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HomeMy WebLinkAbout11-14-11 Common Council Meeting Minutes REGULAR MEETING NOVEMBER 14, 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, November 14, 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 October 24, 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 October 24, 2011 Meeting of the Council be accepted and placed on file. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF MEETING DATE FOR DECEMBER 2011 Council President Derek Dieter advised that the Common Council will hold one (1) meeting next month, December 12, 2011 at 7:00 p.m. RESOLUTION NO. 4125-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO HELP RAISE GREATER AWARENESS OF CHILD ABUSE AND NEGLECT AND TO URGE THE SUPPORT OF THE PUBLIC TO GET INVOLVED IN PREVENTING CHILD ABUSE AND NEGLECT IN OUR COMMUNITY 1 REGULAR MEETING NOVEMBER 14, 2011 , Whereas nationally, a report of child abuse is made every ten (10) seconds with almost five (5) children a day losing their lives each day; and the rate of child abuse being estimated to be three (3) times greater than what is reported; and Whereas, in Indiana, thirty-eight (38) children died as a result of child abuse or neglect in 2009, with 89% of the children who died from abuse or neglect being 5 years of age or younger and 68% of the children were under the age of 2 years of age; and , Whereas recent news reports at the local and national levels show the very dire state of affairs involving child abuse and neglect cases; with Indiana reporting that more than 105,000 reports of child abuse and neglect are taken on average each year; and Whereas, such alarming facts underline the urgent need for any person who has reason to believe that a child is a victim of child abuse or neglect make a report to any of the following agencies: Child Abuse Hotline 1-800-800-5556 South Bend Police Department 574-235-9201 St. Joseph County Police Department 574-235-9611 Mishawaka Police Department 574-258-1678 with Indiana Code § 31-33-5-1 setting forth the “duty to report” requirements. The State of Indiana’s current website reports that at least one (1) child dies each week of unsafe environments; and , Whereas child abuse or neglect refers to a child who is alleged to be in need of services (CHINS) with the governing Indiana state law being set forth at Indiana Code § 31-34-1; and , Whereas there is nothing in the Juvenile Code which limits the right of a person to use reasonable corporal punishment when disciplining a child if the person is the parent, guardian or custodian of the child; and , Whereas any person, other than the accused, who makes a report of child abuse or neglect is immune from criminal or civil liability unless that person acted maliciously or in bad faith; and , Whereas there are many programs and agencies working hard to prevent child abuse and neglect in our community, some of which include:  Prevent Child Abuse St Joseph County (PCASJC), who has been a part of St Joseph County since 1993 and in 2009 joined the family of affiliates at Family & Children’s Center who is dedicated to “strengthening the emotional and behavioral health of the communities”; who joined with the mentors at Washington High School to address child abuse and neglect in their health classes resulting in more than 20 students working with WSBT Radio Group to produce Public Service Announcements [Email: contact@pcasjc.org and website: http://www.pcasjc.org]  The Casie Center – A Child Advocacy Center Serving the Needs of Children and Families of St. Joseph County, Indiana [912 E. LaSalle Avenue, Suite 100, South Bend, IN 282-1414; thecasiecenter@gmail.com]  Special Victims Unit (SVU) of the St. Joseph County Prosecutor’s Office which was originally established in 1996 as the S.T.O.P. Unit and renamed and expanded in 2003 to be a multi-jurisdictional, multi-disciplinary collaboration in investigation and prosecution [Family Justice Center of St. Joseph Count (FJC), 711 E. Colfax, South Bend; 235-7818] 2 REGULAR MEETING NOVEMBER 14, 2011 and many other organizations such as Healthy Families St. Joseph County, CASA of St. Joseph County, and for over a decade programs like “RoofSit” where U93 donates an entire week of air time and broadcasts from the roof of Martin’s Supermarket to help educate the community and raise financial donations for the prevention of child abuse. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, believes that our community must rededicate our efforts to prevent child abuse and neglect. Section II. The Common Council urges all persons to work with agencies who are dedicating their efforts to prevent child abuse and neglect; and with the adoption of this Resolution the Council wishes to heighten the public awareness that child abuse and neglect will NOT be tolerated in our community. 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/Henry Davis Member of the Common Council Councilmember Henry Davis, Jr., 5117 Idlewood Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Jennifer Pickering, Prevent Child Abuse St. Joseph County. A Public Hearing was held on the Resolution at this time. Jennifer Pickering, 315 W. Jefferson Blvd., South Bend, Indiana, thanked Councilmember Henry Davis and the entire Council for bringing this Resolution to the table. She stated that they do believe that they can try to prevent all child abuse and is their intention. She advised that last year there were almost 5,000 reports of abuse or neglect made in St. Joseph County. She stated that they have seen a decrease in physical abuse reports but have seen neglect go up, and these are reports from 2009, so they anticipate these reports will go up in the future with the state of the economy. So things that the Council do is to support programs like food pantries or other organizations that are providing clothing assistance, heating assistance to families. Also, safe affordable housing is available for families. She stated that the Council could further assist by making sure that we are currently enforcing the laws on the books by working with law enforcement and the prosecutors to hold abusers accountable for their actions. She stated that they must support community resources and programs serving families such as after school programs and summer programs for children. The Council can further help by assuring funding decisions that are currently being made in Indianapolis not affecting the quality of care in St. Joseph County. Recently the Department of Child Services returned $104 million dollars to the State General Fund reporting that they did not need those funds in that calendar year. At the same time they have been looking at reducing services reducing residential stays and reducing stays in foster care, so they just want to make sure that as we are making choices for our children, it is driven by their needs and not by costs. Ms. Pickering reiterated that the Council can do just what they are doing tonight making sure that everybody knows that they do have a duty to report and sincerely hope that this call to action will bring about change in this community. There was no one else present wishing to speak to the Council in favor or in opposition to this Resolution. Additionally, Councilmember Oliver Davis offered his comments and made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. 3 REGULAR MEETING NOVEMBER 14, 2011 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:12 p.m. Councilmember White 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. PUBLIC HEARINGS BILL NO. 34-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3500 BLOCK OF EAST MCKINLEY AVENUE AND 600 BLOCK OF HICKORY ROAD, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to hear the substitute version of this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with no recommendation. th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from CB Community Business District to PUD Planned Unit Development District to allow commercial, single family, multi-family and self storage. She stated that both parcels currently are undeveloped. The McKinley Avenue site has an access drive to the former Steve & Barry’s building. To the north of both parcels are single family homes zoned SF1Single Family and Two Family District. To the east of the McKinley parcel are two single family homes, a cell phone tower site, a dentist office, the Elks Club, and the vacant Steve & Barry’s store zoned CB Community Business District. To the east of the Hickory parcel is the Town & Country shopping center in Mishawaka. To the south of the McKinley parcel are single family homes zoned SF1 Single Family and Two Family District. To the south of the Hickory parcel is the site of a proposed Dollar General, and two multi-tenant retail centers zoned CB Community Business. To the west of the McKinley parcel are single family homes zoned SF1 Single Family and Two Family District. To the west of the Hickory parcel is the vacant Steve & Barry’s store parking lot zoned CB Community Business District. The Planned United 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 McKinley parcel is 15.6 acres. The Hickory parcel is .75 acres. The developer proposes three phases. Phase 1, the northern 364’ of the McKinley parcel, is proposed for self-storage units in addition to uses allowed in the Phases 2 & 3. The buffering of Phase I from the 4 REGULAR MEETING NOVEMBER 14, 2011 adjacent residential includes a 6; high solid wood privacy fence and 14 evergreen trees. There is also a landscaping area to the south of Phase I. Phase 2, the remainder of the McKinley parcel, proposes uses allowed in the CB, SF1, SF2, MF1 and MF2 districts. The residential districts have been defined with a maximum number of units per acre/ Single family would be developed at between 5 and 10 units per acre and multifamily would have a maximum of 30 units per acre. Phase 3, the entire Hickory parcel, proposes uses allowed in the CB, MF1 and MF2 districts. There will be one sign on McKinley and one sign on Hickory according to the standards for integrated centers – freestanding identification signs. The percentage of open space if 15%. All other standards shall comply with the current South Bend Zoning Ordinance. Prior to the adoption of the latest zoning ordinance in 2004, the site was zoned B Multifamily and C Commercial. In 2008, the McKinley parcel was petitioned to be rezoned to MF2 for multi-family dwellings. The Area Plan Commission sent the petition to the Common Council with an unfavorable recommendation. The petition was tabled indefinitely before the Common Council. Both McKinley Avenue and Hickory Road have four lanes. Access will be from existing curb cuts along McKinley Avenue and Hickory Road. A new curb cut is proposed on McKinley Avenue, subject to approval by the City Engineer. In 2007, there was a “declaration of reciprocal easements” recorded as the result of the McKinley Hickory Minor Subdivision. These easements are for access, parking and utilities. Ms. Nayder advised that the most desirable uses for this property are ones that compliment the high density and commercial uses adjacent to this site. The commercial property values to the east should not be affected by the rezoning. The surrounding residential property values may be affected by the rezoning. It is responsible development and growth to accommodate appropriate and compatible responsible infill development on an underutilized property. Ms. Nayder stated that based on information available prior to the public hearing the staff recommend this petition be sent to the Common Council with a favorable recommendation subject to a final site plan showing the following: 1. The addition of 7 evergreens for a total of 21, along the north and west property lines of Phase 1, meeting the requirements of Table 21-07.01-B: Minimum Size at Time of Planting, 2. The landscaping area on the south line of Phase I needs to conform to the South end Zoning Ordinance based on the type of uses ultimately developed in Phase 2, 3. The height of the multifamily buildings be limited to 40’ or 3 stores, and 4. If Phase 2 develops as multifamily, landscaping along the west property line, must at a minimum, meet the Type A: Open requirements as defined in the South Bend Zoning Ordinance, with the possible addition of evergreens trees. This PUD allows the property to be developed with multiple options. If the property develops at a higher residential density, it would serve as a buffer between the commercial development to the east and the residential area to the west. Additional landscaping on the west, and reducing the height of the buildings, will further buffer the adjacent single family. If the property develops commercially, the resulting development would be the same as if it were developed under the present zoning Additional landscaping on the north and west of Phase I will further buffer the self storage units from the adjacent single family homes. The Staff would not normally support a PUD with such a wide range of uses on a relatively small parcel. However the Staff recognizes the difficulty of developing an infill property such as this one. The development must still be sensitive to the existing residential neighborhood to the west and across McKinley to the south, hence the additional recommendations relative to the screening, landscaping and height restrictions. Councilmember Oliver Davis asked if the Petitioner was in agreement to the commitments. Ms. Nayder advised that at the committee meeting this afternoon the petitioner stated that he was willing to meet those commitments. Councilmember Oliver Davis asked if those commitments were recommended by the staff. Ms. Nayder stated yes, by the staff. 5 REGULAR MEETING NOVEMBER 14, 2011 Mr. Frank Perri, residing at 234 S. Coquillard, South Bend, Indiana, d/b/a Earth Designs Real Estate, LLC, 3617 E. McKinley, South Bend, Indiana, made the presentation for this bill. Mr. Perri advised that he has been involved trying to acquire and develop this parcel for approximately nine (9) years. Previous to his current ownership which took place approximately three (3) years ago, was involved in trying to purchase the property from the former owner of the Target store. He stated that it was a Canadian owned company. Mr. Perri stated that he came close to a deal but didn’t quite make one. At that time it would have been the entire twenty-five (25) acres and they would have been before the City Council with a similar type of PUD, only more expansive in the fact that they would have twenty-six (26) acres and they would have had to had some re-designs and reuse for the current 120,000 square foot building that sits on the site. He stated that there have been a lot of market conditions since purchasing the property. He stated that when he had taken ownership, the tenant Steve & Barry’s was a viable business. Since that time they vacated and the company has since gone under and unfortunately the property has seen a lot of vandalism, tagging and theft. He stated that it is unfortunate, but it is what happens when you have a deteriorating condition. He stated that he has been unable to attract the kind of infrastructure investment from the City of South Bend necessary to do what he would really like to do which is a large residential development, probably mixed types, single-family and multi-family uses. Mr. Perri stated that after purchasing the property it has a CB zoning, Community Business. Community Business zoning has been in place since 2004, and prior to that it had both a commercial zoning and a multi- family zoning so it does have history for a multi-family and commercial both on this site. He stated that he believed developing it as a commercial site would be more detrimental to the neighborhood than in fact most of the plans that he is presenting tonight under the single-family and multi-family uses. He stated that he could put the property closer to the neighbors and could build as high as 50’. He stated that he feels that would be detrimental and his intent is not to be detrimental; his intent is to develop market rate product as well as his can to meet the market needs. He did a market analysis of the surrounding properties of both the commercial and residential properties and unfortunately we are in a bit of a declining market. Now that is partially due to current market conditions but as a backdrop that has been one of the difficulties that he has had in trying to attract capital to the site. He stated that he needs the PUD zoning because he has to have flexibility in design. The flexibility allows him to do a number of different development types, such as mixed single family maybe with some duplexes; and some multi-family. That will allow for greater market desirability and possibly a feasible plan of investment. Mr. Perri stated that even in the best of circumstances, larger parcels of this type are difficult to develop in just one plan, one concept. A plan quite often cannot be fifteen acres in size which is very large. He stated that he is going to anticipate and plan to do this over a number of phases. Mr. Perri stated that Ms. Nayder mentioned that it would be done in three (3) phases. He stated that his hope is to do it over a course of five years, it could take longer. He stated that he doesn’t want to mislead anyone into believing that this is a short term fix. Mr. Perri stated that he does believe that he can attract capital in one of two major areas that have shown interest those being self-storage units and in the senior housing multi-family part of the plan. Mr. Perri stated that there has been interest in those and is currently working on those. He stated that he has had five concept plans presented prior and they all represent what could have been uses for the property based on a plan if not for some of the economics and some of the markets conditions. He stated that some of the most viable one is one that could have been a single duplex development which would have required the City of South Bend to invest some $975,000 in order to build infrastructure, water, sewer and curbs. He stated that however, financing being what they are and he certainly understands that, it is not available to any properties that aren’t in TIF areas. This property is not in a TIF area. That plan had a lot of attention from local builders and they still continue to be in contact with them over the hope that they may still one day put in that mix of single and duplex properties. Mr. Perri noted that he has also shown site plans that show the current storage in combination with some single and duplex housing. He stated that is his current focus to try and bring in some development money into this project. Mr. Perri noted that when fully built out, the investment would range from 10-15 million dollars. He stated that he 6 REGULAR MEETING NOVEMBER 14, 2011 used a series of assumptions of different product types which is again why he is asking for the PUD. He stated that the project would generate annual estimated income tax between $250,000 – 400,000 dollars, and create a lot of jobs. Create construction jobs and will create permanent jobs. He stated that he believes that it will be good for the community and especially good for the surrounding neighborhood, it will also help improve values. Mr. Perri stated that basically what he is asking tonight is to infuse much needed investment into the City of South Bend. He stated that this is a fairly large infill tract, very difficult to develop. He stated that the Area Plan Commission Staff in their report stated that it was very difficult to develop and stated that a PUD were designed to allow this kind of flexibility and creativity. Mr. Perri noted his track record in the business, he stated that he has been before the Council a lot with PUD’s, single developments, changes of use, changes of zoning over the years. He state that he does not intend to let the neighbors down, nor the Council down in pursuing respectable and fundamentally strong growth. He stated that the reality of the current market command that he do a PUD for this development and that is why he is here tonight. He stated that he believes it would be a great thing for the east side on a site that has never had any development nor any interest in development because the former owner was really out of town and in fact out of country who had no interest in developing this site back in the days when you could say a much more viable commercial market in that neighborhood. Mr. Perri asked the Council for a chance and approve this PUD to allow him to put into use several uses which would complement each other and would allow much needed tax revenue to flow back into the City. Councilmember Kirsits asked Mr. Perri if he was able to meet with the neighbors. Mr. Perri stated that he did. He met with the Bercliff Estate neighbors and they had a nice meeting. He stated that they met at a building that he owns the former Key Bank Building, in the 3600 block of McKinley. He stated that from what he could gather at the meeting that the primary objection was the multi-family zoning. However, he stated that he has been in this business over 30 years and can’t say too often that he has ever had the neighbors really in favor of a plan or development of this type. He stated that it is in fact kind of hard to want to have additional traffic because there is going to be some, additional people and additional businesses with what goes on in a business. He stated that the neighbors were very cordial they just don’t see eye to eye. He stated that he did not meet with the McKinley Terrance neighbors because he did not know who to meet with. However, he did meet with the home owner adjacent on the corner. Councilmember Oliver Davis asked Mr. Perri about the success of his tract record and asked him to share more about that and his commitment to this community. Mr. Perri stated that he was born and raised here and still lives here. He stated that he lives abut two miles from the site. He stated that he has been involved over 30 years in real estate and it has been his only career. He stated that he has been involved in development of over 40 projects in way, form or fashion. He stated that he has been the major partner/developer of a dozen of those 40 projects. They range from office buildings to industrial buildings. He stated that he was even involved in a former large PUD on the out skirts of town, Portage Prairie. He stated that he has done some development in Mishawaka, but out of all the investment that he has done probably 90% of it has been in the City of South Bend. Mr. Perri stated that this is not the first project he has done and God willing it won’t be his last. Mr. Perri stated that he has other investments in the city and just recently acquired a large parcel which is a very important parcel in the City of South Bend and hopes to develop that and may be back before the Council for some assistance on that. He stated that he is not going to run after spending his entire life here. This is where he is and this is who he is and asked the Council to take that into consideration. He stated that sometimes developers can give other developers a black eye. He stated that they are capitalists and that’s what they do, they do it for a profit. He stated that he has been involved in civic organizations in this community. He stated that he has been involved in his development practices and is committed to the community and hopes that stands for something today. 7 REGULAR MEETING NOVEMBER 14, 2011 Councilmember Rouse asked Mr. Perri if one of the problems with trying to get this piece of property developed is because that it is not in a TIF District. Mr. Perri stated no, that there have not been any problems. He stated in fact the TIF laws have changed quite drastically over the last few years. He stated that now the procedure is totally different and could not speak to it. He stated that it is much more difficult, it has to go down state first. He stated that the State of Indiana has changed the rules to make it very difficult. Mr. Perri noted that he did not control the property prior to the TIF laws changing. Council Attorney Kathleen Cekanski-Farrand advised that at the Committee Meeting Mr. Perri verified that he would be willing to incorporate the four (4) written commitments. Mr. Perri stated that he was willing to incorporate the four (4) written commitments. Council Attorney Kathleen Cekanski-Farrand asked if he would be willing to agree to the amendment to the substitute bill. Mr. Perri stated yes he is. Council Attorney Kathleen Cekanski-Farrand state that she would like to amend Section III., by adding a new sentence at the very end of that section which would read: This ordinance shall be subject to the written commitments outlined in the Area Plan Commission’s staff report on page 3 where four (4) items addressing screening, landscaping, and height restrictions are set forth. Councilmember Oliver Davis made a motion to accept the amendment as read by Council Attorney Kathleen Cekanski-Farrand. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. th Gary King, 730 N. Hill Street, South Indiana, stated that he is a resident of the 4 District. Mr. King stated that he has lived in St. Joseph County since about 1974 or 1975. He stated that they first moved north of Mishawaka when this area was still a Target Store and wonder ever since why there was nothing around there. He stated that it looks like it was set up to have more around there. He stated that it is not being used to its full potential. It is not like a park where children could play, a football stadium where people enjoy a game, its just there and it needs some development. He stated that it needs to type of development that Mr. Perri is proposing is the exactly what would fit into that area. He stated that Mr. Perri lives less than two miles from the proposed development, so in fact he is one of the neighbors. He stated that he feels that they can trust one of their neighbors way more than they can trust someone from Canada or Chicago or anywhere else. Mr. King stated that Mr. Perri is committed to making sure that project works and it succeeds. Mr. King stated that people will remonstrate because there will be more people and traffic. Mr. King reminded the Council that South Bend was called a dying city because of the decline in population especially young people between the ages of 18-30. He stated one of the reasons is because it is difficult to buy a home when you are starting out in a career. He stated that they need apartments. He stated that Mr. Perri also proposes senior living which is a good use. They will have close access to shopping, doctor’s offices it’s a good place to have this type of development. People should not be afraid that there might be more people in the neighborhood, people should not be afraid that there might be more traffic at certain times of the day, that is why invented traffic lights and stop signs so you can regulate the traffic flow. He stated that they can put the driveways so that ingress/egress are smooth. He stated that this is our chance to put some property into the community where people can enjoy it and succeed and generate a little 8 REGULAR MEETING NOVEMBER 14, 2011 bit more tax revenue to help support the rest of the city’s activities. Mr. King strongly urged the Council to approve this bill. Mr. Jesse Davis, 1331 E. Calvert, South Bend, Indiana, stated that he has lived in this area for 47 years and used to shop at the Target Store and shopped at the Steve & Barry’s Store. He stated that what has been said about site prior is true and has been rough looking for a lot of years. Since Steve & Barry’s moved out there have been a lot of abandoned cars, windows broken out of the store, vandalism, and tagging. He stated that with the economy where it is at all the struggling the cities have had including South Bend, we need to promote business growth. He stated that they need promote some things that are going to make the city grow. 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 substitute bill as amended. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of six (6) ayes and three (3) nays (Councilmember’s LaFountain, Puzzello, Kirsits.). BILL NO. 58-11 PUBLIC HEARING 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 Councilmember Dieter made a motion to continue this bill until the December 12, 2011 meeting of the Council at the request of the petitioner. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 65-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $250,000 FOR MAINTENANCE OF ALONZO WATSON PEDESTRIAN BRIDGE TRAVERSING CHAPIN AVENUE IN THE CITY OF SOUTH BEND IN 2011 Councilmember LaFountain, Chairperson, Personnel & Finance Committee reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill 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 advised that after further discussion with the Council, community leaders and citizen groups, concerning the matter of the disposition of the Alonzo Watson Pedestrian Bridge traversing Chapin Street he is in support of the appropriation of $250,000 to allow for the required maintenance expense necessary to return the structure to a safe and stable condition. These repairs would enable the use of the bridge by pedestrians crossing Chapin Street. Mayor Luecke noted that the repairs would be to repair the steel deck and end bearing, restore the walking surface, paint removal and painting of bridge, bridge coating on spiral approaches, prep and paint hand rails and fence posts, and replace fence fabric. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Oliver Davis asked Gary Gilot, Director of Public Works, how many vehicles travel Chapin Street and Western Avenue. 9 REGULAR MEETING NOVEMBER 14, 2011 th Mr. Gary Gilot, Director of Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that 6,000 cars travel on Chapin Street and 13,000 cars travel on Western Avenue. Councilmember Dieter asked Mr. Gilot about traffic counts in other areas such as Michigan Street and Main Street. Mr. Gilot advised that there are approximately 200 signalized intersections and this intersection is in the top 30. Mayor Luecke advised that this bill is appropriate in maintaining the bridge and providing a safe crossing across Chapin Street. Councilmember Oliver Davis stated that he would like to see upkeep on the bridge in the future. Mayor Luecke stated that the Kroc Center and Housing Authority have offered to help shovel snow during the winter. Oliver Davis asked about ADA requirements. Mayor Luecke stated that if one of the approach ramps was crumbling and needed to replace that approach ramp, then that new ramp would have to meet ADA specifications. He stated that maintenance does not trigger that requirement. Councilmember Oliver Davis asked Council Attorney Kathleen Cekanski-Farrand if she was aware of the case that was given in the committee meeting. Council Attorney Kathleen Cekanski-Farrand stated yes she was aware of the case; it took place in 2001 in the City of Indianapolis. The following individuals spoke in favor of this bill: Ms. Angela Watson-Washington, 1229 Echo Drive, South Bend, Indiana, stated that she is speaking in favor of the pedestrian bridge. She stated that the bridge has three specific points to keep in mind. She stated first the safety measure, in addition to the improvements that were made at the intersection of Western and Chapin. There is an historic value, as a life time member of South Bend that bridge has been there almost as long as she is old. She stated that there are some sociological benefits that she wants the Council to consider for the community for the area residents and for the future patrons of the Kroc Center. She stated that the bridge also visually represents a connection to new opportunities that the Kroc Center is going to offer. She urged the Council to vote favorably on this bill. Ms. Gladys Muhammad, 808 N. Ironwood Drive, South Bend, Indiana, thanked Council Member Henry Davis, Jr. for putting children first today. She stated that she is speaking in favor of repairing the bridge. She stated that she wishes it would be a brand new one, but will settle for repairing the existing bridge. She stated that she feels “it is going nowhere to somewhere.” She stated that it is a bridge out of poverty, and an opportunity for the children in public housing to cross over that bridge and go to the Kroc Center to have those benefits that others in the community have often been entitled to. She stated that it is the difference between open swim and swim lessons. She urged the Council’s favorable consideration. Mr. Randall Byrd, 425 Alonzo Watson Drive, South Bend, Indiana, stated that he is in favor of this bill because it will allow for safe pedestrian crossing to the Kroc Center. He stated that the bridge will get a lot of use. He urged the Council to vote in favor of this bill. 10 REGULAR MEETING NOVEMBER 14, 2011 Mr. Tony Trinca, 139 Camden Street, South Bend, Indiana, stated that there was talk when the Kroc Center was first introduce that the bridge would be torn down and replaced. He stated that idea got scrapped because of cost. He stated that the $250,000 is a deal to maintain the existing bridge. He asked the Council for their favorable consideration. Ms. Valerie Daniels-Houston, 205 Sadie Street, South Bend, Indiana, stated that she spends a lot of time in the housing apartments across from the Kroc Center and she knows how children cross that street. She stated that $250,000 seems like an awful lot of money just to do repairs, however, she agrees on providing a safe crossing for the children that will be taking advantage of the programs that the Kroc Center will be providing. She stated that she has seen children run across Western Avenue to get to the Save-A-Lot Grocery store. She urged the Council to vote in favor of this bill. Ms. Marva Leonard-Dent, residing at 5206 Hazelwood Ct., South Bend, Indiana, business address, 501 Alonzo Watson Drive, South Bend, Indiana, stated that it is truly humbling and a blessing to be in the Council Chambers tonight. She stated that she had not been in the room for over 20 years when she worked in the City Attorney’s Office. She stated that some of the faces are the same like Kathy, John and Mary Beth and it is good to see everyone again. Ms. Dent stated that she has filed with the Office of the City Clerk a petition of approximately 140 signatures of people who came to a meeting that the Housing Authority held in favor of this bill. Ms. Dent stated that she stands humbly and with much respect in duel roles in support of this bill. She noted that as the Executive Director of the Housing Authority. The Housing Authority owns and manages over 800 properties and administers about 2100 vouchers. She stated that those properties are scattered over 9 developments and hundreds of single family homes. Five (5) of those 9 (9) housing developments are located at the intersection of Western Avenue, Chapin Street and Laurel Ct. She stated that many times it has been said that the bridge is symbolic and just being a monument. She stated that the bridge was built in 1968, a traumatic year for the United States, the Vietnam War, the assassination of Robert F. Kennedy and the assassination of Martin Luther King, Jr., and the chaos of the Democratic Convention in Chicago. She stated that two African American Athletes raising a clinched fist during the playing of the National Anthem at the Olympic Games and ending the year with the Man’s First Flight to the Moon, Apollo 8. She stated that it was in 1968 that the South Bend Redevelopment Commission took the extra ordinary step of symbolically and physically linking the west side of the city with the rest of the city with the Chapin Street Pedestrian Bridge. While initially this area remained neglected offering little more than a bridge to an empty lot, eventually improvements were made and provided piece of mind to parents of over 400 low income families living within a minutes walk of the bridge assuring that the children would have safe crossing. She stated that she knows this for a fact, because in 1963, she was one of those children who would run across Chapin Street because there wasn’t any bridge. She stated that she was at Monroe Circle when she would run through the area to get to the park and Laurel Ct. She stated that Mr. Alonzo Watson began his career at the Housing Authority striving for his dream that one day families of all incomes would have the same opportunity to reach for their dreams in this City. She stated that the Park Department, and the Common Council agreed by virtue of naming that park after Mr. Watson. Then along came the Kroc Center, and the naming of Alonzo Watson Drive. Ms. Dent stated that the bridge, the Housing Authority, Al Watson and Joan Kroc is a symbolism is an understatement. She stated that exactly what the bridge was originally built for and what it needs to stay for still exists. Looking daily at what a treasure the Kroc Center is becoming and knowing that it will be for the rest of her life and the life of children and their families at the Housing Authority, we need to nurture the dreams of thousands that come across the doors as Gladys Muhammad, one of the Directors at the South Bend Housing Authority said that this is opening up the doors of opportunity. It is opening the doors of the future, opening the doors of all kinds of opportunities and we need to bridge that gap. She urged the Council to vote favorable on this bill. 11 REGULAR MEETING NOVEMBER 14, 2011 Mr. Raphael Morton, 325 N. Studebaker, South Bend, Indiana, stated that he is speaking as the Chairperson, of the St. Joseph County Housing Authority and as the President of the St. Joseph County Council. Mr. Morton stated that he is fully aware of the task and challenge before the Council tonight. Mr. Morton reiterated as Ms. Dent stated earlier that there is significance to existence and need to maintain and preserve the Chapin Street pedestrian bridge. However, he stated that he must share that he has gained a greater appreciation for and perspective about the value of this bridge. Particularly given the construction of the Kroc Center and the overall aesthetic of the area and opportunities currently existing that are underway in the area, such as Ignition Park, and also because Chapin and Western are two of our main thoroughfares in the city. For historical reasons alone he would be adamant about the City retaining and repairing the bridge. Mr. Morton stated that after attending the meeting at the Housing Authority and hearing the many residents speak so passionately about retaining the bridge and seeing the value and a need for the bridge. He stated that with the Kroc Center opening they definitely will use the bridge. Mr. Morton advised that the Board is in full support of this bill. He urged the Council to vote in favor of this bill. The following individuals spoke in opposition to this bill. Mr. Jesse Davis, 1333 S. Calvert Street, South Bend, Indiana, stated that he is opposed to this bill because he just doesn’t seen anyone using this bridge very much. He questioned why the bridge wasn’t maintained over the years prior to the Kroc Center being built. He also sees the project at the Kroc Center not much different than the project for St. Joseph High School. Mr. Darryl McKinney, 501 Alonzo Watson Drive, Apt. 304, South Bend, Indiana, stated that he is opposed to just fixing up the bridge. He stated that if the City truly believes that this bridge is in the best interest of the children who live in public housing then a new bridge should be constructed for their safety. In rebuttal, Mayor Luecke stated that the bridge is structurally sound. This bill would allow for the appropriate maintenance. Mayor Luecke asked the Council for their favorable consideration. Councilmember Dieter asked if bids were taken. Mayor Luecke advised that they have not taken bids. He stated that Public Works Director Gary Gilot and City Engineer Carl Littell sought outside expertise. He stated that they have estimates from professional engineer, Rick Keller. He stated that they took those estimates and added 20%. Councilmember Rouse asked how much money has been spent at this site. Mayor Lucked advised that with the donation of the land, the improvements at the Chapin & Western intersection, the Western & Laurel intersection, the donation to the Kroc Center, approximately 2 million dollars. Councilmember Henry Davis stated that he pledges his support for the pedestrian bridge; however, he has concerns about the traffic patterns and street restrictions. He stated that he fears people won’t use this intersection because it is going to be so heavily congested due to the change in traffic patterns and street restrictions. He stated that he has battled for the last 2 years on communication with the administration for the development of this nd intersection. Councilmember Henry Davis stated that the 2 District cannot take anymore hits. There being no one else 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 White seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Dieter.) 12 REGULAR MEETING NOVEMBER 14, 2011 BILL NO. 66-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $60,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2011 Councilmember LaFountain, Chairperson, Personnel & Finance Committee reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill 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 advised that the administration has determined that an increased occurrence of illegal dumping activities has developed in the city whereas, clean-up activity expenditures is beyond the 2011 budgetary scope of city operations responsible for the expenditures of illegal dumping clean-up activities. He stated that this bill would allow for the creation of an additional crew within the Solid Waste Department operation, to perform the clean-up activities. The appropriation would cover personnel costs for additional crew, equipment operations costs (fuel and repair), landfill tipping fees and other miscellaneous expense. This appropriation would provide funding to operate the additional crew through the end of 2011. Mayor Luecke advised that the funds will be appropriated from the General Fund, Code Enforcement Department, and reimbursed to the Solid Waste Fund, whose employees will perform the clean-up activities. th Catherine Toppel, Director, Code Enforcement, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, gave a power-point presentation. A copy is on file with the Office of the City Clerk. Councilmember Dieter asked a question on the power-point presentation regarding vouchers being given to residents who need to have items pick-up. Ms. Toppel stated that the voucher would be good for 1 dump truck full. She noted that there would be communication to the residents on how the program works. Councilmember Dieter asked how much to fund this program fully. Mayor Luecke stated that it would be approximately $250,000. Councilmember Oliver Davis wanted to make sure that new administration and transition team would be made aware of this. Councilmember Henry Davis thanked the Mayor, Catherine Toppel, and Karen White, Chairperson of the Council’s Health and Public Safety Committee, who held numerous meetings to address illegal dumping. He stated that he looked forward to the results of this program and getting more results in the future to end illegal dumping. Councilmember White thanked the members of her Health and Public Safety Committee. She stated that they need to continue to address the issues that affect the quality of life for all citizens of South Bend. 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 favor of this bill: 13 REGULAR MEETING NOVEMBER 14, 2011 Mr. Gary King, 730 N. Hill Street, South Bend, Indiana, stated that this is a subject that has bothered him greatly. Mr. King presented pictures of illegal dumping on Kalaroma Street just off of Hill Street. Mr. King stated that he sees this as a good thing; he urged cooperation between Code Enforcement and the Solid Waste Department to make sure they have coordinated to make this project work. He would like to see things get done and cleaned up without a lot of paper work involved. 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. 62-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE BOARD OF WORKS’ SALE OF REAL ESTATE UNDER INDIANA CODE SECTION 36-1-11-4.2 Councilmember Dieter made a motion to strike this bill at the request of the petitioner. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Oliver Davis 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 BILLS – THIRD READING ORDINANCE NO. 10128-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3500 BLOCK OF EAST MCKINLEY AVENUE AND 600 BLOCK OF HICKORY ROAD, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Oliver Davis made a motion to pass this bill as amended. Councilmember Varner seconded the motion which carried by a roll call vote of six ayes and three (3) nays (Councilmember’s LaFountain, Puzzello, Kirsits.) 14 REGULAR MEETING NOVEMBER 14, 2011 ORDINANCE NO. 10129-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $250,000 FOR MAINTENANCE OF ALONZO WATSON PEDESTRIAN BRIDGE TRAVERSING CHAPIN AVENUE IN THE CITY OF SOUTH BEND IN 2011 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 eight (8) ayes and one (1) nay (Councilmember Dieter.) ORDINANCE NO. 10130-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $60,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2011 This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4126-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA, FOR THE PROPERTIES LOCATED AT 618, 622, 626, 636 LINCOLNWAY EAST, VACANT LAND ADJACENT TO AND EAST OF 701 SOUTH STREET AND 611, 613, 701 SOUTH STREET AND 514 AND 518, RUSH STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: 15 REGULAR MEETING NOVEMBER 14, 2011 SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (618, 622, 626, 636 Lincolnway East, Vacant Land Adjacent to and East of 701 South Street and 611, 613, 701 South Street and 514 and 518 Rush Street, South Bend, Indiana) In order to permit: The Approval of Special Exceptions to be allowed to have the option to use the properties located at 618, 622, 626, 636 Lincolnway East, vacant land adjacent to and East of 701 South Street and 611, 613, 701 South Street and 514 and 518 Rush Street all in South Bend, Indiana for Single-family residential dwellings per Section 21-02.03 (a) (2) (F) of the City of South Bend Zoning Ordinance and Approval of Special Exceptions to be allowed to use a portion of the properties located at 618, 622 Lincolnway East, 611 South Street and 514 and 518 Rush Street all in South Bend, Indiana for an Accessory Parking Lot per Section 21-02.03 (a) (2) (D) of the City of South Bend Zoning Ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits, Chairperson, Zoning and Annexation Committee reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Mark Lyons, Assistant Building Commissioner, Building Department, 125 S. Lafayette Boulevard, South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. 16 REGULAR MEETING NOVEMBER 14, 2011 Mr. Lyons advised that the petitions are seeking a special exception to allow for the option of a single family dwelling on property located at 618, 622, 626, and 636 Lincolnway East and vacant land east and adjacent to 701 South St. and 611, 613, and 702 South Street and 514 & 518 Rush Street and a special exception to be allowed to use a portion of the properties as an accessory parking lot on properties located at 618, 622 Lincolnway East, 611 South Street and 514 & 518 Rush St. Mr. Lyons advised that the Area Board of Zoning Appeals held a public hearing on October 5, 2011 and sends it to the Common Council with a favorable recommendation. Mr. Mike Danch, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, representing the City of South Bend Redevelopment Department. Mr. Danch advised that the area in question is bounded by Lincolnway East, South Street, and Rush Street. These properties were acquired by the Redevelopment Authority from the South Bend Housing Authority. The Redevelopment Authority would like to be able to put these properties back up for sale for either single ownership, duplexes or the multi- family classification. He stated that a couple of these houses right now are being used as single family; the other ones are being used as multi-family. Under the “MF1” zoning it is not allowed to have a single family residence. So what they are trying to do is work with the City of South Bend to make these properties sellable and provide enough options for the city that if someone wants to buy these homes they would have the option to continue to use them as duplexes, the ones that are that way, or single family depending on how that worked out. Mr. Danch advised that they are also seeking a special exception on the interior parking lot. He noted that under today’s code in order to have that interior parking lot a special exception is needed to allow it under the “MF1” category. He stated that they split up the parking lot between the different properties and what will happen is that there will be a homeowners association that will end up taking care of that. Through the subdivision process they will end up with an ingress/egress and a parking lot agreement that will show up on those lots. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember LaFountain seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4127-11 A RESOLUTION SUPPORTING THE INVESTMENT OF CAGIT, TIF, UDAG AND CEDIT MONIES IN THE CHASE TOWER IN DOWNTOWN SOUTH BEND , Whereas the Common Council of the City of South Bend, Indiana, notes that the building located at 211-213 West Washington was constructed in 1971, consists of 25- stories and is located in the heart of downtown South Bend; and , Whereas the Council further notes that the property is currently subject to an “Agreed Order for Immediate Appointment of Receiver” in the St. Joseph Circuit Court; and , Whereas the South Bend Common Council believes that this structure is vital to the overall viability as an integral part of the economic engine because of its key location in the county seat of St. Joseph County, Indiana; and , Whereas City Plan was adopted by the South Bend Common Council with the adoption of Resolution No. 3657-06 in 2006 which specifically stressed within its “Implementation Action Plan”, the need to: 17 REGULAR MEETING NOVEMBER 14, 2011 Expand Economic Opportunities Ensure Quality Design and Physical Development Conduct Planning and Analysis , Whereas the Common Council further believes that time is of the essence, and that the City Administration and the Redevelopment Commission should develop with the Council an incentive package which will attract private investors to provide equity investment for the economic rehabilitation of the building located at 211-213 West Washington, which is consistent with the goals and objectives set forth in this Resolution. Now, therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The South Bend Common Council believes that the City Administration and the Redevelopment Commission should immediately begin to collaborate with the Common Council in developing an incentive package which will attract private investors to provide equity investment for the economic rehabilitation of the building commonly known as the Chase Tower located at 211-213 West Washington in downtown South Bend. Section II. The South Bend Common Council further believes that such an incentive package should not provide any funding or other incentives which would provide for an unfair market advantage which would be inconsistent with any current legal and binding agreements which provide incentives to maintain their presence in downtown South Bend. Section III. The South Bend Common Council believes that in addition to having such an incentive package be consistent with the goals and objectives set forth in City Plan, that such a package should also promote private capital investment in this building which would promote sustainable renovations reflecting comprehensive leed-certified technologies which would attract new business and jobs to this downtown South Bend location. Section IV. The Common Council calls upon representatives of the current City Administration, representative(s) of the Mayor-elect, the Redevelopment Commission nd and the 2 District Council Member and the Chairperson of the Council’s Community and Economic Development Committee to collaborate together, so that the redevelopment of the Chase Tower is successfully concluded with all due speed. Updates shall be made on a timely basis to the Council’s Community and Economic Development Committee. Section V. The Common Council supports the use of the appropriate revenue stream(s) for the repair, acquisition, alteration and/or renovation of the Chase Tower. Section VI. Upon the adoption of this Resolution and approval by the Mayor, the Office of the City Clerk is authorized to send a copy to the members of the Redevelopment Commission post haste, so that they may begin their deliberations with the Council and City Administration’s representatives. Section VII. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. nd s/Henry Davis, Jr., 2 District s/Al “Buddy” Kirsits, At Large th s/Ann Puzzello, 4 District s/Timothy A. Rouse, At Large th s/Dr. David Varner, 5 District s/Karen L. White, At Large th s/Oliver Davis, 6 District s/Kathy Cekanski-Farrand, Council Att’y 18 REGULAR MEETING NOVEMBER 14, 2011 th Attest: Approved this 14 day of November, 2011 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Henry Davis, Jr. made a motion to hear the substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Rouse, Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and sends it to the full Council with a favorable recommendation. Councilmember Henry Davis, Jr., 5117 Idlewood Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety. A Public Hearing was held on the Resolution at this time. The following individual spoke in opposition to this bill: Mr. Jesse Davis, 1333 E. Calvert Street, South Bend, Indiana, advised that the Council should do some research on the proposed developer. He stated that he is already using 211-213 W. Washington as his business address. Councilmember Henry Davis stated that he is seeing more of the area dying. He stated that he does not like to play chick with this type of development. Councilmember LaFountain stated that he has some concerns with this bill. He stated that this should be handled in the Mayor’s Office not the Council. He stated that the Executive of the City should be able to work independently and not under the Council’s scrutiny. Councilmember Henry Davis stated that this bill suggests raising spirit and support and to work collaboratively. There being no one else 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 substitute Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes and two (2) nays (Councilmember’s Dieter, LaFountain.) BILL NO. 11-60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE APPROPRIATION OF $179,100 FOR THE CREATION OF THE MINORITY AND WOMEN BUSINESS DEVELOPMENT PROGRAM IN SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to continue this bill until the November 28, 2011 meeting of the Council. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. 19 REGULAR MEETING NOVEMBER 14, 2011 RESOLUTION NO. 4128-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND TO PARTICIPATE IN THE INDIANA FINANCE AUTHORITY ABANDONED LANDFILL INITIATIVE COALITION FOR THE PURPOSE OF SUBMITTING AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELDS COMMUNITY-WIDE ASSESSMENT GRANT WHEREAS, the United States Environmental Protection Agency has financial assistance for brownfield revitalization, including grants for community-wide site assessments; and WHEREAS, the Indiana Finance Authority Abandoned Landfill Initiative Coalition (Coalition) intends to request a $1,000,000 Brownfields Assessment Grant for assessment of former landfills within the State of Indiana; and WHEREAS, the City of South Bend has been asked to be a member of the Coalition in order to address abandoned landfills in South Bend; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate individual to represent South Bend in this Coalition. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to represent the City of South Bend in the Coalition and the Coalition’s application to the United States Environmental Protection Agency for a $1,000,000 Brownfields Assessment Grant and to execute all documents related to any grant awarded. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Coalition’s application submitted to the United States Environmental Protection Agency. SECTION III. That the City of South Bend, Department of Community and Economic Development is hereby designated as the agency and office participating in the Coalition on behalf of the City of South Bend, for the Assessment Grant awarded under this application. SECTION V. That 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 Councilmember Rouse, Rouse, Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, th 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. 20 REGULAR MEETING NOVEMBER 14, 2011 Ms. Kolata advised that this bill would allow for the authorization of the City of South Bend to participate in the Indiana Finance Authority Abandoned Landfill Initiative Coalition for purposes of submission of a Brownfields Assessment Grant application to the United State Environmental Protection Agency. The Coalition intends to submit an application for a $1,000,000 Assessment Grant to assess abandoned landfills at various locations throughout the State of Indiana. She noted that the application is due at EPA by November 28, 2011. She stated that if the grant is approved all of the work would be conducted by the Indiana Finance Authority through the Indiana Brownfield Program. South Bend would not receive any grant funds or be responsible for grant administration. However, as a member of the coalition, South Bend sites would be given priority for assessment work. Any property being assessed with grant funds would need to meet all EPA eligibility requirements. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver 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. 67-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4901 GREENLEAF LANE, 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 White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 68-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2012 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on November 289, 2011. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 69-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2012 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on November 28, 2011. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 21 REGULAR MEETING NOVEMBER 14, 2011 BILL NO. 70-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING TH ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED EIGHT MILLION THREE HUNDRED THOUSAND ($8,300,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 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 November 28, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 71-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3321 MISHAWAKA AVENUE, SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Rouse 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. 72-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLERS’S PLAT & NAPOLEON STREET, ON THE EAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTH’S PLAT AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. #23), SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, 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 Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 22 REGULAR MEETING NOVEMBER 14, 2011 BILL NO. 73-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2011 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on November 28, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 74-11 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 2, RESIDENTIAL DISTRICTS, TO ALLOW THE RAISING AND CARE OF CHICKENS AS AN ACCESSORY USE; AND ADDING CERTAIN RELATED DEFINITIONS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 11-62 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 AT ±2.04 ACRE SITE CONSISTING OF VACANT LAND TO THE SOUTH SIDE OF PRAIRIE AVENUE, TO THE WEST OF 2610 PRAIRIE AVENUE, SOUTH BEND, INDIANA 46614 BILL NO. 11-63 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 TO THE NORTH OF 1145 NORTHSIDE BLVD. AND TO THE WEST OF 947 LOUISE STREET WITH A PARCEL ID OF: 018-6014-031802 Councilmember Oliver Davis made a motion to refer Bill Nos. 11-62 and 11-63 to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 28, 2011. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 23 REGULAR MEETING NOVEMBER 14, 2011 BILL NO 18-11 AN ORDINANCE 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 refer this bill to the Public Works Committee and set it for Public Hearing and Third Reading on November 28, 2011. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Henry Davis, Jr. apologized for his comments earlier this evening regarding the intersection of Western Avenue & Chapin Street. He did not mean to hurt anyone’s feelings. NEW BUSINESS PRIVILEGE OF THE FLOOR COMMENTS FROM MR. JIM CIERZNIAK REGARDING PERSON INHABITING THE AREA AROUND THE JON HUNT PLAZA IN FROM OF THE MORRIS PERFORMING ARTS CENTER Mr. Cierzniak asked the Council for the City’s help in removing the “tent” people from the Jon Hunt Plaza. COMMENTS FROM MS. RITA KOPALA REGARDING FREEDOM OF SPEECH, PUBLIC ACCESS AND TRANSPARENCY Ms. Kopala stated that the “tent” people have every right to be at the Jon Hunt Plaza, demonstrating peacefully for something that they believe in. She stated that it is their right to freedom of speech, public access and transparency. COMMENTS FROM MR. GARY KING REGARDING INDIVIDUALS SPEAKING UNDER PRIVILEGE OF THE FLOOR WHO LIVE OUTSIDE THE CITY LIMITS Mr. King stated that is just amazes him that people who do not live within the city limits of South Bend come to the South Bend Common Council Meetings and speak under privilege of the floor. He would like to see those people move back into the City of South Bend. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:11 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 24