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Home My WebLink About07-08-13 Common Council Meeting Minutes REGULAR MEETING JULY 8, 2013 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, July 8, 2013 at 7:00 p.m. The meeting was called to order by Council President Derek 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 th Fred Ferlic 4 District th Oliver J. Davis 6 District, Vice-President th David Varner 5 District 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 June 24, 2013, meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS REPRESENTING THE CITY ADMINISTRATION WILL BE KATHRYN ROOS – CHIEF OF STAFF. REPORTS OF CITY OFFICES There were no reports from City Offices at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 p.m. Councilmember Scott 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. 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 JULY 8, 2013 BILL NO.16-13 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. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. Fred Ferlic, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with no recommendation. th Christa Nayder, Staff Member, 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 MU Mixed Use District to LB Local Business District; a Special Exception Use to allow a gasoline service station; and eleven variances. On site is an existing convenience store and a single family home. To the north, across the alley, are single family homes and a church zoned SF2 Single Family and Two Family District. To the east is a vacant house with a business front zoned MU Mixed Use District. To the south, across Western Avenue is a parking lot zoned LB Local Business District. To the southwest is a vacant commercial business zoned MU Mixed Use District. To the west is a convenience store zoned LB Local Business District. 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 total area of the two lots is approximately ¼ of an acre. There is an existing 1,733 square foot convenience store building covering 17% of the site. Gasoline pumps and nine parking spaces are proposed. Foundation landscaping is proposed for the west side of the building. There will also be two streets trees along Kenmore, with approval form the City Forester, and evergreen screening around the dumpster. Paving will cover 73% of the site. The property at the northeast corner of Western and Wellington, approximately one block to the west, was rezoned to CB Community Business District for automotive related uses in 2010. Prior to the map change in 2004 the north side of Western Avenue, from Chicago to Meade, was all zoned C Commercial. Western Avenue has four lanes. Kenmore Street has two lanes. The property is currently served by public water and public sewer. The City Engineer had no comments. We have not received comments from the Department of Community Investment. The petitioner is not proposing any written commitments. City Plan, South Bend Comprehensive Plan (November 2006) Objective LU 1: Plan for the future of the community’s districts, neighborhoods and corridors. Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective LU 2.4: Provide buffer spaces between non-comparable uses. The Future Land Use Map identifies the areas along Western Avenue as Commercial and Mixed use. Western Avenue Commercial Corridor Revitalization Action Plan (June 1999) The Market Development objectives include attracting developers, merchants, and small business owners, and encouraging new development. A Vision Plan for the Commercial Corridor of the Western Avenue of South Bend, Indiana (February 2003). Items in the Mission Statement include, improve the business climate and improve the appearance of property and infrastructure on Western Avenue. Western Avenue is a busy and traditional commercial corridor. Changing business patterns have negatively affected the properties, but new businesses are marking an effort to locate within the corridor. The most desirable use along this commercial corridor is a commercial use. The expansion of an existing business, when properly buffered, should have a minimal effect on surrounding property values. It is responsible development and growth to allow for a variety of adaptive reuses along a commercial corridor. Ms. Nayder advised that the staff comments this is a combined rezoning and special use exception, and a number of variances from the development standards. She reiterated that the rezoning is from MU Mixed Use to LB Local Business District and the Special Exception Use is for a gasoline service station. She noted that the petitioner requested 11 variances and are listed on the Area Plan Staff Report. Ms. Nayder stated that this site was previously proposed for the same use in September 2012. It was sent by the Area Plan Commission with a favorable recommendation to the Common Council. 2 REGULAR MEETING JULY 8, 2013 The petitioner withdrew the petition after the Common Council public hearing. 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 be sent to the Common Council with a favorable recommendation. The staff recommends approval of all variance as presented. Western Avenue is a major east/west traffic corridor, with a wide variety of well-established business and commercial uses in the immediate vicinity. The expansion of this site will provide additional neighborhood services and upgrade Kenmore Street with safer traffic control and pedestrian access. In the staff’s opinion, because of the positive redevelopment of this site and its existing configuration, the variances meet the standards for approval. In addition, the Special Exception Use meets the standards of approval in that new curbing and sidewalks will support public safety; the expansion of an existing business should not affect the adjacent property values; the general character of Western Avenue is a commercial corridor with a mix of business and commercial uses; and that City Plan objectives are being met in providing a range of mixed uses. Mr. Anthony Zappia, Attorney at Law, 52582 St. Rd. 933 N, South Bend, Indiana, stated that he has been retained to represent Parwinder Kaur and Ricky Singh and their property located at 3529 Western Avenue. They are also the owners of 3529 and the contingent purchases of the property directly to the east at 3537 Western Avenue which is owned by Barbara Dockery. The property at 3527 Western does have a vacant house and a garage and as part of their proposal that will all be removed and torn down to facilitate the canopy and two gas pumps. The total are of the two lots combined is approximately ¼ of an acre. There is an existing convenience store approximately 1700 square feet on the property. The gasoline pumps and nine (9) parking spaces are proposed and the house and garage will then be removed. He stated that as you may know the property is located on the northeast corner of Western and Kenmore and are seeking a zoning modification from mixed use to local business with a special exception for the gasoline pumps, which would be legally permissible. As the staff indicated to the east is a vacant house and garage which will be removed farther to the east is another vacant piece of property, people across the street to the southwest corner there is a vacant property basically it’s a business district other than the vacated pieces of property. In land acquisition and construction cost they are looking at 500-600 thousand dollars of improvements. He stated that one of his clients Mr. Singh has been involved in the property for five (5) years and manages the property, in 2010 he purchased the business. So they have a local person a small businessman built up the business and wants to improve it. He stated that they plan on adding a couple of additional employees. Since the last time we visited with you there have been some changes to the property. They went to neighborhood meetings they listened to the neighbors and they have reacted they think in a positive way for what they wanted. They have changed the name, now it Is Ricky’s Mart. He has done a significant amount of improvements to the inside of the building he has also added security lighting in and out of the building and placed no trespass and no loitering signs on the outside of the building. Any problems the police are notified immediately. He wants to be a good citizen. The proposal as far as our expenditures on the inside of the property will have a new walk in cooler, a new food area, a new ATM machine and a new drinking fountain. They will replace the store pictures and countertops, there will be more installation of more interior and exterior security cameras, an addition of a security officer which is there on the weekends that they regularly maintain. The security system will be accessible to the South Bend Police Department whenever they would need to utilize that for whatever reason may be necessary. They want to be a good citizen. We met with the neighbors on several occasions, Mr. Danch will talk to you about the most recent meetings but basically some of the things that they wanted to see done and will get into that a little bit later as it relates to their commitments. As far as the exterior of the building there will be the removal of the street parking basically and the new parking will be added to the site. There will be installation perimeter screening and security fencing, installation of exterior lighting around the building parking area and the canopies areas and the trash dumpster will be fully enclosed and there will be installation of new landscaping trees and shrubs along the west side of the building. At the time of their plan commission meeting they offered the following written commitments. These commitments came from the dialogue that they have had with the neighbors in several of those meetings. Commitment #1 Hours of operation of the convenience store and gas station dispensing facility shall be limited to 6 a.m. until 11 p.m . daily, originally a year ago when they came before you we were hoping to have a 24 hour operation. #2 No liquor sales, beer, wine or any type for sale at the convenient 3 REGULAR MEETING JULY 8, 2013 store. #3 The convenience store and gas dispensing facility shall be required to maintain a 24 hours security monitoring system with interior and exterior canvass with the said system accessible to the South Bend Police Department or any law enforcement agency. #4 The convenience store and gas dispensing facility shall be required to maintain posted no loitering signs on the exterior of the facility. #5 The convenience store and gas dispensing facility shall be required to maintain in a working fashion exterior security lighting which shall be placed around the building parking area and the canopy area where the gas pumps are located. These are commitments that will run with the property. His clients and no interest whatsoever selling this business but should anyone have any concerns that if there is a sale of the business what happens to these commitments , the commitments as your legal counsel will tell you will run with the property. These commitments can again after significant dialogue with the neighbors. Legally that the expansion of the sight will provide additional neighborhood services and upgrade Kenmore Street with safer traffic control and pedestrian traffic. We look at this as a very positive development from the stand point of what it is now as compared to what they think they can make it with the significant dollars that they are willing to invest. The special use exception meets the standards of approval of the special use exception and that the new curbing and sidewalks will support the public safety, the expansion of an existing business shall not affect any values in the area and the general character of Western Avenue is a commercial corridor with mixed business and commercial use. In May of this past year, May 21, 2013, they did have a public hearing before the Area Plan Commission, they did unanimously recommend favorably to this body approval of their request. He has had an opportunity to drive a number of times as recently as yesterday, on Western Avenue between Illinois and Falcon Street, his client is willing to spend between 500 and 600 hundred thousand dollars in that area he saw not one dime being invested in Western Avenue. He stated that he has with him his client the manager of the operation also Mr. Danch is going to make a presentation on his behalf also as it relates to the site plan and if the Councilmember’s would have any questions after that time they would certainly try to answer those questions. Mike Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, representing the petitioners. As Tony has mentioned and what they have given Council this afternoon was a preliminary site plan for proposed improvements for Ricky’s Mart and when you take a look at that as they have said before we were making some substantial improvements adding additional landscaping area along Kenmore St. adding fencing along the north boundary line and the east boundary line the fence would be a 6’ high vinyl fence as Tony has mentioned the exiting garage on the site would be removed, the existing home to the east would be removed and the site plan reflects the additional nine (9) parking spaces which will actually be on the west side of the building. With the landscaping, they will be adding additional trees and landscaping along part of the building. Access to the site will be off Western Avenue and also off Kenmore Street. They have had the site plan reviewed by the City Engineer’s Office as well and they are satisfied that the layout will work well at this particular location and have done the best that they can with the amount of land that they have available. This will get all the parking on the site per the ordinance as they also mentioned they will have shielded lighting that is presently not on site right now. They will have substantially more lighting on the site and some residents had concerns that we are addressing. As Tony mentioned there will be security on site as well as the security system that will be accessible by the South Bend Police Department. They met with the neighborhood association and have shown the site plan and have added that was not part of their previous petition before was they added the written commitments which Tony read and will go with the property and will be enforced by the City of South Bend, the Building Department and also by the Neighborhood Association as well. He will answer any questions. Councilmember Dieter stated that he isn’t sure if Mr. Danch or Mr. Zappia can answer this, during the commitments would you make a commitment, a written commitment, that he would have to ask Cristal what will happen if that is violated not to sell roach clips, bongs, pipes or rolling paper or any other kind of drug paraphernalia would you submit to that? Mr. Zappia stated that he believes he would and he will ask him. Councilmember Dieter stated secondly, the commitment about selling single cigarettes, cigars, so on and so forth. Also knock-off merchandise that is only licensed that they still sell in the store so those are the three things that I have. 4 REGULAR MEETING JULY 8, 2013 Mr. Zappia stated that he did not understand the last commitment. Councilmember Dieter stated licensed merchandise, hats, shirts, t-shirts, that are licensed and they sell at other stores and believes that they don’t have permission to sell those certain items. Those are the three commitments that he would like to see. I guess if she would answer if the commitment is violated what happens? Councilmember Oliver Davis questioned Mr. Zappia about his tour of the area and his statement about not one dime being invested in Western Avenue. He asked Mr. Zappia to elaborate more on that and what documents that he is using to justify that statement. Mr. Zappia stated that he drove the area to see if he could see any new money being spent, any new development. He drove between Falcon and Illinois, maybe six or seven times, and did not see any new construction any improvements being made in that area, that short area. What he did notice was though were several boarded up buildings, just like there is close to his client’s property. Councilmember’s Varner had no comment. Councilmember Dr. Fred Ferlic had no comment. Councilmember Henry Davis Jr., what would happen if this does not pass. What is the worst case scenario? Mr. Zappia stated that the worst case scenario would be that they would not be able to make any of the improvements to the site plan, for the interior and exterior of the store, no of the improvements would be made. He would attempt to make a go of it, like he has for the last three or four years, but there would not be any of the improvements. He would not be able to hire an additional employee or two. Councilmember Henry Davis, Jr. asked if he sees a volume or high volume of South Bend Police Department cars by the establishment or even like Code Enforcement particularly coming in and looking at certain things that maybe out of code. Mr. Ricky Singh, 3529 W. Western Avenue, South Bend, Indiana, stated that right now South Bend Police they come every week and make sure that everything is ok. Nothing unusual, they patrol, takes names and address of who they talk to. Councilmember Henry Davis Jr., asked what kind of food is being sold and does it sell out? Mr. Singh stated that it is frozen food right now. Councilmember Henry Davis Jr., stated that he wished that Scott Ford was here. He asked Mr. Singh if he ever considered going to a different property along Western Avenue that may be able to accommodate all of which he would like to happen? Mr. Singh stated no, there is not that much property available. Councilmember Henry Davis, Jr., stated no there is not, but there is one on the corner Sheridan and Western Avenue which was an old 7-11 many years ago that potentially could play out a certain scenario given the gas pump situation and the neighborhood organization and with the gas station on the corner of Falcon and Western Avenue, that is the reason that he is asking. Mr. Danch advised that would entail him selling his property before he could buy another piece of property. Councilmember Henry Davis stated that is why he was hoping Scott Ford the Community Investment Director was here. In the interest of the dollars that you guys were just talking about 500-600 hundred thousand dollars not wanting to waste or be in the situation that it could not be used at the Western Avenue Corridor because it is sorely needed. That is why he was asking that 5 REGULAR MEETING JULY 8, 2013 question because it could help out the petition in that certain situation. He stated that if the City in some way, shape or form had a plan to have some idea, like trading properties, or whatever we do to make sure that this could happen. We need that but no one is here. Mr. Danch stated that they have not had any contact with the city if this does not happen that there is something else. Councilmember Henry Davis, Jr., stated that this happens all the time. Councilmember Scott stated that he wanted to follow up on President Dieter’s questions, just a different variety. Do you currently have any licensing to sell Notre Dame Paraphernalia or any other collegiate sports paraphernalia NBA, NHL, MLB NFL? Mr. Singh stated that they sell plain t-shirts, plain jackets. This being the time heretofore set for the Public Hearing on the above, bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of the bill: Rev. Greg Brown, 1238 Diamond, South Bend, Indiana, stated that he is in support of the Munchie Mart. During the summer Ricky’s has supported the youth on the west side. He supplied all the green t-shirt’s for South Bend Washington when it comes time to print them. He stated that we need more people to invest in that corridor there. At one time Sgt. Mike Miller when he ran began to run for Sheriff, he was working security out there and he used to go out there and talk to him and visit with the youth out there, have the GOD Squad out there and mind you that anything that they can do to put our kids or put someone to work in our zip code he is for that and is asking the committee and the Council board to really consider passing this so that we can make a difference in South Bend, Indiana. Kathryn McCauley, 218 S. Kenmore, South Bend, Indiana, right around the block from the Munchie Mart/Rick’s Mart. She stated regarding Mr. Davis’ remark about Sheridan. At a previous meeting here it was like there were too many convenient stores in the area where he’s at but there’s even more down that way, they put in the Dollar General in everything and there is more gas stations. We do have a gas station on Falcon; she doesn’t like to use it. She goes to Rick’s Mart almost every day, she walks her down at ten o’clock whatever, she feels safe and secure. Never been harassed no problems her main concern was the parking situation and the design for landscaping will rectify that. Because if you are going west on Western and you have to turn right there to go north it’s a stab in dark with cars backing out or kids are crossing or something like that and very surprised that there aren’t all kinds of accidents there. So his idea of the landscaping will take care of that. There is a lot of foot traffic between the housing projects up and down all the time on her street she sees and lives it every day. It’s not that they are trapped its people need the service and it is sorely needed and many people really appreciate it and when you were questioning about the kind of food and stuff he carries food like the dollar general, he carries butter or bacon for breakfast. So he has a variety of things there and believes that we have to support the small businessman, they are already in existence because you cannot attract a big corporation in that neighborhood with big plans. So she is in support of this project. Thank You. Mary Johnson, LaSalle Park Homes, stated that she is in favor of this project. She stated that this store means a lot to the neighborhood. She stated that she goes there almost every day and she doesn’t see anything wrong going on with it. She hopes that it will pass. Henry Hall, 254 N. Chicago, South Bend, Indiana, stated that Munchie Mart/Rick’s Mart is a neighborhood store, he complies with everyone in the neighborhood, and everyone loves it. You feel safe walking; driving anyone who comes should try it. It is very convenient and has everything that the neighborhood needs and by adding the gas station will take the overflow that Falcon Street has, especially on the weekends. When on the weekend’s people will drive by so that they don’t have to stop because of the overcrowdings. This would be more convenient for 6 REGULAR MEETING JULY 8, 2013 the neighborhood. Everyone loves Rick and he loves everyone and shows them respect and respect in shown the neighborhood. That’s all I have to say, thank you. Carl Clark, 437 S. Albert Avenue, South Bend, Indiana, stated that he believes this would be a great idea for Ricky to have this. Right now it is kind of hard for small businessman to survive out here alone. Now that we have an opportunity to have a small businessman open up something start investing in the city especially over there in that area. I think that one person could make a difference and bring more business to that area. So I think it would be a great idea for the Council to approve that. Speaker unknown and not audible. The following individual spoke in opposition to the bill: Jacob Hughes, 22815 Hartzer St., South Bend, Indiana, Tobacco Prevention Coordinator for St. Joseph County Minority Health Coalition. He stated that he is here tonight to give a statistical understanding and research type understanding on the effects of corner store gas stations. He stated that they have a lot of research and analysis to come to an understanding that a lot of our culture is influenced by the foods that we eat. Now this real big undertaking for the coalition because we specifically focus on community, specifically community that deals with a lot of disparity and don’t have access to fresh fruits and vegetables. Councilmember White asked Mr. Hughes if he is speaking against the project. Mr. Hughes stated that the reason why he is speaking against the project is culturally what corner store gas stations have done and I’m speaking not specifically even talking about you know to any regulations or stricter regulations on this interest per the Minority Health Coalition. Readily accessible foods that corner store provide are high in sugar and calories. These are usually foods with long shelf lives. They also understand that the foods that are available in corner stores are not only unhealthy but costly as well. On average a person will buy an item that is approximately 357 calories per visit. He has a fact sheet that discusses a lot of disparities and health issues that with these corner store gas stations and if you are talking about accessibility let’s talk about our youth. Approximately 50% of students go to the corner gas stations before school; 48% of students go after school and let’s think about what they are eating. A lot of the foods are high in sugar and have a lot of calories. Also when they go into these stores they are seeing drug paraphernalia, tobacco products and advertisements for them right on the front of these corner store gas stations. You have to understand that over 9 billion dollars are put into advertising when it comes to tobacco. So you think about these kinds of things and you have to understand that these gas stations are doing more harm than good especially with lack of regulations. A lot of research shows that there are a lot of stop and go’s in corner store gas stations are perceived as generators of violence in part because of onsite sales of alcohol; drug paraphernalia, and illicit drugs. So you have to think about that as well. Many residents lack personal transportation and rely heavily on small and medium size food stores in their neighborhoods, many of these stores lack variety of healthy food options and are usually more expensive than larger stores in addition there are many carry out and fast food restaurants in the city that offer fried foods and high calorie foods. So with that being said it is our educated and positive opinion that corner stores need stricter regulations so that they can provide a service to the community rather than disservice. (Mr. Hughes handed facts sheets to Clerk John Voorde) In Rebuttal, Mike Danch addressed two of the items that Councilman Dieter had brought up. Councilman Dieter wanted to add to the written commitments. He asked Councilman Dieter for clarification on the items for the commitment that were talked about. And address some of the items Mr. Hughes who was just here brought up. If we could submit and Council approves this, this would also give the ability to add two additional items that may help the residents that Mr. Hughes had just mentioned. The problem right now is that he is pretty much limited because of the size of the building and what’s there. If the improvement could be done he could expand what’s sold on the site to residents that walk or also residents who drive in. If you have any questions for us we’ll be happy to answer. 7 REGULAR MEETING JULY 8, 2013 Council Portion: Councilmember Scott no questions. Councilmember Henry Davis stated that he is really disappointed with a number of things and it has to do with the culture of poor people fighting poor people. There is a great opportunity for someone to invest loads of money into an area that sorely needs the investment. But we clearly are not being supportive especially because of this issue right here since November of being or adopting a plan for Western Avenue. I thought maybe Scott Ford would have done something a lot faster than what he did today, however, we are here again looking at and saying no to an investment. What bothers me about all of this is that this really doesn’t have to be. Western Avenue is not vacant; however, it needs some investment. There is always opportunity to allow those investments to happen and in an area where it is more conducive. One example was again Western Avenue and Sheridan Street where you have an old 7-11 Store, the City always participates and you know getting people to move to a certain location because they are trying to expand their business through the betterment of the City. And what we have here it’s almost like a situation where no one wants to touch this and see it crash or have people come speak against it and it becomes politicized. That is my biggest disappointment because there is a community and nd I serve directly the 2 District and it is crying for investment and you have two groups one is saying no and the other yes and now instead of providing a win/win scenario the administration comes up short in the whole situation and this has been since November. This just shouldn’t happen and so it bothers me that we are not here for the people that are my issue, we’re not here for the people, we need the investment and the services are needed in the area. On the other end, I think Mr. Hughes and have been meeting with a group of folks that have clued him in and he has said this out loud before about how we do need stricter regulations on some of these Mini- Mart stores. If you go into any of the other ones like the ones close to LaSalle school, one in Dr. Ferlic’s area on Howard Street you have things that are being sold in those stores again that are promoting the lifestyle that we don’t want any of our kids to be involved in, and so how can we continue to allow those places to exist and promote a culture of destruction. So, again I’m disappointed again because it seems to me that we don’t want to work at these improvements we just politicize them and don’t want to help them figure it out, let’s try to add this and add that to it, it doesn’t work, it doesn’t work. I am sorry for Mr. Singh; I have told him prior to this meeting that if the neighborhood organization required him to vote against it, then that’s what he would do. I have been in conversations with them from the beginning of time with this situation. So, I want to do my job for the people that I work for, however, if we want to continue to have the City of South Bend suffer, then we are going to continue to make these bad decisions and not plan out. If we want to see South Bend flourish then we need to go buy in such a way that it makes sense. And that requires the Mayor to be involved, his department heads to be involved, and the Council people that are sitting at this table to be involved in a more positive manner. We can’t continue to take a back seat to this stuff. This is going to hurt our community. Either way it goes. Councilmember Dr. Fred Ferlic: I commend you for investing 500 600 hundred thousand dollars in an area as Mr. Zappia states that certainly needs investment. The businessman puts in businesses to make money. They have to have (inaudible), schools, that’s were businesses go. Where you have a safe environment and I commend you that you are willing to invest that amount of money to help the citizens of South Bend. Councilmember Oliver Davis: A couple of things that I would like to address. He is a little concerned and this not the nature of full discretion in my regarding the corner gas stations. I don’t like the premise of that because of the fact in my “neighborhood” we may have some stores that are (inaudible), they sell alcohol, they sell cigarettes, there is a lot of Wal-Marts, K- Marts, and every other place they sell it at all different places. You see where the liquor is in those stores and it’s sometimes right next to the party stuff. Over the last few weeks I have looked at the concept around used cars versus convenient stores and I have been thinking about just the tone this sets. I see this but I can go down a whole a list of things with every single store, so just to single out the convenience stores I hope that the Minority Health Coalition will broaden their thought and not just deal with it because that could be the area that we are used to that kind of stuff. (inaudible) But back to this issue I feel Councilman Davis is right on this one 8 REGULAR MEETING JULY 8, 2013 in terms of whichever way we are going on this is not good. When you showed your address you thth live in the 6 District because right across the street is the 6 District some showed their address nd and right across is the 2 District because we service the same operation right there, so he has people who are definitely against it and people who are definitely for it, and Mr. Divita, Mikes here and Ms. Roos is here I true was hoping that we could come to some understanding which the administration was helping us out with this one. Because this is not an interesting, this is a tuff case, as Mr. Danch you talked about today, we shared that today, and that is what I wanted to share that I still have a few more minutes before we make our final decision because this is where my head is that I couldn’t come in here and recognize what the neighborhood group wants me to do. Personally I also wanted to hear you all, and as much as I respect the neighborhood group tonight, and you all showed up here tonight, I applaud you all because you have a stronger case tonight than you had last time. Mr. Zappia I want to thank you for making some of the adjustment that we asked for last year. I thought I am glad to see that you have made all the adjustments that have been asked and that is very important to me. I’m going to take the last few seconds I have to think and be quite and see what my other colleges have to say. Councilmember Gavin Ferlic: This is tough, but I certainly want to support this investment. I have some reservations because of the neighborhoods concerns. From when you first presented it you did not garner support from the neighborhood organizations. I was also disappointed with the fact that the store has been sighted for code violations. I want to urge you that if this doesn’t pass to continue working with neighbors so that you might be able to invest. Councilmember Derek Dieter: Regarding a commitment that is not fulfilled what the ramifications would be. Councilmember White asked Councilmember Dieter who he would like that question directed to. Councilmember Dieter regarding the things that I asked about and then again that’s one of the issue that the Council people ask as a Council there are certain things that we can view and I don’t know who to lay the blame on and with the administration they did not do their work and it is our responsibility to do our work and get them done. So my question is regarding how many of these commitments if let’s say the commitment on the paraphernalia, roach clips, rolling papers, someone goes in and finds that what happens to the store? If someone could answer that question? If they get shut down because of that does it constitute a fine, because if we are going to make these commitments and they need to be set in stone, and I don’t want and I trust Mr. Danch in this case, Ricky, but if we make these commitments and they get caught selling, do we shut them down, do we lock the door, what do we do? Christa Nayder, Area Plan Commission, to be honest the Plan Commission we heard those similar commitments those first five that they, Mr. Zappia originally read off today. The Plan Commission heard those as well, as chose not to make that part of the petition. The Plan Commission I don’t think has any enforcement details it would be the City or with you. Councilmember Dieter: How about it we ask and I don’t mean to put her on the spot, but our City Attorney, I mean Corporate Attorney, Corporate Counsel. I am just trying to get into these and we vote and it passes and they don’t adhere to that what happens? Kathleen Cekanski-Farrand: I will give a preliminary recommendation subject to the Corporate Counsel. The first written commitments that Mr. Zappia and Mr. Danch had proposed specifically set forth on page 2 that they are enforced by the City of South Bend #1, #2 by the Council and #3 by owner’s within a 300’ radius. My interpretation that the law department would be the first department and I would not speak on behalf of the law department but that is how I would interpret it, if there is a violation. Councilmember Dieter: So if it is interpreted, what’s the outcome of that interpretation? th Crystal Briscoe, Corporation Counsel, 12 Floor County-City Building, I would have to look into it and see what our remedy would be. I would have to review the document to see if we do have a built in remedy. If this is an open amendment we would certainly want to put that in 9 REGULAR MEETING JULY 8, 2013 there, if the Council would be more comfortable with that, I would prefer to do it that way because that could be a remedy, but we don’t know what that remedy is. Councilmember Dieter that is all I have, because I don’t want to vote for something where I have asked for commitments because there is nothing… Council Attorney Kathleen Cekanski-Farrand : If I could just add a point of information based on what Mr. Zappia and Mr. Danch also talked about we would have to address that no drug paraphernalia, single tobacco items or knock-off merchandise would be sold on the premises or any of the property but also based on what was said at prior committee meetings with regard to the name change, that is also an area that might want to be addressed again with the written commitments. Councilmember White stated that before we move forward she wants to make sure that all questions have been addressed, we probably can’t address all and have answer to those tonight. Council Attorney Kathleen Cekanski-Farrand: I would recommend that you have to have the written commitments first before you can take final action on the entire ordinance. Councilmember Oliver Davis: Based on what they are trying to share with us can we in a sense would it be wise then to delay this for two weeks and get all that language written out. Council Attorney Kathleen Cekanski-Farrand: It would be preferable to ask that of the petitioner so that we can work with them jointly. Mike Danch: We could do that so that I guess for the wording or adding Ricky’s Mart, per what Councilmember Dieter wanted to do. Most of the time and I don’t want to step on the legal part of it, but usually it is there expertise, if there is something that happens that is part of the zoning process, it would also be part of the zoning, there is usually a stipulation, there is a fine that is involved with that. That is usually how the zoning violations work and stipulations occur. Councilmember White asked at this time that our Council Attorney give us some advice in regards to how we should move forward. Secondly, Councilmember Davis prior to that time we have another question. Councilmember Oliver Davis: Based on that what he just shared. When we look at the wording that he was looking for from that standpoint, again I would encourage that any of the concerns what to make we can put it in there because I think that is going to help with the concerns that we heard from the neighborhood organizations. Because based on the conversations that we had this afternoon, about the long history that we have had together and why this happened. And because of what President Dieter said the Council needs to have clarity. Mr. Danch: We can do that, nail down the specific wording for the written commitments and to have that as defined. So what we would do is come back in two weeks and give you that document and let you vote on that at the next meeting. (Councilmembers, Council Attorney, Presenter talking inaudible) Councilmember Henry Davis: Another thing that has to come to mind, there is a really bad curb line that is out there, you know what I am talking about. The traffic is being strangled to like one lane before you get to that corner. Mr. Danch: Are you talking about Western Avenue? Councilmember Henry Davis: Yes, we are clear on that. And my question is how we can prevent any traffic confusion, accidents or jams because people may be turning into the gas station. Because they will be going to the gas station if this goes through. Councilmember Oliver Davis: He is correct. 10 REGULAR MEETING JULY 8, 2013 Councilmember Henry Davis: Because it is really, really bad and I don’t know who thought it was a good idea, I don’t and but we are here now and that really needs to be addressed. Mike Danch: Assuming the zoning gets approved we have to come back and work with the building department on what is called the final site plan and that’s get reviewed by city departments one last time before so that may be taken care of at that time. Councilmember Dieter made a motion to continue this bill until the July 22, 2013. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 11-13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 WESTERN AVENUE, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to continue this bill until the July 22, 2013 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 30-13 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: STREETS AND ALLEYS IN THE AREA BOUNDED BY SAMPLE STREET, HIGH STREET AND THE RAILROAD TRACKS Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. th Michael Mecham, City Engineer, 13 Floor County-City Building, 227 W. Jefferson Blvd., along with Chief Stephen Cox, South Bend Fire Department, 1222 S. Michigan Street, South Bend, Indiana made the presentation for this bill. Mr. Mecham advised that the purpose of this vacation is to allow for the construct of a new South Bend Fire Department Training Facility. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 22-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5-15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2-123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 11 REGULAR MEETING JULY 8, 2013 Councilmember Varner made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Karen White, Chairperson, Health & Public Safety 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. Councilmember Tim Scott, 711 Forest Avenue, South Bend, Indiana, made the presentation for this bill. The City of South Bend is a buzz in anticipation of this bill. We have a sweet, sweet deal right now. Right now I would like to turn it over to my co-presenters Sara Stewart and Vince Barletto. Sara Stewart, Executive Director, Unity Gardens, spoke to the phenomenon know a “colony collapse” all too familiar across the country in recent years. Most recently we have a 55% percent loss in our honey bee population. Bees pollinate over 1/3 of our produce and they give us honey. That this is significant is an understatement in light of the necessary pollination of all flowering plants done by bees. In other words, regardless of the reason for their decline, environmental, climate, or otherwise, the bottom line is no bees, no food. To avoid disaster efforts to encourage honey bee colony formation need to be pushed. In LaSalle Square for example Unity Gardens efforts have increased 400%. The Indiana Code addresses the management of honey bees and is dedicated increase education, outreach, and protection. In order to manage foods natural resource the City of South Bend, Peace Bees, Unity Gardens have come together in collaborative efforts to education our community more. She thanked the Council for their foresight to recognize this opportunity and act on it with United Gardens, Peace Bees, and the City of South Bend. Vince Barletto, Local Beekeeper, 1010 Culver, South Bend, Indiana, stated that his presentation will be short and sweet. The honey bee population and the pollination is a 19 billion dollar a year industry on our food market. They actually pollinate 1/3 of our food, so you can think of it as if we lose our bees we lose our food. They pollinate everything from berries, nuts, and flowers to the food we eat. He presented his power point presentation at this time. (A copy is on file in the Office of the City Clerk) He stated that commercial beekeepers are losing 30 to 90 percent of their bees. He stated that our food prices are directly impacted by that. Mr. Barletto stated that honeybees are peaceful by nature, very docile creatures; they are not interested in you. He stated that this bill amends the code to make it easier for people who want to keep common honeybees in the city. It eliminates the acreage requirement for beekeeping and creates a beekeeping permit through the Department of Code Enforcement. He stated that the applicants would pay a $20 permit fee and prove that they have been advised on beekeeping by an entity. Any hives would need to be placed at least 4 feet from the property line and at least 10 feet from the sidewalk under the ordinance they would also need to be protected by a barrier. It’s called a flyaway barrier and would be placed in front of the hive. This would protect someone who walks through someone’s back yard that is not fenced. If you are allergic to bees, how this would affect you, it doesn’t. Again, remember that bees are allowed in the city so they already exist, we already have trees, flowers and other things that are conducive to the growth of honey bees so they are already here. If you are allergic to bees he would imagine that your allergist tells you to carry an Epi Pen anyways. You should already be prepared for that. This really is not affecting them at all. If you happen to find a swarm in your back yard you will do the same thing now that you would have done prior, you would need to call the city or you can call one of the guys here and they will come get the swarm. Councilmember Oliver Davis two questions, first all, could you explain why you call them peace bees. Alex Lesniak, 25600 Peach Road, South Bend, Indiana, stated that she is the founder of “Peace th Bees” and basically she created this organization while she was in 6 grade to educate the public whether it’s in South Bend and even beyond South Bend about the importance of honey bees and the reason she called them Peace Bees is because she wanted to emphasis their peaceful nature. Honey bees when they sting you they die immediately after, it is not in their nature to just attack 12 REGULAR MEETING JULY 8, 2013 on a whim for no reason only if they feel threatened. Unless you are stepping and that usually doesn’t happen, so that is why she wanted to focus on the peaceful aspect of the honey bees and that’s why “Peace Bees” is so important who ordinance because bees aren’t going to do anything different, they are peaceful and basically just leave us alone and continue to help all the ways that we know they do. Councilmember Oliver Davis asked about those people who are allergic, and the response was to have them be in contact with their allergist. But is there anything that can be done to help education people more about how to protect themselves. Sara Stewart stated that she was glad that question was asked. She thinks there is value in talking about the fear and basing our decisions on fact. Bees are already here, people manage them with allergies. She stated that they will continue to offer at Unity Gardens along with Peace Bees free educational opportunities. By raising awareness we are already educating the public. Councilmember Henry Davis, Jr., stated that there had not been many folks that have gotten permits to have urban chickens in their back yard, how many folks or people do you think that will even sign up to be bee keepers. Sara Stewart stated that issue was discussed earlier; she stated that she will refer to Jim on specific numbers. But one thing she highlighted that the initial investment prohibits most people from being bee keepers. Tim Ives, 27151 St. Rd. 23, North Liberty, Indiana, stated that statistically speaking there is about 1 in 10,000 people in the United States that are bee keepers. Michiana Bee Keeper’s Association currently runs about 150 members in St. Joseph, Elkhart, Marshall, and Starke Counties. Which is about 1 in 6,000 people. The City of South Bend has about 100,000 people so you are looking at the average is 10 – 15 and also coincides with the amount of people that we have in the Peace Bees Schooling for the moment. And as Sara pointed out the cost of getting a couple of bee hives, bees, putting up the fly away barriers, you are looking at $2,500.00 startup cost. It’s not like spending $100.00 to set up chickens. Councilmember Henry Davis, Jr., asked how that helps in the grand scheme of things, when your argument is that we need more bees, we need more folks to invest in this particular sustainable use etc. but know you are telling me that everyone can’t do it or it’s the dollar amount that you have to have in order to play ball. How is that congruent with folks that need a more sustainable living or have better access to healthier foods? Tim Ives stated that there is nobody stopping anybody from getting bees. Sara Stewart stated as you know Unity Gardens offers access to bee keeping on site, because obviously we have bees, we are open and we do the education. One of things that were able to do is let people manage hives there. She stated that they are open to all volunteers helping in the gardens as well as bee keeping, once they are educated on how to keep bees. Tim Ives stated that the way United Garden got set up with bees is that he and the Lesniak’s set them up with bees. He stated that he has approximately 150 colonies of bees. He stated that he is constantly looking for new places to place bees. Anyone willing to have bees, he will set them, you buy whatever equipment and he gets his equipment back the following year, you keep your equipment with bees. He stated that is what he did with Unity Gardens and that’s how he set them up with bees. There wasn’t the initial cost of the bees, his biggest problem is the cost of the equipment, because once you start double up on 100 hives, you are looking at 50 to 60 thousand dollars of equipment. So it is usually somebody who that wants bees, he doesn’t have to buy equipment, he is just going to go sideways in his colony count. Tim Scott stated in presenting this bill they looked at best practices around the country, the foot radius, the flyaway barrier, all the productions, the responsibility of fence yards, flyaway barriers Is conducive to what you see around the country. This is a progressive step and can’t speak for them but to him a Unity Garden is missing one other key ingredient and that is bees, and I can’t 13 REGULAR MEETING JULY 8, 2013 say that they are going to put bees at every garden, but I think that it is something that could be attainable down the road. That is also shared. He stated that he talked to Aaron Perri at DTSB, Mark Tarner is a bee-keeper and Mark is interested in doing a roof top hive for educational purposes downtown. So there is a lot of interest, so what we need to make sure that the law is correct to allow the opportunity for others to take advantage of this. The “colony collapse” needs diversity, that’s what we need, we just need more bees. Tim asked the Council to vote positive on this. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of the bill: Alex Lesniak, 25600 Peach Road, South Bend, Indiana, noted that her address is not in the City of South Bend; however, she feels that she is part of the City of South Bend. She is a graduate of Washington High School. She still lives at home, but is study at Purdue University. She stated that the city is part of her and all of the people that she has spoken to in the City of South Bend over the six years that she has been doing “Peace Bees” she has spoken to over 30,000 people and at least one in every single presentation have come up to her and asked how to get started. She said that they were told that they live in the City and that you have to have 5 acres to be able to do that. She stated that it is really heartbreaking for her to see the enthusiasm on people faces from young to old not being able to start honey bees. She stated that we worked together as a community to help educate for free on bees and we try to involve the community is a positive way. She stated that they teach children the correct way to raise bees and educate them on not being afraid. Another thing that they involve the community with getting the schools involved. She stated they set up hives at Washington High School. The shop department built the hives and the art department painted them. She stated that they want to continue to do things like that, but in order to do that you have to involve the City. She stated that she is allergic to honey bees, and carries her epi pen and have continued to be a bee keeper just because of the fact that I am also allergic to pollen but that doesn’t keep her from smelling flowers. So it is something that she loves and won’t stop doing it. In Chicago very crowded city they allow honey bees and they obviously are not having issues with honey bees attacking our people having allergy issues or things like that. She urged the Council to consider those types of things when making a decision. Thank You. Sam Brown, Citizens United for a Better Government, 415 LaSalle, South Bend, Indiana, asked the Council to vote in favor of this. You voted to have chickens you should vote to have honey bees. Steve Lesniak, 25600 Peach Road, South Bend, Indiana, stated that the cost of getting started we threw out these numbers of two thousand dollars that is if you just purchased everything brand new. There are other ways to stay within the state guidelines of a hive. You can make it yourself, there are different styles of hives that are cheaper, they don’t work as well, but they don’t grown as well. Which may be fine for most people? So those are worst case scenarios throwing out those numbers. There are ways for people to get by on a budget; he has heard that people become bee keepers for as little as a few hundred dollars. They made a smoker out of a tin can; there are ways to do it. Another way and Tim talked about his ideas, we talked at Peace Bees about doing things like an internship, where we would put a hive in someone’s location and they learn from us and over time they would let us keep some of the honey they would pay back for that hive. There are some other opportunities that they are looking at to potentially bring jobs, but hates to go any farther with that because it is so infantile, but it does open the door for things that they want to do, but cannot because the ordinance currently on the books doesn’t allow for that. He stated that he mentioned in committee this afternoon that insurance is not an issue. You rely on your insurance, but really don’t need to; it is not a requirement 4-H does not require any additional insurance nor any other additional liability insurance. Again this is not this horrible thing that we need to be fearful of, it’s something we should embrace and bring the city forward. Sue Kessum, 522 Kennedy Drive, South Bend, Indiana, stated that she is a Purdue Master Gardener. She stated that she supports Unity Gardens and Peace Bees for bringing bees to the 14 REGULAR MEETING JULY 8, 2013 area. She wanted to emphasize that we are down 2/3, no bees no food. It’s real simple no bees no food. By doing this we can bring our bees up to a normal level, we are not at a normal level right now and she thinks that is really important. In China they have such a problem, that they have people going out with paint brushes and pollinating them. She stated that she never wants to see us at that point. She stated that people are asking why we need to have bees in the city, put them out in the county, but the reality is that bees fly 3-5 miles. So what she does in her yard is spray pesticides, and provide organic flowers and benefitting my neighbors who live 3-5 miles away. So those bees are going to be helping the surrounding agriculture. She stated so out of her optic view those bees are going to fly 3-5 miles and they need that larger area to help the surrounding farmers. Bigger cities also have it and she is hoping that we are going to be great innovators as we have with United Gardens. She thanked the Council for the opportunity and reminded them with no bees there is no food. Christopher Huff, 1831 College, South Bend, Indiana, stated that he wanted to speak in favor of this bill. He stated that yes bee hives are out there already. He can verify that personally when he had a tree taken down several years ago. The tree came down and there was a huge bee hive and had no idea that it was there. So they are already here let’s get this passed. There was no one present wishing to speak in opposition to this bill. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this amended bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay (Dr. David Varner.) RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Scott 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 8:31 p.m. Council President Derek Dieter, presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 10240-13 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: STREETS AND ALLEYS IN THE AREA BOUNDED BY SAMPLE STREET, HIGH STREET AND THE RAILROAD TRACKS 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. 15 REGULAR MEETING JULY 8, 2013 ORDINANCE NO. 10241-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5, ARTICLE 3, SECTION 5-15 (a) AND (d) OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED HONEY BEE KEEPING REGULATIONS AND AMENDING SECTION 2-123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember Scott seconded the motion which carried by voice vote of eight (8) ayes. Additionally, Councilmember Oliver Davis made a motion to pass this bill as substituted. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Dr. David Varner.) RESOLUTIONS BILL NO. 13-41 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5405 ROYAL STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE- YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC BILL NO. 13-42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITH THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS – SECTION 2, 2322, 2330, 2338, 2402, 2408, 2416, 2424, 2432, 2323, 2331, 2339, 2405, 2413, 2421, 2509, 2517 BASIN STREET, 2440 BASIN STREET OR 5511 RUNNING DEER DRIVE, 2429 BASIN STREET OR 5469 BALBOA PARK AVENUE, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC Councilmember Oliver Davis made a motion to combine these bills for purposes of Public Hearing. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4265-13 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5405 ROYAL STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE- YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and 16 REGULAR MEETING JULY 8, 2013 WHEREAS, a Declaratory Resolution designated the area commonly known as 5405 Royal Street in Crescent Oaks Section 1, South Bend, Indiana, and which is more particularly described as follows: LOT 3 OF CRESCENT OAKS, SECTION 1A, AS RECORDED AS INSTRUMENT 0839817 in the Office of the Recorder of Saint Joseph County, Indiana. and this property has Tax Key Number 026-1035-058993 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 a residentially distressed area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 3862-08 on May 12, 2008. WHEREAS, the petitioner will exceed the five year designation period granted in the Confirmatory resolution which will expire on May 12, 2013. WHEREAS, the Petitioner has requested an additional period of time to complete construction of the planned project. 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 Confirming Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for residential property tax abatement only and is now limited to six (6) 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 residential property tax deduction for a period of five (5) years. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek Dieter Member of the Common Council RESOLUTION NO. 4266-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITH THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS – SECTION 2, 2322, 2330, 2338, 2402, 2408, 2416, 2424, 2432, 2323, 2331, 2339, 2405, 2413, 2421, 2509, 2517 BASIN STREET, 2440 BASIN STREET OR 5511 RUNNING DEER DRIVE, 2429 BASIN STREET OR 5469 BALBOA PARK AVENUE, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC 17 REGULAR MEETING JULY 8, 2013 WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as Lots Address Tax Key #s 32 2322 Basin Street 026-1035-059901 ______ 33 2330 Basin Street 026-1035-059903 ______ 34 2338 Basin Street 026-1035-059902 35 2402 Basin Street 026-1035-059904 36 2408 Basin Street 026-1035-059905 37 2416 Basin Street 026-1035-059906 38 2424 Basin Street 026-1035-059907 39 2432 Basin Street 026-1035-059908 40 2440 Basin Street or 5511 Running Deer Drive 026-1035-059910 41 2323 Basin Street 026-1035-059909 42 2331 Basin Street 026-1035-059911 43 2339 Basin Street 026-1035-059912 44 2405 Basin Street 026-1035-059913 45 2413 Basin Street 026-1035-059914 46 2421 Basin Street 026-1035-059915 47 2429 Basin Street or 5469 Balboa Park Avenue 026-1035-059916 88 2509 Basin Street 026-1035-059917__________ 89 2517 Basin Street 026-1035-059918 all in Crescent Oaks – Section 2, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND BEING A PART OF PARENT PARCEL OF LAND AS DESCRIBED IN DEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 DEGREES 16 MINUTES 29 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS, SECTION ONE A ; A REPLAT OF CRESCENT OAKS SECTION ONE, AS RECORDED UNDER INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST ALONG THE SOUTH LINE OF SAID CRESCENT OAKS , SECTION ONE A, A DISTANCE OF 706.23 FEET TO THE SOUTHEAST CORNER OF CRESCENT OAKS SECTION ONE A, AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 31 MINUTES 01 SECONDS WEST, ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 59 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A , A DISTANCE OF 10.93 FEET; THENCE NORTH 00 DEGREES 31 MINUTES 01 SECONDS WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION ONE A , A DISTANCE OF 188.50 FEET THENCE SOUTH 89 DEGREES 33 MINUTES 02 SECOND EAST; A DISTANCE OF 469.66 FEET; THENCE SOUTH 10 DEGREES 13 MINUTES 03 SECONDS WEST, A DISTANCE OF 1.91 FEET; THENCE SOUTH 79 DEGREES 46 MINUTES 57 SECONDS EAST, , A DISTANCE OF 60.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE OF 76.58 FEET; THENCE SOUTH 83 DEGREES 32 MINUTES 59 SECONDS EAST, A DISTANCE OF 73.42 FEET; THENCE SOUTH 05 DEGREES 06 MINUTES 09 SECONDS WEST, A DISTANCE OF 116.50 FEET; THENCE SOUTH 02 DEGREES 05 MINUTES 00 SECONDS WEST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 03 SECONDS EAST, A DISTANCE OF 121.31 FEET TO THE NORTH LINE OF DEER HOLLOW SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 0443949 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 89 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID NORTH LINE OF DEER HOLLOW AND THE NORTH LINE OF STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED UNDER INSTRUMENT NUMBER 9516217 IN THE OFFICE OF THE RECORDER IN ST. JOSEPH COUNTY , A DISTANCE OF 651.78 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 4.81 ACRES, MORE OR LESS. 18 REGULAR MEETING JULY 8, 2013 SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD. be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1- 12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION, I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and 19 REGULAR MEETING JULY 8, 2013 D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek Dieter Member of the Common Council Daryl Knip, Abonmarche Consultants, Inc., 750 Lincolnway East, South Bend, Indiana, made the presentation for the Resolutions on behalf of the owner/developer Tampico Developments, LLC. He advised that they are requesting a new five (5) year Residential Property Tax Abatement and an extension. He stated since the initial tax abatement was granted in 2008, the housing market slowed considerably; therefore, only 18 lots out of the proposed 80 lots in the initial tax abatement is scheduled to expire later this year. The extension is for Lot 3 Crescent Oaks, Section 1A. He stated that this property is the last remaining lot to be developed within this section of Crescent Oaks. All the other lots within this section have been developed and are benefitting from the tax abatement. This resolution would allow the owner/developer to extend the tax abatement for an additional year so that they can continue to market this lot with the same benefit. He respectfully requested the Council’s favorable consideration. 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 these Resolutions, Councilmember Oliver Davis made a motion to adopt Bill No. 13-41. 20 REGULAR MEETING JULY 8, 2013 Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Additionally, Councilmember Oliver Davis made a motion to adopt Bill No. 13-42. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING There were no bills for first reading at this time. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION BILL 26-13- AMENDING CHAPTER 21 – ZONING – PUD DISTRICTS Councilmember White made a motion to set this bill for Public Hearing and Third Reading on July 22, 2013, and refer to the Zoning & Annexation Committee. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember Oliver Davis Councilmember Henry Davis commended all who helped pull the construction worker from a gaping hole in Diamond Avenue. He was buried up to his chest for nearly five (5) hours. He stated that this was a very delicate effort and all involved did a great job. PRIVILEGE OF THE FLOOR Jesse Davis, P. O. Box 10208, South Bend, Indiana, spoke regarding the privilege of the floor forms regarding the Bureau of Sewer’s Department double billing. He stated that he has not received a response. He commended the Council and the City Administration on their decision not to get involved in the Chase Tower deal. He commented that it was a disaster adverted. Sam Brown, 415 LaSalle, South Bend, Indiana, representing Citizens United for a Better Government, spoke regarding the street light that was knocked down in front of 230 N. Sadie. He stated that he has safety concerns. He stated that he has some concerns about activities going on at 213 Sadie Street. Christopher Huff, 1831 College Street, South Bend, Indiana, spoke regarding the neglect at the City Cemetery. He stated that it has been talked about for the last 33 years that he remembers. He stated that the cemetery is surrounding by homes that are either vacant, abandoned or is dilapidated condition. He suggested that the city could take ownership and expand the cemetery on the east, south and west, square it off from Walnut to LaPorte to LaSalle and down to Colfax. This would create the possibility create 8,000 new cemetery burial plots. The creation of a substantial and sustainable income stream specifically for the costs associated with expanding the cemetery, cost associated with complete restoration of the cemetery, establishment of a 2 million dollar permanent cemetery endowment to pay for ongoing perpetual maintenance in creation of what would be called an eco-historic tourism fund. It would also create a highly visible and proud public facility of significance which would help to re-anchor the site. 21 REGULAR MEETING JULY 8, 2013 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:52 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 22