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Home My WebLink About07-14-08 Common Council Minutes REGULAR MEETING JULY 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, July 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 1st District, Chairperson Committee of the Whole Henry Davis, Jr. 2nd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District Vice-President Timothy Rouse At-Large President Karen L. White At-Large Al “Buddy” Kirsits At-Large Absent: Thomas LaFountain 3rd District OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the June 23, 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 June 23, 2008 meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF OPENING ON TRANSPO BOARD Council President Rouse announced that the Council is accepting applications to the TRANSPO Board of Directors. He advised that this appointment is currently filled by Councilmember Oliver J. Davis. Mr. Davis may reapply for this appointment to the Council. Council President Rouse stated that he Council will be accepting applications until Monday, July 28, 2008, and that they may be obtain from the City of South Bend’s th website or in the Office of the City Clerk, 4 Floor County-City Building, 227 W. Jefferson Blvd., Room 455, South Bend, Indiana. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Dieter, Chairperson, Committee of the Whole, presiding. 1 REGULAR MEETING JULY 14, 2008 Councilmember Dieter explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Dieter stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 24-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT- OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to continue this bill at the request of the petitioner until the July 28, 2008 meeting of the Council. Councilmember Rouse seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 33-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS Councilmember Rouse made a motion to continue this bill at the request of the petitioner until the July 28, 2008 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Kirsits seconded the motion which carried by a voice vote of seven (7) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Derek D. Dieter, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:05 p.m. President Timothy Rouse presided with seven (7) members present. 2 REGULAR MEETING JULY 14, 2008 BILLS – THIRD READING ORDINANCE NO. 9854-08 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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT ONE, WILLIAM A. GEYER, 52610 PORTAGE RD., SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9855-08 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, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1, WAGGONER FARM DEVELOPMENT, L.P. SECTION 2, 51270 MAYFLOWER ROAD, SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and one (1) nay (Councilmember Henry Davis.) RESOLUTIONS BILL NO. 08-53 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1401 SOUTH MAIN STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ST ABATEMENT FOR 1 SOURCE LAND TRUST #13 (ROBERT F. JAGGER) D/B/A OLD FORT BUILDING SUPPLY OF SOUTH BEND, INC. Councilmember Varner made a motion to continue this bill until the August 11, 2008 meeting of the Council at the request of the petitioner. Councilmember Puzzello seconded the motion which carried by a voice vote of seven (7) ayes. BILLS, FIRST READING There were no bills for First Reading at this time. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. 3 REGULAR MEETING JULY 14, 2008 REPORTS FROM BOARD OF ZONING APPEALS BILL NO. 08-60 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 PROPERTY LOCATED WEST OF 2801 MAIN STREET, EAST OF THE FORMER RAILROAD RIGHT-OF-WAY, SOUTH OF 2729 MAIN STREET AND NORTH OF 3107 MAIN STREET, SOUTH BEND, INDIANA 46614 BILL NO. 08-61 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 264.02’ S OF 1717 HICKORY RD. SOUTH BEND, IN 46635 NEW BUSINESS Councilmember Oliver Davis announced that on behalf of the Board of Directors and Staff he cordially invites everyone to attend a Transit Summit which will be held on Thursday, July 31, 2008 from 8:30 a.m. – 10:00 a.m., at Indiana University South Bend, Room 225 Student Activity Center. He noted that a continental breakfast will be held from 8:00 – 8:30. Councilmember Oliver Davis stated that this Summit is being called to address the impact of HB 1001; the rising costs in fuel; and the future direction and plans for TRANSPO in the community and they continue to supply quality transit service to the residents and businesses in the area. Councilmember Henry Davis advised that the City of South Bend will have two representatives to the Junior Olympics being held in Argentina, there are Skylar Diggins, Basketball and Leroy Dickson, in Track & Field. He wished them the best of luck and bring home a victory. Councilmember Henry Davis also noted that there was a block part last weekend held by the Sweet Home Missionary Baptist Church. He noted that the party was a huge success. There was plenty of food, games and fun for all the children in attendance. He encouraged everyone to attend next year. Councilmember Puzzello stated that she is the Council Representation to the Neighborhood Resources Corporation (NRC.) She advised that the NRC has grants available for residents who want to hold a block party. Councilmember Puzzello stated that those grant are available up to $200.00 per event. She noted that anyone interested may contact either her or the NRC. PRIVILEGE OF THE FLOOR There was no one present wishing to speak before the Council at this time. 4 REGULAR MEETING JULY 14, 2008 ADJOURNMENT There being no further business to come before the President Timothy Rouse adjourned the meeting at 7:14 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy Rouse, President 5