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HomeMy WebLinkAbout05/29/07 Council Meeting MinutesREGULAR MEETING MAY 29, 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, May 29, 2007 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 Ann Puzzello Ervin Kuspa David Varner Timothy Rouse Karen L. White Absent: Charlotte Pfeifer Al "Buddy" Kirsits Deceased: Roland Kelly 1st District 4th District Vice-President 6th District 5th District At-Large President At-Large Chairperson Committee of the Whole 2nd District At-Large 3rd District 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-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the May 14, 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 Puzzello made a motion that the minutes of the May 14, 2007 meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. SPECIAL BUSINESS RESOLUTION NO. 3752-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING, HONORING AND REMEMBERING FOREVER THE LIFE AND EXEMPLARY LAW ENFORCEMENT CAREER OF CORPORAL NICK S. POLIZZOTTO, PIN 2024 REGULAR MEETING MAY 29, 2007 Whereas, the Common Council of the City of South Bend, Indiana, recognizes that more than 800,000 sworn law enforcement officers are currently serving throughout the United States of America and are daily protecting lives and properties on a 24/7 basis; and Whereas, Corporal Nick S. Polizzotto, PIN 2024, of the South Bend Police Department was one of these dedicated and loyal law enforcement professionals who devoted his life and his outstanding police career in the pursuit of fostering public safety throughout our entire community; and Whereas, the South Bend Common Council proudly recognizes that Nick Polizzotto was born in South Bend on the 19d` day of October, 1972; graduated in 1991 from LaSalle High School where he was a 4-year member of the Lions Golf Team and a member of the Lions Tennis Team; received his Bachelor's Degree in Criminal Justice from Indiana University in Bloomington, Indiana in 1995; and was sworn in as a member of the South Bend Police Department on September 17, 1997; and Whereas, during Corporal Polizzotto's nine-year stellar career of dedicated public service on the South Bend Police Department, Corporal Polizzotto distinguished himself as a member of the Uniform Patrol Division, working primarily on the Midnight Detail, where he earned eighteen (18) commendations for exemplary public service and was named the "Officer of the Month" in February of 2006 which reflects his boyhood desire to be the best police officer ever by dedicating his life to doing selfless acts of serving and protecting others, which is truly one of the highest callings of patriotic service in our country. Now, Therefore, be it resolved, by the Common Council 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 publicly commends, honors and will remember forever, the life of CORPORAL NICK S. POLIZZOTTO OF THE SOUTH BEND POLICE DEPARTMENT, PIN 2024, ahighly-decorated, dedicated and extraordinary Police Officer for his exemplary nine-year law enforcement career who epitomized the very best of law enforcement officers in America. Section IL The South Bend Common Council recognizes that words cannot capture the heartfelt expressions of thanks which it wishes to convey, especially to the entire Polizzotto Family; Nick's friends and his fellow officers on the South Bend Police Department, as the Council humbly and publicly salutes CORPORAL NICK S. POLIZZOTTO, a fallen Police Hero, who faithfully served as part of the "Thin Blue Line" standing between the lawful and the lawless; who will forever be remembered for his valor, courage, dedication and his ultimate sacrifice, so that others would be safe. 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, 4a` District s/Dr. David Varner, Sd` District s/Ervin Kuspa, 6d` District s/Al "Buddy" Kirsits s/Timothy A. Rouse, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: Adopted 31st this day of May, 2007. s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend REGULAR MEETING MAY 29, 2007 Councilmember Derek D. Dieter, 4903 Starboard Drive, 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 Thomas Fautz, Chief of Police, South Bend, Indiana. A Public Hearing was held on the Resolution at this time. Thomas Fautz, Chief of Police, South Bend, Indiana, thanked the Council for this Resolution. Chief Fautz stated that Cpl. Polizzotto was ahighly-decorated and dedicated Police Officer who will forever be remembered for his valor, courage and his ultimate sacrifice, so that others would be safe. Sgt. Walsh, South Bend Police Department, spoke on behalf of Scott Ruszkowski, President, Fraternal Order of Police #36, who apologized for not being able to attend tonight's Council Meeting. Scott advised that he is writing this letter on behalf of all the fellow brother and sister officers of FOP Lodge #36 and thanked the Council for this honor and for remembering the life and exemplary law enforcement career of Cpl. Nick Polizzotto. Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. RESOLUTION NO. 3753-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISIONS OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP, DOUGLAS ROAD ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 2.166 acres of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 14.6% contiguous, generally located at the Northeast corner of State Road 23 and Douglas Road. It is anticipated that the annexation area will be developed for office-retail buildings and a parking lot. This development will require a basic level of municipal public services of anon-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non- capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective REGULAR MEETING MAY 29, 2007 date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the City of South Bend Board of Public Works and Board of Public Safety have each approved a written fiscal plan and established a policy which the Common Council finds to be appropriate and in the best interests of the City and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section L It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana, be annexed to the City of South Bend: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29 AND A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, ALL IN TOWNSHIP 38 NORTH, RANGE 3 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, ALSO BEING THE SOUTHEAST CORNER OF PARCEL II AS DESCRIBED IN INSTRUMENT NUMBER 8518872, RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, A DISTANCE OF 40.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF DOUGLAS ROAD AS DEDICATED PER DUGDALE ACRES 2ND ADDITION, RECORDED IN PLAT BOOK 18, PAGE D-1 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF DOUGLAS ROAD, A DISTANCE OF 585.11 FEET TO A NORTHWEST CORNER OF LOT 16 IN SAID DUGDALE ACRES 2ND ADDITION; THENCE SOUTH 50 DEGREES 12 MINUTES 28 SECONDS WEST, A DISTANCE OF 48.47 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STATE ROAD 23: THENCE NORTH 34 DEGREES 02 MINUTES 35 SECONDS EAST, ALONG THE EAST RIGHT OF WAY LINE OF STATE ROAD 23, A DISTANCE OF 153.49 FEET TO THE SOUTHWEST CORNER OF LOT A OF STANDARD FEDERAL BANK REPEAT AS RECORDED UNDER INSTRUMENT NUMBER 9432933 IN THE OFFICE OF SAID RECORDER; THENCE THE NEXT TWO COURSES ALONG THE NORTH RIGHT OF WAY OF DOUGLAS ROAD AS SHOWN ON SAID STANDARD FEDERAL BANK REPEAT: (1) SOUTH 39 DEGREES 41 MINUTES 06 SECONDS EAST, A DISTANCE OF 19.98 FEET; (2) THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS EAST, A DISTANCE OF 223.10 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN SAID STANDARD FEDERAL BANK REPEAT, ALSO BEING ON THE WEST LINE OF PROPERTY AS DESCRIBED IN DEED RECORD BOOK 845, PAGE 458, RECORDED IN THE OFFICE OF SAID REGULAR MEETING MAY 29, 2007 RECORDER; THENCE NORTH ALONG THE COMMON LINE OF DEED RECORD BOOK 845, PAGE 458 AND STANDARD FEDERAL BANK REPEAT, A DISTANCE OF 160.00 FEET TO THE NORTH LINE OF PROPERTIES DESCRIBED IN INSTRUMENT NUMBER 8518872 AND DEED RECORD BOOK 845, PAGE 458; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS EAST, ALONG SAID NORTH PROPERTY LINES, PARALLEL WITH THE SOUTH LINE OF SECTION 29, A DISTANCE OF 300.00 FEET TO THE EAST LINE OF PARCEL II AS DESCRIBED IN INSTRUMENT NUMBER 8518872, SAID LINE ALSO BEING THE WEST LINE OF ECLIPSE DOUGLAS ROAD MINOR SUBDIVISION, RECORDED AS INSTRUMENT NUMBER 0525591 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH ALONG THE COMMON LINE OF INSTRUMENT NUMBER 8518872 AND 0525591, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. Section IL That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of anon-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the South Bend Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer network and water main are available to service this area with any extensions for future development to be paid by the developer; that street lighting, parking, sidewalks, and similar improvements, together with a drainage plan will be constructed by the developer and paid out of a contemplated TIF fund or paid by the developer if a TIF District cannot be established; and that an expansion of Douglas Road is planned to be paid from public funds. Section IV. It is required as a condition of annexation that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality. It is required that the annexation area integrate harmoniously with the surrounding residential areas to the north In consideration of pedestrian safety and proper vehicular movement, it is further required as a condition of rezoning and annexation that the developer give very careful consideration to vehicular access and circulation as well as pedestrian movement for the development within the annexation area. All screening, sidewalks, signage and vehicular access shall conform to the latest City of South Bend standards and ordinances. Building plans and other information to satisfy these requirements must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City's repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. REGULAR MEETING Adopted the 31 gc day of ,2007. MAY 29, 2007 s/Timothy A. Rouse Member of the Common Council Councilmember Kuspa, Vice Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with no recommendation. Mr. Jeff Vitton, Planner, Community and Economic Development, 1200 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana made the presentation for this resolution. Mr. Vitton advised that this bill proposes to voluntarily annex contiguous territory in Centre Township to the City of South Bend. The resolution indicates the approval and adoption by the Common Council of the written plan and policy attached thereto concerning the provision of services, both capital and non-capital in nature, to the territory to be annexed. This Annexation is a 2.166 acre parcel generally located at the northeast corner of State Road 23 South and Douglas Road. Public improvements are planned for this area and it is anticipated that they will be completed at the expense of the developer and a TIF fund. Mr. Vitton noted that on page 9 of the fiscal plan that additional development criteria is being required in the context of City Plan and have been satisfied in anticipation of this resolution. 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. Councilmember Varner made a motion to adopt this Resolution. Councilmember Puzzello seconded the motion which carried by a roll vote of six (6) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:20 p.m. Councilmember Kuspa made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) 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- ll 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. 15-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, DOUGLAS ROAD PARTNERS, L.P., 17253 & 17295 DOUGLAS ROAD, SOUTH BEND, INDIANA REGULAR MEETING MAY 29, 2007 Councilmember Kuspa, Vice-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 no recommendation. Mr. Robert Nemeth, Staff Planner, Area Plan Commission, ll~ Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the Petitioner is requesting a zone change from R Single Family District (County) to CB Community Business District (City) to allow uses allowed in the CB Community Business district. On site are two single family houses zoned R Single Family District. To the north is a single family house zoned R Single Family District and a parking lot for a financial institution zoned C Commercial in unincorporated St. Joseph County. To the east is the Medical Home Care services facility zoned CB Community Business in the City. To the south across Douglas Road are single family houses zoned R Single Family District in unincorporated St. Joseph County. To the west is a fmancial institution zoned C Commercial in unincorporated St. Joseph County. 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 1.38 acres. Buildings will cover approximately 10% of the site. Parking and pavement will cover an additional 15% of the site. The remaining 75% of the site will consist of open space. Twenty (20) parking spaces are provided. The site will have one access point off of Douglas Road. The current land use trend in the area is commercial, office, and institutional uses, with residential to the south along State Road 23. Douglas Road has two lanes, with a planned expansion to four lanes. Upon redevelopment the site will connect to municipal sewer and water. The rezoning is consistent with the Comprehensive Plans economic policy. The future land use map identifies this area as a Regional Commercial Node. The rezoning is consistent with the Future Land Use Map. The site currently residential. The area on the north side of Douglas is commercial or office in character. The area on the south side of Douglas is residential in character. The most desirable use for this site is commercial or office. Surrounding residential property values immediately to the south across Douglas Road may not be conserved with the rezoning. It is responsible development and growth to allow the expansion of growing commercial centers at the intersection of major arterials in conformance with an adopted 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. City Plan identifies the Douglas Road/State Rd 23 intersection as a Regional Commercial Node. A Regional Commercial Node is defined as a large-scale commercial area that serves a large, metropolitan area and are regional draws. The city is anticipating the widening of Douglas Road to be complete in 2007 to accommodate the increased traffic. The proposed land uses are compatible with the commercial uses to the west on the corner of Douglas Road and State Road 23, as well as the office building to the east and the Foundation Center to the west of State Road 23. Mr. Derek Spier, ALC.P., Abonmarche consultants, L.L.C., 750 Lincoln Way East, South Bend, Indiana, made the presentation on behalf of the petitioners Walter A. & Sophie A. Rhodes and Ronald J. Pecsi & Mary K Pecsi and Holladay Properties, Inc. Mr. Spier advised that this is a voluntary annexation and zoning of 1.653 acres +/- located in Clay Township, St. Joseph County, Indiana. The property sought to be annexed and rezoned is located at 17253 & 17295 Douglas Road, South Bend, Indiana. The property is currently single-family residential in the County and after the annexation and rezoning will be classified "CB" Community Business, City, to allow for an office, however the specific use is yet to be determined. The anticipated "build-out" year for the project is 2008-2009. REGULAR MEETING MAY 29, 2007 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 Puzzello 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 six (6) ayes. 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 Rouse made a motion to continue this bill until the June 11, 2007 meeting of the Council at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 27-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $225,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 TO SUPPORT THE SERVICES OF DOWNTOWN SOUTH BEND, INC. Councilmember Rouse made a motion to continue this bill until the June 11, 2007 meeting of the Council at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 28-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $100,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND Councilmember Dieter, Chairperson, Community & Economic Development 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. Ms. Beth Leonard, Director, Financial & Program Management, Community & Economic Development, 1200 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation on this bill. Ms. Leonard advised that this bill would allow for the appropriation of $100,000 of Urban Development Action Grant reimbursement funds for Predevelopment costs for pending development projects within the City. As discussed earlier, predevelopment REGULAR MEETING MAY 29, 2007 costs include items such as: market studies, appraisals, preliminary site plans, surveys, title work, environmental studies, etc., which are necessary to determine the feasibility of a project and determine whether it can or should proceed. 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 Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kuspa seconded the motion which carried by a voice vote of six (6) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) 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 7:30 p.m. Council President Tim Rouse presided with six (6) members present. BILLS -THIRD READING ORDINANCE NO. 9757-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $100,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND This bill had third reading. Councihnember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. This bill passed by a roll call vote of six (6) ayes. RESOLUTIONS REGULAR MEETING MAY 29, 2007 RESOLUTION NO. 3754-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 60971 U.S. 31 SOUTH AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR MR. RANJAN J. AMIN 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 60971 U.S. 31 South, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being a part of the Southeast Quarter (1/4) of Section Thirty-Five (35), and a part of the Southwest Quarter (1/4) of Section Thirty-Six (36), all in Township Thirty-Seven (37) North, Range Two (2) East, Centre Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at a point on the east line of said Southeast Quarter, a distance of 406.54 feet North 0 degrees 00 minutes 00 seconds East of the Southeast corner of said Southeast Quarter; thence South 13 degrees 35 minutes 03 seconds East, along the westerly right-of--way of Main Street, a distance of 153.90 feet to its intersection with the westerly right-of--way line of U.S. Highway #31; thence South 17 degrees 09 minutes 11 seconds West, along said U.S. #31 right-of--way line, a distance of 133.80 feet to an iron stake found in place; thence North 89 degrees 19 minutes 49 seconds West, parallel with the south line of said Southeast Quarter, a distance of 501.70 feet to an iron stake found in place and being on a point of the east line of a tract of land conveyed to Raymond K. Snyder and Anna J. Snyder in Deed Record 315, page 175; thence North 0 degrees 27 minutes 06 seconds West, a distance of 274.67 feet to an iron stake found in place; thence South 89 degrees 39 minutes OS seconds East, a distance of 507.23 feet to the place of beginning. Commonly known as 60971 U. S. 31 South, South Bend, Indiana, and which has Key Number 01-1017-0368, as an Economic Revitalization Area, and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and 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 confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and 10 REGULAR MEETING MAY 29, 2007 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 (3) three years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Bernard Feeney, Registered Land Surveyor, Lang, Feeney & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of Mr. Ranjan Amin, the owner of the property. Mr. Feeney advised that Mr. Amin proposes to tear down and replace the existing Drake Motel with athree-story, 71-room Choice Suites hotel. The total cost of the project is estimated at $3,094,000. The new hotel with be constructed with modern conveniences such as conference room, swimming pool, and exercise room. The estimated square footage of the project is 43,368. It is estimated that the total project will create eleven (11) new, permanent, full-time jobs and four (4) new, permanent, part-time jobs within the first year representing a new annual payroll of $200,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember White made a motion to adopt this Resolution. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. RESOLUTION NO. 3755-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3111 CORBY BLVD. AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR J. PATRICK & AIMEE G. MATTHEWS WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known 3111 Corby Blvd., South Bend, Indiana, and which is more particularly described as follows: Parcel L Part of Lot Numbered Seven Hundred Ninety-three (793) as shown on the recorded Plat of McKinley Terrace Addition, Section `B", described as follows: One hundred Sixty-four and Thirty-four Hundredths 11 REGULAR MEETING MAY 29, 2007 (164.34) feet in width, East and West taken off of and from the entire west side of said Lot Numbered Seven Hundred Ninety-three (793). Parcel IL Part of Lot Numbered Seven Hundred Ninety-three (793) as shown on the recorded Plat of McKinley Terrace, Section "B", recorded September 10, 1953 in Plat Book 18, page "Mc", described as beginning on the North line of Corby Street at a point One Hundred Sixty-four and Thirty-four Hundredths (164.34) feet East of the Southwest corner of said Lot Seven Hundred Ninety-three (793), running thence east Forty (40) feet to the Southwest corner of Lot Numbered Eight Hundred Six (806) as shown on the recorded Plat of McKinley Terrace Addition, Section "C", recorded October 29, 1957 in Plat Book 20, page "Mc"; thence North Four Hundred Fifty (450) feet to the place of the beginning. and this property has Tax Key Number 018-5189-742101, 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, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L 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: or 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; 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 12 REGULAR MEETING MAY 29, 2007 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VL This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. David Matthews, Managing Principal, P.O. Box 338, Notre Dame, Indiana, made the presentation on behalf of the owners, J. Patrick & Aimee G. Matthews. Mr. Matthews advised that a redevelopment of the 2.786 acre McKinley Terrace Community Club Swimming Pool, located at 3111 Corby Blvd., South Bend, Indiana, into condo townhouses. The development will contain a private street with ten (10) buildings consisting of three (3) units each, for a total of thirty (30) condo townhouses. Current estimates are for each unit to be approximately 1,500 square feet, containing three (30) bedrooms, two and one-half baths (2.5) and either a single or two-car attached garage. The proposed buildings will cover 30% of the land, driveways and streets will cover an additional 2% with green space and water retention covering the remaining 43%. The price of each home will be approximately $150,000 and the estimated value of the construction not including land is $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 six (6) ayes. 13 REGULAR MEETING MAY 29, 2007 RESOLUTION NO. 3756-07 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 202 SOUTH MICHIGAN STREET, FLOORS 1, 2, 4, 5, 9 AND 11 TO 14 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR KEY SB. LLC., THE HINMAN COMPANY WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 202 S. Michigan Street, South Bend, Indiana, Floors 1, 2, 4, 5, 9, and 11 to 14, and which is more particularly described as follows: Lot 47 40' W Cor & Vacated Alley W & Adj & W 40 X 54' Lot 48 Ex Sw Cor O P So Bend; Lots 47 & 48 Ex W 40' Original Plat So Bend; and 42.18 Ft E End Lot 58 & 19.05 X 42.36 Ft N E Cor Lot 57 O P South Bend and which has Key Numbers 18-3003-0054; 18-3003-0056; and 18-3003-0044 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., 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 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L 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 sec ., for tax abatement. SECTION IL The Common Council hereby determines and fmds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; 14 REGULAR MEETING MAY 29, 2007 D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and E That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VL The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of 9 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 Councilmember Dieter made a motion to accept the substitute version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Dieter, Chairperson, Community & Economic Development Committee, reported that this committee held a meeting this afternoon to hear the pros and cons, and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Ms. Jamie Wade, Controller, Finance and Asset Management, CBRE as agent for The Hinman Company made the presentation for this resolution. 15 REGULAR MEETING MAY 29, 2007 Ms. Wade advised that as agent for Key SB, LLC/The Hinman Company, they are requesting the waiver of $477,000 for the building permit numbers 105995 and 106222 pulled on March 13, 2007 and March 26, 2007 respectively for construction of the second, fourth and fifth floors of the Key Bank Building. Baker and Daniels lease at their current location expired December 31, 2006. Baker and Daniels received month-to- monthtenancy from the current Landlord prior to expiration of their lease. In March 2007, Baker and Daniels notified the current Landlord that they would not be renewing their lease. In turn, the Landlord gave them a fum expiration date of January 31, 2008. Additionally, they are working with a prospective tenant outside of South Bend that is currently considering substantially backfilling the Baker and Daniels existing space in the First Bank Building. Baker and Daniels construction is set to begin between July 1 gc and July 15~` and is scheduled to take approximately eighteen to twenty weeks with move in tentatively scheduled for December 15, 2007. Due to the significant material impact, magnitude and complexity of the project to accommodate Baker and Daniels as a new, multi-floor tenant of this building, the inherent need to shift the current tenants on floors 11, 12, 13 and 14 to floors, 2, 4 and 5 because of expedited due process delays and timing issues. The Hinman Company has contemplated openly from commencement of the negotiations, the inherent need for tax abatement to be economically successful for all parties concerned, including new and existing tenants as well as the Landlord. After review it was determined that this project only qualifies for a nine (9) year abatement. Mr. Richard L. Hill, Attorney at Law, Baker & Daniels, LLP, First Bank Building, 205 W. Jefferson Blvd., Suite 250, South Bend, Indiana. Mr. Hill advised that for the last ten (10) years they have been working with the City of South Bend looking at various sites and options to address their office space needs. They were pleased to announce in March 2007 they entered into a fifteen (15) year lease for the top four (4) floors of the Key Bank Building with options on additional space as their space needs grow. This summer they will initiate a construction project that will involve the complete demolition of the top four (4) floors and a rebuild to a true Class "A" space that will meet the needs of their professionals and also obviously the needs of their clients. They anticipate that the Baker and Daniels investment only will approximate $4 million dollars in construction, furniture, fixtures and equipment to utilize the new space. Over the next five (5) years they expect that within that space they will grow incrementally from their current level offifty-two (52) to approximately seventy three (73) to seventy five (75) people over that period of time. The granting of this abatement permits their rental rate to be economically viable, this is a rate that is higher than some other options that they had outside of the downtown, but they very much felt that they needed to be in the core business district and were very happy that they are able not only to have their space needs met, but to be involved in a pretty significant redevelopment of the building and the surrounding area. They also have as a condition of their lease that the lobby are would be upgraded and remodeled as well as the plaza and fagade of the building. Councilmember Varner stated that in light of the special exception which was granted two weeks ago, this request would essentially be for 100% of the entire project. So, there won't be a second request coming later. Council Attorney Kathleen Cekanski-Farrand replied no, this is it. Councilmember White thanked everyone involved in these projects, and as the Council begins to look at development such as the prior resolutions for a hotel on the south side, town homes on the east side and this extensive rehabilitation of the Key Bank Building, it BILLS -FIRST READING 16 REGULAR MEETING MAY 29, 2007 BILL NO. 30-07 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF PEASHWAY STREET FROM LEEPER AVENUE TO MICHIGAN STREET FOR A DISTANCE OF 120 FEET, MORE OR LESS AND A WIDTH OF 50 FEET. BEING A PART OF LEEPER' S ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 11, 2007. Councilmember White seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 31-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 218 CHAPIN STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Kuspa seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 32-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $167,052 RECEIVED FROM THE U.S. DEPARTMENT'S SHELTER PLUS CARE GRANT PROGRAM WITHIN FUND 212 COMM[.JNITY & ECONOMIC DEVELOPMENT FUND This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on June 11, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 33-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $500,000 OF EXCESS PROGRAM INCOME FUNDS IN FUND 212 "COMIvI[.JNITY DEVELOPMENT" IN THE DEPARTMENT OF COMM[.JNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on June 11, 2007. Councilmember White seconded the motion which carried by a voice vote of six (6) ayes. 17 REGULAR MEETING MAY 29, 2007 BILL NO. 34-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND/OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2006, AND COLLECTABLE IN THE YEAR 2007, AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on June 11, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. UNFINISHED BUSINESS BILL NO. 16-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2, RESIDENTIAL DISTRICTS AND ARTICLE 7 GENERAL REGULATIONS TO CLARIFY PARKING IN RESIDENTIAL ZONING AREAS OF THE CITY Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on June 11, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 18-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1237 OAKLAND, SOUTH BEND, IN 46615, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on June 11, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. 18 REGULAR MEETING MAY 29, 2007 BILL NO. 19-07 AN ORDINANCE 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 Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on June 25, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 21-07 AN ORDINANCE 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 SF 1 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 Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on June 11, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. 19 REGULAR MEETING MAY 29, 2007 NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 7:55 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 20