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HomeMy WebLinkAbout11-13-06 Zoning & AnnexationZoning and Annexation Committee Meeting 2©06 South Bend Common Council The November 13, 2006 meeting of the Zoning and Annexation Committee of the South Bend Common Council was called to order by Chairperson, Council Member Ervin Kuspa, at 3:00 p.m. in the Council's Informal Meeting Roam. Persons in attendance included Council Members Varner, Kuspa, White, Rouse, Kelly, Kirsits, Dieter and Puzzello; Citizen Member Ed Talley, Community and Economic Development Executive Director Sharon Kendall, Martha Lewis, City Clerk John Voorde, Mrs. Kopola, Public Works Director Gary Gilot, Building Commissioner Don Fozo, Jamie Loa of the South Bend Tribune, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the Committee Members consist of Council Members KIr51t5, Dieter and White, and Citizen Member Ed Talley. He stated that those who wish to be recognized should state their name and address for the record. Bill No. 06-1110 Special Exception for 828 & 830 East Fox Street: Council Member Kuspa called for a report from the Board of Zoning Appeals on Bill No. 06-110 which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 828 & 830 East Fox Street. Building Commissioner Don Fozo reported that the Board of Zoning Appeals held a public hearing on October 19, 2006 on the petition of Rick and Susan Donoho who are seeking a special exception to allow a duplex in a "SF2" zoning district. The BZA voted 4-0 to recommend the request favorably to Council. Council Member Kuspa noted that the structure was built in 1905. Mr. Fozo noted that the special exception is needed in light of the use lapsing, but adding that the structure was originally built as a duplex. In response to questions from Council Member Puzzello and Citizen Member Talley, Mr. Fozo added that the "presumption of abandonment" still is in effect, noting that since the structure was built as a duplex and was used as a duplex he believes it should continue as a legal non-conforming use, noting that in such case there would not be a problem with financing. Neither the petitioner nor the petitioner's attorney was present to make a formal presentation on Bill NO. 06-110. November 13, 2006 Zoning and Annexation Committee Meeting Minutes Page 2 Council Member Dieter made a motion, seconded by Citizen Member Talley that Bill No. 06-110 be sent to the Council without recommendation in Eight of the petitioner not being present. The motion passed. It was further recommended that the Office of the City ClerEc attempt to contact the petitioner before the 7 p.m, meeting. There being no further business to come before the Committee, Council Member Kuspa adjourned the meeting at 3:10 p.m. I~espectfuEly submitted, Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee Attachments Public Works and Property Vacation Committee 2006 South Bend Common Council The November 13, 2006 meeting of the Public Works and Property Vacation Committee of the South Bend Common Council was called to order by its Chairperson, Council Member David Varner at 3:10 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Dieter, Kelly, Varner, Kuspa, Kirsits, Rouse, White and Puzzello; Public Works Director Gary Gilot, Citizen Community and Economic Development Director Sharon Kendall, Mrs. Kopola, Teena Caperall, John R. Davis, Eric Marshall, City Controller M. Catherine Fanello, Don Inks, City Clerk Jahn Voorde, Amanda Jones, Larry Zering Jamie Loo of the South Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Dr. Varner noted that the Cammittee members include Council Members Pfeifer, Dieter, Puzzello and himself and Kurt Youngs as a citizen member. Bill No. 63-06 Vacation of the First EastlVllest Alle North of Pleasant Dr. Varner called upon Public Works Director Gary Gilot to pravide an update since the last Committee meeting. Mr. Gilot noted that the first time around his department provided a map which contained errors which resulted in notice problems. His department has corrected the map and tendered across-access easement form so that the petitioner could have the opportunity to move forward on this request. The Board of Public Works has reviewed this request and sends it to the Council with a favorable recommendation. Eric Marshall the attorney for the petitioners made the formal presentation. He noted that proper notice has been sent to all property owners within a 150 feet radius. Two (2} came back as being undeliverable. Across-access easement has been executed as requested by the Board of Public Works, Mr. John R. Davis noted that vandalism, noise, traffic & pedestrian issues are all reasons why he believes that the alley should be closed for public safety reasons. Martha Lewis of 308 South Francis Street spoke in favor of the vacation request noting that she has visited the petitioners and has witnessed first-hand the safety problems highlighted by Mr. Davis. Larry Zering of 1017 South 26t~' Street spoke in opposition to the request noting that he has lived at this location for 34 years and uses the alley. He provided a November 13, 2pp6 Public Works and Property Vacation Committee Meeting Minutes Page 2 handout which he requested from the police department (copy attached) which shows that there were no calls for service in this area for this calendar year. Amanda Janes of 1101 26t~' Street spoke in opposition to the request noting that she has lived at this location for eight years. She stated that her children use the alley and suggested that perhaps a 4-way stop should be installed and signs saying "Watch for Children". Teens Caperall of 1017 South 27t~' Street Hated that she was the person who originally brought the notice problems to the attention of the Council. She noted that two (2) city departments objected to the closing. She circulated five (5} photos (attached) indicating that there is no damage to the petitioner's property. She stated that she talked with a city employee who said that the resulting T- intersection would cause problems for snow removal. She also provided a listing of property owners who are against and for the proposed vacation (copy attached) along with signed statements (attached). In response to a question from Council Member Puzzella, Mr. Gilot stated that the City does not plow alleys. Mr. Marshall stated that there are legitimate public safety reasons which warrant the alley vacation. He added that there is no hindrance to access to garages or safety vehicles. Council Member Dieter made a motion, seconded by Council Member Puzzello that Bill No. 63-06 be recommended favorably to Council. The motion passed. Under miscellaneous business, Council Member Dieter noted that he is working on a potential name change for the 300 block of Colfax. There being no further business to came before the Committee, Dr. Varner adjourned the meeting at 3:38 p,m. Respectfully submitted, Council Member David Varner, Chairperson Public Works and Property Vacation Committee Attachments Personnel and Finance Committee 2DD6 South Bend Common Council The November 13, 2006 meeting of the Personnel and Finance Committee of the South Bend Common Council was called to order by its Vice-Chairperson, Council Member Karen I-. White at x:00 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Kelly, Varner, Kuspa, Kirsits, Rouse, White, Dieter and Puzzello; Mayor Stephen J. Luecke, Citizen Member Martha Lewis, City Clerk John Voorde, Community and Economic Development Director Sharon Kendall, Mrs. Kopola, Beth Leonard, Phil St. Glair, City Controller M. Catherine Fanello, Jamie Loo of the Soufh Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Council Member White noted that the members of the Personnel and Finance Committee include Council Members Kuspa, Pfeifer, Varner and herself as Vice- Chairperson. Bill No. 65-06 Appropriation from Fund # 377 College Football Hall of Fame Council Member White noted that the City Controller has sent a letter dated today (copy attached) requesting that Bill No. 65-06 be continued until the November 27th Council meeting. City Controller M. Catherine Fanello noted that in light of the last Personnel and Finance Committee meeting where the College Football Hall of Fame was discussed, and that 1- 2additional meetings are proposed on this topic, that the City Administration believes that the Bill should be continued. At this point, Chairperson Pfeifer joined the meeting. Mayor Luecke noted that he believed that a meeting with NFF representatives could be arranged prior to the November 27th meeting. Council Member Puzzello made a motion, seconded by Dr. Varner that Bill No. 65-06 be recommended to be continued at the request of the Administration. The motion passed. Council Member Pfeifer inquired when the next meeting on tax abatement would be and was advised that it is scheduled far November 29th. There being no further business to come before the Committee, Council Member Pfeifer adjourned the meeting at 4:04 p.m. {Vonember 13, 2006 Personnel and Finance Committee Meeting Minutes Page 2 Respectfully submitted, Council Member Charlotte D. Pfeifer, Chairperson Personnel and Finance Commi#tee Council Member Karen L. White, Vice-Chairperson Personnel and Finance Committee Attachment Health and Public Safety Committee 2046 South Bend Connimon Council The November 13, 2006 meeting of the Health and Public Safety Committee of the South Bend Common Council was called to order by its Chairperson, Council Member Karen L. White at 3:55 p.m,, in the Council's Informal Meeting Room. Persons in attendance included Council Members Kelly, Varner, Kuspa, Kirsits, Rouse, Dieter, White and Puzzello; City Controller M. Catherine Fanello, Community and Economic Development Director Sharon Kendall, Public Works Director Gary Gilot, Martha Lewis, City Clerk John Voorde, Lt. Dick Powers, Juanita Dempsey, Jamie Loo of the Soufh Bend Tribune, and Kathleen Cekanski-Farrand, Council Attorney. Council Member White noted that the Committee Members include Council Members Varner, Kuspa, Puzzello, and herself as Chairperson. Volunteers in Police Service. Council Member White welcomed representatives of Volunteers in Police Service (NIPS). Lt. Dick Powers, Unit Director and Juanita Dempsey, Daily Operations Manager for Volunteers in Police Service (NIPS) made the formal presentation. Lt. Powers noted that two (2) years ago they presented the Council with a check for the amount of volunteer hours given to the community. This evening at the Common Council meeting he would be honored to present a check in the amount of $162,287.84 representing 8,996 total Fours in value. NIPS representatives this evening would also like to present to the Council this evening a collage of colored pictures of various activities this year and a listing of events which they have participated in during the 2006 calendar year. They provided several handouts to the Committee (copies attached}. Council Member White thanked all of the NIPS members fior their services to the South Bend community. There being no further business to come before the Committee, Council Member White adjourned the meeting at 4:00 p.m. Respectfully submitted, Council Member Karen L. White, Chairperson Health and Public Safety Committee Attachments Community and Economic Development Committee 2fl06 South Bend Common Council The November 13, 20D6 meeting of the Community and Economic Development Committee of the South Bend Common Council was called to order by its Chairperson, Council Member Roland Kelly at 3:38 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Pfeifer, Kelly, Varner, Kuspa, Kirsits, Rouse, White, Dieter and Puzzeno; Community and Economic Development Director Sharon Kendall, City Controller M. Catherine Fanello, Bill Schalliol, Nevin J. Siqueira, Marilyn and Carl Meyer, Jeanette Burden, City Clerk John Voorde, Public Works Director Gary Gilot, Dan Inks, Martha Lewis, Mrs. Kopola, Jamie Loo of the Soufh Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kelly noted that the Committee members include Council Members Kuspa, Puzzello, Kirsits, and himself and Professor Marty Wolfson as a citizen member. Bill No. 74-06 A ro nation Re uest of 2 807 056 from the Communit ©evelopment Fund (Fund # 212): Council Member Kelly called fora presentation on Bil! No. 74-D6 which is an appropriation request of $2,8D7,D56 from the Community Development Fund, Fund # 212 for the purpose of defraying expenses of the department and designating subgrantee agencies for the 2007 program year. Elizabeth Leonard, Director of Financial & Program Management for the Department of Community and Economic Development made the formal presentation. She noted that she reviewed this request in detail in a prior Community and Economic Development Committee meeting. During the 30-day comment period fiwo {2) comments were received; one from the South Bend Police Department thanking the department for their past financial support and the second one from Real Services requesting an increase in funding. Ms. Leonard stated that there is a 15% cap in this area and that any change would decrease other provider recipients. Council Member Kuspa made a motion, seconded by Council Member Puzzello that Bill No. 74-06 be recommended favorably to Council. The motion passed. Bill No. 75-06 A ro nation Re uest of 118 321 Received from HUD's Emeraency Shelter Grant Program: Council Member Kelly called far a presentation an Bill No. 75-06 which is an appropriation request of $118,321 received from the U. S. Department of Housing and Urban Development (HUD)'s Emergency Shelter Grant. Elizabeth Leonard, Director of Financial & Program Management for the Department of Community and Economic Development made the formal presentation. She noted that November 13, 2006 Community and Economic Development Committee Meeting Minutes Page 2 she reviewed this request in detail in a prior Community and Economic Development Committee meeting. There were no comments received within the 30-day comment period. Council Member Kuspa made a motion, seconded by Council Member Puzzello that Bill No. 75-06 be recommended favorably to Council. The motion passed. Bill No, 78-OB Transfer Re uest of SO 000 Within Various Funds Within Communit Develo ment Fund Fund # 212 : Council Member Kelly called for a presentation on Bill No. 76-06 which is an transfer request of $80,D00 within various funds in the Community Development Fund, Fund # 212. Elizabeth Leonard, Director of Financial & Program Management far the Department of Community and Economic Development made the formal presentation. She noted that she reviewed this request in detail in a prior Community and Economic Development Committee meeting. There were no comments received within the 3D-day comment period. Council Member Kuspa made a motion, seconded by Council Member Puzzello that Bill No. 76-06 be recommended favorably to Council. The motion passed Bill No. 06-114: 5-Year Personal Pro a Tax Abatement Re uest for 2829 Foundation Drive: Council Member Kelly called far a report from the Department of Community and Economic Development on Bill No. 06-114 which is a personal property tax abatement request of Value Production, Inc. Bill Schalliol of the Department of Community and Economic Development reviewed the department's report dated October 17, 2006 (copy attached). He noted that Value Production is a machining facility which is ISO 9DD1:2000 certified. The company was founded in 2000 and manufactures tolling for use in the aerospace, automotive, medical and commercial markets. The project will invest $500,OD0. The report concluded that the petitioner meets the qualifications fora 5-year persona( property tax abatement under Sections 2-84.2 addressing "`Tangible Personal Property Tax Abatement" in the South Bend Municipal Code. Nevin J. Siqueira, President of Value Production located at 2629 Foundation Drive made the formal presentation. November 13, 2©Q6 Community and Economic Development Committee Meeting Minutes Page 3 In response to a question from Council Member Puzzello, Mr. Siqueria stated that he received two (2) previous abatements in 2000 and 2004 and believes he can handle the requirements for this abatement request. Following discussion, Council Member Kuspa made a motion, seconded by Council Member Puzzello that Bill No. 06-114 be recommended favorably to Council. The motion passed. Bill No 06-115• 6-Year Personal Property Tax Abatement Request for 37.02 Pro Tess Drive. Council Member Kelly called for a report from the Department of Community and Economic Development nn Bill No. 06-115 which is a persona! property tax abatement request of ParrishlMeyer Machine, Inc. Bill Schalliol of the Department of Community and Economic Development reviewed the department's report dated October 17, 2006 (copy attached}. He noted that the petitioner manufactures jigs, dies, fixtures and special high-precision parts. The project will invest $400,000. The report concluded that the petitioner meets the qualifications fora 5-year personal property tax abatement under Sections 2-84.2 addressing °Tangible Personal Property Tax Abatement" in the South Bend Municipal Code. Marilyn and Carl Meyer of ParrishlMeyer Machine, lnc. located at 3702 Progress Drive made the formal presentation. They purchased the company out of bankruptcy three (3) years ago. The company has grown to employ thirty-six (36) employees. Community and Economic Development Director Sharon Kendall noted that petitioners are also looking at skills educa#ion with the State of Indiana. Following discussion, Council Member Kuspa made a motion, seconded by Council Member Kirsits that Bill No. 06-115 be recommended favorably to Cauncil. The motion passed. Bill No. 06-'116: 5-Year Residers#ial Real Pro a Tax Abatemen# Re ues# for 901 North Notre Dame Avenue: Council Member Kelly called for a report from the Department of Community and Economic Development on Bill No. 05-116 which is a residential real property tax abatement request of Marc and Jeanette Burdell. Bill Schalliol of the Department of Community and Economic Development reviewed the department's report dated October 17, 20D6 (copy attached). He noted that the November '13, 2006 Community and Econamic Development Committee Meeting Minutes Page 4 petitioners plan to invest $330,000 on the project. The report concluded that the petitioner meets the qualifications fora 5-year residential real property tax abatement under Sections 2-77.1 addressing "Single Family Residential Construction Tax Abatement" in the South Bend Municipal Code. Jeanette Burdell stated that she and her husband are planning to construct their new home on the northwest corner of Corby and Notre Dame Avenue. Following discussion, Counci[ Member Kuspa made a motion, seconded by Council Member Puzzello that Bill Na. 06-116 be recommended favorably to Council. The motion passed. Mr. Schallial noted that at the next Committee meeting their department plan to bring a map indicating all of the residential abatements. There being no further business to come before the Committee, Council Member Kelly adjourned the meeting at 3:55 p.m, Respectfully submitted, Council Member Roland Kelly, Chairperson Community and Econamic Development Committee Attachments Committee of the Whole 2p06 South Bend Common Council The November 13, 2006 meeting of the Committee of the Whole of the South Bend Common Council was called to order by its Chairperson, Council Member Karen L. White at 4:58 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Pfeifer, Keily, Varner, Kuspa, Kirsits, Rouse, White, Dieter and Puzzello; Mayor Stephen J. Luecke, Martha Lewis, Community and Economic Development Director Sharon Kendall, City Controller M. Catherine Fanello, Building Commissioner Don I' OZO, Jitin Kain, Marco Mariani, City Clerk John Voorde, Jamie Loo of the South Bend Tribune and Kathleen Cekanski- 1=arrand, Council Attorney. Bill No. 06-107 Proposed City Plan_(Comprehensi~e PIan1: Council Member White noted that last Thursday the Committee met and had good dialogue on the proposed City Plan which clarified many items. Marco Mariani and Jitin Kain of the Department of Community and Economic Development noted that a Substitute version of Bill No. OS-~ 07 and a new cover letter signed by the Mayor has been reviewed by the Legal Department and the Council Attorney and incorporates all of the suggestions previously discussed (copies attached). The Council Attorney noted that if the Council adopts Bill No. 06-1076 this evening that a letter from the Council President along with the Resolution, its cover letter, the amended Comprehensive Plan will be sent to the Area Plan Commission highlighting why it was amended. She noted that she spoke with John Byorni, Area Plan Executive Director, this morning and that it would be heard at the December APC meeting. After it is approved by the APC, City Clerk John Voorde will be required to file a copy of the Comprehensive Plan with the County Recorder's Office. Council Member Kirsits made a motion, seconded by Council President Rouse that Substitute Bill No. 06-107 be recommended favorably to Council. The motion passed. There being no further business to come before the Commiee, Council Member White adjourned the meeting at 5:03 p.m. Respectfully submitted, Council Member Karen L. White, Chairperson Committee of the Whole South Bend Common Council