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HomeMy WebLinkAbout01/08/07 Council Meeting MinutesREGULAR MEETING JANUARY 8, 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, January 8, 2007 at 7:00 p.m. The meeting was called to order by Council President Timothy A. Rouse and the Invocation and Pledge to the Flag were given. unT T raT T. COUNCILMEMBERS: Present: Derek D. Dieter Charlotte Pfeifer Roland Kelly Ann Puzzello David Varner Ervin Kuspa Al "Buddy" Kirsits Timothy Rouse Karen L. White OTHERS PRESENT: 1 st District 2nd District 3rd District 4th District Vice-President 5th District 6th District At-Large At-Large President 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 December 11, 2006, and January 1, 2007 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 11, 2006, and January 1, 2007 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 Motion to waive the provisions of the South Bend Municipal Code 2-3.1 addressing the Mayor's Annual Address to the Council Councilmember White made a motion to waive the provisions of the South Bend Municipal Code 2-3.1 addressing the Mayor's annual address to the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING JANUARY 8, 2007 Announcement of Openings for South Bend Common Council Standing Committees Council President Rouse advised that the South Bend Common Council has ten (10) openings for South Bend Citizens on their Standing Committees. The 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 in the City Clerk's Office on the 4th Floor of the County-City Building. The deadline to apply is January 19, 2007. RESOLUTION N0.3617-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING TABBITHA COUGHLIN FOR WRITING THE WINNING ESSAY AND HONORING JEFFERSON INTERMEDIATE CENTER FOR BEING THE SUBJECT OF HER ESSAY AS ONE OF THE 50 HEALTHIEST SCHOOLS IN THE UNITED STATES Whereas, in the last two (2) decades the number of children who are overweight has more than doubled, with there now being nearly 1/3 of children and teenagers in America being overweight, which has resulted in many schools implementing programs to promote good nutrition and fitness; and Whereas, the Milk Processor Education Program (MiIkPEP)'s America's Healthiest Student Bodies contest is attempting to be part of the solution to this health problem by "recognizing schools that are encouraging good nutrition & physical activity" requiring a 75-word essay on why a school should be selected along with information on the school's nutrition, athletics & other health and wellness programs; and Whereas, the Common Council is proud to recognize that Washington High School student Tabbitha Coughlin authored one (1) of the fifty (50) winning essays of more than 1,500 submitted, which resulted in a $1,000 being awarded to Jefferson Intermediate Center which was the topic of Tabbitha's essay; and Whereas, the Common Council further recognizes that Jefferson Intermediate Center, along with Avon Middle School in Indianapolis were the only two (2) Indiana schools selected to be in the top fifty (50) healthiest schools in the country, with Jefferson taking such pro-active measures as including healthy offerings on their school menus and moving vending machines from the cafeteria to the gymnasium; and Whereas, the Council would especially like to publicly note that Tabbitha was an honor student when she was at Jefferson Intermediate Center; is known for being a "great artist; quiet, effective, health conscious and not afraid to try" and because she is very ambitious she initiated a winning essay on her own. 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 congratulates Tabbitha Coughlin for writing about Jefferson Intermediate Center's nutrition & physical activity programs which promote student health & wellness resulting in Jefferson being selected among the "Elite 50 Roster of Winning Schools" throughout America in the Healthiest Student Bodies contest. Section II. The South Bend Common Council congratulates Jefferson Intermediate Center, Principal James Kapsa, Health teacher Mary Wisniewski, Food & Nutrition Coordinator for the South Bend Community School Corporation Chris Urbanski, the teachers and staff of Jefferson Intermediate Center for their pro-active measures in promoting health and wellness among its students, faculty and staff who REGULAR MEETING JANUARY 8, 2007 have decided to use the use the $1,000 award for wellness materials, physical education supplies and an obesity study conducted along with the University of Notre Dame. Section III . The Common Council wishes Tabbitha Coughlin, a true self starter and student role model, the very best in the years ahead as she works toward her ambition of becoming an anesthesiologist. 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, l st 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/Al "Buddy" Kirsits, At Large s/Timothy A. Rouse, At Large s/Karen L. White, At Large Kathleen Cekanski-Farrand, Council Attorney John Voorde, City Clerk Stephen J. Luecke, Mayor of South Bend Councilmember Puzzello, 1247 East LaSalle Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Mr. Kapsa, Principal, Jefferson Intermediate Center. Councilmember Puzzello advised that Tabbitha Coughlin was unable to be present at tonight's meeting. Mr. Kapsa thanked the Council for this honor. He advised that the money will be used for gym supplies, health and wellness materials and promoting a healthy lifestyle. He commended Tabbitha on her outstanding essay. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Dieter seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m., Councilmember Dieter made a motion to resolve into the Committee of the Whole. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the public, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL N0.82-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT LOT NUMBER SIX, U.S. 31 INDUSTRIAL PARK APPROXIMATELY 417 FEET NORTH OF THE NORTHWEST CORNER OF BRICK ROAD AND AMERITECH DRIVE, COUNCILMANIC DISTRICT ONE (1) IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this 2nd substitute bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Robert Nemeth, Staff Planner, Area Plan Commission, l lth Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. REGULAR MEETING JANUARY 8, 2007 Mr. Nemeth advised that the petitioner is requesting a zone change from LI Light Industrial District to CB Community Business District to allow a restaurant, financial, hospitality, and other retail uses. The site is vacant land with half a retention pond zoned LI Light Industrial District. To the north is property with half of a retention pond and the Woodwind distribution/storagebui1ding. To the east is a freight business zoned LI light Industrial District. To the south is vacant land zoned CB Community Business District. To the west is the U.S. 31 Bypass. The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The rezoning is approximately 3.18 acres of a larger 6.18 acre development project. The rezoning site plan shows a one story 9,000 square foot commercial building covering approximately 7% of the 3.18 acre site. The northern portion of the site consists of half of a retention pond. The rezoning site will have two curb cuts on Ameritech Drive. Approximately 50 of the development's parking spaces are provided on this rezoning site. Type A Open Landscaping (one deciduous tree every 40 feet) will be required along the western property line. Foundation landscaping will be required on the northern, eastern, and southern building facades. This subdivision, U.S. 31 Industrial Park -Section 1, was granted secondary approval on October 23,1997. The trend in the area is development ofoffice-warehouse and highway commercial uses. Ameritech Drive has two lanes. Brick Road has four lanes. The site will be served by public water and sewer from the City of South Bend. The rezoning is consistent with the Comprehensive Plans land use policy. The site is vacant land. The area is commercial and industrial in character. The most desirable use for this property is commercial and industrial. The surrounding property values should be conserved with the CB Community Business District zoning. It is responsible development and growth to allow vacant property to be used as part of a larger development project. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Mr. Christian J. Davey, 3930 Edison Lakes Pkwy., Ste 200, Mishawaka, Indiana, made the presentation for this bill. Mr. Davey advised that PCN, LLC is requesting that this property be rezoned from LI (Light Industrial) to CB (Community Business). This rezoning is requested to allow for a restaurant, financial, hospitality, and other retail uses. 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 Puzzello 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 Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING REGULAR MEETING RECONVENED JANUARY 8, 2007 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 7:20 p.m. Council President Rouse presided with nine (9) member's present. BILLS, THIRD READING ORDINANCE N0.9730-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT LOT NUMBER SIX, U.S. 31 INDUSTRIAL PARK APPROXIMATELY 417 FEET NORTH OF THE NORTHWEST CORNER OF BRICK ROAD AND AMERITECH DRIVE, COUNCILMANIC DISTRICT ONE (1) IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to amend this bill as it was in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as substituted. Councilmember Dieter seconded the motion which carried. This bill passed by a roll call vote of nine (9) ayes. RF~nT T1TTnNc BILL N0.06-127 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3702 PROGRESS DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PARRISH/MEYER MACHINE, INC. Councilmember Puzzello made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION N0.3678-07 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3300 NORTH KENMORE STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR (4) YEAR REAL PROPERTY TAX ABATEMENT FOR ELKHART PLASTICS, INC. REGULAR MEETING JANUARY 8, 2007 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3300 North Kenmore Street, South Bend, Indiana, and which is more particularly described as follows: commencing at the Northeast corner of Section 28; thence South 89°48'05" West, 966.00 feet along the North line of said Section 28; thence South 00°00'23" West 40.00 feet to the South boundary of Cleveland Road; thence South 89°48'05" West, 289.0-0 feet along said South boundary; thence South 44°54' 14" West, 14.17 feet to the East boundary of Kenmore Street; thence South 00°00'23" West, 146.76 feet along said East boundary; thence along said East boundary, Southeasterly 294.37 feet along an arc to the left, having a radius of 1,869.86 feet, subtended by a long chord, having a bearing of South 04°30' 13" East, and a length of 294.07 feet to the point of beginning of this description; thence North 89°48'05" East 581.88 feet; thence South 00°00'23" West, 472.86 feet; thence South 89°58'56" West, 498.99 feet to said East boundary of Kenmore Street; thence North 09°59'37" West, 445.88 feet along said East boundary; thence Northwesterly 31.98 feet along an arc to the right, having a radius of 1,869.86 feet and subtended by a long chord, having a bearing of North 09°30' 15" West, and a length of 31.98 feet to the place of beginning and which has Key Number 25-1010-0385.18, 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- l . l -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 (4) four 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 REGULAR MEETING JANUARY 8, 2007 Mr. Jack Welter, President, Elkhart Plastics, Inc., 3300 N. Kenmore, Street, South Bend, Indiana, made the presentation for this bill. Mr. Welter advised that Elkhart Plastics is a custom plastic processor, utilizing a rotational molding process. Products manufactured include yellow crash barrels for highway safety and a wide variety of large, hollow products shipped up to 500 miles away. The company plans to increase office space by 6,500 square feet and remodel an existing 3,700 square feet to serve as the North American headquarters for Promens, which is the largest rotational molding company in the world and is headquartered in Reykjavik, Iceland. 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 nine (9) ayes. RESOLUTION N0.3679-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4440 NORTH PORTAGE ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND CLINIC 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 4440 North Portage Road, South Bend, Indiana, and which is more particularly described as follows: THAT PART OF A TRACT OF (13) THIRTEEN ACRES OFF THE NORTH END OF A (25) TWENTY-FIVE ACRE TRACT OFF THE NORTH END OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF SECTION (22) TWENTY-TWO, TOWNSHIP (3 8) THIRTY- EIGHT NORTH, RANGE (2) TWO EAST, WHICH LIES EAST OF THE HIGHWAY KNOWN AS THE PORTAGE PRAIRIE ROAD and which has Key Number 004-1014-0217 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-l .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: REGULAR MEETING JANUARY 8, 2007 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-L 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- l . l -12.1-3 . 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 (5) five 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. REGULAR MEETING JANUARY 8, 2007 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. Rich Deal, Attorney at Law, Barnes & Thornburg LLP, 6001St Source Bank Center, 100n North Michigan, South Bend, Indiana, made the presentation for this bill. Mr. Deal advised that the South Bend Clinic proposes to developed lot into a branch campus for primary medical care services. The company plans to construct a 1 ~/z story, 13,874 square foot medical office building with a 102-space paved surface parking lot. The estimated cost of the addition is $2,943,000. The Clinic is seeking a special exception real property tax abatement. It is estimated that the total project will create (1) new, permanent, full-time job and (2) two permanent, part-time jobs within the first year representing a new annual payroll of $66,705. The project will also maintain (19) nineteen existing, permanent, full-time jobs and (7) seven, permanent, part-time jobs representing an annual payroll of $600,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember White brought to the Council's attention that there is a typographical error in Section VI. It should read 5 years. Councilmember Dieter made a motion to withdraw his motion. Councilmember Varner withdrew his second motion. Councilmember Pfeifer made a motion to amend this bill in Section VI, to strike 3 and insert 5. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter made a motion to adopt this amended Resolution. Councilmember Varner seconded the motion which carried by a roll call vote of nine (9) ayes. BILLS, FIRST READING BILL N0.1-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $100,000 WITHIN THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND (#288) TO PURCHASE A USED FIRE TRUCK 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 January 22, 2007. REGULAR MEETING JANUARY 8, 2007 BILL N0.2-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $1,000,000.00 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434, FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set if for Public Hearing and Third Reading on January 22, 2007. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL N0.3-07 FIRST READING AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3111 CORBY BLVD., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL N0.4-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3811 LOCUST ROAD, COUNCILMANIC DISTRICT N0.6, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION BILL N0.78-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 6, KBS PROPERTIES, LLC, 60958 U.S. 31 SOUTH Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on February 12, 2007 and Third Reading on February 26, 2007. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 10 REGULAR MEETING NFW RT TCTNR~C JANUARY 8, 2007 Councilmember Rouse advised that the Waste Management Board met this past week and discussed items on Educational Activities for Earth Day 2007. Councilmember Pfeifer advised that there will be a meeting on January 16, 2007 at the Minority Health Coalition office, 915 N. Bendix Drive, in LaSalle Square at 7:00 p.m., to discuss vacant and abandoned properties in South Bend. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. A n T(lT TR NIViF,NT There being no further business to come before the Council, President Rouse adjourned the meeting at 7:35 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 11