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HomeMy WebLinkAbout02-25-08 Common Council Minutes REGULAR MEETING FEBRUARY 25, 2008 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, February 25, 2008 at 7:00 p.m. The meeting was called to order by Council President Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large President Karen L. White At-Large Absent: Derek D. Dieter 1st District, Chairperson Committee of the Whole OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the February 11, 2008, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the February 11, 2008 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis, Vice-President, presiding. Councilmember Oliver Davis 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 Oliver Davis stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. 1 REGULAR MEETING FEBRUARY 25, 2008 PUBLIC HEARINGS BILL NO. 08-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3515 MCKINLEY AVENUE AND APPROXIMATELY 125 FEET EAST OF PRESTON DRIVE, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to continue this bill indefinitely at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 82-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2-213(a) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES Councilmember White made a motion to continue this bill until the March 24, 2008 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 11-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINUTES OF THE COUNCIL’S STANDING COMMITTEE MEETINGS Councilmember Varner, Vice-Chairperson, Council Rules Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Council President Timothy A. Rouse, 605 N. Cherry Tree Lane, South Bend, Indiana, made the presentation for this bill. Council President Rouse advised that to enhance more efficient and effectual usage of professional legal services provided by the Staff Attorney it is needed to free her from recording and typing minutes. This bill will allow the usage of the expert clerical services available through the Office of the City Clerk. 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 White made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. 2 REGULAR MEETING FEBRUARY 25, 2008 RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Oliver J. Davis, Vice-President 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 7:10 p.m. Council President Tim Rouse presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 9830-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MINUTES OF THE COUNCIL’S STANDING COMMITTEE MEETINGS This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3835-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSES PURSUANT TO SECTION 4- 51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on February 20, 2008 the City Business Licensing Auditor provided written notice to the City Clerk that the following businesses had been approved for Scrap Metal Dealer, Junk Dealer, Valuable Metal Dealer and Recycling Operations Licenses for the 2007 licensing year; and Green Tech Transfer, 2500 Green Tech Drive 3 REGULAR MEETING FEBRUARY 25, 2008 WHEREAS, on February 20, 2008 the City Business Licensing Auditor provided written notice to the City Clerk that the following businesses had been approved for Scrap Metal Dealer, Junk Dealer, Valuable Metal Dealer and Recycling Operations Licenses for the 2008 licensing year; and Green Tech Transfer, 2500 Green Tech Drive South Bend Scrap & Processing, 3113 Gertrude St. Steve & Gene’s 3109 S. Gertrude St. U.S. Scrap & Recycling/South Bend Baling Co., 1420 S. Walnut WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Business Licensing Auditor’s communication to the City Clerk dated February 20, 2008: Green Tech Transfer, 2500 Green Tech Drive South Bend Scrap & Processing, 3113 Gertrude St. Steve & Gene’s 3109 S. Gertrude St. U.S. Scrap & Recycling/South Bend Baling Co., 1420 S. Walnut Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Tom LaFoutain, Chairperson, Personnel and Finance 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. th Mr. Charles E. Clark, License Auditor, Department of Administration and Finance, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Clark advised that in accordance with the procedure for the renewal of City Business/Occupational licenses for the operation of Scrap Metal/Junk Dealers/Recycling Operations, renewal applications for four (4) businesses were submitted to the Police Department, Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building Department. The properties were inspected for Fire Code violations, environmental violations, proper maintenance of the premises and areas outside the fences, and the height and condition of the surrounding fencing. All four (4) applications received favorable recommendations from all reviewing departments. Mr. Clark further noted that the applicants have met all the technical requirements of the ordinance. A Public Hearing was held on the Resolution at this time. 4 REGULAR MEETING FEBRUARY 25, 2008 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White 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. BILL NO. 07-122 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND IN THE AIRPORT DEVELOPMENT AREA AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN- YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS LLC Councilmember Puzzello made a motion to continue this bill until the March 10, 2008 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 08-15 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE OLD TARGET STORE RETAIL COMPLEX LOCATED ON THE NORTH SIDE OF MCKINLEY AVENUE JUST WEST OF HICKORY ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR MCKINLEY APARTMENTS HOUSING PARTNERS, LP Councilmember Varner made a motion to continue this bill indefinitely at the request of the Petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 08-16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3445 WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR (4) YEAR REAL PROPERTY TAX ABATEMENT FOR JADE ELEPHANT HOLDING, LLC (LAKE MICHIGAN MAILERS, INC.) 5 REGULAR MEETING FEBRUARY 25, 2008 BILL NO. 08-17 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 3445 WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LAKE MICHIGAN MAILERS, INC. (JADE ELEPHANT HOLDING, INC) Councilmember Puzzello made a motion to combine these bills for purposes of Public Hearing. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3836-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3445 WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR (4) YEAR REAL PROPERTY TAX ABATEMENT FOR JADE ELEPHANT HOLDING, LLC (LAKE MICHIGAN MAILERS, INC.) 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 3445 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Fourteen (14) as shown on the recorded Plat of the Toll Road Industrial Park Section 6, recorded April 7, 1989 as document number 8908570 in the Office of the Recorder of St, Joseph, County, Indiana. and which has Key Number 25-1013-021111 presently at this point and time, 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. 6 REGULAR MEETING FEBRUARY 25, 2008 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 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. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of four (4) 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 7 REGULAR MEETING FEBRUARY 25, 2008 RESOLUTION NO. 3837-08 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 3445 WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LAKE MICHIGAN MAILERS, INC. (JADE ELEPHANT HOLDING, 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, Indiana, requesting that the area commonly known as 3445 William Richardson , Drive South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Fourteen (14) as shown on the recorded Plat of the Toll Road Industrial Park Section 6, recorded April 7, 1989 as document number 8908570 in the Office of the Recorder of St, Joseph, County, Indiana. and which has Tax Key Number 25-1013-021111 presently, 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 pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., 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; c. 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 8 REGULAR MEETING FEBRUARY 25, 2008 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 II. The Common Council hereby determines and finds 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. 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 VI. 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 Common Council Councilmember Henry Davis, Vice-Chairperson, Community and Economic Development Committee, reported that this committee conducted a Public Hearing on these bills this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. David C. Rhoa, President, Lake Michigan Mailers, Inc. 3777 Sky King Blvd., Kalamazoo, Michigan, made the presentation for this bill. Mr. Rhoa advised that Lake/Michigan Mailers Inc./Jade Elephant Holding, LLC are proposing to develop a 4.75 acre site to include construction of an approximate 13,000 square foot mail assembly and document processing facility. The facility will also serve as a “hot site” for disaster recovery for Lake Michigan Mailers’ document creation and mail assembly operations located in Kalamazoo, Michigan. In addition, the site will serve as a sales facility and customer training site for customers located in northern Indiana. The estimated cost of the building is $720,000. The site is currently owned by Ancon Construction Company, Inc. He noted that Jade Elephant Holding will purchase the site who will in turn lease the site to Lake Michigan Mailers, Inc. Lake Michigan Mailers will own the equipment placed on the site. A Public Hearing was held on the Resolution at this time. 9 REGULAR MEETING FEBRUARY 25, 2008 Mr. Phil Damico, Chamber of Commerce, 401 E. Colfax Avenue, South Bend, Indiana, spoke in favor of this bill. Mr. Damico stated that he met Mr. Rhoa when he called regarding a booth at the Business Expo. It was then that Mr. Rhoa advised that his company was looking to expand into Indiana. Mr. Damico stated that they first were looking to lease a building for approximately 2 years, then it was decided that it would be a 4-7 year lease. He stated that when the project was coming together, Mr. Rhoa advised that his company was committed to South Bend and build a building rather than lease. Mr. Damico stated that Jade Elephant Holding, LLC/Lake Michigan Mailers, Inc. are committed to South Bend and a long term investment. There being no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Varner made a motion to adopt Bill No. 08-16. Councilmember White seconded the motion which carried by a roll call vote of eight (8) ayes. Councilmember White made a motion to adopt Bill No. 08-17. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of eight (8) ayes. BILLS, FIRST READING There were no bills for First Reading 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 COMMENTS FROM MR. JOE RADECKI REGARDING PARKING IN FRONT LAWNS Mr. Joe Radecki questioned when the Department of Code Enforcement or the South Bend Police Department were going to start enforcing the ordinance prohibiting residents from parking in their front lawns. Mr. Radecki stated that you can go down any street in the City of South Bend and find cars illegally parked in front lawns, sidewalks, tree lawns, etc. Mr. Radecki stated that the ordinance that was passed by the Council last year is a good tool for both the Department of Code Enforcement and the Police Department to be able to write tickets to these individuals who are violating the ordinance. He would like to see tickets written immediately. COMMENTS FROM MR. JERRY NIEZGODSKI REGARDING LASALLE SQUARE Mr. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, thanked the Council for their participation in the LaSalle Square rehabilitation meeting. He noted that they had a great turn out at the meeting and is pleased that so many people are willing to come together to put the LaSalle Square Shopping Center back to the vibrant place it once was. 10 REGULAR MEETING FEBRUARY 25, 2008 ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 7:40 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy A. Rouse, President 11