants and a larger site for single commercial user. He stated that there has been some concern where they are showing the Assisted Living Facility and then to the east of that is the senior cottages or villas which they thought would be the best location in that it butts up against existing residential that is to the east and north. He stated that the developers of this site happen to be the owners as well and are in the process right now up in Michigan developing a 26 million dollar residential facility. He stated that is a similar mix of what they are doing here which is an Assisted Care Facility as well as villas. He stated that they have experience doing these kinds of projects. They think this is a good area for doing this in and have a market for this. Mr. Danch advised that another concern was that the Airport and the location of the north-south runway in relation of this particular site. He stated that they have a covenant that is recorded over this entire site for noise sensitive areas. That puts everyone on notice that if they go into these particular locations that there can be noise from the airport. The way the covenant is done is that they can’t remonstrate against the airport against any development the airport does. He advised that what that does is eliminate that concern that any residential component that they put in here, whether it be Assisted Living Facility or the Senior Cottages. They don’t have the ability to go and remonstrate against the Airport. Everyone is on notice for the location of where the noise sensitive zone is. They put the protection on the property that was desired in order to allow for what they would like to do. They thought it would be better to have the residential component up against the existing residential to the east and to the north. It made more sense to them from that standpoint. They believe that the owners of that residential area to the east would prefer to have single family attached villas next to their properties than see some type of commercial development. He noted that the drainage would have to meet all the standards of the City. He asked the for the Council’s favorable consideration. 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. John Schalliol, Executive Director, South Bend Regional Airport, 4477 Progress Drive, spoke in opposition to this bill. Mr. Schalliol advised that he would like to go on record that the Airport Authority is opposed to the resident aspect of this project. He stated that the noise sensitive zones are mandated by the State. Mr. Schalliol stated that Mr. Danch is correct in that a covenant is placed on the large parcel or any subdivided parcels eliminating the opportunity for the owners of those parcels to remonstrate against those projects. It does not prevent them from calling and complaining. As noted, folks living in those units may not be aware that they can not call, or they may not care that they can’t call. They may be upset to the point that they are going to call anyway. So it will be a situation that we will have to deal with. Any new construction that is done requires a State permit. Any alterations to a property located in one of these noise sensitive zones also requires that same covenant placed on the property at that time and the same permit is required of the people at are 8 REGULAR MEETING MAY 10, 2010 doing the alterations or modifications. He stated that he would like to see some notification to the tenants and residents informing them of the covenant. Mr. Danch stated that they would be willing to agree to notify the residents and tenants of the covenant. Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, stated that the City should have more respect than allowing a development for elderly people and Alzheimer patients to be placed in a facility that is located that close to the airport in a noise sensitive zone. In Rebuttal, Mike Danch reiterated that the developer is doing a project like this in Grand Rapids, Michigan and has a vested interest in doing this project correctly. He noted that the developer’s expertise is the residential component. They have done Assisted Care facilities before and don’t see a problem with this location and that there is a market for this type of development. Councilmember Oliver Davis noted that the project in Grand Rapids is not near an airport, but in a residential neighborhood and only in the planning stages. He stated that project is estimated at 27 million dollars. He wondered if the noise covenant issue could be noted on the PUD as well as notifying the residents and tenants before they commit to moving in. Mr. Danch stated that he would be willing to put the covenant in the PUD and would check into doing that. Councilmember Dieter asked if the businesses located on Old Mayflower Road would still have access via Mayflower and Brick Roads. Mr. Danch advised yes they would. Councilmember Henry Davis stated that he is not too familiar with the PUD concept, except at the Eddy Street Commons and Kroc Center. Why would a project like this use the PUD concept. Mr. Danch stated that the Planned Unit Development (PUD) allows different mixtures of uses and flexibility on the design. 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 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 nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, Chairperson Committee of the Whole 9 REGULAR MEETING MAY 10, 2010 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 8:27 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10013-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 521 ECLIPSE PLACE, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 2, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10014-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST 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 Kirsits seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis.) RESOLUTIONS RESOLUTION NO. 4027-10 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 6879 ENTERPRISE DRIVE 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; 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: 10 REGULAR MEETING MAY 10, 2010 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: 6879 Enterprise Drive, South Bend, IN 46628 In order to permit a portion of the building to be used for a Gymnastics Studio classified under a “Recreation Use” in the Special exception section of the Light Industrial Ordinance. This use would also require a variance for a reduction in the required parking spaces from 640 to 40 spaces. 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 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 & 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, Assistant Zoning Administrator, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a Special Exception for property located at 6879 Enterprise Drive, in order to permit a portion of the building to be used for a Gymnastics Studio classified under a “Recreation Use” in the special exception section of the Light Industrial Ordinance. This use would also require a variance for a reduction in the required parking spaces from 640 to 40 spaces. He stated that the Area Board of Zoning Appeals gave it a Public Hearing on April 7, 2010 and sends it to the Common Council with a favorable recommendation. Mr. Paul Phair, Holladay Properties, 227 S. Main Street, South Bend, Indiana, made the presentation on behalf of Adam and Camile Cole from the Elite Sports Academy, owners of the gymnastics facility that hope to occupy the space in this building. Mr. Phair advised that this is an existing 80,000 square foot building along the Toll Road. He 11 REGULAR MEETING MAY 10, 2010 stated that they have been in contact with the surrounding property owners and have received no negative feedback. He stated that the special exception is to allow the use of recreation for the gymnastic studio in an existing “Light Industrial” zoning in the City of South Bend. He stated that they have had two other very similar uses, in similar buildings in Portage, Indiana and in Indianapolis, Indiana. They have found them to be totally successful in terms of their compatibility because these folks operate at night. They typically have their students coming between 5 and 9 o’clock at night and on weekends when the commercial businesses in the building have nobody there typically during those hours. So it has never been a problem at all and certainly the parking. They only have two students who drive to date; everyone else is under 16 and gets dropped off by their parents. He asked the Council for their favorable consideration. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 10-21 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 1019, 1019 ½, 1021 NORTH ST. PETER STREET SOUTH BEND, INDIANA Councilmember Rouse made a motion to strike Bill No. 10-21 at the request of the petitioner. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILLS-FIRST READING BILL NO. 23-10 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; COUNCILMANIC DISTRICT 5, LOUISE BERKHEISER, 60601 SOUTH MAIN STREET, SOUTH BEND, INDIANA, 46614 This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Zoning and Annexation Committee and set for Public Hearing and Second Reading on June 28, 2010 and Third Reading on July 12, 2010. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. 12 REGULAR MEETING MAY 10, 2010 BILL NO. 24-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 850 FELLOWS STREET, SOUTH BEND, INDIANA 46601-3121, COUNCILMANIC 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 nine (9) ayes. UNFINISHED BUSINESS There was no new business to come before the Council at this time. NEW BUSINESS Councilmember Henry Davis congratulated Katie Washington the first African American Valedictorian at the University of Notre Dame. He also stated that he will be attending the Young Elected Official Conference this year in Washington D.C. Councilmember Oliver Davis welcomed Council Intern Laura Dolder, from St. Mary’s College. PRIVILEGE OF THE FLOOR COMMENTS FROM HENRY DAVIS, SR. REGARDING THE CCB DOORS LOCKED Mr. Henry Davis, Sr., 215 N. Sheridan, South Bend, Indiana, asked why the front doors to the County-City Building were locked. Council President Dieter stated that would be a question to ask the St. Joseph County Commissioners and that he would check into that. COMMENTS FROM KERRY REGARDING TAXI CABS Mr. Kerry Clear, Owner, Blue Ribbon Taxi, 422 S. Mayflower Road, South Bend, Indiana, asked if more discussion will be taking place on the Taxi Cab Ordinance. He questioned raised fees and taxi cab stands. Councilmember White, Chairperson, Health and Public Safety Committee stated that her committee has been meeting on the proposed draft Taxi Cab Ordinance and would be happy to talk with Mr. Clear after the meeting. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:40 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 13