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HomeMy WebLinkAbout07-11-11 Common Council Meeting Minutes REGULAR MEETING JULY 11, 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 11, 2011 at 7:00 p.m. The meeting was called to order by Council Vice-President Oliver J. Davis and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Henry Davis, Jr. 2nd District Ann Puzzello 4th District David Varner 5th District Oliver J. Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large, Chairperson Committee of the Whole Absent: Derek D. Dieter 1st District, President Thomas LaFountain 3rd District Karen L. White At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the June 27, 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 Rouse made a motion that the minutes of the June 27, 2011 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of six (6) ayes. SPECIAL BUSINESS Councilmember Rouse announced that the Council is still accepting applications for the MBE/WBE Utilization Board of the City of South Bend, Indiana. He advised that applications will be accepted until July 15, 2011. Application on available on-line on the th Council’s website and in the Office of the City Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, 46601. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 p.m. Councilmember Rouse made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Rouse, Chairperson, presiding. 1 REGULAR MEETING JULY 11, 2011 Councilmember Rouse explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Rouse stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 22-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1710 SHERIDAN, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this Committee held a meeting this afternoon and voted to send this bill to the full Council with a favorable recommendation. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner is requesting a zone change from SF2 Single Family and Two Family District to LI Light Industrial District to allow truck parking and loading for the building on property west of subject property. On site is vacant land. To the north is Koontz-Wagner Electric and Fortis Plastics zoned LI Light Industrial District. To the east is Voorde Park zoned SF2 Single Family and Two Family District. To the south are single family homes zoned SF2 Single Family and Two Family District. To the west is Hoosier Tank zoned LI Light Industrial District. The Li Light Industrial District is established to provide for development of office/warehouse, warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate heavy traffic, require extensive community facilities, and 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 area to be rezoned is approximately 1.9 acres. The site plan shows this area s truck parking and loading and an additional 9 parking spaces for the adjacent Hoosier Tank facility. Approximately 14, 230 square feet is new pavement. The remainder is open space. Access will be from Voorde Drive. A building addition is shown on the property to the west that will connect the existing building to the new truck parking. Hoosier Tank is in a facility that has seen several additions over the past several decades. The building, at its current size, has been on the site since at least 1993. The current business has operated at this site since 2004. Ms. Nayder stated that Voorde Drive, Sheridan Street, and Keller Street are two lanes. She stated that this rezoning meets the objectives of City Plan, South Bend’s Comprehensive Plan. The future land use map shows this property as parks and open space. The property to the west is shown as light industrial. Ms. Nayder noted that this property is not included in any airport expansion plans or flight approaches. This site is located just to the southeast of the airport. Other large industrial businesses line Voorde Drive on the north. Voorde Park, adjacent and to the east, remains an active park. The expansion of an existing business with the appropriate buffering to the adjacent residential and recreational uses is a desirable use of this property. The expansion of the business to the west should not affect property values. It is responsible development and growth to accommodate the expansion of an existing business. Ms. Nayder advised that based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. The Area Plan Commission held a public hearing on June 21, 2011 and sends this bill to the Common Council with a favorable recommendation. Ms. Nayder advised that the expansion of this established business is compatible with the adjacent mix of land uses. The new truck parking and loading facility will be adequately buffered from neighboring non-industrial uses. 2 REGULAR MEETING JULY 11, 2011 Mr. Edward Fisher, Fisher Land Surveying Serivces, Inc., 303 E. Third Street, Mishawaka, Indiana, made the presentation on behalf of the petitioner the City of South Bend’s Economic Development Department and contingent purchaser Hoosier Tank. Mr. Fisher advised that the petitioner is requesting the zoning change from “SF-2” Single Family and Two Family District to “LI” Light Industrial District in order to construct a truck parking and load area for the business located to the West of the subject parcel. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 29-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2014 S. MICHIGAN ST., AND 2018 S. MICHIGAN ST., COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this Committee held a meeting this afternoon and voted to send this bill to the full Council with a favorable recommendation. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner is requesting a zone change from MU Mixed Use District to SF-2 Single Family and Two Family District to allow single family housing. She stated that on site are two single family homes. To the north is Young’s Tax Service zone MU Mixed Use District. To the east are single family homes zoned SF2 Single Family and Two Family District. To the south is a single family home zoned MU Mixed Use District and across Donald Street is OctaPharma Plasma zoned LB Local Business District. To the west across Michigan Street are two fast food restaurants zoned CB Community Business District. The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g. public water, public sanitary sewer, storm sewer, natural gas, electricity, public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. No site plan is required for rezoning to the SF2Single Family & Two Family District. Prior to the update of the City Zoning ordinance, the property was zoned “C” Commercial, “E” Height & Area. The current zoning map, adopted in 2004, converted the zoning to the MU Mixed Use District. Historical aerials show that the existing structures have been located on these parcels since at least 1966. Michigan Street is a three land one-way street north and services as a major access road from the south into downtown South Bend. Traffic counts taken along Michigan Street approximately 500 feet south near Ewing Street and 1000 feet north near Dayton Street show counts of 13,704 AADT and 16,358 AADT, respectively. On street parking is provided along both side of Michigan Street. The parcels will continue to be served by municipal sanitary sewer and water. The City of South Bend Division of Engineering & Public Construction and the Building Department had no comments. The City of South Bend Department of Community and Economic Development is not opposed to the proposed rezoning. They further commented that there are currently no development pressures in this part of the corridor and that the proposed zoning would be acceptable. Ms. Nayder advised that this 3 REGULAR MEETING JULY 11, 2011 rezoning meets the objectives of the City of South Bend’s Comprehensive Plan, City Plan and that the Future Land Use Plan shows these parcels as mixed use. The parcels are currently occupied by two structures, one of which was previously used as an office and the other as a grandfather non-conforming single family residence. This rezoning is required because the northern structure has lost is grandfathered status. Uses along Michigan Street vary greatly and include primarily fast food restaurants, office, and retail. In conjunction with the uses, the zoning classification also vary greatly and include CB Community Business, MU Mixed Use, GB General Business, and LB Local Business. The most desirable use of the property is any use permitted in the MU Mixed Use District or lesser intense use such as a single family residence. Surrounding property values should not be negatively affected since the proposed rezoning is to a less intense district. Residential use of the property is compatible with the adjacent mixed uses along Michigan Street. The proposed use is responsible growth and development since it lies within a mixed use area which includes restaurants, offices, and retail. This rezoning will allow the existing structures to be used as single-family residential for which the structures were originally constructed. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the City of South Bend Common Council with a favorable recommendation. Ms. Nayder stated that the Area Plan Commission held a Public Hearing on June 21, 2011 and sends this bill to the full Council with a favorable recommendation. She advised that this rezoning will allow two existing structures to be used as single-family residences. Residential use of the parcels is compatible with the adjacent mixed land uses along this part of Michigan Street. Mr. Kevin Wang, 4503 S. Michigan Street, South Bend, Indiana, made the presentation on behalf of the petitioners, Jin Dian Wang and Jin Li Zhang. Mr. Wang advised that the petitioners recently purchased the two single family dwellings without the knowledge that they were zoned as MU Mixed Use District. The two homes were originally constructed as single family dwellings and were apparently used for many years for that purpose. However, the house located at 2014 S. Michigan Street was used for a period of time by Thompson-Wiseman Insurance Agency. He stated that the house has not been used for a commercial business for more than ten years, and is currently a functional single family dwelling. It is the intention of the property owners to occupy or rent both houses for the purpose for which they were originally constructed. Mr. Wang asked the Council for their favorable consideration. 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 six (6) 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 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 4 REGULAR MEETING JULY 11, 2011 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 Oliver Davis made a motion to continue Bill Nos. 40-11; 41-11 and 18- 11 until the July 25, 2011 meeting of the Council at the request of the petitioners. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Henry Davis seconded the motion which carried by a voice vote of six (6) 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 7:12 p.m. President Derek D. Dieter presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 10103-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1710 SHERIDAN, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Henry Davis seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 10104-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2014 S. MICHIGAN ST., AND 2018 S. MICHIGAN ST., COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kirsits seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. 5 REGULAR MEETING JULY 11, 2011 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 Kirsits made a motion to continue this bill until the July 25, 2011 meeting of the Council at the request of the petitioner. Councilmember Rouse seconded the motion which carried by a voice vote of six (6) ayes. RESOLUTION NO. 4112-11 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 4411 QUALITY DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GVW REALTY, LLC Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this Committee held a Public Hearing this afternoon and voted to send it to the full Council with a favorable recommendation. st Richard Deahl, Attorney, Barnes & Thornburg, LLP, 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation on behalf GVW Realty, LLC., and Premier Building #3 Inc. Mr. Deahl advised that the petitioner GVW Realty, LLC intends to construct a 30,635 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. Mr. Deahl stated that 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 located next door. He stated that the total taxed to be abated are estimated at $185,279 and total taxes paid during the term are $130,537. A Public Hearing was held on the Resolution at this time. There being no on present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Varner made a motion to adopt this Resolution. Councilmember Rouse seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. 6 REGULAR MEETING JULY 11, 2011 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 Puzzello made a motion to continue this bill until the July 25, 2011 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILLS - FIRST READING BILL NO.42-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY PINE STREET, WESTERN AVENUE, LAUREL STREET, AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Puzzello seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 43-11 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF ROSE ST. AND THREE ADJACENT ALLEYS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on July 25, 2011. Councilmember Puzzello seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 44-11 FIRST READING 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 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on July 25, 2011. Councilmember Puzzello seconded the motion which carried by a voice vote of six (6) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. 7 REGULAR MEETING JULY 11, 2011 NEW BUSINESS Councilmember Henry Davis wanted to know when redistricting would take place in the City of South Bend. Council Attorney Kathleen Cekanski-Farrand stated that it would be 2012 and that it is State Law that redistricting not take place during an election year. Councilmember Henry Davis stated that there is a plan for governments to partner together such as with other county’s to make their government buildings more energy efficient and green. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ADJOURNMENT There being no further business to come before the Council, Vice-President Oliver J. Davis adjourned the meeting at 7:22 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Oliver J. Davis, Vice-President 8