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HomeMy WebLinkAbout10-25-10 Common Council Meeting Minutes REGULAR MEETING OCTOBER 25, 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, October 25, 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 Henry Davis, Jr. 2nd District Thomas LaFountain 3rd 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: John Voorde City Clerk Kathleen Cekanski-Farrand Council Attorney 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 October 11, 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 October 11, 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. 4061-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING AND PUBLICLY RECOGNIZING THE RICH LIFE AND LEGACY OF THE LATE DR. ROLAND W. CHAMBLEE, SR. rd , Whereas the Common Council of the City of South Bend, Indiana, notes that on the 23 day of November, 1922, Roland Wesley Chamblee was born in Atlanta, Georgia to Ruth Edna Johnson Chamblee and Robert Wesley Chamblee; and 1 REGULAR MEETING OCTOBER 25, 2010 , Whereas the Council recognizes that Chamblee family later moved to Chicago, Illinois, and after Roland W. Chamblee graduated from high school, he enlisted in the United States Army in 1942; was injured while disarming landmines in Normandy, France during World War II, and was awarded the Purple Heart in light of the injuries he sustained; and , Whereas upon returning to the United States, he completed his studies at Tennessee State University where he earned his bachelor’s degree in 1949, and then entered Meharry Medical College where he earned his medical degree in 1953, the same year he moved his family to South Bend; and , Whereas while studying for his medical degree, he married Dorothy Jones in 1948, a nursing student at Meharry Medical College and during the course of their marriage they became the parents of six (6) children; with Dr. and Mrs. Chamblee and their two youngest children moving to Uganda, East Africa where he cared for hundreds of people suffering from malaria, tetanus and snake bites; and , Whereas upon returning to South Bend, Dr. Chamblee became involved in countless professional, religious and civic organizations; helped co-found the Chapin Street Clinic; and retired on November 30, 2009 from serving as the St. Joseph County Health Officer. 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, honors, commemorates and celebrates the rich life and legacy of the late DR. ROLAND W. CHAMBLEE, SR.for his many contributions made to the South Bend Community; and especially for the many individuals he touched and inspired as a dedicated civic rights activist, tireless community leader, and caring doctor who served the many health care needs of the South Bend community; whose photograph is proudly displayed in the South Bend Civil Rights Heritage Center as a small token of our city’s gratitude. Section II. The South Bend Common Council THANKS the entire Chamblee Family for the countless hours which Dr. Chamblee spent working and volunteering his time in our community; and truly believes that the City of South Bend is a better place because of his special talents and gentle spirit which we will long remember. 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 TH Attest: Adopted this 25 day of October, 2010 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Timothy Rouse, Cherry Tree Lane, 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 The Honorable Judge Roland Chamblee, Jr. A Public Hearing was held on the Resolution at this time. 2 REGULAR MEETING OCTOBER 25, 2010 There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. The Honorable Judge Roland Chamblee, Jr., thanked the Council for this honor commemorating the life of his late father, Dr. Roland W. Chamblee, Sr. He stated that his father loved helping people. He thanked everyone for the cards and kinds words that have helped his family through this time. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. BILL NO. 10-59 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP, STATE ROAD 23 AND MAPLE LANE ANNEXATION AREA Councilmember Oliver Davis made a motion to continue this bill until the November 8, 2010 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4062-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP, STADIUM PLACE PHASE II ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 1.04 acres of land containing single family structures, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 28.4% contiguous, generally located near the northwest corner of Vaness and Willis Avenue (54703 & 54719 Willis Avenue). It is anticipated that the annexation area will be developed for one, three-story, multi-family buildings with a total of 21 units. This development will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital 3 REGULAR MEETING OCTOBER 25, 2010 nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 27 IN THE PLAT OF “VANESS PLAT” AS RECORDED IN PLAT BOOK # 11 ON PAGE # 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 140.00± FEET MORE OR LESS ALONG THE WEST LINE OF SAID LOT 27 AND A PORTION OF LOT 28 IN SAID PLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 14.70± FEET MORE OR LESS; THENCE WEST 60.00± FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST LINE 79.40± FEET MORE OR LESS; THENCE EAST 60.00± FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG EAST LINE OF WILLIS AVENUE A DISTANCE OF 50.47± FEET MORE OF LESS; THENCE WEST 356.00± FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.04 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Section II. It shall be and hereby is declared now and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street 4 REGULAR MEETINGOCTOBER 252010 , light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit and any improvements in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard, the annexation and rezoning is subject to the following condition: the elimination of gates and other devices that restrict access to the developments in order to create a gated community. Furthermore, it is required that the annexation area integrate harmoniously with the surrounding residential areas. It should also be required that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality per the South Bend zoning ordinance standards. Failure to comply with all the conditions set forth in this Section IV may result in the City’s repeal of annexation. Section V. This Resolution shall be effective from and of the date of 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 to hear the pros and cons and voted to send it to the full Council with a favorable recommendation. Mr. Michael Divita, Division of Community Development, 227 W. Jefferson Blvd., Suite 1200 N, South Bend, Indiana, made the presentation for this bill. Mr. Divita advised that the annexation area is generally located near the northwest corner of Vaness and Willis Avenue (54703 & 54719 Willis Avenue.) He noted that the annexation area is a t least 1/8 (12.5%) contiguous to the current City limits: The annexation area is 1.04 acres in area. The properties are currently single-family residential in the County. Mr. Divita stated that Stadium Place Developers LLC are seeking annexation and rezoning to Planned Unit Development “PUD” into the City for the purposes of receiving municipal services for the development of 21 rental units in one three-story buildings. This is in addition to three existing structures, with 90 rental units, in the City that are included in the PUD rezoning. Per the developer plans, it is anticipated that a minimum of 42 residents will reside in the Annexation Area. The th annexation area will be in the 4 District. It is anticipated that this annexation will not result in the elimination of jobs for employees of any other governmental entities. A ten inch diameter public sanitary sewer was installed in Vaness Street during the construction of the Stadium Village development. Four 6 inch diameter sewer taps were included in that work. The Phase II development will use these taps to connect to the existing sanitary sewer. Revenue from customers on this sewer will be sufficient to operate and 5 REGULAR MEETINGOCTOBER 252010 , maintain the facility without burden to other ratepayers. The South Bend Water Works currently has a 6” main on the west side of Willis Avenue that will provide sufficient capacity for the annexation area. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36-9-22-2, I.C. 8-1.5-3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. The developer of this property will be required to install a street lighting system. Additional revenue to the General Fund from this annexation area will be sufficient to pay for street light operations. There are no waivers of annexation in effect for the Annexation Area. No new public streets have been proposed for this development. Approximately 270 feet of Willis Avenue will be annexed. Thus, 400 feet of the street will be within the City. Maintenance of this street segment will be included in the working agreement between South Bend and saint Joseph County to share routine maintenance activity on boundary areas. Drainage facilities will be required to be constructed by the developer and meet the latest City of South Bend standards. The annexation area would be expected to be added to the already existing Beat 11. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone systems for that area. The City provides fire response with a fully staffed, full time fire department housed in 12 fire stations strategically located throughout the city. The Annexation Area will be serviced primarily by Station #3, located at 1805 McKinley Avenue, approximately 1.9 miles away. Additional Fire Department units would respond from Fire Station #2 located at 430 Dr. Martin Luther King Drive which is approximately 2.9 miles away and Fire Station # 9 at 2520 Mishawaka Ave., which is approximately 3.0 miles away and Fire Station #1 at 1222 S. Michigan which is approximately 3.7 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. The City, under contract with St. Joseph County, provides emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11 and 12. The Annexation Area is currently being serviced by Medic #11, located at Fire Station #11 at 3505 N. Bendix. Upon incorporation, the Annexation Area will be serviced by Medic #3, located at Fire Station #2, 430 Dr. Martin Luther King Drive, which is approximately 2.6 miles away and Medic #2, located at Fire Station #1, 1222 S. Michigan Street. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No Additional equipment will need to be purchased or personnel hired to service the Annexation Area. The Annexation Area will be added to Code Enforcement Area 4. Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste, industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. The annexation will contain multi-family residential units. They will have centralized waste collection locations. A licensed private waste hauler will be required to serve these developments. As single-family, duplex units are constructed, the Division of Environmental Services could service them at the rates noted below. The City of South Bend provides a wide range of services other than those noted above, such as the Mayors office, the Legal Department, and the Parks 6 REGULAR MEETINGOCTOBER 252010 , & Recreation. These services are available upon the effective date of the Annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the Annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not effect the provision of other services currently provided to this property on a county-wide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission and St. Joseph County/South Bend Building Department are some of the county-wide agencies and their services that will continue to provide the same type and level of services to the Annexation Area. County-wide services will continue to be supported by the County and Township tax rates that will remain in effect. As with any new development, the proposed use and development of this site becomes important relative to its relationship with the existing, surrounding uses, City Plan, South Bend’s comprehensive plan, notes that land use relationships, pedestrian movement/safety and vehicular site access are important elements to be addressed in developments of all kinds. City Plan also expresses a need to consider how buildings relate to the street. Building design that is sensitive to massing, shape, scale and finishes will ensure that private development will enhance and reinforce the City’s commitment to development and design of the highest quality. 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 eight (8) ayes and one (1) nay (Councilmember Dieter.) RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:13 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Henry Davis, Jr. 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 NOS. 30-10; 53-10 AND 54-10 COUNCIL PORTION ONLY) BILL NO. 30-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS Councilmember Oliver Davis made a motion for favorable recommendation to full Council concerning this substitute bill. Councilmember Kirsits seconded the motion which was defeated by a voice vote of three (3) ayes and six (6) nays (Councilmember’s Dieter, Henry Davis Jr., LaFountain, Varner, Rouse, White.) Additionally, Councilmember Dieter made a motion to send this bill unfavorably to full Council concerning this substitute bill. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes and three (3) nays (Councilmember’s Puzzello, Kirsits, Oliver Davis) 7 REGULAR MEETINGOCTOBER 252010 , BILL NO. 53-10 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember LaFountain, Chairperson, Personnel & Finance Committee reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. 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 nine (9) ayes. BILL NO. 54-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember LaFountain, Chairperson, Personnel & Finance Committee reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. 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 and one (1) nay (Councilmember Henry Davis, Jr.) BILL NO. 46-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, E. LEROY & PATRICIA YODER, 17904 STATE ROAD 23, SOUTH BEND, INDIANA 46635 Councilmember Dieter made a motion to continue this bill until the November 8, 2010 meeting of the Council at the request of the Petitioner. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. 8 REGULAR MEETINGOCTOBER 252010 , BILL NO. 47-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC, JEAN C. JOHNSON TRUSTEE FOR THE JEAN C. JOHNSON REVOCABLE TRUST, ROBERT A. HOWLAND, JR. AND GLENN & KAYE BLOSSOM (PETITIONERS), 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee met this afternoon on this substitute bill and sends to the full Council with a favorable recommendation. th Derek Spier, Staff Member, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Spier advised that the petitioner is requesting an annexation and zone change from R Single Family District (County) and PUD Planned Unit Development District (South Bend) to PUD Planned Unit Development District (South Bend) to allow a residential planned unit development which will allow more than two unrelated persons per unit. On site are three existing apartment buildings and two single family residences. To the north is an undeveloped parcel zoned R Single Family District and a multi-family townhome development (Irish Crossings) zoned PUD Planned Unit Development District, both in the County. To the east is a single-family home zoned R Single Family District in the County. Across Willis Avenue is an automobile retail and service business zoned C Commercial in the County and a multifamily townhome development zoned MF2 High Density Multifamily District in the City. To the south across Vaness Street are apartment’s zoned MF2 High Density multifamily District and a multi-tenant retail center zoned CB Community Business District both in the City. To the west across Burdette Street is a multi-family townhome development zoned MF1 Urban Corridor Multifamily District in the City. The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for 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 purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. The 3.66 acre site includes three existing three story apartment buildings. One additional three story apartment building is proposed. The four buildings will contain 111 dwelling units and will cover 42,300 square feet or 28% of the site. The overall density is 30 dwelling units per acre. The paved areas will cover 80,100 square feet or 54% of the site. The remaining 28,753 square feet or 19% of the site will be open space and landscaped areas. The number of parking spaces as proposed does not meet the current standards of the South Ben Zoning Ordinance for multifamily residential, which is two spaces per unit. A total of 173 parking spaces are provided for the 111 dwelling units, which equals 1.56 spaces per dwelling unit. In 2006, the site was proposed to be developed as a 60 unit condominium hotel. All the units were proposed to be individually owned. In November 2008, the City Council passed a rezoning and annexation for a portion of the subject property from R Single Family District (County) and MU Mixed Use District (City) to the PUD Planned Unit Development District (South Bend) to allow for the construction of three apartment buildings. Vaness Street, Willis Avenue and Burdette Street are two-lane roads. The site 9 REGULAR MEETINGOCTOBER 252010 , will be served by municipal water and sewer from the City of South Bend. The Building Department commented that additional landscaping is required around the dumpsters. This concern was addressed on a revised preliminary site plan. The Division of Engineering and Public Construction had no comment. Mr. Spier noted that this petition is consistent with the City of South end Comprehensive Plan (City Plan) objectives for housing and the future land use map identifies this area as mixed use. This rezoning is consistent with the Future Land Use Map. The area surrounding Vaness Street, Willis Avenue, and Burdette Street has a variety of uses. To the north between Vaness and Burdette Street, there is one vacant lot and the Irish Crossings townhouse development, while the south side of Vaness Street contains the Turtle Creek Apartment complex. The character of the area between State Road 23 and Vaness Street and the area east of Willis Avenue is commercial and multifamily. The character of the area west of Burdette Street is multifamily residential. The most desirable use is high density residential. The surrounding commercial and multifamily property values should be conserved with the PUD rezoning. It is responsible development and growth to allow sites to be appropriately developed when compatible with the surrounding area. Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. The Area Plan Commission held a Public Hearing on September 21, 2010 and sends this bill to the Council with a favorable recommendation. Mr. Spier stated that the petition is consistent with recent developments in this area. Previous approval for this and surrounding sites has established Vaness Street as a higher density, pedestrian-orientated area, connecting the University of Notre Dame campus with the State Road 23 commercial/business corridor. Mr. Michael Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill. Mr. Danch advised that they are asking for the very northeast corner of the property along Willis Avenue to be annexed into the City. This is going to be the next phase of Irish Row Luxury Apartments. 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 Oliver Davis made a motion for favorable recommendation to full Council concerning this bill and set it for Third Reading on November 8, 2010. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 62-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $508,976.00 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT BILL NO. 63-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,414 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S EMERGENCY SHELTER GRANT PROGRAM 10 REGULAR MEETINGOCTOBER 252010 , BILL NO. 64-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2,596,651 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, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember Oliver Davis made a motion to combine Bill Nos. 62-10, 63-10 and 64- 10 for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Rouse, Chairperson, Community and Economic Development Committee reported that this committee met this afternoon on these bills and sends them to the Council with favorable recommendations th Ms. Pam Meyer, Director, Community & Economic Development, 12 Floor County- City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for these bills. Ms. Meyer advised that Bill No. 62-10 will transfer $508,976 in Community Development Block Grant (CDBG) funds as part of the 2011 Action Plan of the 2010 – 2014 Housing & Community Development Plan. She noted that the proposed allocation of funds was provided via e-mail and in paper form to Council Members on August 25, 2010 and made public beginning September 8, 2010 for a 30-day public comment period. th The plan was also the subject of 2 public hearings on September 15. This bill is a companion to Bill No. 64-10. Ms. Meyer stated that Bill No. 63-10 would appropriate $118,414 in 2011 Emergency Shelter Grant (ESG) funds as part of the 2011 Action Plan of the 2010-2014 Housing & Community Development Plan. This bill was also provided on August 25, 2010 and made public for the 30 day comment period beginning September 8, 2010. The Plan was also the subject of two public hearings on October 15, 2010. Ms. Meyer advised that Bill No. 64-10 would appropriate $2,596,651 is 2011 Community Development Block Grant (CDBG) funds. This action complements the transfer of $508,976 in reprogrammed funds and together they allocate new funds in accordance with the 2011 Action Plan of the 2010-2014 Housing and Community Development Plan. She reiterated that the plan was submitted to the Council on August 25, 2010. The 2011 HCD Action Plan was the subject of a 30-day public comment period that began September 8, 2010 and expired October 8, 2010. She noted that the 2011 HCD Action Plan was the subject of two public hearings held on September 15, 2010. Comments received during the comment period and public hearings were taken into consideration in developing the final 2011 HCD Action Plan. This being the time heretofore set for the Public Hearing on the above bills, 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 to send Bill No. 62-10 favorably to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Dieter made a motion to send Bill No. 63-10 favorably to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Dieter made a motion to send Bill No. 64-10 favorably to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 11 REGULAR MEETINGOCTOBER 252010 , RISE AND REPORT Councilmember Dieter 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 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 7:40 p.m. President Dieter presided with nine (9) members present. BILLS – THIRD READING BILL NO. 30-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Oliver Davis made a motion to pass this bill as amended. Councilmember Kirsits seconded the motion which was defeated by a roll call vote of three (3) ayes (Councilmember’s Puzzello, Kirsits and Oliver Davis) and six (6) nays (Councilmember’s Henry Davis, LaFountain, Varner, Rouse, White and Dieter.) 12 REGULAR MEETINGOCTOBER 252010 , ORDINANCE NO. 10045-10 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello 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 and one (1) nay (Councilmember Henry Davis, Jr.) ORDINANCE NO. 10046-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Varner made a motion to pas this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.) (Councilmember Henry Davis, Jr. left the Council Chambers at this time.) ORDINANCE NO. 10047-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $508,976.00 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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. 10048-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,414 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S EMERGENCY SHELTER GRANT PROGRAM 13 REGULAR MEETINGOCTOBER 252010 , 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. 10049-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2,596,651 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, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 4063-10 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 1832 CAMPEAU ST., SOUTH BEND, INDIANA 46617 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: 1832 Campeau St., South Bend, Indiana 46617 In order to permit: A special exception use to allow an accessory dwelling. 14 REGULAR MEETINGOCTOBER 252010 , 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 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 subject to the conditions established at the Area Board of Zoning Appeals at their October 6, 2010 meeting. Mr. Mark Lyons, Assistant Zoning Administrator, 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 to allow an accessory dwelling and from the maximum allowable 17’ height to 21’ 10” for an accessory building and from the required 6’ side yard setback to 3’, on property located at 1832 Campeau Street, Portage Township, zoned “SF 1.” Mr. Lyons stated that the Area Board of Zoning Appeals held a public hearing on October 6, 2010 and sends this bill to the Common Council with a favorable recommendation, subject to the accessory structure to be part of the primary in terms of number of people allowed for occupancy in a “SF1” District. Mr. Joseph Crimmins, 1832 Campeau Street, South Bend, Indiana, made the presentation for this bill. Mr. Crimmins advised that he is seeking a special exception to construct a garage/accessory dwelling building. He stated that the structure primary use is a two car garage with a second level space that may be used as a loft living space with a bath, small kitchen and laundry area. Mr. Crimmins stated that he has a son who was born with Down syndrome. He stated that he would like for him to have a place he can call his own and this would make that possible. A Public Hearing was held on the Resolution at this time. 15 REGULAR MEETINGOCTOBER 252010 , 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by roll call vote of eight (8) ayes. RESOLUTION NO. 4064-10 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 925 SOUTH WEBSTER STREET, 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: 925 South Webster Street, South Bend, Indiana In order to allow: Outdoor storage of soil and other fill material on the area not to exceed seventy-five (75%) of the total lot area. 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 16 REGULAR MEETINGOCTOBER 252010 , 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 met this afternoon on this bill and sends it to the Council with a favorable recommendation subject to written dated October 25, 2010 and on file in the Office of the City Clerk. Mr. Mark Lyons, Assistant Zoning Administrator, 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 from the maximum allowable outside storage of soil and other fill material not to exceed 75% on the property located at 925 S. Webster. He stated that the Area Board of Zoning Appeals held a Public Hearing on October 6, 2010 and send this bill to the Common Council with no recommendation. Mr. John Lloyd, Kreig, DeVault, LLP, 4101 Edison Lakes Parkway, Suite 100, Mishawaka, Indiana, made the presentation for this bill. Mr. Lloyd advised that he is an attorney representing MM Blair, LLC and that they are seeking a Special Exception from the maximum allowable 50% area for outdoor storage of soil and other fill material not to exceed 75%, on property located at 925 S. Webster Street. Mr. Lloyd stated that they have agreed to written commitments dated October 25, 2010 and are on file with the Office of the City Clerk. 1. Remove the concrete pad that adjoins the MM Blair/Lacay Fabricating property line; 2. Reduce the size of the storage piles along the west property line to 10’ high. 3. Along the northwest corner of the MM Blair property (Approximately 100 linear feet running south from MM Blair’s north property line), pull the pile back 20’ from the property line; 4. Along the southwest corner of the MM Blair property (we discussed a tree along the property line as being the northern starting point), pull the storage pile back 10’ from the property line; 5. Install and maintain as necessary a silt fence along the north side of the common property line; 6. Perform some grading work along the common property line, and on Lacay Fabricating’s property adjacent to such property line (where reasonably designated by Lacay) to help water drain away from Lacay’s building. 7. The work contemplated above will be completed by November 15, 2010. A Public Hearing was held on the Resolution at this time. Councilmember Oliver Davis thanked Mr. Lloyd for taking the time to talk with the neighbors and address their concerns through the agreement of the written commitments. 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by roll call vote of eight (8) ayes. 17 REGULAR MEETINGOCTOBER 252010 , BILL NO. 10-57 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 THE SOUTHEAST CORNER OF MAPLE LANE AVENUE & STATE ROAD 23 Councilmember Varner made a motion to continue this bill until the November 8, 2010, meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4065-10 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 926 NORTH ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARKUS AND KRUPALI KRUSCHE Mr. Markus Krusche, 306 Bond Hall, University of Notre Dame, Notre Dame, Indiana, made the presentation for this bill. Mr. Krusche stated that he and his wife intend to construct an approximate 2,400 square foot, single-family home as their primary residence. The home will have two stories with a brick exterior. It will have three bedrooms, two and one-half bathrooms, a great room, a study, a dining room, a small backyard patio and an unfinished basement. He stated that the cost of the home will be approximately $450,000. 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 Rouse made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by roll call vote of eight (8) ayes. RESOLUTION NO. 4066-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1016 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR J. NICHOLAS & DIANE ENTRIKIN Councilmember Rouse, Chairperson, Community and Economic Development 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. Dale DeVon, Devon Custom Homes, 17871 St. Rd. 23, South Bend, Indiana, made the presentation on behalf of the owners Dr. J. Nicholas and Diane Entrikin. Mr. DeVon advised that Mr. & Mrs. Entrikin intend to construct an approximate 2,300 square foot, single-family home as their primary residence. The home will have three 18 REGULAR MEETINGOCTOBER 252010 , bedrooms, two and one-half bathrooms, a great room, a dining room, first floor laundry, two car garage and large front porch. The lower level will have a recreational room, bedroom and a bathroom. The cost of the home is estimated at approximately $400,000. He noted that the total taxes abated during the five (5) year abatement period are estimated at $1,893. Total taxes to be paid during the five (5) year abatement period are estimated at $20,544. 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 White seconded the motion which carried and the Resolution was adopted by roll call vote of eight (8) ayes. BILL NO. 10-63 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING AND APPROVING THE ISSUANCE OF RECOVERY ZONE FACILITY BONDS UP TO THE AMOUNT OF $31,750,000 TO DILLINGHAM HILL RE, LLC FOR THE CHASE TOWER PROJECT Councilmember Varner made a motion to continue this bill until the November 8, 2010 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 66-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on November 8, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 67-10 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST/WEST ALLEY BETWEEN LASALLE STREET AND COLFAX AVENUE LYING WEST OF SYCAMORE STREET, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Puzzello 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 8, 2010. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 19 REGULAR MEETINGOCTOBER 252010 , UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION BILL NO. 60-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3609 WESTERN AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 8, 2010. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no New Business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Derek Dieter adjourned the meeting at 8:02 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 20