Loading...
HomeMy WebLinkAbout04-27-06 Council Meeting Minutes REGULAR MEETING APRIL 27, 2006 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 Thursday, April 27, 2006 at 7:00 p.m. The meeting was called to order by Council President Timothy A. Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District David Varner 5th District Timothy Rouse At-Large President Al “Buddy” Kirsits At-Large Absent: Ervin Kuspa 6th District Karen L. White At-Large Chairperson Committee of the Whole OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the March 27, 2006 and April 10, 2006, meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Kelly made a motion that the minutes of the March 27, 2006 and April 10, 2006, meetings of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS RESOLUTION NO. 3580-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP, JOHN ROY ANNEXATION AREA 1 REGULAR MEETING APRIL 27, 2006 WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 0.77 acres of vacant, unimproved land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 18% contiguous, generally located east of Willis Avenue approximately 440 feet north of Vaness Street. It is anticipated that the annexation area will be developed as a residential subdivision. Such residential use will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, and other non-capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana, be annexed to the City of South Bend: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT #41 IN THE PLAT OF “VANESS PLAT” AS RECORDED IN PLAT BOOK #11, PAGE #13, AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDERS OFFICE, THENCE WEST ALONG THE SOUTH LINE OF LOT 41 AND ITS WESTERLY EXTENSION 260.00 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF-WAY LINE OF WILLIS AVENUE; THENCE NORTH ALONG 2 REGULAR MEETING APRIL 27, 2006 SAID WEST RIGHT-OF-WAY LINE 129.80 FEET MORE OR LESS; THENCE EAST 260.00 FEET MORE OR LESS TO THE NORTHEAST CORNER OF LOT 41 IN SAID PLAT; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 129.80 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.77 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non-capital nature, such as police and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, a storm water system, and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A", as amended, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides, among other things, that the public sanitary sewer network is available with capacity sufficient to service this area; that street lighting, parking and additional streets as needed will be installed at the developer’s expense; and that a street drainage plan will also be planned, provided, and paid for by the developer subject to compliance with state and local law. Section IV. As a condition of annexation the Developer shall incorporate building design elements for the four (4) units directly adjacent to Willis Avenue that might add interest to the western facade of said units to insure that private development will enhance and reinforce the City’s commitment to development and design of the highest possible quality. Section V. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Varner made a motion to hear the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Kirsits, Vice-Chairperson, Zoning and Annexation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Marco Mariani, Assistant Director, Division of Community Development, 1200 County-City Building, 227 W. Jefferson Blvd. South Bend, Indiana, made the presentation for this bill. Mr. Mariani advised that this bill proposes to voluntarily annex contiguous territory in Clay Township to the City of South Bend. The resolution indicates the approval and adoption by the Common Council of the written plan and policy attached thereto 3 REGULAR MEETING APRIL 27, 2006 concerning the provision of services, both capital and non-capital in nature, to the territory to be annexed. This annexation is a .77 acre parcel generally located to the east of Willis Avenue approximately 440’ north of Vaness Street. All public improvements, if any, will be required to be done at the expense of the developer. Mr. Mariani also noted that on page 9 of “Exhibit A” has been revised to reflect the desires of the Council as discussed at the April 24, 2006, committee meeting. Mr. Michael Danch, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, advised that this is a companion bill to Bill No. 07-06 that would allow for the construction of a quadplex, duplex and single family housing. 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 Kirsits made a motion to adopt this Resolution as substituted. Councilmember Puzzello seconded the motion. which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. SUSPENSION OF RULES TO ADD RESOLUTION NO. 3581-06 Councilmember Kelly requested that the Council take special action with respect to a Resolution to allow the purpose of hearing Resolution No. 3581-06 this evening. Councilmember Kelly made a motion to suspend the rules for the purpose of hearing Resolution No. 3581-06. Councilmember Dieter seconded the motion which carried by a roll call vote of seven (7) ayes. RESOLUTION NO. 3581-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING, HONORING AND REMEMBERING FOREVER THE LIFE AND EXEMPLARY LAW ENFORCEMENT CAREER OF CORPORAL SCOTT LEE SEVERNS OF THE SOUTH BEND POLICE DEPARTMENT, PIN 2018 Whereas, the Common Council of the City of South Bend, Indiana, recognizes that more than 800,000 sworn law enforcement officers are currently serving throughout the United States in daily preserving and protecting American lives and properties 24/7 ; and Whereas, Corporal Scott Lee Severns, PIN 2018, of the South Bend Police Department was one of these dedicated and loyal law enforcement professionals who devoted his life and stellar career in the pursuit of fostering public safety throughout our community; and Whereas, the South Bend Common Council proudly recognizes that Corporal Severns was formally sworn in as a South Bend Police Officer on his birthday, June 25th, and became a highly-decorated police officer in his eight-year law enforcement career, which included Corporal Severns receiving four (4) Officer of the Month Awards, the Police Chief’s Award of Valor, the Unit Meritorious Service Award for his dedicated work on the SWAT Team, and he was named the “Police Office of the Year” of the entire South Bend Police Department in 2004; and Whereas, Corporal Severns chosen career-path was one of dedicating his life and his many talents to be a third-generation police officer in his family and he followed the police beat footprints of his father, Dennis Severns, and his grandfather, Herbert Serverns, whose selfless actions in safeguarding the lives and property of others is truly one of the highest callings of patriotic service in our nation. , Nowtherefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: 4 REGULAR MEETING APRIL 27, 2006 Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends, honors and will remember forever the life of CORPORAL SCOTT LEE SEVERNS OF THE SOUTH BEND POLICE DEPARTMENT, PIN 2018, a highly-decorated member of the South Bend Police Department for his exemplary eight-year law enforcement career in serving and protecting the citizens of our community. Section II. The Common Council recognizes that words cannot capture the heartfelt expressions it wishes to convey especially to the family, friends and law enforcement officers of CORPORAL SCOTT LEE SEVERNSa fallen Police Hero, who , faithfully served as part of the “Thin Blue Line” standing between the lawful and the lawless; who will forever be remembered for his valor, courage, dedication and his ultimate sacrifice, so that others would be safe. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/Kathleen Cekanski-Farrand,Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Council President Timothy A. Rouse made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety. 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. Councilmember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:20 p.m., Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Kelly, Vice President, presiding. Councilmember Kelly explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the pubic, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 07-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, JOHN ROY, 54670 WILLIS AVENUE, SOUTH BEND, INDIANA 5 REGULAR MEETING APRIL 27, 2006 Councilmember Kirsits, Vice-Chairperson, Zoning & Annexation Committee, reported that this Committee met on this bill on Monday, April 24, 2006 and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Mr. P.J. Thuringer, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “R” Residential (County) to “MIFF” Urban Corridor Multifamily to allow uses allowed in the Urban Corridor Multifamily District. On Site is one single-family house rezoned “R” Single-Family Residential. To the north are single-family houses zoned “R” Single- Family Residential. To the east is an apartment complex zoned “MF2” High-Density Multifamily. To the south is an access drive connecting Willis Avenue and the eastern apartments zoned “MF2” High-Density Multifamily. On the east side of Willis Avenue there is an auto and tire repair shop zoned “C” Commercial (county). On the west side of Willis Avenue there are single-family houses zoned “R” Residential. The “MF1” Multi- family Residential District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects (including apartment, townhouse or row house style developments) and high density two family dwelling development located along a block face, in developed areas of the community which are served by a full range of public amenities. The site if 0.6 acres or 25,960 square feet in size.Two buildings are shown containing four townhouses each for a total of eight units. The buildings are two stories and cover 8,000 square feet or 31% of the site. One southern driveway will provide access. There are 23 parking spaces with paving covering 28% of the site. Open space-landscaping cover the remaining 41% of the site. In 2002, the County Council rezoned 8.74 acres to the west across Willis Avenue from “R” Residential to “R-2” Multi-family Residential to construct quadplex, duplex and single family houses. The development trend is towards multifamily residential. Willis Avenue contains two lanes within a 60 foot right-of-way. Municipal water and sanitary sewer will serve the site. Variances my be required for the southern access driveway and reducing the front setback from 25 to 5 feet. The Comprehensive Plan: Policy Plan: Goal 3: Objective C: Polity ii: Low Density multi- family and single-family residential lots should not have direct access to arterial streets. Goal 3: Objective D: Encourage population growth within existing service areas. This petition is consistent with the Comprehensive Plan neighborhood policies. The Land Use Plan does not designate this area for a specific land use. Currently the neighborhood is a mix of single family houses and multi-family dwellings, along with some nearby commercial uses. The most desirable use is multifamily development or single family houses. Surrounding property values could be impacted with the rezoning and annexation. It is responsible development and growth in this area to replace older single- family housing stock adjacent to multifamily zoning districts with new multifamily developments. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The rezoning is consistent with the Comprehensive Plan neighborhood policies. It is compatible with the adjacent multifamily zoning districts and land uses. The rezoning promotes infill development on municipal utilities in proximity to a major transportation corridor, State Road 23, with existing retail and personal services. Mr. Michael Danch, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, representing the property owner, Mr. John Roy, made the presentation for this bill. Mr. Danch advised that his client is requesting the approval of an annexation and rezoning to the “MF1” Urban Corridor Multifamily District Classification for his property located at 54670 Willis Avenue, South Bend, Indiana. This Annexation and Rezoning is to allow for the construction of eight town home/villas. Mr. Danch stated that his client believes that this would be an amenity for this area of South Bend that contains a mix of residential type land uses. 6 REGULAR MEETING APRIL 27, 2006 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation, to full Council and set this bill for Third Reading on May 8, 2006. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 12-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 4, CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO HELP CURTAIL THE THEFT OF ALUMINUM, COPPER AND RELATED ITEMS Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Council President Timothy A. Rouse, reported that this Committee met on this bill on Monday, April 24, 2006 and voted to send this amended bill to the full Council with a favorable recommendation. Council Attorney Kathleen Cekanski-Farrand made the presentation for this bill. st Ms. Cekanski-Farrand stated that this bill is sponsored by Councilmember Dieter, 1 District, Councilmember White, Chairperson, Health and Public Safety Committee, and Councilmember Puzzello, Vice-Chairperson, Health and Public Safety Committee. The original bill was filed with the Office of the City Clerk on February 22, 2006, and since that time the Health and Public Safety Committee has had four extensive committee hearings held on March 22, 2006, March 27, 2006, April 10, 2006 and April 24, 2006. During those meetings and all of those minutes are available for public inspection there was testimony that was provided by several members of the South Bend Police Department as far as why the proposed regulations are needed.In addition to that, Councilmember Dieter provided police reports with regard to thefts of copper, aluminum siding, and we have had several reports in the South Bend Tribune with regard not only to those items but also the increasing theft of manhole covers in the City. In light of the information that was provided at the four Health and Public Safety Committee meetings, there is rational basis for the proposed regulations to go forward. It additional the Councilmember’s have taken an extensive amount of time to allow an opportunity for discussion not only with those individuals many of which are here this evening that are currently licensed as a operator in the trash or recycling business, concerned residences and two of the Councilmember’s will have additional comments with regard first hand visits that they made to at three of the operations in South Bend. To highlight some of the major items in this bill. There has been a clarification of the definitions throughout the ordinance. Secondly, in light of the extensive regulations that are set forth by the environmental protection agency, IDEM, Indiana Department of Environmental Management, as well as the Solid Waste Management Board. They are recommending that the transfer stations which have been in the ordinance since 1988 be excluded. The proposed bill also streamlines the overall licensing process by eliminating the Board of Public Works which basically carrying on a miniscule currently. It would update the terminology which is referring to the zoning code and would reflect the new terms that reflect in the new zoning laws which were adopted last year. For the first time the Department of Administration and Finance would be permitted to issue interim licenses for the period of sixty days. Those are typically in situations where they may be a fence problem, where they need additional time to correct fencing, in light of the inclement weather during the winter months. The bill proposes to raise the yearly license from $190.00 to $250.00 to address the actual cost that are incurred by the City of South Bend in order to properly regulate in this area and to provide various inspections that need to be 7 REGULAR MEETING APRIL 27, 2006 done. The bill calls for a one page which is basically half a page when you go through the requirements of anyone that would like to give over any items which fall into the ferrous or non-ferrous area, excluding any aluminum cans or tin cans for transaction that are less than $100.00 that they would received.She stated that they are also requiring a thumb print and it should be noted that the State of California and the State of Hawaii have used thumbprints, particularly the State of California since 1985 as a requirement just to get a drivers license, in light of some of the concerns that were raised. It also provides for an exemption for municipalities that bring in vehicles for scrapping from the form requirements in light of the other extensive forms that they have to provide. It delays the enactment of the video surveillance equipment that they are recommending until September 1, 2006, so then we can continue the dialogue with the all of the businesses in the area. The form that would be used if the Ordinance would go forward this evening would be developed by the Department of Administration and Finance, since that is the City Agency which has the authority through the Controller Office to issue licenses for the City. With regard to the thumbprint, there are 38 states that have utilized for the past several years, the thumbprint signature program. Which has been upheld in 38 of the States that are currently using it. It is used in the State of Indiana. It involves using a touch pad that looks similar to an ink pad; however, there is no ink or residue that would be left on either the persons thumb or their clothing. It is inkless and the pads run about $3.35 and can have the capability of 1,300 imprints that could be used. There have been proactive communications again with the South Bend Police Department that in the event that the South Bend Common Council would go forward this evening in passing this bill, that they would work together to implement a business watch where all business that would be required be licensed under this ordinance would automatically receive by e-mail and voice mail alerts from the South Bend Police Department when they have been made aware of any reported thefts of ferrous and non-ferrous items. The Councilmember's had the opportunity to heard the comments both favorable from the Department of Code Enforcement as well as the Department of Law on this bill. Councilmember Kirsits stated that last Friday, Councilmember Dieter and Council Attorney Kathleen Cekanski-Farrand, toured several of the scrap metal dealers/recycling centers. He stated that he learned about scrap metal. This is a very serious problem, each company had a little different way that they handle it, but asking for some kind of identification from people that are going to be brining in material, is important to have. During the discussion in the Council Committee meetings, the Council has a better understanding the business aspect of scrapping. The price of metals goes up and down within days and the Council does not want to hinder the small businesses, however, when the Council toured the neighborhoods this past month, there was a dump truck loaded with aluminum siding stripped from a house, not knowing whether it was legal or illegal is the problem. Councilmember Varner stated he does not believe that this bill is the total answer. It might slow down the illegal theft of aluminum, copper and related items. This bill may may it unprofitable not for the businesses but the thieves, it can be felt that some good has come out of this bill. He stated that this bill has evolved and believes that maybe some good will come with continued dialogue with the businesses. 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 was no one present wishing to speak to the Council in favor of this bill. The following individuals spoke in oppositions to this bill. Mr. David Mirkin, Attorney at Law, 112 W. Jefferson Blvd., South Bend, Indiana, spoke in opposition to this bill. He thanked the Council for the dialogue that they have had. They have gone to a lot of trouble to listen to the needs of the businesses and are very appreciative of that. The comments that have been heard tonight for example, a continued dialogue as the Council and the businesses continue to work on this problem. Mr. Mirkin stated that his client South Bend Scrap has been concerned about this bill and thanked the Council for 8 REGULAR MEETING APRIL 27, 2006 modifying this ordinance to reflect the concerns of his client. There are three concerns that they wish were not there and are going to be tough to live with.The first is the most complicated licensing program in town. This ordinance adds another agency, the Police Department, to the licensing process and this concerns his client that it is going to make it more complicated. Secondly, the thumbprint process is another complication. Mr. Mirkin stated that any given Saturday, his client may have 200 to 300 people coming in; it is going to be really tough to get thumbprints from that many people. It sounds really easy, but in the real world it is going to be tough. The other issues is the record keeping that this ordinance calls for pertaining to the metals under $100.00 is different than the record keeping that the state statute calls for the metals over $100.00. It is common sense that when a business has to keep to types of records instead of just one this is a problem. They would like to see uniformity in this issue. Mr. Mirkin reiterated that South Bend Scrap looks forward to continue dialogue with the Council regarding this bill, no matter what the outcome is tonight, to work to modify this bill so that it is a workable bill. Mr. Robert Heslop, advised that the Council needs to be commended on their efforts to stand up and do something about metal thefts in South Bend. He stated that the Council has a great deal on its plate and he now senses that the consensus among the members is to push these amendments through because this thing has gone on long enough. Mr. Heslop stated that this is no way to legislate. He stated that there are two items in these amendments that need to be readdressed that would trigger the greatest financial damages. The first is the holding period. Even 1 day is impossible for all material, but we can hold any suspicious material and possibly even longer if required, take photos and post on a Theft Alert Network. The second is the thumb printing. We have had many customers tell us that they think this violates their right to privacy and they will not do it. Mr. Heslop stated that he would happily comply with the surveillance requirement, the photo identity as well as the license number and form if required, but the holding time and thumb printing are without doubt, excessive and restrictive and will cause financial damage. He encourages the Council to consider striking these two items from the bill even if just for a temporary time. Mr. Mike Morris, 1420 South Walnut, South Bend, Indiana, extended his condolences to the South Bend Police Department on the loss of Cpl. Scott Severns. Mr. Morris stated that crime is a problem in this City and it cannot be tolerated. He applauded the Council for dealing with all crime including this one with scrap. He would like to see the forms and the processes are more streamlined and do not cause an undue burdened to the businesses while still maintaining the databases that are required to effectively take criminals off the street. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Ms. Cekanski-Farrand stated that she had the opportunity to talk with Mr. Morris this morning and assured him that the Controller’s Office as well as the Council will work together with the businesses on the software and the forms. She thanked the representatives from South Bend Scrap and all of the businesses that e-mailed the Council and assured them that the open-door policy will continue. If Councilmember White were here tonight, she would be telling you that she will make a commitment to continue monitor this, so again, please feel free to contact her as Chairperson of the Health and Public Safety Committee, also Councilmember Puzzello is the Vice- Chairperson of the Health and Public Safety Committee. Councilmember Varner asked for a point of clarification regarding that the same paperwork for the materials under $100.00 would be used and almost the same as the State with regard to the reporting form. Council Attorney Kathleen Cekanski-Farrand stated that it is very close, what was provided at the last meeting was a copy of both the State Form and then a copy of our form again the thumbprint is different, we do not require the social security number the State does require the social security number. Our form asks for the location of where the ferrous and nonferrous materials came from. 9 REGULAR MEETING APRIL 27, 2006 Councilmember Rouse advised that at the last Council Committee Meeting, Councilmember Pfeifer challenged the owners to come up with a plan. He commended those businesses that met that challenge and he is confident that with continued dialogue between all parties involved that they will work out the concerns that were brought up here tonight. Councilmember Pfeifer did a wonderful article in pointing out publicly some of the things that are going on in our neighborhoods. The Council has a responsibility to do something, we are legislators and people don’t realize that one of the biggest jobs that Councilmember’s have the responsibility to make laws and tweak laws and to make sure that things are updated. She stated that this is something that they take very seriously. She noted that the Council is going to get a lot more involved and take an active role as it pertains to the City’s neighborhoods. That is part of what the Council is supposed to do. She stated that she cares about businesses too, and they respect and appreciate the difficulty change brings. But the City and the neighborhoods are dependent on the Council taking an active role. Councilmember Pfeifer made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 19-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 5, SECTION 17-29 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AUTHORIZATION TO ENTER INTO SPECIAL RATE CONTRACTS FOR SEWER SERVICE Councilmember Puzzello made a motion to continue this bill until the May 8, 2006, meeting the Council. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 24-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-8 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SUB-PARAGRAPH (Q) ADDRESSING PROXY VOTING IN LIMITED CIRCUMSTANCES BY MEMBERS OF THE COMMON COUNCIL Councilmember Puzzello made a motion to continue this bill indefinitely. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Pfeifer made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by voice vote of seven (7) ayes. 10 REGULAR MEETING APRIL 27, 2006 ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Roland Kelly, Vice-President 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 8:40 p.m. Council President Timothy A. Rouse presided with seven (7) members present. BILLS - THIRD READING ORDINANCE NO. 9673-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 4, CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO HELP CURTAIL THE THEFT OF ALUMINUM, COPPER AND RELATED ITEMS This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS RESOLUTION NO. 3577-06 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 1142 E. SORIN, 1624 DUNHAM, 2221 SMITH, 616 AND 620 WALNUT, AND 105, 109 AND 113 CARLISLE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has 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 areas commonly known as 1142 E. Sorin, 1624 Dunham, 2221 Smith, 616 and 620 Walnut, and 105, 109 , and 113 CarlisleSouth Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: st 1142 E. Sorin Lot 12 Park Place 1 Addition 18-5082-2862 st 1624 Dunham Lot 9 Gorsuchs 1 18-4001-0005 2221 Smith Lot 39 Hollowell and Smith 18-2025-0800 Subdivision of Lot 7 K & M Addition 11 REGULAR MEETING APRIL 27, 2006 st 616 Walnut Lot 51 Orchard Heights 1 18-1037-1614 st 620 Walnut Lot 52 Orchard Heights 1 18-1037-1613 105 Carlisle Lot 123 Oak Grove 18-2021-0648 109 Carlisle Lot 122 Oak Grove 18-2021-0645 113 Carlisle Lot 121 Oak Grove 18-2021-0642 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A.The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Councils jurisdiction. = SECTION III. The Common Council also hereby determines and finds the following: 12 REGULAR MEETING APRIL 27, 2006 A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and 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 VI. 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 be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill on Monday, April 24, 2006 and voted to send it to the full Council with a favorable recommendation. Mr. Michael Cochran, Construction Assistant, Habitat for Humanity, 402 E. South Street, South Bend, Indiana, made the presentation for this bill. Mr. Cochran stated that Habitat for Humanity is preparing to build new homes on this site. The homes will be between 1,120 and 1,344 square feet in size. They will have three or four bedrooms and one or one and three-quarter bathrooms. Each home will be built on a crawl space. Habitat will use volunteer labor and donated materials to build the homes which will be sold to qualified low income families. The approximate cost of 13 REGULAR MEETING APRIL 27, 2006 each home will be $65,000. The total estimated dollar value of the project is $520,000.00 This project helps promote future improvements and development in the area. 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 Pfeifer made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3578-06 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 2820 VIRIDIAN DR. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MACK TOOL & ENGINEERING, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South , Bend, Indiana, requesting that the area commonly known as 2820 Viridian Dr. South Bend, Indiana, and which is more particularly described as follows: Parcel of land, in the Southeast quarter of Section 28 of the Airport . Industrial Park containing approximately 1.75 acres and which has Key Number 25-1010-040029 designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; 14 REGULAR MEETING APRIL 27, 2006 d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. 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 VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill on Monday, April 24, 2006 and voted to send it to the full Council with a favorable recommendation. Mr. Paul Hartz, 15722 Sunrise Trail, Granger, Indiana, made the presentation for this bill. Mr. Hartz advised that Mack Tool & Engineering is a prototype and experimental precision machining parts business in the aerospace and medical industries. The new equipment a Mazak Variaxis, two Mazak Intregrex 200’s, a ADF washer, three Haas Mini Mills, and two palleting systems. With the addition of this new equipment Mack Tool & Engineering will increase their productivity capacity approximately 25%. The expansion of capacity will generate additional revenue and create five new jobs. It is estimated that the cost of the new equipment will be $2,000,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 15 REGULAR MEETING APRIL 27, 2006 RESOLUTION NO. 3579-06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/TRANSFER STATION LICENSES FOR CALENDAR YEAR 2006 FOR TREADSTONE LLC PURSUANT TO §4-51 OF THE SOUTH BEND MUNICIPAL CODE Whereas, the Common Council of the City of South Bend, Indiana, notes that South Bend Municipal Code Section 4-51 of the sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers, recycling operations and transfer stations; and Whereas, the Common Council notes that on March 27, 2006 the Office of the City Clerk received a memorandum from the Clerk of the Board of Public Works stating that at the February 27, 2006 meeting of the Board of Public Works, it recommended favorably that the following business be approved for a license for the 2006 calendar year: Treadstone LLC Located at 445 North Sheridan Whereas, the Council further notes that the license applications for each of the above- referenced business received “favorable recommendations from Code Enforcement, Fire Department, Water Works and the Legal Department” as set forth in the attached letter from the Clerk. , Now, Therefore, be it resolved by the Common Council of South Bend, Indiana, as follows: Section I. The license applications for the following business is approved based upon the satisfactory review of the properties by the Department of Code Enforcement, Water Works and the Fire Department Prevention Bureau, as well as the favorable recommendation of the Board of Public Works at its Board meeting of February 27, 2006, as evidence by the Board’s communication to the Office of the City Clerk dated March 27, 2006: Treadstone LLC Located at 445 North Sheridan 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/Timothy A. Rouse Member of the Common Council Councilmember Charlotte D. Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee met on Monday, April 24, 2006 and send this bill to the Council with a favorable recommendation. Mr. Gary Gilot, President, Board of Public Works, 1300 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that the Board of Public Works at its regular meeting held on February 27, 2006, approved forwarding all License Applications for Scrap Metal Dealers/Junk Dealers/Recycling Operations/Transfer Station to the Council attention once they have been approved. Mr. Gilot stated that Treadstone LLC, 445 North Sheridan has been favorable recommended and approved. A Public Hearing was held on the Resolution at this time. 16 REGULAR MEETING APRIL 27, 2006 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 seven (7) ayes. BILLS – FIRST READING BILL NO. 26-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $142,632 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S SHELTER PLUS CARE GRANT PROGRAM WITHIN FUND 212 - COMMUNITY DEVELOPMENT FUND This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on May 8, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 27-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR ENACTMENT OF PARK RULES This bill had first reading. Councilmember Dieter made a motion to refer this bill to the PARCS Committee and set it for Public Hearing and Third Reading on June 12, 2006. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 28-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on May 22, 2006. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 29-06 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING GENDER IDENTITY AND SEXUAL ORIENTATION 17 REGULAR MEETING APRIL 27, 2006 This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel & Finance Committee and set it for a Committee Meeting on May 8, 2006 and Public Hearing and Third Reading on May 22, 2006. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS A. APPEAL OF DENIAL OF CERTIFICATE OF APPROPRIATENESS NO. 2005-1029A BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF SOUTH BEND PROPERTY LOCATED AT 2300 PORTAGE AVENUE, SOUTH BEND, INDIANA Councilmember Puzzello made a motion to continue this bill at the request of the petitioner until the June 12, 2006 meeting of the Council, with cut off for filing at 12:00 (noon) on June 9, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. B. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 15-06 – REZONING VARIOUS PROPERTIES NEAR BOSCH CORPORATION Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set this bill for Public Hearing and Third Reading on May 8, 2006. Councilmember Dieter seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS Councilmember Puzzello stated that on April 17, 2006, she attended the Neighborhood Resources and Technical Service Board at the Westside Partnership Center on Pulaski Street. 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 8:10 p.m. ATTEST: ATTEST: ___________________________ ___________________________ John Voorde, City Clerk Timothy A. Rouse, President 18