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HomeMy WebLinkAbout07-25-11 Common Council Meeting Minutes REGULAR MEETING JULY 25, 2011 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, Ju1y 25, 2011 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Karen L. White At-Large Absent: Timothy Rouse At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the July 11, 2011 Meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember Puzzello made a motion that the minutes of the July 11, 2011 Meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS Councilmember Varner advised that Bill No. 11-47 Supporting the need for Quality Animal Care and Control Services at a Reasonable Cost to the Tax Payers would be continued until the August 22, 2011 meeting of the Council. Council President Dieter advised that Bill Nos. 41-11 and 43-11 will be continued until the August 8, 2011 meeting of the Council. Bill No. 18-11 will be continued until the August 22, 2011 meeting of the Council. Councilmember Oliver Davis recognized Boy Scout Troops 572 & 562 who are present tonight to observe the Council Meeting. 1 REGULAR MEETING JULY 25, 2011 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:06 p.m. Councilmember Henry Davis 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. Vice-President Oliver Davis, Chairperson, presiding. Vice-President Oliver Davis explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Vice-President Oliver Davis stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 43-11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF ROSE ST. AND THREE ADJACENT ALLEYS Councilmember Varner made a motion to continue this bill until the August 8, 2011 meeting of the Council due to the lack of a petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 18-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES Councilmember Varner made a motion to continue this bill until the August 22, 2011 meeting of the Council at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 40-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,200,000 FOR CAPITAL INVESTMENT IN THE POTAWATOMI CONSERVATORY IN 2011 Councilmember LaFountain, Chairperson, Personnel and Finance Committee reported that this committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke stated that they are asking for an appropriation of $1.2 million dollars to rehabilitate the Potawatomi Conservatory and Greenhouse in Potawatomi Park. This is long needed and discussions had begun on this several years ago and he introduced Phil St. Clair, Director, Parks & Recreation to give the detail of the bill. Phil St. Clair, Director, Parks & Recreation, 321 Walter, Street, South Bend, Indiana, advised that what they are looking at with the conservatories is a rehabilitation of the existing three conservatories. The first portion of the conservatory was built in 1963 thanks to the generous donation of the Ella Morris Family. In 1967 another extension of the conservatory by the Muessel-Ellison Family and the next piece that was built was the Arizona Desert Dome that was built in 1973. The proposal is to look at a couple things, 2 REGULAR MEETING JULY 25, 2011 one is to take down the existing growing house that was built in the 1920’s it is no longer functionable, it is actually unsafe to really be in there to do any pollination because of the condition of some of the ninety year old plus frame that is holding some of the glass in there and the heating system is antiquated and not properly functioning and certainly not efficient enough to be using. He stated that what they propose to do with the 1.2 million dollars is to invest in the infrastructure of the conservatories that were so graciously donated almost 50 years ago by the families mentioned earlier who lived in South Bend. He stated that they feel as a department and city entity that they owe it to the community and to these generous families to maintain the facilities and upgrade them so that they can provide the same type of enjoyment and use that they have provided for the last 50 years. He stated that they know without doing the upgrade at the conservatories that it will ultimately end up being closed. He stated that if they don’t do something right away, they will be in the same situation as the growing house is in right now. He asked the Council for their favorable consideration. Councilmember Henry Davis asked who the city consults with on the conditions of the various facilities that the city owned. Mr. St. Clair advised that on the conservatory they worked with Kil Architecture and Tom Keller Engineering. Councilmember Oliver Davis asked if they inspected all the buildings that were mentioned in Mr. St. Clair’s presentation. Mr. St. Clair stated that they have used other architecture and engineering firms on other facilities. Councilmember White asked what the timeline of this project if this bill is passed. Mr. St. Clair stated that the timeline is the most critical piece of this bill. He stated that if this bill is approved this evening it takes a certain amount of time to get it through the Park Board in terms of the bids that are required to do the work. He stated that they would certainly like to get the heating portion, being that they have to demolish the existing growing house to get access to the heating system and have a new system in place before the weather gets too cold this winter. So right now they are at a critical time as far as the time line goes to try to have the heating system in before it gets too cold. This being the time heretofore set for the Public Hearing on the above, bill, proponents and opponents were given the opportunity to be heard. The following individuals spoke in favor of the bill: Jennifer Feeney, Kil Architecture, 1126 Lincolnway East, South Bend, Indiana, gave a brief overview of the project. She stated that they are proposing to remove the existing growing greenhouses and provide a new connection to the conservatories with a new vestibule and new entry, a new driveway and parking. She stated that there currently is not a lot of off-street parking. She stated that they would like to make a connection to the unity gardens, kids’ kingdom, the park and the zoo. The proposed addition is 50 x 32 feet and includes handicapped accessible restrooms, a potting room and mechanical support for the entire facility. She stated that in order to get the mechanical systems to work correctly the existing greenhouses have to come down in order to run the mechanical systems through that area. She stated that a grant for the electrical upgrades have already been secured for the project and they will help facilitate new lighting and power throughout the building for the numerous events that have been coming up. She stated that they have had a large increase in the number of people coming through the building and that they are scheduling more and more events at the conservatory. She stated that there are currently computer servers from the University of Notre Dame that are on site that provide supplemental heat to the building. At this time, they don’t necessarily have a commitment from the University of Notre Dame to continue this partnership and are currently looking into building a larger server system at the conservatory. She stated that it is still a possibility that they might be able to do at a future time. She stated that at the 3 REGULAR MEETING JULY 25, 2011 end of last year they installed new high efficiency gas unit heaters within the building. She stated that they also accepted a donation from zoo fans that provided six fans to help circulate the air within the building. She stated that she worked with the Park Department and the Botanical Society to bring this project to fruition and it has been a number of years and really feel that these upgrades are necessary and it will continue to be a great place for everyone in the community to enjoy. Heidi Gray, Manager, Conservatories, 517 Webster, South Bend, Indiana, advised that she supports this bill and urged the Council to give their favorable consideration to this project. She stated that attendance has increased at the conservatory due to events being scheduled and classes offered. She stated that they have seen a lot of new visitors as well as return visitors who share wonderful memories of coming to the conservatory and greenhouse as a child and reminisce about the wonderful times that they have had there. th She stated that 2013 will be the 50 Anniversary of the Ella Morris conservatory and greenhouse and with all these upgrades what a fitting tribute to the conservatories and to the families who gave these gifts to the city. Catherine Hostetler, Treasurer, Botanical Society, 708 N. St. Joseph, South Bend, Indiana, stated that in addition to the increase in attendance and the increase use of the conservatories for events they have been booking weddings into the fall of 2012. She stated that it has been very encouraging. She stated that there is a broad base of support for the conservatories in the community. She stated that one area of this broad base support is in the replacement of the astro turf stuff that is in the Muessel Ellison in the lower level will be replaced with bricks and they have received donations of the bricks from both the brick company and Old Fort. They have received donations of the shipping costs from Questor’s and were the recipients of the Downtown South Bend Rotary Club’s $10,000 annual Philanthropic Award for the installation of those bricks along with a very generous gift a donation from Foegley Landscaping to install the bricks properly, so that they will be more conducive to the better quality of air, they won’t trap moisture, they won’t be trapping mold & mildew like the astro turf stuff. It is going to really improve the health of both the collection and the people that work around it. It is just going to make this venue just drop dead gorgeous. She stated that she is so excited about this project, but reminded everyone that this is just one small piece. This overall 1.2 million dollars is going to take care of the envelope of the building while the community themselves take care of some of the smaller things that need to be done but are very necessary. She stated that she thinks it does show that the people of South Bend are behind these conservatories and would really like to see them maintained. Suzanne Rickey, 802 Wall St., South Bend, Indiana, stated that she has gone to the conservatories since 1947 when her family moved to South Bend and when she heard several years ago that they were in danger, she joined the Botanical Society and have been a member for 4 ½ years. She stated that they have come a long way, but have a long way to go yet. She stated that once the new brick pavers installed and some of the other improvements such as the electrical system fixed it will be a wonderful venue to rent out for parties, weddings and all kinds of events. She stated that it could be a wonderful destination for people coming into South Bend to visit along with the zoo. Jan Michalski, Secretary, Botanical Society, stated that she remembers speaking to the Council about six (6) years ago about the future of the Potawatomi Greenhouse and Conservatories. She stated that back then it was eminent that the greenhouse and conservatory would be closed and many people in the community were greatly concerned. She stated thanks to the decision of the Council, things are still up and running. She stated that they have an active Botanical Society that is successfully working in partnership with the Park Department. She stated that there are activities taking place in the conservatory on a regular basis and attendance is good. She stated that she is speaking tonight to have the Council continue their support for the conservatories so that this partnership can continue and so that the people of this community can enjoy this treasure. So may wonder during this time of financial difficulty why they would want to spend money on something like this. She stated that she believes it is because of it uniqueness. Where else can you go and see the beauty, feel the peacefulness and smell the aroma of plants all year round. It is a special place for 4 REGULAR MEETING JULY 25, 2011 people to remember from their own childhoods, a place that they want to share with future generations. It is also a gift that was given to us to care for and keep. If we don’t respect what was given to us, why would anyone want to donate to this community? The educational opportunities in these facilities are endless and it is truly an irreplaceable treasure. She stated that we have been given a wonderful gift, let’s treat it respectfully and enjoy its beauty. She thanked the Council for their support in the past and looks forward to their support now and in the future. Tony Trinca, 129 Camden Street, South Bend, stated that he has never been to the greenhouse or conservatory, but has driven by a bunch of times and always looks forward to the day that he does visit and enjoy them. He stated that he thinks they are beautiful from the outside, its unique, its kind of like, he has lived in this country all of his life and never visited the Grand Canyon, but he does intend to go, one of these days will go and hope that they are they. He stated that he thinks the 1.2 million dollars seems to be a pretty popular figure, but it seems like a heck of a deal to him. He asked the Council for their favorable support. The following individual spoke in opposition to this bill: Greg Burkowski, 20155 Roosevelt Road, South Bend, Indiana, stated that he has lived there for the past 11 years, and formerly lived at 915 S. 21 Street which is not more than 200 feet from these conservatories. He stated that while he would like for the City to keep them and maintain them he has several reservations about this particular bill. For one thing the type of structures that are being talked about the heating system that is being used is probably pretty dog gone inefficient. He stated that he wonders why they haven’t thought about geo-thermal or something like that would be much more efficient. He stated that he would like to know why these buildings have been neglected for the last 50 years, and not maintained. He stated that they would be in such a bind as far as having to put the money into these buildings had they been maintained from the get go. It seems for some reason over the last 50 years that they have been neglected. He stated st that he watched them for the 13 years that he lived on 21 Street gradually deteriorate and he went there and voted every election. He stated that he has been in them and they are a treasure and to the lady who said where else can you go and see a facility that has this, he suggested Ft. Wayne, they have a beautiful Botanical Garden and would like to see something like that in South Bend. He stated that he knows that the City can’t afford it and doesn’t think that the city can throw $1.2 million dollars at this one right now either. He stated that they do need to do something to maintain these facilities and get them up to standards. He stated that all of the people that have been responsible for the maintenance of these structures and the preservation of these structures not just this administration but past five or six administrations should be held accountable. He stated that we can’t keep taking care of our assets like this and turn around when everything’s all caput and ask for massive expenditures to re-do them. A little bit spent each year would go a long way. He stated that he thinks this bill needs to be withdrawn and seriously look at what they want to put into these structures, what we want to use these structures for and what is the most efficient way to take care of these conservatories and to market them, use them, and to get the full use out of them. He stated that having conventions or receptions are a great idea and they do that at the Botanical Gardens in Ft. Wayne, Indiana, all the time. He stated that he has reservations about the economy and if this is the most efficient way to go. He stated that more studies need to be done before we fork over $1.2 million dollars and maybe we could defer this decision to the next administration, after all this administration only has five more months, this maybe contrary to what the plans that Mayor Curry or Mayor Buttigieg may want to lead the city on. He stated that the Council should consider putting this vote off, the buildings are not going to fall in over the next six months, but he thinks that it would be a good idea to just hold off. Take what donations that they can get use them wisely, but hold off on the overall $1.2 million dollar expenditure and see what the next administration wants to do. In Rebuttal, Mayor Luecke advised that there has been significant work done by the Botanical Society in terms of programming and operating of these facilities. He stated that he thinks it’s a great investment and also feel that it is an appropriate investment on the city’s part to recognize the significant donations that have been made over the years. 5 REGULAR MEETING JULY 25, 2011 There have been dollars invested over the years to do minor repair to the facilities, clearly not as much as they might have liked in the past. But at some point when you are dealing with 50 year old structures there is some major work that needs to be done. He stated that they did look at geo-thermal heating as a possible option that would have significantly increased the cost, they believe that with the heating system that they are using and with the supplement heat from the research computers from Notre Dame, they will have an efficient system that will be positive for the greenhouses and reduce the cost of operation and maintenance as they move forward. Councilmember Henry Davis asked if there was a dollar amount of the financial contributions that have been made and are they any current fundraising efforts going on. Phil St. Clair stated that as far as contributions go and grants he turned to Catherine Hostetler, Treasurer, Botanical Society for a figure. Catherine Hostetler, Treasurer, Botanical Society, advised that they had a Muessel Ellison Grant from two years ago for $60,000 for upgrade of the electrical system within the conservatories, they have received small donations for upgrades for the fountains and pumps and various things that were totaling $500.00 - $1,000.00 here and there. This year they have about $25,000.00 actually totaling in grants; in kind work, for the replacement of the astro-turf in the Muessel Ellison Bldg. So outstanding there is about $85,000.00 plus the smaller grants totaling around $100,000.00. Ms. Hostetler stated that is just recently, initially she believes they had over $132,000.00 for the repair of the curved glass in the Arizona Dome and the Muessel Ellison from glass house builders and restoration that specialized in the Lord and Burnham type conservatories that they are dealing with. The greenhouses, the growing houses that are falling apart and like sieves that are to the east of the conservatories are not what they have been putting the money into because they have fallen into disrepair and they just cannot be repaired. Councilmember Henry Davis asked if this money was coming out of COIT funds. Mayor Luecke advised that yes it is County Option Income Tax dollars that are being requested to be appropriated. Councilmember Henry Davis asked when is this going out for bid. Mayor Luecke stated as soon as they can. Mr. St. Clair stated that if the Council approves this bill tonight they would like to go out for bid as early as the next Park Board Meeting, which is the third Monday of the Month. Councilmember Henry Davis as if there was anyway that they could attach a project labor agreement to this bill. Mr. St. Clair stated that they will follow all the State and Local Ordinances that are necessary when bids are sent out. Councilmember Henry Davis stated that traditionally they have issues with making sure that we have local workers on a certain project. As a way of making sure that they have enough present, a project labor agreement usually is something that they ask for or he asks for in the past to make sure that they have a certain percentage of local workers and that they actually have a chance of actually working on this particular project. In the past it has been 21 or 22 percent or maybe 20 percent. Mr. St. Clair stated that he cannot speak for other departments, but historically the Park projects have been done by local labor here in town. Councilmember Henry Davis asked if the Park Department or the city is bidding out this project. Mr. St. Clair stated that it is the Park Board. 6 REGULAR MEETING JULY 25, 2011 Mr. St. Clair noted that as far as not doing any work at the facility, that is not the case, they have done work at the greenhouse and conservatories, they have replaced boilers, water lines, steam systems, they have done glass repair, it’s not like they haven’t done any work there. Councilmember Puzzello stated that when her children were young in the 1970’s they used to visit the conservatory quite often and it was beautiful and now she knows why because it was new. She stated that she didn’t realize that until now. She stated that as the years went by and it got more difficult to keep it up and we kind of got caught in a Catch 22, where less people were coming and the conservatory was kind of going downhill. She stated that there was a danger that we might lose it, about three or four years ago. The Botanical Society all of a sudden came together and has done wonderful work, hours and hours of free labor and study in the conservatory. She congratulated them and thanked them very sincerely for all their work that they have done to make it possible for that facility to live on. She stated that she would surely hope that the Council would pass this tonight so that they will know how much we appreciate all that they have done, and so that her grandchildren will be able to go over there and her great- grandchildren as well. There was no one else present wishing to speak to the Council either in favor or opposed to the bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 41-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,000,000 FOR CAPITAL INVESTMENT IN THE MIRACLE PARK IN 2011 Councilmember Dieter made a motion to continue this bill until the August 8, 2011 meeting of the Council at the request of the petitioner. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 44-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,000,000 IN INFRASTRUCTURE INVESTMENT OF ADDITIONAL STREET PAVING AND INSTALLATION OF A TRAFFIC SIGNAL REQUIRED FOR EFFICIENT TRAFFIC FLOW IN 2011 Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. He advised that they are asking for the approval of an appropriation of $1 million dollars to enhance the paving program in 2011 as well as to have dollars to install a traffic signal near the new Kroc Center so that there when there are major events there, they will have safe flow of traffic egress and ingress for that property. He introduced Gary Gilot, Director, Public Works to give the details of the bill. th Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that he provided a hand-out at the committee meeting this afternoon and will just highlight that. The hand-out depicted a 7 REGULAR MEETING JULY 25, 2011 distribution of paving over the last decade, showing a rather uniform coverage north to south; east to west of the City of South Bend and over that decade they have paved nearly half of the streets in the city. This year the Common Council has already appropriated $2.1 million dollars for paving on the 500 miles plus of city streets. He stated that is a level that is sufficient to break even. The amount of investment in the streets offsets the amount of annual decay and the condition of the streets. He stated that what this appropriation will do is allow for the city to raise the level, the condition of the streets. He stated that their proposal is to invest $850,000 on mostly arterial or business/commercial type streets, some in residential areas, but going for the higher traffic volume streets that get the most wear and tear and the most axel loads from trucks. With $850,000 they can address City Plan goals of transportation infrastructure support urban design and economic development by putting these important elements of the transportation network in good shape. Mr. Gilot stated that people use these roads everyday to get from where they live to where they work and around to visit folks and they are important for safety and they are important for the local economy to move goods and services. He asked for the Council’s favorable recommendation. Councilmember Varner asked if the first 2.3 million was local roads and streets and motor vehicle highway. Mr. Gilot stated yes, and actually all the materials he thinks were funded out of motor vehicle highway. He stated they used local roads street for some match money to get federal funds back. Mr. Gilot stated that he did skip over the signal, the signal is for the intersection of Western Avenue and Laurel and that will facilitate ingress/egress for major events at the Kroc Center. He stated that it was discussed how they will control that signal, they might let it rest on green until loops or cameras would actuate traffic needing to come out of the Kroc Center or from the parking lots on the north side of Western Avenue. It will also aid pedestrian safety with push button actuation for that or they might put it on a synchronized timing, but at any rate they will not program it in a manner where it causes congestion on the Western Corridor particularly as close as it is to Chapin, it will either be actuated or synchronized. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individual spoke in opposition to this bill: Greg Burkowski, 20155 Roosevelt Road, South Bend, Indiana, advised that he is all in favor of the road construction money, but we don’t need anymore darn traffic lights. It’s hard enough getting out of South Bend any direction you go. He stated that there is a traffic light at Chapin and Western, have one and will still have one at Western and Walnut which is just four block to the west. This way with the proposal we will have a traffic light at Western and Chapin, traffic light just two blocks at Western and Laurel, there has got a better way to get people in and out without sticking another traffic light in there. In Rebuttal, Mayor Luecke advised that they believe that the location of the traffic signal is appropriate as Mr. Gilot has said they will time it so that it does not impede traffic but allows safe ingress/egress from this marvelous new facility and will also provide pedestrian safety component with the push button signals for walks so that individuals who may have parked across the street can safely cross there as well. He asked the Council for their favorable consideration. Councilmember Henry Davis asked what corner the light will be on? Mr. Gilot advised that the light will have signal heads that face in four directions, so it will effect north/south; east/west traffic. Mr. Davis asked if it would be a four way stop at that corner? Mr. Gilot stated yes. 8 REGULAR MEETING JULY 25, 2011 Mr. Davis asked if it was by the Elk’s Lodge? Mr. Gilot stated right at Laurel. Mr. Gilot stated that it would be at Laurel and then goes to the north into the parking lot. Mr. Davis reiterated it would be a four way at Laurel and Western and then again at Chapin and Western? Mr. Gilot stated yes. Mayor Luecke reiterated Laurel is the street immediately west of the Kroc Property. He wanted to clarify to Councilmember Henry Davis that it is not the street near the Elks that is a different cross street. Mr. Gilot stated that it is right near the Housing Authority. Mayor Luecke stated that the south leg would be Laurel; the north leg will actually be an entrance into a parking lot, that is being created on the north side of Western. Mr. Henry Davis asked if it would be next to the billboard. Mayor Luecke stated yes. Mr. Henry Davis asked what are we going to do about the access point for the street that is right there when you cross going north, that brick street is like really, really small and its in real disrepair, the curbs are extremely high. He stated that he didn’t really know the depth of this until Mr. Gilot mentioned it and the lights went off, that street is in really bad condition. Mr. Gilot advised that the north side gets some grade adjustments associated with the parking lot construction and the signal work to smooth out the grade, the elevation, to make a smooth intersection. Mr. Davis asked if it is going to be widened. Sometimes you can only get one car going through there. Mr. Gilot stated that he did not recall the design details of the access, but it will be reviewed by the City Engineer and it will be sufficient pavement with to handle the traffic into the parking lot. The main purpose of cars going north is into the parking lot. Mr. Henry Davis asked if the sign (Burkhart) will be removed? Mr. Gilot advised that it is before the Board of Zoning Appeals (BZA) for reconfiguration. It won’t be removed, it will be reconstructed. Councilmember Henry Davis stated that he is really worried about the traffic flow in that area. Mr. Gilot thanked Councilmember Henry Davis for his input and concerns and he will ask the City Engineer to look at those design details as he does the intersection work. He looks at the surrounding traffic issues and the corridor progression and the new traffic generators like the Kroc Center and decide how to do the details of the design. The City Engineer by ordinance will manage that installation of that traffic control device. Mr. Henry Davis stated that there will be four traffic lights in a four block drive. There will be one at Chapin and Western, Laurel and Western; Alonzo Watson Park and Western; Taylor and Western; William and Western and Lafayette and Western. 9 REGULAR MEETING JULY 25, 2011 Mr. Gilot stated that there is a grid of signals downtown every block and when you get a high occupancy building like the Kroc Center you have to start to control for concentrated vehicle and pedestrian traffic so it is not unusual that it would be every block when you get a high occupancy building. He stated that the Kroc Center is a 100,000 square foot building with major events being held there. Councilmember Henry Davis stated that he has never seen that many stop lights within a mile radius, not even in major cities that are larger than ours. He stated that he is really really nervous about how this is going to fair for that area over there. Councilmember Oliver Davis asked Mr. Gilot if he would give all the Councilmember’s the information that he was going to give to Councilmember Henry Davis, regarding the information from the City Engineer. Mr. Gilot stated yes. Councilmember Dieter clarified that the brick street in question is Laurel. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis.) RISE AND REPORT Councilmember Henry Davis made a motion to rise and report to the full Council. Councilmember David Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Timothy A. Rouse, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:52 p.m. President Derek D. Dieter presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 10105-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,200,000 FOR CAPITAL INVESTMENT IN THE POTAWATOMI CONSERVATORY IN 2011 This bill had third reading. Councilmember Varner 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. 10 REGULAR MEETING JULY 25, 2011 ORDINANCE NO. 10106-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,000,000 IN INFRASTRUCTURE INVESTMENT OF ADDITIONAL STREET PAVING AND INSTALLATION OF A TRAFFIC SIGNAL REQUIRED FOR EFFICIENT TRAFFIC FLOW IN 2011 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis, Jr.) RESOLUTIONS BILL NO. 11-44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED 1117-1119 ½ W. WASHINGTON ST. Councilmember White made a motion to strike this bill from consideration at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4113-11 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4411 QUALITY DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GVW REALTY, LLC 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 located at 4411 Quality Drive and which is more particularly described as follows: 71-03-19-126-002.000-009 Lot numbered One (1) as shown on the recorded Plat of Hayes Olive Road Minor Subdivision, recorded July 17, 2000 as Document Number 0033926 in the Office of the Recorder of St. Joseph County, Indiana. and 71-03-19-126-001.000-009 Lot numbered Twenty A (20A) as shown on the recorded Plat of Landmark Business Park, Section 7, recorded October 19, 1992 as Document Number 9238271 in the Office of the Recorder of St. Joseph County. and which has Key Numbers 71-03-19-126-002.000-009 and 71-03-19-126-001.000-009 presently at this point in time, be designated as an Economic Revitalization Area; and 11 REGULAR MEETING JULY 25, 2011 WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; 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 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 six (_6_) 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/Derek D. Dieter Member of the Common Council st Mr. Richard Deahl, Barnes & Thornburg, LLP, 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation on behalf of GVW Realty, LLC. Mr. Deahl advised that GVW Realty, LLC intends to construct a 30,625 square foot building addition to an existing building located at 4411 Quality Drive. The existing building is occupied by a tenant, Best One Tire. The new addition will be occupied by another tenant, Premier Bandag #3. The new addition will be primarily made of steel, masonry, and concrete materials. The estimated cost of the new addition is $1,500,000. Premier Bandag #3, a franchisee of Bandag and Bridgestone Commercial Services Group, recycles used truck tires by retreading them for reuse primarily for semi-trucks and buses. Premier Bandag #3 has operated in the area since 1989. With this project they will be relocating from a facility on Home Street in Mishawaka which involves the transfer of 15 full time positions and 1 part time position. The project is vital to the future growth of Premier Bandag #3 because it will enhance the Company’s image and level of services it provides to its largest customer (Best One Tire) which will be located next door. The estimated taxed to be abated are $185,279 and total taxes to be paid are estimated at $130,537. It is estimated that the project will create fifteen (15) new, permanent full-time positions and one (1) part-time position with total wages estimated at $450,000. A Public Hearing was held on the Resolution at this time. 12 REGULAR MEETING JULY 25, 2011 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 11-47 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE NEED FOR QUALITY ANIMAL CARE AND CONTROL SERVICES INCLUDING SPACE TO HOUSE AND CARE FOR SUCH ANIMALS AT A REASONABLE COST TO THE TAXPAYERS Councilmember Varner made a motion to continue this bill until the August 22, 2011, meeting of the Council. Councilmember Henry Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 45-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO TRANSFER A PORTION OF VOORDE PARK TO HOOSIER TANK AND MANUFACTURING, INC. This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on August 8, 2011. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 46-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9 ADMINISTRATION, SECTION 21- 09.03 BOARD OF ZONING APPEALS AND ARTICLE 14, SUBDIVISIONS, SECTIONS 21- 14.04 MINOR SUBDIVISIONS, 21-14.05, MAJOR SUBDIVISIONS, 21-14.06, SUBDIVISION REPLATS AND 21-14.09 (b) VARIANCES This bill had first reading. 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 August 8, 2011. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 47-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH 13 REGULAR MEETING JULY 25, 2011 BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, SECTION 21- 01-03 NON-CONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS; AND ARTICLE 4 INDUSTRIAL DISTRICTS, SECTION 21-04.11 GENERAL REGULATIONS FOR INDUSTRIAL DISTRICTS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORT FROM AREA BOARD OF ZONING APPEALS BILL NO. 11-49 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 3520 N. BENDIX DRIVE 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 August 8, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. REPORTS FROM AREA PLAN COMMISSION BILL NO. 35-11 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY(S) LOCATED AT 429, 423, 431, 425 COTTAGE GROVE AVENUE AND 426 CUSHING STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 36-11 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1007 NORTH BENDIX DRIVE AND PART OF 1025 NORTH BENDIX DRIVE, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer Bill Nos. 35-11 and 36-11 to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on August 8, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. 14 REGULAR MEETING JULY 25, 2011 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:01 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 15