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HomeMy WebLinkAbout10-08-12 Common Council Meeting Minutes REGULAR MEETING OCTOBER 8, 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, October 8, 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 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 September 24, 2012 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS BILL NO. 12-67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING LASALLE INTERMEDIATE ACADEMY FOR BEING SELECTED BY THE U.S. DEPARTMENT OF EDUCATION AS A NATIONAL BLUE RIBBON Councilmember Oliver Davis made a motion to continue this bill indefinitely. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ANNOUNCEMENT OF VACANCY ON THE SOUTH BEND TRANSPORTATION CORPORATION (TRANSPO) BOARD Vice-President Oliver Davis announced that the Council has an opening to the TRANSPO Board. He advised that application will be accepted until October 19, 2012. Applications can be th obtained on the Council website: www.southbendin.gov or in the Office of the City Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Vice-President Davis stated that according to State Law the applicant must be a registered Democrat with the St. Joseph County Voter’s Registration Office. 1 REGULAR MEETING OCTOBER 8, 2012 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Vice-President Oliver J. Davis, presiding. Vice-President Oliver J. Davis, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Vice-President Oliver J. Davis stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS Bill No. 42-12, 43-12, and 44-12 Council Portion Only. BILL NO. 42-12 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2013 BILL NO. 43-12 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 44-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2013, INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Varner made a motion to accept the substitute version of Bill No. 42-12 as on file in the Office of the City Clerk. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to continue in the Council Portion only and for Third Reading, Substitute Bill No. 42-12; Bill No. 43-12; and Bill No. 44-12 until the October 22, 2012, meeting of the Council. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 37-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 621 AND 625 LINCOLNWAY EAST, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 2 REGULAR MEETING OCTOBER 8, 2012 th Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioners are requesting a zone change from MF1 Multifamily Urban Corridor District to MU Mixed Use District to allow retail sales and service of sewing machines and a residential unit with the appropriate parking. On site is a single family home and a vacant lot. To the north are single family homes zoned SF2 Single Family and Two Family District. To the east is a vacuum cleaner sales and service business zoned MU Mixed Use District. To the south, across Lincolnway East are single and two family homes zoned MF1 Urban Corridor Multifamily District. To the west is a vacant office building zoned LB Local Business District. The “MU” Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to encourage a pedestrian oriented design throughout the district, and maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. The total area is 9,240 square feet. There is an existing house and garage covering 1,220 square feet or 13% of the site. In addition to the space in the garage, four parking spaces are provided, covering 17% of the site. The remaining 70% is open space. Access will be from Lincolnway East. The apartment building at 709-711 Lincolnway East is currently going through the rezoning process to allow for conversion to a single family home. This section of Lincolnway East has a mixed land use pattern of businesses, homes and duplexes. Lincolnway East has four lanes. 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 located at 3340 Douglas Road which is more particularly described as: A parcel of land being a part of the Northeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East and being more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Northeast Quarter of said section 32, thence North 89 degrees 16’ 18” East along the North Line of said Section 32, 140.70 Feet; Thence South 00 degrees 12 ‘ 28” West, 45.01 Feet to the point of beginning; thence North 89 degrees 16’ 18” East parallel to the North Line of said Section 32, 188.55 Feet to a point on the West Line of Douglas Road Partners Minor, recorded in Instrument Number 0917426 in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees 29’ 43” East along said West Line of said Minor, 175.00 Feet; thence South 89 degrees 16’ 18” West along the Northerly Line of Lot 3 in said Minor, 187.70 feet to the East Line of a parcel of land recorded in Deed Record 784, Page 80 in said Recorders Office; thence North 00 degrees 12’ 28” East along said East Line, 175.02 Feet to the point of beginning, said parcel containing 0.75 acres, more or less, and subject to all right- of- way, easements, covenants, and restrictions of record. And which has Key Numbers 02-2023-054801 presently at this point in time, 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, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; 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 3 REGULAR MEETING OCTOBER 8, 2012 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 Real 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. 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 Real 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 real 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 up to 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. 4 REGULAR MEETING OCTOBER 8, 2012 Site is served by city water and sewer. The Department of Community and Economic Development comments this rezoning would support a neighborhood commercial use and would still be keeping with the zoning of surrounding properties and the mixed-use character of the neighborhood. The Office of Historic Preservation Commission does not have any objections to the change in zoning. The City Engineer had no comment. The property is located within the Edgewater Place Local Historic District. No commitments are proposed. The future land use map identifies this area as a mix of uses. There are no other plans in effect for this area. Along Lincolnway East is a mix of houses and businesses. Some of the structures are in poor condition. The most desirable use is one that is compatible with the mix of uses located in the area. The rehabilitation of this property may have a positive effect on neighboring property values. It is responsible development and growth to encourage the rehabilitation of a building with a use that is compatible with the character of the area. 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. Lincolnway East is a major traffic corridor, with a mix of residential and business uses in the immediate vicinity. This rezoning is compatible with the goals of City Plan. Ms. Diane Erdman, 621, 625 Lincolnway East, South Bend, Indiana, made the presentation for this bill. Ms. Erdman advised that she is looking to rezone 621 Lincolnway East to be able to expand sewing machines over there from the back shop where they are presently located. We will basically have sewing machine sales and service. I do have signatures on a petition of those in favor of the rezoning. 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 Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 35-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE AVON THEATRE AND LOCATED AT 307 SOUTH MICHIGAN, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to continue this bill until the October 22, 2012 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 54-12 PUBLIC HEARING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2013 Councilmember Dieter made a motion to continue this bill until the October 22, 2012 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 5 REGULAR MEETING OCTOBER 8, 2012 BILL NO. 55-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SETTING THE ANNUAL SALARY FOR THE MAYOR FOR THE CALENDAR YEAR 2013 Councilmember Dieter made a motion to continue this bill until the October 22, 2012 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 52-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS, THE ESTABLISHMENT OF FUND NUMBER 661, THE 2012 SEWAGE WORKS CONSTRUCTION FUND, AND OTHER RELATED MATTERS Councilmember Scott, Chairperson, Utilities Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. st Mr. Philip Faccenda, Jr., 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill. Mr. Faccenda advised that this bill would allow for the Indiana Sewage Works Revenue Bonds of 2012 for financing sewage works project for the City of South Bend. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 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. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. 6 REGULAR MEETING OCTOBER 8, 2012 BILL NO. 53-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE CURRENT REFUNDING OF OUTSTANDING WATERWORKS REVENUE BONDS OF 2002, ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NO TO EXCEED FOUR MILLION TWO HUNDRED THOUSAND ($4,200,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH Councilmember Scott, Chairperson, Utilities Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. st Mr. Philip Faccenda, Jr., 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill. Mr. Faccenda advised that this bill would allow for the Indiana Sewage Works Revenue Bonds of 2012 for financing sewage works projects for the City of South Bend, Indiana. 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. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Henry Davis made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk 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 7:20 p.m. President Derek Dieter presided with nine (9) members present. BILLS - THIRD READING 7 REGULAR MEETING OCTOBER 8, 2012 ORDINANCE NO. 10188-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 621 AND 625 LINCOLNWAY EAST, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner 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. ORDINANCE NO. 10189-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY’S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS, THE ESTABLISHMENT OF FUND NUMBER 661, THE 2012 SEWAGE WORKS CONSTRUCTION FUND, AND OTHER RELATED MATTERS This bill had third reading. Councilmember Varner 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. 10190-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE CURRENT REFUNDING OF OUTSTANDING WATERWORKS REVENUE BONDS OF 2002, ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NO TO EXCEED FOUR MILLION TWO HUNDRED THOUSAND ($4,200,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH This bill had third reading. Councilmember Scott made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 8 REGULAR MEETING OCTOBER 8, 2012 RESOLUTIONS RESOLUTION NO. 4205-12 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 PROPERTIES LOCATED AT 1307 AND 1311 HICKORY ROAD, SOUTH BEND, INDIANA, 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: 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: (1307 and 1311 Hickory Road, South Bend, Indiana) In order to permit: The approval of a Special Exception to allow for off-site parking lot for properties located at 1307 and 1311 Hickory Road, South Bend, Indiana per Section 21-03.02(2)(D) of the City of South Bend, Zoning Ordinance to allow for an Accessory Use (Off-Site Parking.) 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 9 REGULAR MEETING OCTOBER 8, 2012 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 & 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. Mark Lyons, Assistance Zoning Administrator, St. Joseph County Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a Special Exception to allow an off-site parking lot in a “SF1” District, on property located at 1307 & 1311 Hickory Road. Mr. Lyons stated that the Area Board of Zoning App0eals held a public hearing on September 5, 2012 and sends this bill to the Common Council with a favorable recommendation. Mike Danch, President, Danch, Harner & Associates, 1642 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of TM Investment Corp. Mr. Danch advised that they are seeking a special exception to allow for off-site parking lot for properties located at 1307 and 1311 Hickory Road, South Bend, Indiana. He stated that the proposed use will be consistent with the character of the district and is compatible with the recommendations of the City of South Bend Comprehensive plan. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4206-12 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3300 N. KENMORE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR INDIANA ROTOMOLDING, INC. 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 3300 N. Kenmore, South Bend, Indiana, and which is more particularly described as follows: 5/855 Ac Trsct E of Kenmore NE 14 NE 14 Sec 28-38-2e 10 REGULAR MEETING OCTOBER 8, 2012 and which has Key Number 025-1010-038518, be designated 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 remonstrances 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 Real 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 Real property tax deduction for a period of three (3) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply 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 D. Dieter Member of the Common Council Mr. Jack Welter, Vice President, Indiana Rotomolding, Inc., 3300 North Kenmore, South Bend, Indiana, made the presentation for this bill. Mr. Welter advised that they would like to construct a 25,000 square foot building, which will enable the expansion of their manufacturing facility to accommodate orders from a large new customer. A Public Hearing was held on the Resolution at this time. Mr. Lawrence Grant, 721Blaine, South Bend, Indiana, advised that he is in favor of this bill. There being no one else 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 nine (9) ayes. RESOLUTION NO. 4207-12 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 3340 DOUGLAS ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR HARRINGTON ORTHODONTIC 11 REGULAR MEETING OCTOBER 8, 2012 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 located at 3340 Douglas Road which is more particularly described as: A parcel of land being a part of the Northeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East and being more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Northeast Quarter of said section 32, thence North 89 degrees 16’ 18” East along the North Line of said Section 32, 140.70 Feet; Thence South 00 degrees 12 ‘ 28” West, 45.01 Feet to the point of beginning; thence North 89 degrees 16’ 18” East parallel to the North Line of said Section 32, 188.55 Feet to a point on the West Line of Douglas Road Partners Minor, recorded in Instrument Number 0917426 in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees 29’ 43” East along said West Line of said Minor, 175.00 Feet; thence South 89 degrees 16’ 18” West along the Northerly Line of Lot 3 in said Minor, 187.70 feet to the East Line of a parcel of land recorded in Deed Record 784, Page 80 in said Recorders Office; thence North 00 degrees 12’ 28” East along said East Line, 175.02 Feet to the point of beginning, said parcel containing 0.75 acres, more or less, and subject to all right- of- way, easements, covenants, and restrictions of record. And which has Key Numbers 02-2023-054801 presently at this point in time, 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, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community and Economic Development and to the Office of the City Clerk; 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 Real 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. 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 12 REGULAR MEETING OCTOBER 8, 2012 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 Real 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 real 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 up to 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 Councilmember Henry Davis, Jr., Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Andrew Nemeth, 211 W. Washington, #2114, South Bend, Indiana, made the presentation for this bill. Mr. Nemeth advised that the petitioner Dr. Chad Harrington plans to construct an Orthodontic Office. He stated that the project will create 1 full-time and 1-2 part time permanent jobs with the first year, representing a new annual payroll of $40,000 and will maintain 12 existing permanent full-time jobs with an annual payroll of $521,000. He advised that it is estimated that the cost of the new building is $850,000. 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 Scott made a motion to adopt this Resolution. Councilmember Henry Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 13 REGULAR MEETING OCTOBER 8, 2012 Councilmember White left the Council Chambers at this time due to illness. BILLS - FIRST READING BILL NO. 56-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2013, 2014 AND 2015 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on October 22, 2012. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 57-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2013, 2014 AND 2015 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on October 22, 2012. Councilmember Schey seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 58-12 FIRST READING ON A BILL OF COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2013 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on October 22, 2012. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 59-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2013 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on October 22, 2012. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 60-12 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY 14 REGULAR MEETING OCTOBER 8, 2012 LOCATED AT 4626 BURNETT DRIVE, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Oliver Davis made a motion to refer this bill to the Area Plan Commission. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 61-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 4, SECTION 2-13 (A) AND (B) OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE NAME OF THE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT TO THE COMMUNITY INVESTMENT DEPARTMENT, AND TO MAKE ALL OTHER CHANGES CONSISTENT THEREWITH This bill had first reading. Councilmember Oliver Davis made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on October 22, 2012. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS Councilmember Oliver Davis announced that he and Council Attorney Kathleen Cekanski- Farrand will hold a press conference October 9, 2012 to give an update on the Wal-Mart gun issue. Councilmember Scott announced that the Keller Park Neighborhood Association will hold its organizational meeting on Thursday, October 11, 2012 at the Keller Park Church, 1003 W. Bryan St., South Bend, Indiana. NEW BUSINESS Councilmember Henry Davis stated that he would like clarification on the Board of Public Works RFP process. He also stated that he would like to hold a joint Community & Economic Development Committee and Information & Technology Committee Meeting on October 22, 2012 to discuss how the city markets jobs. Councilmember Oliver Davis advised that he would like to have a discussion with the Department of Code Enforcement on how to handle habitual offenders not cutting their grass or trimming shrubs. He stated that he has been approached by several of his constituents regarding this issue. Councilmember Dr. Fred Ferlic stated that he believes that their needs to be private investment to help with code enforcement. 15 REGULAR MEETING OCTOBER 8, 2012 Councilmember Tim Scott stated that Indiana has passed the good “Samaritan Law” which would allow citizens to clean-up problem properties without being sued. PRIVILEGE OF THE FLOOR Sam Brown, 222 Navarre, South Bend, Indiana, thanked the Council for all they do. He stated that he hopes the Mayor would put an end to the tapes. Dale & Tonya Anderson, 1719 Ewing, South Bend, Indiana, asked if the Council has received a response to the letter that they sent to the prosecutor. Andrew Detweiler, 4312 Fellows Street, South Bend, Indiana, stated that he is against the Fellows street project. Jesse Davis, P. O. Box 10205, South Bend, Indiana, stated that he questions the way Interim- Police Chief Hurley is handling things. He stated that they need to make sure that protocol is being followed. Mr. Davis stated that he has questions regarding the nearly 30 newly created positions for the 2013 salary. He stated the city needs to consider tightening their budget in these tough economic times Greg Jones, 53384 Olive Road, South Bend, Indiana, advised that the Michiana Science & Technology Center, Inc. (MSTCi) will present “How Does It Work?” Saturday, November 10, and Sunday, November 11, 2012 from 1:00 p.m. – 5:00 p.m. at the Union Station, 326 West South Street, across from the “the Cove” downtown South Bend. Mr. Jones stated that there will be interactive exhibits and learning labs. He invited everyone to join them for engaging, hands- on activities related to Science, Technology, Engineering and Math (STEM). He stated that for more information you can contact hello@riverbendmath.org. Jerry Niezgodski, 1113, N. Elliott, South Bend, Indiana, spoke regarding issues with the Department of Code Enforcement. He stated that he would like to see a more aggressive code enforcement department. He would like to initiate a 2 or 3 strikes and you’re out campaign. He stated that there are chronic violators and they need to be dealt with timely and swiftly. He urged the Council to consider addressing this issue. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:00 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 16