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HomeMy WebLinkAbout03-08-10 Common Council Meeting Minutes REGULAR MEETING MARCH 8, 2010 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, March 8, 2010 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 Thomas LaFountain 3rd District Henry Davis, Jr. 2nd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large Karen L. White At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney Janice I. Talboom Deputy City Clerk Absent: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the February 22, 2010 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember White made a motion that the minutes of the February 22, 2010 meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:01 p.m. Councilmember Oliver 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. 1 REGULAR MEETING MARCH 8, 2010 PUBLIC HEARINGS BILL NO. 01-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY CHAPIN STREET, NORFOLK SOUTHERN RAILROAD, LAUREL STREET, AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to continue this bill until the March 22, 2010 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried. BILL NO. 07-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN’S ALLEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST/WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH/SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS, AND A WIDTH OF 5 FEET. SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY Councilmember Dieter made a motion to continue this bill until the March 22, 2010 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried. BILL NO. 12-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF LAPORTE AVENUE ALONG COLFAX AVENUE TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 8 FEET Councilmember Dieter made a motion to continue this bill until the March 22, 2010 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried. BILL NO. 10-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2010 FOR VARIOUS EXPENDITURES Councilmember Dieter made a motion to continue this bill until the March 22, 2010 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried. 2 REGULAR MEETING MARCH 8, 2010 BILL NO. 11-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $10,200 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR A ONE YEAR BILLBOARD LEASE TO MARKET THE MORRIS PERFORMING ARTS CENTER Councilmember Dieter made a motion to continue this bill until the March 22, 2010 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried. RISE AND REPORT Councilmember Dieter 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 7:03 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING There were no bills for Third Reading at this time. RESOLUTIONS RESOLUTION NO. 4017-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NO. 14 & 15 ON VORDEN PARKWAY ADJACENT TO 3751 OLIVE ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS, LLC 3 REGULAR MEETING MARCH 8, 2010 WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as Lots No. 14 & 15 on Vorden Parkway adjacent to 3751 Olive Road, South Bend, Indiana, and which is more particularly described as follows: Lots 14 & 15 B W Business Park Major Sub 02-03 New Replat 401 3-16-2001 and which has Key Numbers 031-1036-0590.12 (Lot No.14) and 031-1036-0590.13 (Lot No.15), be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed 4 REGULAR MEETING MARCH 8, 2010 by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of up to six (6) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Rouse, Chairperson, Community and Economic Development Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Jamie Ruiz, CB Richard Ellis/Bradley, 202 S. Michigan Street, Suite #200, South Bend, Indiana, made the presentation for this bill on behalf of the Petitioner, Oliver Cleveland Partners. Ms. Ruiz advised that Oliver Cleveland Partners are in the process of purchasing vacant Lots No. 14 and 15 from BW Business Park, LLC. They plan to construct a warehouse/distribution facility to accommodate the relocation and expansion for their existing tenant, Invacare Corporation. He noted that the new building will have 80,000 square feet and fifteen (15) docks. The estimated cost of the building is $2.4 million. Ms. Ruiz stated that Invacare Corporation is a leading manufacturing and designer in the worldwide home medical equipment market. The company designs, manufactures and distributes an extensive line of health care products for the non-acute care environment, including the home health care, retail and extended care markets. She further noted that the project will retain 23 existing permanent full time jobs. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 5 REGULAR MEETING MARCH 8, 2010 BILL NO. 10-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING THE CITY AS A RECOVERY ZONE Councilmember Rouse made a motion to continue this bill until the March 22, 2010 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILLS – FIRST READING BILL NO. 14-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2411 SOUTH MAIN STREET SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO. 6, 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 White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 521 ECLIPSE PLACE, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 2, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 16-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Rouse 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 6 REGULAR MEETING MARCH 8, 2010 There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 7:21 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 7