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HomeMy WebLinkAbout01-23-06 Council Meeting Minutes REGULAR MEETING JANUARY 23, 2006 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, January 9, 2006 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: st Present: Derek D. Dieter 1 District nd Charlotte Pfeifer 2 District rd Roland Kelly 3 District Vice-President th Ann Puzzello 4 District th David Varner 5 District th Ervin Kuspa 6 District Timothy Rouse At-Large President Al “Buddy” Kirsits At-Large Karen L. White At-Large Chairperson, Committee of the Whole Absent: Al “Buddy” Kirsits At-Large OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney 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 January 9, 2006, 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 Puzzello made a motion that the minutes of the January 9, 2006, meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF CHANGE OF LOCATION AND TIME FOR THE FEBRUARY 13, 2006 COMMON COUNCIL MEETING Council President Rouse announced that the February 13, 2006 meeting of the Council will be held at the Studebaker Museum, 201 S. Chapin Street, South Bend, Indiana, at 6:00 p.m., to allow for the Mayor’s State of the City Address. 1 REGULAR MEETING JANUARY 23, 2006 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:07 p.m., Councilmember Kelly made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonights meeting in = accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the pubic, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 65-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 316 WILLIAM, 318, 320, 322,324 AND 326 W. MADISON, COUNCILMANIC DISTRICT 1, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with an unfavorable recommendation. th Mr. P.J. Thuringer, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “MF1” Urban Corridor Multifamily to “MU” Mixed Use to allow office and residential uses. On site are six single family homes zoned “MF1” Urban Corridor Multi-Family. To the north are single family homes zoned “SF2” Single and Two Family Residential. To the east is a vacant lot zoned “MU” Mixed Use. To the south is a single family home, a vacant commercial building, and a florist, all zoned “MU” Mixed Use. To the west are single family homes zoned “MF1” Urban Corridor Multi-Family and “MU” Mixed Use. The “MU” Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including; storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to encourage a pedestrian oriented design throughout the district, and maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. The site plan is preliminary. The rezoning boundary is irregular shaped with part of the block excluded. The total lot size of the petition area is just over 25,000 square feet. Of that, just over 7,000 square feet is to be covered by buildings, 11,500 square feet is to be open space, and 6,600 square feet is to be parking. Six (6) buildings are shown on the site plan. A number of variances will be needed for minimum and maximum set back requirements. Sixteen (16) parking spaces are shown in the southeast corner of the site plan. A variance will be required because 32 parking spaces are required. Areas to the south were rezoned from Light Industrial to Mixed Use in 2002 with the adoption of the Lincolnway West Corridor rezoning. The neighborhood directly north of the petition area was recently (2005) designated as the Chapin Historic Overlay District by the City of South Bend Common Council. William Street is a busy two lane road between Downtown South Bend and Portage Road. Madison is a three lane, one way, residential street at this location. The parking lot will be accessed from an alley on Madison Street or an alley form William Street. The site is served by City of South Bend sanitary sewer and municipal water. The Comprehensive Policy Plan, Goal 3, Objective A is to promote the development and/or maintenance of community and neighborhood character. The petition is in conflict with the Policy Plan. This area is not designated for any specific 2 REGULAR MEETING JANUARY 23, 2006 use by the land use plan. The neighborhood to the north and west consists mostly of single family houses. To the south and east on Lincolnway West Lafayette Blvd. the uses are commercial in nature. The most desirable use is for either single or multi-family residential. Should this rezoning be approved, adjacent residential property values could be adversely affected. It is not responsible development and growth to rezone residential areas when there is vacant or under utilized commercial property adjacent to the peititon area. Based on information available prior to the public hearing staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. This section of Madison Street is residential in character, with single family zoning on the north side. The multi-family zoning was put in place on the south side of Madison Street to act as a buffer between the commercial uses to the south and the single-family uses to the north. The proposed zoning would result in creating an intrusion of higher intensity uses into this neighborhood. In addition, the combination of offices and multi-family is too intensive for this site. This is evidenced by the fact that 32 parking spaces are required, but only 16 can be provided. This rezoning, if approved, could result in the overflow of parking on adjacent streets and parking areas. Doris Portolese, 2410 N. Grape Road, Suite #1, Mishawaka, Indiana, made the presentation for this bill. Ms. Portolese advised that the petitioner is requesting a zone change from “MF1” Urban Corridor Multifamily to “MU” Mixed Use to allow office and residential uses. The property is located at 316 Williams, 318, 320, 322, 324 and 326 W. Madison Street, South Bend, Indiana. 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 to the Council in favor of this bill. The following individuals spoke in opposition to this bill. Mr. Kolin Hodson, 807 Ashland, South Bend, Indiana, thanked Joe Grabill for taking time to talk to the neighbors. Mr. Hodson stated that the project just does not fit in the neighborhood. He urged the Council to defeat this bill. Ms. Karen Ainsley, 1007 Portage, South Bend, Indiana, Chairperson, Near West Side Neighborhood Organization stated that this is an inner city neighborhood, which often struggles to maintain and strengthen the various pockets of zoning. Therefore, the Near West Side Neighborhood Organization is opposed to this rezoning and asks the Council to vote against this bill tonight. Ms. Connie Tooley, 514 W. LaSalle, South Bend, Indiana stated that she is opposed to the rezoning. Ms. Tooley stated that she owns property at 317 and 319 Madison Street and that residential zoning is the correct zoning for the neighborhood. She urged the Council to vote against this bill. Councilmember Varner stated that he was pleased that everyone worked well together to try to resolve the issues that the petitioner and neighbors had to try to make this project work. However, it is in the best interest of the neighborhood not to allow this rezoning. Councilmember Dieter made a motion for unfavorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 3 REGULAR MEETING JANUARY 23, 2006 BILL NO. 85-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3747, 3801, 5661 NIMTZ PARKWAY, 3907, 3919, 3920 CRESCENT CIRCLE AND THE PROPERTY LOCATED IMMEDIATELY EAST OF 5661 NIMTZ PARKWAY COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Mr. P.J. Thuringer, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised the petitioner is requesting a zone change from “O” Office to “LI” Light Industrial to allow corporate printing, professional sales and distribution and research and development. On site is a vacant underveloped land and two flex office buildings zoned “O” Office.To the north is I-80 Indiana Toll Road. To the east are office buildings zoned “O” Office, Indiana Toll Road right-of-way, and Blackthorn Golf Club zoned “LI” Light Industrial. To the south are office buildings zoned “O” Office and Blackthorn Golf Club zoned “LI” Light Industrial. To the west is the Indiana Toll road right-of-way. The “LI” Light Industrial District is established to provide for development of office/warehouse, warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare, Permitted uses in this district tend to generate heavy traffic, require extensive community facilities, and many require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. The site is approximately 37 acres in size and currently has two buildings on it. The buildings and infrastructure are in place and ready for tenants. The site is accessed from Crescent Circle. Blackthorn Industrial Park was rezoned Light Industrial prior to the adoption of the zoning ordinance in 2004, which reclassified the petition area and areas to the south “O” Office. This petition would take the area back to how it existed prior to May 7, 2004, when the new Zoning Ordinance took effect. F. J. Nimtz Parkway has four lanes. Crescent Court has two lanes. In 2003, the Michiana Area Council of Governments (MACOG) counted 4,842 cars per day on Nimtz Parkway east of the Indiana Toll Road entrance. The site is served by City of South Bend sanitary sewer and municipal water. The Comprehensive Plan Policy Plan Goal 2 Objective A: Policy vii: Light industrial uses will be located in areas with highway access preferably with ready access to a limited-access highway interchange (i.e., within one mile) This petition is in compliance with the Comprehensive Policy Plan. This area is not designated for any specific land use by the Land Use Plan. The site is located within the Blackthorn Corporate Center. Currently there are a number of vacant parcels and a mix of Light Industrial and Office uses. The most desirable land uses are for those allowed in the “LI” Light Industrial, or “O” Office zoing districts. Surrounding property values should not be negatively affected with the rezoning. It will be responsible development and growth to zone Blackthorn Industrial Park as industrial. Based on information available prior to the public hearing staff recommends that this petition be sent to the Common Council with a favorable recommendation. Blackthorn Industrial Park was developed for industrial purposes. “LI” Light Industrial District will give the City more opportunities to bring corporate tenants into the Blackthorn development. This rezoning will return the zoning to its previous zoning designation before the adoption of the 2004 zoning ordinance. This area is ideal for development of office/warehouse, warehouse/distribution, and other industrial land uses because of its proximity to US 31 and the I-80 Indiana Toll Road. 4 REGULAR MEETING JANUARY 23, 2006 Mr. Nicholas Witwer, Economic Development Planner, Community & Economic Development Department, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Witwer advised that this is a request to rezone the seven properties located in the Crescent at Blackthorn from “O” Office to “LI” Light Industrial to facilitate a broader range of uses. The rezoing of these properties is consistent with the surrounding zoning. The properties were originally zoned “LI” Light Industrial and were rezoned to “O” Office as part of the County wide rezoning process. 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 86-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF IRONWOOD AND IRELAND (RETENTION TH POND), COUNCILMANIC DISTRICT (5 DISTRICT) IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Mr. P.J. Thuringer, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “SF1” Single Family and Two Family to “CB” Community Business to allow an off premise sign. On site is vacant land that is part of a large retention basin. To the north is vacant land that is a retention basin. To the east is a church zoned “SF 1” Single Family and a CVS Pharmacy zoned “CB” Community Business. To the south is an integrated service and retail multi-tenant center that is zoned “CB” Community Business. To the south is an integrated service and retail multi-tenant center that is zoned “CB” Community Business and a gas station zoned “CB” Community Business. To the west are outdoor operations for a discount store and a retail tile store zone “CB” Community Business. The “CB” Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The site is 0.2 acres or approximately 9,000 square feet in size. The sign will be thirty-fiave (35) feet in height. The lease states that the lessee shall have full and free access to the site although it is not know how the site will be accessed. The sign will be two-sided so it will be viewed from both north and southbound traffic. The trend seems to be toward high intensity commercial uses along the Ireland Corridor. Areas to the north are primarily residential in nature. The MACOG traffic counting program counted 15,911 cars per day on Ironwood Drive north of Ireland Road in 2003. Although the off premise sign will not use utilities, municipal water and sanitary sewer are available to the site. The site is located within a city owned retention area. There are no Comprehensive Policy plans relating to this petition. The Land Use Plan does not address this petition. The area is part of a growing commercial corridor. The area east of Ironwood Drive is zoned “CB” Community Business District. Commercial uses are appropriate for this area. Property values should not be impacted negatively with the rezoning. It is 5 REGULAR MEETING JANUARY 23, 2006 responsible development and growth to rezone properties for commercial uses that are adjacent to existing commercial areas and that will not have significant impacts on residential areas. Based on information available prior to the public hearing staff recommends that this be sent to the Common Council with a favorable recommendation. The area to be rezoned is an extension of the southern and eastern “CB” Community Business zoning district. The commercial use of this property will have minimal impacts on nearby residential areas. Mr. Bill Schalliol, Economic Development Planner, Community & Economic Development Department, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that this is a request to rezone a portion of the retention pond located on Ironwood Road, near the intersection of Ironwood Road and Ireland Road from SF1 to CB Community Business. This rezone is requested to facilitate and off- premise sign. This sign is being erected in exchange for the removal of six (6) other off- premise signs that have been removed throughout the City. The zoning is consistent with the surrounding area. 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 Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 01-06 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF PRAIRIE AVENUE FROM BROOKFIELD STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. BEING A PART OF PRAIRIE AVENUE HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Ms. Maria Coria, 2004 Prairie Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Coria advised that they are requesting the vacation of this alley and to consolidate the property to eliminate the vandalism that has occurred. There has been numerous incidents of property damage, broken windows, and tires stolen off vehicles. By closing off this alley, it will reduce crime and enhance the residential real estate. 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. 6 REGULAR MEETING JANUARY 23, 2006 BILL NO. 02-06 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF CORBY BLVD. FROM ST. PETER STREET WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 ND FEET. BEING A PART OF SORIN’S 2 ADDITION TO THE CITY OF SOUTH BEND, AND A PART OF KELLY’S SUBDIVISION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Phillip Byrd, South Bend Heritage, 803 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Mr. Byrd advised that the purpose of this vacation is to provide additional set back for the lot immediately south of the subject alley, Lot 134. A new home will constructed at 917 St. Peter, Lot 134 which is the lot to the south and adjacent to the alley. 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 Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 03-06 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF CARLISLE STREET FROM WESTERN AVENUE SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 132 FEET AND A WIDTH OF 14 FEET. BEING A PART OF ND SUMMIT PLACE 2 ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Pat Lynch, 711 W. Washington Street, South Bend, Indiana, spoke on behalf of the petitioners Raul Meza, 2208 W. Western Avenue and Maria Calderon, 2214 W. Western Avenue, South Bend, Indiana. Mr. Lynch advised that the petition to vacate the alley is to provide additional and better defined parking spaces for the retail space located at 2214 West Western Avenue. The goal is to open a Taqueria. The revised parking lot layout will follow the new zoning requirements and allow a proposed new business use to have the required off street parking. 7 REGULAR MEETING JANUARY 23, 2006 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 this bill. The following individuals spoke in opposition to this bill. Ms. Alice Smudzinski, 418 S. Phillipa, South Bend, Indiana, spoke in opposition to this bill. Ms. Smudzinski stated that her entrance to her garage is off this alley. By vacating this alley it would block off access to the main artery Western Avenue. Ms. Smudzinski stated that in order for her to get to Western Avenue, she would have to go a block south turn either east or west another block and go back a block north. Keep in mind that these are one way streets and very narrow, making it very difficult to maneuver in the winter months when there is snow on the ground. She stated that this alley is not in very good shape, however, she calls the City of South Bend Street Department every Spring to come fill the holes and grate the alley. Ms. Smudzinski stated that she wishes the Council would do something to keep this alley in better shape. She also stated that she does not think by closing this alley that it would give Mr. Meza and Ms. Calderon enough on site parking anyway. She urged the Council not to vote in favor of this bill. Mr. Brian Kmitta, owner, Al’s Anchor Inn, South Bend, Indiana, spoke in opposition to this bill. Mr. Kmitta stated that this alley is adjacent to his business. He owns the lot west of this alley and uses this as parking his business. By vacating this alley the traffic that normally uses this all will now try to drive on his lot to gain access to and from Western Avenue. Mr. Kmitta also agreed that there would not be enough property to gain the required off-street parking spaces that Mr. Meza and Ms. Calderon are seeking to be in compliance with the zoning requirements. He asked the Council to defeat this bill. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Lynch was unaware of the neighbors specific concerns. Councilmember Pfeifer questioned why the reviews from various City departments reflect that there are no objections to the vacating of this alley. Councilmember Puzzello made a motion for unfavorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion. Mr. Lynch asked if this bill could be continued until the February 27, 2006 meeting of the Council to allow time to consult with the neighbors and the Public Works Department. Councilmembers Puzzello and Kuspa withdrew their motions. Councilmember Varner made a motion to continue this bill until the February 27, 2006 meeting of the Council at the request of the petitioner. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 47-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE ARTICLE 2, RESIDENTIAL DISTRICTS, TO ALLOW TEMPORARY SALES OFFICES FOR RESIDENTIAL SUBDIVISIONS; TO ADD USES TO THE MF1 URBAN CORRIDOR MULTIFAMILY, MF2 HIGH DENSITY RESIDENTIAL, MU MIXED USE, LB LOCAL BUSINESS; CB COMMUNITY BUSINESS, CBD CENTRAL BUSINESS DISTRICT, GB 8 REGULAR MEETING JANUARY 23, 2006 GENERAL BUSINESS, LI LIGHT INDUSTRIAL AND GI GENERAL INDUSTRIAL DISTRICTS; CLARIFY FENCING REGULATIONS IN THE U UNIVERSITY DISTRICT; CLARIFY LANDSCAPING REQUIREMENTS; MODIFY THE DEFINITION OF SPECIAL EVENTS; AND CLARIFY THE DISPLAY OF POLITICAL SIGNS Councilmember Kuspa made a motion to continue this bill until the February 27, 2006 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Kuspa seconded the motion which carried by voice vote of eight (8) 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 7:50 p.m. Council President Timothy A. Rouse presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 9648-06 AN ORDINANCE 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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #1, JOHN D. GILLIS, SR. & JAY L. GILLIS REVOCABLE TRUST DATED 2/12/2001, SOUTHEAST CORNER OF PORTAGE ROAD & BRICK ROAD, SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 9 REGULAR MEETING JANUARY 23, 2006 BILL NO. 65-05 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 316 W. WILLIAM, 318, 320, 322, 324 AND 326 W. MADISON, COUNCILMANIC DISTRICT 1, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to defeat this bill. Councilmember Varner seconded the motion which carried by a roll call vote of eight (8) ayes. ORDINANCE NO. 9649-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3747, 3801, 5661 NIMTZ PARKWAY, 3907, 3919, 3920 CRESCENT CIRCLE AND THE PROPERTY LOCATED IMMEDIATELY EAST OF 5661 NIMTZ PARKWAY COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9650-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF IRONWOOD AND IRELAND (RETENTION POND), TH COUNCILMANIC DISTRICT (5 DISTRICT) IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9651-06 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF PRAIRIE AVENUE FROM BROOKFIELD STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 120 FEET AND A WIDTH OF 14 FEET. BEING A PART OF PRAIRIE AVENUE HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 10 REGULAR MEETING JANUARY 23, 2006 ORDINANCE NO. 9652-06 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF CORBY BLVD., FROM ST. PETER STREET WEST TO THE FIRST NORTH/SOUTH FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. ND BEING A PART OF SORIN’S 2 ADDITION TO THE CITY OF SOUTH BEND, AND A PART OF KELLY’S SUBDIVISION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3554-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1801 COMMERCE DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR MICHAEL J. MORRIS 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 1801 Commerce Drive, South Bend, Indiana, and which is more particularly described as follows: E PT LOT 25 AIRPORT INDUSTRIAL PARK PHASE II- SEC 33- 38 - 2E CONT .40 ACRES+/-. W 287 FT OF LOT 25 AIRPORT INDUSTRIAL PARK PHASE II SW 1- 4 SEC. 33 -38 -2E 1.57 ACRES S 80.5 FT OF LOT 24 SW AIRPORT INDUSTRIAL PARK PHASE II SEC 33 -38 -2E and which has Key Number 025-1008-033502; 025-1008-033508; 018-2183-688612; 018-2183-688603, 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 11 REGULAR MEETING JANUARY 23, 2006 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 I. 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 II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of eight (8) 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 seq. 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. Jeffrey M. McGowan, CPA, Kruggel and Lawton, 210 S. Michigan Street, Suite 200, South Bend, Indiana, made the presentation for this bill. Mr. McGowan advised that the project encompasses the relocation and expansion of two biotechnology companies, Enzyme Research Laboratories, Inc., (ERL) and R2 Diagnoistics (R2D). ERL is a primary supplier of coagulation and fibrinolytic proteins for research. R2D manufacturers and sells clot based diagnostic kits that are used for bleeding and clotting disorders. Both companies are wholly owned by Mike Morris who is acquiring a larger facility to house them. The total project includes the acquisition and rehabbing of the larger facility and the purchase of additional equipment for the move and expansion. Currently, both firms are housed in a 9,000 sq. ft. building located at 412 S. Lafayette Blvd. The larger facility is a 25,423 sq. ft. building located at 1801 Commerce Drive. That building sits on a 2.64 acre site. The project will result in increased production capacity and an expanded product line. The estimated cost for the building’s rehabilitation is $1,000,000. It is estimated that the total project will create six (6) new, permanent, full time jobs representing a new annual payroll of $300,750. the project will also maintain eleven (11) existing permanent full-time jobs representing an annual payroll of $324,200. 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 Pfeifer made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3555-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1801 COMMERCE DRIVE TO BE AN ECONOMIC 12 REGULAR MEETING JANUARY 23, 2006 REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ENZYME RESEARCH LABORATORIES, INC. 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 1801 Commerce Drive, South Bend, Indiana, and which is more particularly described as follows: E PT LOT 25 AIRPORT INDUSTRIAL PARK PHASE II- SEC 33- 38 -2E CONT .40 ACRES+/-. W 287 FT OF LOT 25 AIRPORT INDUSTRIAL PARK PHASE II SW 1-4 SEC. 33 -38 -2E 1.57 ACRES S 80.5 FT OF LOT 24 SW AIRPORT INDUSTRIAL PARK PHASE II SEC 33 -38 -2E and which has Key Numbers 025-1008-033502; 025-1008-033508; 018-2183-688612; 018-2183-688603, 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 I. 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 Personal 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 II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. 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. Jeffrey M. McGowan, CPA, Kruggel and Lawton, 210 S. Michigan Street, Suite 200, South Bend, Indiana, made the presentation for this bill. 13 REGULAR MEETING JANUARY 23, 2006 Mr. McGowan advised this petition relates to only the purchase of the equipment. He stated that Enzyme Research Laboratories, Inc., will be purchasing and installing new equipment. The project will result in increased production capacity and an expanded product line. The estimated cost for acquisition of the equipment if $800,000. Mr. McGowan again reiterated that this bill relates to only the purchase of the equipment. The previous bill was submitted for the rehabilitation of the larger facility. 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 eight (8) ayes. RESOLUTION NO. 3556-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DESIGNATING THE DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA AND APPROVING THE ORDER OF THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA THAT THE DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA PLAN DECLARED BY THE SOUTH BEND REDEVELOPMENT COMMISSION CONFORMS TO THE PLAN FOR DEVELOPMENT FOR THE CITY OF SOUTH BEND AND ADOPTING THE DOUGLAS ROAD DEVELOPMENT AREA DEVELOPMENT PLAN et seq. WHEREAS, pursuant to Ind. Code 36-7-14-1, (Act), the South Bend 'A@ Redevelopment Commission (Commission) has conducted investigations, studies and A@ surveys and has thoroughly studied the area described herein and on December 2, 2005, the Commission adopted Resolution No. 2199 designating the area described as follows to be known as the Douglas Road Economic Development Area (“Area”): That part of the Southeast Quarter of Section 29 and the Northeast Quarter of Section 32, both being in Township 38 North, Range 3 East, Clay Township, City of South Bend, St. Joseph County, Indiana, which is described as: Beginning at the Southwest corner of the Plat of “Eclipse Douglas Road Minor Subdivision” as Recorded by Document No. 0525591 in the Records of the St. Joseph County, Indiana Recorder’s Office; thence along the boundary of said Plat for the next three (3) courses, N. 00°–22’-23” E., 386.03 feet and S. 90°–00’-00” E., 995.85 feet and S. 00°–24’-09” W., 385.95 feet to the Centerline of Douglas Road and the North line of the Plat of “LaFree’s Douglas Road Minor Subdivision” as Recorded by Document No. 0438848 in the Records of said Recorder’s Office; thence S. 90°–00’-00” E. along said Centerline and North line, 131.95 feet to the Northeast corner of said Plat; thence S. 00°–16’-07” W. along the East line of said Plat, 782.00 feet to a point on the North line of the Plat of “Hartman’s Douglas Road Minor Subdivision” as recorded in the Records of said Recorder’s Office; thence along the Boundary of said Plat for the next twelve (12) courses, N. 89°–52’-15” E., 200.51 feet and S. 00°–19’-34” W., 567.55 feet and S. 89°–55’-55” W., 454.13 feet and N. 00°–18’-07” E., 300.32 feet and N. 83°–31’-41” W., 364.78 feet and N. 00°–08’-39” E., 226.95 feet and N. 89°–57’-12” W., 509.91 feet and N. 00°–31’-07” W., 287.09 feet and N. 89°–44’-18” E., 134.10 feet and N. 14 REGULAR MEETING JANUARY 23, 2006 01°–07’-30” E., 243.39 feet and N. 89°–52’-54” E., 187.70 feet and N. 00°–14’-52” E., 199.71 feet to the South Right-of-way line of Douglas Road; thence S. 89°–57’-53” W. (Record, West) along said South line, 324.33 feet more or less to a point on the West line of the East half of the Northeast Quarter of said Section 32; thence N. 00°–31’-07” E. along said West line, 20.00 feet more or less to the Point of Beginning. WHEREAS, the Commission has caused to be prepared maps and plats of the Area which show the boundaries of the Area, the location of various parcels of property, streets, alleys, and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the Area, indicating the parcels of property to be excluded from acquisition and the parts of the Area to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes; and WHEREAS, upon such surveys, investigations, and studies being made, the Commission has found and determined in its Resolution No. 2199 that Area is lacking in adequate public improvements to such an extent that such conditions cannot be corrected by regulatory processes or by the ordinary operations of private enterprise without resort to the provisions of the Act; and WHEREAS, the Commission has in its Resolution No. 2199 adopted the Douglas Road Economic Development Area Development Plan (Development Plan) to serve as the A@ plan for the redevelopment of the Area; and WHEREAS, in its Resolution No. 2199, the Commission also approved conditions under which relocation payments will be made within the Area and established an Allocation Area for purposes of tax incremental financing; and WHEREAS, in accordance with the Act, the Commission has submitted its Resolution No. 2199 together with the Development Plan and supporting data to the Area Plan Commission of St. Joseph County, Indiana (Plan Commission) for approval; and A@ WHEREAS, the Plan Commission by its Resolution No. 164-05, adopted on December 20, 2005, approved, ratified and confirmed Commission Resolution No. 2199 and the Development Plan and further, the Plan Commission determined that Resolution No. 2199 and the Development Plan conform to the Master Plan of Development for the City of South Bend; and WHEREAS, the Common Council has received from the Commission certain proposed findings of fact as set forth in the Commissions Resolution No. 2199 which concern the = location, physical condition of structures, land use, environmental influences and other economic conditions of the Area; and WHEREAS, the Common Council is cognizant of the conditions that are imposed by Title VI of the Civil Rights Act of 1964, as amended and is further, cognizant of the views of the residents, taxpayers and merchants in the Area; and WHEREAS, the South Bend Common Council, as governing body of the City, is required by the Act to approve the order of the Plan Commission and is further required to adopt the Development Plan before the Commission may proceed with acquisition in the Area or otherwise implement the Development Plan. NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council, as follows: Section 1. The order of the Area Plan Commission of St. Joseph County, Indiana as expressed in its Resolution No. 164-05 of December 20, 2005 as attached hereto and incorporated herein at Exhibit A, is in all respects, A@ approved. 15 REGULAR MEETING JANUARY 23, 2006 Section 2. The Common Council hereby finds and determines that, based upon the evidence presented consisting of maps and plats of the Area and the proposed findings of fact submitted to it, that the Area, which has been found by the Commission to be lacking in adequate public improvements to such an extent that such conditions cannot be corrected by regulatory processes or by the ordinary operations of private enterprise without resort to the provisions of the Act. Section 3. The Common Council hereby finds and determines that the objectives of the Development Plan cannot be achieved without extensive rehabilitation of the Area consistent with the Development Plan. Section 4. The Common Council hereby finds that the Area is contiguous and compact. Section 5. The Common Council hereby recognizes the need for considering the views of the residents, taxpayers, and merchants in the Area in the redevelopment of the Area. Section 6. The Common Council hereby assures the United States of America full compliance with the provisions of Title VI of the Civil Rights Act of 1964, as amended. Section 7. The Common Council hereby finds and determines that South Bend Redevelopment Commission Resolution No. 2199 dated December 2, 2005, the Development Plan and the written order of the Area Plan Commission set forth in their Resolution No. 164-05 are in all respects approved and adopted; all of which is consistent with the provisions of Indiana Code § 36-7-14-16, Version b. Section 8. The Common Council hereby directs the City Clerk to file certified copies hereof together with the minutes of this meeting. Section 9. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Bill Schalliol, Economic Development Planner, Community & Economic Development Department, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that this bill is approving the Area Plan Commission’s Resolution confirming that the Douglas Road Economic Development Area Plan conforms to the City Redevelopment Commission’s Plan for that area. 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 eight (8) ayes. BILLS, FIRST READING There were no bills for first reading at this time 16 REGULAR MEETING JANUARY 23, 2006 UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on January 17, 2006: BILL NO. 92-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1351 PYLE AVE., 1355 PYLE AVE., AND THE VACANT LOT ON THE SOUTHWEST CORNER OF PYLE AVE AND EDISON, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 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 February 27, 2006. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 93-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 505 E. IRELAND ROAD, 4412 FELLOWS STREET AND 4422 FELLOWS STREET, COUNCILMANIC DISTRICT NO. 5, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 27, 2006. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember Charlotte Pfeifer reported that she is the Council’s representative on Project Future Board. She stated that on January 18, 2006 the IUSB School of Medicine opened its new facility. She stated that for over forty (40) years they have been operating in a basement facility on the Campus of the University of Notre Dame. She also reported on Tech Park and Metro Net. Councilmember Roland Kelly stated that he is the Council representative to the Area Plan Commission and that he has submitted in writing to the Council his report from the January 17, 2006 meeting and has a copy on file with the Office of the City Clerk. PRIVILEGE OF THE FLOOR COMMENTS BY MS. RITA KOPALA CONCERNING INFORMATION REQUESTED FROM COUNCILMEMBER KIRSITS Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, stated that she is still waiting for documentation from Councilmember Al “Buddy” Kirsits. Council President Rouse stated that Councilmember Kirsits is absent tonight, however, that Councilmember Kirsits does have the documents and will make them available. 17 REGULAR MEETING JANUARY 23, 2006 COMMENTS BY MR. HENRY MASCOT CONCERNING AN AMENDMENT TO ARTICLE 9 OF THE HUMAN RIGHTS ORDINANCE Henry Mascot, 17989 Edgewood Walk, stated that he is a member of South Bend Equality, who support the amendment to Article 9 of the Human Rights Ordinance, which would make it illegal to discriminate against people based upon their sexual orientation or gender identity in the areas of employment, housing, education, and public accommodations. Mr. Mascot read into the record a letter from Ms. Rose Meissner: June 16, 2005 Dear Members of the South Bend Common Council, I write to support an amendment to Article 9 of the Human Rights Ordinance, which would make it illegal to discriminate against people based upon their sexual orientation or gender identity in the areas of employment, housing, education, and public accommodations. I believe that this amendment is sensible public policy, is in out city’s economic interests, and will help South Bend create a mor competitive and productive economy. As head of a community organization dedicated to improving our community and shaping out future, I have had an opportunity over the years to read extensively on what constitutes a healthy community and what determines whether a community will wax or wane in the years to come. There is substantial research to suggest the prospects are brightest for communities that promote tolerance and value diversity. The proposed amendment to Article 9 is not only in our community’s best interest, it is also just, for this reason, I strongly encourage you to approve it. Sincerely, Rose Meissner COMMENTS BY MR. JOHN MARSH CONCERNING THE PROPOSED SMOKING BAN IN ST. JOSEPH COUNTY John Martz, 4328 Fellows Street, South Bend, Indiana, encourage the South Bend Common Council to talk to their fellow constituents on the St. Joseph County Council to straighten out the mess regarding the proposed smoking ban in the county. Mr. Marsh stated that it is going to be very hard to enforce no smoking in small mom & pop owned restaurants and businesses. The banning of smoking altogether in these small businesses could affect them to the point of having to close their doors. He urged the City Council to get involved to offer advice to a respectful solution. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:17 p.m. ATTEST: ATTEST: __________________________ __________________________ John Voorde, City Clerk Timothy A. Rouse, President 18