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HomeMy WebLinkAbout03-28-11 Common Council Meeting Minutes REGULAR MEETING MARCH 28, 2011 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 28, 2011 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 1 st District, President Thomas LaFountain 3rd District Henry Davis, Jr. 2nd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District, Vice-President Al "Buddy" Kirsits At-Large Timothy Rouse At-Large, Chairperson Committee of the Whole Karen L. White At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the March 14, 2011 Meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember Puzzello made a motion that the minutes of the March 14, 2011 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Jeri Hathaway, 601 Park Avenue, Director, Ignition Park at Notre Dame, welcomed Councilmember Timothy Rouse as the Council's representative to the Architectural Review Board for Ignition Park. She stated that she looks forward to working with Councilmember Rouse. City Clerk John Voorde sworn in Citizen Member Murray Miller to the Council's Community and Economic Development Committee. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:04 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Rouse, Chairperson, presiding. Councilmember Rouse explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. 1 REGULAR MEETING MARCH 28, 2011 Councilmember Rouse stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 75-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2-8 AND 2-10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL Councilmember White made a motion to continue this bill until April 11, 2011 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 86-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES Councilmember Dieter made a motion to continue this bill until April 11, 2011 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 07-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $2,000,000 FROM MAJOR MOVES FUND (#412) AND THE SUM OF $400,000 FROM SEWAGE WORKS CAPITAL FUND (#642), FOR TOTAL APPROPRIATION OF $2,400,000 FOR THE PURPOSE OF INFRASTRUCTURE CONSTRUCTION AT THE TRIANGLE PROPERTY PROJECT SITE Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this substitute bill to the full Council with no recommendation. Mr. Gregg Zientara, City Controller, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that this substitute bills amends certain language omitted from the original bill. The omitted language is contained in Section III., of the substitute bill, whereby "the monies appropriated within this ordinance from Major Moves Fund (#412) will be repaid from TIF Northeast Residential Fund (#436)to the Major Moves Fund (#412) beginning in fiscal 2012, with a principal and interest payment commencing August 15, 2014 and ending February 15, 2029. Interest will accrue from the date of appropriation. Mr. Zientara stated that this language added to the bill will ensure that the desired infrastructure improvements are paid for by TIF financing and to secure repayment from the TIF district to the Major Moves fund. 2 REGULAR MEETING MARCH 28, 2011 Mr. Gary Gilot, Director, Public Works, 13th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that the Triangle Development project is a construction project defined as 55-60 residential properties, 70% at market rate pricing and 30% affordable pricing. The appropriated funds will be used to pay for the public infrastructure improvements including roads, curbs, sidewalks, street lamps, sewer lines, etc., per the approved architectural and project design. The original appropriation of$5.3 million was segmented to include $4.1 million related to Eddy Street Commons and $1.2 million to the Triangle Development. Monies appropriated for the Triangle Development were never expended, due to project delays resulting from property acquisition delays. The City let the appropriation expire at the end of 2009. Now, the City desires to recommence the Triangle Development project at this time and therefore, request to appropriate $2.4 million, $2.0 million in Major Moves Fund #412 and $0.4 million in Sewer Capital Fund #642. Mr. Gilot proposed a friendly amendment as per prior discussion a new Section IV. to read as follow: The Common Council appropriates these funds contingent on the Administration not awarding construction contracts until there is firm evidence of demand for lots to build housing in the Triangle subdivision. This evidence of demands shall be met when 25 lots are held by 25% deposits on the value of the lots. It is understood these are refundable deposits if the project does not go forward. Councilmember Oliver Davis asked Council Attorney Kathleen Cekanski-Farrand her opinion on the friendly amendment. Council Attorney Kathleen Cekanski-Farrand advised that the amendment Mr. Gilot read into the record be new Section IV. and to amend Section V. to read as follows: This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and upon the conditions set forth in Section IV being met. City Clerk John Voorde read into the record the amendment: New Section IV. to read as follow: The Common Council appropriates these funds contingent on the Administration not awarding construction contracts until there is firm evidence of demand for lots to build housing in the Triangle subdivision. This evidence of demands shall be met when 25 lots are held by 25% deposits on the value of the lots. It is understood these are refundable deposits if the project does not go forward. Council Attorney read into the record the new Section V. as follows: This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and upon the conditions set forth in Section IV being met. Councilmember Henry Davis asked if the Board of Public Works would then return to the Council to give a report when these measures have been met. Mr. Gilot advised that the Board of Works could send a letter to the City Clerk or to the President of the Council or both. Councilmember Henry Davis stated that why he is asking is because there is another piece to this, the project labor agreement being attached to this public works project not the private sector work that is going to be done. He stated that he would like to see some language or a commitment to a project labor agreement. He stated that he is sure that everyone is not opposed to having local jobs for local people. Mr. Gilot stated that a local resident worker clause without a PLA(Project Labor Agreement.) Councilmember Henry Davis stated that they would get more out of it with a Project Labor Agreement. Mr. Gilot stated that he doesn't think so. Councilmember Henry Davis asked Mr. Gilot to explain. 3 REGULAR MEETING MARCH 28, 2011 Mr. Gilot stated that a Project Labor Agreement would preclude job actions, strikes, work slow downs, work stoppages, and the union would handle the payroll checking on a periodic basis so it would take that burden off his inspection staff. Councilmember Davis asked if that would be a negative or a positive. Mr. Gilot stated that it would relieve a small administrative burden from his office and a small risk of a job action removed from the project. He stated that they use a PLA from time to time usually on projects of greater complexity with multiple trades. This is a fairly straight forward infrastructure project. So the more open the competition they certainly would put in a specification clause that would set some goals for local resident workers but that is not necessarily accomplished with a PLA. He stated that you could do it in a PLA, you can do it in a specification as in the past. Councilmember Henry Davis asked for what is in a specification clause, because this is the first time he has ever heard of it. Mr. Gilot stated that the first time they used it was in a recent project in Ignition Park. Because it is a high profile Economic Development Project, they wanted local participation in the project. They wrote a specification clause for 20% local resident workers over the whole job and it will be monitored each payroll and transparently reported. Councilmember Rouse asked if that document in question doesn't exempt union participation. Mr. Gilot asked if Councilmember Rouse was referring to a PLA. Councilmember Rouse stated the document that they like to use over a PLA. Mr. Gilot stated that the City Specification is an open bidding document. All contractors union and non-union can bid it. Councilmember Henry Davis stated that his main concern is that local laborers working on this project. He stated that his concern is that they have stated that they were going to do something like this and then they don't meet their marks. Councilmember Henry Davis used the Eddy Street Commons Project as an example. He stated that when he walked around the project and saw construction out there it was something opposite of what they said they wanted to do out there. Mr. Gilot stated that the public infrastructure on that job was a lot of local contractors; it was all done by public bidding standards. The private work was not. Councilmember Oliver Davis asked Council Attorney Kathleen Cekanski-Farrand if there was anyway that specifications could be put into this bill. He stated like the example of 20% as used in Ignition Park. Kathleen Cekanski-Farrand stated that they could make a request with regard to the specification clause, if the City Administration would be willing to add that language. Mr. Gilot asked to what level of local resident worker. Councilmember Oliver Davis stated like what was done at Ignition Park. Mr. Gilot stated yes they could. Councilmember Henry Davis questioned whether the number was 25% or 20% and where did that number come from. Mr. Gilot stated that it was a judgment call. Mr. Gilot clarified that the language of that clause says that they desire the highest level of resident worker participation possible but 4 REGULAR MEETING MARCH 28, 2011 not less than 20%. Mr. Gilot stated that they would be tickled to death if that number could be 50 or 70 percent. But when that number gets in that range it gets anti- competitive and there are risks of lawsuits if you put that number too high. Councilmember Henry Davis asked Mr. Gilot how it was determined that 20% is the number that should be used. Mr. Gilot stated that it was decided upon after numerous discussions with the City's Legal Department staff Councilmember White asked Mr. Gilot on the time frame for eminent domain on the remaining parcels to be acquired. Councilmember White asked Mr. Gilot to make sure that Mr. Harris from Harris Liquor Store gets a copy of the map that was provided at this afternoon's committee meeting. Mr. Gilot stated that the Board of Public Works process for eminent domain is completed. It has been appealed to the Court and the City's Legal Department has filed a summary judgment and he believes that the Judge is pondering that. He stated that it is difficult to say when the Court will render a decision. Councilmember White asked Mr. Gilot if the project would be held up until the Court reaches a decision or could the city go forward with the project. Mr. Gilot stated that the appeal will render a decision of whether or not the City has made appropriate use of the eminent domain statute and can have that land for the purpose of right-of-way for the street and other infrastructure. The appeal process may continue over the decision of monetary compensation. The court may appoint different appraisers to question the appraisals that they prepared, and then they may either owe the court more money or they may get a refund. But the city's ability to take the land and proceed with the project will be decided more quickly. Council Attorney Kathleen Cekanski-Farrand read the following amendment into the record: The Common Council appropriates these funds contingent on the Administration not awarding construction contracts until there is firm evidence of demand for lots to build housing in the Triangle subdivision. This evidence of demands shall be met when 25 lots are held by 25% deposits on the value of the lots. It is understood these are refundable deposits if the project does not go forward. The City Administration agrees to include a specification clause calling for the highest level of local resident workers within St. Joseph County, but not less than 20%. Councilmember Oliver Davis made a motion to accept the amendment as read into the record by Council Attorney Kathleen Cekanski-Farrand. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Henry Davis asked if the percentage could be at 25%. Council Attorney Kathleen Cekanski-Farrand stated that she was not a part of the discussion that took place between Mr. Gilot and the City's Legal Department staff and at this point she would feel much more confident in their judgment and cannot render a decision at this point. She feels that 20% is reasonable. 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 was no one present wishing to speak in favor of the bill. The following individual spoke in opposition to this bill. Mr. Murray Miller, 1201 Priscilla Drive, South Bend, Indiana, stated that he is not speak in favor or against, but had a concern regarding the 20%. He would like to see that 5 REGULAR MEETING MARCH 28, 2011 percentage assessed for the entire job and not just at the end. He stated that if it is assessed at the end then the local worker loses out on the work. Mr. James Harris, 1125 South Bend Avenue, South Bend, Indiana, spoke in opposition to this bill. Mr. Harris stated that he knows nothing about the plan at the triangle, to change the direction of the streets and close some off at S.R. 23. He stated all that was said to him was that the City was not going to take his property. He stated that he has not seen the map that was discussed at this afternoon's committee meeting. He asked for a continuance on this bill until he has an opportunity to look over the plans. Ms. Carol Davis, 1631 Lincolnway East, South Bend, Indiana, spoke in opposition to this bill. She stated that the two homes in question should be used as anchors for the proposed subdivision. Ms. Davis stated that 100% of the jobs should be offered to local resident workers in South Bend. Local money, local jobs, the money stays here. In Rebuttal, Gary Gilot advised that with the concern from Mr. Miller and computing the percent at each payroll that isn't the standard that they use, it is over the course of the whole job; aggregate hours in dollars in have to be 20% of the jobs local minimum. There maybe times due to the nature of the trades or subcontractors on the job where it is 40% and other times where it is 10%, but over the whole job it has to come out to a weighted number of 20%total jobs. So it's not like they take a snapshot at the end of the job and be at 2%for the whole job but on the last day you make sure that you have 20% local at that would pass, that would not pass. Mr. Gilot stated that you have to meet the aggregate over the whole job. Mr. Gilot then noted the issue about the map. He stated that Mr. Harris has been a member of the neighborhood organizations that have had numerous discussions on this plan. Mr. Gilot noted that this plan has not changed since 2009. Mr. Gilot advised that this plan has been discussed at numerous NNRO; NENC meetings, so the map is not a shocking new layout that they just came up with. Mr. Gilot stated that the issue of 100% local resident worker is nice and we all feel that way in our hearts, however, the State of Indiana Statutes say differently. He stated that they are trying to do something that stretches public policy without ending up in court. So it was a serious judgment with involvement with legal counsel to set it at the 20% not at 100%. He stated that they put wording in there that their goals are as high as possible, and keeps them on the right side of the law. Mr. Henry Davis asked what the State Statute says. He stated that when a bill comes before the Council their information is limited because it is presented as how the administration would like it to appear. Mr. Gilot stated that the public bidding statutes call for open specifications to promote opening competition and that they award to the lowest responsive bidder. He stated that many people refer to it as lowest and best, but that is not exactly what the statute says. He stated that it is lowest and responsible, responsible meaning that if they were the only bidder and it was thought that they were incompetent they would be rejected. So they make a decision as to whether they were a competent bidder. Responsiveness has to do with whether they had a bid bond, whether they signed their non-collusion affidavit. Whether they acknowledge their addendum, filled out the bidding forms properly, if they had a goal for resident local worker and the specification that required a check list acknowledgment and that they are aware of that and are going to comply and they don't acknowledge that, then it would be a non-responsive bid. Mr. Gilot stated that the statutes in Indiana intend to have wide open competition, no restrictive trade, kind of a free trade and they can have a long philosophical discussion of free trade, fair trade but the intent behind those statutes is not to have a wall go up and parochialism, they would like for you to reach out within your region and go out and open it to all bidders union, non union, anyone who is competent and responsible and responsive bidder to the extent that you craft your specifications to be very exclusionary or even proprietary, say for example that only one firm could win this bid you are violating the statutes. Mr. Gilot noted that when the Council appropriates money, the Board of Public Works is knowledgeable and experienced in that public bidding law and there are gray areas that are questioned they seek counsel for the Legal Department staff who are at every Board of Public Works meeting and everyone is welcome to attend those Board of Public Works 6 REGULAR MEETING MARCH 28, 2011 Meetings and observe how they do that. He assured the Council that they consciously follow the statute and the advice of legal counsel and try to get the best value for the dollar to get the work done. Mr. Gilot stated that 20% in this case is not statutory its judgment. Mayor Stephen Luecke stated that they believed 20% was pushing the envelope of State Law. He advised that State Law doesn't say anything about bid documents that require local workers. He stated that many Mayors through the Indiana Association of Cities and Towns push for the authority for Municipalities to be able to utilize a local provider component in bids. He stated that was across the board, for instance the City of Goshen wants to buy a police car and they get bids from multiple vendors then their local dealer is 3% higher than somebody from Michigan, by State Law if the Michigan dealer is responsive and responsible, they can't go to the local dealer even though he may donate the use of vehicles during the year for a variety of different things. It is an area that they are trying to push the envelope and feel that the 20% number that they are using is not one that would generate a lawsuit, therefore causing additional costs and delays in terms of the projects. But they are trying to make sure that they are incorporating local workers and move forward in an area that is gray at this point. Councilmember Oliver Davis asked Mayor Luecke if someone from the administration could meet with Mr. Harris again clarify the project to him, along with either an At-Large Councilmember or the 4th District Councilmember. He asked if someone could report back to the Council at the next Council Meeting, April 11, 2011. Mayor Luecke stated certainly. Council Attorney Kathleen Cekanski-Farrand stated that in light of Councilmember Henry Davis' question and the explanation given by the City Administration. The City Council has to have both a reasonable and rational basis in the setting of percentages as proposed by the City Administration. Based on the information provided by the City Administration she believes that there is such a basis; and therefore it would not be considered arbitrary or capricious by the courts. Councilmember Dieter made a motion for favorable recommendation on the substitute bill as amended. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 08-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $219,942 FROM THE GENERAL FUND (#101) IN 2011 FOR THE OFFICE OF ENERGY Councilmember LaFountain, Chairperson, Personnel and Finance 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. Gregg Zientara, City Controller, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that on September 21, 2009, the City of South end was awarded a $1,046,800 Federal Energy Efficiency and Conservation Block Grant (EECBG) from the United State Department of Energy (Award No. DE-SC0002273). On October 15, 2009, the City received its initial installment of grant proceeds in the amount of$250,000 which was budget appropriated in fiscal 2010 and 2011 and has been used over a two year period for strategic planning development. The proceeds have been used to hire a Municipal Energy Director and to pay for professional consulting services to develop the energy conservation plan. On September 13, 2010, the City received a second installment of grant funds in the amount of$654,372. The Energy Efficiency and Conservation Block Grant provides for 100% federal stimulus funding with no matching 7 REGULAR MEETING MARCH 28, 2011 fund requirement on the part of the City. Of the total grant proceeds received to date of $904,372, a total of$684,430 has been spent, encumbered or set aside in the 2011 budget for expenditure. A total of$219,942 in grant funds have been received but have not been appropriated by Council for energy project expenditures. The purpose of this ordinance is to appropriate the $219,942 in grant funds in the Office of Energy department in the General Fund for expenditure during 2011 for various energy conservation projects, including installation of a 45K W hydroelectric turbine at the South Bend Dam and the installation of energy efficiency upgrades in selected municipal buildings. Following Council approval of this appropriation request, a sum of$142,428 will remain as available funds from the original federal grant, yet to be disbursed to the City of South Bend. Federal disbursement of the remaining grant funds will occur upon City identification of qualified initiatives and request submittal to the Department of Energy. The City envisions the final request and draw to occur during fiscal 2011. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 09-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER A PORTION OF FREDRICKSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE STATE OF INDIANA Councilmember Puzzello, Chairperson, PARCS Committee, reported that this committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Mr. Bill Schalliol, Staff Member, Community and Economic Development Department, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that as parts of its ongoing plans to widen State Road 23, the Department of Transportation of the State of Indiana has made an offer to purchase a small portion of Fredrickson Park. The offer was $1,900.00 for a portion of land containing 0.086 acres more or less. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 8 REGULAR MEETING MARCH 28, 2011 ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, 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 7:15 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS — THIRD READING ORDINANCE NO. 10077-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $2,000,000 FROM MAJOR MOVES FUND (#412) AND THE SUM OF $400,000 FROM SEWAGE WORKS CAPITAL FUND (#642), FOR TOTAL APPROPRIATION OF $2,400,000 FOR THE PURPOSE OF INFRASTRUCTURE CONSTRUCTION AT THE TRIANGLE PROPERTY PROJECT SITE This bill had third reading. Councilmember White made a motion to amend this substitute bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this amended substitute bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10078-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $219,942 FROM THE GENERAL FUND (#101) IN 2011 FOR THE OFFICE OF ENERGY 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 nine (9) ayes. ORDINANCE NO. 10079-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER A PORTION OF FREDRICKSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE STATE OF INDIANA This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 9 REGULAR MEETING MARCH 28, 2011 RESOLUTIONS RESOLUTION NO. 4090-11 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 501 W. SOUTH 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: 501 W. South Street, South Bend, Indiana, in order to permit: expansion of the existing tanley Coveleski Regional Stadium 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. 10 REGULAR MEETING MARCH 28, 2011 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 Al Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and after hearing the pros and cons it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. Mark Lyons, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception for 501 W. South Street to allow for the expansion of the existing Stanley Coveleski Regional Stadium. Mr. Lyons stated that the Area Board of Zoning Appeals held a public hearing on March 2, 2011 at sends it to the Common Council with a favorable recommendation. Mr. Rafinski, Wightman Petrie, 412 S. Lafayette Blvd., South Bend, Indiana, made the presentation for this bill on behalf of the petitioners the City of South Bend Redevelopment Commission and the City of South Bend Park Department. Mr. Rafinski advised that the petitioners are requesting a special use exception for 501 West South Street. He noted that the property is currently zoned Central Business District, Mixed Use District, and General Business District, in Portage Township. He stated that the proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because the proposed expansion to the existing Stanley Coveleski Stadium will enhance the current site conditions. This expansion will allow for future development making the downtown area a more attractive place for people to visit. A Public Hearing was held on the Resolution at this time. There being no on present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4091-11 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 2222 WEST WASHINGTON 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 11 REGULAR MEETING MARCH 28, 2011 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: 2222 West Washington Street, South Bend, Indiana 46628 In order to permit A Special Use to Allow an Indoor Soccer Facility. 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 Al Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and after hearing the pros and cons it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. Mark Lyons, 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 for an indoor recreational/indoor soccer facility on the property located at 2222 W. Washington Street. He noted that the Area Board of Zoning Appeals held a Public Hearing on March 2, 2011 and sends this bill to the Common Council with a favorable recommendation. Mr. Michael Lipsky, 115 S. Lafayette Blvd., South Bend, Indiana, made the presentation for this bill on behalf of the petitioners, Mr. Manuel Villegas, Mr. Marco Villegas and Mr. Juan Ramirez. 12 REGULAR MEETING MARCH 28, 2011 Mr. Lipsky advised that they are seeking a Special Use Exception to allow for an indoor recreation and/or indoor soccer facility at 2222 W. Washington Street, South Bend, Indiana. He stated that they plan to improve the property and put it back to good use. Mr. Lipsky stated that they plan on partnering with other local businesses to plan more community events. A Public Hearing was held on the Resolution at this time. There being no on present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO 4092-11 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 909 WEST COLFAX AVE 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: 909 West Colfax Avenue, South Bend, Indiana 46601 In order to permit use as a two-family dwelling under the current SF-2 zoning 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; 13 REGULAR MEETING MARCH 28, 2011 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 Al Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and after hearing the pros and cons it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. Mark Lyons, 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 a two family dwelling in a "SF2" District for property located at 909 W. Colfax. Mr. Lyons stated that the Area Board of Zoning Appeals held a Public Hearing on March 2, 2011 and sends this bill to the common Council with a favorable recommendation. Mr. Marco Mariani, Executive Director, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Mr. Mariani advised that they purchased this property last fall and it's currently being used as a tri-plex and as they began development on the project it was determined that it was an illegal non-conforming use. In order to do any work on the project it is necessary for the Special Exception to allow a two family dwelling in a "SF2" District on the property located at 909 W. Colfax Avenue. A Public Hearing was held on the Resolution at this time. There being no on present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4093-11 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 3300 SAMPLE STREET 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 14 REGULAR MEETING MARCH 28, 2011 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: 3300 Sample Street, South Bend, Indiana, 46619 In order to permit a portion of the building to be used for a BMX/Skateboard Facility classified under a"Recreation Use" in the special exception section of the General Industrial Ordinance. 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 Al Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and after hearing the pros and cons it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. 15 REGULAR MEETING MARCH 28, 2011 Mr. Mark Lyons, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioners are seeking a Special Exception to allow for a BMX/Skateboard Training Park located at 3300 W. Sample Street. He stated that the Area Board of Zoning Appeals held a public hearing on March 2, 2011 and sends it to the Common Council with a favorable recommendation. Mr. Paul Phair, Holladay Properties, 227 South Main Street Suite 300, South Bend, Indiana, made the presentation for this bill. Mr. Phair advised that they are seeking a Special Exception for recreational use for a BMX training and recreational facility. Mr. Phair noted that Mr. Bill Banasiewicz is here tonight and he is the father of Brett Banasiewicz, a South Bend Washington High School student who rides BMX bikes professionally and travels around the country and around the world to compete. Mr. Phair stated that currently the Banasiewicz's travel to Muncie, Indiana for Brett to train and practice. Mr. Phair noted that the Banasiewicz's have been looking for a location closer to home so that Brett wouldn't have to travel so much during the school year. He stated that they also would like to do something nice for the community and other kids in the area who would like to ride BMX bikes. A Public Hearing was held on the Resolution at this time. There being no on present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS —FIRST READING BILL NO. 11-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-59 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE SOUTH BEND ADVISORY COMMISSION ON BLACK MALES This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on April 11, 2011. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ANNEXATION ORDINANCE#9565-05 TO SPECIFICALLY INCLUDE A LANDOWNER IN GERMAN TOWNSHIP, NAMELY, FISKARS PROPERTIES, INC., WHOSE PROPERTY WAS DESCRIBED IN ORDINANCE #9565-05 BUT WHO WAS NOT NAMED THEREIN This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public hearing and Third Reading on April 11, 2011. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 16 REGULAR MEETING MARCH 28, 2011 BILL NO. 13-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Area Plan Commission. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA BOARD OF ZONING APPEALS BILL NO. 11-23 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 324 WEST GARST STREET, SOUTH BEND, INDIANA, 46628 Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on April 11, 2011. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Oliver Davis thanked Councilmember Karen White, Chairperson, Health and Public Safety Committee for scheduling a series of meetings regarding Graffiti. He stated that this is a problem city-wide that needs to be addresses with an action plan. Councilmember Karen White, Chairperson, Health and Public Safety Committee, stated that she has scheduled a meeting on Wednesday, April 6, 2011 at 3:30 p.m. in the Council Informal Meeting Room, 4th Floor County-City Building, to discuss the City Administration's Action Plant on Graffiti. She encourages all to attend. Councilmember Henry Davis asked Council Attorney Kathleen Cekanski-Farrand to send a letter to Catherine Toppel, Code Enforcement Director, to give her Report of City Office on April 11, 2011. He asked that Ms. Toppel report on vacant and abandoned structures; standard operating procedures before and after demolitions; and standard operating procedures for the lots after demolitions for getting the lots back on the tax rolls. 17 REGULAR MEETING MARCH 28, 2011 PRIVILEGE OF THE FLOOR Carol Davis, 1631 Lincolnway East, South Bend, Indiana, spoke regarding the Northside River walk and Southside Roundabouts. She stated that there is a lot of money being spent foolishly. She stated that everyone keeps whining about not having enough tax dollars to do certain project. She stated that the river walk is affecting tax payer's homes and the roundabouts require businesses that have been at their current locations for years to be uprooted and relocated. She feels that project like these are just unnecessary and urged the Council to vote against these projects. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:19 p.m. ATTEST: ATTEST: John Voorde, City Clerk Derek D. Dieter, President 18