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HomeMy WebLinkAbout02-09-09 Common Council Minutes REGULAR MEETING FEBRUARY 9, 2009 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, February 9, 2009 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Oliver Davis 6th District, Vice-President Timothy Rouse At-Large Al “Buddy” Kirsits At-Large Karen L. White At-Large OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the January 26, 2009 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember Puzzello made a motion that the minutes of the January 26, 2009 meetings of the Council be accepted and placed on file. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine ayes. SPECIAL BUSINESS ANNOUNCEMENT OF OPENINGS ON URBAN ENTERPRISE ASSOCIATION AND CENTURY CENTER BOARD OF MANAGERS Council President Dieter announced that the South Bend Common Council will be accepting applications to the Urban Enterprise Association (UEA.) He stated that there are three openings two (2) residents of the zone who must not be members of the same political party; and one (1) representative of a zone business. Council President Dieter announced that the South Bend Common Council will be accepting applications to the Century Center Board of Managers. He noted that applications for both the UEA and Century Center are available in the Office of the City th Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana or on the City’s website www.southbendin.gov He noted that application will be accepted until Friday, February 20, 2009. 1 REGULAR MEETING FEBRUARY 9, 2009 ANNOUNCEMENT OF SPECIAL MEETING OF THE COUNCIL – MAYOR’S STATE OF THE CITY ADDRESS Council President Dieter announced a Special Meeting of the Council on Monday, February 16, 2009 at 6:00 p.m. to be held at the Century Center Recital Hall, 120 S. St. Joseph Street, South Bend, Indiana, for the sole purpose of hearing the Mayor’s Annual Address. ANNUAL REPORT FROM THE YOUTH ADVISORY COUNCIL The 2008/2009 South Bend Youth Advisory Council (YAC) gave their annual report. They noted that they meet once a month on the third Wednesday of each month in the Council Informal Meeting Room. Speaking on behalf of the Youth Council were Jeremy Toschlog, Intern, IUSB; Maria Catanzarite, Senior, Riley High School; Monica Murphy, St. Joseph High School; Tom Walker, Junior, Adams, High School; and Fran Touhey, Graduate, IUSB. They advised that during the past year the Youth Advisory Council held a Mayoral Debate; toured various Councilmanic Districts in South Bend, and held a 24 hr. Dance Marathon at IUSB with the proceeds being donated to the Center for the Homeless. The advised that there next event will be touring the Robinson center. They thanked Councilmember Karen L. White along with IUSB interns Jeremy Toschlog, Antoinette Redding, and Fran Touhey for their leadership and guidance this past year. The Youth Advisory Council will be looking for students to replace eight (8) members that will be graduating this year and that is one of their primary goals. They invited members of the public to attend their meetings. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:20 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. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello 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 Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 84-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 541 WILLIAM AND 543 WILLIAM, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the Petitioner is requesting a zone change from MF1 Urban Corridor Multifamily District to OB Office Buffer District, to allow an office (northern duplex unit) and a residential unit (southern duplex unit.) On site is a 3,400 square foot duplex building. To the north is an office. To the east is a parking lot zoned SF2 Single Family and Two Family District. To the south are single family homes and a funeral home zoned SF2 Single Family and Two Family District. To the west are homes zoned SF2 Single Family and Two Family District. The OB Office Buffer District is established to promote the development of small scale office, professional, business, 2 REGULAR MEETING FEBRUARY 9, 2009 governmental and quasi-governmental uses. Since the types of permitted uses in the OB District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential district and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. The site plan shows a 3,400 square foot duplex. This covers 35.8% of the site. The northern half would be used as office space and the southern half would remain a residential rental unit. There will be a shared parking area between the petition site and the office to the north. The existing drive on Portage will remain. The parking area covers 3,185 square feet or 33.6 % of the site. The remaining 2,905 square feet or 30.6% is open space. The site is served by municipal water and sewer. The Department of Community and Economic Development identified this rezoning as consistent with City Plan, and the Portage Avenue Commercial Corridor Revitalization Action Plan. The building is currently set up as a duplex. The property to the north has been used as an office since 1981. The funeral home is also a long standing non- residential use. The majority of the surrounding area is single family homes. This is only a few blocks away from the Central Business District. The most desirable use for this property is to accommodate the adaptive re-use of the buildings to a use that can be compatible with the neighborhood. Surrounding property values should not be negatively affected. It is responsible development and growth to allow the expansion and adaptive re-use of buildings. 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. Ms. Nayder further noted that given the office immediately to the north, this is an appropriate re-use of the existing building. The shared parking area and additional landscaping will enhance this gateway into the Portage Avenue Corridor. Mr. Peter G. Trybula, Board Treasurer, F.I.R.E. Inc. (d/b/a Families First Center), st Attorney, Barnes & Thornburg LLP, 600 1 Source Bank Center, 100 North Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Trybula advised that the petitioner is seeking a rezoning for property located at 421 Navarre now 541 William and 419 Navarre now 543 William to re rezoned from R-2 Residential to OB Office Buffer to allow mixed use as offices (northern duplex unit) and residential (southern duplex unit). He stated that the use of the site immediately to the north is for offices, this is non-profit social work. They conduct supervised visitation for children that have been removed from their custodial parent. They are conducted 6 days a week. They are open from 10 in the morning until about 7 at night. They also conduct a number of parenting classes. Their client base is referred to them by the St. Joseph County Court system and also by the Department of Family and Children. Currently F.I.R.E has been occupying the site at 605 Portage, which is immediately north from this site. They purchased that home four (4) years ago and they have been using it for this purpose. Unfortunately their clientele has increased and they need additional space. Mr. Trybula noted that they have support from the Chapin Street Park Historic District and the neighborhood association. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 3 REGULAR MEETING FEBRUARY 9, 2009 BILL NO. 85-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, SOUTH BEND, INDIANA 46637, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. th Christa Nayder, Staff Planner, Area Plan, 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 SF1 Single Family and Two Family District & MF1 Urban Corridor Multi-Family District to MU Mixed Use District to allow Small Retail Shops and Residential Rental Units. On site is vacant land. The house and storage building seen on the aerial have been removed. To the north are single family homes zoned R Single Family District (County). To the east is a condominium development zoned MF2 High-Density Multifamily District (City). To the south is a storage shed on property zoned R Single Family District (County) and bed and breakfast zoned CB Community Business District (City). To the west across Ivy Court is vacant land with one house zoned R Single Family District (County). 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: store front 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 for this rezoning is 0.97 acres. The proposed building is 9,880 square feet, covering 23.4% of the site. A total of 56 parking spaces are provided, for a total paved area of 19,010 square feet or 45% of the site. The remaining 13,363 square feet will be open space. There is one access point on Ivy Court. The building is oriented to Ivy Court, with parking on the north and east sides. The northern two lots were annexed on September 12, 1988. Later that year they were rezoned to B Residential (Multifamily). The southern lot and a portion of vacated Ivy Road were annexed on December 31, 2008. Ivy Court is a two lane cul-de-sac. Twyckenham Drive has four lanes with a center median. The site will be served by municipal water and sewer. The City Engineering Department may have a water and/or sewer line in the old Ivy Road right-of-way. The City Engineering Department will determine the location of any easement needed. The developer will be required to work with City Engineering to adjust the building configuration if existing infrastructure improvements exist in the vacated right-of-way of Ivy Road. The Department of Community and Economic Development suggests the sidewalk be moved closer to the building and the trees moved outside the sidewalk. If trees are to be planted in the right-of-way, the City Forrester must be contacted. The developer will be required to work with the City Parks Department for creating an acceptable tree planting area along Ivy Court frontage, as shown. City Plan, South Bend Comprehensive Plan, November 2006. H 1.3 Encourage the development of mixed-use buildings. LU 2.1 Encourage developers to use planned unit and traditional neighborhood development models to promote land use compatibility in future development. LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. The future land use map identifies this area as low and high density residential. The site is vacant. The area to the east of Notre Dame is experiencing tremendous growth. Several high density residential projects have been built in the past few years. The realignment of Twyckenham Road created Ivy Court, which accesses the bed and breakfast and condominiums. The eastern edge of the athletic complex for the University of Notre Dame is directly across Twyckenham Drive. High density residential complexes also exist due east of the site. The most desirable use for this site incorporates the trend of high density residential and the increased need for 4 REGULAR MEETING FEBRUARY 9, 2009 services due to the increase of residents in the area. The surrounding property values of the existing residential properties to the north may be affected. It is responsible development and growth to allow a mixed use development compatible with surrounding high density residential and commercial uses. 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. A mixed use development containing both residential and commercial components would not be out of character in this neighborhood. The proximity to the University of Notre Dame, high density residential projects in the area, the commercial at Edison and South Bend Avenue and the new Innovation Park building are driving the need for a walkable, commercial-style development. Ms. Nayder did advised that the Commission received two letters against this rezoning, one from north of Ivy Court and the other from an owner south on Ivy Court who also lives in the neighborhood. Mr. Michael Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, representing the petitioners John & Leona Rappelli and Rosemary Mandrici, made the presentation for this bill. Mr. Danch advised that what they are asking to do is take this property that is on the southeasterly corner of Ivy Court and Twyckenham Drive to a mixed-use category. He stated that they had worked with the University of Notre Dame at the time Twyckenham Drive was realigned and there was some swapping of some property. The petitioners had looked to do something different at this property and would like to do a mixed use. As shown on the site plan is a two story building approximately 9,800 square feet. The first floor would have some small shops. What they are envisioning for this area is something that works well with this area where you have pedestrian traffic, from the University as well as from the condominiums located just east of this development. Also there are small shops along State Rd. 23 and Edison Road, which are similar in nature. The second floor of this development would be residential, approximately 10 units max. Mr. Danch stated that he has been in contact with Mr. James Masters, an attorney who is representing some residents of Jamison House, 1505 Ivy Ct. Some of the concerns have been the access into and out of the development. Mr. Danch stated that there is a paper alley to the east side of the property approximately 14’ foot wide. Just on the other side of that there are condominiums that front toward Notre Dame. Their driveways and garages access a portion of that alley and come out to any alley to the south and goes out to Twyckenham. He stated that he is talking a 14 foot alley that is to the south end of the property and making that to about a 24 foot wide alleyway. He stated that what that will do is allow the condo owners to exit out to Ivy Court better than they can today. The second item of concern for Mr. Master’s clients was to relocate the dumpster unit. He stated that they would move that dumpster and provide heavy screening along the eastern boundary. The final concerning was that no controlled uses or liquor stores as defined in the South Bend Zoning Ordinance would be allowed. There was no one present wishing to speak in favor of this bill. The following individual spoke in opposition to the bill. Mr. James A. Masters, Attorney at Law, 211 W. Washington Street, Suite 1800, South Bend, Indiana, stated that speaking in opposition to this bill is a little harsh. He stated that he is representing seven residents of Jamison House. He stated that his clients concerns are those as mentioned by Mr. Danch. He stated that Mr. Danch’s willingness to modify the site plan to show access easements on the east and south side wide enough to accommodate public safety vehicles; secondly, the relocation of the dumpster so that it does not obstruct the view from the Jamison House; thirdly no controlled uses or liquor stores as defined in the South Bend Zoning Ordinance and lastly not permit game day parking. If those conditions are met, his clients would support this petition. 5 REGULAR MEETING FEBRUARY 9, 2009 In Rebuttal, Mr. Danch advised that they will follow the written commitments as approved in the Area Plan Commission those being 1. Access easements to Jamison House on parcel 024-1008-0615; 2. Relocation of the dumpster so that it does not obstruct the view from the Jamison House building on parcel 024-1005-0615; 3. No controlled uses or liquor stores as defined in the South Bend Zoning Ordinance. Mr. Danch further noted that his clients would not object to the request not to allow game day parking. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted and subject to all written commitments on the January 21, 2009 letter from the Area Plan Commission. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 86-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3013 SAMPLE STREET, SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Daniel Hernandez, 726 S. Lake Street, South Bend, Indiana, stated that he is here to help Mr. Juan Carlos Mendiola, 601 S. Meade Street, South Bend, Indiana; he doesn’t speak English very well. Mr. Hernandez advised that Mr. Mendiola does not have any intention for a business in this house; he just needs it for his family, and therefore, respectfully requests the Council’s favorable consideration. This being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kirsits made a motion for favorable recommendation to full Council concerning this bill. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 04-09 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST-WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD Councilmember Varner, Chairperson, Public Works & Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Derek J. Spier, Planner, Abonmarch Consultants, LLC, 750 Lincoln Way East, South Bend, Indiana, made the presentation on behalf of the current owner, Northeast Neighborhood Revitalization Organization, Inc., and the contingent owner, Weiss Homes, Inc. 6 REGULAR MEETING FEBRUARY 9, 2009 Mr. Spier advised that the petitioners are seeking to vacate the 14 foot wide alley being the first east-west alley lying south of Kalarama Street between Turnock Street and the first north-south alley east of North St. Louis Boulevard. This vacation would allow for the utilization of the north 7 feet of the vacated alley in order to develop two homes to the north. The additional 7 feet will give Weiss Homes the needed width for the construction of two homes. Mr. Spier noted that without the additional 7 feet, only one home could be constructed due to the current narrow lot widths. 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 was no one present wishing to speak to the Council in favor of this bill. The follow individual spoke in opposition to this bill. Ms. Delois Weymon, 720 N. St. Louis Boulevard, South Bend, Indiana, spoke in opposition to this bill. Ms. Weymon advised that she uses the alley in question everyday to get in and out from her garage and does not want to see that portion of the alley closed. Mr. Spier asked to have the bill continued until the February 23, 2009 meeting of the Council so that he can talk with Mrs. Weymon and discuss her concerns. Councilmember Varner made a motion to continue this bill until the February 23, 2009 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 06-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6, OF THE SOUTH BEND MUNICIPAL CODE AND TO ADD SECTION 6-4.7 TIME LIMITATION ON PERMITS, AND SECTION 6- 26 LOW VOLTAGE CONTRACTOR REGISTRATION Councilmember Varner, Chairperson, Public Works & Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Chuck Bulot, Building Commissioner, 125 S. Lafayette Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Bulot advised that on December 31, 1991, the City of South Bend and the County of St. Joseph entered into an agreement to merge their building departments; and further create the “Consolidated Building Board.” In 1993, by Ordinance No. 8412-93 subsection 1, the Board created the Building Department as an enterprise fund. Mr. Bulot noted that it has been determined that in order to adequately maintain the enterprise fund, a fee increase would be needed as set forth in this ordinance. In addition, advanced technology has created a need for regulations and inspections of low voltage installations as set forth in this ordinance. Further, the increasing demand for formal documentation of various zoning regulations and compliance has crated a need for fees related to processing of these documents. Mr. Bulot stated that all document fee increases are based on 2008 year-end average hourly overhead costs for one-hour and two-hour processing times. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 7 REGULAR MEETING FEBRUARY 9, 2009 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, 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 8:09 p.m. Council President Derek D. Dieter presided with nine (9) members present. BILLS, THIRD READING ORDINANCE NO. 9899-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 541 WILLIAM AND 543 WILLIAM, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of 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. 9900-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, SOUTH BEND, INDIANA 46637, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA 8 REGULAR MEETING FEBRUARY 9, 2009 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 Puzzello made a motion to pass this bill as amended. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9901-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3013 SAMPLE STREET, SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA 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. 9902-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6, OF THE SOUTH BEND MUNICIPAL CODE AND TO ADD SECTION 6- 4.7 TIME LIMITATION ON PERMITS, AND SECTION 6-26 LOW VOLTAGE CONTRACTOR REGISTRATION This bill had third reading. Councilmember Rouse made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3947-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 744 SOUTH MAIN STREET WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: 9 REGULAR MEETING FEBRUARY 9, 2009 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: 744 South Main Street, South Bend, Indiana In order to permit: A Special Exception to allow a group residence (contingent on rezoning from LI to MU) SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits, Chairperson, Zoning and Annexation Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Mark Lyons, Assistance Zoning Administrator, Building Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Lyons advised that the petitioners are seeking a special exception to allow a group residence, for weather related emergency on property located at 744 S. Main Street. The property is currently zoned LI pending rezoning to MU. Mr. Lyons further advised that this petition is sent to the Common Council with a favorable recommendation, subject to the rezoning and to allow a group residence for weather related emergencies as set by the St. Joseph County Continuum Care. Mr. Michael Baxter, 515 S. St. Joseph Street, South Bend, Indiana, made the presentation for this bill. 10 REGULAR MEETING FEBRUARY 9, 2009 Mr. Baxter advised that he is one of three board members for Our Lady of the Road, along with Margaret Pfeil and Charles Wilber. He stated that Our Lady of the Road was opened in December 2006 and was originally opened during the day to provide simple services such as serve coffee, showers, and laundry facilities three days a week, Friday, Saturday, and Sunday. Mr. Baxter stated that they thought there might be a need to provide some overnight stays as well, but never perused the idea. However, this past fall, 2008, several of the other social agencies (Center for the Homeless, Hope Ministries, and Life Treatment Center) turned to Our Lady of the Road during the weather amnesty program to provide some relief. The weather amnesty program allows people to come in out of the cold for an overnight stay on a very simple basis, come in the evening and leave in the morning. Mr. Baxter stated that he believes that the large number of individuals seeking shelter during the weather amnesty program was based on the down turn in the economy and the bad weather that transpired during December 2008 and January 2009. Mr. Baxter stated that is the reason that they are seeking this Special Exception rezoning from LI to Mixed Use, to allow people to stay on an overnight basis for weather related emergencies as set by the St. Joseph County Continuum Care. Ms. Margaret Pfeil, 744 S. Main Street, South Bend, Indiana, advised that this Special Exception is also favored by Mr. David Vanderveen, Executive Director, Hope Ministries, 432 S. Lafayette Blvd, South Bend, Indiana, and by Mr. Steve Canilerri, Executive Director, Center for the Homeless, 813 S. Michigan Street, South Bend, Indiana. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis, made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3948-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 912 NORTH ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL TAX ABATEMENT FOR JOSEPH AND CAROLYN QUEENAN WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 912 North St. Peter Street, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot #129A of the Plat of “Sorin’s Second Addition Fifth Replat” Subdivision recorded by document No. 0809811 in the Records of the St. Joseph County, Indiana Recorder’s Office. Containing 0.19 acres more or less. Subject to all legal highways, easements & restrictions of record. 11 REGULAR MEETING FEBRUARY 9, 2009 , and this property has Tax Key Number 018-5107-2783be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. 12 REGULAR MEETING FEBRUARY 9, 2009 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. Joseph Queenan, 2043 South Bend Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Queenan advised that he and his wife Carolyn plan to construct a 2,300 square foot, single-family, owner-occupied home. The home will be two stories. It will have three bedrooms and three bathrooms, a front porch, a finished basement and a two-car garage. The estimated cost of the home is $345,000. 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 Oliver Davis made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.) BILLS – FIRST READING BILL NO. 07-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1032 WAYNE STREET, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 13 REGULAR MEETING FEBRUARY 9, 2009 BILL NO. 08-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1147 N. HICKORY RD., 1151 N. HICKORY RD., AND 1205 N. HICKORY RD., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 09-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $25,000.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND FOR THE PURCHASE OF NECESSARY SERVICE, REPAIR, AND REPLACEMENT OF THE HOT WATER HEATER AND 120 GALLON STORAGE TANK IN THE MECHANICAL ROOM OF THE MORRIS PERFORMING ARTS CENTER (FUND NUMBER 416) This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Parks, Arts, Recreation, Culture, (PARCS) Committee and set it for Public Hearing and Third Reading on February 23, 2009. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 10-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $59,850.00 PLUS ADDITIONAL NOMINAL INTEREST FROM GENERAL GRANT FUND (#250) FOR ART IN PUBLIC PLACES, AND CLOSING FUND #250 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Parks, Arts, Recreation, Culture, (PARCS) Committee and set it for Public Hearing and Third Reading on February 23, 2009. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $350,000 FROM THE MAJOR MOVES FUND NUMBER 412 FOR THE ACQUISITION OF PROPERTY NEEDED FOR CONSTRUCTION OF THE AUTEN ROAD CONNECTOR This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on February 23, 2009. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. 14 REGULAR MEETING FEBRUARY 9, 2009 BILL NO. 12-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 14, TO ESTABLISH ONE ADDITIONAL FUND NAMELY, FUND NO. 454, AIRPORT ECONOMIC DEVELOPMENT AREA/ URBAN ENTERPRISE ZONE SPECIAL ZONE FUND This bill had first reading. Councilmember LaFountain made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on February 23, 2009. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 8:24 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 15