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HomeMy WebLinkAbout11-12-12 Common Council Meeting Minutes REGULAR MEETING NOVEMBER 12, 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, November 12, 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 (7:02 p.m.) 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 rd Absent: Valerie Schey 3 District OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the October 22, 2012, Meeting of the Council and the October 29, 2012, Special 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 There was no special business to come before the Council at this time. REPORTS FROM CITY OFFICES There were no reports from City Offices at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Oliver J. Davis made a motion to resolve into the Committee of the Whole. Councilmember Scott 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 1 REGULAR MEETING NOVEMBER 12, 2012 BILL NO. 38-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA, 46619, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. David Varner made a motion to continue this bill until the November 26, 2012 meeting of the Council. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 48-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6420 US 31 S. SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT #6 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 substitute 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 SF2 Single Family and Two Family District to LB Local Business District to allow a gift shop; and three variances from the development standards On site is a vacant single family home. To the north are single family homes zoned SF1 Single Family and Two Family District. To the east is the remainder of this property zoned R Single Family District in the County. To the south is a single family home and the Southlawn Cemetery zoned SF1 single Family and Two Family District. To the west, across U.S. 31, is a single family home zoned R Single Family District in the county, and a multi-tenant office building zoned LB Local Business District in the City. The “LB” Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the “LB” Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. The area to be rezoned is approximately 0.5 acres. There is an existing 1,000 square foot house and a 600 square foot garage. Buildings cover 7% of the site. A new driveway and five parking spaces will be installed to the north of the house, covering 14% of the site. The current driveway will be relocated. This site was annexed to the City in 1998. In, 2005, the property to the southwest was annexed and rezoned LB to allow professional office or retail use. U.S. 31 is a four lane highway. The relocation of U.S. 31 will eventually leave this portion as a local street. Public sewer and water is available, but the site will continue to be served by a private well and septic system, until the septic system needs replacement. Community and Economic Development supports the relocation of an existing business. The County Health Department recommends approval. The City Engineer recommended the driveway opening be widened to 24’. INDOT will have to approve the new driveway opening. This is a combined public hearing, which includes a rezoning and three variances. The Commission will forward the rezoning to the Council with or without a recommendation, and either approve or deny the variances. The petitioner is also seeking the following 3 variances: 1. from the required front setback of 30’ to 21’. 2. from the required Side Residential Bufferyard setback of 20’ to 15’ on the north to allow parking; and 3. from the required Rear Residential Bufferyard landscaping on the east to none. State statutes and the South Bend Zoning Ordinance require that certain standards must be me before a variance can be approved. These standards were made a part of the Staff Report. No commitments are proposed. Ms. Nayder stated that City Plan, South Bend’s Comprehensive Plan Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. The Future Land Use Map identifies 2 REGULAR MEETING NOVEMBER 12, 2012 the general area as a range of uses from low density residential to commercial and mixed uses. There are no other plans in effect for this area. The U.S. 31 is a major north/south thoroughfare. This location is near commercial zoning and uses to the north in the City as well as a vacant area of commercial zoned land to the south across U.S. 31. The most desirable use is one compatible with the existing residential and transitional land uses. The residential property to the north may be affected by the parking area being closer to the property line. It is responsible development and growth to support responsible growth along major corridors that are transitioning into commercial corridors. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation; and that the variances as submitted be approved. The relocation of U. S. 31 will be influencing land use changes in the area, and this rezoning is compatible with that trend. The variances meet the standards for approval by accommodating the existing structures on the site and providing appropriate protection to adjacent properties. Greg Bolin, 19667 Pasadena Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Bolin advised that he and his wife own the property. He stated that they are part of the relocation process with the new by-pass. He stated that they are requesting a zone change from SF2 Single Family and Two Family District to LB Local Business District to allow a gift shop; and three variances from the development standards. He asked the Council for their favorable consideration. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 50-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2222 WEST WASHINGTON, COUNCILMANIC DISTRICT TWO (2) 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 substitute 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 LI Light Industrial District to CB Community Business District; a Special Exception Use for indoor/outdoor soccer facility; and nine variances from the development standards. On Site is a building previously granted a Special Exception Use for an indoor/outdoor soccer facility. To the north are two single family homes and several vacant lots zoned SF2 Single Family and Two Family District and a few businesses zoned MU Mixed Use District. To the east is a warehouse zoned LI Light Industrial District. To the south are railroad tracks (unzoned) and, across the railroad tracks, a post office and industrial properties zoned GI General Industrial District. To the west is the former location of the South Bend Animal Care and Control, and the Frehauf sales, facility zoned GI General Industrial District. The “CB” Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The site is 4.33 acres. There is an existing 9.670 square foot building covering 5% of the site New paving for 194 spaces is proposed covering 43% of the site. Access is from Washington Street. The remaining 54% of the improved portion of the site is designated as open 3 REGULAR MEETING NOVEMBER 12, 2012 space. The site plan shows the eastern 360’ of the site as proposed to be used as soccer fields. In 1973, the Council initiated a rezoning for this block from heavy industrial to light industrial. A Special Exception Use was previously granted for an indoor/outdoor facility on March 28, 2011. Land uses in this area have remained consistent, with businesses and residential north of Washington Street, and industrial south of Washington Street. Washington Avenue has two lanes. The site will be served by public water and sewer facilities. Community and Economic Development offers a positive recommendation for the zoning but would like to see a solution that contains some landscape buffering. The City Engineer had no comments. The Building Commissioner requires that the applicant reapply for the Special Exception Use because the property is being rezoned. Ms. Nayder advised that the staff comments note that this is a combined public hearing, which includes a rezoning, a special exception use and nine variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation, and either approve or deny the variances. The petitioner is requesting the following 9 variances: from the required 393 parking spaces to a minimum of 194 parking spaces; from the 20 foot front yard Residential Bufferyard setback to 0 feet for parking; from the 10 foot side yard setback to – feet for parking; from the required 14 interior landscape islands to 13; from the required landscape screening for parking spaces along public streets to no landscape screening; from the required minimum 24 foot wide aisle way in a parking area to a minimum of 22 feet; from the required foot wide foundation landscape area along Washington Street to no foundation landscape area; from the required perimeter landscaping, at a rate of one (1) tree every 40 feet, along the site perimeter to providing said trees only along the improved portion of the site along Washington Street as shown; and from the maximum height of 4 feet for a fence to allow the existing 7 foot high chain link fence with security wire along frontage of Washington Street and Olive Street. State statutes and the South Ben Zoning Ordinance require that certain standards must be met before a variance of Special Exception Use can be approved. These standards are attached and made part of the Staff Report. No commitments are proposed. Ms. Nayder advised that City Plan, South Bend’s Comprehensive Plan (November 2006) ED 1.2 Encourage reuse of abandoned and underutilized land and structures. The Future Land Use Plan identifies this area as light industrial. There are no other plans in effect for this area. Many of the lots, houses, and businesses north of Washington Street are vacant. The railroad tracks separate this property from the more industrial uses to the south. The most desirable use is the adaptive reuse of this building. The additional upgrades, like a paved parking and landscaping, associated with the rezoning should enhance the site and protect the neighboring properties. It is responsible development and growth to allow the adaptive reuse of a building, with additional improvements to beautify the area. Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation; based on information available prior to the public hearing, the staff recommends that the Special Exception Use for an indoor/outdoor soccer facility be sent to the Common Council with a favorable recommendation; the staff recommends approval of variances #1-6 & 9, and #8 subject to approval by the City Forester, but that variance #7 be denied. The redevelopment of this site will provide for a positive adaptive reuse of this site. In the Staff’s opinion the variances meet the standards for approval by recognizing the existing limitations of the site. It is the staff’s opinion that variance #7 would not be needed if the drive aisle to the north of the building is reduced, making way for the foundation landscaping. The Special Exception Use allows an activity that is compatible with the general character and mix of uses in the neighborhood. Mr. Lipsky, 2808Edison Road, South Bend, Indiana, Attorney for the petitioners made the presentation for this bill. Mr. Lipsky advised that the petitioner is requesting a zone change from LI Light Industrial District to CB Community Business District; a Special Exception for indoor/outdoor soccer facility; and nine variances from the development standards. Manual Villegas, 2637 W. Western Avenue, South Bend, Indiana, stated that the building is basically going to stay the same. He stated that it is really an open space on the inside for soccer, the only thing that is going to change is the parking spaces that the city requires. He stated that they would like to improve the outdoor soccer area. He stated that with the improvements the 4 REGULAR MEETING NOVEMBER 12, 2012 building would be utilized for banquets, receptions, birthday, family and community functions as well as being able to hold indoor and outdoor soccer functions. 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 Derek Dieter asked if the petitioner would be seeking a liquor license in the future. Mr. Manual Villegas, 4315 Foxfire, South Bend, Indiana, stated that they may seek a liquor license in the future, but for now they are not. Mr. Dieter stated that he has some concerns about potential problems at a banquet venue especially where alcohol was served. 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 Scott seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 51-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1243 & 1247 CAMPEAU, COUNCILMANIC DISTRICT 4 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 substitute 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 SF2 Single Family and Two Family District to MF1 Urban Corridor Multifamily District; and a Special Exception Use to allow a group residence for up to four unrelated individuals. On site is a vacant lot. To the north are single family homes zoned SF2 Single Family and Two Family District. To the east are single family homes zoned SF2 Single Family and Two Family District, To the south is Coquillard Park zoned SF2 Single Family and Two Family District. To the west are single family homes zoned SF2 Single Family and Two Family District. The “MF1” Multi-Family Residential District is established to protect, promote and maintain the development of urban style 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 (including apartment, townhouse or row house style developments) and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. The site consists of two lots for a combined 0.3 acres. A 2,218 square foot residential structure is proposed, covering 17% of the site. Two parking spaces are proposed with access from the alley. The Special Exception Use will require Type B landscaping around the entire perimeter. In April 2011, a proposed duplex was given an unfavorable recommendation at 1201 Campeau. Campeau Street has two lanes divided by a grass median. Walsh Street has two lanes. The site will be served by City water and sewer. Community and Economic Development recommended favorably. The City Engineer has no comments. This is a combined public hearing, which includes a rezoning and a special exception use. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation. States statutes and the South Bend Zoning Ordinance require 5 REGULAR MEETING NOVEMBER 12, 2012 that certain standards must be met before a Special Exception Use can be approved. These standards are attached and made part of the Staff Report. The following commitment has been proposed by the petitioner: 1) If at any time the Logan property for a group residence should cease to exist, Logan commits that the property will be rezoned to its current zoning of SF2. Ms. Nayder stated that City Plan, South Bend’s Comprehensive Plan Objective H 1.4 encourages the development of a variety of housing types and care choices for seniors and disabled person. Objective H 1.5 support existing transitional housing providers and shelters that offer a continuum of care to move people toward self-sufficiency. Objective H 4.3 support the efforts of community organizations in developing infill housing. The Future Land Use Map identifies this area as medium density residential. This is located in the NNRO Overlay District. The Overlay District includes additional development standards for new construction. The north side of Campeau is single family homes and the south side is Perley School and Coquillard Park. The most desirable use is one compatible within the general character of the neighborhood. Surrounding property values should not be affected as long as the proposed commitments are in place and enforced. It is responsible development and growth to allow compatible infill development that meets the needs of the community. Based on information available prior to the public hearing the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation, subject to the proposed commitment to rezone the property back to SF2 if the Logan group residence should cease to exist. Based on information available prior to the public hearing the staff recommends that the Special Exception Use petition for a group residence for up to four unrelated individuals be sent to the Common Council with a favorable recommendation. The structure being built is designed to look like a single family home and therefore blend in with the residential character of the neighborhood. The Special Exception Use will limit the use of the site and ensure that it will not be converted to any other uses. Pat Lynch, 803 Lincolnway West, Northeast Neighborhood Revitalization Organization, Inc., along with Clint Bowser, 2505 E. Jefferson Blvd., Logan Community Resources, Inc., made the presentation for this bill. Mr. Lynch advised that they are requesting the rezoning from SF2 to MF1 to allow for a group residence that will house up to four unrelated individuals. Logan has been approved by the State to provide residential habilitation services to people in their own homes. The NNRO desires to build a house for Logan, to accommodate four clients who have become independent enough to live by themselves with some scheduled supervision. This group residence requires a zoning designation of MF1 with a special use exception to allow for up to four unrelated individuals in one house. 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. Marguerite Taylor, 714 Corby, South Bend, Indiana, spoke in favor of this bill. Ms. Taylor advised that she is President of the Northeast Neighborhood Council and Secretary of the Northeast Neighborhood Revitalization Organization, Inc. Ms. Taylor stated that they welcome Logan into the neighborhood and asked the Council for their favorable consideration. Mrs. Ann Puzzello, 1247 E. LaSalle, South Bend, Indiana, spoke in favor of this bill. Ms. th Puzzello welcomed Logan into the 4 District. She stated that there is a group home just down the street from her and that they are wonderful neighbors. She urged the Council’s favorable consideration of this bill. Coucilmember’s Scott, Henry Davis, Jr., Dr. Fred Ferlic, Oliver Davis, Gavin Ferlic, and Dieter, offered their comments and thanked the NNRO and Logan on a great plan. There was no one else present wishing to speak in favor or in opposition to this bill. Councilmember Dieter made a motion for favorable recommendation to the full Council concerning this bill. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. 6 REGULAR MEETING NOVEMBER 12, 2012 BILL NO. 62-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USER FEES AND DEDICATED FUND Councilmember Dr. Fred Ferlic made a motion to continue this bill until the November 26, 2012 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Scott made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen 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 7:37 p.m. President Dieter presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 10201-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6420 US 31 S. SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT #6 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to amend this bill as in the Committee of the Whole. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Oliver Davis made a motion to pass this bill as amended. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10202-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2222 WEST WASHINGTON, COUNCILMANIC DISTRICT TWO (2) IN THE CITY OF SOUTH BEND, INDIANA 7 REGULAR MEETING NOVEMBER 12, 2012 This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10203-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1243 & 1247 CAMPEAU, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 4214-12 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1038 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE- YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAVID W. & MARY B. MURPHY WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1038 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of the Northwest Quarter Section 1, Township 37 North, Range 3 East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is described as Lot “A” as th shown on the plat of “Boyd-Snee’s Subdivision, First Replat” recorded June 13, 2012 in the office of the St. Joseph County, Indiana Recorder as Instrument No. 1217686. , and this property has Tax Key Number 18-5105-3702.02be 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, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed 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 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 8 REGULAR MEETING NOVEMBER 12, 2012 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) 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 6-1.1-12.1 et seq. SECTION VI. 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 Mrs. Mary B. Murphy, Apt. 1B, Bldg. 35, University of Notre Dame, Notre Dame, Indiana 46556, made the presentation for this bill. 9 REGULAR MEETING NOVEMBER 12, 2012 Mrs. Murphy advised that she and her husband intend to construct a 2,500 – 2,700 square foot residence. The home will have three-four bedrooms with 3 ½ baths, along with a finished basement, two-car-garage, and a screened in porch. She stated that the cost of the home will be $450,000 to $500,000. Total taxes 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 in range of $23,367.05 - $26,190.55. 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 Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 4215-12 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 3300 N. KENMORE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EW MARINE, INC. DBA INDIANA ROTOMOLDING, INC. WHEREAS, a petition for real property tax abatement has been 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 3300 N. Kenmore, South Bend, Indiana, and which is more particularly described as follows: 5/855 Ac Tract E of Kenmore NE 14 NE 14 Sec 28-38-2e and which has Key Number 025-1010-038518, be designated as an Economic Revitalization 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 an Economic Revitalization 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Personal Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. 10 REGULAR MEETING NOVEMBER 12, 2012 SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. 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 VII. 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 VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. Jack Welter, President & CEO, Elkhart Plastics, 3300 N. Kenmore, South Bend, Indiana, made the presentation for this bill. Mr. Welter advised that EW Marine, Inc. DBS Indiana Rotomolding, Inc. is a custom plastic 11 REGULAR MEETING NOVEMBER 12, 2012 processor utilizing the rotational molding process to manufacture yellow crash barrels for highway safety, along with a wide variety of other small and large hollow products which are shipped up to 800 miles away. EW Marine, Inc. DBA Indiana Rotomolding intends to purchase equipment in the amount of $1,000,000 to complement current equipment in order to support client demands and higher volume. He stated that during the five (5) year abatement period, total taxes being abated are estimated at $15,039 and total taxes being paid are estimated at $168,072. He stated that per the petition it is estimated that the total project will create at least twenty (20) new, permanent, full-time jobs in the first year of production representing a new annual payroll of at least $900,000. The project will maintain seventy (70) existing, permanent, full-time jobs with a total annual payroll of $2,500,000. 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 Gavin Ferlic 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 eight (8) ayes. RESOLUTION NO. 4216-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ON BEHALF OF THE ST. JOSEPH COUNTY BROWNFIELD ASSESSMENT COALITION FOR A BROWNFIELD ASSESSMENT GRANT WHEREAS, the United States Environmental Protection Agency has financial assistance for brownfield revitalization, including grants for site assessments; and WHEREAS, St. Joseph County, the City of South Bend, and the City of Mishawaka intend to form the St. Joseph County Brownfield Assessment Coalition (“Coalition”), and the Coalition intends to request a $600,000 Assessment Grant in order to establish a county-wide Brownfields Assessment Program; and WHEREAS, the City of South Bend would serve as the lead agency for submitting the application and administering any grant funds that are awarded to the Coalition; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the Environmental Protection Agency Brownfield Assessment Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to apply to the United States Environmental Protection Agency for a $600,000 Assessment Grant, and to execute all documents related to any grant awarded on behalf of the St. Joseph County Brownfield Assessment Coalition in which the City of South Bend, the City of Mishawaka and St. Joseph County are participants. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the application submitted to the United States Environmental Protection Agency. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Environmental Protection Agency. SECTION IV. That the City of South Bend, Department of Community Investment is hereby designated as the agency and office administering, on behalf of the St. Joseph County 12 REGULAR MEETING NOVEMBER 12, 2012 Brownfield Assessment Coalition, the Brownfield Assessment Grant awarded under this application. SECTION V. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Ms. Ann Kolata, Senior Redevelopment Specialist, 1200 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that this bill would authorize submission of a grant application to the United States Environmental Protection Agency on behalf of the St. Joseph County Brownfield Assessment Coalition. South Bend will serve as the lead agency for this coalition which will be made up of the City of South Bend, the City of Mishawaka, and St. Joseph County. If the grant application is approved by the EPA, we will return to the Council for the coalition to be formalized. She stated that they intend to submit an application for a $600,000 Assessment Grant that will fund environmental assessments within St. Joseph County. She stated that they are also planning on using a portion of the grant to prepare a new inventory of brownfield sites with the three jurisdictions of the coalition. She noted that the grant application is due at EPA by November 19, 2012. A Public Hearing was held on the Resolution at this time. Councilmember Oliver Davis asked if this is the first grant application that South Bend, Mishawaka and St. Joseph County have been involved with together. She stated that this is the first on behalf of the St. Joseph County Brownfield Assessment Coalition. She reiterated that only if the grant is approved by EPA will the coalition be formalized. Councilmember Henry Davis, Jr. asked how the grant will be divided up. Ms. Kolata stated that if approved they will formalized the coalition work together and determine greatest need. 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 eight (8) ayes. RESOLUTION NO. 4217-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE SOUTH BEND CITY ADMINISTRATION TO UTILIZE MINORITY-OWNED BUSINESSES AND WOMEN- OWNED BUSINESSES AS MUCH AS POSSIBLE FOR THE RESIDENTIAL CURBS AND SIDEWALK PROGRAM WHEN WORK IS TO BE PERFORMED BY INDEPENDENT CONTRACTORS WHEREAS, Article 3 of Chapter 18 of the South Bend Municipal Code sets forth the current regulations addressing the construction and repair of sidewalks, curbs and gutters, and WHEREAS, during this year’s budget hearings held by the Council’s Personnel and Finance Committee, a pilot program was proposed whereby the current city regulations would be temporarily suspended so that an experimental program could be attempted to “pilot solutions in income eligible neighborhoods”, and 13 REGULAR MEETING NOVEMBER 12, 2012 WHEREAS, the South Bend City Administration has proposed that funding for the Curbs and Sidewalks Program for 2013 be increased from its current 2012 budgeted amount of $481,992 to $676,882; and WHEREAS, the proposed increase of $194,890 for next year’s Curbs and Sidewalks Program would represent an increase of 40.4% in funding, with COIT monies proposed to be transferred into the Motor Vehicle Highway (MVH) Fund; and WHEREAS, the documents provided to the Common Council provide that “Any residents who request new curbs and sidewalks and receive funding from Mayor and Council for alternate sources would have their work performed by independent contracts, which would support the livelihood of the contractors and keep the City curb and sidewalk program separate for paying residents.” WHEREAS, the cost of traditional curb and sidewalk replacement is based on a charge per linear foot of the property’s frontage for materials and would typically include the removal and replacement of the curb, sidewalk, and driveway approach; with an additional costs for removing and replacing trip hazard concrete repairs as well as costs for tree removal; and WHEREAS, the Division of Engineering in the Department of Public Works will oversee both the traditional curb and sidewalk program and any pilot program which may be attempted. 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 recommends that if any independent contractors are to be used as part of a curb and sidewalk program, that the City Administration and in particular the Division of Engineering in the Department of Public Works utilize minority-owned businesses (MBE) and women-owned business (WBE) to the full extent of the law. Section II. The Division of Engineering in the Department of Public Works is urged to provide regular updates on development and proposed and ongoing implementation of the curb and sidewalk programs through the Council’s Public Works and Property Vacation Committee. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. nd s/Henry Davis, Jr., 2 District Council Member Councilmember Dr. David Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable consideration. Councilmember Henry Davis, Jr., made the presentation for this bill. Councilmember Henry Davis, Jr., stated that at the September 26, 2012 Personnel & Finance Committee meeting, a 46-page handout was provided addressing various questions and concerns raised by the Council Members during prior committee meetings held on the proposed 2013 civil city budget. He stated that on pages 34-35 of that handout addressed some of the information on a proposed curb and sidewalk program for next year. He stated that in light of the discussions we have had to date, this resolution urges the City Administration, and the Division of Engineering in particular, to use minority-owned businesses (MBE) and women-owned businesses (WBE) to the full extent of the law when work is to be performed by independent contractors. The proposed Resolution also calls for regular updates on the development and proposed implementation, and once the programs begin regular updates on the overall implementation throughout next year. Such updates are suggested to be given to the Council’s Public Works and Property Vacation Committee. He stated that with the emphasis which the Council has placed on minority and women-owned business outreach, he believes that this bill 14 REGULAR MEETING NOVEMBER 12, 2012 would further strengthen the resolve in pro-actively addressing this important need in our community. He asked the Council for their support. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO.63-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1017 WEST INDIANA AVENUE, 1527 KEMBLE STREET, 1531 KEMBLE STREET AND THE VACANT PROPERTY SOUTH OF AND ADJACENT TO 1531 KEMBLE STREET, SOUTH BEND, INDIANA, 46614, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL NO. 74-11 AMEND CHAPTER 21- TO ALLOW CHICKENS – TH (CONTINUE UNTIL THE DECEMBER 10 MEETING) Councilmember Scott made a motion to continue this bill until the December 10, 2012 meeting of the Council. Councilmember Henry Davis, Jr., seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Henry Davis, Jr., advised that companies that use tax abatements need to better communicate their jobs openings. He suggested the use of a job board. Oliver Davis advised that the Council Rules Committee will meet regarding redistricting in the City of South Bend. He stated that notices will go out via e-mail. PRIVILEGE OF THE FLOOR Samuel Brown, 222 E. Navarre, South Bend, Indiana, Citizen United for a Better Government, advised that he would like to Council to send Mayor Pete Buttigieg a letter urging him to find a Police Chief and give interim Police Chief Hurley some reprieve from his three job titles. 15 REGULAR MEETING NOVEMBER 12, 2012 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:01 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 16