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HomeMy WebLinkAbout03-14-11 Common Council Meeting Minutes REGULAR MEETING MARCH 14, 2011 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 14, 2011 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 1 st District, President Thomas LaFountain 3rd District Henry Davis, Jr. 2nd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District, Vice-President Al "Buddy" Kirsits At-Large Timothy Rouse At-Large, Chairperson Committee of the Whole Karen L. White At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy 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 28, 2011 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 Puzzello made a motion that the minutes of the February 28, 2011 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. REPORTS OF CITY OFFICES Catherine Toppel, Director, Code Enforcement was scheduled to give an update this evening. Ms. Toppel advised that she was out ill and would like to reschedule for Monday, March 28, 2011. 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 Rouse, Chairperson, presiding. 1 REGULAR MEETING MARCH 14, 2011 Councilmember Rouse 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 Rouse stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 03-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5032 MIAMI ST., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT FIVE (5) IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Vice-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. Christa Nayder, Staff Member, Area Plan Commission, 11th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner is requesting a zone change from SF 1 Single Family and Two Family District to OB Office Buffer District to allow an insurance agency. She stated that on site is a house and shed. To the north is a single family home zoned SF 1 Single Family and Two Family District and the Fairington Apartments zoned M172 High-Density Multifamily District. To the east is a vacant parcel zoned SF 1 Single Family and Two Family District and the Fairington Apartments zoned M172 High-Density Multifamily District. To the south, across Jackson Road, is the Southside Baptist Church, zoned SF 1 Single Family and Two Family District. To the southeast is the Hermitage Estates subdivision zoned PUD Planned Unit Development District. To the west, across Miami Street, is Jackson Middle School and a NIPSCO substation, both zoned SF Single Family and Two Family District. Ms. Nayder advised that the Office Buffer District is established to promote the development of small scale office, professional, business, 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 districts 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. She stated that the site if 1.15 acres. A new 5,950 square foot building is proposed. The maximum size of a building in the OB Office Buffer District is 5,000 square feet. A variance for building size will need to be filed with the Area Board of Appeals. The building coverage is 12% of the site. The twenty-two parking spaces, plus drives, cover 25% of the site. The site plan shows an access on Miami and an access on Jackson. The subdivision done in 1986 allowed one access on Miami. A replat must be submitted so that the access on Jackson can be granted by the Plat Committee during the subdivision process. She noted that Miami Road was recently widened to four lanes. Jackson Road is two lanes with a right turn lane. The site is currently served by a well and septic system. The site plan indicates the new building will be connected to water and sewer. Water lines are located along both Jackson Road and Miami Street. The City Engineer notes sanitary sewer is located approximately 275' east of the site. The Historic Preservation Commission lists this structure as "notable" on a 2005 survey. She noted that the future land use map has designated this site as low density residential. Ms. Nayder noted that if properly buffered, the surrounding property values should not be affected. It is responsible development and growth to accommodate compatible uses at this intersection. Based on information available prior to the public hearing the staff recommends the petition be sent to the Common Council with a favorable recommendation. Ms. Nayder stated that the intent of the Office Buffer District, in part, is to serve as a transition district. The OB District development standards are established 2 REGULAR MEETING MARCH 14, 2011 to assure small scale developments. An Area Board of Zoning Appeals variance will allow for a slightly larger building while limiting land uses that would be incompatible to the area. Ms. Abigail Renie, 2310 Wolf Point Drive, Rochester, Indiana, stated that she is the contingent purchaser of this property as the developer for Indiana Farm Bureau Insurance, made the presentation for this bill. Ms. Renie advised that it is their intent to develop this site for a single tenant office building for a new location in South Bend. She stated that after months of searching for a location found this particular property which met all their intents and uses. She noted that Farm Bureau has a strong presence in most Indiana counties as well as a good relationship with friends and neighbors. She noted that they are excited to be located in more of a buffered area. She advised that was a request of the Area Plan Commission and were happy to accommodate that request. She stated that the construction is a classic timely style structure in a low traffic area. She stated that they intend to landscape the property and develop it per all of South Bend's covenants. 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 nine (9) ayes. BILL NO. 06-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,500,000.00 FROM STATE GRANT FUND (#210) AS THE OPERATING ENDOWMENT FOR THE RAY AND JOAN KROC CENTER Councilmember Ann Puzzello, Chairperson, PARCS 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. Mayor Stephen Luecke, 14th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that this bill would allow for the appropriation of the remaining $1,500,000 of the State of Indiana Grant funds to the Kroc Center project, for receipt from the State of Indiana, and pass through to the Salvation Army, during fiscal 2011. Mayor Luecke advised that the Council passed Ordinance No. 100 16-10 on June 28, 2010, appropriating $2,000,000 is State of Indiana Grant pass through funds for the operating endowment for the Ray and Joan Kroc Center. Funds will be received in Fund 210, State Grant, and will be disbursed from the same fund. Payment tranches from the State of Indiana will be in increments of$500,000, receipted by the City of South Bend and disbursed to the Salvation Army in $500,000 tranches, following receipt of fund. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Henry Davis asked what the percentage of local work force on this project and is this project going to be a catalyst for other projects. He also asked Major Webster if this project was everything that they had hoped it would be. Major Bob Webster stated that it has been very difficult and have had challenges from the very beginning to put together a project and chose to go with a project labor agreement because they believed that would be the best way to assist them in accomplishing their 3 REGULAR MEETING MARCH 14, 2011 goals. He stated that they had set very high and lofty goals in the range of 18% for minority and women owned businesses to participate in the project. He stated that they also set high goals in the range of 18% for minority and women owned workforce on site for the project. Major Webster advised that at the present time they have exceeded those goals. He stated that it is their hope and desire to be an impact in the community and to bring a sense of change, hope and accomplishment that people can feel proud and honored to live, work be involved in recreation in that area. Major Webster stated that he hopes that everything they are doing in this project will serve to be an example in the community. 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 nine (9) ayes. BILL NO. 07-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF $2,000,000 FROM MAJOR MOVES FUND (#412) AND THE SUM OF $400,000 FROM SEWAGE WORKS CAPITAL FUND (#642), FOR TOTAL APPROPRIATION OF $2,400,000 FOR THE PURPOSE OF INFRASTRUCTURE CONSTRUCTION AT THE TRIANGLE PROPERTY PROJECT SITE Councilmember Dieter made a motion to continue this bill until the March 28, 2011 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 86-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14.5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES Councilmember Dieter made a motion to continue this bill until the March 28, 2011 meeting of the Council. Councilmember Varner 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 Timothy A. Rouse, Chairperson Committee of the Whole 4 REGULAR MEETING MARCH 14, 2011 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 7:15 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS — THIRD READING ORDINANCE NO. 10075-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5032 MIAMI ST., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT FIVE(5) 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 White 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 Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10076-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,500,000.00 FROM STATE GRANT FUND (#210) AS THE OPERATING ENDOWMENT FOR THE RAY AND JOAN KROC CENTER This bill had third reading. Councilmember White 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. 4088-11 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5102 DYLAN DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GLOBAL PARTS NETWORK, 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 WHEREAS, a Declaratory Resolution designated the area commonly known as 5102 Dylan Drive, South Bend, Indiana, and which is more particularly described as follows: Lot 1 of Portage Prairie Minor subdivision#1 and which has Key Number 025-1009-014603, as an Economic Revitalization Area; and 5 REGULAR MEETING MARCH 14, 2011 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 an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of(5) five 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 et sec.. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council Ms. Suzan Joyce, CFO, Global Parts Network, LLC, 760 McArdle Drive, Crystal Lake, Illinois, made the presentation for this bill. Ms. Joyce advised that Global Parts Network is proposing to set up a new manufacturing/distribution facility that will manufacture/distribute brake shoes and other parts for the heavy duty truck market. The project will acquire several pieces of equipment including a press, press washers, blasters, paint line, packaging machines, forklifts, riveters and deriveters as well as computer hardware and peripheral equipment. The estimated cost of the project is $2,075,000. She stated that it is estimated that the total project will create twenty-two (22) new, permanent, full-time jobs in the first year of production representing a new annual payroll of approximately $565,000. It is also estimated that there will be a total of 30 permanent, full time jobs by the end of the fourth year of the project. She noted that because the project is new there are no existing 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. 6 REGULAR MEETING MARCH 14, 2011 RESOLUTION NO. 4089-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING POLICIES AND FORMS OF RESOLUTIONS TO BE USED IN CONNECTION WITH THE CONSIDERATION OF THE GRANTING OF A PROPERTY TAX EXEMPTION PURSUANT TO INDIANA CODE 6-1.1-10-44 FOR QUALIFIED ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT WHEREAS, with the enactment of Indiana Code 6-1.1-10-44 (the "Act"), the General Assembly recognized that the State of Indiana (the "State") and its local governmental units were at a competitive disadvantage with surrounding states in attempting to attract companies that have as their primary business the provision of computing, networking, or data storage services because in surrounding states the enterprise information technology equipment necessary to provide such services are not subject to property taxation unlike in Indiana, where, absent the application of the Act, such enterprise information technology equipment would be subject to property taxation; and WHEREAS, the Act was enacted to law in 2009 for the purpose of permitting companies that would propose to locate facilities dedicated to computing, networking, or data storage activities in Indiana to request and, upon approval of the appropriate legislative body, receive a property tax exemption for the enterprise information technology equipment necessary to provide such services; and WHEREAS, the Common Council ("Common Council") of the City of South Bend, Indiana (the "City"), recognizes the unique location and technological advances available in the City to companies looking to locate computing, networking, or data storage facilities in the City which meet the statutory thresholds of business investment in the aggregate of at least 125% of the county average wage for St. Joseph County; and WHEREAS, the Common Council desires to set forth its policy that it seeks to encourage the development of computing, networking and data storage service facilities within the City; and WHEREAS, the Common Council desires to set forth the process the Common Council will undertake when asked by a company for a tax exemption under the Act for its enterprise information technology equipment in order to evidence its intent to attract these types of businesses to the City. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council approves of the basic form of declaratory resolution and basic form of Letter Agreement attached hereto as Exhibit A and the basic form of confirmatory resolution attached hereto as Exhibit B which are incorporated herein by reference. In order to set forth a process for the consideration of a tax exemption requested by a company that would constitute an"Eligible Business" as defined by the Act for enterprise information technology equipment that would constitute "Qualified Property" as defined by the Act, the Council agrees that is appropriate to utilize the basic forms of resolutions and the agreement in order to request the approval of the Common Council for such an exemption under the Act. SECTION II. 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 7 REGULAR MEETING MARCH 14, 2011 Councilmember Puzzello made a motion to accept the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 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. Mr. Don Inks, Director, Economic Development, 12th Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Inks advised that the General Assembly recognized that the State of Indiana and its local governmental units were at a competitive disadvantage with surrounding states in attempting to attract companies that have as their primary business the provision of computing, networking, or data storage services because in surrounding states the enterprise information technology equipment necessary to provide such services are not subject to property taxation unlike in Indiana, where, such enterprise information technology equipment would be subject to property taxation. 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 substitute Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS —FIRST READING BILL NO. 08-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $219,942 FROM THE GENERAL FUND (#101) IN 2011 FOR THE OFFICE OF ENERGY Councilmember Puzzello made a motion to refer this bill to the Personnel &Finance Committee and set if for Public Hearing and Third Reading on March 28, 2011. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 09-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER A PORTION OF FREDRICKSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE STATE OF INDIANA Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on March 28, 2011. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 8 REGULAR MEETING MARCH 14, 2011 BILL NO. 10-11 FIRST READING ON A BILL AMENDING AND SUPPLEMENTING CHAPTER 21: ZONING ORDINANCE OF THE CITY OF SOUTH BEND MUNICIPAL CODE, AS AMENDED, AMENDING ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS BY ADDING A NEW SECTION 21-06.03, "NNDA" NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT; AND AMENDING THE ZONING MAP OF THE CITY OF SOUTH BEND TO APPLY THE NEW OVERLAY DISTRICT TO AN AREA GENERALLY KNOWN AS NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA (NNDA) Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM THE AREA BOARD OF ZONING APPEALS: BILL NO. 11-19 — SPECIAL EXCEPTION - 501 W. SOUTH ST. BILL NO. 11-20 — SPECIAL EXCEPTION—2222 W. WASHINGTON ST. BILL NO. 11-21 — SPECIAL EXCEPTION—909 W. COLFAX BILL NO. 11-22 — SPECIAL EXCEPTION—3300 SAMPLE ST. Councilmember Oliver Davis made a motion to refer Bill Nos. 11-19; 11-20; 11-21; and 11-22 to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on March 28, 2011. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis thanked everyone involved in Career Day. He stated that he traded places with students from Washington High School for a day. The student's job shared with various departments within the City of South Bend. He stated that it was an eye opener for the students as well as for him. Councilmember Henry Davis stated that he has been contacted by residents living along Miami Road that cars are speeding down the street. He stated that he will talk with Councilmember David Varner whose district this area is in. Councilmember Henry Davis stated that he would like to see the "War Against Graffiti" campaign brought back. He stated that he is very frustrated to see all the unsightly graffiti all over the city. He questioned if they are able to tag in temperatures below 55° why can't the city begin to paint over as well. Councilmember David Varner stated that latex paint could be used below 55° and would like to see the city clean up the property that belongs to them. However, he was unsure of what the procedure is to contact those that have had their personal property tagged. 9 REGULAR MEETING MARCH 14, 2011 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 Council, President Derek D. Dieter adjourned the meeting at 7:34 p.m. ATTEST: ATTEST: John Voorde, City Clerk Derek D. Dieter, President 10