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HomeMy WebLinkAbout12-11-06 Council Meeting Minutes REGULAR MEETINGDECEMBER 11, 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, December 11, 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: Present: Derek D. Dieter 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District David Varner 5th District Ervin Kuspa 6th District Al “Buddy” Kirsits At-Large Timothy Rouse At-Large President Karen L. White At-Large Chairperson Committee of the Whole 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 November 27, 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 Kelly made a motion that the minutes of the November 27, 2006, meeting of the Council be accepted and placed on file. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS BILL NO. 06-134 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING TABBITHA COUGHLIN FOR WRITING THE WINNING ESSAY AND HONORING JEFFERSON INTERMEDIATE CENTER FOR BEING THE SUBJECT OF HER ESSAY AS ONE OF THE 50 HEALTHIEST SCHOOLS IN THE UNITED STATES Councilmember Puzzello made a motion to continue this bill until the January 8, 2006 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 1 REGULAR MEETINGDECEMBER 11, 2006 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m., Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, presiding. Councilmember White explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the public, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 72-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 619 N. COLLEGE STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Lyons advised that the petitioner is requesting a zone change from SF2 Single Family and Two-Family Residential District to LI Light Industrial District to allow uses allowed in the LI Industrial District. On site is a vacant non-residential building zoned SF2 Single Family and Two Family District. To the north across Longley Avenue is a single family house zoned LI Light Industrial District. To the east across College Street is a single family house SF2 Single Family and Two Family District. To the south are two single family houses and undeveloped property zoned SF2 Single Family and Two Family District. To the west is an old rail road corridor. 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, quite, 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 may 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 0.35 acres in size (15,180 square feet). The petitioner seeks to reuse the existing non-residential building for the following business operations of MCE, Inc: office, remanufacture of printer tone cartridges, printer repair services, printer sales, and delivery. The petitioner filed the following variances with the City Board of Zoning Appeals: setbacks to allow the building at its existing location, parking reduction from 12 to eight spaces, no residential landscape buffering on the west and south property lines, and planting three trees instead of landscape buffering along the east property line. The existing building was previously used for light industrial purposes. The previous zoning of the property was D Light Industrial with minimum setbacks between 0-5 feet. The property is bounded by College Street to the east, Longley Avenue to the north, the railroad corridor to the west, and an unpaved alley to the south. The site is served by City of South Bend water and sewer. Ensure that suitable areas are available for future industrial development. The rezoning is consistent with the Comprehensive Plan economic objectives. The property is located in a transitional area between single family houses to the south and commercial businesses to the north. Because of the existing building, the most desirable land use is light industrial or commercial. The surrounding property values may be unaffected with the reuse of the building, which was not designed for single-family use. It is responsible development and growth to allow appropriate and compatible re-use of vacant buildings. Based on 2 REGULAR MEETINGDECEMBER 11, 2006 information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. The rezoning is adjacent to the northern LI Light Industrial District. There have been no proposals to convert the existing site any other uses. The rezoning will allow the re-use of a structure that might otherwise continue to deteriorate. Mr. Henry Davis, MCE, 648 N. College Street, South Bend, Indiana made the presentation for this bill. Mr. Davis advised that he is the sales manager for MCE. Mr. Davis stated that they are the property owners of 648 College, just up the street from the parcel in question and would very much like to stay here in South Bend with their client base. Mr. Davis stated that they have outgrown their facility and need something a little bit larger. 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 Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 73-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1643 AND 1635 PRAIRIE AVE., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Lyons advised that the petitioner is requesting a zone change from LB Local Business District to CB Community Business District to allow an automobile repair shop. On site is a vacant building and undeveloped property zoned LB Local Business District. To the north is a single family house zoned MU Mixed Use District. To the east across Prairie Avenue is a used automobile sales business and undeveloped property zoned LB Local Business District and undeveloped property zoned MF1 Urban Corridor Multifamily District located at the southeast corner of Prairie Avenue and Dubail Avenue. To the south across Prairie Avenue is a vacant building zoned LB Local Business District. To the west is a single family house zoned LB Local Business District and three single family houses zoned SF2 Single Family and Two Family District. Mr. Lyons stated that 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 total approximately 28,318 square feet, or 0.65 acres. The existing one story vacant building covers approximately 1,200 square feet, or 4.2% of the site. Fifteen parking spaces are shown exceeding the seven required spaces. Off street parking area screening is shown adjacent to Prairie Avenue as well as evergreen screening along the west property line. On August 14, 2006, the Common Council rezoned the southwest corner of Prairie Avenue and Dorothy Street from LB Local Business District to CB Community Business District to allow a vacant building to be used for an automobile repair business. It is located 750 feet southwest of the property currently requesting rezoning. The site is located at the intersection of Prairie Avenue, Dubail Avenue, and Oliver Street. The property will be served by water and sewer from the City of South Bend. Although the Rum Village Neighborhood Association supports the rezoning, the Division of Community and Economic Development had concerns 3 REGULAR MEETINGDECEMBER 11, 2006 about the petitioner being able to meet the Zoning Code requirements in a timely fashion, specifically in establishing the landscaping. Mr. Lyons stated that the comprehensive plan Goal 2 Objective C is to develop quality business areas to meet the retail and service needs of the planning area. The rezoning is consistent with the Comprehensive Plan economic policy. The Rum Village Neighborhood Association supports the rezoning. The intersection of Prairie Avenue, Dubail Avenue, and Oliver Street is a mixture of automobile repair and sales, undeveloped property, vacant buildings, and single family houses. The most desirable land use at the intersection of these three streets is commercial. The property values of the adjacent single family houses may not be conserved with the rezoning. He further noted that it is responsible growth to allow appropriate and compatible re-use of vacant buildings. The property was previously used for an automobile-related use. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Mr. Ronnie Minner, 921 Altgeld Street, South Bend, Indiana, made the presentation for this bill. Mr. Minner advised that he had a business at 1210 Miami for approximately 11 months and tried to rezone it, but it was unsuccessful. Mr. Minner further advised that he is trying to buy the building located at 1643 Prairie from Mr. Dick Fox, the current owner. However, the zoning had been changed to “LB”, and prior to that change it was zoned “CB” and that is what he would like to have it changed back to.Mr. Minner stated that he was forced to close the shop until this matter can be resolved. Mr. Minner stated that he has had this dream to own his own business and make the community a better place and do better things and help people in South Bend. Mr. Minner kindly encouraged the Council to favorable recommend this rezoning, and give him a change to get on with his life. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. th Mr. Jeff Vitton, Community Development, 12 Floor County-City Building, South Bend, Indiana, stated that he is here tonight representing the Department of Community Development. He advised that 1643 Prairie is a vacant property that neighborhood residents consider to be an eyesore. He noted that Mr. Minner’s interest in relocating his auto repair business to this property has the potential to change this situation. Community Development has considered several primary factors regarding the petitioner’s request. The Rum Village Neighborhood Association supports the rezoning. There are limited reuse opportunities for the building outside of auto uses. The apparent low market potential of the site for LB type uses and the size of the site can accommodate the landscaping buffering requirements of the CB district and a precedent for changing LB to CB has already been established in the neighborhood at 1954 Prairie Avenue. Mr. Vitton further noted that the Rum Village Neighborhood Action Plan identifies this section as a “key intersection” and refers to it as a “focal point” of the community. It is of the utmost importance that the development standards of the Community Business District in regards to landscaping, signage, lighting, and parking be followed in order to ensure desirable development in the Rum Village Neighborhood. Mr. Vitton urged the Council’s favorable consideration. There was no one else present wishing to speak in favor or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 65-06 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF FUND 377 OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007, AND ENDING 4 REGULAR MEETINGDECEMBER 11, 2006 DECEMBER 31, 2007, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Pfeifer, Chairperson, Personnel & Finance 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. th Mayor Stephen J. Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke stated that this Ordinance is necessary to appropriate dollars to be distributed to the College Football Hall of Fame and Century Center in 2007. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Varner stated that he would not be supporting this bill tonight. He thanked the President of the NFF for coming forward and giving some background information on the Hall. He further stated that the City of South Bend has done a lot to show their support, the next step needs to come from the NFF. There needs to be some significant monetary contribution on the NFF’s part. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Pfeifer 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 and one (1) nay (Councilmember Varner) BILL NO. 85-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITH THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2006 th Councilmember Pfeifer made a motion to consider the 4 substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this th committee held a Public Hearing on this 4 substitute bill this afternoon and sends it to the full Council with a favorable recommendation. th Rahman Johnson, Director, Financial Services, Administration and Finance, 12 Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Johnson advised that due to unforeseen conditions that have developed since the adoption of the existing budgets this bill would necessitate the transfer of monies to certain accounts of various departments from adequate surpluses which are available and not presently needed within other accounts within the same department. 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 Pfeifer made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. 5 REGULAR MEETINGDECEMBER 11, 2006 BILL NO. 86-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATION WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2006 Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and sends it to the full Council with a favorable recommendation. th Rahman Johnson, Director, Financial Services, Administration and Finance, 12 Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Johnson advised that unforeseen conditions have developed since the adoption of the existing budgets which necessitates the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City. 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 Rouse made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 87-06 PUBLIC HEARING OF A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $965,051.67 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Andy Laurent, Economic Development Specialist, Community & Economic th Development, 12 Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Laurent advised that this bill would appropriate $965,051.67 from the Industrial Development Fund, Fund 434, for demolition activities and repayment of the Section 108 Loan for the Studebaker/Oliver Project. Mr. Laurent stated that Indiana Code 36-7-13-5 (c), states that the Council may not conduct any business requiring expenditures from Fund 434 without the approval, in writing, of a majority of the members of the South Bend Advisory Commission on Industrial Development. On November 8, 2005 the Advisory Commission on Industrial Development met and unanimously approved Resolution No. 3-2005 pledging CRED revenues to repayment of the Section 108 loan between the City of South Bend and the U.S. Department of Housing and Urban Development and Resolution No. 4-2005 recommending that the $965,051.67 received for Fiscal year 2005 be appropriated and spent for the repayment of the Section 108 Loan for the Studebaker/Oliver Project. Subsequent to that meeting of the Advisory 6 REGULAR MEETINGDECEMBER 11, 2006 Commission, the U.S. Department of Housing and Urban Development allowed the Advisory Commission to release $97,200.00 from the pledge of CRED revenues. That money was released to be used for demolition activities. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Pfeifer made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: __________________________ ________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:30 p.m. Council President Rouse presided with nine (9) member’s present. BILLS, THIRD READING ORDINANCE NO. 9723-06 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 CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 5, SOUTHFIELD LAKE, 61362 MIAMI ROAD This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9724-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 619 N. COLLEGE STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 7 REGULAR MEETINGDECEMBER 11, 2006 This bill had third reading. Councilmember Varner made a motion to consider the bill as it was amended in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as amended. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9725-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1643 AND 1635 PRAIRIE AVE., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9726-06 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF FUND 377 OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2007, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Varner) ORDINANCE NO. 9727-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITH THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2006 th This bill had third reading. Councilmember Puzzello made a motion to consider the 4 substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as substituted. Councilmember Dieter seconded the motion. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9728-06 AN ORDINANCE BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATION WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2006 This bill has third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which was carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a 8 REGULAR MEETINGDECEMBER 11, 2006 motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9729-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $965,051.67 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3674-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1902 MIAMI STREET AND 1110 E. CALVERT 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 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: 1902 Miami Street & 1110 E. Calvert St. in order to permit a special exception for off-site parking. 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: 9 REGULAR MEETINGDECEMBER 11, 2006 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 recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 (i). 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/Timothy A. Rouse Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Don Fozo, Building Commissioner, St. Joseph County, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioner is seeking a special exception for off site parking on property located at 1902 Miami and 1110 E. Calvert St. The Board of Zoning Appeals gave a public hearing on November 16, 2006, at which time this bill is sent to the Common Council with a favorable recommendation. Ms. Pam Zahrt, 922 S. Beiger Street, Mishawaka, Indiana, made the presentation for this bill. Ms. Zahrt advised that they are requesting a special exception for off-site parking in “MU” and a variance from the total of two signs with a maximum allowable total of 4 square feet to one sign 32 square feet. She noted that the property and sign have been in existence since December of 2003 and have not caused injurious to the public health, safety, convenience or general welfare; nor is it injurious or will adversely affect the use of the adjacent area or property. Ms. Zahrt further noted that permits were granted, without debate, in December, 2003, and that this is consistent with the character of the district in which it is located and the land uses are authorized. This special exception is compatible with the recommendations of the City of South Bend Comprehensive Plan. She noted that they worked with the Miami Corridor to insure the integrity of the City of South Bend’s Plan on this property. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 10 REGULAR MEETINGDECEMBER 11, 2006 RESOLUTION NO. 3675-06 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITH IN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 919 NORTH NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CAROLYN WITUCKI WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known (ADDRESS), South Bend, Indiana, and which is more particularly described as follows: a lot or parcel of land (32) thirty-two feet in width, north and south, taken off of and from the entire length of the south side of the east half of Lot Number 127 as shown on the recorded plat of Edward Sorin’s Second Addition to the Town of Lowell, Now part of the City of South Bend , and this property has Tax Key Number 18-5107-3780be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., 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 remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed 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 determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: 11 REGULAR MEETINGDECEMBER 11, 2006 i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real 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 6-1.1-12.1 et seq. SECTION VI. 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 Ms. Carolyn Witucki, 919 N. Notre Dame Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Witucki advised that she plans to construct a new, three-bedroom, two and one-half bath home of approximately 1,940 sq. ft. with an attached garage. The approximate cost of the home will be $220,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 12 REGULAR MEETINGDECEMBER 11, 2006 BILL NO. 06-127 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 PROGRESS DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PARRISH/MEYER MACHINE, INC. Councilmember White made a motion to continue this bill until the January 8, 2007 meeting of the Council at the request of the Petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3676-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3300 NORTH KENMORE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (4) FOUR-YEAR REAL PROPERTY TAX ABATEMENT FOR ELKHART PLASTICS, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known Elkhart Plastics, Inc., South Bend, Indiana, and which is more particularly described as follows: commencing at the Northeast corner of Section 28; thence South 89°48’05” West, 966.00 feet along the North line of said Section 28; thence South 00°00’23” West 40.00 feet to the South boundary of Cleveland Road; thence South 89°48’05” West, 289.0-0 feet along said South boundary; thence South 44°54’14” West, 14.17 feet to the East boundary of Kenmore Street; thence South 00°00’23” West, 146.76 feet along said East boundary; thence along said East boundary, Southeasterly 294.37 feet along an arc to the left, having a radius of 1,869.86 feet, subtended by a long chord, having a bearing of South 04°30’13” East, and a length of 294.07 feet to the point of beginning of this description; thence North 89°48’05” East 581.88 feet; thence South 00°00’23” West, 472.86 feet; thence South 89°58’56” West, 498.99 feet to said East boundary of Kenmore Street; thence North 09°59’37” West, 445.88 feet along said East boundary; thence Northwesterly 31.98 feet along an arc to the right, having a radius of 1,869.86 feet and subtended by a long chord, having a bearing of North 09°30’15” West, and a length of 31.98 feet to the place of beginning and which has Key Number 25-1010-0385.18 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 etseq., and South Bend Municipal Code Sections 2-76 etseq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area underIndiana Code § 6-1.1-12.1, etseq., and South Bend Municipal Code Sections 2-76, etseq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and 13 REGULAR MEETINGDECEMBER 11, 2006 WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 etseq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (4) four years. 14 REGULAR MEETINGDECEMBER 11, 2006 SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. 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 Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Jack Welter, President, Elkhart Plastics, Inc., 3300 N. Kenmore Street, made the presentation for this bill. Mr. Welter advised that Elkhart Plastics is a custom plastic processor, utilizing a rotational molding process. Products manufactured include yellow crash barrels for highway safety and a wide variety of large, hollow products shipped up to 500 miles away. The company plans to increase office space by 6,500 square feet and remodel an existing 3,700 square feet to serve as the North American headquarters for Promens, which is the largest rotational molding company in the world and is headquartered in Reykjavik, Iceland. The estimated cost of the addition and remodel is $600,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS – FIRST READING BILL NO. 88-06 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 853 FOREST, IN THE CITY OF SOUTH BEND, INDIANA 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 January 22, 2007. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 89-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR OPERATING EXPENDITURES FOR THE FISCAL YEAR 2007 INCLUDING $69,014,696 FROM THE GENERAL FUND, $787,982 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $588,720 CUMULATIVE CAPITAL IMPROVEMENT FUND, $7,165,818 FIRE PENSION FUND, $7,201,189 POLICE PENSION FUND, $3,248,485 MOTOR VEHICLE FUND, $10,703,074 FROM THE PARKS AND RECREATION FUND, AND $1,406,400 FROM THE HALL OF FAME DEBT SERVICE 15 REGULAR MEETINGDECEMBER 11, 2006 This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on January 22, 2007. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 90-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $128,723 FROM THE PARKS AND RECREATION FUND #201 FOR OPERATING EXPENDITURES OF THE GREENHOUSE FOR THE FISCAL YEAR 2007 This bill had first reading. Councilmember Dieter made a motion to refer this bill to the PARC Committee and set it for Public Hearing and Third Reading on January 22, 2007. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 82-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT LOT NUMBER SIX, U.S. 31 INDUSTRIAL PARK APPROXIMATELY 417 FEET NORTH OF THE NORTHWEST CORNER OF BRICK ROAD AND AMERITECH DRIVE, COUNCILMANIC DISTRICT ONE (1) 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 January 8, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner made a motion to reset Bill Nos. 66-06 and 67-07 for Public Hearing and Third Reading on January 22, 2007, and authorize the City Clerk to re- advertise. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS ELECTION OF OFFICERS FOR 2007 Council President Rouse entertained a motion to hold the Organizational Meeting of the South Bend Common Council to elect officers for 2007, on January 1, 2007 at 5:00 p.m., in the Lobby of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Councilmember Dieter made a motion to that effect, seconded by Councilmember Varner, the motion carried by a voice vote of nine (9) ayes. PRIVILEGE OF THE FLOOR Councilmembers Dieter, Pfeifer, Kelly, Puzzello, Varner, Kuspa, Rouse, White and Kirsits offered comments and thanked Sharon Kendall for her dedicated service as the Director of Economic Development and wished her good luck in Indianapolis. ADJOURNMENT 16 REGULAR MEETINGDECEMBER 11, 2006 There being no further business to come before the Council, President Rouse adjourned the meeting at 8:00 p.m. ATTEST: ATTEST: ___________________________ __________________________ John Voorde, City Clerk Timothy A. Rouse, President 17