HomeMy WebLinkAbout08-25-08 Common Council Minutes
REGULAR MEETING AUGUST 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, August 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: Derek D. Dieter 1st District, Chairperson Committee of the Whole
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: 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 August 11, 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 August 11, 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
There was no Special Business to come before the Council at this time.
REPORTS OF CITY OFFICES
EXECUTIVE SUMMARY FROM GARY GILOT, DIRECTOR OF THE BOARD OF
PUBLIC WORKS ON THE NOTRE DAME SEWER SERVICE AGREEMENT
Mr. Gilot and Mr. Paul Kemp, Director, Utilities, University of Notre Dame, stated that
the agreement was essentially a collaboration helping both the City and the University of
Notre Dame. Mr. Gilot distributed a sixteen (16) page color handout explaining the
Special Rate Contract Update. A copy of the handout can be viewed at the Office of the
City Clerk.
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REGULAR MEETING AUGUST 25, 2008
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:15 p.m. Councilmember White made a motion to resolve into the Committee of the
Whole. Councilmember Dieter seconded the motion which carried by a voice vote of
nine (9) ayes. Councilmember Dieter, Chairperson, presiding.
Councilmember Dieter 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 Dieter stated that a brochure may be found on the railing in the Council
Chambers explaining those procedures.
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 Varner, Chairperson, Public Works and Property Vacation Committee,
reported that this committee met on this bill this afternoon and due to the lack of a
quorum sends this bill to full Council with no recommendation.
Ms. Gloria Vasquez, Church Secretary, Emmanuel Christian Church, 1024 W. Western
Avenue, South Bend, Indiana, made the presentation for this bill.
Ms. Vasquez advised that she has been a member of the church for over 12 years. During
that time, she has seen the congregation grow in numbers. She stated that due to this
increase, they are in need of a bigger building with a more suitable church temple and
room for the youth and children to grow. She stated that the vacation is requested to
allow for the expansion. Ms. Vasquez stated that to her knowledge the church is the only
one that uses it. She noted that they have maintained the alley by mowing and cleaning
any debris around it. She urged the Council for their favorable consideration so that the
congregation can being building the church of their dreams.
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 Varner seconded
the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 45-08 PUBLIC HEARING 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
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REGULAR MEETING AUGUST 25, 2008
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee,
reported that this committee met on this bill this afternoon and due to the lack of a
quorum sends this bill to full Council with no recommendation.
Mr. Kenneth P. Fedder, Attorney at Law, 53600 North Ironwood Drive, South Bend,
Indiana, made the presentation for this bill on behalf of the owner Mr. John C. Cocquyt.
Mr. Fedder advised that the alley in question is a paper alley and the owner of the
surrounding lots will be able to determine any development of the site.
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 Rouse made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Oliver Davis
seconded the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 46-08 PUBLIC HEARING 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
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 FEET. PART
ST
SITUATED IN STULL’S 1 ADDITION TO THE
TOWN OF MYLER IN THE CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee,
reported that this committee met on this bill this afternoon and due to the lack of a
quorum sends this bill to full Council with no recommendation.
Mr. Michael J. Danch, President, Danch, Harner & Associates, 1643 Commerce Drive,
South Bend, Indiana, made the presentation on behalf of the City of South Bend.
Mr. Danch advised his client, the City of South Bend, is requesting the approval of the
vacation of two (2) 14 foot alleys located north of Indiana Avenue and west of Lafayette
Blvd. The reason for this request is for the City of South Bend to develop a one lot
Minor Subdivision for the Transpo relocation project. Mr. Danch stated that they believe
that vacating the above mentioned right-of-ways will not have a detrimental effect on the
adjacent properties located along this portion of Indiana Avenue and Lafayette Street.
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 Davis made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Varner seconded
the motion which carried by a voice vote of eight (8) ayes.
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REGULAR MEETING AUGUST 25, 2008
BILL NO. 47-08 PUBLIC HEARING 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
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee,
reported that this committee met on this bill this afternoon and due to the lack of a
quorum sends this bill to full Council with no recommendation.
Mr. Michael J. Danch, President, Danch, Harner & Associates, 1643 Commerce Drive,
South Bend, Indiana, made the presentation on behalf of the City of South Bend and
Burkhart Advertising, Inc.
Mr. Danch advised that the petitioners are requesting this vacation of the real property to
allow for the future development of properties located along South Bend Avenue and to
allow for a future Street intersection point for the Eddy Street Commons project with
South Bend Avenue (S.R. #23.)
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 Rouse made a motion for favorable
recommendation to full Council concerning this bill. Councilmember LaFountain
seconded the motion which carried by a voice vote of eight (8) ayes.
BILL NO. 49-08 PUBLIC HEARING 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
Councilmember White made a motion to continue this bill until the September 8, 2008
meeting of the Council. Councilmember Varner seconded the motion which carried by a
voice vote of eight (8) 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
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REGULAR MEETING AUGUST 25, 2008
Councilmember White made a motion to hear the substitute version of this bill.
Councilmember Varner seconded the motion which carried by a voice vote of eight (8)
ayes.
Councilmember Oliver Davis, Chairperson, Utilities Committee reported that this
committee held a meeting this afternoon and it was the consensus of the committee to
send this substitute bill to the full Council with a favorable recommendation.
th
Ms. Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W.
Jefferson Blvd., South Bend, Indiana, Mr. Jack Dillon, Environmental Services, 3113
th
Riverside, Drive, South Bend, Indiana, Mayor Stephen Luecke, 14 Floor County-City
Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this
bill.
Ms. Fanello advised that the substitute bill for the Council’s consideration deals with
amendments to Chapter 16 of the Municipal Code, specifically Solid Waste fees. The
amendments are prompted by the increase in cost of collection and disposal of residential
solid waste. The substitute bill adjusts the increases in the cost for service for the
remainder of 2008 and 2009, and thereafter until modified, and deletes proposed
increases in calendars 2010 and 2011. She noted that costs are outpacing revenues which
drains any reserve account and does not leave funds for capital expenditures.
Mr. Jack Dillon outlined the pick-up services the department provides in addition to
weekly pick-up, namely one (1) free large-item pick up once a month; leaf collection;
clean-up calls for the Department of Code Enforcement and park clean-up for the Park
Department. Mr. Dillon reiterated that labor, gasoline, and tipping fees were the
justification for the rate increase. Mr. Dillon noted that even with the rate increase, the
rates would be lower than surrounding communities relying on public or private services.
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 Rouse made a motion for favorable
recommendation to full Council concerning this substitute bill as amended.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight
(8) 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 eight (8)
ayes.
ATTEST: ATTEST:
_________________________ _________________________
John Voorde, City Clerk Derek D. Dieter, Chairperson
Committee of the Whole
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REGULAR MEETING AUGUST 25, 2008
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 7:58 p.m. Council
President Tim Rouse presided with eight (8) members present.
BILLS, THIRD READING
ORDINANCE NO. 9857-08 AN ORDINANCE 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
This bill had third reading. Councilmember White made a motion to pass this bill.
Councilmember Dieter seconded the motion which carried. The bill passed by a roll call
vote of eight (8) ayes.
ORDINANCE NO. 9858-08 AN ORDINANCE 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 third reading. Councilmember Dieter made a motion to pass this bill.
Councilmember LaFountain seconded the motion which carried. The bill passed by a roll
call vote of eight (8) ayes.
ORDINANCE NO. 9859-08 AN ORDINANCE 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
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 FEET. PART
ST
SITUATED IN STULL’S 1 ADDITION TO THE
TOWN OF MYLER IN THE CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA
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REGULAR MEETING AUGUST 25, 2008
This bill had third reading. Councilmember Dieter made a motion to pass this bill.
Councilmember White seconded the motion which carried. The bill passed by a roll call
vote of eight (8) ayes.
ORDINANCE NO. 9860-08 AN ORDINANCE 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 third reading. Councilmember Dieter made a motion to pass this bill.
Councilmember LaFountain seconded the motion which carried. The bill passed by a roll
call vote of eight (8) ayes.
ORDINANCE NO. 9861-08 AN ORDINANCE 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
This bill had third reading. Councilmember Puzzello made a motion to consider the
substitute bill as amended in the Committee of the Whole. Councilmember White
seconded the motion which carried by a voice vote of eight (8) ayes. Additionally,
Councilmember Puzzello made a motion to pass this substitute bill as amended.
Councilmember LaFountain seconded the motion which carried. The bill passed by a roll
call vote of eight (8) ayes.
RESOLUTIONS
RESOLUTION NO. 3894-08 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 1129 N. ST. LOUIS
BLVD.
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.
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REGULAR MEETING AUGUST 25, 2008
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:
1129 N. St. Louis Blvd., South Bend, Indiana 46617
In order to permit: an accessory parking lot in an SF2 district
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
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 on this bill this afternoon and voted to send it to the full
Council with a favorable recommendation.
Mr. Mary Lyons, Assistant Building Commissioner, 125 S. Lafayette Blvd., South Bend,
Indiana, presented the report from the Board of Zoning Appeals.
Mr. Lyons advised that the petitioner is seeking a special exception for an accessory
parking lot in an SF2 District. The Board of Zoning Appeals held a public hearing on
July 17, 2008 and sends it to the Common Council with a favorable recommendation.
Mr. Rob Martin, Barr Design Group, 502 S. Main Street, Goshen, Indiana, made the
presentation on behalf of the petitioner Greater Holy Temple Church of God in Christ.
Mr. Martin advised that the petitioner is seeking a special exception to allow an accessory
off-street parking area within an SF2 Zoning District. This will allow for the
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REGULAR MEETING AUGUST 25, 2008
construction of a gymnasium addition to the church. The gymnasium will help the
church serve the local community needs. He noted that the use and value of the area
adjacent to the property included in the request will not be affected in a substantially
adverse manner because landscaping and screening per the South Bend City ordinances
will be installed. The parking demand during the week will be a fraction of the need that
is calculated per the city ordinance. The church operates a van/bus to bring
approximately 15, to 20 members of the congregation to church, reducing the number of
parking spaces needed. He noted that the proposed use will be consistent with the
character of the district in which it is located and the land uses authorized therein because
the church at present is an asset to the neighborhood, and maintains its property with
pride and distinction serving as an example to the adjacent properties. Mr. Martin further
noted that the proposed use is compatible with the recommendation of the City of South
Bend’s Comprehensive Plan.
A Public Hearing was held on the Resolution at this time.
Mr. Leroy Sutton, Pastor and Mr. Lee Ross, Associate Pastor, Greater Holy Temple
Church of God in Christ, 710 E. Napoleon, Blvd., South Bend, Indiana, spoke in favor of
this bill. They advised that the construction of gymnasium will benefit the youth of the
congregation and serve the needs of the local community.
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 White seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
RESOLUTION NO. 3895-08 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 TO BE AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A (5) FIVE-YEAR REAL
PROPERTY TAX ABATEMENT FOR STANZ
FOOD SERVICE, 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
1840 North Commerce Drive, South Bend, Indiana, and which is more particularly
described as follows:
PARCEL I: A tract of land in the Southwest Quarter of Section 33,
Township 38 North, Range 2 East,City of South Bend,St. Joseph County,
,
Indianamore particularly described as follows: Commencing at a brass
plug at the center of said Section 33; thence South 90°00'000° West on and
along the North line of the Southwest Quarter of said Section 33 a distance
of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an
iron at the Southwest corner of Progress Drive and Maplewood Avenue;
thence South 00°42'05" West on and along the West line of Maplewood
Avenue a distance of 399.39 feet to the true place of beginning; thence
South 00°42'05" West on and alongthe West line of Maplewood Avenue a
distance of 409.85 feet; thence South 89°30'39" West a distance of 434.08
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REGULAR MEETING AUGUST 25, 2008
feet to the East line of Commerce Drive; thence North 00°29'21" West on
and alongthe East line of Commerce Drive a distance of 409.85 feet:
thence North 89°30'39" East a distance of 442.55 feet to the true place of
beginning.
Said tract being Lot Number 21 of the Airport Industrial Park, Phase II.
:
PARCEL II Lots Numbered Twenty-eight (28), Twenty-nine (29), Thirty
(30) and Thirty-one (31) as shown on the recorded Plat on the recorded Plat
of Post Place, recorded August 21, 1912 in Plat Book 9, page 142 in the
Office of the Recorder of St. Joseph County, Indiana.
:
PARCEL IIIA tract of land in the Southwest Quarter of Section 33,
Township 38 North, Range 2 East, City of South Bend, St. Joseph County,
Indiana, more particularly described as follows: Commencing at a brass
plug at the center of said Section 33; thence South 90°00’00” West on and
along the North line of said Southwest Quarter of Section 33 a distance of
679.78 feet; thence South 00°42’05” West a distance of 9.01 feet to an iron
at the Southwest corner of Progress Drive and Maplewood Avenue, said
point being the true place of beginning; thence South 90°00’00” West on
and along the South line of said Progress Drive, a distance of 450.98 feet to
an iron on the East line of Commerce Drive; thence South 00°29’21” East
on and along the East line of Commerce Drive, a distance of 403.15 feet to
an iron; thence North 89°30’39” East a distance of 442.55 feet to an iron on
the West line of Maplewood Avenue; thence North 00°42’05” East on and
along the West line of Maplewood Avenue a distance of 399.39 feet to the
place of beginning. Said tract being Lot Numbered 22 of the Airport
Industrial Park Phase 2.
ALSO, a portion of Maplewood Avenue vacated by the City of South
Bend, Indiana, pursuant to Vacation Resolution No. 3466 (1977), which
portion is more particularly described as follows: A portion of Maplewood
Avenue, beginning at the South right-of-way line of Progress Drive and the
East right-of-way line of Maplewood Avenue, South 345 feet to the
Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet;
thence North 345 feet; thence East 50 feet to the place of beginning;
and which has Key Numbers 18-2183-688604, 18-2183-6832, 18-2183-6834, 18-2183-
6838, 18-2183-6840, 18-2183-6842, 18-2183-6844 and 18-2183-688607, 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 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.
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REGULAR MEETING AUGUST 25, 2008
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 five (5) 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
Councilmember Dieter, Chairperson, Community and Economic Development
Committee, reported that this committee held a Public Hearing on this bill this afternoon
to hear the pros and cons and voted to send it to the full Council with a favorable
recommendation.
Councilmember Puzzello made a motion to hear the substitute version of this bill.
Councilmember Dieter seconded the motion which carried by a voice vote of eight (8)
ayes.
st
Mr. Richard Deahl, Attorney at Law, 600 1 Source Bank Center, 100 North Michigan,
South Bend, Indiana, made the presentation for the bill on behalf of the petitioner, Stanz
Realty Co., LLP/Stanz Foodservice, Inc.
Mr. Deahl advised that Stanz Foodservice is a full-line, food service distribution
business. Stanz uses its warehouse and distribution facility to store dry, refrigerated, and
frozen goods to facilitate the transfer and delivery of such goods to customers throughout
Northern Indiana and Southern Michigan. The proposed project will enable Stanz to
increase the size of its warehouse and distribution facility and enhance operating
efficiencies through new cold/freezer warehouse technology, and accommodate growth in
its full-line grocery warehouse and distribution business.
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
substitute Resolution. Councilmember White seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
RESOLUTION NO. 3896-08 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.
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
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REGULAR MEETING AUGUST 25, 2008
WHEREAS, a Declaratory Resolution designated the area commonly known as
1840 N. Commerce Drive, South Bend, and which is more particularly described as
follows:
PARCEL I: A tract of land in the Southwest Quarter of Section 33,
Township 38 North, Range 2 East,City of South Bend,St. Joseph County,
,
Indianamore particularly described as follows: Commencing at a brass
plug at the center of said Section 33; thence South 90°00'000° West on and
along the North line of the Southwest Quarter of said Section 33 a distance
of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an
iron at the Southwest corner of Progress Drive and Maplewood Avenue;
thence South 00°42'05" West on and along the West line of Maplewood
Avenue a distance of 399.39 feet to the true place of beginning; thence
South 00°42'05" West on and alongthe West line of Maplewood Avenue a
distance of 409.85 feet; thence South 89°30'39" West a distance of 434.08
feet to the East line of Commerce Drive; thence North 00°29'21" West on
and alongthe East line of Commerce Drive a distance of 409.85 feet:
thence North 89°30'39" East a distance of 442.55 feet to the true place of
beginning.
Said tract being Lot Number 21 of the Airport Industrial Park, Phase II.
:
PARCEL II Lots Numbered Twenty-eight (28), Twenty-nine (29), Thirty
(30) and Thirty-one (31) as shown on the recorded Plat on the recorded Plat
of Post Place, recorded August 21, 1912 in Plat Book 9, page 142 in the
Office of the Recorder of St. Joseph County, Indiana.
:
PARCEL IIIA tract of land in the Southwest Quarter of Section 33,
Township 38 North, Range 2 East, City of South Bend, St. Joseph County,
Indiana, more particularly described as follows: Commencing at a brass
plug at the center of said Section 33; thence South 90°00’00” West on and
along the North line of said Southwest Quarter of Section 33 a distance of
679.78 feet; thence South 00°42’05” West a distance of 9.01 feet to an iron
at the Southwest corner of Progress Drive and Maplewood Avenue, said
point being the true place of beginning; thence South 90°00’00” West on
and along the South line of said Progress Drive, a distance of 450.98 feet to
an iron on the East line of Commerce Drive; thence South 00°29’21” East
on and along the East line of Commerce Drive, a distance of 403.15 feet to
an iron; thence North 89°30’39” East a distance of 442.55 feet to an iron on
the West line of Maplewood Avenue; thence North 00°42’05” East on and
along the West line of Maplewood Avenue a distance of 399.39 feet to the
place of beginning. Said tract being Lot Numbered 22 of the Airport
Industrial Park Phase 2.
ALSO, a portion of Maplewood Avenue vacated by the City of South
Bend, Indiana, pursuant to Vacation Resolution No. 3466 (1977), which
portion is more particularly described as follows: A portion of Maplewood
Avenue, beginning at the South right-of-way line of Progress Drive and the
East right-of-way line of Maplewood Avenue, South 345 feet to the
Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet;
thence North 345 feet; thence East 50 feet to the place of beginning;
and which has Key Numbers 18-2183-688604, 18-2183-6832, 18-2183-6834, 18-2183-
6838, 18-2183-6840, 18-2183-6842, 18-2183-6844 and 18-2183-688607, 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
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REGULAR MEETING AUGUST 25, 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 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, Attorney at Law, 600 1 Source Bank Center, 100 North Michigan,
South Bend, Indiana, made the presentation for the bill on behalf of the petitioner, Stanz
Realty Co., LLP/Stanz Foodservice, Inc.
Mr. Deahl advised that Stanz Foodservice is a full-line, food service distribution
business. Stanz uses its warehouse and distribution facility to store dry, refrigerated, and
frozen goods to facilitate the transfer and delivery of such goods to customers throughout
Northern Indiana and Southern Michigan. The purposed project consists of the
acquisition and installation of new logistical distribution and information technology
equipment, including without limitation, warehouse racking systems, fork lifts, pallet
movement mechanisms, GPS monitoring and tracking systems and related systems for
use in Stanz’s full line food service distribution business. This equipment will
complement Stanz’s investment in real estate improvement and its commitment to
growing its distribution headquarters and business in South Bend. The entire cost of the
proposed project is estimated between $300,000 to $700,000 for logistical distribution
equipment and between $50,000 and $150,000 for information technology equipment.
Per the petition, it is estimated that the project, by itself, will not create additional full-
time and part-time permanent jobs within the first year of the project, but will enable
Stanz to maintain 162 existing permanent full-time jobs and 9 existing permanent part-
time jobs with an annual payroll of $7,251,439, including existing permanent full-time
minority employment of 12 positions.
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
substitute Resolution. Councilmember Varner seconded the motion which carried and
the Resolution was adopted by a roll call vote of eight (8) ayes.
13
REGULAR MEETING AUGUST 25, 2008
RESOLUTION NO. 3897-08 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 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.
WHEREAS, a Statement of Benefits and a petition for residential real property
tax abatement have been submitted to and 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 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 South
Bend, Indiana, and which is more particularly described as follows:
LEGAL DESCRIPTION: JADE CROSSING - SECTION I
LOTS NUMBERED 1, 83, 84, 87, 88, 90, 92, 95, 98 AND 100 AS SHOWN ON
THE RECORDED PLAT OF JADE CROSSING, SECTION I, RECORDED
APRIL 2, 2004 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH
COUNTY, INDIANA AS INSTRUMENT NO. 0415098.
.
and this property which has Tax Key Numbers 25-1013-020748, 25-1013-020930 and
25-1013-020931, 25-1013-020934, 25-1013-020935, 25-1013-020937, 25-1013-020939,
25-1013-020942, 25-1013-020945 and 25-1013-020947 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, 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 a Residentially Distressed 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 a Residentially Distressed 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 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
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REGULAR MEETING AUGUST 25, 2008
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 determines and finds that the proposed
described redevelopment can be reasonably expected to yield benefits identified in the
Statement of Benefits and the petition for real property tax abatement consideration and
that the Statement of Benefits form prescribed by the State Board of Accounts are
sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3.
SECTION V. The Common Council hereby accepts the report and recommendation of
the Community and Economic Development Committee that the area herein described be
designated as a Residentially Distressed Area and hereby adopts a Resolution designating
this area as a Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five
(5) calendar years from the date of the adoption of this Resolution by the Common
Council.
SECTION VII. 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 VIII. 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.
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REGULAR MEETING AUGUST 25, 2008
SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all
local code standards for habitability as a specific condition of having such property
designated as a residentially distressed area.
SECTION X. 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 Dieter, Chairperson, Community & Economic Development Committee,
reported that this committee held a public hearing to hear the pros and cons on this bill
this afternoon and voted to send it to the full Council with a favorable recommendation.
Mr. Bernie Feeney, Registered Land Surveyor, 715 S. Michigan St., South Bend, Indiana,
made the presentation for this bill on behalf of the owner, Jade Crossing LLC and
Cleland Homes.
Mr. Feeney advised that the petitioner is seeking tax abatement for the remaining
undeveloped lots in Jade Crossing Section One.
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 Puzzello seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
RESOLUTION NO. 3898-08 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 1827 NORTH
BENDIX DRIVE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A (5) FIVE-YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR MANN + HUMMEL USA,
INCORPORATED
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 1827 North Bendix Drive
South Bend, Indiana, and which is more particularly described as follows:
A parcel of land being part of the Northeast Quarter of the Southeast
Quarter of Section 33. Township 38 North Range 2 East, in the City of
South Bend, Portage Township, St. Joseph County, Indiana
and which has Tax Key Number 018-500-299104 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
16
REGULAR MEETING AUGUST 25, 2008
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
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
17
REGULAR MEETING AUGUST 25, 2008
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 Dieter, Chairperson, Community & Economic Development Committee,
reported that this committee held a public hearing to hear the pros and cons on this bill
this afternoon and voted to send it to the full Council with a favorable recommendation.
Ms. Christina Carroll, 6400 S. Sprinkle Rd, Portage, Michigan, made the presentation for
this bill.
Ms. Carroll advised that Mann + Hummel USA, Inc., plans to install machinery and
equipment costing approximately $2,000,000. The machinery and equipment will be
used to manufacture manifolds and air intake systems for General Motors and Toyota.
The Petitioner manufactures various products for the automotive industry. The products
are made of nylon and plastic and are manufactured using injection molding processes. It
is estimated that the total project will create four (4) new, permanent, full-time jobs
within the first year representing a new annual payroll of $120,000. The project will
retain one hundred fifty (154) existing permanent, full-time jobs (of which 46 are
minority employees) with an annual payroll of $4,500,000.
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 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.
BILL NO. 08-78 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND APPROVING
A REQUEST FOR A SPECIAL EXCEPTION TO
CONSIDER THE DESIGNATION OF CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
TAX ABATEMENT FOR UNIVERSITY OF
NOTRE DAME DU LAC, AND INNOVATION
PARK AT NOTRE DAME, INC. (THE
“PETITIONER”)
BILL NO. 08-79 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA, AS AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A TEN (10) YEAR REAL
PROPERTY TAX ABATEMENT FOR
UNIVERSITY OF NOTRE DAME DU LAC,
INNOVATION PARK AT NOTRE DAME, INC.,
(“PETITIONER”)
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REGULAR MEETING AUGUST 25, 2008
BILL NO. 08-80 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA, AS AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR
UNIVERSITY OF NOTRE DAME DU LAC,
INNOVATION PARK AT NOTRE DAME, INC.,
(“PETITIONER”)
Councilmember Varner made a motion to combine these bills for purposes of Public
Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of
eight (8) ayes.
RESOLUTION NO. 3899-08 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND APPROVING
A REQUEST FOR A SPECIAL EXCEPTION TO
CONSIDER THE DESIGNATION OF CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
TAX ABATEMENT FOR UNIVERSITY OF
NOTRE DAME DU LAC, AND INNOVATION
PARK AT NOTRE DAME, INC. (THE
“PETITIONER”)
WHEREAS, the Petitioner (both non-profit organizations) and the City of South
Bend have cooperated to (a) identify certain property located on the campus of University
of Notre Dame as a site for the proposed development of a technology park to be known
as “Innovation Park at Notre Dame” (the “Innovation Park”), and (b) complete and
submit an application for certification of the Innovation Park (as well as the Studebaker
Industrial Park referenced below) as a “Certified Technology Park” by the State of
Indiana;
WHEREAS, it is anticipated that the Innovation Park will, after numerous phases,
be comprised of approximately 200,000 square feet of lab and office space and will
pursue a mission to “transform research into marketable enterprises”;
WHEREAS, the City of South Bend has also identified the Studebaker Industrial
Park as a satellite site for the facilities to accommodate business activity emerging from
the commercialization of research and innovations from the Innovation Park;
WHEREAS, petitions for real and personal property tax abatement (together,
“Petitions”) have been filed with the City Clerk for consideration by the Common
Council of the City of South Bend, Indiana (the “Common Council”), requesting that a
site of approximately 12-acres (commonly known as Edison Road adjoining
Twyckenham Drive extension on State Road 23), and which is more particularly
described as follows:
Parcel 1:
A Parcel of land in the Northwest Quarter of Section 6, Township 37 North,
Range 3 East of the Second Principal Meridian, St. Joseph County, Indiana, more
particularly described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 6;
thence South 00°43'29" East (this and all subsequent bearings based on the
Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East
line of said Northwest Quarter to the northwesterly line of a parcel of land
conveyed to the State of Indiana for right-of-way purposes along State Road 23
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REGULAR MEETING AUGUST 25, 2008
(South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in
the Office of the Recorder of St. Joseph County, Indiana; thence South 53°08'24”
West, 123.83 feet along said northwesterly line to the POINT OF BEGINNING of
this description; thence continuing along said line South 53°08'24” West 58.42
feet; thence South 50°14'48” West, 250.32 feet along said line to the
northwesterly boundary of S.R. 23; thence South 52°50'49” West, 338.01 feet
along said boundary; thence North 36°50'07” West, 588.23 feet to the south line
of a parcel of land designated as parcel number 3 for relocated Edison Road and
Twyckenham Drive extension on a Right-of-Way plat recorded August 16, 2005
as Document Number 0537239 in said Recorder's Office; thence along the
southerly and westerly lines of said parcel number 3 the following 6 courses and
distances:
1) northeasterly 241.94 feet along a curve to the left having a radius of 1190.00
feet and subtended by a long chord bearing North 56°00'19” East, a distance of
241.52 feet;
2) northeasterly 591.36 feet along a curve to the right having a radius of 1070.00
feet and subtended by a long chord bearing North 66°00'50" East, a distance of
583.86 feet;
3) South 58°26'38” East, 68.74 feet;
4) South 00°47'43” West, 10.96 feet;
5) southerly 265.73 feet along a curve to the left having a radius of 960.00 feet
and subtended by a long chord bearing South 07°08'04" East, a distance of 264.89
feet;
6) South 15°03'52” East, 139.03 feet to the point of beginning, and containing
9.446 acres more or less.
Parcel 2:
A Parcel of land partly in the Northwest Quarter and partly in the Northeast
Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal
Meridian, St. Joseph County, Indiana, more particularly described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 6;
thence South 00°43'29" East (this and all subsequent bearings based on the
Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East
line of said Northwest Quarter to the northwesterly line of a parcel of land
conveyed to the State of Indiana for right-of-way purposes along State Road 23
(South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in
the Office of the Recorder of St. Joseph County, Indiana; thence South 53°08'24”
West, 5.36 feet along said northwesterly line to the easterly line of a parcel of
land designated as parcel number 3 for Twyckenham Drive extension and
relocated Edison Road on a Right-of-Way plat recorded August 16, 2005 as
Document Number 0537239 in said Recorder's Office and to the POINT OF
BEGINNING of this description; thence along the easterly and northerly lines of
said parcel number 3 the following 5 courses and distances:
1) North 15°03'52” West, 80.12 feet;
2) North 09°12'15” West, 142.01 feet;
3) North 00°09'24” West, 106.80 feet;
4) North 21°13'12” East, 64.63 feet;
5) North 89°10'21” East, 182.11 feet to the west boundary of vacated Ivy Road;
thence South 00°46'11” East, 250.94 feet along said vacated Ivy Road to the
northerly corner of the aforementioned parcel conveyed to the State of Indiana for
right-of-way purposes; thence South 31°35'38” West, 27.44 feet along the
northwesterly line of said parcel; thence South 53°08'24” West, 188.28 feet along
the northwesterly line of said parcel to the point of beginning, and containing
1.490 acres more or less,
and which is contained in two original parcels with tax key numbers 18-5102-3579 and
17-1017-0406 (the “Property”), be designated as an Economic Revitalization Area under
the provisions of Indiana Code sections 6-1.1-12.1-1 et seq., and South Bend Municipal
Code sections 2-76 et seq.; and
20
REGULAR MEETING AUGUST 25, 2008
WHEREAS, the proposed site, development and use of the Property as a Certified
Technology Park is unique and is not specifically contemplated in South Bend Municipal
Code sections 2-76 et seq. (the “Municipal Code”) as an area or use which is “pre-
designated” for tax abatement consideration using the general standards for tax abatement
consideration under the Municipal Code; and
WHEREAS, the Common Council has authority under Municipal Code Section 2-
84 et seq., to declare any property within the City as an economic revitalization area, and
WHEREAS, Petitioner has requested that the Common Council grant a special
exception to consider designating the Property as an Economic Revitalization Area for
purposes of real and personal property tax abatement related to the development of the
Innovation Park.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Petitioner has presented testimonial and documentary evidence,
including without limitation, the Petitions which detail the proposed investment in and
development of the Innovation Park, together with estimates of benefits which are
reasonably expected to result from the Innovation Park.
SECTION II. Based on information presented, the Common Council hereby makes the
following findings in support of this resolution:
A. The Petitioner and the City of South Bend have cooperated to identify the
Innovation Park as the site for a technology park;
B. Applications have been filed by the City of South Bend for the Innovation
Park, together with the Studebaker Industrial Park, to be designated as
sites comprising a Certified Technology Park under Indiana law;
C. The Petitioner intends that the Innovation Park will be the site of office
and laboratory facilities which will be used to research, develop and
commercialize products and solutions based on intellectual property and
other research;
D. The Studebaker Industrial Park is anticipated to serve as a satellite site for
facilities to accommodate business activity emerging from the
commercialization of research and innovations from the Innovation Park;
E. The Petitioner intends to construct the Innovation Park on approximately
12-acres of vacant property located near the campus of University of
Notre Dame at significant cost, and to compete for tenants who seek to
locate to technology parks to further research and development activities;
F. The construction of the Innovation Park is speculative in that Petitioner
must attract tenants with research and development expertise to locate
within the Innovation Park as opposed to other competing technology
parks affiliated with Universities within and outside of Indiana;
G. The Petitioner is committed to operating the Innovation Park in a manner
that will benefit the City of South Bend and surrounding areas through the
anticipated introduction and transfer of new technologies and systems to
the private sector and marketable enterprises;
H. The designation of the Innovation Park and Studebaker Industrial Park as
complimentary sites for the Certified Technology Park is intended to
enable emerging businesses to locate to and remain in the City of South
Bend;
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REGULAR MEETING AUGUST 25, 2008
I. The products/marketable enterprises which result from operations at the
Innovation Park are anticipated to contribute to increased employment
opportunities available in the City and surrounding areas, thus leading to
improved employment opportunities for the local work force;
J. The property is located within the Northeast Neighborhood Development
Area, an area within the city that has been targeted by the Common
Council for consideration of tax abatement for redevelopment and
rehabilitation;
K. The Petitioner anticipates that construction of the first building in the
Innovation Park could begin as early as fall, 2008, at significant cost as
described in the Petitions; and
L. The Petitioner is respectfully requesting a Special Exception under the
City of South Bend’s Tax Abatement Ordinance, for the Common Council
to consider designating the Property as an economic revitalization area and
approving real and personal property tax abatements for the Innovation
Park.
SECTION III. The foregoing facts, taken together, lead the Common Council to
conclude that compelling reasons exist to approve a Special Exception to permit further
consideration of designating the Property as an economic revitalization area for real and
personal property tax abatement consideration, all in accordance with Article 6, Division
9, Section 2-84 of the South Bend Municipal Ordinance and Indiana Code 6-1.1-12.1-1 et
seq.
SECTION IV. The Common Council hereby approves the Special Exception, for the
purpose of permitting the Council to proceed with consideration of the Petition on its
merits.
SECTION V. 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
RESOLUTION NO. 3900-08 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND,
INDIANA, AS AN ECONOMIC
REVITALIZATION AREA FOR
PURPOSES OF A TEN (10) YEAR REAL
PROPERTY TAX ABATEMENT FOR
UNIVERSITY OF NOTRE DAME DU
LAC, INNOVATION PARK AT NOTRE
DAME, INC., (“PETITIONER”)
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 within the City of South Bend, Indiana, and which is more
particularly described as follows:
“Parcel 1:
A Parcel of land in the Northwest Quarter of Section 6, Township 37 North,
Range 3 East of the Second Principal Meridian, St. Joseph County, Indiana, more
particularly described as follows:
22
REGULAR MEETING AUGUST 25, 2008
Commencing at the Northeast Corner of the Northwest Quarter of said Section 6;
thence South 00°43'29" East (this and all subsequent bearings based on the
Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East
line of said Northwest Quarter to the northwesterly line of a parcel of land
conveyed to the State of Indiana for right-of-way purposes along State Road 23
(South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in
the Office of the Recorder of St. Joseph County, Indiana; thence South 53°08'24”
West, 123.83 feet along said northwesterly line to the POINT OF BEGINNING of
this description; thence continuing along said line South 53°08'24” West 58.42
feet; thence South 50°14'48” West, 250.32 feet along said line to the
northwesterly boundary of S.R. 23; thence South 52°50'49” West, 338.01 feet
along said boundary; thence North 36°50'07” West, 588.23 feet to the south line
of a parcel of land designated as parcel number 3 for relocated Edison Road and
Twyckenham Drive extension on a Right-of-Way plat recorded August 16, 2005
as Document Number 0537239 in said Recorder's Office; thence along the
southerly and westerly lines of said parcel number 3 the following 6 courses and
distances:
1) northeasterly 241.94 feet along a curve to the left having a radius of 1190.00
feet and subtended by a long chord bearing North 56°00'19” East, a distance of
241.52 feet;
2) northeasterly 591.36 feet along a curve to the right having a radius of 1070.00
feet and subtended by a long chord bearing North 66°00'50" East, a distance of
583.86 feet;
3) South 58°26'38” East, 68.74 feet;
4) South 00°47'43” West, 10.96 feet;
5) southerly 265.73 feet along a curve to the left having a radius of 960.00 feet
and subtended by a long chord bearing South 07°08'04" East, a distance of 264.89
feet;
6) South 15°03'52” East, 139.03 feet to the point of beginning, and containing
9.446 acres more or less.
and
Parcel 2:
A Parcel of land partly in the Northwest Quarter and partly in the Northeast
Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal
Meridian, St. Joseph County, Indiana, more particularly described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 6;
thence South 00°43'29" East (this and all subsequent bearings based on the
Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East
line of said Northwest Quarter to the northwesterly line of a parcel of land
conveyed to the State of Indiana for right-of-way purposes along State Road 23
(South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in
the Office of the Recorder of St. Joseph County, Indiana; thence South 53°08'24”
West, 5.36 feet along said northwesterly line to the easterly line of a parcel of land
designated as parcel number 3 for Twyckenham Drive extension and relocated
Edison Road on a Right-of-Way plat recorded August 16, 2005 as Document
Number 0537239 in said Recorder's Office and to the POINT OF BEGINNING of
this description; thence along the easterly and northerly lines of said parcel
number 3 the following 5 courses and distances:
1) North 15°03'52” West, 80.12 feet;
2) North 09°12'15” West, 142.01 feet;
3) North 00°09'24” West, 106.80 feet;
4) North 21°13'12” East, 64.63 feet;
5) North 89°10'21” East, 182.11 feet to the west boundary of vacated Ivy Road;
thence South 00°46'11” East, 250.94 feet along said vacated Ivy Road to the
northerly corner of the aforementioned parcel conveyed to the State of Indiana for
right-of-way purposes; thence South 31°35'38” West, 27.44 feet along the
northwesterly line of said parcel; thence South 53°08'24” West, 188.28 feet along
23
REGULAR MEETING AUGUST 25, 2008
the northwesterly line of said parcel to the point of beginning, and containing
1.490 acres more or less,
and which has Key Numbers 17-1017-0406 and 18-5102-3579, be designated as an
Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq.,
and South Bend Municipal Code Sections 2-76 et seq., and;
WHEREAS, the Department of Community and Economic Development has
concluded an investigation and prepared a report with information sufficient for the
Common Council to determine that the area qualifies as an Economic Revitalization Area
under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76,
et seq., and has further prepared maps and plats showing the boundaries and such other
information regarding the area in question as required by law; and
WHEREAS, the Community and Economic Development Committee of the
Common Council has reviewed said report and recommended to the Common Council
that the area qualifies as an Economic Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the Petition for
Real Property Tax Abatement and the Statement of Benefits form completed by the
Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets
the applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is
reasonable for projects of this nature;
C. That the estimate of the number of individuals who will be employed or
whose employment will be retained by the Petitioner and future tenants related to the
project 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 and future tenants
related to the project can be reasonably expected to result from the proposed
redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described redevelopment or
rehabilitation; and
F. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3.
SECTION III. The Common Council hereby determines and finds that the proposed
described redevelopment or rehabilitation can be reasonably expected to yield benefits
identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real
Property Tax Abatement Consideration and the Memorandum of Agreement between the
Petitioner and the City of South Bend, and that the Statement of Benefits form completed
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, and the
Statement of Benefits is hereby approved.
24
REGULAR MEETING AUGUST 25, 2008
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 ten
(10) calendar years from the date of the adoption of this Resolution by the Common
Council.
SECTION VI. The Common Council hereby determines that the Petitioner is qualified
for and is granted property tax deductions for a period of ten (10) 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
RESOLUTION NO. 3901-08 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA, AS AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR
UNIVERSITY OF NOTRE DAME DU LAC,
INNOVATION PARK AT NOTRE DAME, INC.,
(“PETITIONER”)
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 within the City of South Bend, Indiana, and which
is more particularly described as follows:
“Parcel 1:
A Parcel of land in the Northwest Quarter of Section 6, Township 37 North,
Range 3 East of the Second Principal Meridian, St. Joseph County, Indiana, more
particularly described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 6;
thence South 00°43'29" East (this and all subsequent bearings based on the
Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East
line of said Northwest Quarter to the northwesterly line of a parcel of land
conveyed to the State of Indiana for right-of-way purposes along State Road 23
(South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in
the Office of the Recorder of St. Joseph County, Indiana; thence South 53°08'24”
West, 123.83 feet along said northwesterly line to the POINT OF BEGINNING of
this description; thence continuing along said line South 53°08'24” West 58.42
feet; thence South 50°14'48” West, 250.32 feet along said line to the
northwesterly boundary of S.R. 23; thence South 52°50'49” West, 338.01 feet
along said boundary; thence North 36°50'07” West, 588.23 feet to the south line
25
REGULAR MEETING AUGUST 25, 2008
of a parcel of land designated as parcel number 3 for relocated Edison Road and
Twyckenham Drive extension on a Right-of-Way plat recorded August 16, 2005
as Document Number 0537239 in said Recorder's Office; thence along the
southerly and westerly lines of said parcel number 3 the following 6 courses and
distances:
1) northeasterly 241.94 feet along a curve to the left having a radius of 1190.00
feet and subtended by a long chord bearing North 56°00'19” East, a distance of
241.52 feet;
2) northeasterly 591.36 feet along a curve to the right having a radius of 1070.00
feet and subtended by a long chord bearing North 66°00'50" East, a distance of
583.86 feet;
3) South 58°26'38” East, 68.74 feet;
4) South 00°47'43” West, 10.96 feet;
5) southerly 265.73 feet along a curve to the left having a radius of 960.00 feet
and subtended by a long chord bearing South 07°08'04" East, a distance of 264.89
feet;
6) South 15°03'52” East, 139.03 feet to the point of beginning, and containing
9.446 acres more or less.
and
Parcel 2:
A Parcel of land partly in the Northwest Quarter and partly in the Northeast
Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal
Meridian, St. Joseph County, Indiana, more particularly described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 6;
thence South 00°43'29" East (this and all subsequent bearings based on the
Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East
line of said Northwest Quarter to the northwesterly line of a parcel of land
conveyed to the State of Indiana for right-of-way purposes along State Road 23
(South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in
the Office of the Recorder of St. Joseph County, Indiana; thence South 53°08'24”
West, 5.36 feet along said northwesterly line to the easterly line of a parcel of land
designated as parcel number 3 for Twyckenham Drive extension and relocated
Edison Road on a Right-of-Way plat recorded August 16, 2005 as Document
Number 0537239 in said Recorder's Office and to the POINT OF BEGINNING of
this description; thence along the easterly and northerly lines of said parcel
number 3 the following 5 courses and distances:
1) North 15°03'52” West, 80.12 feet;
2) North 09°12'15” West, 142.01 feet;
3) North 00°09'24” West, 106.80 feet;
4) North 21°13'12” East, 64.63 feet;
5) North 89°10'21” East, 182.11 feet to the west boundary of vacated Ivy Road;
thence South 00°46'11” East, 250.94 feet along said vacated Ivy Road to the
northerly corner of the aforementioned parcel conveyed to the State of Indiana for
right-of-way purposes; thence South 31°35'38” West, 27.44 feet along the
northwesterly line of said parcel; thence South 53°08'24” West, 188.28 feet along
the northwesterly line of said parcel to the point of beginning, and containing
1.490 acres more or less,
and which has Key Numbers 17-1017-0406 and 18-5102-3579, 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
26
REGULAR MEETING AUGUST 25, 2008
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 research and development (“R&D”)
equipment and new information technology (“IT”) 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 and future tenants related to the
project can reasonably be expected to result from the proposed installation of the new
R&D equipment and new IT 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 and future tenants
related to the project can be reasonably expected to result from the proposed installation
of the new R&D equipment and new IT equipment;
d. any other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed new R&D equipment and new IT
equipment; and
e. the totality of benefits is sufficient to justify the deductions requested.
SECTION II. The Common Council hereby determines and finds that the proposed new
R&D equipment and IT 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, and the
Statement of Benefits is hereby approved.
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 shall be limited to
ten (10) calendar years from the date of the adoption of this Resolution by the Common
Council.
SECTION V. The Common Council hereby determines that the Petitioner and future
tenants located within the economic revitalization area described in this Resolution are
qualified for and granted property tax deductions for a period of five (5) years; provided
however, neither the Petitioner nor any tenants may 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 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.
27
REGULAR MEETING AUGUST 25, 2008
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 Dieter, Chairperson, Community & Economic Development Committee,
reported that this committee held a public hearing to hear the pros and cons on these bills
this afternoon and voted to send them to the full Council with a favorable
recommendation.
st
Mr. Philip J. Faccenda, Jr., Barnes & Thornburg, LLP 600 1 Source Bank Center, 100
North Michigan, South Bend, Indiana, made the presentation on the bills.
Mr. Faccenda advised that on behalf of the University of Notre Dame Du Lac, they
would like to clarify some of the Council’s questions regarding the petition for personal
property tax abatement for future tenants of the Innovation Park at Notre Dame. Mr.
Faccenda stated that it is anticipated that many of the future tenants of the Innovation
Park will be small, start-up technology companies that will be encouraged to move to the
Park from other locations throughout the country. It is also anticipated that some of these
companies will have research and development equipment that they will be bringing with
them. As such companies are searching for different sites throughout the country in
which to locate, it is the desire of the University to provide such companies with the
incentive of an existing tax abatement as a means of motivating such companies to locate
in South Bend. Also, the tax abatement will have the additional benefit of providing
these start-up companies with lower operating costs during the initial phases of their
operations, thereby helping to ensure their success. The Innovation Park does not intent
to serve as a long-term landlord for start-up companies, but instead, to facilitate such
companies to move from a start-up phase to an established business. These companies
will be moved out of the Park when they become better established. When these
companies move out of the Innovation Park, the equipment that they take with them will
no longer be subject to the tax abatement, unless (a) such equipment is relocated to an
economic revitalization area that has been approved by the Common Council, and (b) the
Common Council consents to the relocation of and continued abatement for such
equipment. Mr. Faccenda asked the Council for their favorable consideration.
A Public Hearing was held on the Resolution at this time.
City Clerk John Voorde read into the record a letter from Councilmember Henry Davis,
Jr.:
Hello to all... I am currently in Denver for the DNC. I regret that I cannot be in
attendance for today's meetings but I have a few concerns. After a trip to Notre Dame
Friday with a few other council members I came to understand that Notre Dame's
commitment to our tax base or South Bend’s growth is not clear. A question was asked
about Notre Dame’s commitment to our city and we never got an answer. I hope in the
near future their commitment will be more than volunteer services and a homeless shelter
and we will be able to sit with them to document our true commitment to each other. I
hope that Notre Dame will invest dollars into our city's budget for the fire and police
services that they use on a daily basis.
My heart leads me to vote NO to any tax abatement for Innovation Park. We are on the
brink of cutting well paying jobs for civil servants with families who have small children.
These servants are depended upon by their families to 'bring home the bacon'. Our city
needs a huge financial blessing now and not in 5-10 years. Notre Dame is working on a
$500 million project that appears to be well underway and completely financed. I will not
feel good about giving anyone else a tax abatement with the fear of cutting city services.
Our constituents need to know how they will gain or lose from any of these projects.
28
REGULAR MEETING AUGUST 25, 2008
In no way shape or form am I against Notre Dame or their expansion but I am definitely
PRO-SOUTH BEND! We (South Bend Common Council) need to have a plan in place to
make sure the residual dollars flow into South Bend from this tech park, and giving tax
abatement does not foster that particular growth. A tax abatement will continue to
encourage companies and outsiders not to pay their way unlike the residents that we
serve. A good question to ask... Are people from SOUTH BEND, such as skilled laborers
and local minority contractors, going to have a hand in working to build this beautiful
addition to Notre Dame's campus? Another question to ask... What happens to our
downtown growth and downtown businesses? I understand this project will happen in
South Bend's city limits but what happens to South Bend's core? This project
encompasses Eddy Street Commons and Nano-technology and we as residents of South
Bend are hoping that this project works within the next 15 years. Many of us may not be
here to see it what happens in 15 years if it ever happens. What is South Bend's plan to
increase revenue stream into this city without looking forward to the next great project
that comes thru Notre Dame? What is South Bend's next great project and when was the
last one?
I hope that we as a council look at these tax abatement thoroughly before we continue to
mortgage our children's future away. I hope all goes well with you and look forward to
seeing everyone next week. I am so hyped up about the DNC so I can join in on the chant
of "YES WE CAN!!!" God Bless!
There being no one present wishing to speak to the Council either in favor of or in
opposition to these Resolutions.
Councilmember Dieter made a motion to adopt Bill No. 08-78. Councilmember
LaFountain seconded the motion which carried and the Resolution was adopted by a roll
call vote of eight (8) ayes.
Councilmember Dieter made a motion to adopt Bill No. 08-79. Councilmember White
seconded the motion which carried and the Resolution was adopted by a roll call vote of
eight (8) ayes.
Councilmember Dieter made a motion to adopt Bill No. 08-80. Councilmember Oliver
Davis seconded the motion which carried and the Resolution was adopted by a roll call
vote of eight (8) ayes.
BILLS – FIRST READING
BILL NO. 50-08 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE
FIRST NORTH/SOUTH ALLEY WEST OF DR.
MARTIN LUTHER KING BLVD. FROM W.
WASHINGTON STREET NORTH TO THE
FIRST EAST/WEST ALLEY FOR A DISTANCE
OF 198 FEET, MORE OR LESS, AND A WIDTH
OF 8 FEET, MORE OR LESS. BEING A PART
OF DUNBAR’S SUBDIVISION OF BANK
OUTLOTS 31 AND 32, CITY OF SOUTH BEND,
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA
This bill had first reading. Councilmember Dieter 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 September 8, 2008. Councilmember Oliver Davis seconded the motion
which carried by a voice vote of eight (8) ayes.
29
REGULAR MEETING AUGUST 25, 2008
BILL NO. 51-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, SETTING THE MAXIMUM
ANNUAL SALARY FOR THE CITY CLERK
FOR CALENDAR YEAR 2009
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Personnel & Finance Committee and set it for Public Hearing and Third Reading on
October 13, 2008. Councilmember Dieter seconded the motion which carried by a voice
vote of eight (8) ayes.
BILL NO. 52-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, SETTING THE ANNUAL
SALARY FOR THE MAYOR FOR CALENDAR
YEAR 2009
This bill had first reading. Councilmember LaFountain made a motion to refer this bill to
the Personnel & Finance Committee and set it for Public Hearing and Third Reading on
October 13, 2008. Councilmember Dieter seconded the motion which carried by a voice
vote of eight (8) ayes.
BILL NO. 53-08 FIRST READING ON A BILL FIXING
MAXIMUM SALARIES AND WAGES OF
APPOINTED OFFICERS AND NON-
BARGAINING EMPLOYEES OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE
CALENDAR YEAR 2009
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Personnel & Finance Committee and set it for Public Hearing and Third Reading on
September 8, 2008. Councilmember Dieter seconded the motion which carried by a
voice vote of eight (8) ayes.
BILL NO. 54-08 FIRST READING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
$710,000.00 FROM THE PUBLIC WORKS
SEWER GENERAL OPERATING FUND NO. 641
TO PAY COMPROMISE JUDGMENT
This bill had first reading. Councilmember LaFountain made a motion to refer this bill to
the Public Works and Property Vacation Committee and the Utilities Committee and set
it for Public Hearing and third Reading on September 8, 2008. Councilmember Dieter
seconded the motion which carried by a voice vote of eight (8) ayes.
UNFINISHED BUSINESS
There was no unfinished business to come before the Council at this time.
NEW BUSINESS
There was no new business to come before the Council at this time.
30
REGULAR MEETING AUGUST 25, 2008
PRIVILEGE OF THE FLOOR
Sandy Dreibelbeis, 203 Eckman, South Bend, Indiana, asked three questions for either
the Mayor or the Council to answer. 1. Is it true that it cost more than $116,000 for
police overtime to provide traffic control on home football weekends and that Notre
Dame does not pay for this service? 2. Was $1,000,000 donated to the Kroc Center? 3.
Are taxpayers spending $1.7 million to clean up coal ash at the Eddy Street Commons
site?
Jerry Niezgodski, 2930 Bonds, South Bend, Indiana, asked if the Mayor or Council could
answer his question regarding if the City cuts public safety personnel, would that affect
the City’s bond rating, or if it would cause a homeowner’s insurance premium to rise?
Sharon Howse, 2013 Gertrude, South Bend, Indiana, asked the Mayor and Council:
What is more important than Public Safety and children?
Melisa Machowiak, 56830 Elmer Avenue, South Bend, Indiana, stated that she would
like the Council and Mayor to be more forthcoming regarding the position of the crossing
guards.
ADJOURNMENT
There being no further business to come before the President Timothy Rouse adjourned
the meeting at 9:05 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Timothy Rouse, President
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