HomeMy WebLinkAbout01-09-06 Council Meeting MinutesREGULAR MEETING
JANUARY 9, 2006
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, January 9, 2006 at 7:00
p.m. The meeting was called to order by Council President Charlotte D. Pfeifer and the
Invocation and Pledge to the Flag were given.
RCIT.T. ~'AT.T.
COUNCILMEMBERS:
Present: Derek D. Dieter lgt District
Charlotte Pfeifer 2nd District
Roland Kelly 3~d District Vice President
Ann Puzzello 4d` District
David Varner Sd` District
Ervin Kuspa 6d` District
Timothy Rouse At-Large President
Al "Buddy" Kirsits At-Large
Karen L. White At-Large Chairperson, Committee of the Whole
Absent: Al "Buddy" Kirsits At-Large
OTHERS PRESENT:
John Voorde City Clerk
Mary Beth Wisniewski Chief Deputy
Janice L 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 December 12, 2005 and January 2, 2006, meetings of the Council and
found them to be correct.
Therefore, we recommend the same be approved.
s/Charlotte D. Pfeifer
s/David Varner
s/Timothy A. Rouse
Councihnember Puzzello made a motion that the minutes of the December 12, 2005 and
January 2, 2006, meeting of the Council be accepted and placed on file. Councihnember
Dieter seconded the motion which carried by a voice vote of eight (8) ayes.
SPECIAL BUSINESS
MOTION ON THE LOCATION OF THE FEBRUARY 13, 2006 COMMON COUNCIL
MEETING
Councihnember White made a motion to change the location and time of the February
13, 2006 Common Council Meeting to the Studebaker National Museum, 201 S. Chapin
Street, South Bend, Indiana, and start the meeting at 6:00 p.m. Councihnember Dieter
seconded the motion which carried by a voice vote of eight (8) ayes.
REGULAR MEETING
JANUARY 9, 2006
RESOLUTION NO. 3548-06 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, ADOPTING A
WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE
PROVISION OF SERVICES TO AN
ANNEXATION AREA IN GERMAN
TOWNSHIP (JOHN D. AND JAY L.
GILLIS ANNEXATION AREA)
WHEREAS, there has been submitted to the Common Council of the City of South Bend,
Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes
the annexation of real estate located in German Township, St. Joseph County, Indiana,
which is described more particularly in Section I of this Resolution, and;
WHEREAS, the territory proposed to be annexed encompasses approximately 12.72
acres of vacant, undeveloped land, which property is at least 12.5% contiguous to the
current City limits, i.e., approximately 14% contiguous, generally located at the southeast
corner of Portage and Brick Roads. This annexation territory is intended for ultimate
development as a medical office complex, and is proposed to be zoned "O" (Office) upon
incorporation into the City limits and approval by the Common Council. As the site of a
future medical office complex, this annexation territory will require a basic level of
municipal public services of anon-capital improvement nature, including police and fire
protection, street and road maintenance, street sweeping, flushing, snow removal, and
sewage collection, as well as services of a capital improvement nature, including street
and road construction, street lighting, a sanitary sewer system, a water distribution
system, a storm water system and drainage plan; and
WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to
establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost
estimates of services of anon-capital nature, including street and road maintenance,
sewage collection, street sweeping, flushing and snow removal, police and fire
protection, and other non-capital services normally provided within the corporate
boundaries, and services of a capital improvement nature, including street and road
construction, street lighting, a sanitary sewer extension, a water distribution system, and
a storm water system to be furnished to the territory to be annexed; (2) the method(s) of
financing those services; (3) the plan for the organization and extension of those services;
(4) that services of anon-capital nature will be provided to the annexed area within one
(1) year after the effective date of the annexation, and that they will be provided in a
manner in standard and scope to similar non-capital services provided to areas within the
corporate boundaries of the City of South Bend, regardless of similar topography,
patterns of land use, or population density; (5) that the services of a capital improvement
nature will be provided to the annexed area within three (3) years after the effective date
of the annexation in the same manner as the services are provided to areas within the
corporate boundaries of the City of South Bend, regardless of similar topography,
patterns of land use, or population density, and in a manner consistent with federal, state
and local laws; and (6) the plan for hiring the employees of other governmental entities
whose jobs will be eliminated by the proposed annexation; and
WHEREAS, the Board of Public Works of the City of South Bend, and the Board of
Public Safety of the City of South Bend, have each approved a written fiscal plan and
established a policy for the provision of services to the territory proposed to be annexed,
which plan and policy the Common Council finds to be appropriate and in the best
interest of the City, and, which it desires to adopt.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section L It is in the best interest of the City of South Bend and the area proposed
to be annexed that the following described real property located in German Township, St.
REGULAR MEETING JANUARY 9, 2006
Joseph County, Indiana, be annexed to the City of South Bend:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 15
AND PART OF THE NORTHWEST QUARTER OF SECTION 22,
BOTH BEING IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION
15; THENCE NORTH (ALL BEARINGS ASSUMED) ALONG THE
WEST LINE OF SAID SECTION 15, 20 FEET MORE OR LESS TO A
POINT OF INTERSECTION WITH THE NORTH LINE OF BRICK
ROAD EXTENDED WEST; THENCE EAST ALONG SAID
EXTENSION AND THE NORTH LINE OF BRICK ROAD, 1,320 FEET
MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 15; THENCE SOUTH
ALONG SAID EAST LINE AND THE EAST LINE OF THE WEST
HALF OF THE NORTHWEST QUARTER OF SAID SECTION 22,
449.5 FEET MORE OR LESS TO THE NORTH LINE OF THE PLAT
OF "PORTAGE MANOR" AS RECORDED IN THE RECORDS OF
THE ST. JOSEPH COUNTY RECORDER'S OFFICE; THENCE
ALONG THE NORTH LINE OF SAID PLAT AND IT'S WESTERLY
EXTENSION, 1,140 FEET MORE OR LESS TO THE EASTERLY
LINE OF PORTAGE ROAD; THENCE N. 20° -21'-19" W. ALONG
SAID EASTERLY LINE 319.09 FEET MORE OR LESS; THENCE S.
69°-38'-41" W., 70.00 FEET MORE OR LESS TO THE WEST LINE
OF SAID SECTION 22; THENCE NORTH ALONG SAID WEST LINE,
129.38 FEET MORE OR LESS TO THE PLACE OF BEGINNING.
Section IL It shall be and hereby is now declared and established that it is the
policy of the City of South Bend, to furnish services to said territory of anon-capital
nature, such as police and fire protection, street and road maintenance, sewage collection,
street sweeping, flushing, and snow removal, within one (1) year of the effective date of
the annexation, in a manner equivalent in standard and scope to the services furnished by
the City to other areas of the City regardless of similar topography, patterns of land use,
or population density; and to furnish to said territory services of a capital improvement
nature, such as street and road construction, street lighting, a sanitary sewer extension, a
water distribution system, a storm water system, and drainage plan, within three (3) years
of the effective date of the annexation in the same manner as those services are provided
to areas within the corporate boundaries of the City of South Bend regardless of similar
topography, patterns of land use, or population density, and in a manner consistent with
federal, state and local laws, procedures, and planning criteria.
Section III. The Common Council for the City of South Bend shall and does
hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A", attached
hereto and made a part hereof, for the furnishing of said services to the territory to be
annexed, which Fiscal Plan provides among other things, that an extension of the sanitary
sewer network now being constructed to Brick Road by "The Oaks" subdivision
developer will be extended from that point to the annexation territory at its developer's
expense; that if a new water main line is required, it will be at the developer's expense;
that street lighting on Portage Avenue should be adequate for illumination; that if new
public streets or other rights of way are needed, they will be installed at the developer's
expense, and that drainage facilities will be constructed by and at the expense of the
developer; and which Fiscal Plan further provides for additional development standards
under Section IV Development Criteria on Page 9.
Section IV. This Resolution shall be in full force and effect from and of its date
of adoption by the Common Council and approval by the Mayor.
s/Timothy A. Rouse
Member of the Common Council
REGULAR MEETING JANUARY 9, 2006
Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this
committee held a Public Hearing on this bill this afternoon and sends to the full Council
with a favorable recommendation.
Mr. Larry Magliozzi, Assistant Director, Community & Economic Development, 1200
County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the
presentation for this bill.
Mr. Magliozzi advised that this bill proposes to voluntarily annex contiguous territory in
German Township to the City of South Bend. The resolution indicates the approval and
adoption by the Common Council of the written plan and policy attached thereto
concerning the provision of services, both capital and non-capital in nature, to the
territory to be annexed. This annexation is a 12.72 acres parcel at the southeast corner of
Portage and Brick Roads. All public improvements, if any, will be required to be done at
the expense of the developer. Mr. Magliozzi noted that additional development criteria
that is being suggested is that all buildings be placed in a "cluster" pattern so as to
minimize their exposure to Brick Road and provide a more compact development.
Parking areas should be located in such a manner that they have minimum exposure to
Brick and Portage Roads. This can be accomplished through a combination of
landscaping and using the clustered buildings as buffering. Parking areas, to the fullest
extent possible, should not be used as a de-facto design element between buildings and
the public street. A pedestrian connectivity be established and maintained from east to
west, and from north to south. This may be accomplished by either traditional sidewalks
along Portage and Brick Roads, or internally as a part of the overall landscape design.
The overall design of the site treat the SE corner of Brick and Portage Roads (the NW
corner of the site) as a prominent feature for the area in general, and the intersection in
particular. This can be accomplished by a combination of landscaping, the preserving of
positive natural features, and by subdued signage. The retention and detention areas be
designed so as to be incorporated as a positive landscaping feature in the development.
That only one entrance into the site from Brick road be permitted. This will diminish the
impact of this higher density development and reduce the number of conflict points
entering and exiting the site.
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 Dieter seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
ANNOUNCEMENT OF OPENINGS ON TEN STANDING COMMITTEES
Councilmember Rouse announced that there are openings on the ten (10) Common
Council Standing Committees for 2006. The appointments are for one (1) year and
applications forms can be obtained in the Office of the City Clerk.
ANNOUNCEMENT OF VACANCIES ON VARIOUS BOARDS/COMMISSIONS
Councilmember Rouse announced that there are vacancies on the Urban Enterprise
Association, Redevelopment Commission, Human Rights Commission and the Century
Center Board of Managers. Applications forms can be obtained in the Office of the City
Clerk.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:11 p.m., Councilmember Pfeifer made a motion to resolve into the Committee of the
Whole. Councilmember Dieter seconded the motion which carried by a voice vote of
eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, 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 and that
pamphlets were available to the pubic, which outline the Council rules and procedures,
and are located on the railing in the Council Chambers.
REGULAR MEETING
PUBLIC HEARINGS
JANUARY 9, 2006
BILL NO. 77-OS PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ANNEXING
TO AND BRINGING WITHIN THE CITY
LIMITS OF SOUTH BEND, INDIANA,
AND AMENDING THE ZONING
ORDINANCE FOR PROPERTY
LOCATED IN GERMAN TOWNSHIP
CONTIGUOUS THEREWITH:
COUNCILMANIC DISTRICT #1, JOHN
D. GILLIS, SR. & JAY L. GILLIS
REVOCABLE TRUST DATED 2/12/2001,
SOUTHEAST CORNER OF PORTAGE
ROAD & BRICK ROAD, SOUTH BEND,
INDIANA
Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this
Committee met this afternoon and it was the consensus of the Committee to send this bill
to the full council with a favorable recommendation.
Mr. P. J. Thuringer, Staff Member, Area Plan Commission, 11~` Floor County-City
Building, South Bend, Indiana, presented the report from the Area Plan Commission.
Mr. Thuringer, advised that the petitioner is requesting a zone change from "R"
Residential to "O" Office to allow medical offices. On site is vacant, undeveloped, flat
land. To the north are single family homes and two churches zoned "R" Residential. To
the east is wooded undeveloped land zoned "R" Residential. To the south are single
family homes zoned "R" Residential. To the west are single family homes zoned "R"
Residential. The "O" Office District is established to promote the development of
general offices uses and complexes; professional health care uses and complexes; limited
public and semi-public uses; and, other uses which are generally compatible in physical
appearance and service requirements to office uses. The potential for the development of
multifamily dwellings is also provided. The total area of the site if 11.42 acres. The site
plan show one point of ingress/egress to Portage and two points of ingress/egress
accessing Brick Road. There are four buildings shown on the site plan. They are all to
be one-story in height. They are shown to be 15,000 square feet each. Buildings will
cover 12% of the site. Parking spaces (190) and drives will cover roughly 19% of the
site. Open space and landscaping makes up 69% of the area. The revised preliminary
site plan shows that there will be no buildings in the eastern 250 feet and that this area
will be left as open space and retention. The developer is willing to enter into written
commitments that the eastern 250 feet will be used only for open space, screening, and
retention. In 2004 and 2005 the Common Council of South Bend rezoned three different
sites for commercial zoning in this area. The first petition was roughly a half mile south
of Brick Road on the West side of Portage Road and was annexed and rezoned from "R"
Residential to "CB" Community Business. The second petition was also a half mile
south of Brick Road on the Westside of Portage Road and was rezoned to "OB" Office
Buffer, "MF2" High Density Multi-Family, and "CB" Community Business. The third
petition to rezone in this area was a half mile south of Brick Road on the east side of
Portage Road and was annexed and rezoned from "R" Residential to "CB" Community
Business. All of these sites were in close proximity to the Portage Road/Cleveland Road
commercial node. Brick Road is a two-lane residential road at this location. The Brick
Road right-of--way measures forty feet. In 2002, according to the MACOG traffic
counting program, 2790 cars daily drove on Brick Road just east of the Portage Road.
Portage Road is a two-lane road at this location between Michigan and the City of South
Bend. The right-of--way for Portage is sixty (60) feet. In 2003, MACOG counted 12,591
cars on Portage Road south of Brick Road. The site will be served by City of South
Bend. The right-of--way for Portage is sixty (60) feet. In 2003, MACOG counted 12,591
cars on Portage Road south of Brick Road. The site will be served by City of South Bend
municipal water and sanitary sewer. The City will impose certain developmental
REGULAR MEETING JANUARY 9, 2006
requirements through the annexation procedure. The City Engineer will need to see
Construction Plans showing all work in the right-of--way, widths of drives, sewer and
water extensions, and on site drainage plans. To reserve the eastern 250 feet will be used
only for open space, screening, and retention. The Comprehensive Plan Goa12 Obective
C develop quality business areas to meet the retail and service needs of the planning area.
Goa15 Objective A Policy 1 encourage development in areas where infrastructure and
urban services available or where they can be easily provided. The proposal meets both
of these goals. This area is not designated for any specific use by the Land Use Plan.
The area is currently residential in nature. Areas on the north side of Brick Road and
further to the east have a very rural character. The most desirable use would be for either
residential or professional offices that would compliment the commercial uses to the
south of the petition and serve current and future area residents. If the site is properly
screened and buffered, affects on property values should be minimal It is responsible
development and growth to allow office development in areas that have access to
municipal water and sanitary sewer and that are located at the intersections of two arterial
roads. Based on information available prior to the public hearing Staff recommends that
this be sent to the Common Council with a favorable recommendation subject to written
commitments that the eastern 250 feet will be used only for open space, screening, and
retention.
Mr. Michael Danch, 1643 Commerce Drive, South Bend, Indiana, made the presentation
for this bill on behalf of the property owners John D. Gillis, Sr. and Jay L. Gillis.
Mr. Danch advised that the property sought to be annexed and rezoned is located at the
southeast corner of Brick Road and Portage Road. The property is 12.72 acres more or
less and currently is vacant. The petitioners are requesting a zone change from "R"
Residential (County Zoning) to "O" Office District to allow for Medical Office uses as
allowed under the "O" Office District Zoning Classification. Mr. Danch stated that the
petitioners agree to the written commitments that were set for in the Area Plan
Commission stating that the eastern 250 feet will be used only for open space, screening,
and retention.
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 Kelly made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Dieter seconded
the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 87-OS PUBLIC HEARING ON A BILL TO
VACATE THE FOLLOWING
DESCRIBED PROPERTY: A PORTION
OF KENWOOD AVENUE, LINDEN
AVENUE, LAWTON AVENUE AND 4
NEARBY ADJACENT ALLEYS
Councilmember Varner to continue this bill indefinitely at the request of the petitioner.
Councilmember Dieter seconded the motion which carried by a voice vote of eight (8)
ayes.
RISE AND REPORT
Councilmember Kuspa made a motion to rise and report to the full Council.
Councilmember Dieter seconded the motion which carried by voice vote of eight (8)
ayes.
ATTEST: ATTEST:
REGULAR MEETING
JANUARY 9, 2006
John Voorde, City Clerk Karen L. White, Chairperson
Committee of the Whole
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the
Council Chambers on the fourth floor of the County-City Building at 7:25 p.m. Council
President Timothy A. Rouse presided with eight (8) members present.
BILLS -THIRD READING
There were no bills for this reading at this time.
RESOLUTIONS
RESOLUTION NO. 3549-06 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 119 N.
TAYLOR ST.
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; and
WHEREAS, the Common Council is required to make a determination in wiring on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS, the South Bend Board of Zoning appeals has made a recommendation,
pursuant to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION L 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:
119 N. Taylor St.
In order to permit
Single Family Residence in "MU" Mixed Use
SECTION IL 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:
REGULAR MEETING
JANUARY 9, 2006
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 consist 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;
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/Timothy A. Rouse
Member of the Common Council
Councilmember Kuspa, 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. Don Fozo, Building Commissioner, City of South Bend, St. Joseph County, Indiana,
presented the report from the Board of Zoning Appeals.
Mr. Fozo advised that the petitioner is seeking a Special Exception to allow a single
family resident in "MU" Mixed Use. The Board heard this petition at its December 15,
2005 meeting and sends it to the Council with a Favorable Recommendation.
Mr. Charles Keith Wishmeier, 119 N. Taylor Street, South Bend, Indiana, made the
presentation for this bill.
Mr. Wishmeier stated that he is seeking a Special Exception for Single Family in "MU"
Mixed Use. This will permit return of property to its original use as a small Single
Family residence. Presently there are Single Family residences immediately adjacent to
the north and the south.
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 Pfeifer made a motion to adopt this
Resolution. Councilmember White seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
RESOLUTION NO. 3550-06 A RESOLUTION OF THE CONIMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A
PETITION OF THE SOUTH BEND
BOARD OF ZONING APPEALS FOR
THE PROPERTY LOCATED IN THE 300
BLOCK OF WEST EWING AVENUE,
SOUTH BEND, INDIANA
WHEREAS Indiana Code Section 36-7-4-918.6, requires the Common Council to give
notice pursuant to Indiana code Section 5-14-1.5-5, of its intention to consider Petitions
from the Board of Zoning Appeals for approval or disapproval; and
REGULAR MEETING JANUARY 9, 2006
WHEREAS, the Common Council must take action within sixty (60) days after the Board
of Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in wiring on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS, the South Bend Board of Zoning appeals has made a recommendation,
pursuant to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION L 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:
(300 Block of West Ewing Avenue, South Bend, Indiana)
In order to permit
The Approval of a Special Exception to allow the operation of a facility for the Crushing,
Grinding and Storage of Concrete, Asphalt, Scrap Metal and related materials and
Grinding, Shredding and Storage of Tree, Leaf and related Organic debris including the
coloring of created mulch material and Storage of Compost on site, which can later be
sold to other parties. In addition, the Petitioners are also asking to be allowed to operate
a Material Recovery facility/Trash Transfer Station for Recyclable items that can include
Appliances, Paper, Plastic, Paint and Glass materials as well as the storage of
Trash/recyclable containers along with a Environmental Education facility on property
presently zoned "GF' General Industrial District.
SECTION IL 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 consist 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;
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/Timothy A. Rouse
Member of the Common Council
REGULAR MEETING JANUARY 9. 2006
Councilmember Kuspa, 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. Don Fozo, Building Commissioner, City of South Bend, St. Joseph County, Indiana,
presented the report from the Board of Zoning Appeals.
Mr. Fozo advised that the petitioner is seeking a Special Exception for a recycling and
transfer station, on property located in the 300 block of W. Ewing Avenue., zoned "GF'
General Industrial. The Board of Zoning Appeals held a public hearing on December 15,
2005 and sends this bill to the South Bend Common Council with no recommendation.
Mr. John Lloyd, 53732 Generations Drive, South Bend, Indiana, made the presentation
for this bill.
Mr. Lloyd advised that they are seeking a Special Exception in the 300 Block of West
Ewing Avenue, to allow the operation of a facility for the crushing, grinding and storage
of concrete, asphalt, scrap metal and related materials and grinding, shredding and
storage of tree, leaf and related organic debris including the coloring of created mulch
material and storage of compost on site, which can later be sold to other parties. In
addition, the petitioners are also asking to be allowed to operate a material recovery
facility/trash transfer station for recyclable items that can include appliances, paper,
plastic, paint and glass materials as well as the storage of trash/recyclable containers
along with a Environmental Education facility on property presently zoned "GF' General
Industrial District.
A Public Hearing was held on the Resolution at this time.
The following individuals spoke in favor of the Resolution:
Mr. Joe Grabill, (no address given) stated that he is a local realtor and supports this
project. He stated that the project is a positive development for the area.
Mr. Jim Frick, 61500 Ironwood Road, South Bend, Indiana, spoke in favor of this
resolution. Mr. Frick stated that he is the President of the South Gate Way Association.
The association is quiet impressed with the project and supports it.
Ms. Patty Huettl, 1525 S. Webster, South Bend, Indiana, stated that she is the Vice-
President of the Rum Village Neighborhood Association. She advised that the
association is pleased with the investment in the community. The association was
established in 1972 to fight blight in the area. She stated that the association supports this
project 100%.
There was no one present wishing to speak to the Council in opposition of this bill.
Councihnember Kuspa made a motion to adopt this Resolution. Councihnember White
seconded the motion which carried by a roll call vote of nine (9) ayes.
RESOLUTION NO. 3551-06 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS LOTS NUMBERED 16 AND
35 THROUGH 68, LAFAYETTE FALLS
SUBDIVISION, SECTION FOUR AS
RESIDENTIALLY DISTRESSED AREAS
FOR PURPOSES OF A FIVE (5) YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR KENDALL-WEISS,
LLP
10
REGULAR MEETING
JANUARY 9, 2006
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 20000-
21000 Block (South Side) of Kern Road, South Bend, Indiana, and which is more
particularly described as follows:
Street Address: Legal Description: Key Number:
6614 Armstrong Dr. Lot 16 La Fayette Falls, Section 4
6723 Hillenbrand Dr. Lot 35 La Fayette Falls, Section 4
6728 Hillenbrand Dr. Lot 36 La Fayette Falls, Section 4
6720 Hillenbrand Dr. Lot 37 La Fayette Falls, Section 4
6712 Hillenbrand Dr. Lot 38 La Fayette Falls, Section 4
6704 Hillenbrand Dr. Lot 39 La Fayette Falls, Section 4
6622 Armstrong Dr. Lot 40 La Fayette Falls, Section 4
6615 Armstrong Dr. Lot 41 La Fayette Falls, Section 4
OS 1205 Slater Dr.
1303 Slater Dr. Lot 42 La Fayette Falls, Section 4
1311 Slater Dr. Lot 43 La Fayette Falls, Section 4
1319 Slater Dr. Lot 44 La Fayette Falls, Section 4
1327 Slater Dr. Lot 45 La Fayette Falls, Section 4
1335 Slater Dr. Lot 46 La Fayette Falls, Section 4
1343 Slater Dr. Lot 47 La Fayette Falls, Section 4
1407 Slater Dr. Lot 48 La Fayette Falls, Section 4
1415 Slater Dr. Lot 49 La Fayette Falls, Section 4
1423 Slater Dr. Lot 50 La Fayette Falls, Section 4
1431 Slater Dr. Lot 51 La Fayette Falls, Section 4
1439 Slater Dr. Lot 52 La Fayette Falls, Section 4
1424 Slater Dr. Lot 53 La Fayette Falls, Section 4
1416 Slater Dr. Lot 54 La Fayette Falls, Section 4
1408 Slater Dr. Lot 55 La Fayette Falls, Section 4
1334 Slater Dr. Lot 56 La Fayette Falls, Section 4
1328 Slater Dr. Lot 57 La Fayette Falls, Section 4
1320 Slater Dr. Lot 58 La Fayette Falls, Section 4
1312 Slater Dr. Lot 59 La Fayette Falls, Section 4
1304 Slater Dr. Lot 60 La Fayette Falls, Section 4
1208 Slater Dr. Lot 61 La Fayette Falls, Section 4
or 6705 Hillenbra nd Dr.
6711 Hillenbrand Dr. Lot 62 La Fayette Falls, Section 4
6719 Hillenbrand Dr. Lot 63 La Fayette Falls, Section 4
6727 Hillenbrand Dr. Lot 64 La Fayette Falls, Section 4
6735 Hillenbrand Dr. Lot 65 La Fayette Falls, Section 4
6743 Hillenbrand Dr. Lot 66 La Fayette Falls, Section 4
6740 Hillenbrand Dr. Lot 67 La Fayette Falls, Section 4
6732 Hillenbrand Dr. Lot 68 La Fayette Falls, Section 4
(*The tax key number of the parent parcel is 01-1002-0022.01. The tax key numbers for
the individual lots will be assigned by the County Auditor's office after the Secondary
Plat
is recorded.)
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, 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
11
REGULAR MEETING
JANUARY 9, 2006
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.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION L 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 IL The Common Council hereby determines and finds that the area meets one
of the following conditions as formally established in Ordinance no. 8845-97, which was
passed on December 8, 1997:
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.
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.
12
REGULAR MEETING JANUARY 9, 2006
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 VL This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Timothy A. Rouse
Member of the Common Council
Mr. Derek Spier, Abonmarche Consultants, 750 Lincoln Way East, South Bend, Indiana,
made the presentation for this bill.
Mr. Spier advised that this is section 4 of the project and will develop thirty-five (35) lots
on 11.3 acres of a total development that will eventually contain two hundred sixty-six
(266) homes on 116.206 acres on the south side of Kern Road. This property was
recently annexed into the City of South Bend. The homes will be stick-built, single
family homes approximately 1m800 to over 2,000 square feet. The homes will be
constructed by Weiss Homes, Inc. The average cost of the homes within the
development will be approximately $135,000 with a total value for this section of
$4,725,000.
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 Kuspa 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.
RESOLUTION NO. 3552-06 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
1801 COMMERCE DRIVE AN
ECONOMIC REVITALIZATION AREA
FOR PURPOSES OF AN EIGHT (8)
YEAR REAL PROPERTY TAX
ABATEMENT FOR MICHAEL J.
MORRI S
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 1801 Commerce Drive, South Bend,
Indiana, and which is more particularly described as follows:
E PT LOT 25 AIRPORT INDUSTRIAL PARK PHASE II- SEC 33- 38 -
2E CONT .40 ACRES+/-.
W 287 FT OF LOT 25 AIRPORT INDUSTRIAL PARK PHASE II SW 1-
4SEC. 33 -38 -2E 1.57 ACRES
S 80.5 FT OF LOT 24 SW AIRPORT INDUSTRIAL PARK PHASE II
SEC 33 -38 -2E
and which has Key Number 25-1008-033502; 025-1008-033508; 018-2183-688612; 018-
2183-688603, be designated as an Economic Revitalization Area under the provisions of
Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec .,
and;
13
REGULAR MEETING JANUARY 9, 2006
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 sec ., and South Bend Municipal Code Sections 2-76,
et sec ., 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 L 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 sec ., for tax abatement.
SECTION IL 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 as set forth in Sections 1 through 3 of the Petition
for Real Property Tax Abatement Consideration, the Memorandum of Agreement
between the Petitioner and the City of South Bend, and that the Statement of Benefits
form completed by the petitioner, said form being prescribed by the State Board of
Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-
3.
SECTION IV. The Common Council hereby accepts the report and recommendation of
the Community and Economic Development Committee that the area herein described be
designated as an Economic Revitalization Area and hereby adopts a Resolution
designating this area as an Economic Revitalization Area for purposes of real property
tax abatement.
SECTION V. The designation as an Economic Revitalization Area shall be limited to
two (2) calendar years from the date of the adoption of this Resolution by the Common
Council.
14
REGULAR MEETING JANUARY 9, 2006
SECTION VL The Common Council hereby determines that the property owner is
qualified for and is granted property tax deduction for a period of eight (8) 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/Timothy A. Rouse
Member of the Common Council
Councilmember Kelly, 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. Jeff McGowan, CPA, Tax Representative, Kruggel-Lawton, 210 S. Michigan Street,
Suite 200, South Bend, Indiana, made the presentation for this bill.
Mr. McGowan advised that this project encompasses the relocation and expansion of two
biotechnology companies, Enzyme Research Laboratories, Inc., (ERL) and
R2Diagnostics (R2D). ERL is a primary supplier of coagulation and fibrinolytic proteins
for research. R2D manufacturers and sells clot based diagnositic kits that are used for
bleeding and clotting disorders. Both companies are wholly owned by Mike Morris who
is acquiring a larger facility to house them. The total project includes the acquisition and
rehabbing of the larger facility and the purchase of additional equipment for the move
and expansion. Currently, both firms are housed in a 9,000 sq. ft. building located at 412
S. Lafayette Blvd. The larger facility is a 25,423 sq. ft. building located at 1801
Commerce Drive. That building sits on a 2.64 acre site. The project will result in
increased production capacity and an expanded product line. The estimated cost for the
building's rehabilitation if $1,000,000. It is estimated that the total project will create six
(6) new, permanent, full time jobs representing a new annual payroll of $300,750. The
project will also maintain eleven (11) existing permanent full-time jobs representing an
annual payroll of $324,200.
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 Dieter made a motion to adopt this
Resolution. Councilmember Kelly seconded the motion which carried and the Resolution
was adopted by a roll call vote of eight (8) ayes.
RESOLUTION NO. 3553-06 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
1801 COMMERCE DRIVE AN
ECONOMIC REVITALIZATION AREA
FOR PURPOSES OF A FIVE (5) YEAR
PERSONAL PROPERTY TAX
ABATEMENT FOR ENZYME
RESEARCH LABORATORIES, INC.
WHEREAS, a petition for personal property tax abatement consideration has been filed
with the City Clerk for consideration by the Common Council of the City of South Bend,
15
REGULAR MEETING JANUARY 9, 2006
Indiana, requesting that the area commonly known as 1801 Commerce Drive, South
Bend, Indiana, and which is more particularly described as follows:
E PT LOT 25 AIRPORT INDUSTRIAL PARK PHASE II- SEC 33- 38 -2E CONT .40
ACRES+/-.
W 287 FT OF LOT 25 AIRPORT INDUSTRIAL PARK PHASE II SW 1-4 SEC. 33 -38
-2E 1.57 ACRES
S 80.5 FT OF LOT 24 SW AIRPORT INDUSTRIAL PARK PHASE II SEC 33 -38 -2E
and which has Key Numbers 025-1008-033502; 025-1008-033508; 018-2183-688612;
018-2183-688603, be designated as an Economic Revitalization Area under the
provisions of Indiana Code 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections
2-76 et sec ., 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 sec ., and South Bend Municipal Code Sections 2-76, et sec .,
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 L The Common Council hereby determines and finds pursuant to Indiana
Code 6-1.1-12.1-4.5 et sec ., that
a. the estimate of the cost of the new manufacturing equipment is reasonable for
equipment of that type;
b. That the estimate of the number of individuals that will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result from
the proposed installation of new manufacturing equipment;
a. That the estimate of the annual salaries of those individuals that will be employed
or whose employment will be retained by the Petitioner can be reasonably expected to
result from the proposed installation of new manufacturing equipment;
d. any other benefits about which information was requested are benefits that can be
reasonably expected to result from the proposed new manufacturing equipment; and
e. the totality of benefits is sufficient to justify the deduction requested.
SECTION IL The Common Council hereby determines and fmds that the proposed new
manufacturing equipment can be reasonably expected to yield the benefits identified in
the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal
Property Tax Abatement Consideration and that Statement of Benefits form completed by
the petitioner, said form being prescribed by the State Board of Accounts, are sufficient
to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5.
SECTION III. The Common Council hereby accepts the report and recommendation of
the Department of Community and Economic Development, and the Community and
Economic Development Committee's favorable recommendation, that the area herein
described be designated as an Economic Revitalization Area for purposes of personal
property tax abatement and hereby makes such a designation.
16
REGULAR MEETING JANUARY 9. 2006
SECTION IV. The Common Council determines that such designation is for personal
property tax abatement only and shall be limited to two (2) calendar years from the date
of the adoption of this Resolution by the Common Council.
SECTION V. 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 VL The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution for Personal Property Tax Abatement to be
published pursuant to Indiana Code 5-3-1, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION VII. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Timothy A. Rouse
Member of the South Bend Common Council
Councilmember Kelly, 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. Jeff McGowan, CPA, Tax Representative, Kruggel-Lawton, 210 S. Michigan Street,
Suite 200, South Bend, Indiana, made the presentation for this bill.
Mr. McGowan advised that this project encompasses the relocation and expansion of two
biotechnology companies, Enzyme Research Laboratories, Inc., (ERL) and
R2Diagnostics (R2D). ERL is a primary supplier of coagulation and fibrinolytic proteins
for research R2D manufacturers and sells clot based diagnositic kits that are used for
bleeding and clotting disorders. Both companies are wholly owned by Mike Morris who
is acquiring a larger facility to house them. The total project includes the acquisition and
rehabbing of the larger facility and the purchase of additional equipment for the move
and expansion. Currently, both firms are housed in a 9,000 sq. ft. building located at 412
S. Lafayette Blvd. The larger facility is a 25,423 sq. ft. building located at 1801
Commerce Drive. That building sits on a 2.64 acre site. The project will result in
increased production capacity and an expanded product line. The estimated cost for the
building's rehabilitation if $1,000,000. It is estimated that the total project will create six
(6) new, permanent, full time jobs representing a new annual payroll of $300,750. The
project will also maintain eleven (11) existing permanent full-time jobs representing an
annual payroll of $324,200.
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 Dieter 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.
BILLS, FIRST READING
BILL NO. 01-06 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS THE FIRST
EAST/WEST ALLEY SOUTH OF PRAIRIE
AVENUE FROM BROOKFIELD STREET EAST
TO THE FIRST NORTH/SOUTH ALLEY FOR A
DISTANCE OF 120 FEET AND A WIDTH OF 14
FEET. BEING A PART OF PRAIRIE AVENUE
HEIGHTS ADDITION TO THE CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA
17
REGULAR MEETING JANUARY 9, 2006
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 January 23, 2006. Councilmember Kelly seconded the motion which carried
by a voice vote of eight (8) ayes.
BILL NO. 02-06 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS THE FIRST
EAST/WEST ALLEY NORTH OF CORBY
BLVD. FROM ST. PETER STREET WEST TO
THE FIRST NORTH/SOUTH ALLEY FOR A
DISTANCE OF 165 FEET AND A WIDTH OF 14
FEET. BEING A PART OF SORIN' S 2ND
ADDITION TO THE CITY OF SOUTH BEND,
AND A PART OF KELLY'S SUBDIVISION TO
THE CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA
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 January 23, 2006. Councilmember White seconded the motion which carried
by a voice vote of eight (8) ayes.
BILL NO. 03-06 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE
FIRST NORTH/SOUTH ALLEY WEST OF
CARLISLE STREET FROM WESTERN
AVENUE SOUTH TO THE FIRST EAST/WEST
ALLEY FOR A DISTANCE OF 132 FEET AND A
WIDTH OF 14 FEET. BEING A PART OF
SUMMIT PLACE 2ND ADDITION TO THE CITY
OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA
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 January 23, 2006. Councilmember White seconded the motion which carried
by a voice vote of eight (8) ayes.
UNFINISHED BUSINESS
REPORTS FROM AREA PLAN COMMISSION
It is noted that the Council is in receipt of a recommendation from the Area Plan
Commission of St. Joseph County, for the following ordinances based on their Public
Hearing held on December 20, 2005:
BILL NO. 65-OS AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTIES LOCATED AT
316 WILLIAM, 318, 320, 322, 324 AND 326 W.
MADISON, COUNCILMANIC DISTRICT 1, IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Varner made a motion to refer this bill to the Zoning and Annexation
Committee and set it for Public Hearing and Third Reading on January 23, 2006.
Councilmember Dieter seconded the motion which carried by a voice vote of eight (8)
ayes.
18
REGULAR MEETING
JANUARY 9, 2006
BILL NO. 68-OS AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO AND BRINGING WITHIN THE
CITY LIMITS OF SOUTH BEND, INDIANA,
AND AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED IN CLAY
TOWNSHIP CONTIGUOUS THEREWITH:
COUNCILMANIC DISTRICT #4 RICHARD &
MARSHA PULLIN AND SHIRLEY COMBS
APPROXIMATELY 200 FEET EAST OF THE
NORTHEAST CORNER OF S.R. #23 AND MC
ERLAIN STREET, SOUTH BEND, INDIANA
Councilmember Varner made a motion to refer this bill to the Zoning and Annexation
Committee and set it for Public Hearing on February 13, 2006 and Third Reading on
February 27, 2006. Councilmember Dieter seconded the motion which carried by a roll
call vote of eight (8) ayes.
BILL NO. 84-OS AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO AND BRINGING WITHIN THE
CITY LIMITS OF SOUTH BEND, INDIANA,
AND AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED IN CLAY
TOWNSHIP CONTIGUOUS THEREWITH:
COUNCILMANIC DISTRICT #4, CARIMINE &
MARIA MARTINO NORTHWEST CORNER OF
VANESS STREET & WILLIS AVENUE SOUTH
BEND, INDIANA
Councilmember Varner made a motion to continue this bill indefinitely at the request of
the petitioner. Councilmember Dieter seconded the motion which carried by a roll call
vote of eight (8) ayes.
BILL NO. 85-OS AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
3747, 3801, 5661 NIMTZ PARKWAY; 3907, 3919,
3920 CRESCENT CIRCLE, AND THE
PROPERTY LOCATED IMMEDIATELY EAST
OF 5661 NIMTZ PARKWAY COUNCILMANIC
DISTRICT 1 IN THE CITY OF SOUTH BEND,
INDIANA
Councilmember Varner made a motion to refer this bill to the Zoning and Annexation
Committee and set it for Public Hearing and Third Reading on January 23, 2006.
Councilmember Dieter seconded the motion which carried by a voice vote of eight (8)
ayes.
BILL NO. 86-OS AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
THE NORTHWEST CORNER OF IRONWOOD
AND IRELAND (RETENTION POND),
COUNCILMANIC DISTRICT (5TH DISTRICT) IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Kuspa made a motion to refer this bill to the Zoning and Annexation
Committee and set it for Public Hearing and Third Reading on January 23, 2006.
Councilmember Dieter seconded the motion which carried by a voice vote of eight (8)
ayes.
19
REGULAR MEETING JANUARY 9, 2006
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 address the Council at this time.
ADJOURNMENT
There being no further business to come before the Council, President Rouse adjourned
the meeting at 7:55 p.m.
ATTEST:
ATTEST:
John Voorde, City Clerk Timothy A. Rouse, President
20