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HomeMy WebLinkAbout03/12/07 Council Meeting MinutesREGULAR MEETING MARCH 12, 2007 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, March 12, at 7:00 p.m. The meeting was called to order by Council President Timothy A. Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter Charlotte Pfeifer Roland Kelly Ann Puzzello David Varner Ervin Kuspa Al "Buddy" Kirsits Timothy Rouse Karen L. White OTHERS PRESENT: 1st District 2nd District 3rd District 4th District Vice-President 5th District 6th District At-Large At-Large President At-Large Chairperson Committee of the Whole John Voorde City Clerk Janice L Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney Absent 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 February 26, 2007 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember White made a motion that the minutes of the February 12, 2007 meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3714-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE WASHINGTON HIGH SCHOOL GIRLS LADY PANTHERS BASKETBALL TEAM FOR WINNING THE 2007 INDIANA STATE CLASS 4-A BASKETBALL CHAMPIONSHIP REGULAR MEETING MARCH 12, 2007 Whereas, the Common Council of the City of South Bend, Indiana, recognizes that Washington High School at 4747 West Washington has an enrollment of 1,465 and became the home of the 2007 Girls Indiana State Basketball Champions when they beat the Columbus East High School Olympians by the score of 84-64 on Saturday, March 4, 2007, in the Class 4-A finals held at Conseco Fieldhouse in Indianapolis, Indiana, and Whereas, the Council notes that George McCullough serves as the Washington High School Principal, that Teresa Phillips and Byron Sanders serve as the Assistant Principals, and they along with their dedicated teachers and coaches dedicate themselves to fulfilling their Mission Statement of "providing all students with a diverse, challenging, and enriching education that fosters accountability, respect, and lifelong learning' ;and Whereas, the Council notes that last year it publicly recognized the 2005-2006 Washington High School Varsity Girls Basketball Team when it passed a resolution on March 13, 2006, which honored the team for being runners-up in the state tournament, and urged them to return in 2007 as state champs; and Whereas, the 2006-2007 Washington High School Varsity Girls Basketball Team was ranked 22nd in the nation going into the championship game; and in their 84-64 victory they won their lgt state title and set a new Class 4-A Indiana state record of scoring 84 total points; with the Common Council wishing to publicly recognize the entire team who went 28-1 in this heart-throbbing action-packed season which South Bend will always remember, namely: #1 Karis Phillips #21 Cheneka Anderson Marilyn Coddens, Varsity Coach #2 Emily Phillips #22 Shalana Murray Don Coddens, Assistant #4 Skylar Diggins #25 Rakeesha Lane Maurice Scott, J.V. Coach #5 Vanessa Wiley #32 Sherice White Jose Robles, Freshman Coach #11 Meagan Phillips #33 Alandrea Pfeifer-Nailon Lannie Jones, Volunteer #14 Ashley Varner #44 Takoia Larry Andrea Etienne, Manager #20 Lauren Archie #55 Katie Boocher Amanda Schreeg, Manager Pat Mackowiak, A.D. Jena Stopczynski, Manager Now, Therefore, be it resolved, by the Commo n Council of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council congratulates each & every student-athlete and staff of THE 2006-2007 WASHINGTON HIGH SCHOOL GIRLS LADY PANTHERS BASKETBALL TEAM for winning the 2007 Class 4-A Indiana State Basketball Championship!! Section IL The South Bend Common Council believes that the hard-work, discipline, and dedication of the 2006-2007 Washington High School Varsity Girls Basketball Team: has enabled each of these student-athletes to be excellent role models for youth in our community, with each Lady Panther team member bringing the highest of honors to herself, her family and friends, Washington High School, the South Bend Community School Corporation, Washington HS alum, and all of the residents of the City of South Bend, Indiana. Section III . Panthers Coach Marilyn Coddens summed it up best when she said that "Once the buzzer goes off to start the game, there is not a more tenacious group of young ladies that play with their hearts... they are relentless"; and their selfless attitude and athletic abilities have won a special place in our hearts and in history. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. REGULAR MEETING MARCH 12. 2007 s/Derek D. Dieter, lgt District s/Ervin Kuspa, 6d` District s/Charlotte D. Pfeifer, 2nd District s/Al "Buddy" Kirsits, At Large s/Roland Kelly, 3~d District s/Timothy A. Rouse, At Large s/Ann Puzzello, 4a` District s/Karen L. White, At Large s/Dr. David Varner, Sd` District s/Kathleen Cekanski-Farrand,Council Attorney Attest: Adopted this 12d` day of March, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Charlotte Pfeifer, 1013 W. Washington Street, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to Coach Marilyn Coddens and the Lady Panthers. Coach Marilyn Coddens thanked the Council for this great honor. She noted that they have been on awhirl-wind since winning the State Championship. Coach Coddens noted that they ended the season 28-1, and in the USA Today Newspaper, they are ranked 18a` in the Nation and on SportsIllustrated.com they are ranked 12d` in the Nation. She thanked everyone for their support. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Puzzello made a motion to adopt this Resolution by acclamation. Councilmember Kelly seconded the motion which carried. RESOLUTION NO. 3715-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH END, INDIANA, PUBLICLY HONORING GREEN INTERMEDIATE CENTER 8TH GRADE HONOR ROLL STUDENT PAOLA SARMIENTO FOR WINNING THE 34TH ANNUAL SOUTH BEND COMMUNITY SCHOOL CORPORATION'S SPELLING BEE IN 2007 Whereas, the Common Council of the City of South Bend, Indiana, recognizes that the National Spelling Bee was initially established in 1925 as a consolidation of numerous local spelling bees, with E.W. Scripps Company having the rights to the highly-competitive spelling competition; and Whereas, this year, the 80d` Scripps National Spelling Bee will be held in the ballroom of the Grand Hyatt Washington Hotel in Washington, D.C. and will spotlight winners of sponsored regional spelling bees held throughout the United States; and Whereas, the City of South Bend, Indiana, has a proud history of National Spelling Bee Champions with Betty Robinson of South Bend winning the contest in 1928 when she correctly spelled the final word, albumen; and in 2004 when David Scott Pilarski Tidmarsh of South Bend won the contest when he correctly spelled the final word, autochthonous; and Whereas, the South Bend Common Council sees another champion in the making in Paola Sarmiento, the lgt Hispanic winner of the South Bend Community School Corporation's 34a` Annual Spelling Bee, when she correctly spelled extemporaneous in REGULAR MEETING MARCH 12, 2007 the 13d` round, as she competed in the school corporation's intermediate centers competition which sent four (4) spellers from each school to the competition. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council publicly commends and honors PAOLA SARMIENTO, an 8~` grade Honor Roll student at Green Intermediate Center for winning South Bend Community School Corporation's annual spelling bee competition on February 15, 2007. Section II The Common Council notes that PAOLA SARMIENTO moved to South Bend from Mexico in March of 2002, knowing no English at that time and then began learning English for the neat several years and excelled in the school corporation's English Language Learner Program. Section III. The South Bend Common Council would also like to commend Greene Intermediate Center's Principal Thomas Fujimura, Assistant Principal Joseph Somers; Bilingual Coordinator Dora Balderas; and Jo Lake, Paola's Spelling Coach, for their dedication, service and leadership of the 481 Greene students. Section IV. The Common Council wishes PAOLA SARMIENTO continued success as she moves onto compete in the regional spelling bee; and wishes her the very best in her studies at Riley High School this fall as she continues to be a role model as she pursues her career goal of becoming a professional engineer. Section V. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3~d District s/Ann Puzzello, 4a` District s/Dr. David Varner, Sd` District s/Ervin Kuspa, 6d` District s/Al "Buddy" Kirsits, At Large s/Timothy A. Rouse, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand,Council Attorney Attest: Adopted this 12d` day of March, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Erv Kuspa, 434 South Liberty Street, 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 Paola Sarmiento. A Public Hearing was held on the Resolution at this time. Paola Sarmiento thanked the Council for this wonderful honor. Mr. Thomas Fujimura, Principal, Green Intermediate Center, thanked the Council for this honor on behalf of Paola Sarmiento and Green Intermediate Center. He thanked the Council for embracing the diverse ethnic backgrounds that South Bend has so graciously welcomed. Councilmember Kuspa made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. REGULAR MEETING MARCH 12, 2007 RESOLUTION NO. 3716-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY URGING PEOPLE TO VOTE FOR SOUTH BEND POLICE SERGEANT RAY WOLFENBARGER WHO HAS BEEN NOMINATED AS A CANDIDATE IN AMERICA'S MOST WANTED ALL- STAR CONTEST Whereas, the Common Council of the City of South Bend, Indiana, recognizes that America's Most Wanted, together with Sprint Nextel, is sponsoring `America's Most Wanted All-Star -Network of Heroes Lives Among Us" contest; and Whereas, the 2007 AMW All-Star Contest will honor a fast responder working in law enforcement, fire, rescue personnel or an EMT who is employed by or volunteers with a federal, state or local first responder agency who goes above and beyond the call of duty to keep their communities safe on a 24/7 basis; and Whereas, the Council recognizes that Sergeant Ray Wolfenbarger was officially sworn in as a South Bend police officer on September 17, 1997; was critically wounded in the line of duty in 2001 and made a remarkable medical recovery which permitted him to return to active police duty; with his diligent and faithful police services resulting in a promotion by the Board of Public Safety on July 21, 2004 to the rank of Detective Sergeant; where Sgt. Wolfenbarger has worked ever since in the Forensic Lab of the South Bend Police Department; and has earned and received numerous commendations for his dedicated police services; and Whereas, Sergeant Ray Wolfenbarger has been nominated as a candidate in the 2007 America's Most Wanted All-Star Responder Contest and the South Bend Common Council urges everyone to cast their vote for one of South Bend's finest, Sergeant Wolfenbarger, by text messaging your vote from a Sprint or Nextel phone to 4AMW or by voting online by visiting which may be also accessed by going to the City of South Bend's ollicial city website at Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council urges everyone to vote for our own hometown hero, SERGEANT RAY WOLFENBARGER, so that he will become the 2007 America's Most Wanted All- Star. Section II The Common Council urges everyone, their friends and family who are legal residents of the 48-contiguous states who are at least eighteen years of age, to vote by text messaging or on-line with voting; with each person being able to vote once per day. Section III. The South Bend Common Council wishes SERGEANT RAY WOLFENBARGER, the very best in the weeks ahead in America's Most Wanted All- Star contest, and thanks him for his dedicated service to our community as a member of the South Bend Police Department. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Ervin Kuspa, 6d` District s/Charlotte D. Pfeifer, 2nd District s/Al "Buddy" Kirsits, At Large s/Roland Kelly, 3~d District s/Timothy A. Rouse, At Large REGULAR MEETING MARCH 12. 2007 s/Ann Puzzello, 4~` District s/Karen L. White, At Large s/Dr. David Varner, 5~` District s/Kathleen Cekanski-Farrand,Council Attorney Attest: Adopted this 12~` day of March, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Derek Dieter, 4903 Starboard Dr., 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 Sgt. Ray Wolfenbarger. A Public Hearing was held on the Resolution at this time. Police Chief Tom Fautz, spoke in support of this Resolution. Ray continues to be a real inspiration to us all. He fought back courageously from the wounds he suffered. He has become a role model on the South Bend Police Department. He continues to work towards a full recovery. During the time while he was recovering, Ray wanted to help the department, so he became a fire arms examiner. There are only fourteen (14) in the State. This is one of the toughest schools in certification to receive in law enforcement. Beyond the work that Ray continues to do, he is instrumental in forming the critical incidents support team, to support officers during difficult times. They are very proud of Ray, and can hardly wait for when he is totally recovered, he still works towards that and until that time, he continues to be a inspiration to all. Division Chief Rick Bishop, South Bend Police Department, spoke in support of this Resolution. He wished Ray the best of luck on the voting and stated that no matter what win, lose or draw, he is an All-Star on the Department. Ray had to totally re-career after being shot in 2001, and you would have to come visit St. Wolfenbarger's office realize how intensely he does his job. Sgt. Scott Ruszkowski, South Bend Police Department, President FOP #36, spoke in favor of this bill. Both Chiefs that spoke before are kind of down playing the many hats that Ray wears. From the FOP perspective, Ray has spear headed the children's Christmas Party, and his wife Amy sits back in the shadow, but she is very instrumental with the FOP. The Critical Incident Team, the Easter Egg Hunt for the children, the Haunted House and numerous other functions that the FOP conducts throughout the year, you can always count on Ray and his wife Amy to be there. Ray Woodward, Tom Baker, Mitch Kajzer, Steve Noonan, Rick Ruszkowski, Billy Pelletier, and Brent Croymans all shot in the Line of Duty, they all survived, not at the magnitude that Ray has gone through, but Mitch Kajzer is going to the Police/Fire Olympics in Australia, and he is still partially paralyzed in his leg and is still an inspiration to Ray and his recovery. Sgt. Ray Wolfenbarger thanked the Council for this honor. He thanked the Community for all their support for his family and himself Everyday he has people approach him that they are praying for him and his family. Sgt. Wolfenbarger said that it is those prayers that keep him motivated to keep pushing and striving to keep going forward. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 3717-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE SOUTH BEND POLICE DEPARTMENT'S VOLUNTEERS IN POLICE SERVICE UNITE (NIPS) FOR BEING HONORED WITH THE UNITED REGULAR MEETING MARCH 12, 2007 STATES PRESIDENT'S VOLUNTEER SERVICE AWARDS FOR THEIR DEDICATED VOLUNTEER SERVICES Whereas, the South Bend Common Council recognizes that in 2003, President George W. Bush established the President's Volunteer Service Award which give Presidential recognition to individuals, families and groups who have demonstrated a sustained commitment to volunteer service each year as a way to inspire others to contribute to their communities; and Whereas, the Council further recognizes that the President's Volunteer Service Award is issued by the President's Council on Service and Civic Participation, with awards being issued at the bronze, silver and gold levels, with many of the South Bend VIPS Program being honored with these awards; and Whereas, the International Association of Chiefs of Police manage and implement the VIPS Program in partnership with and on behalf of the White House Office of the USA Freedom Corps, and the U. S. Department of Justice and in South Bend in 2006, 68 individuals volunteered 10,281 hours to our community for training, special events, and patrolling; which was a 19% increase of the service hours in 2005, with such special event volunteer services being provided for parades; walks & runs; funeral escorts; the sending of 57 warning letters for handicap parking violations; the sending of over 30 warning letters for parking violations; completing 22 traffic safety surveys involving speed radar zones in residential and school areas; and completing 224 neighborhood concerns tracking forms, which was an increase of 39.7% over 2005; and Whereas, the South Bend Common Council wishes to thank and congratulate all members of the South Bend VIPS Program and in particular the following VIP Volunteers for their services in 2006: Phil Carlisle Jesse DeLeon Betty Hawn Don Perkins Alex Carrillo Juanita Dempsey Barb Leavell Shirley Perkins Alanna M. Chmiel Cindy Diaz Pat Leavell Joyce Pinkerton Kim Chism Maria Diaz Barb McClure Barbara Rogan Nancy Collins Jessica Faucheux Linda Michalski Viola Sims Lee Connett Phyllis Fields Teri Michalski Jaok Willis Thomas Corse Karen Gilbertson Roger Nimtz Lt. Richard Powers Cindy DeLeon Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council publicly commends, honors and sincerely thanks all of the citizen volunteers who are members of the South Bend VIPS Program, for their dedication and commitment to helping others in serving the South Bend community. Section II The Common Council believes that each and every member of the South Bend VIPS Program has demonstrated, by example, their services to our city which through their sustained commitment to civic participation will hopefully inspire other to make Volunteering a central part of their lives in the years ahead. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Ervin Kuspa, 6d` District s/Charlotte D. Pfeifer, 2nd District s/Al "Buddy" Kirsits, At Large s/Roland Kelly, 3~d District s/Timothy A. Rouse, At Large s/Ann Puzzello, 4~` District s/Karen L. White, At Large s/Dr. David Varner, Sd` District REGULAR MEETING MARCH 12, 2007 s/Kathleen Cekanski-Farrand,Council Attorney Attest: Adopted this 12~` day of March, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Karen L. White, 1912 Malvern Way, South Bend, IN 46614, made the presentation for this Resolution by reading it in its entirety, offering her comments and presenting it to Lt. Richard Powers and the Volunteers in Policing (NIPS). A Public Hearing was held on the Resolution at this time Lt. Richard Powers, South Bend Police Department, Coordinator for Volunteers in Policing (NIPS), thanked the Council for this great honor. In 2006, the NIPS exceeded 10,000 volunteered hours, not only a new mile stone for this area, but actually the entire Midwest of the United States for VIP Units. He also thanked Chief Fautz for his support, without that this unit would not even exist. Lt. Powers thanked Mayor Luecke for his support and encouragement over the years. Chief Fautz, South Bend Police Department spoke in favor of this Resolution. He stated that this unit is the most dedicated enthusiastic group of people that he has ever worked with. There is no task that they would not tackle for this Department or City. There are always there when the chips are down. He thanked the NIPS for all their hard work and the SBPD could not do their jobs with them. Division Chief Rick Bishop, South Bend Police Department, spoke in favor of this Resolution. He thanked the NIPS for all that they do for the City of South Bend and the Council for this great honor. Sgt. Scott Ruszkowski, South Bend Police Department, President FOP #36, spoke in favor of this Resolution. The NIPS are very instrumental in the Citizen's Police Academy and when the least appeal job needs to be done the NIPS are ready, willing and able to do the task. They stand and direct traffic in rain, sleet, snow, ice storm, lightning, hail, you name they are there. He commended the NIPS on a job well done. Councilmember White made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:50 p.m. Councilmember Kuspa made a motion to resolve into the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White 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 White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 3-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3111 CORBY BLVD., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING MARCH 12. 2007 Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Robert Nemeth, Staff Planner, Area Plan Commission, 11~` Floor County-City Building, South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the petitioner is requesting a zone change from SF1 Single Family and Two Family District to MF1 Urban Corridor Multifamily District to allow residential development. Currently on site is the abandoned McKinley pool and parking lot. To the north are single family homes zoned SF1 Single Family Residential District. To the east are single family homes zoned SF1 Single Family Residential District. To the south are single family homes zoned SF1 Single Family Residential District. To the west is an apartment complex zoned MF2 High-Density Multifamily District. The "MF1" Multi-family Residential District is established to protect promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects (including apartment, townhouse or row house style developments) and high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. The site is approximately 2,786 acres. There are 42 proposed two-story, three bedroom multi-family dwelling units at a density of 15.5 unites per acre. Buildings will cover approximately 28% of the site. Concrete and pavement will cover an additiona130% of the site. The remaining 42% of the site will consist of open space. There will be one access point on Corby Boulevard. 42 parking spaces will meet the minimum required by the MF1 zoning ordinance. The current design of the site does not allow space for any additional amenities, such as recreational space or additional parking. For traffic and transportation considerations Corby Boulevard has two lanes. The site will be served by municipal sewer and water. The Comprehensive Policy Plan City of South Bend City Plan, November 2006 states urban design policy UD 1.6: Respect the scale, design and aesthetic quality of established neighborhoods when undertaking infill development projects. The rezoning as proposed, conflicts with the Comprehensive Plans Urban Design policy. South Bend and St. Joseph County Indiana, Apri12002 Goa13. Objective C. Policy v: Residential developments should be designed to include adequate open spaces in either private yards or common areas to partially provide for residents' open space and recreation needs. The rezoning conflicts with the Comprehensive Plans neighborhood policy. The City of South Bend, City Plan, November 2006, the future land use plan identifies this area as low density residential. The rezoning conflicts with the Comprehensive Plans future land use plan. Although the rezoning conflicts with the comprehensive plan the staff believes the history of the site and its unique shape is not conducive to detached single family residential development. South Bend and St. Joseph County Indiana, Apri12002, the Comprehensive Plan make no specific recommendation for this site. The site is currently an abandoned community pool. The most desirable use for the site if low to medium density residential. The surrounding residential property values may not be conserved with the rezoning. It is responsible development and growth to allow in the infill and redevelopment of abandoned property. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation subject to a written commitment that the project not exceed 7.5 units per acre; however if the petitioner does not wish to commit to a maximum density requirement of 7.5 units per acre, the staff recommends unfavorable. David Matthews, 603 Manchester Drive, South Bend, Indiana, made the presentation for this bill. REGULAR MEETING MARCH 12, 2007 Mr. Matthews advised that the property consists of approximately 2.786 acres on two lots in McKinley Terrace. The site is the abandoned McKinley Terrace Swimming Pool. There are approximately 850 homes in McKinley Terrace. About 50 years ago, a group of 250 families formed the McKinley Terrace Community Club to solicit membership and raise funds to build the swimming pool. Due to the declining membership and increasing costs to operate and maintain the pool, the pool was closed in 2002. It was sold to an investor and then sold to the petitioner. They are proposing to transform the site into a 30 unit attached condo townhouses. Consisting often buildings of three-units each. The units will have either one (1) or two (2) car attached garages, three (3) bedrooms, two and one half 2 '/z baths. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Brad Trethewey, 838 S. Ironwood Drive, South Bend, Indiana, advised that he has been a life long resident of South Bend. Every morning he drives his daughter over to Edison School, and passes by the McKinley Terrace Pool. He stated that his first job was at the McKinley Pool, he was a lifeguard there, and helped coach various swim teams at the pool. He really hates to see it go, but right now it has become quite an isore. He also was involved in a restoration project within the McKinley Terrace neighborhood, and with the pool possibly being gone and the area being developed; this development would really help property values and bring the neighborhood up in general. Mr. Truckaway stated that this project would be a very good idea and encourages the Council's favorable recommendation. There was no one else present wishing to speak in favors or opposed to this bill. Councilmember Puzzello stated that she believes that this project is the highest and best use of the property. She stated that the pool was a wonderful asset to the members of the McKinley Terrace Community, and it is sad to see it go, however, it is just not feasible. Additionally, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 4-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3811 LOCUST ROAD, COUNCILMANIC DISTRICT NO. 6, 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 sends it to the full Council with an unfavorable recommendation. Robert Nemeth, Staff Planner, Area Plan Commission, 11~` Floor County-City Building, South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the petitioner is requesting a zone change from SF1 Single Family and Two Family District to MF2 High-Density Multifamily District allow apartment buildings. On site is a wooded lot, zoned SF1 Single Family and Two Family District. To the north is a single family home zoned SF1 Single Family and Two Family District. To the east are single family homes zoned SF1 Single Family and Two Family District. To the south is woods and a home zoned SF1 Single Family and Two Family District. To the west is U. S. 20/St. Joseph Valley Parkway. The "IVIF'2" Multi-Family Residential District is established to protect, promote and maintain the development of high density multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects with on site amenities. The site is approximately 8.90 acres. There are 96 proposed multi-family dwelling units for a density of 10.75 units per acre. The seven buildings are 10 REGULAR MEETING MARCH 12, 2007 three stories, and they will cover approximately 17% of the site. Pavement will cover an additiona120% of the site. The remaining 63% of the site will be open space. The site plan shows 142 parking spaces. The site will have one access from Locust Road and traffic and transportation considerations are that Locust Road is a two lane road. A water main is located on Locust Road and municipal water is available to the site. A sewer main is located approximately 1,000 feet to the north, and the developer will be required to extend municipal sewer to the site. The Comprehensive Policy Plan for the City of South Bend City Plan, November 2006 Housing Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. The rezoning is consistent with the Comprehensive Plans housing policy. South Bend and St. Joseph County Indiana, Apri12002 Goa13. Objective C. Policy L Medium or high-density multi-family housing, or other facilities with intense activity should be located along arterials with access to the arterial street or to a collector street. The rezoning is consistent with the Comprehensive Plans neighborhood policy. The land use plan for the City of South Bend City Plan, November 2006 is that The Future Land Use Plan recommends this are for Medium Density Residential, which is between 6-12 units per acre. The rezoning is consistent with the City Plan land use plan. In Apri12002, South Bend and St. Joseph County Indiana, stated in their The Comprehensive Plan to make no specific recommendation for this site. The site is currently a wooded lot. The surrounding area is residential in character. The most desirable uses for this property are low or medium density residential. The surrounding single family property values may decrease or be conserved with the rezoning. Adequate landscaping and buffering should help conserve property values. It is responsible development and growth to promote medium density residential development as recommended by City Plan. The site plan conforms to the zoning requirements without variances. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation subject to written commitments that the project not exceed 12 units per acre and that the development connect to municipal sewer and water. This commitment will ensure the site conforms with the density standards recommended by City Plan. By limiting the development to medium density, the area should be able to maintain its residential characteristics while accommodating the anticipated growth patterns. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation on behalf of the owners, Nancy Boyer and Lois Reed, as well as the contingent purchases of the property. Mr. Feeney stated that this particular piece of property is located on the west side of Locust Road, north of Ireland Road and South of St. Mary's of the Assumption Church. The physical characteristics of this property are that it is essential high in the middle and lower at each end. The proposed use based on conversations with the staff of the Area Plan Commission was arrived at medium density residential In the original due diligence period that the petitioner took part in indicated that the South Bend City Plan has targeted this particular area of the City as medium density residential. With that in mind, that is how the preliminary plan for this particular piece of property. The number of buildings on this particular piece of property as well as the 96 units represent eight (8) and sixteen (16) unit buildings. They are at somewhere between ten (10) and eleven (11) units per acre, well below the twelve (12) units per acre recommended by the Area Plan Commission. Mr. Feeney stated that they are more than comfortable with any written commitment relative to the number of units per acre on this particular project. The developer intend in conjunction with this project to extend sewer and water to this site at their own expense. The drainage on this particular piece of property would be developed to South Bend City standards; the landscaping would also be developed to South Bend City standards with the walks and parking developed as well. In addition to those standards, standards for open areas recreational areas on this property have been taken in account and balanced throughout along with other requirements. The City Plan does recommend this area as medium density residential; this plan was arrived at by staff of the City, as a result of meetings held throughout the City, public meetings that generally led to the plan as seen today. The Area Plan Commission Meeting yielded comments on both water table and wetlands from concern residents in that area. Both of these issues were checked shortly after that particular meeting by both members of Lang Feeney & Associates Staff and found not to be a problem in this particular instance. Wetlands do not exist based on an examination 11 REGULAR MEETING MARCH 12, 2007 by staff this examination was performed by the Army Core of Engineers in the office. In addition, the petitioner is prepared to make commitments for the density on this project along with commitments that the developers will extend at their own expense sewer and water to the site. Councilmember Tim Rouse asked if Mr. Feeney has a letter or report from the Neighborhood Association. Mr. Feeney responded no he does not. Mr. Feeney noted that he is not sure whether there is a Neighborhood Association out there. 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 opposition to this bill. Steve Overmyer, 3447 S. Locust Road, South Bend, Indiana, advised that he is not the President of any Neighborhood Association; he is just a resident that lives near the proposed project. He stated that he feels like a broken record, over and over again stating that this project does not fit the City of South Bend City Plan. This project does not fit the neighborhood which is single family housing. He urged the Council to send a message to the developer, that this is not the best use for this property, come back with a plan that has single family homes on it, and you will not seen anyone remonstrating against that use. Mark Stevens, 3515 S. Locust Road, South Bend, Indiana, advised that he talked with the Department of Natural Resources and they advised him that the wetland that is just south of this property the underlying soils are also considered part of a wetland. It doesn't have to be wet on the property, it just has to be in proximity or have soil around it. This property is at the very end of Portage Township and at the beginning of Centre Township, everything to the South, North, East and West of this property is single family. By putting an apartment complex, Multi-Family 2, allows them to have up to and over twelve units, even with written commitments, he believes that once the project is allowed, the developer will be able to do whatever they want. MF1 more suits this particular property. There are no sidewalks, curbs, bike paths on this property; the infrastructure is not there for a project like this. City Plan addresses environmental management, and one of the main ideas is surface runoff. By putting this apartment complex there, all the runoff from the parking lot, cars, and number of people will violate that goal. Also, there are safety concerns with a development of this magnitude with only a single access onto Locust Road. Mr. Stevens urged the Council to recommend this bill unfavorably. David Pink, 3631 S. Locust Road, South Bend, Indiana advised that the underlying issue ofnon-conformity to the area. This is trying to bring a high density use to a rural single- family neighborhood. There are presently no City Sewer, sidewalks or bike paths within 1,000 feet of this property. There is no bus service and the nearest Public School is Hay. Mr. Pink stated that Locust Road is a two-lane road with no shoulder. Several utility poles have been hit because of no shoulder, the last one was a week and half ago. Locust Road is posted with no truck route signs because of the lack of no shoulder and lack of pavement support. This project would affect the natural surroundings and wildlife that the neighborhood has come to enjoy. There are many ponds on private properties surrounding this project. Trespassing onto these private properties raises concern for safety. The water table impact will be devastating to the neighbors. Especially, for those who are running commercial grade sump pumps 24/7. The water table across the street is 10 inches below grade and the piece of property is not build able by state decree. We already have homes built on swamps on Locust Road. You can pick them out by a passing car. They are the housing with the mold growing inside and out. This is a very unhealthy situation and a disaster waiting to happen. We do not need more of the same. The high pressure main to provide sewer to this location requires that every homeowner wanting to get into it, which is supposed to be one of the reason for offering it, would 12 REGULAR MEETING MARCH 12, 2007 require that the owner injected a higher pressure than the main. The average cost to a homeowner is three to eight times than a gravity system. With this high pressure main, there will inevitably be leakage and runoff thus contaminating wells and ponds. This will also reduce property values. Development needs to be smart and beneficial to the entire neighborhood and the City. Not just because one or two individuals perceive a need. Is South Bend becoming the Benton Harbor of Indiana, so we can have more windows boarded up? This project does not fit City Plan, it is not needed, and it is not a good idea. It will lead to a reduction of property value. Mr. Pink urged the Council to defeat this bill. In rebuttal, Mr. Feeney stated the City Plan that was developed by the Community and Economic Development after many public hearings, indicates that this area is suitable and targets this area for low density residential. At the current time there is absolutely no zoning classification that will guarantee low density residential for this particular area. However, the developers and the current property owners are willing to enter into a guarantee with the City that this property will remain low density residential. That is part of the commitment that they are stating that they are willing to enter into. So, consequently it does fit the City Plan. Surface run off is guaranteed to pollute adjacent water supply that is not the case in fact when retention areas are used as a viable and preferable tool by the IDEM in storm water management. In the subdivision Hidden Creek, west end of Jackson Road, South of the By-Pass, they dealt intensely with IDEM in preparation in plans for the protection of wetlands on that property. Those plans involved retention areas immediately adjacent to the wetlands, where water was allowed to sit and solids were allowed to settle out of the water before it entered into the wetlands area. In other words, a control basin, where any solids and pollutants would be trapped before then enter into the wetlands. This is the type of development that the IDEM and the Department of Natural Resources recommend. Negative impact on single family, throughout this City's development they have been involved with developers and well as the Council who have spent their own dollars to extend sewer and water to the far reaches of areas that this City has annexed within its borders. Again, we are dealing with a developer that is stating and willing to put into writing their willingness to extend sewer and water to portions of this City, which currently do not have sewer and water. This is something that is a bad thing for single family residential; Mr. Feeney stated that he honestly didn't think so. He stated that this project will benefit the single family residential homes in the neighborhood. Mr. Feeney stated that Mr. Pink advised that this project will pollute, if fact this is not the case. Mr. Feeney stated that he believes that this project will not pollute. He won't guarantee it like Mr. Pink does. Crime should not be concern; it has not been seen in other areas of the City, where multi-family has been introduced. Mr. Feeney urged the Committee of the Whole to send this onto the Full Council with a favorable recommendation. Councilmember Dieter asked if IDEM recommended this project Mr. Feeney stated that IDEM recommended this particular technique. Plans have not been tendered to the IDEM. Mr. Feeney stated that his soil scientist has been certified to locate and delineate wetlands by the Army Corp. of Engineers. His soil scientist is the individual who has looked at this property and told him that there are no wetlands present on the property. Mr. Feeney reiterated that there are no wetlands on the property. Councilmember Rouse asked Mr. Pink if he mentioned that he was an engineer Mr. Pink stated that he is an Engineer. Councilmember Rouse then asked Mr. Pink if he is a civil engineer. Mr. Pink stated no he is not. Mr. Pink stated that he is a mechanical engineer, industrial engineer and a couple years towards another engineering degree. He also stated that he has had the responsibilities for about six major businesses and was responsible for the sewage of the facilities. Mr. Pink advised that he has some knowledge. 13 REGULAR MEETING MARCH 12, 2007 Councilmember Rouse asked about the homes with the mold on them. He asked if they are in the City of South Bend. Mr. Pink responded absolutely. Go down 23 take a left on Locust look to your left. There are four homes. They are built over the old swamp that used to be there 25 years ago. They filled it over and build houses. Councilmember Kuspa stated that they feel like they are being squeezed by multi-family developments on both the North and South sides. The parcel in question is a particularly residential area with a lot of wildlife and ponds. Councilmember Kuspa made a motion for unfavorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Kuspa made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, 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 8:30 p.m. Council President Timothy A. Rouse presided with nine (9) members present. BILLS -THIRD READING ORDINANCE NO. 9742-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3111 CORBY BLVD., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. BILL NO. 4-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3811 LOCUST ROAD, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion that this bill be defeated. Councilmember Kirsits seconded the motion which carried by a roll call vote of nine (9) ayes. 14 REGULAR MEETING MARCH 12, 2007 RESOLUTIONS RESOLUTION NO. 3718-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 121 NORTH ST. LOUIS BLVD. 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 LC. 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 L 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: 121 North St. Louis Blvd., South Bend, Indiana, 46617 In order to permit a Group Residence. SECTION IL 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. 15 REGULAR MEETING MARCH 12. 2007 s/Timothy A. Rouse 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 an unfavorable recommendation. Mr. Don Fozo, Building Commissioner, St. Joseph County, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the BZA. Mr. Fozo stated that the Board of Zoning Appeals hears this petition at its January 18, 2007 meeting. The petitioners are requesting a special exception for a Group Residence in a "MU" Mixed Use district, on property located at 121 N. St. Louis Blvd. This petition is send to the Common Council with a favorable recommendation. Mr. Howard Dosmann, President and owner, Northern Electric Co., Inc., 116 North Hill Street, South Bend, Indiana. Mr. Dosmann advised that he owns the property located at 121 North St. Louis Blvd., and requests a special exception for a group residence at the Saint Louis property to enable him to rent the home to a maximum of 4 college students. The property at one time had a second home listed as 121 'h which has been removed. The space now existing will allow for off street parking for the homes occupants. Mr. Dosmann stated that he has owned the property since March 5, 1993 and have held it as a single family rental since purchased. Mr. Dosmann stated that his goal is for his company which employees 31 people and is a union shop, is to build a 40,000 square foot building in the near future. In order to achieve this, Mr. Dosmann stated that he has to maximum his investments. He urged the Council's favorable recommendation. Mr. Mark Kramer, 812 E. LaSalle, owner, Kramer Properties, spoke in favor of this bill. The neighborhood in question has six vacant houses. There are four student houses in the neighborhood as well. There are only 2 owner occupied single family homes, at the present. Part of the reason that the neighborhood is declining is crime number one, high taxes, and the inability of landlords to be able to make ends meet and improve their properties, therefore they are becoming derelict. Mr. Dosmann has invested over 90,000 plus dollars in this home and it looks very nice. Mr. Kramer challenges the Council to find another landlord other than himself that is able to invest, and it all boils down to cash flow. Because of the crime and the derelict homes surrounding these other homes it's not attractive for good quality tenants to come and live here. This is the major part of the decline in South Bend. That is why we have over 2,000 vacant homes in South Bend. Landlords cannot afford to offer decent housing, based on the tax rate and the rental monies available in the area. He whole heartedly supports Mr. Dosmann, he has a great plan, and his home is going to be an asset to the Community. Think about giving him a two-year probationary period. Monitor his house, monitor the activity of the students, given him a test, let him try. The following individuals spoke in opposition to the Resolution. Ms. Marguerite Taylor, 714 E. Corby, South Bend, Indiana, stated that she is here tonight to represent the North East Neighborhood Council. The North East Neighborhood Council is border on the east Twyckenham Drive, on the South by Jefferson Blvd., on the west by the river, and on the North by Angela Blvd. The North East Neighborhood Council was formed in 1965, and were chartered and received SOlc3 in 1967. Making them the oldest neighborhood organization to continue to meet in the City. Ms. Taylor stated that they invited Mr. Dosmann to attend the meeting a weeks ago to talk to the board. He came and handed a letter stating that he couldn't come and got in his car and left. If the Council can remember the loud and raucous homes ordinance came out of the 4~` District, if you go back further than that, to Mayor Roger Parent's time, the two unrelated people living in the same house came out of the 4~` District. Because the 4~` District has the largest population of students in the City, with drunken parties, and 16 REGULAR MEETING MARCH 12, 2007 whatever else that comes along with it. Mr. Dosmann said that there is nothing happening along the river, if he was involved, there is a lot happening along the river. There is a planning group from the City and a lot of different areas looking at St. Joseph Hospital, and what is going to happen to that building. There is the NNRO the Northeast Neighborhood Revitalization Organization, that is actually looking at what is going on and not only looking but making decision about what is going on in the triangle area, the Notre Dame Avenue all the way to the river. Ms. Taylor stated that they are a group of people that actually cares about their neighborhood. The ugliest thing in the Northeast Neighborhood is the signs advertising for student rental housing. They understand that students need a place to live; they also need a place to party. The University of Notre Dame has banned all consumption of alcohol on their campus, so what do they do, they bring the alcohol off campus, into the heart of the 4~` District. The Northeast Neighborhood Council meets on the 2nd Monday of each month; they met tonight before the Council Meeting and voted on a Resolution. The Resolution was: The Northeast Neighborhood Council opposes the granting of the Special Exception for the property located at 121 N. St. Louis Blvd. Linda Stein, 1325 E. Cedar, South Bend, Indiana, President, Northeast Neighborhood Council. Ms. Stein advised that they understand the need for business opportunities and student housing that bring to the Northeast Neighborhood. They have funded many activities to bridge the gap between students and residents, but this is a continued struggle for the neighborhood to have to deal with the potential problems and problems that they have in the neighborhood with students. The Northeast Neighborhood Council has no objections with students living in the neighborhood; they just ask that they keep it to two unrelated people per home. The neighborhood has the opportunity to expand on the Eddy Street corridor; they have been invited to attend discussions on that. They have been invited to participate in discussions for the development of the triangle, and just about every business opportunity that comes to the neighborhood; groups approach the Northeast Neighborhood Council to discuss with them to dialogue. They did not have a chance to dialogue on this particular property. They are trying to avoid opening the flood gates for other student boarding houses in the neighborhood. They just don't want four people living in the same house together. It complicates the parking situation, it encourages other students to come into the home and also take up resources that are in the neighborhood. She urged the Council not to grant a Special Exception to the property located at 121 N. St. Louis Blvd. Ms. Ann Costello, 120 N. Notre Dame, South Bend, Indiana, stated that she lives relatively close to the property located at 121 N. St. Louis Blvd. She also stated that she is a member of the Executive Committee of the Northeast Neighborhood Council. Ms. Costello stated that she lives in the "eye of the storm", and she is here to make an emotional appeal to the Council. Mr. Dosmann mentioned that there are 3 single family homes on the block, and he mentioned in a way that reflected that isn't it a pity that there are only 3 single family homes, lets develop the other opportunities on the block. Mr. Dosmann kept referring to his situation as unique, indeed it is unique, there are many other things that he could do with that property to benefit the neighborhood. Ms. Costello stated that she to has a unique situation, her home was built was in 1887. She is raising three children in this home, she stated that they walk habitually in the neighborhood, through Kramer Properties, and other student rental homes, and there is so much broken glass from beer bottles. Her sons are ages six (6) and seven (7), have to ride their bikes in the street, out around the parked cars. When she walks her baby in the stroller, there are students who park their cars across the sidewalk, so she has to go into the street around the parked cars also to get around. If the Council would like to see first hand how bad it is, just go down St. Peter between Sorin and South Bend Avenue. It is a block of Notre Dame Student rentals, it just happens to be from her house to her parents home, and you are forced to walk down the center of the street, because of the debris, beer cups, garbage that isn't disposed, dogs are getting into the trash and spreading it all along the sidewalk and tree lawn. It is a mess; the students partied and then left for Spring Break. You can see it in all its glory. Ms. Costello urged the Council to vote against this bill. 17 REGULAR MEETING MARCH 12, 2007 In Rebuttal, Mr. Dosmann reiterated that this is a unique piece of property. The fact that the Northeast Neighborhood Council is challenging the South Bend Common Council on looking at this particular piece of property without affecting all of the other properties surrounding the University of Notre Dame is absolutely ludicrous. Mr. Dosmann stated that he comes to the Council to benefit his company. If approved, anoff-street parking lot will be installed and designed to hold a 100 year rain and it is going to cost approximately $10,000. Mr. Kramer suggested atwo-year probationary period that would be acceptable. Mr. Dosmann stated that would give him an adequate amount of time to prove to the Council that this particular situation on his block can be controlled. Across the street from his business is a whole apartment complex that has six individual apartments, each one having three students per house. They have no problems with these students. Last year at graduation, they had a party, there were approximately 500 people in the back yard, and by the next morning there was not one cup, beer bottle, or any other debris. These people police themselves. Mr. Dosmann stated they he would like to meet with both neighborhood organizations. Mr. Dosmann stated that he and his wife were on vacation, celebrating their 36~` Year Wedding Anniversary, and that his Vice-President was one that handed out the letter, he had forgotten that there was a prior commitment on the same evening, giving a presentation to 58 area IBEW local apprentices along with the University of Notre Dame's Electrical Engineering Department and Employees from several area business's in the area, that very same night at the shop. He had to make a decision between the Neighborhood Association meeting and the commitment that Northern Electric Co. Inc., had made. Mr. Dosmann urged the Council to approve the Special Exception. Councilmember Pfeifer asked Mr. Fozo, St. Joseph County Building Commissioner to explain to her Mr. Dosmann threat that if the Council does not pass this tonight, he will put six students in the house instead of four. Mr. Fozo stated the property is zoned mixed use. Mixed use does allow multi-family. It doesn't allow for single family, if they were coming in for a single family designation, they would also be before the Council asking for a Special Exception also, If someone would want to convert this building into several units depending on the size of the building, they could do that under the present zoning ordinance. Councilmember Puzzello questioned the rental where the party was held with 500 people in the backyard and didn't leave a mess. That was really nice that they didn't leave a mess, but the people who live next door that might have been trying to sleep, probably objected to the 500 students that were partying. She noted that when Mr. Dosmann looks at the block in question, down St. Louis, it is a neighborhood. The Northeast Neighborhood has fought had throughout the years to retain their single-family zoning. She noted that she knows first hand, because she has been part of it several times. In the East Washington Street area where Ms. Costello lives, they have largely lost the fight. So many students have come to live in that four or five block area that the noise is so bad, and that it bothers anybody who lives there as a family and so they end up leaving, and selling their property for rental to students, because nobody else wants to live there. Now, it's starting down further East Washington Street, near the East Bank, and that area pretty soon will the same type of situation, because once students move in, and if there are large numbers of them particularly, it quickly gets to a point where no one wants to live there. Because sometimes there are just too many nights that are much too noisy to sleep. The trash and debris also make it difficult to have pride in your neighborhood. My fellow Councihnember's know if they live in areas that have some abandoned homes that the answering for abandoned housing is not bad zoning. This is not good zoning, it setting a precedent, because anybody who comes before the Council in that particular area for a Special Exception would use this as an example to not refuse them. Councilmember Puzzello stated that she is against this bill, and will be voting against it. Councilmember Varner advised that this each issue is unique. The fact here is setting a precedent. Also, the City just recently went through the extensive process of City Plan. You can go to that particular paragraph in City Plan and use it to your advantage in any given situation. City Plan is a guideline; it says some nice things and point out some nice 18 REGULAR MEETING MARCH 12, 2007 things about the City. But the Council is going to be faced with this same issue time and time again, despite the fact that they may be unique to Mr. Dosmann, everyone will present their case as unique and precedent will have been sent. The best situation for this is just to leave as it is. If the return on the investment is that important to Mr. Dosmann, then the renovation modification to the apartment is probably to best solution rather than a Special Exception. Councilmember Kirsits stated that his heart goes out to Mr. Dosmann and he understands what he is trying to accomplish. However, the Council has to be very careful with the granted of Special Exceptions. The four points proposed that were mentioned that allow the Council to grant a Special Exception, could be debated both ways, where it is going to injury the public health or adversely effect property values, maybe it will, maybe it won't a block over might actually have a different effect. He stated that he worries about giving a special exception to a house, a group resident house. Councilmember Kirsits advised that he specifically remembers being at a meeting with members from the University of Notre Dame and asking if they were going to increase the number of students attending the University. The reply was not significantly. With all this construction going on, with all these townhouses being constructed, the plan on Eddy Street, he wonders if the supply is going to be to great for the demand. If the students are attracted to Eddy Street with the rows of apartments on top of the commercial development, now there is spot zoning with a special exception for group residents. Now, what does that become a bunch of railroad workers or whatever that the Council would allow for young men that may not want to go to College. Councilmember Kirsits stated that he would stay with his unfavorable recommendation to full Council. Councilmember White states that the proposal before the Council tonight states that one size does not fit all. She thinks that it is very important that as a Council they look at each project that comes before them very uniquely. Each project needs to be evaluated on its merits. She noted that it is very important that the Council hear from all the neighborhood organizations to get there feedback. Councilmember White stated that she will be voting in support of the Special Exception. Councilmember Kelly stated that he has been all over the place on this issue. The problems have to be controlled by the landlords. By establishing rules, like Mr. Dosmann has in this particular case but then following up and making sure those rules are enforced. Obviously, they are not in many cases, by hearing all the horror stories that we have heard here tonight. Councilmember Kelly stated that he too was once a student himself, as yes they partied, but they were older and wiser and did not party to the extent that it created difficulty for anyone else. The point is that the neighborhoods have to be safe and suitable for families to live. Councilmember Dieter stated that he appreciates everybody support depending on which side you think is better suited to what you believe in. He stated that he thinks there is a middle ground for this. This is a unique situation that calls for a Special Exception, and with Mr. Dosmann's business being right next door, he can keep an eye on this. Councilmember Dieter stated that he is in favor of granting a Special Exception. Councilmember Kuspa stated that there are good and bad landlords and tenants. The landlords need to be responsible for who they are renting to. Councilmember Kuspa stated that Mr. Dosmann is trying to do the correct thing by asking for a Special Exception and he will be voting in favor of granting that. Council President Rouse stated that this issue goes far beyond Special Exception for house that can already become student housing, by just adding an apartment. The Council is making a statement here tonight, about whether or not to support small and medium size businesses. There is a turf war of sorts going on between that side and the Northeast Neighborhood Association, which he does support and has stood before this Council in support of the Associations. However, Mr. Dosmann is going have students in that property whether it is going to be six (6) or four (4) is up to the Council. He thinks that four (4) is probably better fit for the neighborhood than six (6). The other side of the issue is the economic side. Here is a gentleman that has a record to show that he and his 19 REGULAR MEETING MARCH 12, 2007 family have been responsible citizens and own a business in the Northeast Neighborhood for over forty (40) years. It is detrimental to try to find that middle ground for business and neighborhoods to get along in the City of South Bend. Council President Rouse stated that the Council should just give up granting any Special Exceptions, if they cannot come together to grant this tonight based on the residential and economic issue that have been mentioned. The Council has a responsibility to this Community to look at all the issues and stand firm and make decisions based on what is best for this Community. Councilmember Dieter made a motion to adopt this bill. Councilmember White seconded the motion, which carried by a roll call vote of five (5) (Kelly, Kuspa, White, Dieter, Rouse) four (4) nays (Pfeifer, Puzzello, Varner, Kirsits) BILL NO. 07-25 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (4) FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHONOLOGY BILL NO. 07-26 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY Councilmember Varner made a motion to continue Bill Nos. 07-25 and 07-26 indefinitely at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3719-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 129 NORTH MICHIGAN STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (6) SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR MHM REALTY, LLC, TRIO'S RESTAURANT WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as MHM Realty, LLC, South Bend, Indiana, and which is more particularly described as follows: 20 REGULAR MEETING MARCH 12, 2007 North''/z Lot 14 S 28' of E 99' Lot 13 O P South Bend and which has Key Number 18-1002-0073, as an Economic Revitalization Area, and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION IL The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (6) six years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Herbert Wilson, 2610 Twixwood Lane, South Bend, Indiana, made the presentation for this bill. Mr. Wilson advised that that he proposes to rehabilitate the property located at 129 North Michigan Street which has been vacant for more than (6) six years. The project will convert 8,100 square feet of the first floor space to a restaurant, jazz club, and banquet/private meeting space. The mezzanine area will remain office space. The basement will be used for a prep kitchen, inventory storage, and employee changing rooms. Extensive upgrades to the roof, HVAC, electrical, and plumbing systems will occur. The rehabilitation costs for the project are estimated at $586,087. It is estimated that the total project will create four (4) new, permanent, full-time jobs and twenty-eight part-time, permanent jobs within the first year representing a new annual payroll of $489,232. 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 Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 21 REGULAR MEETING RESOLUTION NO. 3720-07 MARCH 12, 2007 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2007 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on February 21, 2007 the City Business Licensing Clerk provided written notice to the City Clerk that the following business had been approved for Scrap Metal Dealer, Junk Dealer, Valuable Metal Dealer and Recycling Operations Licenses for the 2007 licensing, year; and Concrete Recycling Center 1702 N. Bendix Drive A-1 Auto Parts 2014 S. Lafayette Blvd. WHEREAS, the license applications for all above-referenced business received favorable recommendations from the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION L The license applications for the following businesses are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Business Licensing Auditor's communication to the City Clerk dated February 21, 2007: Concrete Recycling Center 1702 N. Bendix Drive A-1 Auto Parts 2014 S. Lafayette Blvd. SECTION IL This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Chuck Clark, License Auditor, Department of Administration and Finance, 12~` Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Clark advised that in accordance with the procedure for the renewal of City Business/Occupational licenses for the operation of Scrap MetaUJunk Dealers/Recycling Operations, renewal applications for two (2) businesses Concrete Recycling Center, 1702 N. Bendix Drive and A-1 Auto Parts, 2014 S. Lafayette Blvd, South Bend, Indiana, were submitted to the Police Department, Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building Department. The properties were inspected for Fire Code violations, environmental violations proper maintenance of the premises and areas outside the fences, and the height and condition of the surrounding fencing. Both applications received favorable recommendations from all departments. A Public Hearing was held on the Resolution at this time. 22 REGULAR MEETING MARCH 12, 2007 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS, FIRST READING BILL NO. 12-07 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: KNOBLOCK STREET FROM NORTH OF VOORDE DRIVE TO SOUTH OF PROGRESS DRIVE AND MAPLEWOOD AVENUE FROM NORTH OF VOORDE DRIVE FOR A DISTANCE OF APPROXIMATELY 470 FEET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on March 26 2007.Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $10,000.00 FROM HAZ-MAT FUND (#289) This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on March 26 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 14-07 FIRST READING ON A BILL FO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $77,400 FROM RIVER RESCUE FUND (NO. 291) TO TRAIN PERSONNEL AND PURCHASE EQUIPMENT This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on March 26 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, DOUGLAS ROAD PARTNERS, L.., 17253 & 17295 DOUGLAS ROAD, SOUTH BEND, INDIANA 23 REGULAR MEETING MARCH 12, 2007 This bill had first reading. Councilmember Kelly 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 NEW BUSINESS PRIVILEGE OF THE FLOOR Mr. James A. Master, 211 W. Washington, Suite 1800, South Bend, Indiana, commending the Council for being able to sit through a long session, by keeping your sense of humor and keep your focus on the best interests for the City. Where are we with the Parking Ordinance, it is going on two (2) years. Mr. Master's stated to Councilmember Varner when he goes home tonight, he will pass three, four cars on a two block stretch, parked up on the front yards. Our neighborhoods don't have to turn into junk heap and that's where it is. It is squarely in the Council's hands to pass that ordinance, so that there is an effective tool, to combat this problem. It's not just where he lives, it's all around this City, and no district is exempt. Mr. Master's asked if he could help, he stated that he already sent one draft of an ordinance. He asked if the Council could get the ordinance prepared and get on with it. Council President Rouse stated that the issue of parking is going to be referred to the Health and Public Safety Committee and Councilmember White is the Chairperson of that Committee. Councilmember White stated that the parking ordinance is scheduled for 1 gc Reading at the March 26, 2007 meeting. She stated that she has met with other Councilmember's as well as the City Attorney, to work out a revised Ordinance addressing some of the issues that have been heard thus far. Information will be forthcoming and lgt Reading is scheduled for March 26, 2007. She stated that the Health and Public Safety Committee will have at least one meeting separate from the afternoon Committee Meetings that are held on Council Meeting Mondays. This will give individuals ample time to come and to respond to the Ordinance. The Health and Public Safety Committee's plan is to move forward and as quickly as possible. Councilmember Puzzello advised that two issues will be discussed general yard parking all over the city and Special Exceptions have been separated from each other and there are two bills. The only bill that will receive 1 gc reading on March 26, 2007, will be general yard parking. Special Exceptions will not be addressed at that time. Additionally, Mr. Master's asked where is the Council with the Building at Western Avenue and Walnut Street. Councilmember Pfeifer responded that she has e-mailed David Fecteau, Community & Economic Development, after Mr. Master's brought up this property. She noted that the Department of Code Enforcement has done a lot of work on that building. She noted that there is a business or corporation or partnership that owns it and they have disappeared. The individual who owns it has hidden behind the business, corporation, partnership, kind of thing. She noted that the building is structurally sound, and she asked Code as they are deliberating, to board up the windows, and get rid of the graffiti. Councilmember Pfeifer stated that she has talked to Catherine Toppel, Director of Code Enforcement, today, and she is going to do that. Evidently, the business that the City works with to board up properties doesn't do second story structures. They have done everything they can do to try to find the owner of it. Mr. Masters replied to Councilmember Pfeifer that he doesn't mean this to be critical, and he directs his comments to the entire Council. He stated that it is his observation that some of the members of the Council to get along with the administration and go along with the administration are simply advocated. Your role as an effected advocate for the 24 REGULAR MEETING MARCH 12, 2007 betterment of your neighborhoods. He read in yesterday's newspaper, he and his wife just had a laugh. Where the director of Code Enforcement was quoted in reference to a building apparently on the other side of the viaduct on the northeast corner of Washington and Walnut. The comment was that the company that owned the building is out of business, no one was legally responsible for the building and yet, they weren't sure that they could get a court order to demolish the building. He has dealt with these people for nearly thirty (30) years, and you can get a thousand (1,000) excuses. But twenty-five (25) years ago when he worked for the City, he can't imagine a single Councilmember that would have allowed that building to exist in their district for one day. Let alone for more than one (1) year. Somebody should be tap dancing on the head of the Director of Code Enforcement if all you are getting is excuses. There is no reason for that building to have sat there for a year with an obscenity on it. Don't tell me that they cannot fmd an owner, don't tell me that they cannot board up the windows, and don't tell me that they cannot remove graffiti from the building. It's been six weeks since I first mentioned it to you. The point of the matter is that he appreciates the Council's efforts, but you know what sometimes you have to kick somebody up the backside to get them to do something. He stated that he ends up having to do that in his neighborhood almost once a week to call code enforcement, and basically the last time he threatened to hold a press conference to do something. Councilmember Pfeifer stated that she personally does not like to tear down a sound structure. Mr. Master's stated that all that needs to be done is board up the broken windows and remove the graffiti. Mr. Timothy Kluszynski, 617 Park Avenue, South Bend, Indiana, Vice-President, Chapin Park Neighborhood Association, but is speaking as an individual and not for the Chapin Park Neighborhood Association. Mr. Kluszynski stated that just a few years ago he recalled a recent feature that aired on a local public radio station WVPE, in it Councilmember Pfeifer and Councilmember White were interviewed and shared their thoughts on Civic Activism and their experiences in local government. For him the segment did convey a central theme, which was to acknowledge that we as citizens have a duty to bring our ideals, concerns and aspirations to the public arena. To interact with out representatives and for the more ambitious to answer the call as public servants. It was truly an inspirational message. Near the end of the broadcast it was revealed that neighborhood associations in particular offer excellent opportunities for community involvement. Suggesting to that these organizations are liaisons and springboards for local government. He was encouraged to understand that perspective from some of our public officials by realizing the importance of this community function. He stated that many if not all members of the Common Council support this as well, but since he is only a resident of the lgt District, he must call the attention to the impact of these organizations and the effect that they have their. For community leadership and pride of place and quality of life are celebrated as one. Issues demand that residents participate in the public process and as you might expect residents often fmd comfort in their neighborhood associations. They depend upon their chosen neighborhood representatives for information and support. Many times that support is needed during public hearings and in forums like this. Recently, he was disturbed to learn that this Council does not yet formally recognize neighborhood associations. He wonders if there were legislative reasons for this, where a certification would ratify certain qualifications. For example, to authenticate that a board is authorized to represent a particular territory. To verify fair practices in its election process and to outline protocol for record keeping and insure safe guards that it ensures open participation. Still until this comes to pass, neighborhood boards and knowingly handicapped, hamstrung to represent their constituents when it is imperative and important that they do so. He appealed to the Council to remedy this dilemma and offer to assistance in finding the most appropriate solution. Council President Rouse stated that this topic will be sent to the Residential Neighborhoods Committee, which he is Chairperson. 25 REGULAR MEETING MARCH 12, 2007 ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 9:50 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 26