HomeMy WebLinkAbout08-11-08 Common Council Minutes
REGULAR MEETINGAUGUST 11, 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, July 28, 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: Thomas LaFountain 3rd District
Ann Puzzello 4th District
David Varner 5th District
Oliver Davis 6th District Vice-President
Timothy Rouse At-Large President
Karen L. White At-Large
Al “Buddy” Kirsits At-Large
Absent: Derek D. Dieter 1st District, Chairperson Committee of the Whole
Henry Davis, Jr. 2nd District
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 July 28, 2008, meetings 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 July 28, 2008 meeting of
the Council be accepted and placed on file. Councilmember Oliver Davis seconded the
motion which carried by a voice vote of seven (7) ayes.
SPECIAL BUSINESS
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:05 p.m. Councilmember White 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 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.
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REGULAR MEETINGAUGUST 11, 2008
PUBLIC HEARINGS
BILL NO. 43-08 PUBLIC HEARING ON A BILL TO VACATE
THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST NORTH/SOUTH ALLEY WEST OF
LAUREL STREET AND SOUTH OF WESTERN
AVENUE CONTINUING SOUTH BORDERING
THE PENN CENTRAL RAILROAD
Councilmember Rouse made a motion to continue this bill until the August 25, 2008
meeting of the Council. Councilmember Puzzello seconded the motion which carried by
a voice vote of seven (7) ayes.
BILL NO. 44-08 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 16,
ARTICLE 2, SECTIONS 16-6 OF THE SOUTH
BEND MUNICIPAL CODE TO ADJUST RATES
FOR COLLECTION OF SOLID WASTE
Councilmember Varner made a motion to continue this bill until the August 25, 2008
meeting of the Council. Councilmember White seconded the motion which carried by a
voice vote of seven (7) ayes.
RISE AND REPORT
Councilmember White made a motion to rise and report to the full Council.
Councilmember Varner seconded the motion which carried by a voice vote of seven (7)
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 nine (9) members present.
BILLS – THIRD READING
There were no bills for Third Reading at this time
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REGULAR MEETINGAUGUST 11, 2008
RESOLUTIONS
RESOLUTION NO. 3888-08 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
PROPERTY LOCATED AT 1911
IRELAND ROAD, 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
WHEREAS, the Common Council must take action within sixty (60) days after
the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C.
36-7-4-918.6; and
WHEREAS, the Common Council is required to make a determination in writing
on such requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS, the South Bend Board of Zoning Appeals has made a
recommendation, pursuant to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the
Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for the property located at:
1911 Ireland Road, South Bend, IN 46614
In order to permit:
the construction and use of an AT&T 150’ Wireless Telecommunication Tower/Facility
in the City of South Bend located at 1911 Ireland Road, South Bend, IN 46614,
Parcel #23-1040-223605
SECTION II. Following a presentation by the Petitioner, and after proper public
hearing, the Common Council hereby approves the petition of the South Bend Board of
Zoning Appeals, a copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby
finds that:
1. The proposed use will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent
area or property values therein;
3. The proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein;
4. The proposed use is compatible with the recommendation of the City of
South Bend Comprehensive plan; all of which is requested by the South Bend Municipal
Code §21-09.03
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REGULAR MEETINGAUGUST 11, 2008
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 Al “Buddy” Kirsits, Chairperson, Zoning & Annexation Committee,
reported that this committee met this afternoon and voted to send it to the full Council
with a favorable recommendation.
Mr. Mark Lyons, Assistant Building Commissioner, 125 S. Lafayette Blvd., Suite 100,
South Bend, Indiana, presented the report from the Board of Zoning Appeals.
Mr. Lyons advised that the petitioner is requesting a special exception for a 150’
telecommunications tower facility, on property located at 1911 Ireland Road. Mr. Lyons
stated that the Board of Zoning Appeals held a Public Hearing on this bill and sends it to
the Common Council with a favorable recommendation.
Ms. Wende Chaille, Agent for AT &T, 206 W. Mill Street, Bremen, Indiana, made the
presentation for this bill.
Ms. Chaille advised that the Special Exception and Variance are being requested to allow
for the construction and use of a 150’ Wireless Communication Facility in the City of
South Bend, Indiana located at 1911 Ireland Road, South Bend, IN 46614. AT&T
desires to provide the City of South Bend with dependable wireless service. AT&T has a
Radio Frequency License from the FCC for the State of Indiana. Ms. Chaille further
noted that the proposed facility will be designed and constructed to meet applicable
governmental, health and industry safety standards. Specifically, AT&T will comply
with all FCC and FAA rules governing construction requirements, technical standards,
lighting, interference protection, power and height limitations and radio frequency
standards. She stated that they look forward to working with the City of South Bend to
bring the benefits of PCS service to the community.
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 White made a motion to adopt this
Resolution. Councilmember Kirsits seconded the motion which carried and the
Resolution was adopted by a roll call vote of seven (7) ayes.
BILL NO. 08-69 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
PROPERTY LOCATED AT 1129 N. ST.
LOUIS BLVD.
Councilmember Puzzello made a motion to continue this bill until the August 25, 2008
meeting of the Council. Councilmember Varner seconded the motion which carried by a
voice vote of seven (7) ayes.
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REGULAR MEETINGAUGUST 11, 2008
BILL NO. 08-53 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS 1401 SOUTH MAIN
STREET AS AN ECONOMIC
REVITALIZATION AREA FOR
PURPOSES OF A FIVE-YEAR (5) REAL
ST
PROPERTY TAX ABATEMENT FOR 1
SOURCE LAND TRUST #13 (ROBERT F.
JAGGER) D/B/A OLD FORT BUILDING
SUPPLY OF SOUTH BEND, INC.
Councilmember Varner made a motion to strike Bill No. 08-53 at the request of the
petitioner. Councilmember White seconded the motion which carried by a roll call vote
of seven (7) ayes.
RESOLUTION NO. 3889-08 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS 225 GARST STREET AS AN
ECONOMIC REVITALIZATION AREA
FOR PURPOSES OF A FOUR-YEAR
REAL PROPERTY TAX ABATEMENT
FOR JAMES F. AND SANDRA M.
MCCUNE
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
225 Garst Street, South Bend, Indiana, and which is more particularly described as
follows:
Lots 45, 46, 47 & S 33’ Lot 48 & W ½ Vac Alley E & Adj to South Bend City
and which has Tax Key Numbers 18-8001-0009 (S1/2 lot 48 & W1/2 vacated alley), 18-
8001-0010 (N1/2 lot 47 &W1/2 vacated alley), 18-8001-0011 (S1/2 lot 47 & W1/2
vacated alley), 18-8001-0012 9N1/2 lot 46 & W ½ vacated alley), 18-8001-0012 (N1/2
lot 46 & W ½ vacated alley), 18-8001-0013 (S1/2 lot 46 & W1/2 vacated alley) and 18-
8001-0014 (Lot 45 & W ½ vacated alley) as an Economic Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrance’s and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for 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:
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REGULAR MEETINGAUGUST 11, 2008
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 Real 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 Real property tax deduction for a period of four (4) years, and
further determines that the petition, the Memorandum of Agreement between the
Petitioner and the City of South Bend, and the Statement of Benefits comply with
Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code
6-1.1-12 et seq.
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/Timothy A. Rouse
Member of the Common Council
Mr. James McCune, 1002 S. Lafayette Blvd, Suite #1, South Bend, Indiana, made the
presentation for this bill.
Mr. McCune advised that he and his wife own the property at 225 Garst Street and plan
on building a 3,600 square foot addition to an existing building to house Mr. McCune’s
masonry business and provide more rental space for tenants that share the building. The
addition will be a steel building with an all brick front and will have 1,350 square feet of
office space and 2,250 square feet of shop space. Mr. McCune advised that he will lease
a portion of the building until his business grows into the entire building. The lessees
will be Great Lakes Window and Siding and The Sign Ship. The total cost of the project
is estimated at $203,500. The total project will create six (6) new, permanent, full-time
jobs and one (1) part-time job representing a new annual payroll of $180,000. The
project will also retain twelve (12) existing, permanent, full-time jobs representing an
annual payroll of $350,000.
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 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 seven (7) ayes.
RESOLUTION NO. 3890-08 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS 919 AND 923 NOTRE
DAME AVENUE AS RESIDENTIALLY
DISTRESSED AREAS FOR PURPOSES
OF A (5) FIVE-YEAR RESIDENTIAL
REAL PROPERTY TAX ABATEMENT
FOR RICHARD S. AND MICKI
L.KIDDER
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
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REGULAR MEETINGAUGUST 11, 2008
WHEREAS, a Declaratory Resolution designated the area commonly known as
919 and 923 Notre Dame Avenue, South Bend, Indiana, and which is more particularly
described as follows:
Lot 127 of Sorins second addition
,
and this property has Tax Key Numbers 18-5107-3780 and 18-5107-3779be designated
as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et
seq., and South Bend Municipal Code Sections 2-76 et seq., and;
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrance’s and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of
Indiana Code 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one
of the following conditions as formally established in Ordinance No. 9394-03, which was
passed on February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain only
one (1) or two (2) family dwellings designed for up to four (4) families,
including accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25;
or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits,
or certificates of occupancy, or the areas are owned by Indiana or the United
States; or
G. The area (plus any areas previously designated under this subsection) will
not exceed ten percent (10%) of the total area within the Council’s
jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for
projects of this nature;
C. That the other benefits about which information was requested are benefits
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REGULAR MEETINGAUGUST 11, 2008
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.
SECTION V. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of five (5) years, and
further determines that the petition complies with Chapter 2, Article 6, of the Municipal
Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq.
SECTION VI. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/Timothy A. Rouse
Member of the Common Council
Mr. Richard Kidder, 54338 Ivy Road, South Bend, Indiana, made the presentation for this
bill.
Mr. Kidder advised that he and his wife intend to construct a 2,800 square foot, single-
family, owner-occupied home. The home will have three bedrooms and three bathrooms
with a kitchen, dining room, library, laundry room, and mud room. The price of the
home will be approximately $415,000.
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 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 seven (7) ayes.
BILL NO. 08-72 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS 4201 LINDEN AVENUE AS
AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF UP TO A
SEVEN (7) YEAR REAL PROPERTY
TAX ABATEMENT FOR FOXTROT
REALTY CORPORATION
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REGULAR MEETINGAUGUST 11, 2008
BILL NO. 08-73 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS 4201 LINDEN AVENUE AN
ECONOMIC REVITALIZATION AREA
FOR PURPOSES OF A FIVE (5) YEAR
PERSONAL PROPERTY TAX
ABATEMENT FOR GTA CONTAINERS,
INC.
Councilmember Varner made a motion to combine these bills for purposes of Public
Hearing. Councilmember White seconded the motion which carried by a voice vote of
seven (7) ayes.
RESOLUTION NO. 3891-08 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS 4201 LINDEN AVENUE AS
AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF UP TO A
SEVEN (7) YEAR REAL PROPERTY
TAX ABATEMENT FOR FOXTROT
REALTY CORPORATION
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
4201 Linden Avenue, South Bend, Indiana, and which is more particularly described as
follows:
“A part of the east half of the southwest quarter of Section 4, Township 37 North,
Range 2 East, South Bend, Indiana, more particularly described as follows, viz:
Beginning at a point on the south line of said Southwest quarter 578.67 feet west
of the southeast corner of said southwest quarter; thence continuing westerly
along said south line of southwest quarter with an assumed bearing of North
89°42’30” West, 741 feet more or less to the west line of the east half of said
southwest quarter, 1344 feet more or less to the southerly right-of-way line of the
New York Central Railroad Company; thence South 79°18’30” East along said
southerly right-of-way line 758.3 feet, more or less to a point which is North
00°08’15” East 1207.34 feet to the place of beginning, excepting from the above
described tract a strip of land 40 feet in width, north and south, taken off of and
from the entire width of the south and thereof for Linden Avenue
and which has Key Number 018-2193-7257, be designated as an Economic
Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
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REGULAR MEETINGAUGUST 11, 2008
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 Real 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 Real property tax deduction for a period of up to seven (7)
years, and further determines that the petition, the Memorandum of Agreement between
the Petitioner and the City of South Bend, and the Statement of Benefits comply with
Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code
6-1.1-12 et seq.
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/Timothy A. Rouse
Member of the Common Council
RESOLUTION NO. 3892-08 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS 4201 LINDEN AVENUE AN
ECONOMIC REVITALIZATION AREA
FOR PURPOSES OF A FIVE (5) YEAR
PERSONAL PROPERTY TAX
ABATEMENT FOR GTA CONTAINERS,
INC.
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
4201 Linden Avenue, South Bend, Indiana, and which is more particularly described as
follows:
“A part of the east half of the southwest quarter of Section 4, Township 37 North,
Range 2 East, South Bend, Indiana, more particularly described as follows, viz:
Beginning at a point on the south line of said Southwest quarter 578.67 feet west
of the southeast corner of said southwest quarter; thence continuing westerly
along said south line of southwest quarter with an assumed bearing of North
89°42’30” West, 741 feet more or less to the west line of the east half of said
southwest quarter, 1344 feet more or less to the southerly right-of-way line of the
New York Central Railroad Company; thence South 79°18’30” East along said
southerly right-of-way line 758.3 feet, more or less to a point which is North
00°08’15” East 1207.34 feet to the place of beginning, excepting from the above
described tract a strip of land 40 feet in width, north and south, taken off of and
from the entire width of the south and thereof for Linden Avenue
and which has Key Number 018-2193-7257, as an Economic Revitalization Area; and
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REGULAR MEETINGAUGUST 11, 2008
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 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 et seq.; provided
however, the Petitioner may not receive an economic revitalization area deduction if it
receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same
property.
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/Timothy A. Rouse
Member of the Common Council
st
Mr. Richard Deahl, Barnes & Thornburg, 600 1 Source Center, 100 N. Michigan Street,
South Bend, Indiana, made the presentation for these bills.
Mr. Deahl advised that Foxtrot Realty Corporation/GTA Containers, Inc. are proposing to
construct and equip a 90,000 square foot building on an undeveloped portion of a 21 acre
site that they already own. The building will be owned by Foxtrot Realty and leased to
GTA Containers. The project will enable GTA to more than double its current
manufacturing capacity, allowing the company to bid on large, multi-year contracts with
the U.S. Department of Defense and also have the capacity for non-military contracts.
GTA Containers manufactures collapsible pillow tanks for fuel or water storage. The
containers range in size from 3,000 to 210,000 gallons. The estimate cost of the building
is $2,200,000 - $2,800. GTA Containers will own the equipment placed on the site. The
new equipment to be installed on the site has a total estimated cost of $250,000 to
$400,000. It includes, without limitation, automated fabric cutting equipment and
various machines for fabric seam sealing using hot air and Radio Frequency (RF)
technologies used in the manufacturing operation. Equipment will also be purchased to
transfer and handle raw materials and finished goods inventories. GTA was recently
offered two five-year contracts from the U.S. Army. They had been expecting only one.
With either one of the contracts they could have handled production in their current
facility, but both contracts together generate the need for additional space. One contract
was executed on July 11, 2008. The second contract arrived on July 14 and was executed
on July 15, 2008. Due to testing requirements contained in the second contract, time is of
the essence in completing construction of the new building and installation of necessary
equipment.
A Public Hearing was held on these Resolutions at this time.
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REGULAR MEETINGAUGUST 11, 2008
Here was no one present wishing to speak to the Council either in favor of or in
opposition to these Resolutions.
Councilmember White made a motion to adopt Bill No. 08-72. Councilmember Varner
seconded the motion which carried and the Resolution was adopted by a roll call vote of
seven (7) ayes.
Councilmember Puzzello made a motion to adopt Bill No. 08-73. Councilmember Oliver
Davis seconded the motion which carried and the Resolution was adopted by a roll call
vote of seven (7) ayes.
BILL NO. 08-74 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS 1840 N. COMMERCE
DRIVE TO BE AN ECONOMIC
REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR
PERSONAL PROPERTY TAX
ABATEMENT FOR STANZ
FOODSERVICE, INC.
Councilmember Oliver Davis made a motion to continue this bill until the August 25,
2008 meeting of the Council. Councilmember LaFountain seconded the motion which
carried by a voice vote of seven (7) ayes.
BILL NO. 08-75 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
4441 JADE CROSSING DRIVE, 4522,
4532 ASHARD DRIVE, 4430 JADE
CROSSING DRIVE (OR 4607 ASHARD
DRIVE), 4601, 4523, 4513, 4411, 4321
AND 4309 ASHARD DRIVE ALL IN
JADE CROSSING, SECTION I AS
RESIDENTIALLY DISTRESSED AREAS
FOR PURPOSES OF A (5) FIVE-YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR CLELAND
BUILDERS, INC.
Councilmember Oliver Davis made a motion to continue this bill until the August 25,
2008 meeting of the Council. Councilmember Varner seconded the motion which carried
by a voice vote of seven (7) ayes.
RESOLUTION NO. 3893-08 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING THE
ISSUANCE OF SCRAP METAL/JUNK
DEALERS/RECYCLING OPERATION
LICENSES FOR CALENDAR YEAR 2008
PURSUANT TO SECTION 4-51 OF THE
SOUTH BEND MUNICIPAL CODE
12
REGULAR MEETINGAUGUST 11, 2008
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 August 5, 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
LKQ Self Service Auto Parts, 1602 S. Lafayette Blvd.
Schrock Aggregates, Inc., 1702 N. Bendix Dr.
Shapiro Sales, 2920 W. Sample St.
South Bend Waste Paper, 1519 S. Franklin St.
A-1 Auto Parts, 2014 S. Lafayette Blvd.
U.S. Scrap, LLC; 1420 S. Walnut St.
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 August 5, 2008:
LKQ Self Service Auto Parts, 1602 S. Lafayette Blvd.
Schrock Aggregates, Inc., 1702 N. Bendix Dr.
Shapiro Sales, 2920 W. Sample St.
South Bend Waste Paper, 1519 S. Franklin St.
A-1 Auto Parts, 2014 S. Lafayette Blvd.
U.S. Scrap, LLC; 1420 S. Walnut St.
The license for A-1 Auto Parts shall be a restricted license which shall be subject
to a video surveillance system being installed once the business becomes operational.
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 Puzzello made a motion to entertain the substitute version of this
Resolution as on file with the Clerk. Councilmember Davis seconded the motion which
carried by a voice vote of seven (7) ayes.
Councilmember LaFountain, Chairperson, Personnel & Finance Committee reported that
this committee held a public hearing on this substitute bill this afternoon and sends it to
the full Council with a favorable recommendation.
th
Mr. Charles 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 prescribed in South Bend
Municipal Code Section 4-51 for the renewal of City Business/Occupational licenses for
the operation of Scrap Metal/Junk Dealers/Recycling Operations, renewal applications
13
REGULAR MEETINGAUGUST 11, 2008
for six (6) businesses were submitted to the Police Department, Fire Inspection Bureau,
Water Works, Department of Code Enforcement and Building Department. In that
group, were applications for three (3) new businesses (U.S. Scrap, LLC; LKQ of Indiana
and Schrock Aggregates), all of which are located on sites previously licensed and used
for this purpose. Mr. Clark stated that all applications received favorable
recommendations from all departments. This will confirm for the Common Council that
three (3) of the license applicants named in the enclosed resolution are in complete
compliance with all of the requirements of South Bend Municipal Code Section 4-51.
Specifically, these three (3) licensees have an operational surveillance system,
appropriate fencing, lighting, and buffer system. Three (3) of the licensees, Shapiro
Sales, Schrock Aggregate and A-2 Auto Parts, do not have a video surveillance system.
Shapiro does not deal with any walk-up business and Schrock only deals in gravel, dirt
and concrete through contractors. A-1 Auto Parts has not operated since 2006, but, wants
to keep his license active until he can find some financial backing or find a buyer for the
yard. Mr. Clark noted that all applicants have received favorable recommendations from
all departments.
A Public Hearing was held on these Resolutions at this time.
Council Attorney Kathleen Cekanski-Farrand read into the record the following
amendment: at the end of Section I. to include the following sentence: The license for
A-1 Auto Parts shall be a restricted license which shall be subject to a video surveillance
system being installed once the business becomes operational.
Councilmember Puzzello made a motion to amend this substitute bill as was read by the
Council Attorney. Councilmember Varner seconded the motion which carried by a voice
vote of seven (7) ayes. Additionally, Councilmember Varner made a motion to adopt this
substitute bill as amended. Councilmember Puzzello seconded the motion which carried
and the Resolution was adopted by a roll call vote of seven (7) ayes.
BILLS – FIRST READING
BILL NO. 45-08 FIRST READING ON A BILL TO
VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE FIRST
EAST/WEST ALLEY SOUTH OF
CALVERT STREET FROM OLIVE
STREET EAST TO THE FIRST
NORTH/SOUTH ALLEY FOR A
DISTANCE OF 116 FEET AND A WIDTH
OF 12 FEET. BEING A PART OF
HIGHLAND PARK ADDITION, CITY OF
SOUTH BEND, PORTAGE TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA
This bill had first reading. Councilmember Puzzello 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 August 25, 2008. Councilmember Varner seconded the motion which
carried by a voice vote of seven (7) ayes.
BILL NO. 46-08 FIRST READING ON A BILL TO
VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE ALLEYS
TO BE VACATED ARE DESCRIBED AS
THE FIRST EAST-WEST ALLEY NORTH
OF INDIANA AVENUE FROM THE
WEST RIGHT-OF-WAY LINE OF
LAFAYETTE STREET TO THE WEST
RIGHT-OF-WAY LINE OF THE FIRST
NORTH-SOUTH ALLEY WEST OF
LAFAYETTE STREET FOR A
14
REGULAR MEETINGAUGUST 11, 2008
DISTANCE OF APPROXIMATELY
177.84 FEET; AND A WIDTH OF
APPROXIMATELY 14 FEET; AND THE
FIRST NORTH-SOUTH ALLEY WEST
OF LAFAYETTE STREET FROM THE
NORTH RIGHT-OF-WAY LINE OF
INDIANA AVENUE FOR A DISTANCE
OF APPROXIMATELY 416 FEET+, AND
A WIDTH OF APPROXIMATELY 14
ST
FEET. PART SITUATED IN STULL’S 1
ADDITION TO THE TOWN OF MYLER
IN 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 August 25, 2008. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of seven (7) ayes.
BILL NO. 47-08 FIRST READING ON A BILL TO
VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE ALLEY
TO BE VACATED IS DESCRIBED AS
THE FIRST EAST-WEST ALLEY NORTH
OF STATE ROAD 23 FROM THE NORTH
RIGHT-OF-WAY LINE OF STATE ROAD
23 APPROXIMATELY 195.00 FEET
NORTH MORE OR LESS, AND 258.98
FEET WEST MORE OR LESS AND A
WIDTH OF APPROXIMATELY 12 FEET.
PART SITUATED IN HARTMAN AND
WOODWORTH’S PLAT 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 August 25, 2008. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of seven (7) ayes.
BILL NO. 48-08 FIRST READING 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 CLAY TOWNSHIP
CONTIGUOUS THEREWITH:
COUNCILMANIC DISTRICT #4, JOHN
ROY, 54700 BLOCK OF BURDETTE
STREET, SOUTH BEND, INDIANA
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Area Plan Commission. Councilmember Varner seconded the motion which carried
by a voice vote of seven (7) ayes.
15
REGULAR MEETINGAUGUST 11, 2008
BILL NO. 49-08 FIRST READING ON A BILL TO
VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE EAST 12
FEET OF DERUE COURT FROM
JEFFERSON BOULEVARD TO THE
NORTH LINE OF THE SOUTH 13 FEET
OF A 30 FEET WIDE PUBLIC INGRESS
EGRESS EASEMENT PER
INSTRUMENT NUMBER 0365811 AND
SAID SOUTH 13 FEET OF A 30 FEET
WIDE PUBLIC INGRESS EGRESS
EASEMENT FROM THE WEST LINE OF
THE EAST 12 FEET OF DERUE COURT
EXTENDED TO ST. JOSEPH STREET
This bill had first reading. Councilmember Puzello 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 August 25, 2008. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of seven (7) ayes.
UNFINISHED BUSINESS
BILL NO. 07-67 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS 1840 NORTH COMMERCE
DRIVE AS AN ECONOMIC
REVITALIZATION AREA FOR
PURPOSES OF A SEVEN (7) YEAR
REAL PROPERTY TAX ABATEMENT
FOR STANZ FOOD SERVICE, INC.
Councilmember LaFountain made a motion to refer this bill to the Community and
Economic Development Committee and set it for Public Hearing and third Reading on
August 25, 2008. Councilmember Varner seconded the motion which carried by a voice
vote of seven (7) ayes.
NEW BUSINESS
Councilmember Oliver Davis stated that he is the Council representative for TRANSPO
and that they have been undergoing their budget process. He stated that TRANSPO’s
goal for 2009 is not to raise fairs. Councilmember Oliver Davis stated that they are
currently .75 cents one way.
Council President Rouse advised that the Council has held many budget meeting the past
few weeks. He noted that they are still going through wage negotiations with the Police
and Fire Departments. President Rouse stated that they are still getting information from
various departments and will be scheduling additional meetings. He thanked all the
department heads and the administration for working together throughout the budget
process.
PRIVILEGE OF THE FLOOR
COMMENTS CONCERNING THE ELIMINATION OF SCHOOL CROSSING
GUARDS FOR 2009
16
REGULAR MEETINGAUGUST 11, 2008
Sandy Dreibelbeis, Spokesperson for the School Crossing Guards, 203 Eckman, South
Bend, Indiana, posed questions to the Common Council and asked them to find a way to
save their jobs and more importantly, maintain safety for schoolchildren in the city. Ms.
Dreibelbeis asked would volunteers and students replace the crossing guards. She also
asked if those volunteers would be screened with criminal background checks? Would
they sign a form agreeing not to carry weapons. She asked if they would be on time, and
willing to be outside in good and bad weather? She also asked who would be liable if a
student is hit by a car. She further noted that children don’t always obey the commands
of another child, and as a parent and a grandparent she would not want that responsibility
put on a child. She noted that most primary centers only go up to the fourth grade and
that is too much responsibility for a child of that age.
Marlene Lowe, 59670 Thornberry Ct., South Bend, Indiana, stated that she is here tonight
to speak to the Council who has the final say on the City’s finances. She stated that she
does not believe that the crossing guards should have to go before the school board. She
stated that the school board has done “an incompetent job educating the children” and is
already broke. She stated that her biggest concern is a child getting killed by a car going
to or from school. What is the city going to do when a parent sues the city for millions
because their child died?
Melisa Machowiak, 56830 Elmer Avenue, South Bend, Indiana, advised that when the
crossing guards met with police last Thursday, August 7, 2008 for their bidding meeting
for crossing locations, they were told that there would be “no discussion” on the
possibility of layoffs. She stated that some intersections are very dangerous such as five
points near Eddy Street and South Bend Avenue near Perley Primary Center.
COMMENTS FROM MS. CAROLYN ELBERT REGARDING ILLEGAL
OPERATION OF A BUSINESS
Carolyn Elbert, 1905 Randolph Street, South Bend, Indiana, advised that behind her
house is an auction barn. The owners have been renting out the facility on the weekends
to individuals who have live bands playing until 2:00 a.m. She stated that they serve
liquor and drive up and down the street all hours of the night. She questioned if this
building is zoned for this kind of activity and whether or not they have a license to serve
liquor. Ms. Elbert stated that she has called the South Bend Police Department on several
occasions.
Council President Rouse advised that he is assigning this to Councilmember Tom
rd
LaFountain, 3 District. He advise Ms. Elbert to contact Councilmember LaFountain
after the meeting.
ADJOURNMENT
There being no further business to come before the President Timothy Rouse adjourned
the meeting at 8:00 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Timothy Rouse, President
17