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HomeMy WebLinkAbout11/12/07 Council Meeting MinutesREGULAR MEETING NOVEMBER 12, 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, November 12, 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 Roland "Randy" Kelly Ann Puzzello David Varner Al "Buddy" Kirsits Timothy Rouse 1st District 3rd District 4th District Vice-President 5th District At-Large At-Large President Absent: Charlotte Pfeifer Ervin Kuspa Karen L. White OTHERS PRESENT: 2nd District 6th District At-Large Chairperson Committee of the Whole 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 22, 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 22, 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 RESOLUTION NO. 3807-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING DONALD F. FOZO FOR HIS MORE THAN THIRTY-ONE (31) YEARS OF DEDICATED PUBLIC SERVICE TO OUR COMMUNITY AND FOR SERVING AS OUR BUILDING COMMISSIONER 1 REGULAR MEETING NOVEMBER 12, 2007 Whereas, the Common Council of the City of South Bend, Indiana, notes that Donald F. Fozo, retired as the Building Commissioner of the City of South Bend and St. Joseph County on Friday, November 9, 2007, a position which he held since the consolidation of the departments on January 1, 1992; and Whereas, the Common Council is proud to recognize that this Mishawaka Caveman served as Assistant Building Commissioner for the City of Mishawaka from 1976 to 1979; was the Building Commissioner for St. Joseph County from 1979 until the consolidation with South Bend in 1992; and for the past fifteen (15) years has served as the Building Commissioner for the city and the county, where he has supervised a staff which included aDesign/Plan Review Specialist, a Assistant Zoning Administrator, a Fiscal Officer/Office Manager, a Zoning Appeals/Administrative Assistant; three (3) Permit Secretaries; one (1) Licensing Secretary, three (3) Building Inspectors, two (2) Electrical Inspectors; one (1) Plumbing Inspector, and two (2) Heating Inspectors; and Whereas, in addition to attending many continuing education classes at Indiana University South Bend, Ball State University, Indiana/Purdue University Indianapolis, and the University of Notre Dame, Don has excelled in his career & received many, many honors such as being named the Indiana Building Official of the Year in 1989, winning the Golden Hammer Award in 1990 from the Homebuilders Association of St. Joseph Valley; winning the Community Alive with Service Award in 1992 from the South Bend/Mishawaka Area Chamber of Commerce, being the 1st recipient of the Michiana Builders Association Outstanding Contribution to the Construction Industry award; while also serving on many boards & commissions such as the Indiana Fire Prevention & Building Safety Commission; the International Conference of Building Officials General Code Committee; Chaired the Scholarship Committee of the Indiana Association of Building Officials for 4 years; being a 23-year member of the International Conference of Building Officials; and being a 30 year member of the Indiana Association of Building Officials; and Whereas, under Don Fozo's leadership and expertise, the consolidation of the city's building department and the county's building department has become a shining example for other departments to emulate and model. 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 and publicly honors Donald F. Fozo for his more than thirty-one (31) years of dedicated public service to the South Bend, St. Joseph County and Mishawaka communities. Section II. Don Fozo will long be remembered as a dedicated and caring public servant who always took the time to answer questions, to give advice, to mentor, to lend a hand, and to be an overall great guy. Section III. The South Bend Common Council sincerely THANKS Don Fozo for his many, many years of tireless service, for coming to countless Zoning and Annexation Committee meetings and South Bend Common Council meetings to give reports on the actions of the Board of Zoning Appeals, and especially thanks him for his straight- forward, common sense advise and recommendations, which have truly been appreciated over the years. Section IV. The Council wishes Don, (A/K/A the "best Head United Way hot dog cooker in the land") only the best as he becomes today, the new Executive Director of the Michiana Area Construction Industry Advancement Fund (MACIAF) who will be responsible for promoting and advancing the construction industry; and further wishes Don and his wife, Kathy, and their family the very best in the years ahead, and we hope to see him continuing to jog over his lunch hour throughout our great city. 2 REGULAR MEETING NOVEMBER 12, 2007 Section V. 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/KathleenCekanski-Farrand, Council Attorney s/Ervin Kuspa, 6th District s/Timothy A. Rouse, At Large s/Al "Buddy" Kirsits, At Large s/Karen L. White, At Large Attest: Adopted this 12th day of November, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Puzzello made the presentation for this Resolution by reading it in its entirety and presenting it to Mr. Fozo. Mr. Fozo thanked the Council for this honor. He stated that it has been a pleasure and an honor to serve and work with everyone on the Council and the Administration. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried by a voice vote of six (6) ayes. RESOLUTION NO. 3808-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING CHARLES "CHUCK" ROEMER FOR HIS DEDICATED SERVICE TO OUR COMMUNITY AND IN PARTICULAR FOR HIS VISION IN FOUNDING THE SOUTH BEND/MISHAWAKA CHAMBER LEADERSHIP PROGRAM Whereas, the Common Council of the City of South Bend, Indiana, notes that Charles Roemer is a lifelong resident of our community, who graduated from the University of Notre Dame in 1958; and Whereas, the Common Council further recognizes that in 1975, Chuck Roemer founded the South Bend/Mishawaka Chamber Leadership Program which identifies and trains young people to be future leaders in our community: Whereas, Chuck Roemer ran the South Bend/Nlishawaka Chamber Leadership Program for many years and continues to remain active in this organization today; and Whereas, Chuck Roemer's vision has resulted in the Chamber's Leadership Program annually training forty (40) adults who live and/or work in South Bend and Mishawaka and forty (40) youth members from area high schools, who are trained in leadership skills and have the opportunity to gain new perspectives from community leaders from the private and public sectors; and Whereas, the Chamber's Leadership Program is a nine (9) month in-depth leadership training program which instills stewardship for the community and civic education, and is an affiliate of the Chamber of Commerce of St. Joseph County; and Whereas, the South Bend Common Council is proud to further recognize some of the many other achievements which Chuck Roemer has made to our community such as being the co-founder of the Community Foundation of St. Joseph County which offers 3 REGULAR MEETING NOVEMBER 12, 2007 financial support to other community charities; co-founded the Parish Council at St. Joseph's Church of South Bend; and volunteers at the Center for Hospice and Palliative Care. 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 and publicly honors Charles "Chuck" Roemer for his many leadership talents and his years of dedicated service to our community. Section II. Because of Chuck Roemer's passionate involvement in community affairs and his positive and innovative vision, nearly 1,200 leaders have been trained in the South Bend/Mishawaka Chamber Leadership Program and are today, contributing members of our community. Section III. The South Bend Common Council sincerely THANKS Chuck Roemer for his many, many years of selfless dedication which have truly left positive imprints across our city, and wishes him and his wife, Denise, only the best in the years ahead. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter, 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 12th day of November, 2007 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Kelly made the presentation for this Resolution by reading it in its entirety and presenting it to Mr. Roemer. Mr. Roemer thanked the Council for this Resolution. Councilmember Puzzello made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:30 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 six (6) ayes. Councilmember Puzzello, Vice-President, presiding. Councilmember Puzzello explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-ll of the South Bend Municipal Code. Councilmember Puzzello stated that a brochure maybe found on the railing in the Council Chambers explaining those procedures. 4 REGULAR MEETING NOVEMBER 12, 2007 PUBLIC HEARINGS BILL NO. 61-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1905 COLLEGE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to continue this bill until the November 26, 2007 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 53-07 PUBLIC HEARING ON A BILL 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 strike this bill at the request of the petitioner. Councilmember Rouse seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 72-07 PUBLIC HEARING 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 Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Ms. Pam Meyer, Executive Director, Community and Economic Development, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would appropriate $118,321 in 2008 Emergency Shelter Grant (ESG) funds as part of the 2008 Action Plan of the 2005-2009 Housing & Community Development Plan. She noted that the distributions would be for the Center for the Homeless, AIDS Ministries/AIDS Assist, Youth Service Bureau and the YWCA. Ms. Meyer noted that the proposed allocation of funds were made public September 28, 2007 fora 30-day public comment period. The plan was also the subject of two (2) public hearings on October 11, 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 as substituted. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. REGULAR MEETING NOVEMBER 12, 2007 BILL NO. 73-07 PUBLIC HEARING 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 Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Ms. Pam Meyer, Executive Director, Community and Economic Development, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would approve $30,000 in CDBG Program Income funds for Improvements to South Bend Heritage Foundations Offices for use by the Salvation Army for the next 2-3 years while it completes its fund raising campaign and through the actual construction of the Kroc Center. These funds listed as Excess Program Income from the 2006 CDBG Program. Program income has been received from the repayment of old CDBG loans at a higher level than expected in 2006. Ms. Meyer noted that these allocation of funds were made public October 10, 2007 fora 30-day public comment period. The allocation was also the subject of a public hearing on October 22, 2007. Ms. Charlotte Sobel, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, stated that she appreciates the City of South Bend for it's total cooperation in the development of the Kroc Center. She noted that South Bend Heritage has already contributed $150,000 and truly appreciates the efforts of everyone involved. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 74-07 PUBLIC HEARING 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 Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. 6 REGULAR MEETING NOVEMBER 12, 2007 Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Councilmember Kirsits made a motion to amend the substitute version of this bill as on file in the Office of the City Clerk Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. Ms. Pam Meyer, Executive Director, Community and Economic Development, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that the amendment to this bill should read to decrease South Bend Home Improvement Program from $436,212 to $430,577 and increase LaCasa Public Service Outreach Program from $14,365 to $20,000. Ms. Meyer further noted that the City of South Bend in partnership with the City's private sector and residents, are committed to the goal of improving the "quality of life" in the City, its neighborhoods, and for its residents. She noted that as a part of this commitment to a comprehensive community development and improvement program, the City of South Bend, through the Department of Community and Economic Development, will apply for and anticipates receiving on or about January 1, 2008 the approval of the United States Department of Housing and Urban Development to expend $2,432,573 in the execution of certain housing rehabilitation/assistance, code enforcement, public improvement, neighborhood development, public service, and general program planning and development activities. 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 substitute bill as amended. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 75-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $360,083 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF CONINIUNITY AND ECONOMIC DEVELOPMENT Councilmember Rouse made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Ms. Pam Meyer, Executive Director, Community and Economic Development, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this bill would allow for the transfer of $360,083 in Community Development Block Grant Funds as part of the 2008 Action Plan of the 2005-2009 Housing & Community Development Plan. The allocation of funds were made public 7 REGULAR MEETING NOVEMBER 12, 2007 September 28, 2007 fora 30-day public comment period. The plan was also the subject of 2 public hearings on October 11, 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 as substituted. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILLS -THIRD READING ORDINANCE NO. 9803-07 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9804-07 AN ORDINANCE 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 COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Dieter made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9805-07 AN ORDINANCE 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 third reading. Councilmember Dieter made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Kirsits seconded the motion which REGULAR MEETING NOVEMBER 12, 2007 carried by a voice vote of six (6) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9806-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $360,083 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Puzzello made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. RESOLUTIONS RESOLUTION NO. 3809-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 813 SOUTH BEND AVENUE, SOUTH BEND, INDIANA Whereas, Indiana Code Section 36-7-4-918.6, required the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions for 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 at: 813 South Bend Avenue, South Bend, Indiana, 46617 in order to permit the construction of asingle-family home 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. 9 REGULAR MEETING NOVEMBER 12, 2007 SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 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; 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 recommendations of the City of South Bend Comprehensive plan; 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 Councilmember Al "Buddy" 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 no recommendation. Mr. Chuck Bulot, Interim Director, St. Joseph County 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 petitioners are seeking a special exception to allow a single family residence in a "1VIF1" District. He noted that the Board of Zoning Appeals held a public hearing on October 18, 2007 and sends this bill to the Common Council with a favorable recommendation. Ms. Charlotte Sobel, Director of Development & Special Projects, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Ms. Sobel advised that this bill would allow for the construction of a new, market-rate single-family home in an area zoned "1VIF 1". She advised that Northeast Revitalization Organization (NNRO) staffed by South Bend Heritage Foundation (SBHF), purchased this property from the University of Notre Dame in 2004. At that time, the property was the site of a dilapidated single-family home that was uninhabited and in extreme disrepair. The property was demolished to rid the Northeast neighborhood of an eyesore. In August of 2007, the NNRO sold the property to Custom Homes by Petty. Custom Homes by Petty purchased the property to build a new market-rate single-family home. Ms. Sobel stated that the NNRO Board of Directors fully supports this proposal. Custom Homes by Petty then went to the South Bend/St. Joseph County Building Department to pull a building permit for 813 South Bend Avenue. The issuance of a building permit was denied due to the current zoning of the property, "MF 1". The NNRO, SBHF, as well as Custom Homes by Petty, assumed the property was zoned SF2 as that had been the use of the property for over 50 years. Ms. Sobel urged the Council's favorable consideration of this bill. 10 REGULAR MEETING NOVEMBER 12, 2007 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. RESOLUTION NO. 3810-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP 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 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, South Bend, Indiana, and which is more particularly described as follows: Legal Description: lots 396 through 402 and 409 through 415 within Lafayette Falls, Phase III, Section One: 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 409 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 11 REGULAR MEETING NOVEMBER 12, 2007 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; 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, 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. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 12 REGULAR MEETING NOVEMBER 12, 2007 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. 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 13 REGULAR MEETING NOVEMBER 12, 2007 adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Derek Spier, Planner, Abonmarche, 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill on behalf of Kendall Weiss, LLP, the owners. Mr. Spier 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- halfbaths and range in size from 1,200 to over 2,500 square feet with eight-foot basement walls and attached garage, optional fireplaces, and vinyl siding with stone and/or brick accents. The average cost of the homes will be approximately $180,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) 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 Dieter made a motion to continue Bill Nos. 07-122 and 07-80 until the November 26, 2007 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. 14 REGULAR MEETING NOVEMBER 12, 2007 RESOLUTION NO. 3811-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONSENTING TO AND APPROVING THE ISSUANCE OF BY ST. JOSEPH COUNTY, INDIANA OF ITS VARIABLE RATE EDUCATION FACILITIES REVENUE BONDS, SERIES 2007 (UNIVERSITY OF NOTRE DAME DU LAC PROJECT) AND ITS MUNICIPAL COMMERCIAL PAPER NOTES (UNIVERSITY OF NOTRE DAME DU LAC) IN CONNECTION WITH THE FINANCING OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES WHEREAS, the City of South Bend, Indiana (the "City"), is a municipal corporation and political subdivision of the State of Indiana and by virtue of Ind. Code §36-7-12-22(b) is authorized and empowered to adopt this Resolution; and WHEREAS, the University of Notre Dame du Lac, an Indiana non-profit corporation (the "University"), desires to undertake certain projects consisting of (i) construction of an addition to the Mason Support Services Center, (ii) renovation and improvements to laboratory facilities within Nieuwland Science Hall, (iii) general construction and renovation projects, including construction and or renovation of and improvements to residence halls, athletic, academic, and student service facilities, security facilities, utility facilities and infrastructure, and improvements to roads, walkways and parking lots, including site improvements and landscaping, (iv) refunding of all or a portion of certain bonds (A) designated as Indiana Educational Facilities Authority Educational Facilities Refunding Revenue Bonds, Series 1997 (University of Notre Dame du Lac Project) (the "County Series 1997 Bonds"), the proceeds of which IEFA Series 1997 Bonds and County Series 1997 Bonds were each used to finance or refinance educational facilities for the University located on its campus which are owned and operated by the University, and (v) the acquisition, construction, expansion, renovation or equipping of any other educational facilities for the University (collectively, the "Project"); and WHEREAS, the University has requested that St. Joseph County, Indiana (the "County") issue, sell and deliver its Variable Rate Educational Facilities Revenue Bonds, Series 2007 (University of Notre Dame du Lac Project) in an aggregate principal amount not to exceed $80,000,000 (the "Bonds"), and to issue, sell and deliver its Municipal Commercial Paper Notes (University of Notre Dame du Lac), in an aggregate principal amount of not to exceed $200,000,000 (the "Notes"); and WHEREAS, Ind. Code §36-7-12-22(b), provides in relevant part that "economic development facilities that are located inside the corporate boundaries of a municipality may not be financed by a county without the consent of the fiscal body of the municipality," and WHEREAS, the Common Council of the City (the "Common Council"), the fiscal body of the municipality in which a portion of the Project is to be located, desires to consent to the financing of the Project by the County through the issuance of the Bonds and Notes, pursuant to Ind. Code §and WHEREAS, the St. Joseph County Economic Development Commission (the "Commission") has conducted a public hearing (the "Public Hearing") with respect to the proposed issuance of the Bonds and Notes on behalf of (i) itself, (ii) the County, and (iii) the City; and WHEREAS, the Common Council has been presented with copies of the legal notice of the Public Hearing, together with a copies of the Resolution and Report of the Commission pertaining to the issuance of the Bonds and Notes, and the proposed Ordinance to be adopted by the County authorizing the issuance of the Bonds and Notes; and 15 REGULAR MEETING NOVEMBER 12, 2007 WHEREAS, the Common Council, being duly advised, finds that it is in the best interests of the City and its citizens to approve the issuance of the Bonds and Notes, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: Section 1. The Common Council of the City hereby consents, pursuant to the provisions of Ind. Code §36-7-12-22(b), to the financing of the Project by the County and its Economic Development Commission, and having jurisdiction with respect to a portion thereof hereby transfers such jurisdiction to the County. Section 2. The Common Council of the City, the elected fiscal body of the governmental unit having jurisdiction over the area in which a portion of the Project to be financed with the proceeds of the Bonds and/or Notes is located, after a public hearing following reasonable notice, hereby approves the authorization, execution, issuance and delivery of the Bonds and Notes by the County, as required by Section 1470 of the Code. Section 3. This Resolution shall be in full force and effect immediately upon its adoption by the Common Council. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter, 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. Mr. Philip J. Faccenda, Jr., Attorney at Law, Barnes & Thornburg, LLP, 600 1st Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill. Mr. Faccenda advised that this bill for the Council consent is concerning the issuance of bonds and notes to be issued by St. Joseph County for projects for the University of Notre Dame du Lac. He noted that the South Bend Common Council must consent to the issuance of the Bonds and Notes by St. Joseph County under the EDC statute (Ind. Code §36-7-12-22(b)), since proceeds of the Bonds or Notes could be spent on project within the boundaries of the City of South Bend (proposed tech park). 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 Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. RESOLUTION NO. 3812-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE FIVE YEAR INTERLOCAL AGREEMENT WITH ST. JOSEPH COUNTY CONCERNING EMS SERVICES FOR THE YEARS 2008-2012 WHEREAS, the City of South Bend, Indiana, has a long and successful history of providing medical services to its residents; and 16 REGULAR MEETING NOVEMBER 12, 2007 WHEREAS, St. Joseph County, Indiana, wishes to provide the very best emergency medical services to its residents and feels that this can be provided by the City of South Bend; and WHEREAS, LC. 36-1-7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise jointly or by one entity on behalf of the other powers that may be exercised by such units severally; and WHEREAS, commencing in December 1997, the City of South Bend has provided emergency medical services for St. Joseph County under Interlocal Agreement. The parties wish to continue that relationship; and WHEREAS, the Executives of both the City of South Bend and St. Joseph County have reached an agreement on this payment and have approved the Five Year Interlocal Agreement Concerning EMS Services attached hereto. NOW THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF SOUTH BEND, INDIANA, UNDER LC. 36-1-7, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section 1. That the Common Council of the City of South Bend, Indiana, has considered and hereby approves and ratifies the Five Year Interlocal Agreement Concerning EMS Services for the years 2008 through 2012, attached hereto. Section 2. 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 Puzzello, Vice-Chairperson, Health and Public Safety 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. Steven Cox, Assistant Chief E.M.S., South Bend Fire Department, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Assistant Chief Cox advised that this bill would approve aFive-Year Interlocal Agreement for EMS services for the unincorporated areas of St. Joseph County for the years 2008 - 2012. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. BILLS -FIRST READING 17 REGULAR MEETING NOVEMBER 12, 2007 BILL NO. 76-07 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF LAFAYETTE BLVD. FROM THE NORTH RIGHT OF WAY LINE OF IRELAND ROAD NORTH APPROXIMATELY 261 FEET WITH A VARIED WIDTH LOCATED IN THE SOUTHWEST PORTION OF THE CITY OF SOUTH BEND, INDIANA IN THE 6TH COUNCILMANIC DISTRICT 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 November 26, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 77-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, OF THE SOUTH BEND MUNICIPAL CODE TO ADD SECTION 37.1, TO REQUIRE REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED BUILDINGS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on November 26, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 78-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on November 26, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 79-07 FIRST READING A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2007 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on 18 REGULAR MEETING NOVEMBER 12, 2007 November 26, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 80-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $250,000 FROM THE LOCAL ROAD AND STREET ACCOUNT (FUND 251), FOR PRECONSTRUCTION COSTS TO IMPROVE STREETS AT AND NEAR THE INTERSECTION OF IRONWOOD DRIVE AND MCKINLEY AVENUE This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on November 26, 2007. Councilmember Kirsits seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 81-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A LEASE FOR CERTAIN PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION 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 December 10, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 82-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 19, SECTION 2-213(A) OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE THE TABLE OF CODE VIOLATIONS AND PENALTIES This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on January 14, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. UNFINISHED BUSINESS REPORT FROM BOARD OF ZONING APPEALS BILL NO. 07-134 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEAL FOR THE PROPERTY LOCATED AT 1126 VICTORY DRIVE 19 REGULAR MEETING NOVEMBER 12, 2007 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 26, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. NEW BUSINESS There was no new business to come before the Council at this time. 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 8:30 p.m. ATTEST: John Voorde, City Clerk ATTEST: Timothy A. Rouse, President 20