Loading...
HomeMy WebLinkAbout06/11/07 Council Meeting MinutesREGULAR MEETING JUNE 11, 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, June 11, 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 Charlotte Pfeifer Ann Puzzello Ervin Kuspa David Varner Timothy Rouse Absent: Al "Buddy" Kirsits Karen L. White Deceased: Roland Kelly 1st District 2nd District 4th District Vice-President 6th District 5th District At-Large President At-Large At-Large Chairperson Committee of the Whole 3rd District OTHERS PRESENT: John Voorde City Clerk Janice L Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney Absent Mary Beth Wisniewski Chief Deputy 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 29, 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 Kuspa made a motion that the minutes of the May 29, 2007 meeting of the Council be accepted and placed on file. Councilmember Pfeifer seconded the motion which carried by a voice vote of six (6) ayes. SPECIAL BUSINESS Councilmember Pfeifer advised that there will be an Orientation/Reception onMonday, June 25, 2007 at 5:00 p.m. in the Council Informal Meeting Room, 4a` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana to welcome three (3) interns that will be working for the Council and working on their MSW internships from Indiana University, South Bend, they will be here for full academic year beginning in August 2007. REGULAR MEETING JUNE 11, 2007 RESOLUTION NO. 3757-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING, HONORING AND REMEMBERING FOREVER OUR FRIEND, COLLEAGUE AND EXEMPLARY PUBLIC SERVANT, ROLAND KELLY, 3RD DISTRICT COUNCIL MEMBER OF THE SOUTH BEND COMMON COUNCIL Whereas, the Common Council of the City of South Bend, Indiana, recently bid farewell to its trusted friend, colleague, mentor, story-teller and "Dean of the Council" Roland Kelly, who was in his 16~` year of faithfully serving the residents and businesses of the 3~d Councihnanic District, along with Roland's family members and many, many friends and business associates; and Whereas, the South Bend Common Council flourished under Roland's leadership when he guided the Council as its President in 1996, 1997 and 2002 as he skillfully and gracefully promoted innovative concepts, programs and initiatives which always had the best interests of South Bend at heart; and Whereas, Roland's ready smile and his steadfast love of family, service to the South Bend community and his indelible Fighting Irish spirit, inspired so many others to commit themselves to the highest levels of integrity, respect and service, so that the South Bend and Notre Dame communities would be enriched; and Whereas, Roland Kelly epitomized the very best of a generation who selflessly served our country in the armed forces during World War II; who, after graduating from the University of Notre Dame in 1950 made South Bend his home, where he would raise his family with his fun-loving wife, Joyce; where he was regularly invited into countless homes for more than twenty-one (21) years as a news anchor and News Director at WSBT and brilliantly reported the news based on his fact-fmding interviews with Presidents of the United States, University Presidents, Governors, Senators, Congressmen, and especially the every day person; and Whereas, words cannot captured the amount of love, respect, and admiration which we have for Roland Kelly and his entire family-Laurie & Rick, Randy & Jory, Jason & Kara, Rick, Katie, Pat, Breanna, Maeve, Jayne, Eavan and Max; who we know through Roland's many stories about family events and the family pictures which he proudly shared of their special times together in South Bend, in Minnesota, in Illinois; and especially those special times involving his beloved Notre Dame, which made him forever young in spirit. 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, dedicated service and countless contributions of ROLAND KELLY, an exemplary public servant, who epitomized the very best of service to our community, which was only surpassed by his unwavering love and dedication to his family, friends, City of South Bend and the University of Notre Dame du Lac. Section IL The South Bend Common Council hereby designates the week of August 27, 2007, when the University of Notre Dame hosts the Georgia Tech Yellow Jackets at ND's lgt home football game of the 2007 season as "ROLAND KELLY REMEMBRANCE WEEK", as a true & fitting reflection of the kind & gentle spirit of this very special person which lives on in South Bend & Notre Dame, and the many persons he touched. REGULAR MEETING JUNE 11, 2007 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/Al `Buddy" Kirsits, At Large s/Charlotte D. Pfeifer, 2nd District s/Timothy A. Rouse, At Large s/Ann Puzzello, 4~` District s/Karen L. White, At Large s/Dr. David Varner, Sd` District s/Ervin Kuspa, 6d` District Council Member s/Kathleen Cekanski-Farrand, Council Attorney Attest: Adopted this 13d` day of June, 2007. s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember's Varner and Pfeifer made the presentation for this Resolution by reading it in its entirety, offering their comments and presenting it to the Kelly Family. Roland A. Kelly, III, a/k/a Randy, spoke on behalf of the entire Kelly family, and thanked the Council for this beautiful tribute to their father. Randy stated that his father loved being a member of this Council, because of the people who served with him and he respected them highly. Randy stated that his father truly believed that it was an honor to serve this community, a community he so dearly loved. Randy stated that he has been asked to fill the Council position for his father until the end of the term. Randy stated that he would be greatly honor to do so, flattered at the suggestion and again nothing would honor him more than to sit in his Dad's seat until the remainder of his term, if the people would have him, he would like to do that. Mayor Stephen Luecke, South Bend, Indiana, stated that Roland was a treasure, he brought his own style and brought people together he found ways to solve conflicts and generally for the most part brought humor to it. There were some occasions that were even beyond Roland. He remembers him with great fondness and misses his advice and good counsel, his great humor. On behalf of the citizens of this community in addition to the wonderful Resolution that the Council is passing tonight, he presented to the Kelly family a key to the City of South Bend, for his recognition of his great service. Additionally, Councilmember's Dieter, Puzzello, Kuspa, Rouse, offered their comments and thanked the Kelly family for sharing Roland with them. They also stated that it would be their honor to have Roland's son Roland, III, (a/k/a Randy) Kelly fill his father seat on the Council until the end of the term. Councilmember Kuspa made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:16 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 Puzzello, Vice-President, presiding. Councilmember Puzzello 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 Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS REGULAR MEETING JUNE 11, 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 Pfeifer made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Kuspa, Vice-Chair, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Lyons advised that this is a rezoning at the northeast corner of Miami and Bowman. It is approximately 1/3 acre site with a vacant building zoned MU Mixed Use to GB General Business for automotive and gasoline sales. To the north is an office and house zoned MU Mixed Use District. To the east are single family homes zoned SF2 Single Family and Two Family District. To the south across Bowman Street is a church zoned MU Mixed Use District. To the west across Miami Street are businesses zoned MU Mixed Use District. The GB General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are often brightly lighted and noisy. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. The site is approximately 0.352 acres. There is an existing 1,436 square feet building which covers 11 % of the site. Pavement covers 72% of the site. The remaining 17% of the site is open space. The site has two access points: one from Bowman Street and one from Miami Street. Type C landscaping is required along the eastern property line. Type C landscaping is four evergreen trees every 30 feet in a double staggered row. Miami Street and Bowman Street both have two lanes. The site will be served by existing city sewer and water. The City of South Bend City Plan Land Use policy LU 1.1: Pursue the development ofarea-specific plans with broad community involvement. The rezoning conflicts with the City Plan Land use policy. The Miami Street Commercial Corridor Revitalization Action Plan (2000) the corridor plan calls for the area to be a neighborhood center of convenience shopping and unique businesses with an area of improved physical appearance. The rezoning conflicts with the Miami Street Commercial Corridor Revitalization Action Plan. The site contains a vacant building and gas pumps with a canopy. The most desirable uses for the site would be mixed use or low intensity commercial. The surrounding mixed use property values may be conserved with the rezoning. The surrounding single family property values may not be conserved. It is not responsible development growth to allow intensive commercial uses within areas comprised of low intense uses. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. The rezoning conflicts with the Miami Street Commercial Corridor Revitalization Action Plan (2000), which recommends small-scale, pedestrian- orientedneighborhood businesses along Miami along Miami Street. The City Plan Future Land Use Map recommends this area for mixed use. Rezoning this property to GB General Business District to allow more intense commercial uses would not be consistent with the surrounding zoning or land uses. Amore appropriate location for GB General Business Districts is along major commercial corridors and thoroughfares. Mr. Edward Fisher, Fisher Land Surveying Services Inc., 303 East Third Street, P.O. Box 23, Mishawaka, Indiana, and Mr. Joe Grabill, 2410 N. Grape Road, Mishawaka, Indiana, made the presentation for this bill. REGULAR MEETING JUNE 11, 2007 Mr. Grabill advised that the property was originally built in the 1950's as a service station. It is identified as a brownsfield site that is a potentially environmentally impacted property. Mr. Grabill stated that he has an expertise in redeveloping brownsfield properties and have done over half a million square foot of adaptive reuse of brownsfield properties. The proposed used here is for a biodiesel and E85 ethanol blend refueling station in addition to a car sales lot for the purpose of selling alternative fuel vehicles. One of the real pickles that they have in trying to promote alternative fuels in Indiana is the leader in producing alternative fuels with one of the fast ethanol plants in the nation and soon this year they expect to have more biodiesel plants than any other state in the country. One of the real challenges in selling those alternative fuels is having vehicles (it's a chicken or egg thing) in order to burn biodiesel you have to have diesel vehicles and they are very many diesel passenger vehicles available right now. Likewise, if you want to run E85 or ethanol blends, then you need to have a car that is suited to run fuel like that. There are a lot of new cars and a handful of used cars. The one thing that he wanted to do that is a unique concept is to combine the sales of those alternative fuel vehicles which is really a niche automotive market together with the sales of E85 and biodiesel fuel, it is of note that there are no biodiesel refueling station anywhere in St. Joseph County right now. Fortunately, TRANSPO burns a 20% biodiesel blend; regrettably they buy it from the Marshall County COOP. There are two E85 gasoline stations in St. Joe County, one on the far side of Mishawaka at US 20 and Bittersweet and the other on the far north side of Mishawaka at SR 23 and Gumwood. There are no refueling opportunities in the City of South Bend whatsoever for alternative fuel vehicles. Mr. Grabill stated that he is a big fan of comprehensive neighborhood planning and wants to go on record for that. In his sixteen (16) years as a commercial broker, he has never ever proposed a site that had a negative recommendation from the Area Plan Commission. He feels that this is a site that warrants an exception to the rule. The City Plan was designed as a comprehensive planning document a vision of the City, not an orthodox reading of the definitive land use plan otherwise there would not be any reason for the Council to vote on rezonings once that were settled. This particular use has proposed several amendments in order to address potential concerns of the neighbors. Mr. Grabill stated that he met personally with over 20 neighbors, and only had one person express any discomfort about this site. This is a gentleman that operates a business but does not live near by. Mr. Grabill stated that they have agreed to limit the total number of cars for sale to ten (10) cars displayed for sale at any one (1) time; and fuels sales shall be limited to four (4) pumps. This should very substantially restrict the ability for heavy traffic to be originated at this site. There is a very similar corridor in the City, it is Mishawaka Avenue, in very many respects is regarding as a secondary corridor by retaiUcommercial brokers. That is a vibrant street that has service stations and has places where cars are fixed. Although this proposal before the Council tonight does not have any repair in it. Also on Mishawaka Avenue are several car lots with cars for sale. Mr. Grabill stated that the Mishawaka Avenue Area is a healthy neighborhood that does well. Council Attorney Kathleen Cekanski-Farrand advised that the Committee recommended favorably as amended and was subject to a written commitment. If the Council is going to open up the public hearing with that amendment, the bill will need to be formally amended. She read the amendment in the record as follows: Section IL This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication; and shall be subject to written commitments approved by the Area Plan Commission addressing the following: 1. There shall be no more than ten (10) cars displayed for sale at any one (1) time; and 2. Fuels sales shall be limited to four (4) pumps. Councilmember Varner made a motion to accept the new Section II. to Substitute Bill No. 10-07 as read into the record. Councilmember Kuspa seconded the motion which carried by a voice vote of five (5) ayes and one (1) nay (Councihnember Pfeifer.) This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. In Favor REGULAR MEETING JUNE 11, 2007 Mr. John William-Locks, 1821'/2 Miami, South Bend, Indiana, stated that this would be a big positive step for the neighborhood. He stated that he has spent more time in that neighborhood than anybody, he grew up in that area, and was a business owner at 1821 Miami and at the corner of Ewing and Miami. He stated that he was a member of the Miami Street Business Association, and moved away from South Bend approximately 25 years ago and has recently returned three years ago. Mr. Locks stated that when he returned he was appalled at the condition of Miami Street. There is nothing on that street that is indigenous to that area to bring people in to shop or do anything. Here we have Mr. Grabill who is willing to bring in a new concept something that all Hoosier should run up and hug this guy for. Hoosiers are trying to promote products that are made in Indiana, and this is a positive project. He stated that he lives just across the street from this location and the City should give him a chance. Ms. Cindy Swartz, 3806 Miami Street, South Bend, Indiana, spoke in favor of this bill. Ms. Swartz stated that she drives past this location everyday on her way to work at Memorial Hospital. This property has been an isore and vacant for years. And now to have an innovative gas station go into this vacant property is a very beneficial to the neighborhood as well as for the City of South Bend. There was no one else present wishing to speak in favor of this bill In Opposition: Michael Divita, Community & Economic Development, 12~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, spoke in opposition to this bill. Mr. Divita advised that he served as the planner for the Miami Street Corridor which includes the subject parcel. He is against this rezoning. The proposed zoning conflicts with the established plans developed by public participation and are inconsistent with the zoning ordinance's intent for GB zoning and would have a negative effective on the neighborhood's appearance. The proposed rezoning even with written commitments runs counter to the Miami Street plan and the City Plan Future Land Use Map approved by the City Council. This property falls within the core of a five (5) block area designated in the plans as a pedestrian oriented Miami Village Retail and Service Commercial Center. The City and the Miami Village Association have worked for nearly a decade to enhance the area and to achieve this vision. In recent years the City has made extensive streetscape improvements along this property and hereby owners have invested thousands of dollars in an effort to improve the appearance and perception of the area. Nearby property owners have said that regardless of written commitments the GB zoning and proposed use would fall beneath the standard that they have been working to achieve and may set the stage for future undesirable uses. The Miami Village Association expressed opposition to the proposed rezoning at its February, March and June meetings. The proposed zoning would up zone the property by five (5) zoning classifications to the most permissive commercial category and would create a land use greatly inconsistent with surrounding properties. A situation unaddressed by the proposed commitments. Additionally, give the parcel's size if it were to meet the zoning ordinance's GB development standards, little space would remain for appropriate business operations. This property past automotive oriented use and difficulty in redeveloping is acknowledged, but this site has never been a location for used car sales and from the prospective of the current zoning ordinance the proposed used car lot would be more of an intense use than the former gas station only. Other auto oriented sites on Miami Street have been reused for commercial retail, restaurant and office uses. Some effort would be required that similar uses could occur here. The property could also be reused solely as a gas station. Mr. Divita further noted that if the Council grants the rezoning with commitments he would recommend that the petitioner commit to the following: restrict the GB uses to only used car sales and gasoline service station without repair; limit the number of cars to ten (10) and pumps to four (4); without variance meet all city parking and landscaping standards; maintain the sign standards of the MU zoning district. The City and area stake holders applaud the petitioner's innovative concept and would absolutely like to see this site productively. However the proposed zoning and use is not REGULAR MEETING JUNE 11, 2007 appropriate for the Miami Village Neighborhood Commercial Environment because of its intensity and visual impact. The City remains eager to work with the petitioner to seek a business use and zoning consistent with the neighborhood and with established plans. There was no one else present wishing to speak in opposition to this bill. In Rebuttal, Mr. Grabill stated that he asked for a list of commitments from the Association. Mr. Grabill stated that at the meeting he attended for the Association, they could not take a vote on this matter due to the lack of a quorum. In regard to Mr. Divita's comments regarding additional site restrictions that have been brought up tonight, this is the first time that he has heard of them. Mr. Grabill noted that he called Mr. Divita for his input on written commitments that would make this project more palatable and receive a favorable recommendation from the Association. Mr. Grabill stated that he did not receive a return phone call from Mr. Divita. Mr. Grabill stated that today, Mr. Divita returned the phone call and stated that the Association would not be in favor of the rezoning. Councilmember Varner stated that City Plan and the vision that the people who developed it have are all well and good for discussion and for planning. But the reality is which of those sixteen vacant properties would you like to see filled up first. He stated that he wished that there were sixteen people here tonight to take ownership of those properties and do something useful with them, but apparently there aren't. Councilmember Varner stated that he is very familiar with the area, he used to deliver newspapers there when he was a kid. He stated that he was not aware that there were sixteen vacant properties with the most recently being the Instant Lube, which he just noticed on his way to tonight's meeting. Councilmember Varner stated that he doesn't think that this rezoning is going to harm the other fifteen properties and the vision that is recommended out there. Councilmember Dieter stated that he believes that there is an opportunity here even though it doesn't specifically fit with City Plan and the guidelines. However, those are just guidelines and sometimes there needs to be exceptions to that. When someone wants to make an investment in the City and especially with an alternative fuel source in today's economy, this is a great project. Councilmember Dieter stated that he will be voting in favor of this bill. Councilmember Pfeifer stated that she disagrees with this bill. She hopes that Mr. Grabill will be able to find something that is conducive to that site. She believes that working with the neighbors is vital. She understands this because in her district they have worked together and when you try and try to get good things to come into your neighborhood you get desperate to have something go into a vacant building, so you take anything. That is what happened in her district and now they are very sorry about some of those things and they have to live with car lots, sales and automobile repair. All the time and effort that went into City Plan should not be undermined, it should be followed. Councilmember Rouse stated that he is concerned and has talked with business people and they tell him that they don't really get the cooperation when they want to invest in the City. He is concerned with the fact that they certainly want to enhance the neighborhoods but at the same time we need viable people who want to make an investment in the City. He really hasn't heard quite frankly, any evidence from anyone other than the planner standing before the Council saying that this doesn't fit the neighborhood. Councilmember Rouse stated that he wants to stop the flow of businesses going to Mishawaka. Councilmember Rouse stated that here is a guy from Mishawaka who wants to invest in South Bend. Councilmember Rouse stated that he is going to vote in favor of this bill, however he is cautious about the concerns raised, but he reiterated that he has not seen any real evidence that this a concern of the corridor businesses because they are not here tonight to speak in opposition. REGULAR MEETING JUNE 11, 2007 Councilmember Puzzello stated that when the Council looks at a new law or a new bill, they are always told to read up on it and listen. She stated that she has read the bill and listened to the letters in favor and there was nothing opposed to it. She noted that this property is located in the 3~d District and with the passing of Councilmember Kelly, there isn't representation from the 3~d District at this time, but the people have spoken as far as she is concerned and Miami Street is in great need of businesses and new vitality from what she has read and listen to. Councilmember Puzzello stated that she will be voting in favor of this bill. Councilmember Kuspa made a motion for favorable recommendation to full Council concerning this bill as substituted and amended. Councilmember Dieter seconded the motion which carried by a voice vote of five (5) ayes and one (1) nay (Councilmember Pfeifer) BILL NO. 18-07 PUBLIC HEARING 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 Councilmember Kuspa made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Kuspa, Vice-Chairperson, Zoning and Annexation Committee reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Lyons advised that the petitioner is requesting a zone change from SF2 Single Family and Two Family District to OB Office Buffer District to allow the expansion of a parking lot. On site is a single family house zoned SF2 Single Family and Two Family District. To the north are single family houses zoned SF2 Single Family and Two Family District. To the east are apartment's zoned MF2 High-density Multifamily District. To the south is an office zoned OB Office Buffer District. To the west is an office zoned O Office District. The "OB" Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi- governmental uses. Since the types of permitted uses in the "OB" District are typically less commercial in appearance and are architecturally more harmonious with the residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The site is approximately 0.10 acres. The site will expand the existing parking area for the Greater South Bend -Mishawaka Association of Realtors building. The site will have one access point on Oakland Street. A variance will be required to allow parking within the 15 foot residential buffer yard. Type B Partial Screening is required along the northern property line. The current land use is single family residential. Northside Boulevard and Oakland Street have two lanes each. Municipal sewer and water are available to the site. City of South Bend City Plan, November 2006 Land Use Policy LU 6: Focus development efforts within the Service Area. The rezoning is consistent with the Comprehensive Plan's Land Use Policy. The future land use map identifies the area for medium density residential. The rezoning conflicts with the Comprehensive Plan's Future Land Use Map. The site is currently a single family home. The most desirable use for the site if residential or office. The surrounding residential property values may not be conserved with the rezoning. It is responsible development and growth to allow the expansion of existing office uses, where adequate buffering is provided. Based on information available prior to the pubic hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The rezoning will help alleviate the street parking situation REGULAR MEETING JUNE 11, 2007 in the area, by providing additional parking spaces. The additional parking area is compatible with the surrounding office land uses to the south and west. The required landscape screening will help buffer the adjacent residential area. Mr. Michael Rans, Greater South Bend-Mishawaka Association of Realtors, 1357 Northside Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Rans stated that they have obtained ownership of this property and are seeking to rezone the property from SF2 Single Family Two Family District to OB Office Buffer District to expand their parking lot. To alleviate some of the on-street parking and move them into the parking lot. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Joe Grabill, 2410 Grape Rd., Mishawaka, Indiana, stated that he frequently attends realtor functions and has been a commercialreal estate broker for sixteen (16) years and one of the challenges here is that not all of the homes in this neighborhood have garages so there are a fair number of residents that already appropriately park in front of their homes. A result is that when there are realtor functions people often have to park a considerable distance from their homes and this is a real problem in the winter months. The proposed site improvements that are before the Council tonight will take what is now strictly a fence and added landscape buffering and other appropriate considerations that will make this blend well into the community. There was no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Rouse made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 30-07 PUBLIC HEARING 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 FEE, 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 Councilmember Varner, Chairperson, Public Works and Property Vacation 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. Paul Bursch, 1301 Leeper Avenue, South Bend, Indiana, and Ms. Christine Lauber, 1227 Leeper Avenue, South Bend, Indiana made the presentation for this bill. Mr. Bursch advised that they are petitioning to vacate the street for three main reasons. First, they have had problems with cars parking late at night down on that street, there is a street light down on Leeper Avenue but there are two big walnut trees and the end of Peashway and it is dark down there and in the morning they find alcohol bottles and stuff like that. Secondly, the street is in need of repair, they just put in new storm drains in the area, but they were not planning on doing anything with Peashway. Last summer when they had a lot of the rains, the cracks in the street, it is checked so bad that he actually took his edger out there every week and mowed the street down and if he would miss cutting one week the weeks and grass would be six to twelve inches. Thirdly, the gardener's back their truck up in their and dump their lawn clippings and tree branches down on the back, which is just up from Michigan Avenue. At the end of the street is a guard rail you cannot see it because of all the overgrowth and there is a dumpster there because of the storm drain repair, which won't be there much longer, because they are almost finished. REGULAR MEETING JUNE 11, 2007 Ms. Lauber stated that she has lived on the dead end street for thirty-five (35) years and has seen a lot come and go. Including kids riding their bikes straight down towards Michigan Street and often wondered when one of them was going to go flying over the edge up there. The City was kind enough to let her rip up some of her sidewalk that went down the dead end street and about six or seven years ago with the sidewalks and curbs program. It was really an attractive nuisance that would cause smaller kids a real problem. There have been people parking back there late at night, thefts in her own back yard from people parking back there. It has also become a runway up Michigan Street up into there as a short cut instead of walking up to the corner of Pokagon and coming around and you will fmd all kinds of stuff back there on that hill, most of what they don't want. The City has done a very poor job of maintaining it, if it is a City street. She has flagged down the street sweeper on Leeper Avenue and asked if they would just go back and go around the area just once to clean it up. They say they will be back and just keep going down the street the other way and never sweep it. She also has called the Street Department multiple times to come back to do the job, and she has yet to get anyone to come down the street. With the University Notre Dame eliminating most of it's on campus parking. People are parking all the way down Leeper Avenue and the cars pull in this area and jam up traffic because they think it is a through street and it is not. This has always been a dead end street since Michigan Street went through that area. It somewhere to nowhere and it is time for it go! Ms. Lauber stated that their intention is basically to grass it in. They don't intend to build on it or do anything glamorous with it, just clean it up and make it nice. 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, Councihnember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 16-07 PUBLIC HEARING 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 AND ARTICLE 7 GENERAL REGULATIONS TO CLARIFY PARKING IN RESIDENTIAL ZONING AREAS OF THE CITY Councilmember Kuspa, Vice-Chairperson, Zoning & 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 this request is for a number of changes to the parking regulations of the South Bend Zoning Ordinance. 1. (D) Notwithstanding anything in this Chapter to the contrary and provisions of Article 8 of Chapter 14 of the South Bend Municipal Code, addressing specific public safety regulations on parking in residential areas, the parking of any vehicles within the required minimum front setback shall not be allowed unless the parking is on a legal, properly hard-surfaced driveway or parking space which has a durable, dust-free surface, as required by Section 21-07.04. 2. In addition to the above location requirements, the location ofoff-street parking areas in residential districts shall not be located in violation of the provisions set forth in Section 21-02.11(e) 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. There appears to be a consensus that this is needed and will address the issue relative to parking in the minimum front setback. The commission would note the "minimum front setback" is the area between the front lot line and the minimum building setback line. The addition of 10 REGULAR MEETING JUNE 11, 2007 this Section would bring the regulation for parking in the minimum front setback to the same regulation that existed in the previous zoning ordinance. Councilmember Puzzello, 1247 E. LaSalle Avenue, South Bend, Indiana, made the presentation for this bill. Councilmember Puzzello advised that this bill follows a bill that was passed previously and it is probably very confusing to a lot of people. The issue of yard parking came up because when the new zoning bill was passed the yard parking was mentioned but it was confusing and when a property had been very negligent and had a lot of yard parking went to court, the court's would not except it because they said it was not clear enough in the zoning ordinance. It is necessary that the Council pass a bill that disallows parking in yards. This is the second time that the Council has done something like this. The first one addressed from a public safety point of view and it will allow police officers to tag cars and fine people for parking in their yards. This bill does not include special exceptions those will be addressed sometimes this summer, such as Parking on Notre Dame Home Games or Special Family Events, Church Events, has not yet been addressed by the Council and will not be a part of this bill. The bill that is before the Council tonight is the same thing, but it addresses the problem of yard parking from a zoning point of view and will allow Code Enforcement to tag cars that have been parked in yards. The bill reads that the parking of any vehicles within the required minimum front setback shall not be allow unless the parking is on a legal properly hard surfaced driveway or parking space which has a durable and dust-free surface. The wording "hard surface" has been discussed a lot both from both an environmental point of view and from a hard ship case for some people and it is an issue that is still being discussed, and talked about. Councilmember Puzzello reiterated that this bill would do the same as the recently passed one, making it illegal for people to park in their front yard, unless it's on a hard surface like a driveway. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Catherine Toppel, Director, Code Enforcement, 13~` Floor County-City Building, South Bend, Indiana, spoke in favor of this bill. Ms. Toppel advised that she is in favor of this bill. This is a quality of life issue in the neighborhoods. Unfortunately, due to the change in the ordinance in 2004, they have not been able to enforce it. When a homeowner buys a home, they intend on relaxing in the yard with the family and friends. Unfortunately when you have a neighbor that parks their vehicle up in their yard next to you, you have to be very conscious of where you are so you don't get hit. It is harder for the homeowner to enjoy their property and it does become a quality of life, because of the ruts in the yard and children will have to be very careful where they are playing in their own yards. There being no one else presenting wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kuspa 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. 21-07 PUBLIC HEARING 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 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 11 REGULAR MEETING JUNE 11, 2007 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 Kuspa made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Kuspa, Vice-Chairperson, Zoning and Annexation Committee reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Area Plan Commission, 11~` Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Magliozzi advised that the proposed ordinance is initiated by the Area Plan Commission, 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 CommerciaUMixed 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 defmition for amusement park, as amended is sent to the Common Council with a favorable recommendation. The amendment is needed to clarify various sections of the Zoning Ordinance. Mr. Magliozzi stated that as the Zoning Ordinance is continually looked at and worked with they find technical corrections that need to be made to make the ordinance a little more readable and from Mr. Fozo and Ms. ToppePs stand point more enforceable. This bill is sent to the Common Council with a favorable recommendation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Rouse made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. 12 REGULAR MEETING JUNE 11, 2007 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 Dieter, Chairperson, Community & Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and after weight the pros and cons sends it to the full Council with a favorable recommendation. Mayor Stephen J. Luecke, 14~` Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that this bill would allow for the appropriation of $225,000 of Economic Development Income Tax (EDIT) funds for the purpose of providing operating funds to DTSB. This organization has been instrumental in the revitalization of the downtown and though there were a few stumbles recently, he believes that procedures have been put in place to adequately cover the issues of financial accountability. They also expect and anticipate better communication with a wide variety of the downtown businesses within the core downtown and the east bank, and certainly accountability for these public dollars as they are spent to continue the mission of Downtown South Bend and their joint mission of improving downtown as the regional center for arts and education for finance and business for health care and other services. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of this bill: Mr. Paul Meyer, Chairman of the Board, Downtown South Bend, Inc., stated that over the years Downtown South Bend (DTSB) amongst a number of other organizations and private endeavors have worked hard to enhance downtown as the sole of South Bend and they truly believe it as such. Last year there were some significant financial problems. They have worked hard to put in place new fmancial controls to safe guard the public and private investment in downtown and are committed to being accountable for this expenditure and security of those monies. Mr. Meyer stated that they will work hard over the next months and years to listen to the downtown businesses and residents to meet their needs and expectations to grow downtown to make it a great place to live, work, shop and play. Mr. Meyer stated that they have appreciated the support of the Council, Mayor and the City of South Bend over the years and will work hard both in their transparency of action and the transparency of expenditures to gain and continue the confidence of the Council in their organization. Mr. Chip Lewis, 1714 E. Madison, Street, Member of the Board of Directors, Downtown South Bend, Inc, stated that a study was conducted about a decade ago to think about where Center City Associates should go and what should be done with the downtown area. A number of people got together and contributed a great effort to study successful and thriving cities and what they discovered was that the best way to lead success to the downtown was with a true public/private partnership and they have striven at every step to make that happen. The public side has been demonstrated by participation on the DTSB Board of Directors; the Common Council; the City Administration and most importantly by the annual funding by the City The private side has been staffed with a number of people from private businesses and retail owners within the downtown. So much has been accomplished by all these people spending the time and effort over the past ten (10) years. But frankly the work is not done yet. There is still a lot more to do within the downtown, not all of the areas have been improved. DTSB wants to continue working toward that development so that they can obtain that high achieving downtown that we all expect to have. It is a vital part of the community to keep the downtown thriving and full of life and DTSB can do that with the continued support of Council and 13 REGULAR MEETING JUNE 11, 2007 with the City's funding and understanding that it is a year to year thing. DTSB is now on the watch and a few months ago you could say that the patient was day to day and it has worked out from that and now apparently they are year to year and that's fine and that's as it should be. DTSB should be able to come here a year from now and say that it met its commitments and have the Council nodding in agreement that it did meet its commitments and that's what DTSB will be trying to do. Glenda Lamont, 211 S. Michigan Street, South Bend, Indiana, stated that she and her husband have been residents of the downtown area since 1990. First at the Pointe at St. Joseph and now at the Robertson's Building. Two years ago they bought the historic firehouse on Hill St. and started her CPA practice thirteen (13) years ago in downtown South Bend and last fall moved that practice to the firehouse. She stated that her husband owns a business near Coveleski Stadium and has for the past twenty-five years. They will be moving their residence to the firehouse later this year. Ms. Lamont stated that they live the motto: "Work, Play, Shop, and Dine in Downtown South Bend." She stated that they have a lot riding on the success of downtown and for that reason she became a DTSB Board Member at the first of this year. She looks at the DTSB organization as her neighborhood association. One of her goals as a DTSB Board Member is to make other businesses and restaurants look at DTSB in the same way. From discussion with other board members, she stated that she is not alone in her feelings that are a goal that they all have. They know that improvements are needed and they have been making those changes in the organization over the last few months to that end. What differentiates this neighborhood association from some of the other neighborhood associations is that this association is made up primarily of commercial entities, that have the ability to generate tax revenues on many fronts, from real estate, personal property, and sales taxes to payroll and corporate income taxes. That tax generation potential alone makes this neighborhood association worthy of the City's continued support. The events of last fall have consumed the time and energy of many people, the Council included. This has delayed the progress of South Bend's needs. These events were certainly a wake up call that things needed to change. The central business district needs an organization like DTSB to represent and promote its interest. With input from members of the district DTSB has the opportunity to evolve into that organization. The City's support at this time in crucial so that DTSB can continue that evolution. Heather Yarborough, Chicory Cafe, 105 E. Jefferson Blvd. South Bend, Indiana, stated that she believes that the continuation of DTSB is essential in continuing the revitalization of downtown South Bend. DTSB has helped her in many ways since the planning stages of her coffee house. Events such as ART BEAT, St. Patrick's Day and Football Fridays for which DT SB is responsible are very important to the downtown, because it brings everyone together as a community and creates an economy of spending that helps downtown merchants when revenues are down. Downtown businesses also benefit from the downtown ambassadors who help keep the streets clean, aid and control pan handling and generally beautify the downtown area. The appearance of the downtown area has greatly improved in the past few years making a much more inviting place. Creating an atkractive downtown and filling its empty buildings will bring in more customers, creating more revenue for the businesses downtown, which creates tax revenue and jobs. Based on her positive experiences, she believes that DTSB is the right organization to continuing providing these services that make downtown a warm and profitable environment in which to run a business. There was no one else present wishing to speak in favor of this bill. The following individual spoke in opposition to this bill. Mr. Kenneth Peczkowski, 509 W. Madison, South Bend, Indiana, stated that he owns the Griffin Bookstore in downtown South Bend, located at 121 W. Colfax Street. Mr. Peczkowski stated that his business has been downtown for thirty-one (31) years continuously and he believes that he knows from experience what it is to work, live and play in downtown South Bend and to do all his spending in downtown South Bend as well. After following all the lions that have come before him speaking in favor of this bill, Mr. Peczkowski stated that he feels like a poor Daniel going into the lion's den, 14 REGULAR MEETING JUNE 11, 2007 where the lion's are expected to win. Mr. Peczkowski stated that he has spoken to many of the Council in the past and it's sort of intimidating to just stand here knowing that he is speaking on a lost cause but, that has been the cause with Polish Patriots in the past. Having had German's crush their country and face overwhelming odds is something that he is not unfamiliar with either. DTSB has cost and continues to cost too much in tax money to get a simple job done. He stated that the Council is being asked to provide $225,000 to cover operational costs for DTSB's offices and staff On June 22, 2007, the Commission to which he has been appointed to by this Council will vote on an additional budget of $275,000 to cover DTSB beautification and enhancement programs. In summation, a half million dollars of tax money. Looking at the contract that will be entered into with DT SB shows some belated controls put in place to provide a semblance of oversight for an organization that needed to be reminded that conflict of interest clauses apply to not for profit groups that live off of other peoples money, taxpayer's money in particular. If the controls are necessary in order to make DTSB comply with ordinary public servant legislation and if increased vigilance is necessary on the part of this council to make sure that tax monies are wisely spent. And if DTSB can be currently run by two former employees of the Department of Redevelopment then DTSB already has all of the earmarks of a City run governmental department. Why shouldn't the Council simply place the duties of the DTSB back in the hands of the Department of Redevelopment? The City used to administer the fagade grant program. The Redevelopment Commission just awarded a contract two months ago for landscaping contracts on city owned common properties at great savings to the taxpayers over what was paid in previous years. A local group that would save us on this issue could be contacted if proper bid procedures were put in place. Apparently the City can afford two redevelopment personnel to take leave from their busy schedules to run DTSB on an interim basis and to organize events while we continue to pay their salaries. Why not let the interim Directors take this work back to City Offices already on the city's expense account. A quarter of a million dollars would be saved by just closing the same redundant office space. If not that, then a book entitled "Not for Profit Board Member Handbook" published by the Grant Thornton International Accounting Tax and Business Advisory Organization raises another possible option. "Most not for profit organizations rely on fund raising activities to provide financial resources for their programs. Some not for profit boards set minimum fundraising requirements for board members often referred as to "give or get policies." For example to remain on the Board as member would be required to raise $5,000.00 annually through personal contributions or by soliciting contributions from others. Organizational fundraising usually includes annual campaigns to support the operating budget and capital campaigns to raise funds for endowment and facilities. DTSB as you have noticed has a huge board and has carried it for quite some time. Why not institute give or get policies with the DTSB Board. Why has DTSB enjoyed such a favored relationship with the City that it feels entitled to tax money as a given. Several businesses in South Bend just in his memory including his has for many years contributed significantly to beautification programs that are highly visible. They have sponsored events in the downtown area that have attracted thousands of people throughout the years. They have provided ambassadors on a daily basis to put a friendly face on downtown merchants. They have made downtown a destination by providing products and venues that are world class and unique. It has all been done without a single dollar of tax money involved. If DTSB is worthy for doing the same sort of work that businesses such as his and other have done in years past then please show him where to send these people to sign up for the free rent program to which these businesses are entitled to just as DTSB is entitled to free rent to keep their not for profit organization going. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mayor Luecke stated that he absolutely believes that the public/private partnership is essential to the vitality of downtown South Bend. Mayor Luecke stated that he has traveled around the country and visited many other communities including most recently a trip with the Chamber of Commerce on an inner-city visit to Springfield, Missouri, and what they found were other examples of business and government working together to have a joint vision and a joint effort to improve the community. Mayor Luecke states that he believes that DTSB is an appropriate example of that here in our 15 REGULAR MEETING JUNE 11, 2007 community. He pointed out that in fact it has been supported on the private side as well as through fundraisers and voluntary bid contributions to the operations of the organization. Mayor Luecke stated that they have chosen not to have Redevelopment take on all the responsibilities of DTSB because he believes that they don't do it particularly well. That's not to say that we don't have good staff people who can perform exceedingly well as Marco and Jitin who are on loan to DTSB at this point. He doesn't feel that's really the best use of government employees to do that on an ongoing basis. There is added expense and added staff to the two loaned personnel from the city right now that are part of the operating expenses of the downtown South Bend. They have deferred this appropriation for several months in order to respond to appropriate questions being raised by the Council. He believes that those questions have been adequately answered and asked for the Council favorable consideration. Dr. Varner asked Mayor Luecke on his travel to other communities if they were on a volunteer bid or mandatory bid process. Mayor Luecke responded that in Minneapolis/St. Paul it was a mandatory bid and in Springfield he was not sure of what bid process they used. Councilmember Varner advised that after speaking with Mr. Meyer and a number of other people the reason that this bill is before the Council tonight is because DTSB which had been spoken so highly of in the past had really become a dysfunctional organization. He stated that DTSB seemed to become the kind of organization that had come to believe that they were entitled to public funds and believe that they could run a little show without public input, or adhering to the organizational and accounting rules which are out there for "not for profit' organizations. Mr. Meyer had made a commitment along with those other folks to get the financial issues in order. There have been steps within the organization that have been taken or proposed. Councilmember Varner stated that he is willing to give this organization who atone time had a pretty good reputation another chance; however it is going to take some effort on their part. This is something that needs to be reviewed on an annual basis, the sense of entitlement to public dollars has become all to easy and all to common and the justification of the use and the approaches of using those dollars is something that the Council has as a responsibility to do. The need to have a year to year review is essential and the burden falls on DTSB to provide the information to the Council. Councilmember Dieter stated that he met with Mr. Meyer and Councilmember Varner last week and spoke about what has driven the Council to this year long ordeal In light of what has happened, everyone has been through a lot on this issue. Councilmember Dieter thanked Mr. Meyer, Mayor Luecke and everyone involved with DTSB over the years. He thanked Mr. Peczkowski for his diligence on this issue and hopes that he continues to strive to make downtown South Bend a better place and hope that he continues to make programs like this and others more efficient, transparent and more beneficial to South Bend. Councilmember Dieter stated that it is fair to say that we all have learned a great deal from this not only about the potential harm from a single individual that is capable of causing chaos in the entire city, but also about the importance of openness and creditability in government. Councilmember Dieter further noted that it is fair to say that if this Council had not taken a tough stance this whole issue could have been concealed to a point where the damage would have been far more destructive not only to Downtown South Bend but to the reputation of the City. They say that hind sight is 20/20, and if we are to see anything more clearly now that we have this 20/20 hindsight he hopes that above all else, above the politics the personal agendas above the personal tikes and dislikes the citizens of our City expect all of us to be responsible. He hopes that everyone can see here tonight in the end what has guided the Council's action is that responsibility. While we may not all agree on the specifics of a group like DTSB we almost agree that if the public is going to trust DTSB with public money it to must be totally open, transparent and as much have that responsibility. He hopes that this creditability that is the guiding principal takes not only DTSB forward but to each and everyone in this City. Councilmember Dieter stated that he will be voting in favor of this bill. 16 REGULAR MEETING JUNE 11, 2007 Councilmember Rouse stated that this is a tough lessoned learned. Everyone has gone through a lot of meetings and back and forth e-mails from various people in the community. The Council knows that it is critical to have a vibrant and vital downtown area. Some other things have come out during this situation such as control and oversight, which affect this Council. He looks at this as an issue that he would rather not have gone through but looks at it also as a learning experience that is going to make this City a better City; this Council a better Council and Downtown South Bend a better place to work, play and live. Councilmember Rouse stated that he looks forward to the future and to forgetting the past. He stated that he would be voting in favor of this bill. Councilmember Puzzello advised that she would like to add that she too is proud of the way this issue was handled by both the Council and DTSB. There has been a lot of honesty and openness in the past few weeks. Councilmember Rouse made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 32-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $167,052 RECEIVED FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SHELTER PLUS CARE GRANT PROGRAM WITHIN FUND 212 COMMi.JN1TY & ECONOMIC DEVELOPMENT FUND Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a meeting this afternoon and after discussing the pros and cons it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mr. John Sellers, Department of Community & Economic Development, 12~` Floor County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Sellers advised that this bill would allow for the appropriation of Shelter Plus Care grant funds received by the City of South Bend for Madison Center and Aids Ministries/Aids Assist. 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. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 33-07 PUBLIC HEARING 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 "COMMi.JN1TY DEVELOPMENT" IN THE DEPARTMENT OF COMIvI[.JN1TY AND ECONOMIC DEVELOPMENT Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a meeting this afternoon and after discussing the pros and cons it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Mayor Stephen Luecke, 14~` Floor County-City Building, South Bend, Indiana, made the presentation for this bill. 17 REGULAR MEETING JUNE 11, 2007 Mayor Luecke advised that this bill would appropriate $500,000 in excess 2006 program income Community Development Block grant funds as part of the 2007 Action Plan of the 2005-2009 Housing & Community Development Plan. This matter is the subject of a 30-day public comment period from May 11 thru June 11. These funds will be used to implement the vacant properties initiative. Anticipated activities under this program are: demolition of vacant, dilapidated structures and accoutrements and the exterior rehabilitation of a vacant commercial structure on Western Avenue. 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. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 34-07 PUBLIC HEARING 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 Councilmember Pfeifer, Chairperson, Personnel & Finance 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. Gary Gilot, Director, Public Works, 13~` Floor County-City Building, South Bend, Indiana, made the presentation on behalf of City Controller Catherine Fanello. Mr. Gilot advised that the City administration has learned that due to delays in billing, the 2006 tax revenues usually payable by June 2007 will be delayed. Therefore, City accounts will be insufficient to meet budgeted and necessary expenses. Under these circumstances, which the City similarly experienced in the past four fiscal years, Indiana Code Section 36-4-6-1 et seq. authorizes the City to borrow funds evidenced by temporary tax anticipation time warrants to meet ongoing expenses. The attached ordinance seeks Common Council approval of such a loan and the issuance of temporary tax anticipation time warrants. Councilmember Rouse asked Mr. Gilot what the interest rate was on the loans Mr. Gilot stated that the Controller did not have that information available and he will report as soon as that information is made available. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 18 REGULAR MEETING JUNE 11, 2007 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. Councilmember Varner 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 Ann Puzzello, Vice-President REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:48 p.m. Council President Tim Rouse presided with six (6) members present. BILLS -THIRD READING ORDINANCE NO. 9756-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1914 MIAMI STREET, COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councihnember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councihnember Dieter seconded the motion which carried by a voice vote of five (5) ayes and one (1) nay (Councihnember Pfeifer.) Additionally, Councihnember Dieter 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 five (5) ayes and one (1) nay (Councihnember Pfeifer) ORDINANCE NO. 9757-07 AN ORDINANCE 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 third reading. Councihnember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councihnember Dieter seconded the motion which carried by a voice vote of six (6) ayes. Additionally, Councihnember Dieter 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 six (6) ayes. 19 REGULAR MEETING JUNE 11, 2007 ORDINANCE NO. 9758-07 AN ORDINANCE 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 FEE, 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 third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9759-07 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 This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes ORDINANCE NO. 9760-07 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 20 REGULAR MEETING JUNE 11, 2007 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 third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. Additionally, Councilmember Dieter made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9761-07 AN ORDINANCE 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 This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. Additionally, Councilmember Dieter made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried. Mr. Ken Peczkowski called for a point of order. He stated that he is calling for the point of order because law allows him to do so. He is referring to the activities of the Council and to he Indiana State Ethics Commission Legal Counsel that he engaged, and on previous precedent set by the New York State Ethic Commission that "any person who has served on the Board of DT SB within the last year should abstain from making any votes regarding appropriations of funds to said organization." Also anyone who has received gratuities in the past from said organization needs to be advised that if they go ahead and vote (aye) in favor of an appropriation, and if the Indiana State Ethic Committee finds that such was a conflict of interest it is a Class D Felony by Indiana State Law. Councilmember Pfeifer asked for clarification what a gratuity is. She stated that she participated in Art Beat and received a t-shirt? Council Attorney Kathleen Cekanski-Farrand advised that the t-shirt is a nominal gratuity. She stated that she does not see that as a conflict. Council President Rouse also made it very clear that he is a member of the board. She stated that she does not see any financial gain that would be gained by either Councilmember and she does not see it as a conflict. This bill passed by a roll call vote of five (ayes) and one abstention (Council President Tim Rouse) ORDINANCE NO. 9762-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $167,052 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SHELTER PLUS CARE GRANT PROGRAM WITHIN FUND 212 COMMUNITY & 21 REGULAR MEETING JUNE 11.2007 ECONOMIC DEVELOPMENT FUND This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9763-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $500,000 OF EXCESS PROGRAM INCOME FUNDS IN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9764-07 AN ORDINANCE 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 third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. RESOLUTIONS BILL NO. 07-73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 721 N. COLLEGE, SOUTH BEND, INDIANA Councilmember Dieter made a motion to continue this bill until the June 25, 2007, meeting of the Council, at the request of the petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of six (6) ayes. 22 REGULAR MEETING JUNE 11, 2007 BILL NO. 07-80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR KEY SB, LLC, THE HINMAN COMPANY Councilmember Pfeifer made a motion to continue this bill until the June 25, 2007, meeting of the Council, at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. RESOLUTION NO. 3758-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACCEPTING THE ADVISORY RECOMMENDATION OF THE BOARD OF PUBLIC WORKS, RATIFYING, CONFIRMING AND APPROVING CERTAIN ACTIONS AND APPROVING THE EXECUTION OF A GUARANTEED ENERGY SAVINGS CONTRACT FOR TRAFFIC SIGNALS WITH JOHNSON CONTROLS, INC. WHEREAS, on February 12, 2007, the Common Council of the City of South Bend ("Council") adopted its Resolution No. 3705-07 thereby appointing the Board of Works ("Board") and the Department of Public Works of the City of South Bend ("Department") as authorized agents of the Council for purposes of meeting the provisions required by IC 36-1-12.5 and other Indiana laws leading up to the fmalreview of and the execution by the Council of a Guaranteed Energy Savings Contract for the use of LED teclmology in mechanized traffic signals; and WHEREAS, on June 11, 2007, the Board adopted its Resolution No. 22-2007 confirming the Board's compliance with IC 36-1-12 and further making its advisory recommendation to the Common Council of the City of South Bend, Indiana of the approval of a Guaranteed Energy Savings Contract for traffic signals with Johnson Controls, Inc., a copy of said Resolution No. 22-2007 attached hereto and incorporated herein as Exhibit 1; and WHEREAS, the Board has heretofore reviewed the proposed form of Guaranteed Energy Savings Contract as attached hereto and incorporated herein as Exhibit A to the Board's Resolution No. 22-2007 and has recommended that the Common Council of the City of South Bend approve and execute an Energy Savings Contract with Johnson Controls, Inc., with such changes as may be suggested by legal counsel with approval of such changes evidenced by the execution and attestation respectfully, of the contract. WHEREAS, the Board has affirmed that the actions referred to in its Resolution No. 22-2007 were undertaken solely at the direction of and as authorized agents to the Council pursuant to the Council's Resolution No. 3705-07 and not on the Board's own behalf; and WHEREAS, the Common Council of the City of South Bend desires to accept the Board's advisory recommendation and to approve and execute the Guaranteed Energy Savings Contract with such changes as may be suggested by legal counsel; and 23 REGULAR MEETING JUNE 11, 2007 WHEREAS, the Common Council of the City of South Bend further desires to ratify, confirm and approve various other actions undertaken to date by the Board and the Department in their respective capacities as authorized agents of the Common Council incidental to the authority granted by Council Resolution No. 3705-07. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that Section 1. The Common Council of the City of South Bend hereby accepts the advisory recommendation of the Board of Public Works of the City of South Bend that the Council approve and execute an Energy Savings Contract with Johnson Controls, Inc. Section 2. The Common Council of the City of South Bend hereby authorizes the execution of the documents as described in this Resolution and as presented at this meeting with such changes as may be suggested by legal counsel with approval of such changes evidenced by the execution and attestation respectfully, of the contract. Section 3. The Common Council of the City of South Bend hereby acknowledges the Board of Public Works assurance and commitment as expressed in the Board's Resolution No. 22-2007 that, upon approval and execution of the Energy Savings Contract by the Council, staff members of the Department of Public Works shall supervise all work done incidental to the Guaranteed Savings Contract concerning traffic signals, including the authorization change orders, shall ensure its continue compliance Indiana law and its continued adherence to the direction expressed in the Council's Resolution No. 3705-07. Section 4. The Common Council of the City of South Bend hereby ratifies, confirms and approves the actions taken by the Board of Public Works and the Department of Public Works of the City of South Bend in their respective capacities as authorized agents to and on behalf of the Common Council pursuant to the Council's Resolution No. 3705-07. Section 5. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Adopted this 11~` day of June, 2007. s/Timothy A. Rouse Attest: s/John Voorde, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the 11~` day of June, 2007, at 12:45 o'clock p.m. s/Janice Talboom Deputy City Clerk Approved and signed by me on the 12~` day of June, 2007, at 5:00 o'clock p.m. s/Stephen J. Luecke, Mayor, City of South Bend 24 REGULAR MEETING JUNE 11, 2007 Mr. Gary Gilot, Director, Public Works, 13~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation far this bill. Mr. Gilot advised that this bill will consummate the energy savings contract for Light Emitting Diode (LED) Traffic Signals. He thanked the Board of Public Works Staff, Professor Doug Hall's class (most notably Patrick Cash) and Councilmember Puzzello who have acted pursuant to the authorization resolution that was approved by the Council in February 2007. The capital improvements to the traffic signals will self fund through energy savings repayments of private lease capital. The project will help lower future energy cost, held the environment and public safety. 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 BILLS -FIRST READING BILL NO. 35-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW SECTION 2-170.10 ESTABLISHING ANON- REVERTING `MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND" This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and 3~d Reading on June 25, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 36-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $203,000 FROM THE COUNTY OPTION INCOME TAX FUND (FUND 404) FOR THE PURPOSE OF CONTINUING THE MAIN/LAFAYETTE CROSSOVER PROJECT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and 3~d Reading on June 25, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 37-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 9672-06 ENTITLED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION AND INSTALLATION OF CERTAIN IMPROVEMENTS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRICT OF THE REVENUES OF SUCH 25 REGULAR MEETING JUNE 11, 2007 SEWAGE WORKS AND OTHER RELATED MATTERS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and 3~d Reading on June 25, 2007. Councilmember Puzzello seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 38-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF NOTRE DAME AVENUE & SORIN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 39-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE REGULATING CONSUMER FIREWORKS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and 3~d Reading on June 25, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 40-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF DOUGLAS ROAD AND ALSO A PART OF LOT 1 OF HARTMAN'S DOUGLAS ROAD MINOR SUBDIVISION, COUNCILMANIC DISTRICT 4 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 Dieter seconded the motion which carried by a voice vote of six (6) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Councilmember Dieter advised that he would like a letter from the Council sent to St. Joseph County Democratic Central Committee endorsing the Council's support for Randy Kelly to fill his father's seat on the South Bend Common Council. A. Updates from Councilmembers serving as representatives on other committees who have met within the last two weeks. Councilmember Charlotte Pfeifer stated that she attended the Area Plan Commission Meeting. 26 REGULAR MEETING JUNE 11, 2007 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 9:17 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 27