11-23-09 Common Council Minutes - Laserfiche WebLink

Home Browse Search

REGULAR MEETINGNOVEMBER 23, 2009 Mr. Rick Brown, General Manager, TRANSPO, 901 Northside Boulevard, South Bend, Indiana, spoke in favor of this bill. He stated that TRANSPO will benefit greatly from the relocation of Ziolkowski Construction. He noted that the new TRANSPO maintenance facility will be built on a part of that property. He also stated that the remaining property will allow for the opening up of new land for Ignition Park to grow. He stated that this is a benefit to the entire community and urged the Council for their positive response for this Special Exception. The following individuals spoke in opposition to the bill. Mr. David Rhoa, Administrative Manager, Jade Elephant Holdings, LLC, 3445 William Richardson Drive, South Bend, Indiana. He stated that as a park member he questioned whether this is an appropriate location for the petitioner. He stated that the rules by which all the park members have constructed and maintained for their facilities have to be bent or broken or abated all together as the request is being made under this Special Exception, he questioned the logic in the petitioner’s selection of the Toll Road Industrial Park for their location. He would like to call the Council’s attention that this request for Special Exception was sent to the Council by the Board of Zoning Appeals without recommendation. He urged the Council to read the minutes from that meeting, it was not a slam dunk and the meeting went back and forth and there were a number of contentious issues regarding this Special Exception and the variances that fall underneath its umbrella. A review of the petitioner’s current facility near Sample Street causes great concern. He stated that the area looks very unkept and when he inquired about code violations he was told that there were no overriding standards by which the property needed to be kept. He stated that he finds that objectionable, if there are no standards then pride in one business’ would ask one’s self to take better care of the property than this. He stated that at the May 2009 meeting of the South Bend Redevelopment Commission, President Marcia Jones was responding to Commission Member Dr. David Varner objection to funding the acquisition of this property. He stated that the minutes reflect Ms. Jones stating that she understands Dr. Varner’s objections, but thinks there are benefits to help off set those concerns. Ziolkowski’s move and making improvements to a new building will generate more taxes then they are currently paying on Sample Street, plus clearing the site on Sample Street looks better for anyone considering moving into Ignition Park. He stated that Ms. Jones sees this as blight and says that it is best to get that out of there. He stated that he has been told repeatedly that Ziolkowski wants to be a good neighbor, but he stated that he has a hard time believing it. He stated that on two occasions he had discussions with Mr. Davey about Ziolkowski not wanting to install an irrigation system on William Richardson Drive, which is the unimproved portion of the property that would be the outside storage. He stated that by his calculations there is going to be 60,000 square feet of newly seeded lawn and 38 newly planted conifers. He asked for someone to please tell him how such landscaping can be maintained with just rain water, it can’t, it simply can’t be done. So that in as much the proposed landscaping, the screening by which the petitioner says is going to make this a good property will simply wither and die and only detract from the value of adjoining properties. He stated that it was mentioned that at previous meetings it was said that Ziolkowski was forced to move, he stated that he was not in attendance at those meetings and cannot speak to those meetings, however, but if someone were to force him to move for $1.8 million dollars he would be glad to do it. He stated that he takes it on faith that the City of South Bend has Properly compensated Ziolkowski for their property on Sample Street. So being forced to move should not even enter into this discussion. He stated that he appreciates the comments made by the General Manager from Transpo, but they simply do not have to live next door to this. He urged the Council to respectively reject this petition for Special Exception and protect the investments of the property owners in the Toll Road Industrial Park. Mr. Bill Hennyfield, owner of a property in the Toll Road Industrial Park located at 4260 Ralph Jones Drive, spoke in opposition to this bill. He stated it sounds like from what he has heard so far tonight is that Ziolkowski was paying $75,000 in taxes and would expect to keep those taxes around that $75,000 a year bracket, taking into consideration some improvements made on the property. He stated that by making outside storage improvements that won’t be assessed at a very high rate. He stated that he is solely 13