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HomeMy WebLinkAbout01-14-08 Common Council MinutesREGULAR MEETING JANUARY 14, 2008 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, January 14, 2008 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 Henry Davis, Jr. Thomas LaFountain Ann Puzzello David Varner Oliver Davis Al "Buddy" Kirsits Timothy Rouse Karen L. White OTHERS PRESENT: 1st District, Chairperson Committee of the Whole 2nd District 3rd District 4th District 5th District 6th District Vice-President At-Large At-Large President At-Large 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 December 10, 2007 and January 7, 2008, meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the December 10, 2007 and January 7, 2008 meetings of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Council President Tim Rouse announced that the South Bend Common Council has ten (10) openings for South Bend Citizens on their Standing Committees. Standing Committees of the Council include, Community & Economic Development; Community Relations; Health and Public Safety; Information & Technology; Parks, Recreation, Cultural Arts & Entertainment (PARCS); Personnel & Finance; Public Works & Property Vacation; Residential Neighborhoods; Utilities; and Zoning & Annexation. Applications & Brochures are available on line @ www.southbendin.gov and in the City Clerk's Office on the 4th Floor of the County-City Building. The deadline to apply is January 25, 2008. RESOLVE INTO THE COMMITTEE OF THE WHOLE REGULAR MEETING JANUARY 14, 2008 At 7:07 p.m. Councilmember White made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter, Chairperson, Committee of the Whole, presiding. Councilmember Dieter 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 Dieter stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 86-07 JOSEPH COUNTY, INDIANA PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THEY ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF MEADE STREET FROM KENWOOD AVENUE SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 14 FEET. BEING A PART OF KALEY'S 1sT SUBDIVISION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. Ramadan Salameh, 2530 Kenwood Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Salameh advised that the purpose of this vacation of this property is for elimination of neighborhood individuals using this alley for gathering, hanging out, making noise, drinking and in general trashing the adjoining properties. 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 71-07 PUBLIC HEARING 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 Councilmember Puzzello made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 82-07 PUBLIC HEARING ON A BILL OF THE 2 REGULAR MEETING JANUARY 14, 2008 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 Councilmember Puzzello made a motion to continue this bill until the January 28, 2008 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 87-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 43 5 TIF DISTRICT -DOUGLAS ROAD ECONOMIC DEVELOPMENT ALLOCATION AREA Councilmember Tom LaFountain, Chairperson, Personnel & Finance 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. Beth Leonard, Director, Financial & Program Management, Community & Economic Development, 12th Floor County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill would create a new fund for the Douglas Road Economic Development Allocation Area Fund as recently established by the Redevelopment Commission. 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 White made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Puzzello made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: John Voorde, City Clerk ATTEST: Derek D. Dieter, Chairperson Committee of the Whole REGULAR MEETING JANUARY 14, 2008 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 7:17 p.m. Council President Tim Rouse presided with nine (9) members present. BILLS -THIRD READING ORDINANCE NO. 9816-08 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THEY ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF MEADE STREET FROM KENWOOD AVENUE SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 14 FEET. BEING A PART OF KALEY'S 1sT SUBDIVISION, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill third reading. Councilmember White made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9817-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 435 TIF DISTRICT - DOUGLAS ROAD ECONOMIC DEVELOPMENT ALLOCATION AREA This bill 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 nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3821-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 SOUTH MICHIGAN STREET FLOORS 1,2,4,5,9 AND 11 TO 14 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR KEY SB, LLC, THE H1NIVIAN COMPANY WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and 4 REGULAR MEETING JANUARY 14, 2008 WHEREAS, a Declaratory Resolution designated the area commonly known as 202 S. Michigan Street, South Bend, Indiana, Floors 1, 2, 4, 5, 9 and 11 to 14, and which is more particularly described as follows: Lot 47 40' W Cor & Vacated Alley W & Adj & W 40 X 54' Lot 48 Ex Sw Cor O P So Bend; Lots 47 & 48 Ex W 40' Original Plat So Bend; and 42.18 Ft E End Lot 58 & 19.05 X 42.36 Ft N E Cor Lot 57 O P South Bend and which has Key Numbers 18-3003-0054; 18-3003-0056; and 18-3003-0044, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of 9 years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing to hear the pros and cons on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Jamie Ruiz, (a/k/a Jamie Wade) CBRE, as agent for the Hinman Company, 202 S. Michigan, South Bend, Indiana, made the presentation for this bill. Ms. Ruiz stated that this rehabilitation project includes interior office space remodeling and exterior renovation to the Key Tower Building as well as renovation to the adjacent Plaza Courtyard. The office space remodeling includes the build out of 32,962 sq. ft. on the 11th, 12t , 13th, and 14th floors for the new tenant, Bakers & Daniels. It also includes the build out of 3,300 sq. ft. of office space on the 9th floor, necessary to relocate tenant, Stiffel, Nicoulaus & Company, for the Bakers & Daniels move in. The ground floor lobby of the building will be renovated to provide additional and improved entry space. Exterior renovations include installing new "Key Bank" and "Baker & Daniels, LLC" signage near the top of the building, the addition of facade and coloring to the building and installing an awning to the north side of the building. The Plaza Courtyard improvements will include a green space. Ms. Wade further noted that these renovations 5 REGULAR MEETING JANUARY 14, 2008 are all necessary to bring the Key Tower Building to class "A" space and make it possible for Baker & Daniels to be a long term tenant in the downtown South Bend building. 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 nine (9) 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 Councilmember Puzzello made a motion to continue this bill until the January 28, 2008 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 08-01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3927 RIVERSIDE DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR EDWARD A MYERS Councilmember Varner made a motion to continue this bill until the January 28, 2008 meeting of the Council, due to the lack of a presenter. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3822-08 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 6804 MACKEY coURT ~oR 1 s 11 sTADr~M DRIVE), 6s 1z, 6816, 6820, 6824,6828, 6832, 6836, 6840, 6844 MACKEY COURT, 1523 MACKEY DRIVE (OR 6848 MACKEY COURT), 6847 STEWART DRIVE (OR 1517 MACKEY DRIVE), 6846 STEWART DRIVE OR (OR 1415 MACKEY DRIVE), 1416 MACKEY DRIVE, 1424 MACKEY DRIVE (OR 6904 STEWART DRIVE), AND 6811 MACKEY COURT (OR 1529 BRICK DRIVE) ALL IN LAFAYETTE FALLS, PHASE III, SECTION 3 AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP 6 REGULAR MEETING JANUARY 14, 2008 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 6804 MACKEY COURT (OR 1511 STADIUM DRIVE), 6812, 6816, 6820, 6824, 6828, 6832, 6836, 6840, 6844 MACKEY COURT, 1523 MACKEY DRIVE (OR 6848 MACKEY COURT), 6847 STEWART DRIVE (OR 1517 MACKEY DRIVE), 6846 STEWART DRIVE (OR 1415 MACKEY DRIVE), 1416 MACKEY DRIVE, 1424 MACKEY DRIVE (OR 6904 STEWART DRIVE), AND 6811 MACKEY COURT (OR 1529 BRICK DRIVE) ALL IN LAFAYETTE FALLS, South Bend, Indiana, and which is more particularly described as follows: Legal Description: 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 More Particularly Described As Follows: Commencing At The Northwest Corner Of Said Northwest Quarter, Said Corner Lying South 89 Degrees 04 Minutes 47 Seconds East, A Distance Of 281.17 Feet From The Southwest Corner Of The Southwest Quarter Of Section 35, Township 37 North, Range 2 East, Said Southwest Corner Being Marked By A 5/8 Inch Diameter Rod, 0.1 Feet Below The Road Surface; Thence South 00 Degrees 16 Minutes 41 Seconds West, Along The West Line Of Said Northwest Quarter, A Distance Of 1981.16 Feet To The Southwest Corner Of Lot 283 In Lafayette Falls, Section Five & Lafayette Falls, Phase Iii, Lots 405 & 406 As Recorded Under Instrument Number 0704435 In The Office Of Recorder Of Said County And The Point Of Beginning; Thence The Next Four Courses Along The Boundary Of Said Lafayette Falls, Section Five & Lafayette Falls, Phase Iii, Lots 405 & 406 Exclusive Of Outlot `B": (1) North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 218.40 Feet To The Point Of Curvature Of ANon-Tangent Curve, Concave Southeast, Having A Radius Of 30.00 Feet, Being Subtended By A Chord Length Of 42.22 Feet, Bearing North 45 Degrees 16 Minutes 59 Seconds East; (2) Thence Northeasterly Along Said Curve, A Distance Of 46.83 Feet; (3) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 84.92 Feet; (4) Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 71.62 Feet To The Northwest Corner Of Lot 407 In Lafayette Falls, Phase Iii, Section One As Recorded Under Instrument Number 0728461 In The Office Of Said Recorder; Thence The Next Four Courses Along The Boundary Of Said Lafayette Falls, Phase Iii, Section One: (1) South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 405.00 Feet; (2) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 128.71 Feet To The Point Of Curvature Of ANon-Tangent Curve, Concave To The North, Having A Radius Of 62.00 Feet, Being Subtended By A Chord Length Of 89.59 Feet, Bearing North 85 Degrees 50 Minutes 22 Seconds West; (3) Thence Easterly Along Said Curve A Distance Of 100.12 Feet; (4) Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 133.31 Feet; Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 65.00 Feet; Thence North 90 Degrees 00 Minutes 00 Seconds East, A Distance Of 25.12 Feet; Thence South 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 187.02 Feet To The South Line Of Said Northwest Quarter; Thence North 89 Degrees 19 Minutes 47 Seconds West Along Said South Line, A Distance Of 225.02 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 104.39 Feet To The Point Of Curvature Of A Tangent Curve, Concave To The Southwest, Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 42.43 Feet, Bearing North 45 Degrees 00 Minutes 00 Seconds West; Thence Northwesterly Along Said Curve, A Distance Of 47.12 Feet; Thence South 90 Degrees 00 Minutes 00 Seconds West, A Distance Of 161.42 Feet To The Point Of Curvature Of A Tangent Curve, Concave To The North, Having A Radius Of 125.00 Feet, Subtended By A Chord Length Of 30.75 Feet, Bearing North 82 Degrees 56 Minutes 08 Seconds West; Thence Westerly 7 REGULAR MEETING JANUARY 14, 2008 Along Said Curve, A Distance Of 30.82 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The South, Having A Radius Of 30.00 Feet, Subtended By A Chord Of 27.12 Feet, Bearing South 77 Degrees 15 Minutes 25 Seconds West; Thence Westerly Along Said Curve, A Distance Of 28.14 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The Northeast, Having A Radius Of 60.00 Feet, Subtended By A Chord Of 119.99 Feet, Bearing North 40 Degrees 22 Minutes 44 Seconds West; Thence Northwesterly Along Said Curve, A Distance Of 186.90 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The West, Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 27.12 Feet, Bearing North 21 Degrees 59 Minutes 07 Seconds East; Thence Northerly Along Said Curve, A Distance Of 28.14 Feet To The Point Of Curvature Of A Reverse Curve, Concave To The East, Having A Radius Of 125.00 Feet, Subtended By A Chord Length Of 10.66 Feet, Bearing North 02 Degrees 26 Minutes 36 Seconds West; Thence Northerly Along Said Curve, A Distance Of 10.66 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, A Distance Of 273.42 Feet To The Point Of Curvature Of A Tangent Curve, Concave To The Southwest, Having A Radius Of 30.00 Feet, Subtended By A Chord Length Of 42.43 Feet, Bearing North 45 Degrees 00 Minutes 00 Seconds West; Thence Northwesterly Along Said Curve, A Distance Of 47.12 Feet; Thence South 90 Degrees 00 Minutes 00 Seconds West, A Distance Of 139.07 Feet To The West Line Of Said Northwest Quarter; Thence North 00 Degrees 16 Minutes 41 Seconds East Along Said West Line, A Distance Of 140.00 Feet To The Point Of Beginning; Said Described Tract Containing 4.502 Acres, More Or Less; Subject To Right-Of--Way, 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 8 REGULAR MEETING JANUARY 14, 2008 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 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 9 REGULAR MEETING JANUARY 14, 2008 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, reported that this committee held a Public Hearing to hear the pros and cons on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Derek Spier, Abonmarche Consultants, LLC, 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill on behalf of the owners, Kendall-Weiss, LLP. Mr. Spier advised that Kendall-Weiss intends to construct sixteen (16) new, single-family homes on approximately 4.5 acres of land. The total estimated cost of the 16 homes is $2,816,800. The homes will have three to four bedrooms with 2 to 2.5 bathrooms and range in size from 1,200 to 2,500 square feet with attached garages. Each home will also have a basement with eight foot walls. Phase III, Section Three, will include approximately 1,419 linear feet of public streets, private alleys for garage access and the associated public and private utilities. The average cost of the homes will be $176,050. 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3823-08 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 918 NORTH SAINT PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BRIAN & ALISON LEVEY 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 918 North Saint Peter Street, South Bend, Indiana, and which is more particularly described as follows: West one-half Lot 128 Sorins 2"d Addition and this property has Tax Key Number 18-5107-3781, 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 10 REGULAR MEETING JANUARY 14, 2008 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 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 11 REGULAR MEETING JANUARY 14, 2008 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, reported that this committee held a Public Hearing to hear the pros and cons on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Alison Levey, owner, 604 E. Angela Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Levey advised that she and her husband intend to construct a new 2,200 square foot, 2 story home with a three car garage. The home will have three bedrooms, an open front porch, stone patio and full finished basement. There is currently a structure on the property that will be demolished prior to construction beginning. The cost of the home is estimated at $325,000. 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 Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3824-08 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 3950 WILLIAM RICHARDSON COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR RYAN FIREPROTECTION, INC. 12 REGULAR MEETING JANUARY 14, 2008 WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3950 William Richardson Court, South Bend, Indiana, and which is more particularly described as follows: Lot Numbered Two "A" (2A) as shown on the recorded Plat of Toll Road Industrial Park Phase Two, First Replat recorded January 22, 1999 as Document Number 9903191 and recorded January 12, 2000 as Document Number 0001929 all in the Office of the Recorded of St. Joseph County, Indiana, and which has Key Number 25-1013-0216 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et sec ., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. 13 REGULAR MEETING JANUARY 14, 2008 SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) years. SECTION VII. 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 VIII. 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 Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing to hear the pros and cons on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Jay Walters, Bingham Economic Development Advisors, 8900 Keystone Crossing, Suite 400, Indianapolis, Indiana, made the presentation for this bill. Mr. Walters advised that Ryan Fireprotection, Inc. is a leader in the engineering, design and construction of fire protection systems. It is currently leasing a facility in South Bend where it employs seventeen (17) people. The lease on the existing building will expire in early 2008 and the company has decided to construct a new, larger facility to meet their increasing space requirements due to strong sales growth in this region. The facility will be used for some light fabrication of fire protection systems and storage of parts. It will also serve as a base for repair and installation employees to work from. It is anticipated that the facility will serve clients within a 100 mile radius of South Bend. The new building will contain 30,000 square feet and be expandable up to a total of 50,000 square feet. The estimated cost of the building is $1,103,650. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 14 REGULAR MEETING JANUARY 14, 2008 RESOLUTION NO. 3825-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA FINANCE AUTHORITY AN APPLICATION FOR A SITE ASSESSMENT GRANT IN THE AMOUNT OF $92,386 FOR PROPERTY LOCATED AT 731 WEST CHIPPEWA AVENUE, SOUTH BEND, INDIANA WHEREAS, Indiana Land Trust 731 GRN is interested in submitting an application for a Site Assessment Grant from the Indiana Finance Authority for a Phase II Site Assessment at 731 West Chippewa Avenue in South Bend, Indiana; and WHEREAS, the Site Assessment Grant Initiative Program (SAGI) requires that the grant application be submitted by the political subdivision on behalf of a property located within its jurisdiction; and WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate applicant for a Stipulated Remediation Grant from the Indiana Finance Authority as part of the Site Assessment Grant Initiative Program. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a Site Assessment Grant Initiative Program grant application in the amount of $92,386.00 on behalf of the property owner, Indiana Land Trust 731 GRN for a Phase II Site Assessment at 731 West Chippewa Avenue, South Bend, Indiana, the former Hannover property. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Site Assessment Grant application to be submitted by the Mayor to the Indiana Finance Authority. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the Indiana Finance Authority upon approval of this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the grant should one be awarded. SECTION V. That the City of South Bend, Department of Community and Economic Development be designated as the agency and office administering on behalf of the City of South Bend any grant awarded under this application. SECTION VI. That 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, reported that this committee held a Public Hearing to hear the pros and cons on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. 15 REGULAR MEETING JANUARY 14, 2008 Ms. Ann Kolata, Senior Redevelopment Specialist, 12th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that this bill would authorize the submission of a Site Assessment Grant application to the Indiana Finance Authority through the Indiana Site Assessment Grant Initiative. The Grant application is on behalf of Indiana Land Trust 731 GRN for the property known as the Hannover property. The property is located at 731 West Chippewa Avenue and was once part of the former AM General property. It is located east of the Studebaker Commerce Center (form AM GeneraULTV facility), west of the railroad tracks and north of the South Well Field. The application requests $92,386.00 for a Phase II Site Assessment. Ms. Kolata further advised that the application was prepared by Quality Environmental Professionals, Inc. (QEPI) and submitted by them in November on behalf of the property owner. She apologized for not submitting the resolution in a timely manner. She encouraged the Council's support for this application and noted that the project is a good one and the site assessment may lead to eventual remediation of the site and development in conjunction with adjacent properties. 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 nine (9) ayes. MOTION TO RECONSIDER BILL NO. 08-01 Councilmember White made a motion to reconsider this bill, as the presenter of the bill is now present. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3826-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3927 RIVERSIDE DRIVE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR EDWARD A MYERS 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 3927 Riverside Drive, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Two Hundred Eighty-three Riverside Manor and this property has Tax Key Number 25-1011-0455, 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 16 REGULAR MEETING JANUARY 14, 2008 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 17 REGULAR MEETING JANUARY 14, 2008 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 adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Michael Urbanski, Agent, for Garden Homes, 14299 Day Road, Mishawaka, Indiana, made the presentation on behalf of the owner Mr. Edward A. Myers, Jr. Mr. Urbanski advised that the owner intends to construct a new 1,768 square foot home with three bedrooms and a total of five rooms. The home will have a full eight foot insulated basement and an attached two stall garage. The home will be built on a lot that has been vacant for several years. 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 Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS, FIRST READING BILL NO. 01-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF WAY LOCATED ON THE NORTHWEST CORNER OF NAPOLEON STREET AND EDDY STREET, BEING A PART OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on January 28, 2008. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 02-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF RIGHT-OF-WAY LOCATED ON THE SOUTHEAST CORNER OF EDDY STREET AND ANGELA BOULEVARD (AKA EDISON ROAD), BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 18 REGULAR MEETING JANUARY 14, 2008 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 January 28, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 03-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT- OF-WAY LINE OF BURNS STREET, TO THE WEST RIGHT-OF-WAY LINE OF DUEY STREET FOR A DISTANCE OF 248 FEET, MORE OR LESS AND A WIDTH OF APPROXIlV1ATELY 12 FEET 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 January 28, 2008. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 04-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY NORTH OF ST. VINCENT STREET FROM THE EAST RIGHT- OF-WAY LINE OF GEORGIANA STREET, TO THE WEST RIGHT-OF-WAY LINE OF BURNS STREET FOR A DISTANCE OF 248 FEET MORE OR LESS AND A WIDTH OF APPROXIlV1ATELY 12 FEET 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 January 28, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. OS-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $92,386.00 OF INDIANA FINANCE AUTHORITY GRANT FUNDS WITHIN FUND 210 FOR THE PURPOSE OF A PHASE II ENVIRONMENTAL ASSESSMENT OF PROPERTY LOCATED AT 731 WEST CHIPPEWA AVENUE IN SOUTH BEND, INDIANA This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on January 28, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 06-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,300,000 FROM THE MAJOR MOVES CONSTRUCTION FUND (FUND NUMBER 412) FOR CERTAIN INFRASTRUCTURE IMPROVEMENTS AT THE EDDY STREET COMMONS AND TRIANGLE DEVELOPMENT 19 REGULAR MEETING JANUARY 14, 2008 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities and Public Works and Property Vacation Committees and set it for Public Hearing and Third Reading on January 28, 2008. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 07-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $100,000 WITHIN THE U.D.A. G. FUND (FUND 410) OF THE DEPARTMENT OF CONINIUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND This bill had first reading. Councilmember Dieter made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on January 28, 2008. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 08-08 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IlVIlV1EDIATELY WEST OF 3515 MCKINLEY AVENUE, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM BOARD OF ZONING APPEALS BILL NO. 08-OS 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 1939 CHARLES STREET, 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 January 28, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 47-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW SECTION 2-60 CREATING A POLICE PROMOTIONAL PANEL 20 REGULAR MEETING JANUARY 14, 2008 Councilmember Puzzello made a motion to strike this bill at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Rouse advised that he attending the St. Joseph County Waste Management Board Meeting this past week. He noted that the board had discussed the impact of the television stations going digital and the number of discarded televisions that will be put out for pickup. He further advised that they also discussed the amount of mercury in television tubes and the impact that would have on the removal of the televisions. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. JERRY NIEZGODSKI WELCOMING NEW COUNCILMEMBER' S Mr. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, welcomed the new Councilmember's and stated that he looks forward to working with them as well as the incumbents. Mr. Niezgodski noted that he was able to obtain copies of current bills on the City of South Bend's website. He stated that he has sent a letter to Mayor Luecke challenging him to accountability and efficiency in the City, and would like to extend the same to the Council. Mr. Niezgodski stated that he would like to hear the Council's goals and objectives for the next four (4) years. He stated that the Council should tell the people what they are going to do. Council President Tim Rouse assigned this topic to Councilmember Tom LaFountain, Chairperson of the Personnel & Finance Committee and Dr. David Varner, Vice- Chairperson, Personnel & Finance Committee. Council President Tim Rouse wished City Clerk John Voorde and Councilmember's Henry Davis and Oliver Davis safe travel to Indianapolis tonight to attend the Indiana Association of Cities and Towns Boot Camp that is going to be held January 14, through 16, 2008 at the Downtown Indianapolis Westin. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:00 p.m. ATTEST: John Voorde, City Clerk ATTEST: Timothy A. Rouse, President 21