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Home My WebLink About08-08-11 Common Council Meeting Minutes REGULAR MEETING AUGUST 8, 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, August 8, 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 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 Absent: Thomas LaFountain 3rd District OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the July 25, 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 White made a motion that the minutes of the July 25, 2011 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS All-America City Delegation Presentation Mayor Stephen Luecke advised that the City of South Bend was named an All-American City for 2011. He stated that being an All –America City is a great testimony to South Bend’s progress as a transformative community with a collaborative spirit that addresses and solves challenges. He stated that this designation recognizes our great quality of life in revitalized neighborhoods, our commitment to embrace diversity by letting nothing divide us and our desire modeled by our youth to go the extra degree to become even better. He noted that they highlighted three projects: Revitalization of the Northeast Neighborhood, in which neighborhood residents, the City of South Bend, the University 1 REGULAR MEETING AUGUST 8, 2011 of Notre Dame and other key partners redeveloped the area near the campus; Transformation of the former Engman Natatorium, a public facility that was a landmark of segregation, into the Indiana University South Bend Civil Rights Heritage Center, into a symbol of hope and opportunity as part of the city’s museum campus; Development of 212° Stars, a grassroots effort among a coalition of Para church agencies, student volunteers and others to create a peer-to-peer intervention effort to reduce high-school dropout rates. A video was presented highlighting the All-America City Delegation Presentation. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:22 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) 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. 35-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY(S) LOCATED AT 429, 423, 431, 425 COTTAGE GROVE AVENUE AND 426 CUSHING STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Mr. Derek Spier, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Spier advised that the petitioner is requesting a zone change from Mf1 Urban Corridor Multifamily District and CB Community Business District to SF2 Single Family and Two Family District to allow single family residential. On site on the four Cottage Grove Avenue lots is an existing vacant duplex and three vacant lots. The lot on Cushing Street is vacant. To the north of the Cottage Grove Avenue lots is a vacant lot and the Colfax Cultural Center zoned MF 1 Urban Corridor Multifamily District and MU Mixed Use District, respectively. To the north of the Cushing Street lot is vacant land zoned CB Community Business District. To the east of the Cottage Grove Avenue lots is a parking area for the Charles Martin youth Center and single family homes zoned Mu Mixed Use District and MF1 Urban Corridor Multifamily District and MU Mixed Use District, respectively. To the east of the Cushing Street lot is a vacant lot and Louie’s Tux Shop, both zoned CB Community Business District. To the South of the Cottage Grove Avenue lots are single family homes zoned SF2 Single Family & Two Family District. To the south of the Cushing Street lot is a vacant lot zoned CB Community Business District. To the west of the Cottage Grove Avenue lots are single family homes zoned SF2 Single Family & Two Family District. To the west of the Cushing Street lot is a parking area for the Charles Martin Youth Center and an abandoned home zoned MU Mixed Use District and SF2 Single Family & Two Family District. The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South end as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g. public water, public sanitary 2 REGULAR MEETING AUGUST 8, 2011 sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. Mr. Spier advised that no site plan is required when rezoning to the SF2 Single Family & Two Family District. However, the petition indicates that new single family homes with three to four bedrooms are proposed to be constructed through a partnership between the petitioner and the South Bend Heritage Foundation. The existing duplex along Cottage Avenue will be razed. Those proposed new homes will be leased to low-to-moderate income individuals with an option to purchase. Per the historical aerial maps, residential structures were located on each of the four lots on Cottage Grove Avenue and on the lot on Cushing Avenue in 1966. By 1986, two of the four structures along Cottage Grove were demolished, and another was demolished between 1993 and 2002. The structure on Cushing Avenue was razed between 1986 and 1993. Prior to 1996, the lots on Cottage Grove Avenue were zoned “B” Residential (Multifamily) / “a” Height & Area, and the lot on Cushing Avenue was zoned “B” Residential (Multifamily) / “b” Height & Area. Both Cottage Grove Avenue and Cushing Street are two lane local streets. The lots will be served with municipal sanitary sewer and water. The Department of Community & Economic Development is supportive of this rezoning request. The Division of Engineering & Public Construction had no comment. Mr. Spier stated that this rezoning meets the stated objective and policy. The future land use map within City Plan recommends high density residential (more than 12 du/acre) for the Cottage Grove Avenue lots and commercial use for the Cushing Street lot. These recommendations were based on existing multi-family residential along Cottage Gove Avenue, and the existing commercial use of the lots to the north of the Cushing Street lot fronting Lincoln Way West. The Lincoln Way West Commercial Corridor Revitalization Action Plan (June 1999) recommends commercial use for the lot along Cushing Avenue. In 1999, this lot served as a parking area for the commercial use to the north, which has since been razed. The northern lot along Cottage Grove Avenue is occupied by a vacant duplex while the three lots to the south are vacant. The lot along Cushing Avenue is also vacant. The most desirable use of the lots is residential to further compliment the adjacent residential uses and to meet the objectives of City Plan. The adjacent property values should be conserved, or could potentially be raised, as a result of infill residential development on these vacant lots. It is responsible growth and development to allow single-family residential homes to be constructed on underutilized and vacant lots within a primarily single-family residential neighborhood. Based on information available prior to the public hearing, the staff recommends that this rezoning petition be forwarded to the City of South Bend Common Council with a favorable recommendation. The proposed use of these lots as single-family residential is compatible with the adjacent zoning districts, permitted uses, and existing single-family residences, and addresses the housing objectives of City Plan. Mr. Spier advised that the Area Plan Commission held a public hearing on Tuesday, July 19, 2011 and sends this to the Common Council with a favorable recommendation. Ms. Anne Mannix, Managing Partner, Lincoln Park Development, LLC, 724 W. Washington Street, South Bend, Indiana, made the presentation for the bill. Ms. Mannix advised that she is a managing partner of Lincoln Park Development, LLC. She stated that they have four lots on Cottage Grove that they are seeking a zone change from multi-family to single family and also one other lot on Cushing to change from community business to single family. She noted that currently all of these lots are vacant except one. She stated that if the rezoning is approved the house will be razed and have a signed commitment to that effect. She stated that this project is located south of Lincolnway West, west of Chapin and Martin Luther King Dr. Ms. Mannix stated that they are calling it Lincoln Park; it is an older area, where a lot of residents once raised their families there. She stated that it is close to downtown and adjacent to the new fire station and where Chapin Street has been redone. Ms. Mannix noted that it is also adjacent to the West Washington Neighborhood. She advised that she has talked with neighborhood residents, South Bend Heritage, and Council Members of the area, and they are all in support of this project. She stated that she tried to do this project last year but was unsuccessful due to the zoning when they applied for funding. She stated that they are requesting the zone change now and currently have site control of 21 lots. She stated that they want to build 24 houses. She also stated that it takes quite a while to buy vacant lots in city neighborhoods. She stated that if anyone has ever tried or inquired 3 REGULAR MEETING AUGUST 8, 2011 about buy lots they can attest. She stated that the homes will be three to four bedroom houses with 1,100 to 1,500 square feet. She stated that they are going to be marketed to renters whose income is enough to pay the rent and utilities, but they aren’t quite ready to buy a house. She stated that they can rent for 15 years, and in year 15, it will be sold to whoever is living there for a modest price. 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 Henry Davis thanked Ms. Mannix for her commitment to this project. 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 eight (8) ayes. BILL NO. 36-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1007 NORTH BENDIX DRIVE AND PART OF 1025 NORTH BENDIX DRIVE, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Mr. Derek Spier, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Spier advised that the petitioner is request a zone change from CB Community Business District to MF2 High Density Multifamily District to allow multifamily dwellings (senior independent living facility.) On site is a vacant commercial structure most recently occupied as a restaurant and an adjacent parking area partially used for the Urban Garden Market, a temporary and seasonal farmers market, both zoned CB Community Business District. To the north is a vacant parking area used seasonally for the Urban Garden Market, and vacant retail structure all zoned CB Community Business District. To the east is a credit union, a vacant bank, and a health services facility all zoned LB Local Business District. To the south is LaSalle Square, a multi-tenant retail center, zoned CB Community Business District. To the west is vacant land zoned MF2 High-Density Multifamily District and the LaSalle Branch Library zoned CB Community Business District. The vacant land was rezoned in 2008 (APC #2486-08) for multi- family dwellings (senior independent living facility.) The MF2 District is established to protect, promote and maintain the development of high density multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects with on-site amenities. The 2.58 acre site includes both the 0.91 acres to be rezoned with this petition and an adjacent area to the west which was rezoned to the MF2 Multifamily District in 2008. The site plan shows a four story 72 unit senior living facility covering 0.56 acres, or 22% of the site. The proposed parking areas, drives and sidewalks cover 0.65 acres, or 22% of the site; and the developed recreational open space covers 0.13 acres, or 5% of the site. The remaining 1.24 acres, or 48%, is open space. A total of 144 parking spaces are required and 55 spaces are provided. Variances for a reduction in the number of parking spaces, reduced front yard setbacks from the existing and proposed public rights-of-way, a reduced side yard setback, and an increase in the maximum allowable height and number of stories were approved by the Area Board of Zoning Appeals on June 2011. Access to the site will be provided to the west and south via two proposed public streets. All landscaping, lighting, and signage will be in accordance with the zoning ordinance. The area to the 4 REGULAR MEETING AUGUST 8, 2011 southwest of Ardmore Trail and Bendix Drive was undeveloped until the mid 1970’s when the LaSalle Square multi-tenant shopping center was constructed. The existing structure within the area to be rezoned was built sometime after the construction of the center but prior to 1986. Rezoning petitions were submitted in 2001 to add a charitable gaming facility to the center and in 2002 to add a day care facility and banquet hall to the center. Both of these petitions were withdrawn. Bendix Avenue is a four land road and Ardmore Trail is a two land road. Both have center turn lanes. The nearest traffic counts taken in 2010 along Bendix Drive south of Ardmore Trail and along Ardmore Trail east of Bendix Drive reveal an AADT of 6,343 and 2,531 respectively. The site will be served by municipal sanitary sewer and water. The Department of Engineering & Public Construction commented that the existing utilities in the vacated Kentucky Street must be kept in service, resulting in their relocation. The Department of Community and Economic Development commented that the proposed rezoning is consistent with the LaSalle Square Area Redevelopment Plan, and would have a positive effect on the area’s appearance, and would represent the next step in the revitalization of a wider area. Mr. Spier advised that this proposed rezoning meets all the objectives and policies of City, Plan. The future land use map within City Plan shows that the area included with this rezoning petition and the adjacent LaSalle Square shopping center as mixed use. Mr. Spier advised that the LaSalle Square Area Redevelopment Plan was established in September 2008 and the public participation process which occurred prior to the drafting of this place revealed that of all types of residential land uses, senior housing was the most preferred type of housing. The public also identified sidewalks as the number one infrastructure need for the area. These desires led to the following recommendation within the five year outlook plan. Recommendation #3, work with senior housing developer to come into the Square. This development seems ideally suited to be situated in the vacant parcel to the immediate east of LaSalle Library, which will preserve the frontage on Bendix Drive to e used for retail development. Bringing in a new development will quickly add residents, improving the likelihood of new retail development for the area. Another strategic approach goal and objective recommends increasing the interior and exterior connectivity through reintroducing streets, sidewalks and trails within the site. The proposed rezoning meets all these stated recommendations, goals and objectives. Currently, the property included within the petition includes a vacant restaurant and an open parking area to the north. The property to the west of the petition area, which is also included within the site plan, is an undeveloped vacant area. The most desirable use of this property and the adjacent property to the west is a mixed use of residential and commercial. The adjacent property values should be conserved, or could potentially increase, with the development of a senior living facility. It is responsible development and growth to follow previously adopted city-wide and area specific land use plans. The presence of additional residents could act as a catalyst for further commercial investment and development within the LaSalle Square area. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the City of South Bend Common Council with a favorable recommendation. A substantial community wide effort was put into the planning process and development of City Plan, and more recently the LaSalle Square Area Redevelopment Plan. The proposed rezoning is consistent with the recommendations, goals, and objective of both of these plans. Mr. Brad Mosness, Abonmarche Consultants, Inc., 750 Lincolnway East, South Bend, Indiana made the presentation for this bill. Mr. Mosness advised that since the rezoning of the adjacent west parcel in 2008, the project has expanded, and most recently, after obtaining financing earlier this year. He stated that after several meetings with the city, there is going to be a new city street planned adjacent to the site. The north-south drive adjacent to the library will be improved, and the right-of-way will be dedicated, as well as the drive off of Bendix entering LaSalle Square, will be improved and also dedicated as right-of-way. Mr. Mosness advised that because the project has expanded therefore, requiring the rezoning. Mr. Matthew Sikora, Planner, Department of Community and Economic Development, th 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that as part of the Sterling Group LLC., tax credit application and the support of 5 REGULAR MEETING AUGUST 8, 2011 development within LaSalle Square, the City Redevelopment Commission agreed to purchase and donate property to this project. In addition to property owned by Faith Apostolic Church, they are picking up the former Fernando’s Restaurant, which is the subject of the rezoning. He stated that they believe this will allow the development to fit better on the site, and allow for the street improvement at LaSalle Square in conjunction with this development. It will include Bonds Avenue into this square as well as improvements to the north/south drive running west of the proposed development, in addition to the utility easement. He stated that they appreciate the importance of this project and recognize it as a way to kick start additional private development in LaSalle Square in accordance with the LaSalle Square Plan and City Plan. He stated that the City is making a substantial investment in land acquisition and road improvement. Mr. Lance Swank, Sterling Group, 3900 Edison Lakes Parkway, Mishawaka, Indiana, advised that they have been working on this project for quite some time. He stated that they have received their financing earlier this year and realized that with the construction of new roads, new right-of-way is needed. He stated that to pick up some additional needed space they needed to acquire the former Fernando’s Restaurant. It will create an “L” shape and allow more open space and better fit. Mr. Swank advised that this is an estimated 7.3 million dollar investment. It is seventy-two senior units with all the amenities, beauty salon, computer work stations, community rooms and patio areas outside in the open space. He stated that this project will be a nice addition to the LaSalle Square Area. Ms. Margo DeMotte, Representative, Memorial Hospital, South Bend, Indiana, stated that they having been working a long time on this project and she believers that it will help LaSalle Square survive, thrive and help get retail back into the area. She stated that they are seeking federal grants that President Obama is sponsoring. She stated that with the help of the Urban Garden Market they would like to see a grocery store along with a pharmacy locate in the area. Ms. DeMotte stated that this project will allow for 72 seniors to live independently and continue to enjoy their golden years. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Linda Wolfson, 809 Park Avenue, South Bend, Indiana, advised that she is a member of the LaSalle Square Steering Committee and a member of the Community Forum for Economic Development. She stated that they have worked a long time to help assist the neighbors in revitalizing the LaSalle Square Area. She urged the Council’s favorable consideration. Mr. Zac Smith, 1536 Cobblestone, Granger, Indiana, stated that the elderly need to have a decent place to live. He asked the Council to consider favorably the project at LaSalle Square. Councilmember Henry Davis raised a concern of public transportation to this development. Councilmember Oliver Davis stated that as the Council’s representative to TRANSPO, he would like to have a letter drafted addressing Councilmember Henry Davis’ concerns to accommodate this project. Councilmember Henry Davis asked if a project labor agreement was being considered for minority contractors. Mr. Swank stated that there is no federal, state or local requirement; however, they use 10%. Councilmember White asked how long has this project been in the works? Mr. Swank advised that it has been a long journey of four (4) years and finally come to fruition with the help of the LaSalle Square Steering Committee. 6 REGULAR MEETING AUGUST 8, 2011 Councilmember’s Dieter and Oliver Davis raised questions about security. Councilmember Dieter stated that he cannot support this bill if security 24/7 is not a part of the bill. Councilmember Dieter made a motion to make security 24/7 a part of the bill. Councilmember Henry Davis seconded the motion. Mr. Swank stated that they will make security a priority and work through the issue. Councilmember Dieter withdrew his motion; Councilmember Henry Davis withdrew his second. Councilmember Kirsits made a motion for favorable recommendation to full Council concerning this bill. Councilmember Henry Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 46-11 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 9 ADMINISTRATION, SECTION 21- 09.03 BOARD OF ZONING APPEALS AND ARTICLE 14, SUBDIVISIONS, SECTIONS 21- 14.04 MINOR SUBDIVISIONS, 21-14.05, MAJOR SUBDIVISIONS, 21-14.06, SUBDIVISION REPLATS AND 21-14.09 (b) VARIANCES Councilmember Kirsits, Chairperson, Zoning and Annexation 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. th Mr. Derek Spier, Staff Member, Area Plan, Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Spier advised that the requested action is a text change, amending Chapter 21 of the South Bend Municipal Code, Article 9 Administration, Section 21-09.03 Board of Zoning Appeals and Article 14, Subdivisions, Sections 21-14.04 Minor Subdivisions, 21-14.05, Major Subdivisions, 21-14.06, Subdivision Replats, and 21-14.09 (B) Variances. Section I of the proposed ordinance amends the section of the zoning ordinance pertaining to the powers of the Board of Zoning Appeals. State statutes now give the Board the authority to place conditions upon the approval of variances. Sections II, III and IV change the time frame for appealing subdivisions from 10 days to five days. Section V authorizes the Plat Committee or the Plan Commission the right to grant waivers from requirements of the subdivision ordinance. Previously, they could grant variances from the Ordinance. The Ordinance language will now be consistent with the County Subdivision Ordinance. Based on information prior to the public hearing, the staff recommends that the amendments of the Cit of South Bend Zoning Ordinance be forwarded to the City of South Bend Common Council with a favorable recommendation. These amendments are in response to House Enrolled Bill 1311, which included numerous changes to the state planning and development statutes. Mr. Spier advised that the Area Plan Commission held a public hearing on Tuesday, July 19, 2011 and sends this to the Common Council with a favorable recommendation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 7 REGULAR MEETING AUGUST 8, 2011 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 eight (8) 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 Dieter made a motion to continue this bill until the September 12, 2011, meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 45-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO TRANSFER A PORTION OF VOORDE PARK TO HOOSIER TANK AND MANUFACTURING, INC. 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 recommendation. th Mr. Bill Schalliol, Staff Member, Community and Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that the City desires to preserve adequate park land for its citizens, but also wishes to encourage economic development. To accomplish both purposes, the City believes it would be beneficial to transfer the western portion of Voorde Park to Hoosier Tank and Manufacturing, Inc. The acquisition of a larger parcel of property on the east side of Voorde Park will allow the City to transfer this property and yet maintain a larger Voorde Park than previously existed. Mr. Schalliol advised that at the July 18, 2011 meeting of the Board of Park Commissioners they authorized the sale of Lot 1 Voorde Park Minor Addition to the highest qualified bidder, Hoosier Tank and Manufacturing, Inc. for $60,300.00 which is 90% of the appraised value of the described property. Mr. Schalliol advised that the Common Council under I.C. 36-10-4-18 has the final authority to transfer 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 eight (8) ayes. BILL NO. 41-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $1,000,000 FOR CAPITAL INVESTMENT IN THE MIRACLE PARK IN 2011 Councilmember Dieter made a motion to consider the substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 8 REGULAR MEETING AUGUST 8, 2011 Councilmember White, Vice-Chairperson, Personnel & Finance Committee, reported that this Committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with no 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 read the amendments into the record: The title should read: An Ordinance of the Common Council of the City of South Bend, Indiana appropriating $200,000 for a Planning Study in Support of Investment in the Miracle Park 2011. The second paragraph should read: It is necessary to appropriate the funds to make this planning study in support of this investment expenditure. Section I should read: Section I. The sum of $200,000 is hereby appropriated and set aside within EDIT Fund #408 for purposes of investment in a planning phase design study for Miracle Park. The scope of this professional service contract will include alternative site analysis and selection, programming, schematic design, design development engineers, estimate and resource development for public and private funds to build and operate the facility for special needs population. Mayor Luecke thanked the Council for the opportunity to come tonight and ask for the change to the bill as they have continued to look at being able to move forward with development of Miracle Park and Challenger Fields for the City of South Bend. He stated that they feel it makes sense at this point to step back and do some further analysis. He stated that they had an initial site that they were looking at for this park, and then there was an offer of donation of land. As they investigated that they found that there was some significant infrastructure costs that would be associated with placing the park at that location, so rather than ask the Council to appropriate the 1 million dollars at this point they would ask for an appropriation of $200,000 to pay for a study that would do those things that he had mentioned. Phil St. Clair, Superintendent, Park Department, 321 Walter Street, South Bend, Indiana, advised that there are folks here tonight that believe in this project with their whole heart and sole. Mr. St. Clair stated that after watching the video on the City winning the All America City Award how it demonstrated so successfully how the city problem solved their way through three key issues in this community. He stated that the City has another problem and that is access for all in the community. He stated that they began to realize that in the Parks with the first grant opportunity at Potawatomi Park several years ago. They saw the need and then saw the result s of being able to create a park in part that was able to answer the needs for special needs population. He stated that they have been working with Miracle Inc. which is a firm that has designed Miracle Parks around the nation. He stated that Indiana has yet to have a Miracle Park in the state. He stated that they have been looking to them as their source of information. They have indicated that typically most populations around 6% of the kids between the ages of 5-18 have some sort of impairment that doesn’t allow them to active outdoor play like other kids in the community do. They know if they use that number, that number is roughly 3,000 kids in the area, and that is a fairly big number they also know that there are some local agencies who are here tonight, some were not able to attend, have been working very hard to provide services for these youngsters very successfully. Nonetheless, it is never enough. They also know that it is a tough but very necessary part of their mission in parks is providing opportunities for all in the community. Often that means that they have to provide recreation opportunities that are not always profitable, if they would profitable private businesses would be doing them. Mr. St. Clair stated that they look at as a part of their mission is to be able to provide services for all. He stated that they have been talking about this project for several weeks and looking at a possible site at the airport that they though initially would be a great start with a donation of the land as it turned out they are still looking at that as a possibility. As they looked at it the infrastructure cost is double of what the core component cost of what the park would be. They know that it is not feasible to spend 6, 7, or 8 million dollars on the park. They have asked to proceed with an in house study as well as bringing on an expert consulting firm to work with the city to design on what would be the best outcome for the community with regard to Miracle Park. He reiterated what Mayor Luecke stated earlier that there are a number of things that they will be looking at as part of the plan, site selections, market analysis as in 9 REGULAR MEETING AUGUST 8, 2011 terms of who will work with and who will serve for this park. They will talk about developmental programming on how they will develop programs to bring in those to serve on this park. They will talk about the site and infrastructure needs and related costs that will go with the park. They will talk about the designs of the facility, there is so much detail that it involved when you design a park for those who cannot see, hear, walk. There are so many details that have to be included in park like this, and began to touch on those things when they did Potawatomi several years ago. There is an alliance with strategic partners, who will partner in with the City on use of the park, will they get funding for the park from outside sources. He stated that they believe that from some of the discussions that they have had from folks in the community some have the means have said that it is a wait and see, let’s see what the city does and what kind of a park it is, what the needs are as they progress forward. He stated that he believes that they have access to some resources but again a lot of folks are doing a wait and see. Forecast for operations and revenue projections, they will look at how they can make the park sustainable. Miracle Inc. has said that all of their parks have been sustainable to date. Mr. St. Clair stated that he believes the city’s will be the same. He stated that is regard to economic impact they have through the Belleville Softball Complex for the past 14 years have generated over 9 million dollars in economic impact for the city through that 1.4 million dollar investment back in 1997. He stated that hundred of thousands of people come to play and watch games being played at the park. He stated that being able to host the Big East Conference Tournament along with the U.S. Olympic Women’s Softball Team three different times. He stated that they have also hosted the most prestigious fast pitch tournaments in the United States and they even have the possibility of hosting a World Tournament at Belleville Park. He stated that with a complex for Miracle Park that they have the experience to bring those types of activities for the special needs population in South Bend. He asked the Council to support the funding for the planning of this park so they can get started. He stated that they have for the past several months working with Lehman & Lehman and they provide a lot of gratis work for this project and also have been working very hard internally and working with the stake holders and are ready to start rolling with this project and get started with funding tonight to be able to start the formal planning process so that they can come back to ask for capital funding to get this project started. He stated that there are people present tonight who are going to speak in favor and those that cannot attend because it is not easy form them to pack up and come down town and sit for a couple of hours in a meeting, its tough. Those that are here tonight are speaking on behalf of themselves and those families who cannot attend tonight. Mr. St. Clair stated that he attended District 11 Challenger Banquet and saw family after family with their kids and they had a short conversation on where they would like to be on this project. He stated that he saw a lot of enthusiasm in those families and a lot of hope. Mr. St. Claire stated that he hopes the Council will take this into consideration and vote in favor of this project. Councilmember Henry Davis stated that he has a couple of questions on Belleville Park. He stated that he wanted to be clear on how he feels about Miracle Park. He stated that he is looking on the internet for Miracle Inc. and cannot find a website for them. Mr. St. Clair stated that they are out of Atlanta, Georgia. Councilmember Henry Davis stated that Belleville was opened in 1997 and the Park Department had the opportunity to do what. He wanted Mr. Clair to walk him through the process, the vision, of the softball complex and how actually came to fruition. Mr. St. Clair stated that for the softball complex they had a vision to build a complex that was much needed in the community back then. He stated that the City had the largest softball leagues in the State of Indiana. They were locally short on diamonds and it actually they were not allow all the teams to register because they did not have enough field space. Being a former softball player for a long time he also recognize the benefits to the community by hosting national and regional tournaments. What that meant from an economic impact, so back in the mid 90’s they talked about designing a complex that would one solve the needs of the local community and two be able to open up the City to other folks around the United States to come to South Bend and play at our complex. He stated that he envisions the same for Miracle Park. 10 REGULAR MEETING AUGUST 8, 2011 Councilmember Henry Davis asked if when this complex was envisioned, was the Park Board was involved? Was a plan drawn up and discussed with the City Administration and a bill drawn up for funding to be approved? He stated that with the project for Miracle Park, he did not see a plan prior and now asking for funding on something that they don’t even know what is being approved. He stated that it puts the Council in a tough position with the community. The taxpayers are not going to attack Mr. St. Clair; they are going to get at the Council. He stated that it makes him feel really unhappy about how this works, it is almost disrespectful, not saying because Mr. St. Clair did it solely, but in the process of getting these things done, please don’t take this as him blasting Mr. St. Clair, but what he is getting at is that he thinks that the process should have gone to within the Park Department and the Administration and doing a proposal, they have found four or five companies who are consultants who could possibly do the job, these are their prices, this is what we are looking and they ask for an appropriation of $200,000 can you approve it. He stated this is backwards. Miracle Park is going to happen, then they want to do it; then they think we should go find some consultants, give us $200,000. If the Council says no, then everybody is looking at them, like we don’t want to see it happen. Not exactly, there is an order of how things need to take place and the Council is being put in the spot light on this project and he does not appreciate it. He stated that Mayor Luecke used to be a former Councilmember and now Mayor, and he knows how things work. He stated that he is not comfortable with saying yes to $200,000 because he does not know what it is going to be used for. He stated that he shouldn’t have to go through all that, what he should have to do as a Councilmember is go through a proposal that is presented to the Council, and look to see what the project is and how the project is going to be funded. Then go from that point forward. He stated that is how he looks at it and he is not speaking for the rest of the Council. Councilmember Henry Davis stated that he is going on record not supporting a $200,000 appropriation if he does not know what it is going to be used for. He stated that there are other projects within the Parks Department such as just getting the trash dumpsters. Councilmember Puzzello stated that Mr. St.Clair has done a fine job of outlining this project. They are interested in building this park, they found out would use the park, who has the need for the park, how successful it is likely to be, talked to a lot of organization about it found out exactly how you build a park of this kind and now they have laid out where they had hoped to have the park so, anybody who talked to Mr. St. Clair knew a lot about what the plans were. Council Attorney Kathleen Cekanski-Farrand stated that at this point questions from the Council only to the presenters. She stated that it is questions only from the Council, and then the public portion, then the Council can make their comments during the Council Portion. Chairperson Rouse agreed with the Council Attorney and stated that the Council can make their comments during the Council Portion of the meeting. Councilmember Kirsits asked if an entirely different location was being looked at. Mr. St. Clair stated yes. Councilmember White asked for the total project cost of Miracle Park. Mr. St. Clair stated that without doing a feasibility study, we initially thought that the cost with land acquisition, infrastructure and development of the core aspects of the park it would be about 3 million dollars maximum. Again, there are some things that need to be researched to confirm a good number. Mr. St. Clair stated that the Council may be under the spot light, but it is a good spot light. This is a good opportunity to plan and why they are asking for the money to be appropriated so that they can come back with a specific plan. 11 REGULAR MEETING AUGUST 8, 2011 Councilmember White stated that they just learned this afternoon that this substitute bill was going to be asked for and that it was going to be for $200,000 versus the $1 million dollars. Councilmember Varner asked if they approve the appropriation tonight for the study will the administration come back before the end of year to ask for the additional money. Mr. St. Clair stated absolutely. Councilmember Varner stated that he doesn’t believe that there is an ample time line. He stated that this has been drug out for quite a long time already. He stated that many of us want to see a Miracle Park happen, but they want to know what the plan is before coming back and they need to know whether it is acceptable in the scope that is being looked at. He stated that it is the scope that is the problem. He stated that he doesn’t believe that there is anyone that doesn’t want to see a Miracle Park occur. He stated that he believes that there is an attempt to morph this project into an enormous project far beyond the original intent. Councilmember Dieter asked when the administration will come back to the Council. Mr. St. Clair stated that obviously if they get funding tonight they would like to start immediately on the planning process. They will have representatives from Miracle Inc. come into town in September and sit down and some discussions with those representatives, and continue discussion with the local stakeholders. They will look at different sites, and as the Mayor mentioned a whole litany of things that they need to do if they have funding to do. Right now they don’t have a whole lot of funding, so it’s been pretty tough to put a feasibility study together when they are just trying to work on it during their free time. Councilmember Dieter stated that without the funding, they cannot do the planning. Mr. St. Clair state that is absolutely correct. Councilmember Oliver Davis asked if part of the budget process for 2012 would include Miracle Park and would it be contingent upon the passage of this bill? Mr. St. Clair stated that it is. Councilmember Oliver Davis stated that the budget process could not be itemized without this plan. Mr. St. Clair stated that is correct. 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: th Carol Davis, 412 S. 25 Street, South Bend, Indiana Ms. Seago, 55536 Moss Road, South Bend, Indiana K.J. Anderson, Molly Anderson, 2015 Cedar Street, Mishawka, Indiana Antonia, 3114 Colony Ct. Mishawaka, Indiana Dr. G. Davis Moss, Sarah Moss, 22057 Sandybrook Drive, South Bend, Indiana Diane Mendelsohn, Glenn Swank, (no address given) Lori Giszewski, 4610 Lincolnway West, South Bend, Indiana Zac Smith, 1536 Cobblestone, Granger, Indiana Liz McKinley, 1425 Wall Street, South Bend, Indiana Rich Pfeil, 51707 Oakbrook, South Bend, Indiana Renee Provost, 613 Finch Drive, South Bend, Indiana Cheryl Kruk, 50649 Sean Ct., South Bend, Indiana Brittany Seago (no address given) 12 REGULAR MEETING AUGUST 8, 2011 Helen Maillioux, 18389 Gardenia, South Bend, Indiana Tom Kinnucan, 51930 Juniper Road, South Bend, Indiana Wayne Curry, 1050 Burns, South Bend, Indiana Doris Ann Doyle, 5914 Aberdeen, South Bend, Indiana Heather Downey, 55788 Redtail Ct. South Bend, Indiana Laura Williams, 18485 Garwood Ct., South Bend, Indiana Dan Harshman, 1839 Wilbur Street, South Bend, Indiana Carol Martin, 625 South St. Mishawaka, Indiana David Cobb 1440 Rosemary Lane, South Bend, Indiana Kevin Weinberg, 527 Summit Drive, South Bend, Indiana The following individuals spoke in opposition to this bill: S. J. Szabo, 1355 Mishawaka, Avenue, South Bend, Indiana Greg Burkowski, 20155 Roosevelt Road, South Bend, Indiana Frederick Hohman, 20797 Gatehouse Drive, South Bend, Indiana In Rebuttal, Mayor Luecke stated that Mr. St. Clair and his staff have done an extraordinary amount of work to define the scope of this potential development. They have done it in their space time which they don’t have, they have done it relying on volunteer time from consultants and have taken really as far as they believe they can relying solely on staff and that volunteer activity. Mayor Luecke stated that is why they are asking for funding to be able to hire professional support to define some of these parameters that are of importance to all of us, such as site location, scope of the project, potential partners, funding sources, a business plan for this park as they move forward. He stated that he believes this is an appropriate investment on the part of the community and will allow them to look at doing phases to allow them to look at the opportunities to provide access for all and they believe that this is a significant part of the population who ought to have the opportunity for recreational facilities as well. Phil St. Clair stated that their experience with the access for all grant at Potawatomi which was a significant project and the end result was $900,000 spent. He stated that they had a steering committee, including local stakeholders that would have the most to gain with the up grades at Potawatomi. He stated that they are meeting with several agencies in town and with Challenger Little League. He stated that if he counted everyone that he has talked to regarding this project that has a tie in with a group that would benefit from this that number is roughly 250 people. He stated that they have had a lot of discussion and they know the folks that they need to bring to the table to get more specific detail and they have had some discussion with some people that don’t have special needs concerns but are willing to help in other ways. He stated that they need a plan, they have worked internally they have also worked with the stakeholders and don’t think for a second that the stakeholders haven’t had any input at all with as to where they are at this point in time. There is a lot more that has to be done. He stated that they need the benefit of some revenue and resources to sit down and plan and get the detail to the Council that will allow for the actual funds for the construction. st Councilmember Puzzello advised that this is the 1 public hearing on this bill and the first of quite a number to come. She stated that there have been discussions with those people who have the knowledge of what it takes to make this project come to fruition, preliminary studies have been done now its time to make sure that it has been in a way that will suite the city’s situation. Now is the time to have the public hearings and appropriating the money for consultants to review what has been done to date. They can start with finding a site, a better location. She stated that she very much wants everybody to come together on this project. She stated that South Bend is the largest City in the region and with that they have the responsibility to have a lot of inclusion and accept all different kinds of situations and people. She stated that she people visiting from out of town that were of Russian Orthodox Religion and was very surprised when she was told that South Bend has a Russian Orthodox Church. She stated South Bend has something to offer to all people and Miracle Park will add to that inclusion. Children of special needs throughout the region need a place to work and play and hone their skills just like everyone else does. She stated that she believes as being the largest city in the region, we 13 REGULAR MEETING AUGUST 8, 2011 should be place to want build it. She stated that she is in favor of this bill and appreciates the way the bill was brought forward and feels that this bill will allow for the next step in the very important process of planning. Councilmember Oliver Davis stated that as a Social Worker and more importantly as a father who has taken his daughter Star down to Riley’s Children’s Hospital several times over the last two years. He stated that if you have ever had to take a child to Riley, it is a humbling experience when you enter the hospital for the first time. When you arrive in Indianapolis, here is this enormous hospital just for kids. All the parents who are there are terrified when you child is sitting there and you are trying keep up a front, because your child is looking at you for support and strength. He stated that with all due respect to the comment that was made for spending money for just a few people that day at Riley made him feel that he was just a few people. It’s a totally different story when you are just one of those few people. He stated that our tax money should be used for just a few people and it should be used to take care of all of people, because we are all a part of South Bend. It’s different ballgame when you are a parent and we have to look out for all of our kids. He stated that he is definitely going to be voting for the feasibility study. $200,000 is a lot of money, however, he understands the nature of a feasibility study, a lot of other organizations have had them done and that money goes toward that. He stated that yes, the project could have been presented in a different way, but the fact that the administration has backed off and are going to only do this part of it answers the questions that have been raised. This gives the Council and the administration where the best location is, what part of South Bend, is there an existing park that could be used. He stated that they have to lead this City forward and continue to be an All America City. Councilmember White stated that she supports Miracle Park. She stated that she has never said that she doesn’t support Miracle Park, but she thinks that it is very important that the public realizes that there is a process and when they talk about stakeholders, the Council is a very important stakeholder as well. She stated that she wanted it on the record that when they became aware or she became aware of Miracle Park was the latter part of the Spring Semester, so she doesn’t want the public to think that there have been years that the stakeholders have been involved in conversations and collaboration. She reiterated that the Council must be part of those discussions, to come to a meeting today and to discover that the bill that is before us has been reduced to $200,000 and have a short amount of time to articulate or ask questions is not the best use of their skills, but also if the public, if she would get a call tomorrow and she were to be asked that $200,000 for a feasibility study, what does that mean. How much is going to different parts of the feasibility study, will that be bid out, she thinks that there are still a lot of questions that need to be answered. She reiterated that she supports Miracle Park, but does not support the process, she does not support the lack of transparency from the Council level and she wants the public to know that. She stated that she does believe that it they were to ask the administration to come back and look at that $200,000 and at least give them some sense of how those dollars would be allocated. She stated that she thinks that there would be 100% support. She stated that again it is not that she doesn’t support Miracle Park, but that she has some difficulties with the lack of transparency, the lack of involvement from the Council and the Council is a very critical stakeholder. She stated that she did ask the administration during the Committee Meeting to really come back to the Council in terms of giving more detail outlining how those $200,000 dollars will be allocating in terms of the feasibility study. She stated that she thinks that is the least that this Council should be asking and that they have to be good care takers of the tax payer’s dollars and be in a position to be able to respond to the constituents of the city and she stated that she does not have that particular information at this time. Councilmember Varner stated that while some may have been involved in discussions on this project for many years. He stated that the real text of this project has come to the Council within the last three or four months. He stated that some of us are scratching our heads is because when it was originally described and presented at one point in time that there would $800,000 to acquire land and that land that was talked about was outside the corporate city limits. And those of us that were scratching our heads said why we would pay $800,000 dollars for land when the city has a lot of land within the corporate city limits. Why would we consider building something like this outside the corporate city 14 REGULAR MEETING AUGUST 8, 2011 limits, he stated that he supposes that it would have been annexed, but it just didn’t make a lot of sense and that is what is generating a lot of these questions. He stated that he would like to see Miracle Park, but doesn’t want to be nickel and dimed over the next four years that they need this and they need that. He stated that he wants to know what it is going to be; and know what it is going to cost; and how are we going to pay for it. Quiet honestly that has not been forthcoming. He stated that now some of these resources will help that and may well explain it. He stated that he would have had a heck of a time explaining to folks at some point in time whether they were part of the organization that is supporting this or not why they spent a lot of money to buy land outside of the City of South Bend so they could build this park. He stated that is the nature of it and most of us want to see something happen, they want to see what it is going to be, what is it going to cost and how are we are going to do it. He stated that as we are looking for partners, he stated that he kept track of people who spoke; there were five from the City of South Bend, two that didn’t give their address, seven or eight from Mishawaka and the rest from the County. He stated that they have some people or partners that need to be approached and should have some resources to help support it. He stated that he doesn’t believe that the City should have to shoulder it alone. He stated that is one of the chores that the City is going to have to get other people to help us out. He stated that he hopes they don’t forget those other entities as this plan comes about. He stated that as the plan comes together, he would be happy to support it, to the extent that it is feasible. Blanket appropriations without explanations are totally inappropriate. As much as everyone wants to see this happen, we have to be responsible about it. He stated that he will not be supporting the request for $200,000, but if he gets information which makes sense, he will be happy to join in. Councilmember Henry Davis stated that earlier he became a bit emotional; his tone was probably pretty high and may have sounded a bit adversarial. He stated that one thing that he does know is that he worked in child support for three years and one of the things that happened while working in child support as a caseworker, he had the opportunity to deal with some sort of a broken family or broken home structure and one thing that he found out is that no one ever came out unscathed or unharmed and no one left happy. He stated that even if one parent was awarded all the back support or not, no one came out happy and that was because there were children involved. He stated that he is a father and has been a father for three years. He stated that his son is not handicapped, disabled in no sort of way, however, his father has MS. He stated that at times he has issues with seeing, walking and participating in physical activities, so he understands. He stated that his job when he was elected to public office was to make sure over the city trust and make sure that they make good decisions based upon reports that are given to them. He stated that he said yes, the report was irresponsible, the way that it came up why someone couldn’t show up with a report. He stated that he doesn’t find anything that the Council is asking for are very difficult. He stated that as this project has been discussed over the past several months there was time to put together a plan and show that there was a plan and now in the eleventh hour which was about two hours ago a new idea of appropriating $200,000 and say they need to do a study, now where those two measure out he doesn’t know, but it sounds like someone doesn’t know what is going on or really does not have a plan. He stated that they are elected to office to make sure that their decisions are fitting for the growth and development of the City of South Bend and all the tax payers within it. He stated that if they cannot do that as a part of their job none of us need to be in public office, none of us need to be department heads, none of us need in public service period. He stated that it is the Council’s responsibility to have a defined plan, clearly there is not a defined plan for this project. He suggested continuing this bill when a plan is derived and then come back and asking for the appropriation. He stated that he is willing to work with the administration, but as it states right now and what has happened over the last three hours, all the emotions that have felt, he doesn’t like being put on the spot, dealing with people’s kids. He doesn’t like that at all. He took offense and took it very personal, because we are dealing with people’s children and no one sees past their children as they shouldn’t. He stated that the City of South Bend did that, they didn’t do that, we did that and that is wrong. Councilmember Kirsits stated that for over six years he was Vice-President for one of the best Little League’s in South Bend: Chet Waggoner. Councilmember Kirsits stated that 15 REGULAR MEETING AUGUST 8, 2011 for those six years he cut the grass and spent most of the summer away from his wife and kids. He stated that he made it a field of dreams. He was delighted when he heard that Challenger Little was going to play ball at Chet Waggoner and then crushed when he learned that the base paths weren’t wide enough for children and the field was not accessible for wheelchairs. He was shocked to learn that they used the farm field which was a trash field because it was flatter and more accessible for the kids. He stated that he had hoped that Chet Waggoner would be able to support Challenger Little League but that did not happen. Little League in itself has many challenges in trying keep kids playing, having the parents support the ballpark and their players. The idea of having District 11 try to raise funds to build a park, but that did not come to fruition. He stated that this is a difficult project, but so was the East Race, Coveleski Stadium, and the Belleville Softball Complex did not come without controversy. He stated that he could not imagine South Bend with out those facilities. Councilmember Kirsits stated that if this project is done right it could be something major for the community. He reiterated that he wasn’t sold on the site selection and he doesn’t believe in giving money to do studies, however, he does believe in Phil St. Clair and how he manages the Park Department Budget, pinching pennies, make his employees work with less and have seen the accomplishments that Phil has made. He stated that it those reasons that the City needs this park and needs to step up and make this happen. He stated that he will be voting in favor of this bill because he believes that Phil will be a good steward and use the money appropriately to the city of World Class Challenger Little League Park. Councilmember Dieter stated that he appreciates everyone’s input and encourages everyone to speak their mind. Whether it is in favor or against a project that is why they are here tonight to hear everyone’s opinion and made a decision on what’s best for the City of South Bend. He stated that sometimes in government things are not just spelled out A, B, C, and that is why they have discussions and meeting after meeting to get the fact and understand where everyone is coming from, that is the nature of government. He stated that he too agrees with Councilmember Kirsits that Mr. St. Clair will do the right thing with the appropriation and will be voting in favor of this bill. Councilmember Rouse stated that they can pass this bill tonight because the vote would be 5-3 in favor. He stated that some Councilmember’s are uncomfortable with just giving the entire $200,000 appropriation. He suggested making the money available like a grant and every time that they are planning to do something they would have to before the Council before they could go forward with drawing on the appropriation. Councilmember Rouse complimented Mayor Luecke in rethinking the strategy and not asking for the $1 million dollars. He stated that he believes this project has been going on for approximately 35 years in his lifetime and started with Logan and the Special Olympics. He stated that he believes this project is crucial to South Bend. He stated that he would still like to see the City look at Bill Hojanacki’s process, and bring in other partner’s like St. Joseph County because South Bend has to look at other funding sources and cannot foot the bill by itself. Mayor Luecke stated that he is unfamiliar with the process that Councilmember Rouse is suggesting. He asked if every time money is spent out of that appropriation they would report back to the Council or every time money is needed they would have to come before the Council t ask for it. Councilmember Rouse stated that because some Councilmember’s are uncomfortable with just giving the entire $200,000 dollar appropriation at one time this would be a better way to handle it. Phil St. Clair stated that when they are approved for capital improvement appropriations they are scrutinized by the Board of Park Commissioners and are mandated by the State Board of Accounts to do that. He stated that the Board of Park Commissioners must sign off of any capital improvement projects. He assured the Council that there will be considerable oversight. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Oliver Davis seconded the motion 16 REGULAR MEETING AUGUST 8, 2011 which carried by a roll call vote of five (5) ayes and two (2) nays (Councilmember’s Henry Davis and Varner) and 1 abstention (Councilmember White.) Councilmember White wanted the record to reflect that she abstained from voting on this bill. Councilmember Oliver Davis made a motion for a ten minute recess. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. The meeting was reconvened. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Timothy Rouse, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 10:15 p.m. President Derek Dieter presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 10107-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY(S) LOCATED AT 429, 423, 431, 425 COTTAGE GROVE AVENUE AND 426 CUSHING STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Dieter made a motion to amend this bill as in the committee of the whole. Councilmember Varner seconded the motion, which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Rouse made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. (Councilmember Henry Davis was not present in the Council Chamber at this time to vote.) (Councilmember Davis returned to the Chamber at this time.) ORDINANCE NO. 10108-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1007 NORTH BENDIX DRIVE AND PART OF 1025 NORTH BENDIX DRIVE, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 17 REGULAR MEETING AUGUST 8, 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. ORDINANCE NO. 10109-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9 ADMINISTRATION, SECTION 21-09.03 BOARD OF ZONING APPEALS AND ARTICLE 14, SUBDIVISIONS, SECTIONS 21-14.04 MINOR SUBDIVISIONS, 21-14.05, MAJOR SUBDIVISIONS, 21-14.06, SUBDIVISION REPLATS AND 21-14.09 (b) VARIANCES This bill had third reading. Councilmember Rouse 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. ORDINANCE NO. 10110-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO TRANSFER A PORTION OF VOORDE PARK TO HOOSIER TANK AND MANUFACTURING, INC. This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10111-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $200,000 FOR A PLANNING STUDY IN SUPPORT OF INVESTMENT IN MIRACLE PARK IN 2011 This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the committee of the whole. Councilmember Oliver Davis seconded the motion, which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and two (2) nays (Councilmember’s Henry Davis and Varner.) Councilmember White abstained her vote, but was ruled out of order by Council Attorney and told that the only way she could abstain is that if she had a conflict of interest. RESOLUTIONS RESOLUTION NO. 4114-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3520 N. BENDIX DRIVE 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 18 REGULAR MEETING AUGUST 8, 2011 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: 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: 3520 N. Bendix In order to permit: A Tatoo Establishment in a “CB” District 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 & Annexation 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. 19 REGULAR MEETING AUGUST 8, 2011 Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow a Tattoo Establishment in “CB” Community Business District on property located at 3520 N. Bendix Drive. Mr. Lyons advised that the Area Board of Zoning Appeals held a public hearing on July 6, 2011 and sends it to the Common Council with a favorable recommendation. Ms. Stacie Davis, 3520 Bendix Drive, South Bend, Indiana, advised that she is seeking a special exception to allow a Tattoo Establishment in a “CB” District. She stated that it will be used only to do permanent makeup in a Salon/Spa Establishment and be performed by a licensed esthetician and certified permanent makeup technician. A Public Hearing was held on the Resolution at this time. There being no on present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO 4115-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1122 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOHN AND JENNIFER SEJDINAJ WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1122 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Real estate in St Joseph County, in the State of Indiana described as Lot lettered B in E & M Goerner Replat as per plat thereof recorded May 19, 1988 as Instrument 8812958 in the Office of the Recorder of Saint Joseph County, Indiana. , and this property has Tax Key Number 18-5105-3666be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 20 REGULAR MEETING AUGUST 8, 2011 SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common 21 REGULAR MEETING AUGUST 8, 2011 Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. 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, Chairperson, Community and 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. Mr. Dale DeVon, DeVon Builders, 17871 St. Rd. 23, South Bend, Indiana, made the presentation on behalf of John and Jennifer Sejdinaj. Mr. DeVon advised that the petitioners intend to construct an approximate 3,000 square foot residence. The home will have four bedrooms with 3 ½ bathrooms along with a partially finished basement, a two-car garage, and a screened in porch. The project is part of the Notre Dame Avenue Housing Program and will follow the design specifications and standards required by that program. The cost of the home is approximately $600,000. Total taxed to be abated during the five (5) year abatement period are estimated at $1,893.34. Total taxes to be paid during the five (5) year abatement period are estimated at $31,837.55 A Public Hearing was held on the Resolution at this time. There being no on present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 4116-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONFIRMING THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 5102 DYLAN DRIVE, SOUTH BEND, INDIANA FOR HURON PARTNERS, L.P. WHEREAS, on August 14, 2006, the Common Council of the City of South Bend (the “Common Council”) adopted Resolution No. 3622-06 (the “2006 Resolution”), approving a nine (9) year real property tax abatement for the proposed construction of a new light industrial facility containing approximately 150,000 square feet (the “Building Project”), to be constructed by Huron Partners, L.P., a Holladay Properties entity (“Huron Partners” or “Taxpayer”), within an area located in the City of South Bend that had been 22 REGULAR MEETING AUGUST 8, 2011 designated an economic revitalization area in accordance with I.C § 6-1.1-12.1-1, ND ODE et seq.; and WHEREAS, as part of the Building Project, Huron Partners described for the Common Council that (a) the Building Project (also known as the Huron Building) would be the first improvement scheduled for construction within the Portage Prairie project, (b) the Huron Building would be a speculative building containing approximately 150,000 square feet for single or multi-tenant use, (c) the construction of the Building Project would commence in late 2006 and be completed at an estimated cost of approximately $5,000,000, and (d) the success of the Building Project would be helpful to spur further private investment in the Portage Prairie area; and WHEREAS, as contemplated as part of the Building Project, Huron Partners (a) successfully completed constructed of the Huron Building which consists of approximately 150, 00 square feet, (b) met its proposed investment in construction and tenanting costs for the Huron Building, and (c) has entered into agreements with separate tenants to occupy 100% of the Huron Building (which tenants have reported their headcounts to Huron Partners during 2009 and 2010 of more than 40 employees); and WHEREAS, the (a) Building Project was first assessed for real property tax purposes as 100% complete for the March 1, 2009 assessment date for taxes payable in 2010 (the “First Tax Year”), and (b) notice of such assessment was provided in the form of a tax bill, as opposed to separate notice of assessment, received in 2010; and WHEREAS, as a result of an employee’s departure from Holladay Properties, the Taxpayer (through an inadvertent oversight) did not timely file a Form 322 ERA/RE “Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas” (the “Application Form”) on the Huron Building which was to be filed within thirty (30) days after receiving notice of an assessment for the First Tax Year (as contemplated under I.C § 6-1.1-12.1-5); and ND ODE WHEREAS, this oversight was an unusual occurrence for Holladay Properties, which pays significant annual real property taxes and has made diligent efforts in good faith to make all required Indiana tax filings (including abatement filings) on a timely basis; and WHEREAS, the Taxpayer filed a belated Application Form to claim benefits of the property tax abatement for the First Tax Year (together with its filing of an Application Form to preserve the benefit of property tax abatement for subsequent years) with the St. Joseph County Auditor, which Application Form was denied due to the belated nature of the filing; WHEREAS, the Common Council recognizes that (a) the Taxpayer fulfilled its pledge to build a new light industrial facility in the City of South Bend and thereby to enhance the tax base and support employment in the City; (b) the Taxpayer has requested a waiver of its inadvertent oversight for late filing of the Application Form to claim benefits of the tax abatement for the First Year, which the Common Council has the power and authority to approve under Indiana law, and (c) the Taxpayer would have been entitled to receive the tax abatement benefits for the First Year had no noncompliance event occurred; and WHEREAS, the Indiana General Assembly has expressed the policy of this State by enacting laws that expressly permit tax abatement noncompliance events such as the untimely filing of an Application Form to be waived; and WHEREAS, the noncompliance event has been corrected, and a public hearing of the Common Council has been held on the subject of this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: 23 REGULAR MEETING AUGUST 8, 2011 SECTION 1. The Taxpayer has presented testimonial and documentary evidence supporting the Taxpayer’s (a) fulfillment of its obligations detailed in its original Statement of Benefits and its application for tax abatement related to the construction of a 150,000 square light industrial facility in the City of South Bend at 5102 Dylan Drive, South Bend, Indiana (the “Property”), and (b) inadvertent oversight leading to a belated filing of the Form 322 ERA/RE “Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas” to claim the benefits of tax abatement for the March 1, 2009 assessment date on the Property. SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude that the Taxpayer has fulfilled its projected plans to construct new improvements contemplated as part of the 2006 Resolution (the “Abatement”) and that its belated filing of an application required to claim the benefits of the Abatement as of March 1, 2009 (for taxes due and payable in 2010) was inadvertent. SECTION 3. The Common Council hereby waives all matters of noncompliance that may be waived under State and local law regarding the late filing of applicable deduction applications in order for the Taxpayer to claim and receive the benefit of tax Abatement on its investment in new building improvements contemplated as part of the 2006 Resolution as of the March 1, 2009 assessment date, all as is permitted under I. ND C § 6-1.1-12.1-11.3 (including specific waiver of any and all nonconformities ODE relating to the requirement, under I.C § 6-1.1-12.1-5 that economic revitalization ND ODE area deduction applications be timely filed with the county auditor to claim property tax abatement deductions for the 2009-Pay-2010 tax year). SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies and reaffirms: (a) the 2006 Resolution; (b) the tax abatement application and statements of benefits of the Taxpayer; and (c) the recitals of this Resolution. The Common Council and the Clerk of the City of South Bend are authorized to take all such further acts and execute and deliver all such further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary to give effect to this Resolution, all without further application to or formal action by the Common Council. SECTION 5. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Rouse, Chairperson, Community and 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. st Mr. Richard Deahl, Attorney, Barnes & Thronburg, LLP, 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill on behalf of Holladay Properties and its affiliate, Huron Partners, L.P. Mr. Deahl advised that due to employee turnover, Huron Partners inadvertently missed the 30 day window to claim the benefits of the abatement for the 2009 pay 2010 tax year. He stated that this bill would allow the waiver of the non-compliance in order to restore the tax abatement benefits to which Huron Partners would have received has it timely field the application. A Public Hearing was held on the Resolution at this time. There being no on present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 24 REGULAR MEETING AUGUST 8, 2011 RESOLUTION NO. 4117-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE CITY ADMINISTRATION’S REQUEST FOR THE SOUTH BEND REDEVELOPMENT COMMISSION TO APPROPRIATE AN ADDITIONAL $400,000 OF TIF FUNDS TO COMPLETE THE FINANCING OF A NEW SBACC FACILITY WHEREAS, South Bend Animal Care and Control (SBACC) was started as a program of the City in 1996 in order to provide more effective services for the residents of our community; and, WHEREAS, SBACC staff have developed vibrant partnerships with C.A.R.E., Pet Refuge, Brown Mackie College, Heartland Small Animal Rescue and other groups interested in the health and welfare of animals; and, WHEREAS, the staff, volunteers and partners of SBACC continue to provide exceptional service for South Bend, responding to emergency calls 24/7/365 and handling over 4,000 animals a year; and, WHEREAS, the facility at 105 N. Olive Street is inadequate to provide housing for the number of animals detained by SBACC and to provide space for the adoption, spay/neuter operations, and isolation of animals with infectious diseases; and WHEREAS, the current facility is not ADA compliant and would need significant upgrades; and, WHEREAS, after many years of discussion and review, plans have been developed for a new SBACC facility at 521 Eclipse; and WHEREAS, the Common Council approved rezoning for this facility at its meeting on May 20, 2010; and WHEREAS, the South Bend Redevelopment Commission has appropriated $1,500,000 of Tax Increment Finance (TIF) dollars for construction of the new facility. 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 supports the continued operation of Animal Care and Control functions by the City and believes that construction of a new SBACC facility is in the best interests of the residents of South Bend. SECTION II. The Common Council recognizes the important animal care services provided by the Humane Society of St. Joseph County and encourages SBACC officials to work with the Humane Society to ensure that pets are returned to their owners at a reasonable cost, to cooperate in handling animals from each other’s jurisdictions, and to actively work to minimize the number of animals euthanized in St. Joseph County and the City of South Bend. SECTION III. The South Bend Common Council is grateful for the assistance provided by the South Bend Redevelopment Commission to build this new facility and supports the additional appropriation request for $400,000 of TIF funds to complete financing for construction and soft costs for this new facility. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. 25 REGULAR MEETING AUGUST 8, 2011 s/Derek D. Dieter Member of the Common Council Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee did not hold a Public Hearing on this bill this afternoon due to limited time constraints and therefore sends it to the full Council with a no recommendation. Councilmember White stated that she would have liked to see a report like the one that was given to the Council on SBACC on Miracle Park. Council President Dieter asked everyone present tonight please be cognizant of their behavior. This is a very emotional issue on both sides. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd, South Bend, Indiana advised that this bill before the Council tonight is just a statement of policy, he is not asking for any monies to be appropriated. He stated that the Redevelopment Commission has already appropriated the $1.5 million dollars for this facility and as they went out to bid and found the project will cost $1.9 million dollars. He stated that they are prepared to go back to the Redevelopment Commission for the additional $400,000. He stated that they had deferred action on the additional appropriation because the Council sent a letter asking them to do so. He stated so that what he is asking is for a thumbs up or down for this facility. He advised that this bill commends and supports South Bend Animal Care and Control (SBACC), a City program which has provided excellent services in the care of animals within the City since 1996. Mayor Luecke noted that this Resolution further recognizes that the current SBACC facility at 105 N. Olive Street is inadequate to provide housing and other services for the thousands of animals its handles each year. Most importantly, in light of all this, the Resolution endorses the building of a new facility through the South Bend Redevelopment Commission and supports the Commission’s appropriation of $400,000 in TIF funds to complete financing for construction and related costs of a new SBACC facility at 521 Eclipse. Mayor Luecke stated that a budgetary analysis was conducted for South Bend Animal Care and Control by Crowe Horwath on August 8, 2011. A copy is on file with the Office of the City Clerk. Catherine Toppel, Director, Code Enforcement and Gary Libbey, South Bend Animal Care and Control presented a power point presentation. A copy is on file with the Office of the City Clerk. Ms. Toppel stated that she has been Director of Code Enforcement since 2002. She stated that South Bend Animal Control was founded in 1996. They believed that they could provide more effective services for the residents of our community. The currently handle over 4,000 animals a year and over 7,000 calls for service. Officers available on call 24/7 even on Christmas. She stated that they partner with local rescue agencies such as Pet Refuge, Pets Connect and Brown Mackie College. She stated that their current building is over 100 years old. It was originally designed as a fire station. She state that space is limited and that the building in not handicap accessible. Poor ventilation prohibits odor control and an outdated kenneling system requires excessive labor to keep clean and keep out disease. She stated that the new facility will be at 521 Eclipse Place in Kennedy Park. It was the former Housing Development Corporation and recently served as a site for Code Enforcement cleanup crews. The new facility will triple the size of SBACC’s existing facility and, officials, believe, and increase adoptions and volunteerism. The new building will be ADA compliant. She stated that the new facility will have a secure area for the quarantine of bite case animals, a treatment area for sick and inured animals, and a secured area that is protected from the elements for after-hours drop-offs. There will be a confined area to unload animals from vehicles, storage space for food and other supplies, training, meeting and cleanup facilities for staff. She stated that they began research for the new facility in 2006, discussion with architect in 2007, toured 3 facilities. In 2008, the Board of Public Works approved the contract, bid for construction canceled in 2009 due to HB 1001. In 2010 the Redevelopment Commission approved TIF funding for the project. She stated that the attorney’s have said that this is an infrastructure project and that is what TIF monies are for. She stated that the new animal shelter will be a public facility 26 REGULAR MEETING AUGUST 8, 2011 that will allow the City of South Bend to better serve its 101,168 residents based on the 2010 Census as well as its estimated 25,575 canine residents and estimated 28,853 feline residents not including feral cats. She stated that unfortunately they are euthanizing over 2,500 animals a year and have 19 kennels. She stated that everybody can build a shelter to make money or build a building to try to make money, it’s not always about money, and it’s about bringing down the euthanasia rate. She stated that she wants to become a model city for animal welfare and to balance safety in our neighborhoods they are Animal Care and Control along with the human treatment of animals. To ensure our neighborhoods are safe places to live and play, to ensure pet owners take care of their animals. To make sure that abuse, neglect, fighting and abandonment are not tolerated by us or our residents. She stated that they want to provide a safe haven for all animals. She stated that they want to improve access to low cost spay neuter resources, both public and private. Increase the live transfer rate to other rescue group. Establish a community where pets and all animals are valued and respected and their importance is interwoven into the fabric of our community. She quoted Charles Darwin “The love for all living creatures is the noblest attribute of man.” She reiterated approximately a little over 101,000 resident of the City of South Bend and their per capita rate is $5.00 per person. The Human Society is $6.67 based on their annual report. The cost for handle per animal that comes into the shelter right now is $125.00 per animal. The Human Society’s is $200.00 per animal. She stated that based upon the Crow Horvath Report that was presented tonight, by the Mayor; there are approximately 191,000 differences every year. That will pay off a new facility in ten years and this facility is needed for the residents of the City of South Bend human, canine and feline. She stated that they have proven themselves to provide the level of service that the community expects, it has been 15 years, she stated that the Chamber’s are full of supporters tonight who have sat here for a very long time and the Council is aware of all the e-mail’s, some clearly not from South Bend, but the majority were from South Bend and St. Joseph County in support and worked well with many organizations. She asked for the Council’s favorable support of this Resolution tonight. Mayor Luecke advised that they believe that there is room for two Animal Care and Control facilities but a need for two Animal Care and Control facilities in terms of accessibility, in terms of care for the animals, in terms of improved adoption rates and fewer animals euthanized. He highlighted some points from the Crow Horwath report that is a simple budgetary analysis that shows the current cost of operation and the expected operation cost with the new facility and then compares with the proposal by transporting animals to the Human Society. He stated that Exhibit A shows approximately $63,000 in revenue during the year and that is everything from licenses to pet reclaim fees to pet adoptions and other fees that go into that $63,000 revenue. Budgeted Operating Expenses are approximately $524,000 and noted that the first two lines are the largest expenses and they are salaries and wages and benefits for the employees and have 8 ½ full-time employees for Animal Care and Control. He stated that when you net out the annual cost of operation is approximately $461,000 for the current facility. Exhibit B then looks at operations for the new facility. The base line is approximately $63,000 in revenue and believe that because of the new space there would be the opportunity for more adoption and hold animals longer for more opportunity for reclaims of those animals as well and also more opportunity for donation. So they have estimated a 15 % increase in revenue and can see that under Estimated Revenue Increases and bring the total estimated revenue to approximately $69,000. The show budgeted operating expenses the same for the current facility and that is because now they believe that it is a much more efficient facility that the utility cost would be equal to or less than the current facility and obviously the maintenance cost would be much less with a brand new facility than with the existing structure. So when you net out the revenue from the operating expenses you come to a net cost of about $455,000 per year for the new facility. Then as they looked at the cost of transporting animals to the Human Society and he wanted to clear of the assumptions that he would be making in this that the staff at SBACC and he believes that they would still need to maintain the existing facility for animals in between times when they are able to transport them. So they are not off- loading that expense of the existing facility. He stated that they would still need 7 ½ full time employees to run the operation, and that is the five (5) animal control officers, who receive phone calls, dispatch the care, and send out notices and all the paperwork 27 REGULAR MEETING AUGUST 8, 2011 associated with that. He stated that would show a reduction of one (1) employee as he compared the budget and when you look at salaries and benefits that is approximately $44,000. He stated that there would be a boarding cost at the Human Society of $36.00 per animal and the current animal load is 4,100 per year so that comes to $148,000 as an additional expense. Mayor Luecke stated that they believe that because of the transporting that there will be a number of days per year that they would incur overtime costs, and estimated to be $12,000 per year and of course there would be a fuel cost to transport back and forth of approximately $5,000 per year. He stated that what they do not show on this list is that the current facility does need improvements as well if they are going to continue to use it. He stated that they believe that it needs approximately $500,000 in investment which they believe would be phased in over several years. He stated that they don’t show that as part of the calculation but wanted to point that out as an expense that could be there long term under this situation. With the proposal to house at the Human Society the revenues would go to the Human Society as well and would not get that offset. So net annual operating expenses they believe under this proposal would be approximately $645,000 per year. He stated that roughly a $190,000 more than their current projection for operating with a new facility which would net out the cost of the facility in ten (10) years. He stated that he believes this is a good investment for the community. He asked the Council for their favorable consideration of this Resolution and to allow them to move forward with the Redevelopment Commission to allow additional funding so that they can begin on construction of the new facility. He reiterated that this Resolution is a policy statement asking for support of both the operations of Animal Care and Control and for the proposal to build the new facility. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill: Kelly Pickell, 1103 Kinyon, South Bend, Indiana S.J. Szabo, 1355 Mishawaka Avenue, South Bend, Indiana nd Pam Wesolowski, 1103 32 Street, South Bend, Indiana Zac Smith, 1536 Cobblestone, South Bend, Indiana Bill Sikes, 18927 Darden Road, South Bend, Indiana Erin Blight, 302 E. Woodside, South Bend, Indiana Rebecca Kizer, 913 Diamond, South Bend, Indiana Valerie Schey, 1314 E. Wayne Street, South Bend, Indiana th Brad Broydon, 740 E. 6 Street, Mishawaka, Indiana Gary King, 730 N. Hill Street, South Bend, Indiana The following individuals spoke in opposition to this bill: Fred Ferlic, 830 Oakridge, South Bend, Indiana Wayne Curry, 1050 Burns Avenue, South Bend, Indiana In Rebuttal, Mayor Luecke advised that tonight we have seen the partnerships that South Bend Animal Care and Control has made over the years. He stated that there have been thousands of hours that volunteers have given to SBACC and to benefit the community and care for the animals and help get them adopted. Mayor Luecke reiterated that the bill before the Council tonight is a policy statement that asks for a thumbs up or down in supporting SBACC and the proposal to build a new facility. He stated that they believe they have made their case and the numbers from the Crowe Horwath report show that it is less expensive to build a new facility than to house the animals at the Human Society. He stated that they do believe in consolidating departments and will look for ways to continue to grow the partnership with the Human Society. He reiterated that he believes two (2) facilities makes sense for our community, for the residence, for better service, for our staff, for better working conditions, for the animals that are housed there and for fewer animals that would be euthanized there. He stated that sometimes consolidation doesn’t always make sense. He stated that certainly if we had only one library in St. Joseph County it would be less expensive to operate but it wouldn’t be as successful to residents in our community if we had only one hospital or one school system, so to go to one isn’t always the right answer. He stated that if you look at the services that the staff 28 REGULAR MEETING AUGUST 8, 2011 at SBACC is able to provide he believes that it warrants the new facility that they believe makes sense economically as well as providing service to residents and animals in our community. Councilmember Oliver Davis thanked everyone for being here tonight. He thanked everyone at SBACC when his daughter was bit last year. He stated that using TIF monies makes sense and those monies can only be spent on certain projects. He stated that these are not general fund monies. Councilmember Oliver Davis advised that they have already approved this project and recognize that sometimes things have to be changed and those changes came about with the recommendations from the Energy Director in making this facility more efficient. He stated that he would be supporting this Resolution tonight. Councilmember Varner stated that when this project was first brought to the Council he actually voted for this project. He stated that because at that time the two facilities for animal care and control were abysmal facilities. However, since then the St. Joseph County Humane Society has built a new facility, a wonderful facility. He stated that he wishes that they could have had discussions without all the venom, hostility and resentment. Because no matter how people think they handle their business, they do a wonderful job, they work hard and they raise money. He stated that this should have never been about the organizations themselves, it should have been about the discussion. Now we have a new facility in St. Joseph County, ready to expand, a wonderful facility, it doesn’t matte whether it’s in South Bend or Mishawka, they in fact are a County facility. He stated that in regard to the e-mail’s that Ms. Toppel made reference to, there were far more from Calgary, Canada and Australia than from South Bend and anyone who looked at them couldn’t deny that they were chain letters, not to take away the fact that people actually took the time to respond. Councilmember Varner stated that as far as the Crowe Horwath report is concerned it is summed up in the third paragraph “In the course of preparing this Analysis, we have not conducted an audit of any financial or supplemental data used in the accompanying Exhibits and Schedules. We have made certain projections that may vary from actual results because events and circumstances frequently do not occur as estimated and such variances may be material. We have no responsibility to update this Analysis for events and circumstances occurring after the date of this Analysis.” He stated that what is missing from the administrations presentations is the approximate $100,000 of capital costs, which is a $2 million dollar facility over 40 years plus the maintenance for that facility. He stated that if we honestly think that we can continue to do business as we have in the past, we are going to have two very expensive facilities doing the exact same thing just doesn’t make sense. He stated that if we are truly all about taking care of the animals it shouldn’t matter where and it is not a contest of who is better. He stated that he would have felt better about this if the city would have accepted the proposal from the Human Society over a year and half ago to negotiate and the city let it ride. He stated that there is a better way to do this and cannot support this bill tonight. He stated that he wishes everyone would put their differences aside and consider the welfare of the animals. This is not the way, there is another way. Councilmember Henry Davis stated that he understands both sides and has some concerns. He stated that his concern is not having any say so on a board or commission that receives money from the City of South Bend. Councilmember Kirsits thanked everyone for all the e-mails, he stated that he received an e-mail from New Dehli. He stated that he believes in consolidation of city services and what has gone on in Marion County with their police and fire departments. He stated that some times consolidation doesn’t always work depending on location. He stated that the County and City Building Departments consolidated and that has worked well. Mishawaka did not want to play together, so they have their own building department. He also stated that when South Bend Fire offered their services to the entire county, Mishawka once again did not want to get involved and continues to maintain their own EMS. He stated that he has some concerns for the Animal Control Officers and for their welfare when they are out on a call to pick up an animal. They need to be trained in enforcement and to be better protected when they are on those calls to owners who are 29 REGULAR MEETING AUGUST 8, 2011 not responsible enough in owning a pet. He stated that they are using TIF Dollars for this project and not general fund monies. Councilmember Kirsits stated that his wife and daughter have volunteered at SBACC for community services hours that his daughter needed for school. He stated that he stopped by when they were volunteering and was amazed on awful the smell was and immediately began sneezing because his is allergic to cats. He stated that Mayor Luecke has done a wonderful job during his tenure for all the services that the city provides streets, utilities, a new cop shop, and fire facilities and sincerely appreciates all that. Unfortunately, animal control was near the last in line for an upgrade and stuck in that stinky old firehouse for 15 years, now it’s their turn and they really do deserve a new place. He reiterated that it is TIF funds and an additional $400,000 on top of the already appropriated $1.5 million is warranted. He stated that he will be voting in favor of this resolution. Councilmember Dieter advised that as a first responder it is very important that we have a quick response time from Animal Control, when school children are walking to school and being chased by animals. He agreed that this has become a conflict of personalities between organizations and that should never have happened. He stated that this is about the welfare of the citizens of South Bend as well as the animals. He stated that with the new facility he likes the fact that they will be able to teach children the responsible way to care for and raise animals. He commended the SBACC staff and animal control officers for a job well done. Councilmember Rouse stated that he doesn’t like this process. He stated that the Common Council should not even be a part of this discussion. He stated that this is a Redevelopment Commission issue. He stated that on one hand you could look at this as the Council doing their due diligence. He stated that no one likes to be compared city versus county; however, we are going to have to look at combining services. He stated that money is just not going to be there in the future. This is $500,000 a year of general fund money to sustain this facility. He stated that what they don’t appropriate is the capital fund money. He stated that this is TIF money and he doesn’t understand, he calls it vague, the Mayor calls it broad, but he doesn’t understand how you can use TIF funds for this project. He agrees with Councilmember Henry Davis and his concern of giving money to an organization and then not having a say or representative to monitor how those funds are being spent. He agrees with Councilmember Kirsits that services will have to be consolidated at some point, because money just won’t be available in the future to continue to business as usual. However, he is going to be voting in favor of this bill, and going along with the administrations request, because the Council should not even be in this discussion, this is a Redevelopment Commission issue. Councilmember Dieter made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Varner.) BILLS – FIRST READING BILL NO.48-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OF TAXICAB COMPANIES, VEHICLES AND DRIVERS This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Health and Public Safety and Personnel and Finance Committees and set it for Public Hearing and Third Reading on August 22, 2011. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. 30 REGULAR MEETING AUGUST 8, 2011 BILL NO. 49-11 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF CEDAR STREET, FROM NILES AVENUE EAST, 172 FEET EAST/WEST TO THE VACATED NORTH/SOUTH ALLEY This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on August 22, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Councilmember’s Henry Davis and Karen White asked for an update on the traffic light at Xavier School. th Gary Gilot, Director, Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that the equipment is in. He stated that it is solar powered with a battery back up. Mr. Gilot stated that he will send an update to the full Council concerning this. Councilmember Henry Davis congratulated the Department of Public Works on their cost cutting efforts. Councilmember Oliver Davis congratulated the South Bend Community School Corporation and faculty and staff at Washington High School, Riley High School and The Bendix Alternative School for being taken off of academic probation by the State of Indiana. Councilmember White, Chairperson, Health and Public Safety, advised that she would like an update on Graffiti Removal. Councilmember Rouse advised that the based on recommendations received regarding the MBE/WBE Utilization Board the applicants receiving the highest number of recommendations were: Franklin E. Breckenridge; Anthony Fitts; and Kareemah Fowler. He stated that he would like to have them formally sworn-in. PRIVILEGE OF THE FLOOR Mr. Mark Elliott, 29900 Grant Road, New Carlisle, Indiana, stated that he presented and gave a copy of a proposed ordinance to Councilmember Karen White this afternoon regarding Taxi Cabs. Mr. Elliott asked if copies could be made and distributed to all Councilmember’s. 31 REGULAR MEETING AUGUST 8, 2011 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 11:55 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 32