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HomeMy WebLinkAbout05-23-11 Common Council Meeting Minutes REGULAR MEETING MAY 23, 2011 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, May 23, 2011 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Thomas LaFountain 3rd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large, Chairperson Committee of the Whole Karen L. White At-Large Absent: Henry Davis, Jr. 2nd District OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk 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 9, 2011 Meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember White made a motion that the minutes of the May 9, 2011 Meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS BILL NO. 11-38 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE JOHN ADAMS HIGH SCHOOL’S THE RUCKUS FOR ND WINNING THEIR 2 NATIONAL HIGH SCHOOL MOCK TRIAL CHAMPIONSHIP Whereas, retired U.S. Supreme Court Justice Sandra Day O’Connor noted that the High School Mock Trial program is aimed to “stimulate and encourage a deeper understanding and appreciation of the American legal system” by providing an opportunity for students to learn about the judicial system through a hands-on experience, when she opened the 2011 Award Banquet in downtown Phoenix early this month; and 1 REGULAR MEETING MAY 23, 2011 Whereas, through mock trials, high school students gain an understanding of society’s approach to dispute resolution and justice through an experiential learning opportunity where they can acquire skills in critical thinking and reasoning, oral advocacy, team work and citizenship involving a hypothetical case where mock trial team members compete in actual courtrooms and display their knowledge; and Whereas, the Common Council of South Bend, Indiana, is proud to recognize that 48 teams from 43 states, Guam, Commonwealth of Northern Mariana Islands, South Korea, and Australia competed with John Adams High School Mock Trial Team, with , The Ruckuswinning the 2011 National High School Mock Trial Championship & this th year representsJohn Adams 11 straight Indiana State Championship; and Whereas, the Common Council would especially like to publicly recognize all of , the members of the Adam’s The Ruckusnamely: , Geoff Burdell Jeremy Doyle Toby Stoner John ScanlanCoach , Matt Caponigro Czesia Eid Heath Weaver, Faculty Sponsor Erin LinderCoach , , Peter Doyle David Kern Maria CaponigroTime Keeper Andrew JonesCoach , Lucas BurkettCoach Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby congratulates each and every member of the John Adams High , School Mock Trial Teamcalled The Ruckus for winning the 2011 National High School Mock Trial Championship in Phoenix, Arizona. Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of the students on The Ruckushas enabled each of these dedicated and talented individuals to be excellent role models for all students throughout our country; and each team member has brought the highest of honors to themselves, their family and friends, John Adams High School, the South Bend Community School Corporation, and all of the residents of the City of South Bend, Indiana. Section III . The Ruckus follow in the footsteps of Adams winning the 2009 th National Title, with this year’s championship marking the 10 time that an Adams High School Mock Trial Team has finished in the top 10 nationally. The Common Council is proud to celebrate with you and congratulate each of you. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney rd Attest: Adopted this 23 day of May, 2011 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Tom LaFountain, 1224 Longfellow, 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 the members of the John Adams High School Mock Trial Team. 2 REGULAR MEETING MAY 23, 2011 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. Heath Weaver, 1701 E. Wayne Street, South Bend, Indiana, Adams High School Facility Sponsor, thanked the Council for this honor. Mr. Weaver advised that he is proud of this group of talented and dedicated students. He stated that their hard-work, discipline, and dedication served as role models for all students throughout the South Bend Community School Corporation and the country. Stephanie Spivey, 812 Dutch Ct., South Bend, Indiana, stated that she is speaking on behalf of the South Bend Community School Corporation Board. Ms. Spivey advised that the students of the John Adams High School Mock Trial Team have brought the highest of honors not only to themselves but the entire school corporation. She congratulated the team, sponsor and coaches for a job well done. Councilmember Oliver Davis made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Kirsits made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Rouse, Chairperson, presiding. Councilmember Rouse 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 Rouse stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 13-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 14-11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX. 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX. 410 FT.) Councilmember Puzzello made a motion to combine Bill Nos. 13-11 and 14-11 for purposes of Public Hearing. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. 3 REGULAR MEETING MAY 23, 2011 Councilmember Oliver Davis, Vice-Chairperson, Zoning & Annexation Committee, reported that this committee held Public Hearings on these bills this afternoon and sends them to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that she is presenting on Bill No. 13-11. She stated that the petitioner is requesting a zone change from O Office District & MU Mixed Use District to SF2 Single Family and Two Family District to allow a parochial high school. She noted that on site is vacant. The buildings of the former St. Joseph Regional Medical Center were recently demolished. To the north are medical office buildings zoned O Office District. To the east are vacant properties and the Women’s Care Center all zoned MU Mixed Use District. To the south is a Family Dollar zoned MU Mixed Use District. To the south across LaSalle Street is a property management office and a vacant gift shop both zoned MU Mixed Use District. To the west are parking lots used by the former hospital, and a few single family homes zoned MU Mixed Use District. The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. No site plan is required for a rezoning to a residential district. According to the 1966 aerial maps, the hospital and parking areas were primarily located within the northeast corner of the property while many single-family residential uses were apparent within the southern half of the property. St. Peter Street and Madison Avenue traversed the site at this time. In 1983, the St. Joseph Regional Medical Center rezoned the property to the B Residential and G Height & Area District to all allow for the expansion of the original hospital. This expansion was completed by 1986 and included the razing of several of the original hospital structures and an expansion of the campus to the west and south. Several of the residential uses to the south were also razed and converted to parking areas for the hospital. Between 1986 and 1993, the campus completed its final expansion before its relocation. All the adjacent rights-of-way are two lane local streets. Per the 2035 MACOG Transportation Plan, there are no plans for any expansion (added travel lanes) to these streets. The nearest traffic counts were taken at St. Louis Boulevard north of Madison Avenue and at LaSalle Avenue east of St. Louis Boulevard and revealed counts of 2,537AADT (1994) and 11,781 AADT (2010), respectively. The site will continue to be serviced by City of South Bend sanitary sewer and water. The Department of Community and Economic Development supports this rezoning petition. The County Surveyor had no comment, and the City Engineer had no objection. The Building Department informed the petitioner that several developmental variances and a special exception to allow for off-site parking will be required. These petitions are anticipated to be submitted to the Area Board of Zoning Appeal for th consideration at their May 4 meeting. This rezoning petition meets the educational objective and associated polices with the City of South Bend’s Comprehensive Plan, City Plan. The proposed use meets the Northeast Neighborhood Development Area Plan’s objective of stimulating private sector investment within the neighborhood, including new construction, rehabilitation, and the reuse of vacant or underutilized land, buildings, and facilities. The most desirable use of the property, as identified with City Plan, is mixed use that is compatible within the context of the neighborhood. The surrounding property values should not be affected by the approval of rezoning since the proposed use is not a higher intensity use than its prior use as a regional medical facility. Furthermore, the redevelopment of this prior brownfield site is a positive investment within the neighborhood and may act as a further catalyst for additional investment. It is responsible growth and development to allow for the redevelopment of an underutilized and vacant property for a private parochial high school. The proposed use is not incompatible with the mixed uses located within the area. Based on information available prior to the public hearing, the staff recommends that this rezoning petition be sent to the Common Council with a favorable recommendation. The reuse of a recently abandoned regional medical facility for a parochial high school is compatible with the adjacent mixed uses and will be a positive investment in the neighborhood. 4 REGULAR MEETING MAY 23, 2011 Mr. Michael Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation for Bill Nos. 13-11 and 14-11, on behalf of Saint Joseph Regional Medical Center-South Bend Campus, Inc. Mr. Danch advised that they are requesting the approval of a vacation petition for the first east-west alley south of Cedar Street between Hill Street and St. Louis Blvd., approximately 344 feet; and the first north-south alley east of Hill street between Cedar Street and Madison Street approximately 410 feet situation in the Original Town of Lowell to the City of South Bend, Indiana and the Rezoning for the 600 Block of Notre Dame Avenue, South Bend, Indiana to allow for the proposed construction of St. Joseph High School. Mr. Danch noted that both bills are part of the same project. 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 individual spoke in favor of this bill. Mr. Gary King, 730 N. Hill, South Bend, Indiana, stated that he is in favor of this bill. Mr. King advised that this project would be a good reuse of the property. He urged the Council’s favorable consideration of these bills. There was no one else present wishing to speak to the Council either in favor or in opposition to the bill. Councilmember Dieter made a motion to send Bill No. 13-11 to the full Council favorably. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Dieter made a motion to send Bill No. 14-11 to the full Council favorably. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 19-11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: LINCOLNWAY WEST FROM MAYFLOWER ROAD EAST APPROXIMATELY 1,400 FEET 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. John Schalliol, Executive Director, South Bend Regional Airport, 4477 Progress Drive, South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that he is requesting the vacation of a portion of Lincolnway West lying within the City of South Bend, Indiana. He stated that the purpose of the vacation of the real property is the relocation of Lincolnway West due to airport expansion. He stated that the original Lincolnway West is adjacent and within the airport property. Mr. Schalliol advised that it is in the best interest of the City of South Bend and the airport to vacate this property. 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 Oliver Davis made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 5 REGULAR MEETING MAY 23, 2011 BILL NO. 20-11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF MICHIGAN ST., FROM DAYTON ST. SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 137 FEET AND A WIDTH OF 14 FEET 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. Michael Smith, 19448 Roosevelt Road, South Bend, Indiana, made the presentation for this bill. Mr. Smith stated that he along with Randy and Tina Gilleand are the owners of 114 E. Dayton Street. Mr. Smith advised that the purpose of the vacation is to be able to fence in the yard and also to get cars off the street and improve the look of the yard. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Maggie Alonzo stated that she is in full agreement of the vacation. There being no one else 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 Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 23-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $177,000 WITHIN PARKS & RECREATION FUND #201 FOR GRAFFITI REMOVAL ACTIVITIES Councilmember White, Chairperson, Health & Public Safety Committee, reported that this Committee held a joint hearing with Councilmember Puzzello, Chairperson, PARC Committee, and voted to send this bill to the full Council with a favorable recommendation. Phil St. Clair, Director, Park Department, 321 Walter Street, South Bend, Indiana, made the presentation for this bill. Mr. St. Clair advised that this bill would allow for the establishment of a graffiti removal team, under the supervision of the Parks & Recreation Division, as well as the procedural concept to be used within the city units for identification, communication and removal actions of graffiti on public and private property within the city. Mr. St. Clair advised that the 2011 budget does not contemplate the costs associated with the creation and operation of a graffiti removal team and therefore it is necessary to request this additional appropriation in the Parks & Recreation Fund #201 in the amount of $177,000 for the necessary start-up costs and operation costs in fiscal year 2011. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Varner asked how many new positions would be created. Mr. St. Clair advised that there would be one (1) full time employee and two part-time employees during the summer. 6 REGULAR MEETING MAY 23, 2011 th Councilmember Oliver Davis stated that he is the representative in the 6 District and while graffiti is a problem over the entire city, he is grateful for the creation of the graffiti removal team. He stated that his area has seen a significant increase in graffiti. He thanked Mr. St. Clair for taking on this task and looks forward to working with him to remove the unsightly graffiti. 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 Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 24-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $215,000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND 416) FOR THE RENOVATION AND RESTORATION OF WINDOWS, DOORS, RESTROOMS, EXTERIOR NORTH WALL, AND ARCHITECT & ENGINEERING FEES Councilmember Puzzello, Chairperson, PARC 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. Dennis Andres, Executive Director, Morris Performing Arts Center, 211 N. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Andres advised that this bill would allow for the appropriation of $215,000 with the Morris Performing Arts Center Improvement Fund #416. Revenues from this fund are generated by a ticket surcharge and the fund is used exclusively for capital improvements such as renovation, remodeling, and specifically here, to support a portion of the total expense for the renovation and restoration of the Morris Performing Arts Center windows, doors, restrooms, exterior north wall, and architect & engineering fees. The balance of funding required will be forthcoming from an appropriation request for TIF funds. 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 Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 25-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $3,100 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET ENVELOPES Councilmember Puzzello, Chairperson, PARC 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. 7 REGULAR MEETING MAY 23, 2011 Mr. Dennis Andres, Executive Director, Morris Performing Arts Center, 211 N. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Andres advised that this bill would allow for the appropriation of $3,100 within the Morris Performing Arts Center and Palais Royale Market Fund #273. Revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Mr. Andres advised that pursuant to Ordinance No. 9768-07, the Morris Performing Arts Center has solicited and secured the necessary funding to cover the cost of manufacturing and printing 50,000 Morris Box Office Ticket Envelopes. He stated that they are requesting the required funds be released from Fund #273 for the purchase of said ticket envelopes. 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 Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 26-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING A MORRIS PERFORMING ARTS CENTER/PALAIS ROYALE BALLROOM BOX OFFICE AGENCY FUND (#725) Councilmember Puzzello, Chairperson, PARC 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. Dennis Andres, Executive Director, Morris Performing Arts Center, 211 N. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Andres advised that the Morris Performing Arts Center and Palais Royale Ballroom collect certain revenue payments and deposits in advance of events at the facility. From these receipts, certain event expenses are paid to promoters and other vendors. Upon completion of the event, an event accounting settlement is prepared and the new revenue or profit is realized by the City and transferred to the General Fund or other appropriate City fund. During the recent audit of the City by the State Board of Accounts, it was discussed with City Administration that it may be beneficial to set up a separate “agency” fund to account for these transactions. An agency fund is a common governmental fund type that is used to account for monies that are collected for and remitted to other entities (i.e. payroll tax withholding). An agency fund does not record revenue and expenditures and, thus, is not subject to annual appropriation. An agency fund records only cash and liability transactions. Mr. Andres stated that it is in the best interest of the City of South Bend to establish a Morris Performing Arts Center/Palais Royale Ballroom Box Office Agency Fund 725. The new fund 725 will be a non-reverting fund and may earn interest on outstanding cash balances which will be used to offset bank charges, with any remaining amounts distributed to the General Fund or other appropriate City fund. Fund #725 will not be subject to appropriation by the City of South Bend Common Council but will be reported in the City Controller’s Cash Report, the City and Town Annual Report and other similar accounting reports. 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 Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 8 REGULAR MEETING MAY 23, 2011 RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Timothy Rouse, 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 7:55 p.m. President Derek D. Dieter presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 10085-11 AN ORDINANCE THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10086-11 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX. 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX. 410 FT.) This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 9 REGULAR MEETING MAY 23, 2011 ORDINANCE NO. 10087-11 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: LINCOLNWAY WEST FROM MAYFLOWER ROAD EAST APPROXIMATELY 1,400 FEET This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10088-11 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF MICHIGAN ST., FROM DAYTON ST. SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 137 FEET AND A WIDTH OF 14 FEET This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10089-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $177,000 WITHIN PARKS & RECREATION FUND #201 FOR GRAFFITI REMOVAL ACTIVITIES This bill had third reading. Councilmember Rouse made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10090-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $215,000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND 416) FOR THE RENOVATION AND RESTORATION OF WINDOWS, DOORS, RESTROOMS, EXTERIOR NORTH WALL, AND ARCHITECT & ENGINEERING FEES This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10091-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $3,100 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET ENVELOPES This bill had third reading. Councilmember Rouse made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 10 REGULAR MEETING MAY 23, 2011 ORDINANCE NO. 10092-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREATING A MORRIS PERFORMING ARTS CENTER/PALAIS ROYALE BALLROOM BOX OFFICE AGENCY FUND (#725) This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS BILL NO. 11-28 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 700 WEST IRELAND ROAD, SOUTH BEND, IN 46614 Councilmember Kirsits made a motion to continue this bill until the June 13, 2011 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 11-30 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1019 TALBOT AVENUE AND 1023 TALBOT AVENUE, SOUTH BEND, IN 46617 Councilmember Oliver Davis made a motion to continue this bill until the June 13, 2011 meeting of the Council. Councilmember Varner seconded the motion which carried by voice vote of eight (8) ayes. BILL NO. 11-36 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTIES LOCATED AT 413 ST. LOUIS STREET, 417 ST. LOUIS STREET, 425 ST. LOUIS STREET, 418 HILL STREET, 428 HILL STREET AND 420 HILL STREET, ALL IN SOUTH BEND, INDIANA BILL NO. 11-37 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTIES LOCATED AT 327 ST. LOUIS STREET, 333 ST. LOUIS STREET, 325 ST. LOUIS STREET, AND 336 HILL STREET, ALL IN SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to combine Bill Nos. 11-36 and 11-37 for purpose of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. 11 REGULAR MEETING MAY 23, 2011 RESOLUTION NO. 4103-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTIES LOCATED AT 413 ST. LOUIS STREET, 417 ST. LOUIS STREET, 425 ST. LOUIS STREET, 418 HILL STREET, 428 HILL STREET AND 420 HILL STREET, ALL IN 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 I.C. 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 I. 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: (413 St. Louis Street, 417 St. Louis Street, 425 St. Louis Street, 418 Hill Street, 428 Hill Street and 420 Hill Street, all in South Bend, Indiana In order to permit: The approval of a Special Exception to allow for off-site parking lot for properties located at 413 St. Louis Street, 417 St. Louis Street, 425 St. Louis Street, 418 Hill Street, 428 Hill Street and 420 Hill Street all in South Bend Indiana per Section 21-03.02 (2) (D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-Site Parking.) SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 12 REGULAR MEETING MAY 23, 2011 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/Derek D. Dieter Member of the Common Council RESOLUTION NO. 4104-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTIES LOCATED AT 327 ST. LOUIS STREET, 333 ST. LOUIS STREET, 325 ST. LOUIS STREET, AND 336 HILL STREET, ALL IN 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 I.C. 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 I. 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: (327 St. Louis Street, 333 St. Louis Street, 325 St. Louis Street, and 336 Hill Street, All in South Bend, Indiana) In order to permit: The approval of a Special Exception to allow for off-site parking lot for properties located at 327 St. Louis Street, 333 St. Louis Street, 325 St. Louis Street and 336 Hill Street all in South Bend, Indiana per Section 21-03.02(2) (D) of the City of South Bend Zoning Ordinance to allow for an Accessory Use (Off-Site Parking.) SECTION II. 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: 13 REGULAR MEETING MAY 23, 2011 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Oliver Davis, Vice-Chairperson, Zoning & Annexation Committee, reported that this Committee held Public Hearings on Bill Nos. 11-36 and 11-37 and send them to the full Council with favorable recommendations. Mr. Charles Bulot, C.B.O. Building Commissioner, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Bulot advised that Bill Nos. 11-36 and 11-37 are requests for Special Exceptions for off site parking for the proposed St. Joseph High School. He advised that the Area Board of Zoning Appeals gave Bill Nos. 11-36 and 11-37 public hearing on May 4, 2011 and sends both bills to the Common Council with favorable recommendations. Mr. Mike Danch, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, representing the petitioners, St. Joseph Regional Medical Center, South Bend Campus, Inc.; Roman J. Smith 2010 Revocable Trust; Camiel & Rose Van De Walle; and Judith Casey, made the presentation for Bill Nos. 11-36 and 11-37. Mr. Danch advised that the owners have been approached by representatives of the Diocese of Ft. Wayne, who desire to purchase the property from the owners and build a new St. Joseph High School Campus, athletic fields and parking areas for staff, students and visitors. Mr. Danch stated that the requests for the Special Exceptions are proposed for off-site parking for the school campus. The Special Exception Use is due to the fact that these properties are presently zone “MU” Mixed Use District. The Ordinance requires that parking lots which do not contain a primary use to be approved as a Special Exception Use. Mr. Danch stated that the petitioners and contingent purchaser believe that moving the proposed school campus to the former site of the hospital would have a positive effect on the neighborhood. It will take the vacant site and allow for a new use which will serve the community for decades to come. A Public Hearing was held on the Resolutions 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 Bill No. 11-36. Councilmember Rouse seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Additionally, Councilmember Oliver Davis made a motion to adopt Bill No. 11-37. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 14 REGULAR MEETING MAY 23, 2011 RESOLUTION NO. 4105-11 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1710 NORTH SHERIDAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1710 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: Parcel of land beginning approximately 889.84 feet south and 40 feet east of NW ¼ SE ¼ and known as Gibbs Wire and Steel Company, Inc. minor sub section 33-38-2E cont appx AC and which has Key Number 018-2184-693803, be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of seven (7) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council 15 REGULAR MEETING MAY 23, 2011 Mr. Tom Kinnucan, Hoosier Tank & Manufacturing, Inc., 1710 N. Sheridan Street, South Bend, Indiana, made the presentation for this bill. Mr. Kinnucan stated that Hoosier Tank and Manufacturing, Inc. is a manufacturer of air pressure reservoirs for OEM truck and trailer manufactures domestically and internationally. They perform metal forming, welding and painting operations required for the manufacture of air pressure reservoirs. Mr. Kinnucan advised that they plan to build a 70’ x 290’ addition with new shipping docks with turn around access for six semitrailers. The addition will mainly be warehouse and shipping to accommodate their customer’s packaging needs. The addition will free up manufacturing floor space, allowing for the addition of machinery for a complete third line. Mr. Kinnucan advised that this will increase production capacity by 25%. 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 Puzzello made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 4106-11 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1710 NORTH SHERIDAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR HOOSIER TANK AND MANUFACTURING, INCORPORATED WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1710 North Sheridan Street, South Bend, Indiana, and which is more particularly described as follows: Parcel of land beginning approximately 889.84 feet south and 40 feet east of NW ¼ SE ¼ and known as Gibbs Wire and Steel Company, Inc. minor sub section 33-38-2E cont appx AC and which has Tax Key Numbers 18-2184-693803 (Real Property) and 018-07522-00 (Personal Property) presently, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. 16 REGULAR MEETING MAY 23, 2011 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. Tom Kinnucan, Hoosier Tank & Manufacturing, Inc., 1710 N. Sheridan Street, South Bend, Indiana, made the presentation for this bill. Mr. Kinnucan stated that Hoosier Tank and Manufacturing, Inc. is a manufacturer of air pressure reservoirs for OEM truck and trailer manufactures domestically and internationally. They perform metal forming, welding and painting operations required for the manufacture of air pressure reservoirs. Mr. Kinnucan advised that the new equipment for the production line includes a dust collector, air make up vent, new diameter tooling, leveler for shear, laser cutter, roller, leak detection system, progressive strap bracket die, forklift, washer, assembler, and an automated powder spray paint system. He stated that the estimated cost of the equipment is $1,175,000. 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 Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 11-31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BOARD OF PUBLIC WORKS RESOLUTION NO. 21-2011 REGARDING BLOCK PARTY APPLICATIONS Councilmember Rouse made a motion to strike this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4107-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 17 REGULAR MEETING MAY 23, 2011 WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana code 36- 7-14 (the “Act”), on April 26, 2011, approved and adopted its Resolution No. 2860 (the “Declaratory Resolution”), Exhibit A, amending the acquisition list in the West Washington-Chapin Development Area Development Plan (the “Plan”) for the West Washington-Chapin Development Area (the “Area”) and amending the West Washington-Chapin Development Area Development Plan (the “Plan Amendment”)’ and WHEREAS, the Plan Amendment calls for the addition of 803 West Washington St., South Bend, Indiana, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the “Plan Commission”), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the “City”), on May 17, 2011, adopted and approved a resolution, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the “Plan Commission Order”); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, rd Indiana, this 23 day of May, 2011. s/Derek D. Dieter Member of the Common Council Councilmember Timothy Rouse, Chairperson, Community and 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. th Mr. Bill Schalliol, Community and Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that this bill would allow for the addition of a parcel to the West Washington-Chapin Development Area Acquisition List. The property located at 803 West Washington was originally built as a three story private residence for the William L. Kizer family. Mr. Kizer came to South Bend from Ohio in 1865. In 1869, Mr. Kizer formed a firm that conducted business in real estate, loans, and insurance, and made investments in Illinois, Indiana, and Michigan. Mr. Schalliol advised that upon 18 REGULAR MEETING MAY 23, 2011 acquisition of this property, staff will work with South Bend Heritage Foundation for its adaptive reuse. He also noted that staff will work with the Center for History for its possible incorporation within the museum campus. 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 11-42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION Councilmember Oliver Davis made a motion to continue this bill until the June 13, 2011 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 29-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2014 S. MICHIGAN ST., AND 2018 S. MICHIGAN ST., COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Oliver Davis made a motion to refer this bill to the Area Plan Commission. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 30-11 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MAPLE ROAD RUNNING NORTH AND SOUTH FROM PRAIRIE AVENUE TO THE ST. JOSEPH VALLEY PARKWAY 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 Third Reading on June 13, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 31-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BLOCK PARTY APPLICATIONS FEE 19 REGULAR MEETING MAY 23, 2011 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 June 13, 2011. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 32-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 10, OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Health & Public Safety Committee and set it for Public Hearing and Third Reading on June 13, 2011. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 33-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $1,708,707 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE NEIGHBORHOOD STABILIZATION PROGRAM 3 FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, MARCH 8, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on June 13, 2011. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION BILL NO. 01-11 – AMEND CHAPTER 21- NON-CONFORMING USES Councilmember White made a motion to accept the substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Oliver Davis made a motion to refer this bill to the Zoning and Annexation and set for Public Hearing and Third Reading on June 13, 2011. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. 20 REGULAR MEETING MAY 23, 2011 WITHDRAW BILL NO. 61-10 Councilmember Oliver Davis made a motion to withdraw Bill No. 61-10 at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis made a motion to refer this bill to the Community and rd Economic Development Committee and set 3 Substitute Bill No. 25-10 for Public Hearing and Third Reading on June 13, 2011. Councilmember LaFountain seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS PRIVILEGE OF THE FLOOR COMPLAINTS REGARDING 234 WAKEWA; 309 TONTI; 132 MARQUETTE Mary Ellen O’Connell, 3104 Eck Hall of Law, Notre Dame, Indiana Barb Sutton, 528 Ostemo, South Bend, Indiana, President Northshore Triangle Home Owners Association Michael Mariconi, 124 Marquette, South Bend, Indiana Ms. O’Connell, Ms. Sutton and Mr. Mariconi advised the Council that numerous zoning and code violations were occurring at 234 Wakewa; 309 Tonti; 132 Marquette. COMMENTS FROM MARTY WOLFSON REGARDING A.J.WRIGHT TAX ABATEMENT Marty Wolfson, 809 Park Avenue, South Bend, stated that he agrees with Councilmember Oliver Davis to suggest that the City enforce the tax abatement compliance of A. J. Wright and any compensation recovered by the City should then in turn be given to the former employees. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:21 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 21