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HomeMy WebLinkAbout07/23/07 Council Meeting MinutesREGULAR MEETING JULY 23, 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, July 23, 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 COUNCILMEMEERS: Present: Charlotte Pfeifer Roland "Randy" Kelly Ann Puzzello David Varner Ervin Kuspa Al "Buddy" Kirsits Timothy Rouse Karen L. White Absent: Derek D. Dieter OTHERS PRESENT: 2nd District 3rd District 4th District Vice-President 5th District 6th District At-Large At-Large President At-Large Chairperson Committee of the Whole John Voorde Mary Beth Wisniewski Janice L Talboom Aladean DeRose City Clerk Chief Deputy Deputy City Clerk Assistant City Attorney Absent 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 July 9, 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 July 9, 2007 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3765-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING COACH JOHN WOODEN BY FORMALLY NAMING THE JOHN WOODEN WALKWAY BY THE FORMER CENTRAL HIGH SCHOOL IN HIS HONOR Whereas, the Common Council of the City of South Bend, Indiana, notes that John Robert Wooden was born on October 14, 1910 on his parents' farm near Centerville, Indiana, where they lived with neither running water nor electricity; and 1st District Whereas, in 1924, the Wooden Family went bankrupt and lost their family farm, but these tough years, Coach Wooden would later credit as providing him with the experiences to instill the habits of discipline and hard work, which he would use as the keystone to his most successful coaching career; and REGULAR MEETING JULY 23, 2007 Whereas, the Wooden Family moved to Martinsville, where John Wooden excelled on his high school basketball team, which went to the state championship three (3) years in a row and won twice; and Whereas, John Wooden entered Purdue University to study civil engineering, but graduated as an English major in 1932, while earning a "reputation as a fearless player of dazzling speed"; he made All-American three (3) years; was the Captain of the Purdue Basketball Team in 1931 and 1932, while leading the Boilermakers to two (2) Big Ten Championships and the 1932 National Basketball Championship; all of which won him a place in the Basketball Hall of Fame; and Whereas, in 1933, John Wooden and his bride of one year, Nellie, moved to South Bend, Indiana, where he taught English and coached the basketball team at South Bend Central High School with a record of 218 wins and only 42 losses; and also coached baseball and tennis; while having his coaching career interrupted to serve in the United States Navy during World War II; and Whereas, Coach Wooden is the first person to be inducted into the National Basketball Hall of Fame as both a player & a coach; noting that in his 40-Season All- Time Coaching Record Coach Wooden won 885 games, lost 203 with an overall winning percentage of .813; which included a record of 620-147 at UCLA. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section L On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends and congratulates COACH JOHN R. WOODEN, and are humbled to formally name the JOHN WOODEN WALKWAY BY THE FORMER CENTRAL HIGH SCHOOL IN HIS HONOR, with a press conference having been held on July 6, 2007 with Central High School alumni, teachers, coaches and players in attendance to commemorate this legendary man, who we call our own. Section II The Council notes that Coach Wooden, who developed "The Pyramid of Success" which focuses on "competitive greatness, poise, confidence, conditioning, skill, team spirit, self-control, alertness, initiative, intentness, industriousness, friendship, loyalty, cooperation, enthusiasm and honesty" has touched so many lives and has been an inspiration to thousands, and especially his countless number of friends and South Bend Central High School alumni in South Bend, Indiana. Section III .The South Bend Common Council gratefully honors Coach Wooden, a man of impeccable commitment, conviction and integrity, both on the basketball court and in life, who is truly an inspiration to us all. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, lgt District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3~d District s/Ann Puzzello, 4~` District s/Dr. David Varner, Sd` District s/Ervin Kuspa, 6d` District s/Timothy A. Rouse, At Large s/Al "Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Attorney Attest: Adopted this 23 day of July, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor REGULAR MEETING JULY 23, 2007 Councilmember Timothy Rouse, 605 N. Cherry Tree Lane, 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 Coach Jim Powers. 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. Coach Jim Powers accepted the Resolution on behalf of Coach John Wooden. Coach Powers thanked the Council for this honor. He stated that he is so proud and honored to accept this resolution on behalf of Coach Wooden. He stated that words cannot express the kind of man Coach Wooden is, and his development of "The Pyramid of Success" which focuses on "competitive greatness, poise, confidence, conditioning skill team spirit, self-control, alertness, initiative, intentness, industriousness, friendship, loyalty, cooperation, enthusiasm and honesty' has touched so many lives and has been an inspiration to thousands. Councilmember Kirsits made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:16 p.m. Councilmember Kirsits made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 34-OS PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3400 BLOCK OF NORTHSIDE BOULEVARD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT #3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits made a motion to continue this bill until the August 27, 2007 meeting of the Council. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 42-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF CORBY BLVD. FROM FRANCES STREET TO NOTRE DAME AVENUE FOR A DISTANCE OF 228 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S 2ND ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA REGULAR MEETING JULY 23. 2007 Councilmember Pfeifer made a motion to hear the substitute version of this bill. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner, Chairperson, Public Works and Property Vacation 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. Marta Brummell, 914 W. Notre Dame Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Brummell advised that the purpose of the vacation of the alley is to increase safety in the area. She stated that the alley is utilized as a driveway for homes that border the alley. There are young children which care often playing near the alley on a daily basis. The alleyway has also been noted to facilitate vandalism and other crimes in the area. Ms. Brummel stated that she will record a cross access easement between the property owner and the contiguous property owners. 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 Pfeifer made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Kuspa made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: John Voorde, City Clerk 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 7:20 p.m. Council President Tim Rouse presided with eight (8) members present. BILLS -THIRD READING ORDINANCE NO. 9773-07 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF CORBY BLVD. FROM FRANCES STREET TO NOTRE DAME AVENUE FOR A DISTANCE OF 228 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S 2ND ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA REGULAR MEETING JULY 23, 2007 This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer 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 eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3766-07 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 1425 CLAYTON DRIVE, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to LC. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION L The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1425 Clayton Drive, South Bend, Indiana 46614 In order to permit use as a residential care facility as a respite care home in an SF-1 Single Family Residence District. SECTION IL Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; REGULAR MEETING JULY 23, 2007 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Don Fozo, C.B.O., Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioner Chiara Home, Inc., is seeking a Special Exception for a residential care facility, on property located at 1425 Clayton Drive. The property is zoned "SF 1". The Board of Zoning Appeals held a public hearing on June 21, 2007 and send this bill to the Council with a favorable recommendation. Mr. David Nufer, 16660 Norwich Drive, Granger, Indiana, Chairman of the Board for Chiara Home, Inc., made the presentation for this bill. Mr. Nufer advised that Chiara Home, Inc. provides out-of--home respite care service to families caring for an individual with a developmental disability or other special needs. Chiara Home provides care for persons of all ages, from infants to seniors. Respite care is available at Chiara Home on a daily basis, or overnight, or for a weekend stay. Mr. Nufer stated that the only permanent resident of Chiara Home is Sr. Gretchen Clark, one of the founders of Chiara Home. Guests of Chiara Home may, on occasion, stay at Chiara Home overnight or for a weekend. Chiara Home petitions for approval as a Special Exception in an SF-1 Single Family Residence District to use the property as a residential care facility. 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 Varner made a motion to adopt this Resolution. Councihnember White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 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 Puzzello made a motion to continue this bill until the August 27, 2007 meeting of the Council. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING JULY 23, 2007 BILL NO. 07-89 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2629 FOUNDATION DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF EXTENDING THEIR FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE PRODUCTION INC. AND ITS AFFILIATES Councilmember Kirsits made a motion to continue this bill indefinitely. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 07-90 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 5855 CARBONMILL DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GWSB PROPERTIES, LLC. Councilmember White made a motion to continue this bill indefinitely. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 07-91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS, WITHIN IN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 840 UNITED DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR NELSON DEE, LLC Councilmember Varner made a motion to continue this bill indefinitely. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3767-07 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 624 NORTH NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NOTRE DAME AVENUE, LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area REGULAR MEETING JULY 23, 2007 commonly known as 624 North Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: Parcel L The south 43.00 feet of the west half of lot numbered thirteen (13) as shown on the recorded plat of Sorin's first addition to the Town of Lowell, now within and a part of the City of South Bend, recorded in deed record V, Page 308 and Plat Book 1, Page 53 in the Office of the Recorder of St. Joseph County, Indiana. Parcel IL The south half of the west half of lot numbered sixteen (16) as shown on the recorded plat of Sorin's first addition to the Town of Lowell, now within and a part of the City of South Bend, recorded in deed record V, page 308 and Plat Book 1, page 53 in the Office of the Recorder of St. Joseph County, Indiana. Parcel III: Part of lot numbered sixteen (16) as shown on the recorded plat of Sorin's first addition to the Town of Lowell, now within and a part of the City of South Bend, recorded in deed record V, page 308 and Plat Book 1, page 53 in the Office of the Recorder of St. Joseph County, Indiana. Described as beginning at the northwest corner of said lot sixteen (16), running thence east along the north line thereof 151.40 feet to the west line of an alley; thence south along the west line of said alley 68.64 feet to the south line of the north half of said lot sixteen (16); thence west along said south line of said north half of said lot sixteen 151.4 feet, more or less, to the west line of said lot sixteen (16); thence north along the west line of said lot sixteen (16), 68.64 feet to the place of the beginning. and this property has Tax Key Number 18-5029-1064 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 sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 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: 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; REGULAR MEETING JULY 23, 2007 or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and fmds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VL The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption REGULAR MEETING JULY 23, 2007 by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kelly, Vice 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. Mr. Andrew J. Nemeth, 922 East Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Nemeth advised that Notre Dame Avenue, LLC intends to construct eight single family town homes on the site. Each town home will be two stories with a brick and hardie board exterior. They will have full basements, 3.5 baths, 2 to 4 bedrooms, attached garages and contain 1,800 to 2,200 square feet. The prices of the homes will range between $325,000 and $385,000 for a total project cost of $2,600, 00 to $3,080,000. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS -FIRST READING BILL NO. 43-07 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF NORTHSIDE BOULEVARD, FROM 21sT STREET, EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF DUNN' S 1sT 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 August 13, 2007. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 44-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED "REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" AND AMENDING OTHER SECTIONS OF CHAPTER 14 RELATED THERETO 10 REGULAR MEETING JULY 23, 2007 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community Relations Committee and set it for Public Hearing and Third Reading on August 13, 2007. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 45-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE SOUTH BEND COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2008 This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on August 13, 2007. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 46-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2008 This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on August 27, 2007. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 47-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW SECTION 2-60 CREATING A POLICE PROMOTIONAL PANEL This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on September 24, 2007. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION BILL NO. 31-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 219 CHAPIN STREET, COUNCILMANIC DISTRICT 2 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 August 13, 2007. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. 11 REGULAR MEETING NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no on present wishing to address the Council at this time. ADJOURNMENT JULY 23, 2007 There being no further business to come before the Council, President Rouse adjourned the meeting at 7:40 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 12