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HomeMy WebLinkAbout09-12-11 Common Council Meeting Minutes REGULAR MEETING SEPTEMBER 12, 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, September 12, 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 Timothy Rouse At-Large, Chairperson Committee of the Whole 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 August 22, 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 Oliver Davis made a motion that the minutes of the August 22, 2011 Meeting of the Council be accepted and placed on file. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no Special Business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember David Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Timothy Rouse, Chairperson, presiding. 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. 1 REGULAR MEETING SEPTEMBER 12, 2011 PUBLIC HEARINGS BILL NO. 42-11 PUBLIC HEARING 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 Councilmember Kirsits, Chairperson, Zoning & Annexation Committee reported that this committee met this afternoon on this bill and after hearing the pros and cons voted to send it to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Nayder advised that the petitioner is requesting a zone change from MU Mixed Use District and PUD Planned Unit Development District to PUD Planned Unit Development District to allow an off-site parking lot for the Ray and Joan Kroc Corps Community Center and for one off-premise advertising sign structure with two sign faces. On site is an existing off-premise advertising sign (billboard) at the southwest corner of the lot. The remainder is vacant land in the process of being cleared. To the north are single family homes zoned SF2 Single Family and Two Family District. To the east is a vacant lot zoned CB Community Business District. To the south is the Kroc Center zoned PUD Planned Unit Development. To the west across Laurel is the Elks Lodge zoned MU Mixed Use District. The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The site is just over an acre and will consist of 87 parking spaces and a relocated and updated off-premise advertising sign (billboard.) The sign will not have more than 300 square feet of face area and will not be more than 30 feet in height. Perimeter yard landscaping and interior off-street parking area landscaping (landscape islands) requirements are consistent with City of South Bend Zoning Ordinance, Section 21-07.01. The paved area will be 70%. The open space/landscaping will be 30%. There are no buildings. The eastern 182 feet was zoned PUD as part of the Kroc Center project. It received Final Site Plan approval on June 30, 2011. The expansion of the legal description and the addition of the off-premise sign as a use, required a new rezoning and site plan. Western has four lanes. Laurel has two lanes. Pine Street is an improved alley. Access to the parking area will be from both Laurel and Pine Streets. At the July 25, 2011, Common Council meeting, funds were approved to install a traffic signal at the intersection of Western and Laurel. Sewer and water connections will not be required for this site. The off-premise advertising sign currently on one of the lots, is a non-conforming use. The new sign retains the “V” shaped configuration, but on a modern support structure. This area has residential in the single family neighborhood to the north, plus the multi-family developments south of Western. Also in the neighborhood is a retail center, a church and the Ray and Joan Kroc Corps Community Center, currently under construction. The most desirable use involves developing land which has been vacant for some time, and at the same time, supporting the new community center. It is the staff’s opinion that, with the prescribed landscaping, nearby property values should not be adversely affected. The development of the parking lot will support the community center. Based on information available prior to the publc hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The parking lot will support the community center, which has the potential to increase the attraction of the area as a destination. The relocated 2 REGULAR MEETING SEPTEMBER 12, 2011 billboard will be further away from Laurel Street, have less of an impact to the neighborhood, and allow for a better usage of the parking lot. Mr. Burne Miller, Troyer Group, 550 Union Street, Mishawaka, Indiana, made the presentation for this bill on behalf of the Salvation Army and Burkhart Advertising. Mr. Miller advised that this a part of the overall Kroc Center Development. It is the final portion of it. He stated that they have worked together with Burkhart Advertising and the Salvation Army alongside City Engineering, City Development, and the Building Department, they have worked very closely with the City on this project to make this happen and are very excited about it. It brings forth a great opportunity for an improved parking area, better access for the parking lot, people to get out from and onto Laurel and then onto Western. He stated that they think it makes what needs to be done here happen in a much greater and more efficient way. He stated that he looks forward to the Council’s positive response. 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 individuals spoke in favor of this bill. Ms. Jacqueline Rucker, Board Chair, Salvation Army Advisory Committee, 217 S. Michigan Street, South Bend, Indiana. Ms. Rucker stated having this voted on favorable with help to ease the movement of vehicles in and out of the parking lot and would make it that much easier for the people who participate in the Kroc Center to be able to do the things that they really get there to do and not have to be hung up with traffic. She hoped that the Council would vote favorably on this bill. Ms. Angela Watson-Washington, Advisory Board Salvation Army, 1229 Echo Drive, South Bend, Indiana. Ms. Watson-Washington stated that she is in favor of this. She stated that she hopes the Council will vote favorable for it. She stated that they need the additional parking spaces for staff and for the additional patrons of the Kroc Center. There was no one present wishing to speak in opposition to this bill. Councilmember Henry Davis asked how far down Laurel Street will improvements be made. Will that street be widened or will it be at least the same size that it is right now or will it be decreased as far as the width. th Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that the conversations that he has had with the Kroc Center indicate that the adjacent pavement for Laurel and Pine near the parking lot will be resurfaced, that there will be new curbs and new sidewalk. He stated that he had indicated at the earlier meeting that if there was any gap in the scope of work there, the city would fill it with it’s concrete crew. The petitioner improving the public rights-of- way all around every edge of their parking lot and the reconfiguration of the billboard is about the most that you can ask of a petitioner to request them to go up and down Western or go further into the neighborhood would be beyond the scope of this project so, he thinks that they have done everything that the city could ask of them as a petitioner for rezoning and the city will need to do project that will build upon this. He stated the Councilmember White mentioned the church a block down, the Elks Club may want to participate in the city’s curb and walk program, where they would just need to help with the materials money and the city would do the labor and equipment so, this project is doing it’s share of the heavy lifting and the city will try and dove tail with it. 3 REGULAR MEETING SEPTEMBER 12, 2011 Councilmember Henry Davis stated that his question was not answered. He stated that he hates to be that person, because it always makes it sound like he is talking crazy or something. But he asked the question will Laurel Street be the same size it is because it was made mention at the last meeting and he didn’t even ask and is trying to figure it out. Will that street look the same as it does right now, is it going to be widened and how far down on Laurel are we going to go. Are we going to go down to Napier Street or stop short of Napier Street how does that street look because he sees a parking lot there and people are going to be going to Laurel or Pine Street, am I correct? So his question is about Laurel Street because that street is in real bad condition and he wants to know what that street is going to look like once we make these improvements. Mr. Gilot stated that it will be restored essentially as you see it. Councilmember Davis asked if it will be brick again. Mr. Gilot stated no. Mr. Gilot stated in terms of the configuration the cross section of the street the sidewalk, they are not going to widen the right-of-way, it’s not going to become a four lane road or anything like that its just a narrow street. It’s not a street reconstruction added travel lane project its to reconstruct what’s there. 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 Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 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 Oliver Davis made a motion to continue this bill until the October 10, 2011 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. BILL NO. 47-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 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 Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and after hearing the Pros and Cons voted to send it to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. 4 REGULAR MEETING SEPTEMBER 12, 2011 Ms. Nayder advised that the proposed bill was initiated by the Area Plan Commission. The purpose of this bill is to correct a number of scriveners erros in the recently adopted Ordinance No. 10094-11, and to include the ability for residential structures that are non- conforming in industrial districts, to add and/or expand accessory structures to the same development standards as is allowed in residential districts. 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 Dieter 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 nine (9) ayes. BILL NO. 56-11 PUBLIC HEARING ON A BILL FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 Councilmember Dieter made a motion to continue this bill until September 26, 2011 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 50-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER A PORTION OF FREDRICKSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE STATE OF INDIANA AND TO RESCIND ORDINANCE 10079-11 Councilmember Puzzello, Chairperson, PARCS 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 consideration. th Mr. Tom Bodnar, Assistant City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Bodnar advised that on March 24, 2011 the South Bend Common Council passed Ordinance No. 10079-11, which provided for the transfer of 0.086 acres of the northwesterly portion of Frederickson Park to the Indiana Department of Transportation in accordance with the Uniform Property or Easement Acquisition Offer made by that department. Since the, the Indiana Department of Transportation has rescinded that offer and made a new offer to purchase 0.037 acres from the northwesterly portion of Frederickson Park. Mr. Bodnar advised that the South Bend Board of Park Commissioners recommended this offer be accepted. Mr. Bodnar noted that the Common Council under I.C. 36-10-4-18, has the authority to authorize the sale of Park land. 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 Dieter 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 nine (9) ayes. 5 REGULAR MEETING SEPTEMBER 12, 2011 BILL NO. 51-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $280,080 WITHIN THE COMMUNITY AND ECONOMIC DEVELOPMENT FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM Councilmember Henry Davis, Vice-Chairperson, Community & 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. Ms. Pamela Meyer, Director, Community & Economic Development, 1200 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that the bill would appropriate $280,080 in renewal funding under the Shelter Plus Care Program (SPC). It has been requested by the Department of Housing and Urban Development (HUD), and agreed to by the City and Oaklawn that the three previously separate agreements for SPC be consolidated into one. The new grant IN0009C5H001003, $280,080, term: September 1, 2011 through August 31, 2012. Ms. Meyer advised that the City serves as a fiscal agent and recipient of funds for the eligible agency, as determined by HUD, to be the recipient of the SPC dollars. The funding allocated provides support for sponsor based rental assistance for housing severely mentally ill clients. The grant provides for assistance for 37 units. 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 Dieter 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 nine (9) ayes. BILL NO. 52-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS Councilmember Oliver Davis, Chairperson, Utilities 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. st Mr. Phillip Faccenda, Jr., 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill. 6 REGULAR MEETING SEPTEMBER 12, 2011 Mr. Faccenda advised that he is here tonight with Gary Gilot, Director of Public Works for the City of South who will described the projects that are set forth in the Bond Ordinance. The ordinance is a Sewage Bond Revenue Ordinance for bonds that are in the amount not to exceed $22 million dollars over a period of twenty (20) years. The issuance of the bonds is necessary as part of the City’s continued compliance with the EPA mandate on it’s control of the combined sewage overflow. He stated that there is no rate increase that goes in connection with bonds. He stated that there was an increase last year and a similar bonds ordinance and a set of projects that were done to control the combined sewer overflow, this is the second step in that process and there is no additional rate increase required. th Mr. Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that the scope of this bond in terms of project proceeds includes a project on Diamond Avenue that will extends where they are currently working on Phase I that goes from the River just north of Angela at Riverside and west to about Woodward. He stated that they will pick up from there with this funding and put a separate storm sewer along Diamond Avenue from Woodward to about Vassar. The second project is East Bank Sewer Separation continuation. There are a couple of projects actually in the East Bank. Portions of Niles and north of Cedar to fill a gap between the storm sewer on Corby and the storm sewer were are just not building on LaSalle. The third project area is just east of Bendix and north of Lincolnway West. He stated that this will carry separated storm water north to a gravel pit just south of Lathrop and just east of Bendix. The next project is Waste Water Treatment Plant improvement, so that they can handle wet weather solids, when there is a heavy rain we tend to get a flush of solid accumulation from in the pipes and that puts a burden on the anaerobic digestion process. There is a need to clean those tanks which are original equipment, there are four (4) tanks, two million gallons each, this scope of work will upgrade two of the primary anaerobic digestors, get rid of the accumulation of grit in the cone of the tank, change out the mixing systems which no longer function and improvement the process for the destruction of volatile organic solids so that they end up with a by-product that is useful for farm application, beneficial reuse of bio-solids is the green way that they process the residuals from the plant. He stated that they have a good pre-treatment program that removes heavy metals and mostly what is left in that bio-solid material is a nitrogen fertilizer that is valuable on crop land. He stated that in order to clean those tanks is about a million dollars, so when we do the cleaning and they really need cleaning now, we might as well get on with the rest of the improvements to the mixing systems and other process equipment. The last category is to do design plans and specifications for future projects under the CSO long term control plan. He stated that they have plans for these projects, but they would like to pick up the pace on design so that they can actually have firm contractor bids by the time the next revenue bond in the series is issued next year about this time. Councilmember Henry Davis stated that he keeps asking the same question over and over again, and is looking for an actual answer. When we are doing projects like this and they are as big as they are when we are switching over to a brand new administration, is it in our best interest as a Council or even as the Public Works Director to enter into these agreements not knowing when and how the new administration is going to take over, what their philosophy is and what there mission is. He understands that EPA has mandated regulations but there was a window to complete it. So, its not like it has to happen tomorrow, six months from now or maybe a year from now. Are we putting ourselves in a bad predicament or making it very difficult for the next administration to function based upon these agreements that we are making now. Mr. Gilot stated that he did not think so. He stated that the Council if following the plan, the Council approved rates that had four (4) steps and had a capital improvement plan associated with those four (4) steps and this is implementing that plan. Changes of Administration will happen over the next twenty (20) years but there needs to be continuity toward the implementation of that plan. He stated that they cannot change it every time there is change in the Mayor’s Office or the Council make-up. This is a series of projects that would be base lined to any program that the City would do in the future. These need to be done. 7 REGULAR MEETING SEPTEMBER 12, 2011 Councilmember Kirsits stated that he remembered going to some of those design things quite a few years ago. Moving from Vassar and Diamond Avenue towards Lincolnway West out there when will that come in the next year or two. Mr. Gilot stated that the design money will get the next phases all the way to Walnut and Euclid so that they can pick up the model cities area which was separated way back in the 1970’s but goes back into a combined sewer instead of making it all the way to the river, so some of this is completing plans that were began decades ago. Councilmember Kirsits asked if that is going to go straight up Diamond Avenue. Mr. Gilot stated yes most likely all the way on Diamond although there is the possibility if they get the railroad right-of-way from the abandoned spur line that parts of it might move over to there. But in the neighborhood meetings along Diamond Avenue, the overwhelming support from the citizens who lived there was even though it will be a very big, very deep pipe and they will lose all of the street, all the curbs, and all of the sidewalks in order to get that big deep pipe in the right-of-way of Diamond, they prefer that to get new infrastructure back and they understood there would be dust, dirt and disruption, but they really wanted the new infrastructure rather than have the City move the alignment over onto the railroad corridor over there. Councilmember Rouse thanked Mr. Gilot for his presentation. He stated that this is a $22 stndth million dollar project that is going to impact the 1, 2 and 4 Districts. This is a wide area that is going to benefit from this separation of storm sewers. Mr. Gilot stated yes it will effect the whole City. He stated that they have earlier provided what they had gotten done in the first 4 years as they wrapped up their rates and began doing early action projects and they outlined a plan for the next four (4) years and by the time they have completed this program every part of South Bend will benefit environmentally and in terms of public health will stop the basement back-ups of sewage and will put clean water in the river. 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 Dieter 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 nine (9) ayes. RISE AND REPORT Councilmember Henry Davis made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Timothy Rouse, Chairperson Committee of the Whole 8 REGULAR MEETING SEPTEMBER 12, 2011 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 7:31 p.m. President Derek Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10114-11A AN ORDINANCE 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 third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10115-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH 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 third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10116-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER A PORTION OF FREDRICKSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE STATE OF INDIANA AND TO RESCIND ORDINANCE 10079-11 This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10117-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $280,080 WITHIN THE COMMUNITY AND ECONOMIC DEVELOPMENT FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM 9 REGULAR MEETING SEPTEMBER 12, 2011 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Puzzzello seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10118-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 11-55 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND AT 1730 ALFTON COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL PROPERTY TAX ABATEMENT FOR BRANT L. AND LOUISA MARIA HESCH BILL NO. 11-56 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND AT 1833 ALFTON COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL PROPERTY TAX ABATEMENT FOR ROGER W. WILSON AND ALISON S. WILSON 10 REGULAR MEETING SEPTEMBER 12, 2011 BILL NO. 11-57 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND AT 1746 ALFTON COURT AND VACANT LAND AT 1810 ALFTON COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL PROPERTY TAX ABATEMENT FOR FOSTER CUSTOM HOMES Councilmember White made a motion to combine Bill Nos. 11-55; 11-56 and 11-57 for purpose of public hearing. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4119-11 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND AT 1730 ALFTON COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL PROPERTY TAX ABATEMENT FOR BRANT L. AND LOUISA MARIA HESCH WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known asVacant Land at 1730 Alfton Court , South Bend, Indiana, and which is more particularly described as follows: Lot number 28 as shown on the plat of Norawood Manor, recorded July 7, 2006 in the Office of the Recorder of St. Joseph County, Indiana as Instrument 0628791 and which has Key Number 023-1050-320110/ 71-09-31-456-027.000-002as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 3644-06 on September 25, 2006; and WHEREAS, the Petitioner will exceed the five year designation period granted in the Confirmatory resolution, which will expire on September 25, 2011; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. 11 REGULAR MEETING SEPTEMBER 12, 2011 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 Confirming Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for residential property tax abatement only and is now limited to six (6) 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 residential property tax deduction for a period of five (5) years. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council RESOLUTION NO. 4120-11 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND AT 1833 ALFTON COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL PROPERTY TAX ABATEMENT FOR ROGER W. WILSON AND ALISON S. WILSON WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known asVacant Land at 1833 Alfton Court , South Bend, Indiana, and which is more particularly described as follows: Lot number 35 as shown on the plat of Norawood Manor, recorded July 7, 2006 in the Office of the Recorder of St. Joseph County, Indiana as Instrument 0628791 and which has Key Number Pt 023-1050-3201as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 3644-06 on September 25, 2006; and 12 REGULAR MEETING SEPTEMBER 12, 2011 WHEREAS, the Petitioner will exceed the five year designation period granted in the Confirmatory resolution, which will expire on September 25, 2011; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. 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 Confirming Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for residential property tax abatement only and is now limited to six (6) 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 residential property tax deduction for a period of five (5) years. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council RESOLUTION NO. 4121-11 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND AT 1746 ALFTON COURT AND VACANT LAND AT 1810 ALFTON COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL PROPERTY TAX ABATEMENT FOR FOSTER CUSTOM HOMES WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known asVacant Land at 1746 Alfton Court and Vacant Land at 1810 Alfton Court, South Bend, Indiana, and which is more particularly described as follows: Lot number 30 as shown on the plat of Norawood Manor, recorded July 7, 2006 in the Office of the Recorder of St. Joseph County, Indiana as Instrument 0628791 and which has Key Number 023-1050-320112/71-09-31-456-025.000-002 and Lot number 31, as shown on the plat of Norawood Manor, recorded July 7, 2006 in the Office of the Recorder of St. Joseph County, Indiana as Instrument 0628791 and which has Key number 023-1050-320113/71-09-31-456-024.000-002as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and 13 REGULAR MEETING SEPTEMBER 12, 2011 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 an economic revitalization area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 3644-06 on September 25, 2006; and WHEREAS, the Petitioner will exceed the five year designation period granted in the Confirmatory resolution, which will expire on September 25, 2011; and WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. 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 Confirming 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 now limited to six (6) 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 residential property tax deduction for a period of five (5) years. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for these bills. Mr. Feeney advised that he is representing the three petitioners, Foster Custom Homes; Roger & Alison Wilson and Brant & Louisa Maria Hesch. He stated that they are requesting an extension of the designation period for a five year residential property tax abatement granted to Rojo Development, Inc., Norawood Manor through Resolution No. 3644-06 adopted September 25, 2006. The designation period granted to Rojo Development was five years and due to expire on September 25, 2011. Subsequent to receiving the designation, Rojo Development sold the four vacant lots ot the three petitioners. The extension request is for one year making the total designation six years. The extension request is due to a delay in the anticipated construction due to the economy and the depressed market for residential construction. A Public Hearing was held on the Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Rouse made a motion to adopt Bill No. 11-55. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Rouse made a motion to adopt Bill No. 11-56. Councilmember Henry Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 14 REGULAR MEETING SEPTEMBER 12, 2011 Councilmember Rouse made a motion to adopt Bill No. 11-57. Councilmember Henry Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO.57-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 120 WEST POKAGON STREET, SOUTH BEND, INDIANA, 46617, COUNCILMANIC DISTRICT ONE (1) IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to accept the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to send this substitute bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 58-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 717 EAST LASALLE STREET, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 59-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $95,000 FROM GENERAL FUND #101 TO PURCHASE AND SPECIALLY EQUIP FOUR (4) POLICE VEHICLES This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on September 26, 2011. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 60-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $400,000 FROM SEWAGE WORKS CAPITAL FUND #642 FOR ENGINEERING EXPENSE ON THE PRIMARY CLARIFIER REHABILITATION PROJECT This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on September 26, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 15 REGULAR MEETING SEPTEMBER 12, 2011 BILL NO. 61-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $1,498,700 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR INFRASTRUCTURE INVESTMENT This bill had first reading. Councilmember Rouse 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 September 26, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 11-54 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 815 OLIVER PLOW COURT (PROPOSED ADDRESS)* AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN 7 YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION/OLIVER PLOW PARTNERS, LP Councilmember Oliver Davis made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on September 26, 2011. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) 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. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:44 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 16