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HomeMy WebLinkAbout01-23-12 Common Council Meeting Minutes REGULAR MEETING JANUARY 23, 2012 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, January 23, 2012 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: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th David Varner 5 District th Oliver J. Davis 6 District, Vice-President Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom 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 January 9, 2012 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 Scott made a motion that the minutes of the January 9, 2011 Meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes SPECIAL BUSINESS Council President Dieter read into the record the following: ADDITIONAL RULES OF PROCEDURE GOVERNING ORDER AND DECORUM AT COMMON COUNCIL MEETINGS 1.Beginning with the January 23, 2012, regular Common Council meeting, the South Bend Police Officer assigned to be present at such Council meetings will carry out the duties as the Council’s Sergeant-at-Arms [per SBMC § 2-7.1] This Police Officer shall initially perform such duties at a location adjacent to where the Chief Deputy City Clerk sits, and at other locations as reasonably deemed necessary to carry out such duties. 2.Beginning with the January 23, 2012, regular Common Council meeting, no one will be permitted to approach the Council Members by going past the wooden 1 REGULAR MEETING JANUARY 23, 2012 railing in the Council Chambers. Persons wishing to talk to a Council Member may meet him/her in the public seating area of the Council Chambers and/or in the hallway adjacent to the Council Chambers. 3.Public video surveillance and recording will take place at all Common Council meetings of the business being conducted and of the public. 4.Beginning with the January 23, 2012, regular Common Council meeting, a table will be located near the entrance of the Council Chambers where copies of the Council agenda, Council Rules and Procedures brochure & related material(s), and Privilege of the Floor forms for persons desiring a formal update, will be made available to the public. Council President Derek D. Dieter filed with the City Clerk John Voorde the spreading of record: 2012 COMMON COUNCIL STANDING COMMITTEES COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE Oversees the various activities of the Department of Community & Economic Development Department & the programs directed by the Division of Community Development. This Committee reviews all real & personal tax abatement requests. Henry Davis, Jr., Chairperson Karen L. White, Member Gavin Ferlic., Vice-Chairperson Dr. Fred Ferlic, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Office of Community Affairs and is charged with facilitating partnerships & ongoing communications with other public and private entities operating within the City. Valerie Schey., Chairperson Dr. David Varner, Member Henry Davis, Jr., Vice-Chairperson Oliver Davis, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. It duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Derek D. Dieter, Chairperson Dr. Fred Ferlic, Member Dr. David Varner, Vice-Chairperson Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Dr. Fred Ferlic, Chairperson Henry Davis, Jr., Member Karen L. White, Vice-Chairperson Tim Scott, Member INFORMATION AND TECHNOLOGY COMMITTEE Oversees the various activities of the City’s Division of Information Technologies in the Department of Administration & Finance so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability & access to GIS data and related technologies are just some of its many activities. Dr. David Varner, ChairpersonHenry Davis, Jr., Member Valerie Schey, Vice-Chairperson Tim Scott, Member (Parks, Recreation, Cultural Arts & Entertainment) PARC COMMITTEE 2 REGULAR MEETING JANUARY 23, 2012 Oversees the various activities of the Century Center, College Football Hall of Fame, Coveleski Regional Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, and the many recreational and leisure activities offered by the Department of Parks and Recreation. Gavin Ferlic, Chairperson Valerie Schey, Member Oliver Davis, Vice-Chairperson Tim Scott, Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations & other fiscal matters, as well as personnel policies, health benefits & related matters. Karen L. White, Chairperson Gavin Ferlic, Member Dr. David Varner, Vice-Chairperson Henry Davis, Jr., Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works & related public works & property vacation issues. Dr. David Varner, Chairperson Oliver Davis, Member Gavin Ferlic, Vice-Chairperson Valerie Schey, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities & issues related to neighborhood development & enhancement. Tim Scott, Chairperson Dr. Fred Ferlic, Member Karen L. White, Vice-Chairperson Oliver Davis, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Tim Scott, Chairperson Valerie Schey, Member Oliver Davis, Vice-Chairperson Karen L. White, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver Davis, Chairperson Dr. Fred Ferlic, Member Dr. David Varner, Vice-Chairperson Gavin Ferlic, Member SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Derek D. Dieter, Chairperson Dr. David Varner, Vice-Chairperson 2012 COMMON COUNCIL STANDING COMMITTEES ST TIM SCOTT, 1 District Council Member Residential Neighborhoods Committee, Chairperson Health & Public Safety Committee, Member Utilities Committee, Chairperson Information & Technology, Member PARC Committee, Member nd HENRY DAVIS , JR., 2 District Council Member Community & Economic Development, Chairperson Information & Technology, Member Community Relations Committee, Vice-Chairperson Health & Public Safety Committee, Member Personnel and Finance Committee, Member 3 REGULAR MEETING JANUARY 23, 2012 rd VALERIE SCHEY, 3 District Council Member Community Relations Committee, Chairperson Public Works & Property Vacation, Member Information & Technology Committee, Vice-Chairperson Utilities Committee, Member PARC Committee, Member TH DR. FRED FERLIC, 4 District Council Member Health & Public Safety Committee, Chairperson Residential Neighborhoods, Member Council Rules Committee, Member Zoning & Annexation Committee, Member Community & Economic Development Committee, Member TH DR. DAVID VARNER, 5 District Council Member Information and Technology, Chairperson Public & Property Vacation, Chairperson Council Rules Committee, Vice-Chairperson Personnel & Finance, Vice-Chairperson Sub-Committee on Minutes, Vice-Chairperson Zoning & Annexation, Vice-Chairperson Community Relations Committee, Member TH OLIVER DAVIS, 6 District Council Member Vice-President Zoning & Annexation Committee, Chairperson Community Relations Committee, Member PARC Committee, Vice-Chairperson Public Works & Property Vacation, Member Utilities Committee, Vice-Chairperson Residential Neighborhoods, Member DEREK D. DIETER, AT LARGE Council Member PRESIDENT Council Rules Committee, Chairperson Sub-Committee on Minutes, Chairperson GAVIN FERLIC, AT LARGE Council Member PARC Committee, Chairperson Personnel & Finance Committee, Member Community & Economic Development, Vice-Chairperson Zoning & Annexation Committee, Member Public Works & Property Vacation,Vice-Chairperson KAREN L. WHITE, AT LARGE Council Member Chairperson, Committee of the Whole Personnel & Finance Committee, Chairperson Community & Economic Development, Member Health & Public Safety Committee, Vice Chair Council Rules Committee, Member Residential Neighborhoods, Vice Chairperson Utilities Committee, Member Council President Dieter read into the record: Pursuant to South Bend Municipal Code Section 2-12.3, the South Bend Common Council will be accepting applications for consideration to be appointed as a South Bend resident appointment to the following boards and Commissions:  South Bend Redevelopment Commission One (1) appointment  Historic Preservation CommissionTwo (2) appointments [1 Democrat & 1 Republican as verified by the Voter’s Registration Office]  Urban Enterprise AssociationThree (3) appointments All must be residents of the UEA District 1 Democrat & 1 Republican as verified by the Voter’s Registration Office] 1 representing a business entity 1 resident 4 REGULAR MEETING JANUARY 23, 2012 Application forms are available on line from the City’s website and in the Office of the City Clerk All applications must be received no later than Friday, February 3, 2012. Interviewsare to be scheduled after the deadline date to receive applications. Persons must have been a resident for at least one (1) year prior to the appointment. All persons appointed shall servewithout compensation. All citizen appointees are required to give verbal updates to a Council Committee or the Council upon request for such updates. Applications of those individuals not selected shall remain on file in the Office of the City Clerk for one year in the event of a vacancy REPORTS OF CITY OFFICES There were no reports of City Offices. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember White, 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 White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 71-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3321 MISHAWAKA AVENUE, SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from OB Office Buffer District to SF2 Single Family and Two Family District to allow a residence. On site is a house that had been converted to a dentist’s office. To the north are single family homes zoned SF2 Single Family and Two Family District. To the east are single family homes zoned MF1 Urban Corridor Multifamily District. To the south is an auto repair business and an environmental firm zoned LB Local Business District. To the west are single family homes zoned MF1 Urban Corridor Multifamily District. The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g. public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. Prior to 2004, this property was zoned B Multi-family Residential. When the current zoning ordinance and map were approved in 2004, this property was changed to OB Office Buffer District. There have been few zoning changes on Mishawaka Avenue, and those have been for the adaptive re-use of existing structures. th Mishawaka Avenue is a two lane street with a bike lane. 34 Street is a two lane street. 5 REGULAR MEETING JANUARY 23, 2012 The property is connected to public sewer and water. According to the River Park City Planner, “the structure is one of many in that area that can accommodate, office, retail, or stth residences so it still fits in the “mixed bag” present along the 31-36 blocks.” Ms. th Nayder advised that a variance for the front yard setback on 34 Street will need to be applied for from the Area Board of Zoning Appeals. She stated that City Plan, South Bend’s Comprehensive Plan encourages reuse of abandoned and underutilized land and structures. The Future Land Use Plan identifies the area along Mishawaka Avenue as medium density residential. Mishawaka Avenue is currently a mix of residential, retail and service businesses. The most desirable use is a single family home or an office. This rezoning will not affect surrounding property values. It is responsible development and growth to allow the adaptive re-use of properties along Mishawaka Avenue. Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Ms. Nayder stated that the return of the building to its original use as a home is compatible with the neighboring properties, and the general mixed use of the Mishawaka Avenue corridor. Mr. Steven Weaver, 3321 Mishawaka, Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Weaver stated that he is requesting a zone change from Commercial to SF2 Single Family & Two Family District. Mr. Weaver stated that before he purchased the building it was being used as a dentist office. He stated that he has since renovated adding a kitchen, full bath and would like to use the property as his residence. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 72-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLERS’S PLAT & NAPOLEON STREET, ON THE EAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTH’S PLAT AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. #23), SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Councilmember Gavin Ferlic disclosed that he is a property owner and after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exits. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. 6 REGULAR MEETING JANUARY 23, 2012 Ms. Nayder advised that the petitioner is requesting a zone change from PUD Planned Unit Development District, SF2 Single Family and Two Family Districts, GB General Business District, MF1 Urban Corridor Multifamily District and MF2 High Density Multifamily District to PUD Planned Unit Development District to allow a single family residential development. On site is mostly vacant land with the exception of two houses. To the north is a residential component of the Eddy Street commons development, currently planned for townhomes. To the east are the South Bend Avenue Apartments zoned MF2 High-Density Multifamily District. To the south is a restaurant zoned MU Mixed Use District and several homes zoned MF1 Urban Corridor Multifamily District. To the west is a largely vacant block with two houses. The Planned Unit Development (PUD) District is designed and intended to” encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are proved for as a matter of right within any district of this Ordinance. The total area to be rezoned is 12.14 acres. Fifty three lots are proposed for single family homes, at a density not to exceed 7.5 units per acres. Each lot will be at a minimum of 4,000 square feet. The front setback has been set at 15’. Two new open areas are proposed: in the right-of-way of Burns Street, and in the southwest corner of the site (Outlot A.) Parking will be provided in the garages, driveways and on the street. Streets will be wide enough to allow two lanes of traffic and one land of parking. Duey Avenue will turn to meet up with Talbot Street. A new street parallel with South Bend Avenue, is proposed. The project will closely replicate traditional urban neighborhoods with the houses close to the street and garages to the rear. Prior to 2004, this area was primarily zoned A Residential, with a few exceptions along South Bend Avenue. Georgiana Street, Burns Street and Duey Avenue are two lane streets, which will be partially realigned. The proposed streets will be two lanes. Several street and alley vacations have been submitted, to accommodate the new street alignments. All the lots will be connected to public water and sewer. The Building Department notes this area falls into the Northeast Neighborhood Development Area. This development will be held to the development standards noted on the site plan. Ms. Nayder noted that City Plan encourages developers to use planned unit and traditional neighborhood development models to promote land uses along major corridors and other locations identified on the Future Land Use Map and promote home ownership with city limits. Ms. Nayder advised that Eddy Street Commons located directly to the north, is a successfully developing multi-use project, with a mixture of residential and business uses. This project is designed to be integrated into the success of the overall development in the area. The most desirable use according to both City Plan and the Northeast Neighborhood Development Area Plan is residential. New construction would likely have a positive and stabilizing effect on property values. It is responsible development and growth to follow the previously approved Plans for the neighborhood. Ms. Nayder stated that based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. The idea of revitalizing this area with new homes began in 2003 as part of the Northeast Neighborhood Development Area Plan. One of the goals of that plan was to increase and maintain home ownership. The PUD gives the flexibility for houses to sit closer to the road and lot coverage to increase by 10% over what would be allowed in the SF2 District. This project is designed to be integrated into the success of the overall development in the area. Mr. Mike Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill. Mr. Danch advised that what they are trying to do is to take all of the different zoning classifications that existed at this location over the last 50 years and combine them and put them under one zoning classification. Mr. Danch stated that after much discussion with Area Plan and the Building Department the best way to do that was through the Planned Unit Development process. He stated that it would allow them to create 7 REGULAR MEETING JANUARY 23, 2012 developmental standards for this particular development and for this subdivision. It will also allow for flexibility with side yard and front yard setbacks. Mr. Danch noted that they will develop 53 lots with park areas with a park area at the very end of the southwest corner. He stated that construction will start in the spring. 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: Marguerite Taylor, 714 Corby Blvd., South Bend, Indiana, spoke in favor of the bill. She stated that she has lived in the neighborhood her whole life and urged the Council’s favorable consideration. She stated that this project is a wonderful addition to the great things that are happening in her neighborhood. Laurel Webster, 701 W. Horward, South Bend, Indiana, spoke in favor of the bill. She asked the Council for their favorable recommendation. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 84-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE THE CITY OF SOUTH BEND CERTIFIED TECHNOLOGY PARK FUND (#439) Councilmember Dieter made a motion to continue this bill until the February 13, 2012 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:19 p.m. Council President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10146-12 AN ORDINANCE AMENDING THE ZONING 8 REGULAR MEETING JANUARY 23, 2012 ORDINANCE FOR PROPERTY LOCATED AT 3321 MISHAWAKA AVENUE, SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10147-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED AS FOLLOWS: ON THE WEST SIDE BY THE C/L GEORGIANA STREET, ON THE NORTH BY LOTS 71, 74, 107 & 110 OF HARTMAN & MILLERS’S PLAT & NAPOLEON STREET, ON THE EAST BY LOTS 13-18 & 20 OF HARTMAN & WOODWORTH’S PLAT AND ON THE SOUTH BY SOUTH BEND AVENUE (A.K.A. S.R. #23), SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried. Additionally, Councilmember White 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 nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4145-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 918 OLIVER PLOW COURT AND THE PROPERTY ADJACENT TO AND EAST OF SAID 918 OLIVER PLOW COURT, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: 9 REGULAR MEETING JANUARY 23, 2012 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: (918 Oliver Plow Court, South Bend, Indiana) In order to permit: The Approval of a Special Exception as allowed under Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance to allow for an outside storage area of 162,000 square feet (i.e. 3.72 ac.) which exceeds the maximum allowed outside storage area of 103,237 square feet or 2.37 ac. (i.e. 50% of the proposed lot property area of approximately 4.74 acres) for property located at 918 Oliver Plow Court, South end, Indiana per Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, And the Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals of St. Joseph County, Indiana, pursuant to Indiana Code Section 5-1401.5-5, requesting that a Special Exception be granted for the property located at: (Property Adjacent to and East to 918 Oliver Plow Court, South Bend, Indiana) In order to permit: The Approval of a Special Exception as allowed under Section 21-04-02 (2)(D) of the City of South Bend Zoning Ordinance to allow for a Public Passive Park for property located East of and adjacent to 918 Oliver Plow Court, South Bend, Indiana. 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 Oliver Davis, 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. 10 REGULAR MEETING JANUARY 23, 2012 Mr. Mark Lyons, Assistant Zoning Administrator, Building Department, 125 S. Lafayette Blvd, Suite 100, 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 from the maximum allowable 103,237 square feet to 162,000 square feet for outside storage and to allow a Public Passive Park. Mr. Lyons advised that the Board of Zoning Appeals held a public hearing on December 7, 2011 and sends this bill to the Common Council with a favorable recommendation. Mr. Mike Danch, President, Danch, Harner & Associates, Inc. 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill. Mr. Danch advised that the petition is requesting a special exception at property located at 918 Oliver Plow Court and the property East of and adjacent to said 918 Oliver Plow Court to reconfigure the property to create a passive public park for the Oliver Plow Memorial site which will be given to the City and the existing Rose Brick & Materials site. The special exception will allow for the creation of the passive public park as permitted by City ordinance and will allow for the continued existing outside storage area located at 918 Oliver Plow Court. He stated that they believe that the approval of the proposed Special Exception will fit the existing industrial uses in this portion of the Oliver Plow Industrial Park and the proposed Passive Park will be a public amenity located along this portion of the Oliver Plow Trail system. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4146-12 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1400 WEST RIVERSIDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1400 West Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Beginning at the Southeast corner of the Southwest ¼ of said, section 35; thence South 89 49’ 52” West (bearing assumed) along the South line of said section, 308.97 feet; thence North 89 55’ 00” West, 116.24 feet; thence North 00 00’ 27” West, 12.00 feet to the North line of a 12 foot alley; thence North 89 55’ 00” West along said North line of alley; the East line of Kessler Boulevard, 128.00 feet South 89 55’ 18” East of the Northeast addition to the City of South Bend recorded April 6, 1906 in the Plat Book 0, pages 30 and 31; thence South 89 55’ 18” East along the South line of King Street, 352.84 feet; thence North 00 00’ 27” West, 194.85 feet to a point the centerline of the East and West 14 foot alley between King Street and McCartney Street produced East; thence North 00 06’ 09” East, 128.81 feet; thence North 89 46’ 49” East 287.05 feet to the Westerly line of Riverside Drive; thence South 16 37’15” West along a chord subtending 11 REGULAR MEETING JANUARY 23, 2012 said Westerly line of Riverside Drive, 455.43 feet to the South line said section 35; thence North 90 00’ 00” West along said South line, 156.71 feet to the point of the beginning. Commencing at the Southeast corner of the ¼ of said section 35; thence North 00 00’ 30” West (bearing assumed) along the East line of said Southwest ¼ a distance of 463.14 feet to the Point of Beginning for the following described tract; thence continuing North 00 00’ 30” West along said East line 336.00 feet to the South line of Queen Street; thence South 89 56’ 09” West along said South line of Queen Street 176.60 feet, thence North 00 02’ 36” Est. 195.00 feet to the centerline of the East and West 14 foot alley between Kinyon Street and Queen Street; thence South 89 56’ 09” West along said centerline of alley, 131.27 feet; thence South 00 06’ 09” West along the East line of Lot 145 in the Third Plot of Northwest Addition recorded March 7, 1907 in Plat Book 9, page 60 in the Office of the St. Joseph County Recorder and its Northerly and Southerly extensions, 195.00 feet to the South line of Queen Street; thence South 89 56’ 09” West along Allen Street; thence South 00 05’ 51” West along said East line of Allen Street, 329.87 feet to the South line of McCartney Street; thence South 89 58’ 27” East along said South line of McCartney Street, 12.91 feet; thence South 00 06’ 09” West 6.11 feet; thence North 89 56’ 09” East 308.71 feet to the Point of Beginning. and which has Tax Key Numbers 018-2110-4065 and 18-2110-4067, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek Dieter Member of the Common Council Mr. Gerald Lerman, 2722 West Tucker Drive, South Bend, Indiana, made the presentation for this bill. 12 REGULAR MEETING JANUARY 23, 2012 Mr. Lerman advised that the proposed project will allow for the acquisition of manufacturing and material handling equipment will enable them to accommodate the increasing demand of its customers for prefabrication parts. He stated that the estimated cost of the equipment is $1,900,00.00 to $3,400,000.00. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING There were no bills for first reading at this time. UNFINISHED BUSINESS REPORTS FROM THE AREA BOARD OF ZONING APPEALS BILL NO. 12-04 A RESOLUTION OF THE COMMON COUNICL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERYT LOCATED AT 505 E. BROADWAY, SOUTH BEND, INDIANA BILL NO. 12-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PEITITON OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3826 NIMTZ PARKWAY, SOUTH BEND, INDIANA BILL NO. 12-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PEITITON OF THE AREA BOARD OF ZONING APPEALS FOR THE PROEPRTY LCOATED AT 17917 SR 23, SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to refer Bill Nos. 12-04; 12-05 and 12-06 to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 13, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis advised that he would like to send a letter on behalf of the Council regarding House Bill No. 1366 Amending Indiana Code § 6-9-1 St. Joseph County Innkeeper’s Tax Distribution. Councilmember Henry Davis also stated that he would like to have a Report of City Offices from the Street Department regarding snow plowing. Councilmember Oliver Davis stated that he is the Council’s representative to TRANSPO. He stated that the Board of Directors is a nine (9) member board, four (4) of those are Council appointments to the board. He noted that they are having difficulty getting those appointments to attend. He stated that he would like to have full participation in light of the potential changes in bus routes. 13 REGULAR MEETING JANUARY 23, 2012 PRIVILEGE OF THE FLOOR COMMENTS FROM MR. JAMES LEE REGARDING TRANSPO ROUTE CUTS James Lee, 1906 Delaware, South Bend, Indiana, thanked Councilmember’s Oliver Davis, White, Scott, and Ferlic along with the Mayor’s Chief of Staff Mike Schmuhl for attending the meeting at TRANSPO. Mr. Lee advised that the Mayor in his first speech stated that we need to come together as a city and not to be divided by a west side or a south side problem or what ever side problem. Mr. Lee stated that it was sad that the rest of the Council didn’t show up to speak to the concerns of the citizens regarding TRANSPO. He stated that this does affect the community as a whole. He thanked other community leaders and citizens that showed up. He thanked the Sister’s of the Holy Cross, Little Flower Catholic Church, Bridges out of Poverty, and a variety of small business owners to just plain citizens who were being directly affected to citizens who have never used the bus before or understand how the bus helps the community. Mr. Lee stated that he wasn’t sure if the TRANSPO hearings were even legal? He stated that the hearings that were held, the students of the Universities were out on winter break. So they had no input in which one of the routes is directly being affected by them. So are we to say that St. Mary’s and Notre Dame do not matter. He stated that if you polled the citizens of the community most of the community would say that they love Notre Dame sports, but Notre Dame as a whole they could care less about them. Because they feel like the City caters to Notre Dame and so does TRANSPO, by providing not one (1) but two (2) buses to Notre Dame. The Notre Dame suite runs every twenty minutes, while the rest of the community is lucky to get thirty. On Friday and Saturday this bus service runs until 2:00 a.m. while the rest of the community gets 9:00, 10:00 on a Friday, and 5:30 on a Saturday. Those buses are considered party buses for that Notre Dame area. Mr. Lee stated that he sure would like to have a party bus supply him he would ride it. He stated that with the economics of this other businesses won’t come to our community if we can’t get the people there. Most communities of our size or larger that have factories that cover three shifts the bus service covers three shifts or at least until midnight. COMMENTS FROM MR. GARY KING REGARDING TRANSPARENCY Gary King, 730 N. Hill Street, South Bend, Indiana, stated that there was something that happened at the last meeting that bothered him. It was done in the name of transparency and he hoped that he could keep him remarks to two minutes. There was a lengthy discussion outside of the normal format of the committee of the whole. Which involved some comments between some Councilmember’s and the Council Attorney and then there was a motion made to continue the motion for another about five or six weeks. Without talking about the specifics he also noticed that there were a couple dozen people who would have liked to say something about that issue, but the affect of the motion being made at that point to continue and the motion being approved deprived the citizens and other concerned people of their opportunity to actually present their comments, questions and information in the Public Hearing. Now whether it was a good idea or not to proceed with that particular issue he would have liked to hear the comments, but was deprived of the opportunity to hear the comments, they did not become part of the public record that would have been in the minutes. The media got to hear everything and if he really wanted a summary of what was going on he had to go to the television stations and the newspaper to find out basically what was said, but not everything that might have been said in the Public Hearing. He would have like to seen the minutes of that meeting however he understands that they cannot be publish the minutes until they have been approved and that takes almost a month from the time that the actual meeting has taken place. Mr. King asked the Council to have the minutes published with a subject to approval watermark. Maybe they could be on the website stating that here are some things that came, it might not be exactly word for word but a summary of the main points also, so that he could see what items were referred to committees and he could see it he might want to participate in that meeting or the media or whoever will know oh, this is what is supposed to come and lets be ready, do our homework, have their comments in good order. As far as transparency is concerned as long as it goes through the Clerk’s Office and it’s in the packet and it is available on the web we should all be happy. 14 REGULAR MEETING JANUARY 23, 2012 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting. at 7:42 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 15