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HomeMy WebLinkAbout10/22/07 Council Meeting MinutesREGULAR MEETING OCTOBER 22, 2007 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, October 22, 2007 at 7:00 p.m. The meeting was called to order by Council President Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS Present: Derek D. Dieter 1st District Charlotte Pfeifer 2nd District Roland "Randy" Kelly 3rd District Ann Puzzello 4th District Vice-President David Varner 5th District Al "Buddy" Kirsits At-Large Timothy Rouse At-Large President Karen L. White At-Large Chairperson Committee of the Whole Absent: Ervin Kuspa 6th District 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 October 8, 2007, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the October 8, 2007 meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS WELCOME BOY SCOUT TROOP #422 -FIRST UNITED METHODIST CHURCH Council President Rouse welcomed Boy Scout Troop #422 from First United Methodist Church, South Bend, Indiana. He noted that there are under the leadership of Scoutmaster Dave Loughlin and Senior Patrol Leader Adam Jurek. They are the oldest troop in South Bend, this is their 77th year. RESOLUTION NO. 3801-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE FAMILY JUSTICE CENTER OF ST. JOSEPH COUNTY FOR THE MANY SERVICES THEY PROVIDE TO OUR COMMUNITY REGULAR MEETING OCTOBER 22, 2007 Whereas, the Common Council of the City of South Bend, Indiana, notes that on February 22, 2007, the Family Justice Center of St. Joseph County located at 711 East Colfax Avenue officially opened its doors to the public; and Whereas, the Family Justice Center (FJC) is an "innovative collaboration of civil, legal, medical and social services whose expertise provides victims of domestic violence and their families multiple options to restore balance to their lives" from one (1) location; and Whereas, the FJC site is one of fifteen (15) pilot sites selected under the Bush Administration's Family Justice Center Initiative which is now headed by the U.S. Department of Justice's Office on Violence Against Women ;and Whereas, the services offered by the Family Justice Center include: • Civil and legal services, and information regarding orders of protection • Crisis intervention, criminal investigations and substance abuse assessments • Counseling for adults, adolescents and children; and supervised play rooms for children • Culturally & linguistically appropriate services, as well as spiritual care services • Safe computers and telephone services, along with weekly survivors group sessions • Employment and training assistance 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 publicly commends the Family Justice Center of St. Joseph County for being selected to be a pilot site to provide "comprehensive one stop shop for victims of domestic violence" Section II. The Common Council wishes the following eighteen (18) "Partner Agencies" the very best, as each of them endeavor to provide needed services for victims of domestic violence as part of this innovative collaboration, namely: the Alcohol and Addictions Resource Center (AARC), the CASIE Center, the Community Corrections Advisory Board, the Family & Children's Center, the Family Violence Special Victims Unit (FVSVLT), Goodwill Industries of Michiana, Inc., Indiana Legal Services, Indiana University South Bend, Ivey Tech Community College of Indiana, La Casa de Amistad, Madison Center, Memorial Hospital, Office of the Prosecuting Attorney, the St. Joseph County Adult Probation Department, the St. Joseph Regional Medical Center, the United Religious Community, the University of Notre Dame, and the University of Notre Dame Security Police; with the Common Council welcoming future updates on this new venture. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, 1st District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3rd District s/Ann Puzzello, 4th District s/Dr. David Varner, 5th District s/Ervin Kuspa, 6th District s/Timothy A. Rouse, At Large s/Al "Buddy" Kirsits, At Large s/Karen L. White, At Large s/KathleenCekanski-Farrand, Council Attorney Attest: Adopted this 24th day of October, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor 2 REGULAR MEETING OCTOBER 22, 2007 Councilmember Ann Puzzello made the presentation for this Resolution by reading it in its entirety. She noted that she will see that the Resolution gets to the Family Justice Center. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. UPDATE GARY GILOT -RELIEF EFFORT IN NAPPANEE, INDIANA Gary Gilot, Director, Public Works Department, 13th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that twenty-one (21) City of South Bend employees from various departments Street, Code Enforcement, Water Works went to Nappanee to provide clean-up. He stated that approximately 700 cubic yards of debris was collected. Items such as aluminum siding, tree branches, etc. were colleted. Mr. Gilot stated that he is very proud of the City's efforts to help a neighboring community in need. Councilmember Varner offered comments and thanked Mr. Gilot and the employees who help the town of Nappanee. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-ll of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 68-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY LYING WEST OF MIAMI STREET EXTENDING FROM EWING AVENUE NORTH TO THE FIRST EAST-WEST ALLEY LYING NORTH OF EWING AVENUE FOR 123.5 FEET MORE OR LESS AND A WIDTH OF 14 FEET BEING A PART OF OAK PARK FOURTH ADDITION Councilmember Varner, Chairperson Public Works and Property Vacation Committee, reported that this committee held a meeting this afternoon and sends it to the full Council with a favorable recommendation. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of St. Joseph County Library, Donald Napoli, Director. Mr. Feeney advised that the St. Joseph County Public Library wishes to expand the Virginia M Tutt branch, located at 2223 S. Miami Street. He noted that this will allow REGULAR MEETING OCTOBER 22, 2007 for the library to provide more off-street parking. Mr. Feeney stated that there will be access to Miami Street and Ewing Avenue and will create an access easement and buffer for the adjoining property per recommendations made by City Engineer Carl Littrell. Mr. Feeney advised that the total cost of the project will be 1.3 million dollars. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Pat Hamilton, 1022 E. Fox, South Bend, Indiana, stated that her garage abuts up to the current library. Ms. Hamilton stated that she has trouble in the winter months getting in and out of her garage, due to snow removal from the library. She advised that she would like some assurance that if the library is coming closer to her property that she will be able to get her car out of her garage and not be plowed in. Mr. Feeney advised that it is not the intent of the Library to cause any inconvenience to any of the adjacent residents. He assured Ms. Hamilton that she will not be plowed in. Mr. Donald J. Napoli, Director, St. Joseph County Public Library, stated that the vacation of this alley is to allow a broader curve for ingress and egress off of Ewing Avenue. Mr. Napoli stated that he was not aware that someone was plowing snow from the existing parking lot into the alley. Mr. Napoli assured Ms. Hamilton that as long as he is director that this will not happen. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 69-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST-WEST ALLEY NORTH OF WASHINGTON STREET, EXTENDING FROM THE FIRST NORTH-SOUTH ALLEY EAST OF HUEY STREET, EAST TO THE NOW VACATED O'BRIEN STREET FOR A DISTANCE OF 107 FEET MORE OR LESS AND A WIDTH OF 12 FEET BEING A PART OF OAK GROVE ADDITION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson Public Works and Property Vacation Committee, reported that this committee held a meeting this afternoon and sends it to the full Council with a favorable recommendation. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the owner Royal Adhesive & Sealants, 2001 W. Washington Street, South Bend, Indiana. Mr. Feeney advised that the vacation being requested if for the first east-west alley north of Washington Street, extending from the first north-south alley east of Huey Street, east to the now vacated O'Brien Street for a distance of 107 feet more or less and a width of 12 feet. Being a part of Oak Grove Addition, Portage Township, City of South Bend, St. Joseph County, Indiana. Mr. Feeney stated that the petitioner wishes to eliminate the alley that divides their 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. 4 REGULAR MEETING OCTOBER 22, 2007 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 65-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $3,500 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE AND PRINTING OF MORRIS PERFORMING ARTS CENTER TICKET ENVELOPES Councilmember Ann 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 presented for this bill. Mr. Andres advised that this bill would allow an appropriation of $3,500 within the Morris Performing Arts Center and Palais Royale Market Fund (Fund #273). He noted that revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Mr. Andres stated that pursuant to Ordinance No. 9768-07, the Morris Center has solicited and acquired funds for sponsorship of ticket envelopes and hereby requests those funds to be released to purchase 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 Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 67-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,000,000 FROM THE MOTOR VEHICLE HIGHWAY FUND (FUND NUMBER 202) FOR THE EXPANSION OF DOUGLAS ROAD FROM STATE ROAD 23 TO THE MISHAWAKA CITY LIMIT S Council Attorney Kathleen Cekanski-Farrand read into the record the amendment to this bill. She noted that in the first paragraph under Statement of Purpose and Intent to strike the works have entered into and replace with is negotiating. Councilmember Rouse made a motion to amend this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Gary Gilot, P.E., Public Works Director, 13th Floor County-City Building, South Bend, Indiana, made the presentation for this bill. REGULAR MEETING OCTOBER 22, 2007 Mr. Gilot advised that the City is partnering with Douglas Road Retail Partners, L.P. Holladay Properties on improvements along the Douglas Road gateway to South Bend. The City, in partnership with Holladay, has designed through Abonmarche Consultants and bid plans for improvements to Douglas Road from SR 23 to the Mishawaka City limits. Holladay has worked with the City to expedite design and right of way acquisition and provisions for stormwater so that this two lane road can be transformed to two lanes in each direction plus center turn lane as needed and two dedicated left turn lanes at SR 23 and Douglas. Mr. Gilot noted that the overall project is $2 million with a plan to repay infrastructure loans from the Douglas TIF economic development area taxes. The TIF is anchored by the existing Memorial Home Care building. Holladay is the owner of that $4.75 million development with Memorial as the long term tenant of the building and the taxpayer. Holladay has further agreed to construct additional projects in the TIF valued at $3.3 million. The taxes will be sufficient to repay the $ 1 million Major Moves loan at 5% and the $1.1 million ($100,000 as contingency for transaction expenses if needed) private loan at 5% through Wells Fargo guaranteed by Holladay. The taxes on the economic development projects in this TIF will repay the loan sources plus interest to enable the infrastructure to be built sooner rather than later. Mr. Gilot stated that the early action is important to public safety and as a catalyst for this area to develop the way we would all like to see it. The two land road is in bad shape and has a lack of proper drainage. In this state the road is an impediment to seeing full development potential of this area flourish. Mr. Gilot encouraged the Council's support for the appropriation of the loaned capital from the smaller Major Moves distribution in Fund 202. He advised that it is consistent with the City's policy to use Major Moves for road preservation and economic development related road investment. Councilmember Rouse asked Mr. Gilot how long it will take to repay the loan. Mr. Gilot advised that the repayment schedule is being negotiated; however he believes that the 15-20 year range would be the worse case scenario. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 66-07 PUBLIC HEARING ON A BILL ESTABLISHING THE URBAN HOMESTEADING PROGRAM (DOLLAR HOUSE PROGRAM) AND OTHER RELATED MATTERS Councilmember Dieter, Chairperson, Community and Economic Development 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. Ms. Pam Meyer, Director, Community and Economic Development, 1200 County-City Building, South Bend, Indiana, made the presentation for the bill. Ms. Meyer advised that this bill would allow for one element in the development of the City's program to address vacant and abandoned homes, commonly referred to as the Dollar House Program. The ordinance establishes an urban homesteading program in accordance with Indiana Code 36-7-17 and designates the Board of Public Works (BPW) as the agency charged with administering the Dollar Program. The bill also provides that the BPW is authorized to contract with entities with experience in neighborhood and housing development to complete the program. Contracts with South Bend Heritage Foundation (SBHF), Near Northwest Neighborhood (NNN), and the Northeast Neighborhood Revitalization Organization (NNRO) have recently been approved. 6 REGULAR MEETING OCTOBER 22, 2007 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:35 p.m. Council President Tim Rouse presided with eight (8) members present. BILLS -THIRD READING ORDINANCE NO. 9798-07 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY LYING WEST OF MIAMI STREET EXTENDING FROM EWING AVENUE NORTH TO THE FIRST EAST-WEST ALLEY LYING NORTH OF EWING AVENUE FOR 123.5 FEET MORE OR LESS AND A WIDTH OF 14 FEET BEING A PART OF OAK PARK FOURTH ADDITION This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9799-07 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST-WEST ALLEY NORTH OF WASHINGTON STREET, EXTENDING FROM THE FIRST NORTH-SOUTH ALLEY EAST OF HUEY STREET, EAST TO THE NOW VACATED O'BRIEN STREET FOR A DISTANCE OF 107 FEET MORE OR LESS AND A WIDTH OF 12 FEET BEING A PART OF OAK GROVE ADDITION, PORTAGE TOWNSHIP, 7 REGULAR MEETING OCTOBER 22, 2007 CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9800-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $3,500 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE AND PRINTING OF MORRIS PERFORMING ARTS CENTER TICKET ENVELOPES This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9801-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,000,000 FROM THE MOTOR VEHICLE HIGHWAY FUND (FUND NUMBER 202) FOR THE EXPANSION OF DOUGLAS ROAD FROM STATE ROAD 23 TO THE MISHAWAKA CITY LIMITS This bill had third reading. Councilmember Dieter made a motion to amend this bill as in the Committee of the Whole. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Dieter made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9802-07 AN ORDINANCE ESTABLISHING THE URBAN HOMESTEADING PROGRAM (DOLLAR HOUSE PROGRAM) AND OTHER RELATED MATTERS This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3802-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED BETWEEN 228 NOTRE DAME AVENUE AND THE FIRST EAST-WEST ALLEY NORTH OF WAYNE REGULAR MEETING OCTOBER 22, 2007 STREET WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to LC. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 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 between 228 Notre Dame Avenue and the first east-west alley north of Wayne Street, also being proposed Lot A in the proposed Notre Dame Avenue Minor #2 Subdivision, in order to permit an off site parking area to be utilized by the Weiss Homes office located at 828 East Jefferson Boulevard. The property is zoned "MU" Mixed use District. 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 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council 9 REGULAR MEETING OCTOBER 22, 2007 Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Charles Bulot, Assistant Zoning Administrator, Building, Department, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioner is seeking a special exception for off site parking in a Mixed Use "MU" District. He noted that the Board of Zoning Appeals held a public hearing on September 20, 2007 and sends this bill to the Common Council with a favorable recommendation. Mr. Derek Spier, Urban Planner, Abonmarche, 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill. Mr. Spier advised that he is representing the petitioner Kendall-Weiss LLP which is a Weiss Homes Development partnership. He stated that the purpose of petitioning for the above special exception is to allow for additional parking spaces for the Weiss Homes office site. A total of 30 parking spaces were required when the Final Site Plan was approved for the Weiss Homes site in 1998. However, due to overall site constraints and lot size, a variance was granted to allow for 20 spaces instead of the required 30 spaces. The approval of this special exception will provide additional spaces which were originally required in 1998. 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 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 vote of eight (8) ayes. RESOLUTION NO. 3803-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 101 SOUTH IOWA STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JONATHAN BURI~HOLDER WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known 101 South Iowa Street, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Three Hundred Forty-Eight (348) LaSalle Park 2"d Plat and this property has Tax Key Number 18-4063-2326, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and 10 REGULAR MEETING OCTOBER 22, 2007 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 a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 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. 9394-03, which was passed on February 10, 2003: or A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. 11 REGULAR MEETING OCTOBER 22, 2007 SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. 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 Ms. Penny Pehling-Wright, 69600 Sycamore Rd. South Bend, Indiana, made the presentation for this bill. Ms. Pehling-Wright advised that she is representing the owner Mr. Jonathan Burkholder. She stated that Mr. Burkholder intends to construct a new 1,000 square foot, two to three- bedroom home with a detached garage. The home will be built on a vacant lot in the LaSalle Park area. The home will be constructed on an infill lot. The cost of the construction is estimated at $111,700. She noted that the property owner intends to serve as his own general contractor in order to minimize construction costs. 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 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 vote of eight (8) ayes. BILL NO. 07-122 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS VACANT LAND IN THE AIRPORT DEVELOPMENT AREA AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN-YEAR REAL PROPERTY TAX ABATEMENT FOR OLIVE CLEVELAND PARTNERS LLC. BILL NO. 07-80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 SOUTH MICHIGAN STREET FLOORS 1,2,4,5,9 AND 11 TO 14 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR KEY SB, LLC, THE H1NIVIAN COMPANY Councilmember Puzzello made a motion to continue Bill Nos. 07-122 and 07-80 until the November 12, 2007, meeting of the Council. Councilmember Pfeifer seconded the motion which carried by a roll call vote of eight (8) ayes. 12 REGULAR MEETING OCTOBER 22, 2007 BILL NO. 07-129 A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 6819 STEWART DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR KENDALL WEISS, L.L.P. BILL NO. 07-130 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 6842, 6838, 6834, 6830, 6826, 6822, 6818, 6819, 6823, 6827, 6831, 6835, 6839 AND 6843 STEWART DRIVE; 6919, 6909, 6817, 6805, 6755 (OR 938 VAWTER CIRCLE), 6731 (OR 939 VAWTER CIRCLE), 6723, 6712, 6722, 6732, 6742, 6804, 6812 AND 6820 LUTZ DRIVE; AND 932, 926, 920, 914, 908, 902, 903, 909, 915, 921, 927 AND 933 VAWTER CIRCLE ALL IN LAFAYETTE FALLS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP Councilmember Pfeifer made a motion to combine these bills for purposes of Public Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3804-07 A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 6819 STEWART DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR KENDALL WEISS, L.L.P. WHEREAS, Kendall Weiss, L.L.P., an Indiana limited liability partnership (the "Petitioner") filed a petition for real property tax abatement (the "Petition") and a Form SB-1 statement of benefits with the South Bend City Clerk on October 3, 2007 for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council"), requesting that the area commonly known as 6819 Stewart Drive, South Bend, Indiana, being more specifically Lot 409 in Lafayette Falls, Phase III, Section One (Instrument Number 0728461) and which has a parcel key number of 23-1002-0023.71, (the "Property"), be designated as an economic revitalization area under the provisions of Indiana Code sections 6-1.1-12-1 et seq., and South Bend Municipal Code sections 2-76 et seq.; and 13 REGULAR MEETING OCTOBER 22, 2007 WHEREAS, the Petitioner obtained building Permit No. 109523 on August 6, 2007 and began redevelopment of the Property as defined by Indiana Code section 6-1.1- 12.1-1 (5)) on August 6, 2007; and WHEREAS, the Common Council has adopted a policy requiring that petitioners for tax abatement wait until after the Common Council has adopted declaratory and confirming resolutions in accordance with Indiana Code section 6-1.1-12.1-2.5 (b) and (c), before obtaining a building permit and before initiating redevelopment or rehabilitation of real property, absent compelling reasons and circumstances where a petitioner initiated such activities before such resolutions have been adopted; and WHEREAS, the Petitioner has presented substantial evidence to the Common Council that circumstances existed where the Petitioner inadvertently obtained the above described building permit and initiated redevelopment of the Property before the Common Council has adopted declaratory and confirming resolutions, and the Common Council has concluded that such circumstances present a compelling reason to waive the Common Council's policy; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Petitioner has presented testimonial and documentary evidence of the following facts and the Common Council hereby makes the following findings of fact in support of this resolution: A. The Petitioner's intention since the Lafayette Falls residential development (the "Development") began construction in 2003 is to seek residential tax abatements for every single lot within the Development. B. The Petitioner has filed separate tax abatement petitions for each individual section of the Development as they have been subdivided. C. The Common Council has adopted Resolutions 3352-04, 3398-04, 3481-05, 3494- 05, 3551-06, and 3697-07, which confirm the adoption of declaratory resolutions for 175 single-family residential lots within the Development as residentially distressed for purposes of a (5) five year residential real property tax abatement for the Petitioner. The 175 lots included within these confirming resolutions to date have an approximate market value of over $31 million. D. Said Resolution 3697-07 was adopted on February 12, 2007 and included Lots 403 through 408 within the Development. These lots lie immediately to the north of the Property. E. The Petitioner was unaware that the Property was not included within Resolution 3697-07; and therefore, inadvertently obtained a building permit for the Property prior to its inclusion within an adopted declaratory and confirming resolution. F. The Petitioner is thoroughly and continually committed in investing within this 400 plus lot Development which was annexed into the City in 2003. In addition to this commitment by the Petitioner, the residents of the City of South Bend through the City Plan process identified that the City must encourage the development more market rate housing and promote homeownership within the City. The continuing support of the residential tax abatement program for new single family home construction within the City both encourages and promotes the development of owner occupied homes within the City. The City Plan, the 20 year Comprehensive Plan was adopted by Common Council on November 13, 2006. G. The Petitioner acknowledges and respects the long-standing policy of the Common Council to require that the economic revitalization declaratory 14 REGULAR MEETING OCTOBER 22, 2007 resolution be adopted by the Common Council before a building permit is obtained and before redevelopment begins. H. At all times throughout these proceedings, the Petitioner has acted in good faith, has promptly cooperated with all requests of the Common Council and the South Bend Department of Community Development, and has made every effort to comply, to the best of its ability, with the requirements of law and the policies of the Common Council. I. Because of the unusual and adverse circumstances described herein, the Petitioner proceeded with the redevelopment of the Property without first receiving adoption of a declaratory resolution by the Common Council. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive noncompliance by the Petitioner with certain conditions precedent to the redevelopment of the Property, in accordance with Indiana Code section 6-1.1-12.1-11.3. SECTION III. The Common Council hereby waives such noncompliance, for the purpose of permitting the Council to proceed with consideration of the Petition on its merits. SECTION IV. 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 RESOLUTION NO. 3805-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6842, 6838, 6834, 6830, 6826, 6822, 6818, 6819, 6823, 6827, 6831, 6835, 6839 AND 6843 STEWART DRIVE; 6919, 6909, 6817, 6805, 6755 (OR 938 VAWTER CIRCLE), 6731 (OR 939 VAWTER CIRCLE), 6723, 6712, 6722, 6732, 6742, 6804, 6812 AND 6820 LUTZ DRIVE; AND 932, 926, 920, 914, 908, 902, 903, 909, 915, 921, 927 AND 933 VAWTER CIRCLE ALL IN LAFAYETTE FALLS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 6842, 6838, 6834, 6830, 6826, 6822, 6818, 6823, 6827, 6831, 6835, 6839 AND 6843 STEWART DRIVE; 6919, 6909, 6817, 6805, 6755 (OR 938 VAWTER CIRCLE), 6731 (OR 939 VAWTER CIRCLE), 6723, 6712, 6722, 6732, 6742, 6804, 6812 AND 6820 LUTZ DRIVE; AND 932, 926, 920, 914, 908, 902, 903, 909, 915, 921, 927 AND 933 VAWTER CIRCLE ALL IN LAFAYETTE FALLS, South Bend, Indiana, and which is more particularly described as follows: Legal Description: lots 396 through 402 and 410 through 415 within Lafayette Falls, Phase III, Section One: 15 REGULAR MEETING OCTOBER 22, 2007 A part of the northwest quarter of section 2, township 36 north, range 2 east, centre township, city of South Bend, St. Joseph County, Indiana, being particularly described as follows: lots 396 through 402 and 410 through 415 of Lafayette Falls, Phase III, Section One as recorded under instrument number 0728461 in the office of recorder of said county. Subject to right-of--way, easements, covenants and restrictions of record. Legal Description: lots 314 through 339 within Lafayette Falls, Phase III, Section Two (Proposed): A part of the northwest quarter of section 2, township 36 north, range 2 east, Centre Township, City of South Bend, St. Joseph County, Indiana, including a part of lots 209 through 211 in Lafayette Falls, Section Two as recorded under instrument number 0451995 in the office of recorder of St. Joseph County, Indiana, and being particularly described as follows: commencing at the north quarter corner of said section two, said corner lying south 89 degrees 04 minutes 47 seconds east, a distance of 2631.12 feet from the northwest corner of said northwest quarter, said corner being marked with a railroad spike, 0.1 feet below the road surface and 3.99 feet north of record corner on the north-south record line; thence south 00 degrees OS minutes O1 west along the east line of said northwest quarter, a distance of 1625.11 feet to the northeast corner of said lot 211 and the point of beginning; thence continuing south 00 degrees OS minutes O1 second west along said east line, a distance of 1041.75 feet to the south line of said northwest quarter; thence south 89 degrees 19 minutes 47 seconds west, a distance of 517.06 feet; thence north 34 degrees 39 minutes 21 seconds west, a distance of 207.75 feet; thence south 55 degrees 20 minutes 39 seconds west, a distance of 100.00 feet; thence north 34 degrees 39 minutes 21 seconds west, a distance of 100.00 feet; thence north 55 degrees 20 minutes 39 seconds east, a distance of 100.00 feet; thence north 34 degrees 39 minutes 21 seconds west, a distance of 114.97 feet; thence north 49 degrees 57 minutes 33 seconds east, a distance of 90.86 feet; thence north 25 degrees OS minutes 08 seconds east, a distance of 170.00 feet; thence north 03 degrees 49 minutes 12 seconds west, a distance of 84.83 feet; thence north 56 degrees 29 minutes 48 seconds west, a distance of 103.31 feet to the southeast corner of lot 186 in said Lafayette Falls, Section Two; thence the next three courses along the boundary of said Lafayette Falls, Section Two, exclusive of outlot "c": (1) north 37 degrees 28 minutes 38 seconds east, a distance of 155.59 feet; (2) thence south 54 degrees 31 minutes 07 seconds east, a distance of 36.95 feet; (3) thence north 35 degrees 28 minutes 53 seconds east, a distance of 211.21 feet to the southwest line of lot 206 in Lafayette Falls, Section One as recorded under instrument number 0441358 in the office of said recorder; thence south 58 degrees 15 minutes 59 seconds east, a distance of 223.18 feet to the southeast corner of lot 208 in said Lafayette Falls, section two; thence north 12 degrees 16 minutes 32 seconds east, a distance of 193.19 feet to the northeast corner of said lot 208 and a point of curvature of anon-tangent curve, having a radius of 225.00 feet, a central angle of 18 degrees 03 minutes 43 seconds, and a chord of 70.64 feet bearing south 80 degrees 52 minutes 00 seconds east; thence the next two courses along the south right-of--way line of potter point drive: (1) southeasterly along said curve, a distance of 70.93 feet; (2) thence south 89 degrees 53 minutes 51 seconds east, a distance of 161.11 feet to the point of beginning; said described tract containing 14.397 acres, more or less; 16 REGULAR MEETING OCTOBER 22, 2007 excluding therefrom proposed lots 209 through 211 within the proposed plat of Lafayette Falls, Phase III, Section Two, yielding a net acreage of 13.362 acres, more or less. Subject to easements, covenants, and restrictions of record. and this property which has Parent Parcel Tax Key Number 23-1002-0022.01, 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 sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION, 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. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for 17 REGULAR MEETING OCTOBER 22, 2007 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 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 Dieter, Chairperson, Community and Economic Development Committee conducted a Public Hearing on Bill Nos. 07-129 and 07-130 and voted to send these bills to the full Council with a favorable recommendation. Mr. Robert Case, Abonmarche, 750 Lincoln Wayne East, South Bend, Indiana, made the presentation for these bills on behalf of the owner Kendall-Weiss, LLP., a Weiss Homes, Inc. development partnership. Mr. Case stated that the petitioner is requesting a waiver for 6819 Stewart Drive (Lot 409) within Lafayette Falls, Phase III, Section One. Mr. Case advised that a five (5) year residential real property tax abatement for Lafayette Falls Subdivision was adopted by the Common Council on February 12, 2007, (Resolution No. 3697-07) for Lots 403 through 408. These lots lie immediately to the north of Lot 409. The developer was unaware that Lot 409 was not included within this approved abatement and inadvertently obtained a building permit for this lot. Mr. Case noted that with the approval of this waiver, the 18 REGULAR MEETING OCTOBER 22, 2007 owner of Lot 409 will be able to benefit from the same abatement which has been granted for every other lot within the development. Mr. Case further advised that Kendall-Weiss intends to construct forty (40), new, single-family homes on approximately 15.9 acres of land. The total estimated cost of the 40 homes is $7,200,000. The homes will consist of three to four bedrooms with two to two and one-half baths and range in size from 1,200 to over 2,500 square feet with eight-foot basement walls and an attached garage, optional fireplaces, and vinyl siding with stone and/or brick accents. The area will contain one retention basin, 2,262 linear feet of new streets, as well as public and private utilities. The average cost of the homes will be approximately $180,000. A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Dieter made a motion to adopt Bill No. 07-129. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Councilmember Dieter made a motion to adopt Bill No. 07-130. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3806-07 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN, LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK ROAD, AND WEST OF AN ADJACENT TO THE U.S. 31 BYPASS AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: COOREMAN REAL ESTATE GROUP, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as The Villas at Lake Blackthorn, South Bend, Indiana, and which are more particularly described as follows: LEGAL DESCRIPTION: THE VILLAS AT LAKE BLACKTHORN, SECTION ONE APART OF THE NORTHWEST, SOUTHWEST, AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, 5.8 FEET SOUTH OF A 2" IRON MONUMENT WITH A CAP LABELED "SEC. CORNER"; THENCE SOUTH 89 DEGREES 49 MINUTES 49 SECONDS WEST, A DISTANCE OF 1549.41 FEET TO THE WEST RIGHT OF WAY OF U. S. ROUTE 31 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY THE FOLLOWING NINE (9) COURSES: (1) SOUTH 17 DEGREES 36 MINUTES 51 SECONDS WEST, A DISTANCE 19 REGULAR MEETING OCTOBER 22, 2007 OF 85.66 FEET; (2) THENCE SOUTH 25 DEGREES 35 MINUTES 58 SECONDS WEST, A DISTANCE OF 409.65 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5950.00 FEET, A CENTRAL ANGLE OF 8 DEGREES 59 MINUTES 58 SECONDS, AND A CHORD OF 933.60 FEET BEARING SOUTH 12 DEGREES 00 MINUTES 23 SECONDS WEST; (3) THENCE SOUTH ALONG SAID RIGHT OF WAY CURVE, A DISTANCE OF 934.56 FEET; (4) THENCE SOUTH 16 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 211.20 FEET; (5) THENCE SOUTH 38 DEGREES 30 MINUTES 20 SECONDS WEST, A DISTANCE OF 481.60 FEET; (6) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 114.32 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED RECORD BOOK 741, PAGES 475-477, AS RECORDED IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; (7) THENCE SOUTH 35 DEGREES 15 MINUTES 20 SECONDS WEST, A DISTANCE OF 401.95 FEET; (8) THENCE SOUTH 2 DEGREES 36 MINUTES 09 SECONDS WEST, A DISTANCE OF 256.87 FEET; (9) THENCE SOUTH 85 DEGREES 31 MINUTES 45 SECONDS WEST, A DISTANCE OF 199.30 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 8717366, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE EAST LINE OF SAID LAND, NORTH 0 DEGREES 15 MINUTES 44 SECONDS EAST, A DISTANCE OF 181.22 FEET; THENCE ALONG THE NORTH LINE OF SAID LAND, NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 323.58 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 500.00 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 2.00 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 800.00 FEET TO THE SOUTHWEST CORNER OF LOT "A" AS DEPICTED IN THE REPEAT OF RIGHTER' S ORANGE ROAD MINOR SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8525803, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE SOUTH LINE OF SAID LOT "A", NORTH 89 DEGREES 50 MINUTES 13 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE ALONG THE EAST LINE OF SAID LOT "A", NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 251.56 FEET TO THE POINT OF CURVATURE OF ANON-TANGENT CURVE, BEING THE CENTERLINE OF ORANGE ROAD, CONCAVE TO THE NORTH, HAVING A RADIUS OF 335.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 18 MINUTES 44 SECONDS, AND A CHORD OF 112.38 FEET BEARING NORTH 67 DEGREES 34 MINUTES 35 SECONDS EAST; THENCE EAST ALONG SAID CENTERLINE CURVE, A DISTANCE OF 112.92 FEET; THENCE SOUTH 0 DEGREES ll MINUTES 04 SECONDS EAST, A DISTANCE OF 70.83 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF BOGUE' S MA70R SUBDIVISION, DESCRIBED IN INSTRUMENT NUMBER 8932797, AS RECORDED IN THE OFFICE OF SAID RECORDER AND THE NORTHWEST CORNER OF LAND DESCRIBED IN INSTRUMENT NUMBER 9331954, AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE ALONG THE BOUNDARY OF SAID LAND THE NEXT THREE (3) COURSES; (1) SOUTH 26 DEGREES 45 MINUTES 04 SECONDS EAST, A DISTANCE OF 66.96 FEET; (2) THENCE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 556.25 FEET; (3) THENCE NORTH 0 DEGREES 45 MINUTES 39 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE ALONG SAID NORTH LINE NORTH 89 DEGREES 49 MINUTES 49 SECONDS EAST, A DISTANCE OF 729.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION WHICH INCLUDES LOTS 1 THROUGH 5 INCLUSIVE, OF THE VILLAS AT LAKE BLACKTHORN SECTION ONE, AS SHOWN ON THE FINAL PLAT, RECORDED APRIL 21, 2003, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, AS INSTRUMENT #0323151. SAID DESCRIBED TRACT CONTAINING 56.25 ACRES, MORE OR LESS. 20 REGULAR MEETING OCTOBER 22, 2007 SUBJECT TO ALL EASEMENTS, AND RIGHT OF WAY OF RECORD. LOT # STREET ADDRESS KEY # VLB lot 6 4622 Lake Blackthorn Drive 025-1010-017624 6616 Dockside Drive VLB lot 7 6568 Dockside Drive 025-1010-017625 VLB lot 8 4636 Starboard Drive 025-1010-017626 VLB lot 9 4644 Starboard Drive 025-1010-017627 VLB lot 10 4702 Starboard Drive 025-1010-017628 VLB lot 11 4710 Starboard Drive 025-1010-017629 VLB lot 12 4720 Starboard Drive 025-1010-017630 VLB lot 13 4728 Starboard Drive 025-1010-017631 VLB lot 14 4736 Starboard Drive 025-1010-017632 VLB lot 15 4746 Starboard Drive 025-1010-017633 VLB lot 16 4806 Starboard Drive 025-1010-017634 VLB lot 17 4814 Starboard Drive 025-1010-017635 VLB lot 18 4822 Starboard Drive 025-1010-017636 6506 Still Waters Court VLB lot 19 6510 Still Waters Court 025-1010-017637 VLB lot 20 6501 Still Waters Court 025-1010-017638 VLB lot 21 6507 Still Waters Court 025-1010-017639 VLB lot 22 6515 Still Waters Court 025-1010-017640 4904 Starboard Drive VLB lot 23 4914 Starboard Drive 025-1010-017641 4914 Stern Line Court VLB lot 24 4922 Stern Line Court 025-1010-017642 VLB lot 25 4930 Stern Line Court 025-1010-017643 VLB lot 26 4938 Stern Line Court 025-1010-017644 VLB lot 27 4946 Stern Line Court 025-1010-017645 VLB lot 28 4954 Stern Line Court 025-1010-017646 VLB lot 29 5004 Stern Line Court 025-1010-017647 VLB lot 30 5014 Stern Line Court 025-1010-017648 VLB lot 31 5026 Stern Line Court 025-1010-017649 VLB lot 32 5011 Stern Line Court 025-1010-017650 6505 Cuddy Court VLB lot 33 6515 Cuddy Court 025-1010-017651 VLB lot 34 6528 Cuddy Court 025-1010-017652 VLB lot 35 6516 Cuddy Court 025-1010-017653 VLB lot 36 6506 Cuddy Court 025-1010-017654 5003 Stern Line Court VLB lot 37 4935 Stern Line Court 025-1010-017655 VLB lot 38 4925 Stern Line Court 025-1010-017656 VLB lot 39 4915 Stern Line Court 025-1010-017657 VLB lot 40 6535 Leeway Drive 025-1010-017658 4906 Masthead Court VLB lot 41 4914 Masthead Court 025-1010-017659 VLB lot 42 4924 Masthead Court 025-1010-017660 VLB lot 43 5006 Masthead Court 025-1010-017661 VLB lot 44 5018 Masthead Court 025-1010-017662 VLB lot 45 5023 Masthead Court 025-1010-017663 VLB lot 46 5015 Masthead Court 025-1010-017664 VLB lot 47 5005 Masthead Court 025-1010-017665 VLB lot 48 4925 Masthead Court 025-1010-017666 VLB lot 49 4917 Masthead Court 025-1010-017667 VLB lot 50 4907 Masthead Court 025-1010-017668 6615 Leeway Drive VLB lot 51 6629 Leeway Drive 025-1010-017669 4908 Bow Line Court VLB lot 52 4918 Bow Line Court 025-1010-017670 VLB lot 53 4926 Bow Line Court 025-1010-017671 VLB lot 54 5002 Bow Line Court 025-1010-017672 VLB lot 55 5010 Bow Line Court 025-1010-017673 VLB lot 56 5013 Bow Line Court 025-1010-017674 VLB lot 57 5003 Bow Line Court 025-1010-017675 VLB lot 58 4933 Bow Line Court 025-1010-017676 VLB lot 59 4925 Bow Line Court 025-1010-017677 VLB lot 60 4919 Bow Line Court 025-1010-017678 VLB lot 61 4909 Bow Line Court 025-1010-017679 21 REGULAR MEETING VLB lot 62 4838 Portside Drive 025-1010-017680 VLB lot 63 4840 Portside Drive 025-1010-017681 VLB lot 64 4830 Portside Drive 025-1010-017682 VLB lot 65 4822 Portside Drive 025-1010-017683 VLB lot 66 4814 Portside Drive 025-1010-017684 VLB lot 67 4804 Portside Drive 025-1010-017685 VLB lot 68 4746 Portside Drive 025-1010-017686 VLB lot 69 4738 Portside Drive 025-1010-017687 VLB lot 70 4730 Portside Drive 025-1010-017688 VLB lot 71 4722 Portside Drive 025-1010-017689 VLB lot 72 4712 Portside Drive 025-1010-017690 VLB lot 73 4704 Portside Drive 025-1010-017691 VLB lot 74 6641 Dockside Drive 025-1010-017692 VLB lot 75 4627 Pier Court 025-1010-017693 VLB lot 76 4619 Pier Court 025-1010-017694 VLB lot 77 4611 Pier Court 025-1010-017695 VLB lot 78 4603 Pier Court 025-1010-017696 VLB lot 79 4604 Pier Court 025-1010-017697 VLB lot 80 4614 Pier Court 025-1010-017698 VLB lot 81 4624 Pier Court 025-1010-017699 VLB lot 82 4632 Pier Court 025-1010-0177 6626 Dockside Drive VLB lot 83 6631 Dockside Drive 025-1010-017701 VLB lot 84 6623 Dockside Drive 025-1010-017702 VLB lot 85 6613 Dockside Drive 025-1010-017703 VLB lot 86 6605 Dockside Drive 025-1010-017704 VLB lot 87 4635 Starboard Drive 025-1010-017705 VLB lot 88 4645 Starboard Drive 025-1010-107706 VLB lot 89 4703 Starboard Drive 025-1010-017707 VLB lot 90 4711 Starboard Drive 025-1010-017708 VLB lot 91 4719 Starboard Drive 025-1010-017709 VLB lot 92 6520 Lake Crest Circle 025-1010-017710 VLB lot 93 6530 Lake Crest Circle 025-1010-017711 VLB lot 94 6539 Lake Crest Circle 025-1010-017712 VLB lot 95 6521 Lake Crest Circle 025-1010-017713 VLB lot 96 4805 Starboard Drive 025-1010-017714 VLB lot 97 4813 Starboard Drive 025-1010-017715 VLB lot 98 4821 Starboard Drive 025-1010-017716 VLB lot 99 4829 Starboard Drive 025-1010-017717 VLB lot 100 4903 Starboard Drive 025-1010-017718 VLB lot 101 6530 Leeway Drive 025-1010-017719 VLB lot 102 6604 Leeway Drive 025-1010-017720 VLB lot 103 6612 Leeway Drive 025-1010-017721 VLB lot 104 6620 Leeway Drive 025-1010-017722 VLB lot 105 6628 Leeway Drive 025-1010-017723 VLB lot 106 6634 Leeway Drive 025-1010-017724 be designated as a Residentially Distressed Area; and OCTOBER 22, 2007 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 a residentially distressed area have been met. WHEREAS, the Council issued a Confirmatory Resolution confirming the adoption of the Declaratory Resolution as Resolution No. 3138-02 on December 9, 2002; and 22 REGULAR MEETING OCTOBER 22, 2007 WHEREAS, the petitioner has requested an additional period of time to complete construction of the planned project. 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 Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within one (1) calendar year from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby reconfirms its Declaratory Resolution and its Confirmatory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to SIX (6) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is 23 REGULAR MEETING OCTOBER 22, 2007 qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter disclosed that the lives at the Villas at Lake Blackthorn and receives a tax abatement on his property. After discussion with the Council Attorney Kathleen Cekanski-Farrard, it was determined that no conflict exits. Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee met this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Steve Cooreman, Developer, Cooreman Real Estate Group, Inc., 4404 Technology Drive, South Bend, Indiana, made the presentation for this bill. Mr. Cooreman advised that he is seeking an extension of an existing five-year tax abatement for Section One of The Villas at Lake Blackthorn (VLB) subdivision. He stated that there were a number of circumstances that contributed to this extension. Mr. Cooreman noted that a change in personnel; the business move to a new location on Technology Drive and he was under the impression that the five-year deadline applied only to the length of time an individual property owner could receive the property tax deduction. Mr. Cooreman advised that they also thought the development would be sold out and underestimated the negative impact that the property taxes would have on the sale pace of the lots. Mr. Cooreman asked the Council for their favorable consideration. 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 eight (8) ayes. BILLS -FIRST READING BILL NO. 70-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 623 S. ST. JOSEPH STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 71-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE IV, SECTION 4-30, TITLED HOTELS AND MOTELS, OF THE SOUTH BEND, MUNICIPAL CODE This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance and the Health and Public Safety Committees and set it for 24 REGULAR MEETING OCTOBER 22, 2007 Public Hearing and Third Reading on November 26, 2007. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 72-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,321 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT' S EMERGENCY SHELTER GRANT PROGRAM 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 November 12, 2007. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 73-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FUNDING $30,000.00 FROM CDBG 2006 EXCESS PROGRAM INCOME TO VARIOUS ACCOUNTS WITHIN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF CONINIUNITY 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 November 12, 2007. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 74-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $2,432,573 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) 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 JANUARY 1, 2008 TO BE ADMINISTERED THROUGH THE DEPARTMENT OF CONINIUNITY 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 November 12, 2007. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 75-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $360,083 AMONG VARIOUS ACCOUNTS WITHIN FUND 25 REGULAR MEETING OCTOBER 22, 2007 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF CONINIUNITY AND ECONOMIC DEVELOPMENT 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 November 12, 2007. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION BILL NO. 53-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3030 NORTHSIDE BLVD, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 12, 2007. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS Councilmember Kirsits advised that the Zoning & Annexation Committee will be taking a Walking Tour of Marquette Primary Center on Tuesday, October 23, 2007 at 6:00 p.m. He further noted that the Walking Tour scheduled for Madison Primary Center originally scheduled for Thursday, October 25, 2007 has been cancelled due to Parent-Teacher Conferences being held that evening. The tour has been rescheduled to Tuesday, October 30, 2007 at 6:00 p.m. Councilmember White, Chairperson, Health and Public Safety Committee advised that she would like a comprehensive review and status update of the Quality of Life/Scrap Metal Ordinance. Councilmember Pfeifer noted that if the ordinance is not being enforced she would like to know what it will take to get the Quality of Life/Scrap Metal Ordinance enforced. 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 8:05 p.m. ATTEST: ATTEST: 26 REGULAR MEETING OCTOBER 22, 2007 John Voorde, City Clerk Timothy A. Rouse, President 27