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HomeMy WebLinkAbout04/09/07 Council Meeting MinutesREGULAR MEETING APRIL 9, 2007 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, Apri19, 2007 at 7:00 p.m. The meeting was called to order by Council Vice-President Ann Puzzello and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present Derek D. Dieter Charlotte Pfeifer Roland Kelly Ann Puzzello David Varner Al "Buddy" Kirsits Karen L. White 1st District 2nd District 3rd District 4th District Vice-President 5th District At-Large At-Large Chairperson Committee of the Whole Absent: Ervin Kuspa 6th District Timothy Rouse At-Large President OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice L Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMIyIITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the March 26, 2007 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember White made a motion that the minutes of the March 12, 2007 meeting of the Council be accepted and placed on file. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS REGULAR MEETING RESOLUTION NO. 3726-07 APRIL 9, 2007 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING THE 1957 SOUTH BEND CENTRAL BEARS BASKETBALL TEAM ON THE 50TH ANNIVERSARY OF WINNING THE STATE OF INDIANA BOYS HIGH SCHOOL BASKETBALL CHAMPIONSHIP AND FOR BEING RECENTLY INDUCTED INTO THE INDIANA BASKETBALL HALL OF FAME Whereas, the Common Council of the City of South Bend, Indiana, is especially proud to recognize that the 1957 South Bend Central Bears Boys Basketball Team on the 50~` Anniversary of winning the Indiana State Championship and for posting an outstanding winning record of 30-0 that season; and Whereas, many members of the South Bend Common Council recall with great fondness Head Coach Elmer McCall and Assistant Coach Jim Powers preparing a boys basketball team which became "one of the truly dominant teams in the history of Indiana high school basketball tournaments"; and have great memories of the Central Bears defeating the Indianapolis Crispus Attucks High School Bears basketball team, who had won the previous two state championships; with the Central Bears being the victorious team to cut down the nets after winning the 1957 state championship game in the historic Butler Fieldhouse; and Whereas, the Common Council notes that in addition to the legendary 1957 South Bend Central Bears Boys Basketball Team, the Council is also proud to acknowledge Coach John Wooden, who coached basketball, baseball and tennis; and taught English at South Bend Central for nine years; and Whereas, the South Bend Common Council is honored to recall the families and friends of all of the members and coaches of the 1957 South Bend Central Bears Boys Basketball Team, who won the Indiana basketball crown, when there was only one state basketball champion, after teams played each other regardless of their school size, record or classification; with a special acknowledgment of our South Bend Heroes: Denny Bishop LaMar Gemberling Mike Sacchini Bob Clark Mohler Hobbs Joe Winston John Coalmon Herbie Lee Head Coach Elmer McCall Sylvester Coalmon Lee McKnight Assistant Coach Jim Powers Bill Floring Bill Molnar Whereas, the Council further recognizes that the Indiana Basketball Hall of Fame located at One Hall of Fame Court in New Castle, Indiana was founded in Indianapolis in 1970, and moved to New Castle in 1987; and recently honored the South Bend Central Bears Boys Basketball Team by inducting them into the Indiana Basketball Hall of Fame, where the state championship score of South Bend Central 67, Indianapolis Crispus Attucks 55 will always be remembered. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates each and every member of the 1957 SOUTH BEND CENTRAL BEARS BASKETBALL TEAM on the 50~` Anniversary of their 30-0 season; the 50~` anniversary of winning the 1957 Indiana State Boys High School Basketball Championship; and their recent induction into the Indiana Basketball Hall of Fame. REGULAR MEETING APRIL 9, 2007 Section IL The South Bend Common Council believes that the many great and enduring memories of the 1957 SOUTH BEND CENTRAL BEARS BASKETBALL TEAM will live on forever, and that each generation of Hoosiers will recall with pride this special hometown team who were clad in orange and blue. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3~d District s/Ann Puzzello, 4d` District s/Dr. David Varner, Sd` District s/Ervin Kuspa, 6d` District s/Al `Buddy" Kirsits, At Large s/Timothy A. Rouse, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand,Council Attorney Attest: Adopted this 9~` day of April, 2007 John Voorde, City Clerk Stephen J. Luecke, Mayor of South Bend Councilmember Roland Kelly, 1325 E. Wayne Street, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Sylvester Coalmon, Mike Sacchini, Assistant Coach Jim Powers and Head Coach Elmer McCall's daughter. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Ms. Nan Tulchinsky, South Bend Community School Corporation Athletic Director, Mr. Coalmon, Mr. Sacchini, Coach Power's and Coach McCall's daughter thanked the Council for this great honor. Additionally, Councilmembers Dieter, Pfeifer, Puzzello, Varner, White and Kirsits offered comments and congratulated the team members and their families. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. RESOLUTION NO. 3727-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING AND COMMENDING SOUTH BEND CITY ENGINEER CARL P. LITTRELL, P.E. FOR BEING NAMED THE 2007 OUTSTANDING CIVIL ENGINEER OF THE YEAR, AWARDED BY THE INDIANA SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS REGULAR MEETING APRIL 9, 2007 Whereas, the Common Council of the City of South Bend, Indiana, recognizes that the American Society of Civil Engineers (ASCE) was founded in 1852 and represents more than 125,000 members of the civil engineering profession worldwide, and is America's oldest national engineering society; and Whereas, the ASCE strives to position engineers as "global leaders who build a better quality of life" by fostering the development of leadership, advancing technology, advocating lifelong learning and promoting the very best of the civil engineering profession; and Whereas, the Council recognizes that the Indiana Section of the American Society of Civil Engineers was founded in 1932 and quietly works to "shape the history of nations around the world" through developing progressive infrastructure and ensuring the public's health, safety and standards of living; and Whereas, in 1978, the Indiana Section of the American Society of Civil Engineers established the "Outstanding Civil Engineer of the Year Award" which is presented to a member, fellow, or honorary member, who has been nominated from each of Indiana's six branches, who is a registered professional engineer whose activities and contributions to the American Society of Civil Engineers, as well as the engineer's "contributions to the public welfare and the advancement of the Civil Engineering profession", has been selfless and exemplary, with the following individuals having been so honored since 1990: 1990 James L. Lott 1994 Theodore E. Leask 1998 Cecil Lobo 2002 James O. Morley 1991 Ronald F. Wukasch 1995 Clifford E. Seufert 1999 Rollin E. Farrand 2003 James L. McKinney 1992 James A. Wurster 1996 Judith G. Congdon 2000 Richard O. Albright 2004 Michael H. Wenning 1993 Augustine Fredrich 1997 Robert W. Crooks 2001 John E. Fisher 2005 Ward W. Martin 2006 Daniel R. Lawson with the winner of this prestigious award for 2007 being South Bend City Engineer Carl P. Littrell, P.E. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council is especially proud to honor South Bend City Engineer Carl P. Littrell, P.E. for being awarded the 2007 "Outstanding Civil Engineer of the Year Award" by the Indiana Section of the American Society of Civil Engineers. The Council notes that Carl, a graduate of the University of Notre Dame, joined Shilts, Graves & Associates in 1970 and became President of the company in 1974. In 1990, Carl left the company to begin a public service career with the City of South Bend and has served with distinction as City Engineer since 1997. Section IL The Common Council believes that City Engineer Carl P. Littrell is an excellent role model who has brought the highest of honors to himself, his family and friends, the Department of Public Works and all of the residents of the City of South Bend, Indiana. Section III. The South Bend Common Council wishes City Engineer Carl P. Littrell continued good fortune and success for many years to come. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, 1 gc District s/Ervin Kuspa, 6d` District s/Charlotte D. Pfeifer, 2nd District s/Al `Buddy" Kirsits, At Large s/Roland Kelly, 3~d District s/Timothy A. Rouse, At Large s/Ann Puzzello, 4d` District s/Karen L. White, At Large s/Dr. David Varner, Sd` District REGULAR MEETING APRIL 9, 2007 s/Kathleen Cekanski-Farrand,Council Attorney Attest: Adopted this 9~` day of April, 2007 John Voorde, City Clerk Stephen J. Luecke, Mayor of South Bend Councilmember Ann Puzzello, 1247 E. LaSalle, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Mr. Gilot. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Mr. Gilot thanked the Council for this honor. He stated that it was a privilege and an honor to be recognized with such outstanding people. Additionally, Councilmembers Dieter, Pfeifer, Kelly, Varner and Kirsits offered comments and thanked Gary for bringing his expertise to the City of South Bend. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:37 p.m. Councilmember Kelly made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS. BILL NO. 9-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 1,500 FEET NORTH TO THE INTERSECTION OF LINCOLNWAY WEST AND THE WEST SIDE OF KNOBLOCK STREET AND THE EAST SIDE OF MAPLEWOOD AVENUE, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember 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 as substituted. (Already accepted as a substitute) Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11~` Floor County-City Building, South Bend, Indiana, presented the report from the Commission. REGULAR MEETING APRIL 9, 2007 Mr. Lyons advised that the petitioner is requesting a zone change form SF1 Single Family and Two Family District. To the north is the current Stanz Food Service, Inc. zoned LI Light Industrial District. To the east across Knoblock Street are homes zoned SF1 Single Family and Two Family District. To the south across Voorde Drive are wooded lots zoned SF1 Single Family and Two Family District. The circular building to the west is zoned LI Light Industrial District. It will be removed if the rezoning is approved. The LI Light Industrial District is established to provide for development of office/warehouse, warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate heavy traffic, require extensive community facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. The site is approximately three acres. There is a proposed 42,500 square feet expansion of the existing building which includes an office, connector corridor and freezer. The freezer part will be approximately 30,000 square feet. At the northwest corner of Knoblock Street and Voorde Drive, two future expansions are shown with areas of 36,300 square feet each. There are three access points to the site: two acces points on Commerce Drive and once access point on Progress Drive. There is no access point on Knoblock Street. There are 141 parking spaces provided. Type C landscaping is required along the southeast corner to buffer the adjacent residentially zoned properties. Type C landscaping is four evergreen trees every 30 feet, staggered in a double row. Progress Drive, Commerce Drive, and Knoblock Street have two lanes. Voorde Drive has been extended, connecting Commerce Drive and Sheridan Avenue. The vacation of portions of Maplewood Avenue and Knoblock north of Voorde Drive have been passed by the Common Council. The site will be served by municipal sewer and water. The City of South Bend, City Plan adopted in November 2006, states Economic Development Policy ED 2.3 to created opportunities for manufacturing companies to locate in the community. The rezoning is consistent with the City Plan economic policy. The land use plan City of South Bend, City Plan adopted in November 2006, stated the future land use map recommends this area for light industrial use. The rezoning is consistent with the City Plan future land use map. The site is currently wooded. The most desirable use for this site would be light industrial. The surrounding residential property values may not be conserved with the rezoning will be landscaped buffering and no access point on Knoblock Street. It is responsible development and growth to allow the logical expansion of an existing light industrial business in conformance with an adopted land use plan. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The rezoning is consistent with the City Plan Future Land Use Map, which recommends the area for light industrial It will extend an existing LI Light Industrial District. The single family homes to the east will be buffered by required landscaping and no access to the industrial site from Knoblock Street. Mr. David Rafinski, Wightman Petrie, 713 S. Scott Street, South Bend, Indiana, stated that he is representing the petitioner Stanz Food Service. Mr. Rafinski advised that Stanz Food Service has entered into a contract to purchase Lots 28, 29, 30, and 31 as well as Lot 21 of Post Place Subdivision. Lots 28 through 31 are the parcels that Stantz is putting together in order to allow the expansion of operation of their food services, and to allow them to remain where there are today and be a functional operation for the future. 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 Council either in favor of or in opposition to this bill, Councihnember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. REGULAR MEETING APRIL 9, 2007 BILL NO. 10-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1914 MIAMI STREET, COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made a motion to continue this bill until the May 14, 2007, meeting of the Council, at the request of the petitioner. Council member Dieter seconded the motion which carried. BILL NO. 11-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF IRELAND ROAD & LAFAYETTE BLVD., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11~` Floor County-City Building, South Bend, Indiana, presented the report from the Commission. Mr. Lyons advised that the petitioner is requesting a zone change from SF1 Single Family and Two Family District to CB Community Business District to allow amulti- tenant retail facility. On site is a single family home zoned SF1 Single Family and Two Family Residential District. To the north is an industrial business zoned GI General Industrial District. To the east are single family homes zoned SF2 Single Family and Two Family District. To the south are commercial businesses zoned CB Community Business District. To the immediate west is undeveloped property zoned SF1 Single Family and Two Family District and further west is an industrial business zoned GI General Industrial District. The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The site is approximately 1.4 acres. A proposed one story 10,000 square foot multi-tenant building will cover 15% of the site. Parking and pavement covers 62% of the site. The remaining 23% of the site will consist of open space. Sixty- nine 969) parking spaces are provided for the development. The site has two access points off of Lafayette Boulevard. The current trend in the area is towards commercial development. Immediately south across Ireland Road is the new Erskine Common s where Wal-Mart and Lowes have just been built. Ireland Rod has four lanes. Lafayette Boulevard has two lanes. The City of South Bend City Plan adopted November 2006, Economic Policy ED 4.2: encourages the formation of regional clusters of companies and institutions. The rezoning is consistent with City Plan's economic policy. Goa12 Objective C. Policy x: South Bend will cluster future commercial development in commercial activity centers along major transportation arteries. Strip commercial development will no longer be an acceptable development option. The Land Use Plan recommends this general area for commercial and industrial development. The rezoning is consistent with City Plans Future Land Use Map. The site currently contains a single family home zoned SF1 Single Family and Two Family Residential District. The area is commercial and industrial in character. The remaining single family homes to the east are also planned for commercial development. The most desirable use for this property is commercial and office. The surrounding property values may be conserved. It is responsible development and growth to allow the growth of commercial centers. Based on information available prior to the public hearing, the staff recommends that the REGULAR MEETING APRIL 9, 2007 petition be sent to the Common Council with a favorable recommendation. The rezoning is taking place in a developing commercial area. The homes to the east across Lafayette Boulevard are also planned for commercial development. The Commission sends this bill to the Common Council with a favorable recommendation. Mr. Mike Danch, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill. Mr. Danch advised that the property sought to be rezoned is located at the northwest corner of Ireland Road and Lafayette Blvd., South Bend, Indiana. The petitioner is requesting a zone change from "SF1" Single Family and Two Family District to "CB" Community Business District to allow for amulti-tenant retail facility. 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 Council either in favor of or in opposition to this bill, Councilmember Kirsits made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Pfeifer made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:50 p.m. Council Vice-President Ann Puzzello presided with seven (7) members present. BILLS -THIRD READING ORDINANCE NO. 9747-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 1,500 FEET NORTH TO THE INTERSECTION OF LINCOLNWAY WEST AND THE WEST SIDE OF KNOBLOCK STREET AND THE EAST SIDE OF MAPLEWOOD AVENUE, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING APRIL 9, 2007 This bill had third reading. Councilmember Varner made a motion to consider the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9748-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF IRELAND ROAD & LAFAYETTE BLVD., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. This bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS RESOLUTION NO. 3728-07 A RESOLUTION OF TE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT THE 1700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to LC. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION L The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (The 1700 Block of Burdette Street, South Bend, Indiana) in order to permit: REGULAR MEETING APRIL 9, 2007 The Approval of a Special Exception to allow for Single-family residential dwellings for the 1700 Block of Burdette Street, South Bend, Indiana per Section 21-02.03 (D) of the City of South Bend Zoning Ordinance. SECTION IL Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be 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 Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Don Fozo, Building Commission, St Joseph County, 125 S. Lafayette Blvd, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioner is seeking a Special Exception to allow single family attached dwellings on individual lots in "MF1"Urban Corridor Multifamily District. The Board of Zoning Appeal held a public hearing on March 15, 2007 and sends this bill to the Council with a favorable recommendation. Mr. Mike Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the owner John C. Roy. Mr. Danch advised that the petitioner is seeking a special exception use for their property located in the 1700 block of Burdette Street, South Bend, Indiana. The special exception will allow the construction ofsingle-family attached town homes on individual lots on property located in a `°'MF1" Urban Corridor Multifamily District zoning classification. 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, Councihnember Kirsits made a motion to adopt this 10 REGULAR MEETING APRIL 9, 2007 Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 07-25 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (6) SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY BILL NO. 07-26 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY Councilmember White made a motion to combine these bills for the purpose of Public Hearing. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 3729-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (6) SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY 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 Odyssian Technology, South Bend, Indiana, and which is more particularly described as follows: Mid Pt 83 Ex 3' x 84.75' SW Cor OP Lowell; W 38.25' of E 80.25' Lot 84 W 38.25' of E 80.5' S 16.5' Lot 83 OP Lowell; 42' E End Lot 84 x 42' E End 1 Rd Side Lot 83 OP Lowell 11 REGULAR MEETING APRIL 9, 2007 and which has Key Numbers 18-5005-0116; 18-5005-0118 and 18-5005-0119, as an Economic Revitalization Area, and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby confums its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION IL The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (6) six years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council RESOLUTION NO. 3730-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 511 EAST COLFAX AVENUE AND 210 NORTH NILES AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ODYSSIAN TECHNOLOGY 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 (COMPANY ADDRESS) South Bend, Indiana, and which is more particularly described as follows: 12 REGULAR MEETING APRIL 9, 2007 Mid Pt 83 Ex 3' x 84.75' SW Cor OP Lowell; W 38.25' of E 80.25' Lot 84 W 38.25' of E 80.5' S 16.5' Lot 83 OP Lowell; 42' E End Lot 84 x 42' E End 1 Rd Side Lot 83 OP Lowell and which has Key Numbers 18-5005-0116; 18-5005-0118 and 18-5005-0119, as an Economic Revitalization Area, and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby confums 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 IL The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five 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 sec . 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. Councilmember White made a motion to combine these bills for the purpose of Public Hearing. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. s/Timothy A. Rouse Member of the Common Council Ms. Debbie Hauguel, 51798 Meadow Wood Ct., South Bend, Indiana, made the presentation for this bill. Ms. Hauguel advised that Odyssian Technology is a high technology company focused on technology innovation and creative product development related to advanced lightweight composites, multifunctional structure, smart structure, and integrated systems and is involved in developing technology products for both military and consumer marketplace. Ms. Hauguel further advised that Odyssian Technology is purchasing two buildings in the East Bank Development Area (EBDA). Plans are to renovate the 2,800 square foot Colfax Avenue Building by making a new entry, adding windows, redesigning the office space, adding a kitchen break room, conference room, engineering center and restrooms that are handicap accessible. The facade will be reworked by adding windows, new doors, lighting, landscaping, and paving the parking area. The empty lot will be redeveloped into a courtyard with awrought-iron gate and a few parking spaces. Security and perimeter lighting will be added. The facility will be setup with state of the art IT capabilities. The Niles Avenue facility has 2,588 square feet and 13 REGULAR MEETING APRIL 9, 2007 will be renovated by replacing doors and windows, power washing and painting, replacing the roof, resurfacing floors, adding security and lighting, renovating the bathroom and adding utilities as needed to support a research and development laboratory. The revised real estate petition increases the length of the abatement to six years and the personal property petition reduces the estimated cost of the equipment to $147,800. A Public Hearing was held on these Resolutions at this time. There was 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. 07-25. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. Councilmember White made a motion to adopt Bill No. 07-26. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 07-53 A RESOLUTION OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1329 SOUTH 32ND STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE- YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAN GOLLER Councilmember Pfeifer made a motion to continue this bill until the Apri123, 2007 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 07-54 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 103 CARLISLE STREET, VACANT LOT ADJACENT TO 1219 COLFAX AVENUE, VACANT LOTS TO 111 AND 116 WALNUT STREET AND A VACANT LOT ADJACENT TO 1232 JEFFERSON BLVD AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY 14 REGULAR MEETING APRIL 9, 2007 BILL NO. 07-55 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 1022 WEST JEFFERSON, 1216 WEST JEFFERSON, 1342 BISSELL, AND A VACANT LOT AT 1338 BISSELL AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR Ht.JMANITY Councilmember Pfeifer made a motion to amend Bill No. 07-54, by deleting one of the lots, specifically, a vacant lot adjacent to 1232 Jefferson Blvd. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember White made a motion to combine these bills for the purpose of Public Hearing. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 3731-07 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 103 CARLISLE STREET, VACANT LOT ADJACENT TO 1219 COLFAX AVENUE, VACANT LOTS TO 111 AND 116 WALNUT STREET AND A VACANT LOT ADJACENT TO 1232 JEFFERSON BLVD AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY 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 103 Carlisle Street, vacant lot adjacent to 1219 Colfax Avenue and vacant lots adjacent to 111 and 116 Walnut Street, South Bend, Indiana, and which is more particularly described as follows: Lot 124 except Southwest Corner for Street, Oak Grove; Lot 79 Commissioners subdivision of Bank Outlot 79; Lot 9 John K Fowler 2nd Subdivision of Bank Outlot 85 & 86; Lot 6 John C. Knoblock Subdivision of Bank Outlot 84 North of Rail Road. and this property has Tax Key Numbers 18-2021-0651, 18-1044-1885, 18-3072-2843 and 18-3075-2993, 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 sec., and South Bend Municipal Code Sections 2-76, et sec., and has further prepared maps and plats showing the boundaries and such other 15 REGULAR MEETING APRIL 9, 2007 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 IL The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits 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 16 REGULAR MEETING APRIL 9, 2007 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 VL 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. 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 RESOLUTION NO. 3732-07 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 1022 WEST JEFFERSON, 1216 WEST JEFFERSON, 1342 BISSELL, AND A VACANT LOT AT 1338 BISSELL AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR Ht.JMANITY 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 1022 West Jefferson, 1216 West Jefferson, 1342 Bissell, and a vacant lot at 1338 Bissell, South Bend, Indiana, and which is more particularly described as follows: Lot 22 John K Fowlers 2nd Subdivision of Bank Outlot 85 & 86; 40 '/4 Feet South Side Jefferson Blvd Beginning on East Line Bank Outlot 89; Lot 79 and N '/z Vac Alley S &Adj Park Pl 2nd Add 99-00 Vac Ord #8944-98; Lot 80 and B '/z Vac Alley S &Adj Park P1 2nd Add 99-00 Vac Ord # 8944-98 and this property has Tax Key Number 18-3068-2623, 18-3072-2861, 18-5086-3062, and 18-5086-3061 be designated as a Residentially Distressed Area under the provisions of 17 REGULAR MEETING APRIL 9, 2007 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 sec., and South Bend Municipal Code Sections 2-76, et sec., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as 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 IL The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits 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. 18 REGULAR MEETING APRIL 9, 2007 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 VL 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. 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 Violet Blosser, Habitat for Humanity, 402 E. South Street, South Bend, Indiana, made the presentation for these bills. Ms. Blosser advised that on Bill No. 07-54, Habitat for Humanity intends to construct five (5), single family homes with volunteer labor and donated materials to build the homes. Two types of home will be constructed. One style will feature a three bedroom, one bath, 1,120 square feet, built on a four-foot crawlspace or full basement. The other style that will be constructed is a 1,344 square foot, four bedroom, and two-bath home also built on a four foot crawlspace or a full basement. The estimated cost of the homes is $65,000.00. A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Pfeifer made a motion to adopt Bill No. 07-54, as amended. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 19 REGULAR MEETING APRIL 9, 2007 Councilmember White made a motion to adopt Bill No. 07-55. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3733-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2007 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on March 23, 2007 the City Business Licensing Auditor provided written notice to the City Clerk that the following businesses had been approved for Scrap Metal Dealer, Junk Dealer, Valuable Metal Dealer and Recycling Operations Licenses for the 2007 licensing year; and Steve & Gene's LLC 3109 Gerkrude St. South Bend, IN 46614 WHEREAS, the license application for the above-referenced business received favorable recommendations from the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section L The license application for the following business is approved in conformity with South Bend Municipal code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Business Licensing Auditor's communication to the City Clerk date March 23, 2007: Steve & Gene's LLC 3109 Gerkrude St. South Bend, IN 46614 Section IL This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. 20 REGULAR MEETING APRIL 9, 2007 Mr. Charles Clark, License Auditor, City of South Bend, Department of Administration and Finance made the presentation for this bill. Mr. Clark advised that in accordance with the procedure for the renewal of City Business/Occupational licenses for the operation of Scrap MetaUJunk Dealers/Recycling Operations, a renewal application for Steve & Gene's LLC was submitted to the Police Department, Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building Department. The property was inspected for Fire Code violations, environmental violations, proper maintenance of the premises and areas outside the fences, and the height and condition of the surrounding fencing. The application received favorable recommendations from all departments. A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Varner made a motion to adopt this resolution. Councilmember Dieter seconded the motion which carried by a roll call vote of seven (7) ayes. BILLS -FIRST READING BILL NO. 18-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1237 OAKLAND, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 19-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 6, THE GENEVA HAMILTON TRUST, CLIFFORD HAMILTON, POA, NORTHEAST CORNER OF PULLING STREET AND US 31 SOUTH This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 20-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 1, DIVISION 1 OF THE SOUTH 21 REGULAR MEETING APRIL 9, 2007 BEND MUNICIPAL CODE, ADDRESSING THE "YOUTH ADVISORY COUNCIL" This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community Relations Committee and set it for Public Hearing and Third Reading on Apri123, 2007. Councilmember Pfeifer seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 21-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: ARTICLE 2, RESIDENTIAL DISTRICTS, TO ADD CORNER LOT SETBACK REQUIREMENTS IN THE SF1 DISTRICT; TO CLARIFY THE NUMBER OF VEHICLES PERMITTED IN A GARAGE; TO PROHIBIT SECURITY- STYLE FENCING WITH CERTAIN EXCEPTIONS: ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS, TO REMOVE REFERENCES TO INTEGRATED CENTERS IN THE OB OFFICE BUFFER DISTRICT; TO ADD REQUIREMENTS FOR ACCESSORY BUILDINGS; TO ALLOW AMUSEMENT ARCADE AS A SPECIAL EXCEPTION USE; TO MODIFY SIDE YARD SETBACK REQUIREMENTS; TO CLARIFY SETBACK REQUIREMENTS FOR SECURITY-STYLE FENCING; ARTICLE 4 INDUSTRIAL DISTRICTS, TO ADD ADDITIONAL OFFICE USES AS PERMITTED USES; TO ADD AMUSEMENT CENTERS AND PARKS AS A SPECIAL EXCEPTION USE; ARTICLE 7 SIGN REGULATIONS, TO REMOVE INTEGRATED CENTER SIGNS FROM THE OB DISTRICT; ARTICLE 8 SPECIAL REGULATIONS FOR CONTROLLED USES, TO MODIFY REGULATIONS CONCERNING DISTANCES BETWEEN CONTROLLED USES AND PERMITTED USES; ARTICLE 11, DEFINITIONS, TO MODIFY DEFINITIONS FOR AMUSEMENT CENTER, AMUSEMENT ARCADE AND ADD A DEFINITION FOR AMUSEMENT PARK This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. 22 REGULAR MEETING APRIL 9, 2007 UNFINISHED BUSINESS BILL NO. 34-OS AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3400 BLOCK OF NORTHSIDE BOULEVARD, SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT #3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set if for Public Hearing and Third Reading on Apri123, 2007, at the request of the petitioner. Councilmember Pfeifer seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS Councilmember Kirsits noted the Retirement announcement of Fire Chief Luther Taylor on April 13, 2007. There will be an open house at the Central Fire Station, 1222 S. Michigan Street, South Bend, Indiana, from 11:30 a.m. unti13:00 p.m. Councilmember Kirsits encourage everyone to attend. Councilmember White stated that she will be chairing the Health and Public Safety Committee on Wednesday, April 18, 2007, at 3:30 p.m. in the Council Chambers, 4~` Floor County-City Building, South Bend, Indiana, to discuss Bill No. 17-07, Amending the Municipal Code Chapter 14, Inclusion of New Article 8 Entitled Residential Lawn Parking Regulations. Councilmember Pfeifer advised that the Property Owners/Tenants Committee meets on the lgt Monday of every month from 6:30 p.m. to 8:00 p.m., at the Minority Health Coalition Office, located at the LaSalle Square Plaza. Councilmember Pfeifer also stated that the building located at the southeast corner of Walnut and Western has been properly boarded up. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ADJOURNMENT There being no further business to come before the Council, Vice-President Puzzello adjourned the meeting at 8:17 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 23