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HomeMy WebLinkAbout01-26-09 Common Council Minutes REGULAR MEETING JANUARY 26, 2009 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 26, 2009 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Oliver Davis 6th District, Vice-President Timothy Rouse At-Large Al “Buddy” Kirsits At-Large Karen L. White At-Large OTHERS PRESENT: Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney Absent: John Voorde City Clerk 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 January 12, 2009 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember White made a motion that the minutes of the January 12, 2009 meetings of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine ayes. SPECIAL BUSINESS ANNOUNCEMENT OF APPOINTMENT TO MACOG President Dieter announced that Vice-President Oliver Davis, will be the Council’s representative on the Michiana Area Council of Governments (MACOG.) ANNOUNCEMENT OF APPOINTMENT TO CENTURY CENTER BOARD OF MANAGERS President Dieter announced that Councilmember David Varner will be the Council’s representative on the Century Center Board of Managers. ANNOUNCEMENT OF REAPPOINTMENT TO THE REDEVELOPMENT COMMISSION President Dieter announced the reappointment of Ms. Marcia Jones and Dr. David Varner to the Redevelopment Commission. 1 REGULAR MEETING JANUARY 26, 2009 ANNOUNCEMENT OF REAPPOINTMENT TO THE HISTORIC PRESERVATION COMMISSION President Dieter announced the reappointment of Ms. Lynn Patrick to the Historic Preservation Commission ANNOUNCEMENT OF APPOINTMENT TO THE HUMAN RIGHTS COMMISSION President Dieter announced the appointment of Ms. Marianne West to the South Bend Human Rights Commission ANNOUNCEMENT OF OPENINGS ON TEN (10) STANDING COMMITTEES President Dieter announced that the South Bend Common Council has 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 th Clerk’s Office on the 4 Floor of the County-City Building. The Council will be accepting applications until all positions are filled. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember LaFountain made a motion to resolve into the Committee of the Whole. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello 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 Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 03-09 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST 14 FT. WIDE ALLEY NORTH OF MONROE STREET, RUNNING EAST FROM THE EAST RIGHT-OF- WAY LINE OF SOUTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET + AND THE FIRST NORTH-SOUTH 14 FOOT WIDE ALLEY EAST OF SOUTH MAIN STREET, RUNNING NORTH FROM THE NORTH RIGHT-OF-WAY LINE OF MONROE STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET + LOCATED DIRECTLY NORTH AND EAST OF LOTS 28, 29 AND 30. THE STREET TO BE VACATED IS A PORTION OF MICHIGAN STREET, SOUTH FROM WESTERN AVENUE APPROXIMATELY 250 FEET 2 REGULAR MEETING JANUARY 26, 2009 Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met this afternoon this bill and sends it to the full Council with a favorable recommendation. Mr. Michael J. Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation on behalf of his clients, the City of South Bend Redevelopment Department, Western Avenue Properties LLC, and Diaz Regelio, Luis Sotelo, and Marie Luisa. Mr. Danch advised that the petitioners are requesting the approval of the vacation of two 14 ft public alleys and a portion of Michigan Street right-of-way in the block bounded by East of Main Street, South of Western Avenue, West of Michigan Street and North of Monroe Street. The reason for this request is to allow the property owners to configure the existing lots within this block to create larger properties for future development purposes. 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 Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Rouse made a motion to rise and report to the full Council. Councilmember Henry Davis seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, 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 7:14 p.m. Council President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING 3 REGULAR MEETING JANUARY 26, 2009 ORDINANCE NO. 9898-09 ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: THE ALLEYS TO BE VACATED ARE DESCRIBED AS THE FIRST EAST-WEST 14 FT. WIDE ALLEY NORTH OF MONROE STREET, RUNNING EAST FROM THE EAST RIGHT-OF- WAY LINE OF SOUTH MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 165 FEET + AND THE FIRST NORTH-SOUTH 14 FOOT WIDE ALLEY EAST OF SOUTH MAIN STREET, RUNNING NORTH FROM THE NORTH RIGHT-OF-WAY LINE OF MONROE STREET FOR A DISTANCE OF APPROXIMATELY 198 FEET + LOCATED DIRECTLY NORTH AND EAST OF LOTS 28, 29 AND 30. THE STREET TO BE VACATED IS A PORTION OF MICHIGAN STREET, SOUTH FROM WESTERN AVENUE APPROXIMATELY 250 FEET This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3941-09 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 1713 AND 1717 BURDETTE STREET, SOUTH BEND, INDIANA, 46637 , WHEREAS Indiana Code Section 36-7-4-918.6, required the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider petitions from the Board of Zoning Appeals for approval or disapproval; and , WHEREASthe Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4- 918.6; and , WHEREAS the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1713 and 1717 Burdette Street, South Bend, Indiana 46637 more specifically being Lot 7 of Burdette Street Villas Minor Subdivision as recorded under Instrument Number 0820238 in the Office of Recorder of St. Joseph County, in order to permit a special exception for a group residence on property zoned “MF1” Urban Corridor Multifamily District. 4 REGULAR MEETING JANUARY 26, 2009 SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South § Bend Municipal Code 21-09.03 (i). SECTION IV. Approval is subject to the voluntary agreement of Petitioner with the following conditions/limitations, specifically that such approval shall (a) only apply from and after the date that Petitioner records a Declaration regarding limitations on special exception (in the form attached), (b) only extend to each unit comprising the subject property during such periods that the unit is owned by the Chicago Province of the Society of Jesus (“Province”) for occupancy by their Jesuit community, and (c) automatically terminate and be of no further force or effect upon the transfer of title to the unit comprising the subject property by the Province to any other owner. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and voted to send it to the full Council a favorable recommendation. Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, gave the report from the Board of Zoning Appeals. Mr. Lyons advised that the petitioners are requesting a special exception for Stadium Village Homes to allow a group residence within Units “L” & “M” of Stadium Village in a “MF1” District, on property located on the west side of Burdette Street north of Vaness, is sent to the south Bend Common Council with a favorable recommendation. Mr. Derek Spier, Planner, Abonmarche Consultants, LLC, 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill. Mr. Spier advised that the petition/owner Stadium Village Homes, LLC. d/b/a Signature Homes, Inc., is requesting a special exception to allow a group residence within Units “L” and “M” at Stadium Village Homes. The reason for this special exception is to allow for two units within the Stadium Village Homes development to be utilized as a group residence for a Jesuit community. The intention is to create one large unit by having the main floor of each unit open to each other in the dining area in such a manner that the 5 REGULAR MEETING JANUARY 26, 2009 wall could be closed up in the event of a resale. There will be a maximum of eight (8) residents, and there will be 8 bedrooms between the two combined units. This special exception will allow for the members of the Jesuit community to function as one single nd non-traditional family. Mr. Spier noted that the 2 substitute version states that approval is subject to the voluntary agreement of Petitioner with the following conditions/limitations, specifically that such approval shall (a) only apply from and after the date that Petitioner records a Declaration regarding limitation on special exception (in the form attached), (b) only extend to each unit comprising the subject property during such periods that the unit is owned by the Chicago Province of the Society of Jesus (“Province”) for occupancy by their Jesuits community, and (c) automatically terminate and be of no further force of effect upon the transfer to title to the unit comprising the subject property by the Province to any other owner; and the recording of a commitment. 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 nd opposition to this Resolution, Councilmember Kirsits made a motion to adopt this 2 Substitute Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 09-08 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3511 – 3615 VOORDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FORTIS PLASTICS, LLC BILL NO. 09-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3511 – 3615 VOORDE DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR REAL PROPERTY TAX ABATEMENT FOR AIC VENTURES (FORTIS PLASTIC, LLC – LESSEE) Councilmember Puzzello made a motion to combine these bills for purposes of Public Hearing. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3942-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3511 – 3615 VOORDE DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FORTIS PLASTICS, LLC 6 REGULAR MEETING JANUARY 26, 2009 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 3511 - 3615 Voorde Drive, South Bend, Indiana, and which is more particularly described as follows: Land Situated in the State of Indiana, County of St, Joseph, City of South Bend. PARCEL I: A portion of the East ½ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, and a part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the Southeast ¼ Section 33, thence South 0 degrees, 07 minutes, 29 seconds West, along and with the East line of said Southeast Quarter of Section 33, a distance of 815.52 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 1,348.23 feet to the intersection of the Northerly Right-of-Way line of Voorde Drive and the Westerly Right-of-Way line of proposed Progress Drive, said point being the point of beginning; thence North 0 degrees 19 minutes 51 seconds East, along and with the said Westerly Right-of-Way line of proposed Progress Drive, a distance of 455.00 feet; thence North 89 degrees 40 minutes 09 seconds West, along a line parallel with the Northerly Right-of-Way line of Voorde Drive, a distance of 250.00 feet; thence South 0 degrees 19 minutes 51 seconds West, a distance of 455.00 feet to a point on the Northerly Right-of-Way line of Voorde Drive; thence South 89 degrees 40 minutes 09 seconds East, along and with the Northerly Right-of-Way line of Voorde Drive, a distance of 250.00 feet to the place of beginning. PARCEL II: A portion of the Southeast ¼ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees 01 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet to the point of beginning; thence North 0 degrees 18 minutes 51 seconds East, a distance of 455.00 feet; thence South 89 degrees 40 minutes 09 seconds East, a distance of 302.21 feet; thence South 01 degrees 18 minutes 51 seconds West, a distance of 455.00 feet to the North line of said Voorde Drive; thence North 89 degrees 40 minutes 09 seconds West, a distance of 302.21 feet to the place beginning. EXCEPTING THEREFROM the following described real estate: A portion of the Southeast ¼ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees 01 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and LaVern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a 7 REGULAR MEETING JANUARY 26, 2009 distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning. PARCEL III: A portion of the Southeast ¼ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees 01 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and LaVern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning and which has Tax Key Numbers New Parcel 71-03-33-401-006.000-026 (Parcel I), New Parcel 71-03-33-401-007.000-026 (Parcel II) and New Parcel 71-03-33-401-008.000-026 (Parcel III) presently, 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 Personal 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 Personal 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 et seq. 8 REGULAR MEETING JANUARY 26, 2009 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/Derek D. Dieter Member of the Common Council RESOLUTION NO. 3943-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3511 – 3615 VOORDE DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR REAL PROPERTY TAX ABATEMENT FOR AIC VENTURES (FORTIS PLASTIC, LLC – LESSEE) 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 3511 - 3615 Voorde Drive, South Bend, Indiana, and which is more particularly described as follows: Land Situated in the State of Indiana, County of St, Joseph, City of South Bend. PARCEL I: A portion of the East ½ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, and a part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast corner of the Southeast ¼ Section 33, thence South 0 degrees, 07 minutes, 29 seconds West, along and with the East line of said Southeast Quarter of Section 33, a distance of 815.52 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 1,348.23 feet to the intersection of the Northerly Right-of-Way line of Voorde Drive and the Westerly Right-of-Way line of proposed Progress Drive, said point being the point of beginning; thence North 0 degrees 19 minutes 51 seconds East, along and with the said Westerly Right-of-Way line of proposed Progress Drive, a distance of 455.00 feet; thence North 89 degrees 40 minutes 09 seconds West, along a line parallel with the Northerly Right-of-Way line of Voorde Drive, a distance of 250.00 feet; thence South 0 degrees 19 minutes 51 seconds West, a distance of 455.00 feet to a point on the Northerly Right-of-Way line of Voorde Drive; thence South 89 degrees 40 minutes 09 seconds East, along and with the Northerly Right-of-Way line of Voorde Drive, a distance of 250.00 feet to the place of beginning. PARCEL II: A portion of the Southeast ¼ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees 01 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet to the point of beginning; thence North 0 degrees 18 minutes 51 seconds East, a distance of 455.00 feet; thence South 89 degrees 40 minutes 09 seconds East, a distance of 302.21 feet; thence South 01 degrees 18 minutes 51 seconds West, a distance of 9 REGULAR MEETING JANUARY 26, 2009 455.00 feet to the North line of said Voorde Drive; thence North 89 degrees 40 minutes 09 seconds West, a distance of 302.21 feet to the place beginning. EXCEPTING THEREFROM the following described real estate: A portion of the Southeast ¼ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees 01 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and LaVern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning. PARCEL III: A portion of the Southeast ¼ of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian, in and part of the City of South Bend, in St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of Section 33, Township 38 North, Range 2 East of the Second Principal Meridian; thence South 0 degrees 01 minutes 14 seconds West, a distance of 814.60 feet to the North line of Voorde Drive projected West; thence South 89 degrees 40 minutes 09 seconds East, on and along the said North line of Voorde Drive, a distance of 737.20 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 217.02 feet, along the West property line of Norman F. Ernsberger and LaVern D. Jessup, a General Partnership; thence South 89 degrees 40 minutes 09 seconds East, a distance of 30.24 feet to the Northwest corner of a existing building, said Northwest corner being the point of beginning for this description; thence continuing South 89 degrees 40 minutes 09 seconds East, along the North wall of said existing building, a distance of 161.00 feet; thence North 0 degrees 18 minutes 51 seconds East, a distance of 134.28 feet; thence North 89 degrees 40 minutes 09 seconds West, a distance of 161.00 feet; thence South 0 degrees 18 minutes 51 seconds West, a distance of 134.28 feet to the point of beginning. Part of the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 32, Township 38 North, Range 3 East, described as beginning at a point three hundred five (305) feet North of the South one-eighth (1/8) corner of the West boundary of said Section; thence East one hundred ninety-four (194) feet; thence South sixty (60) feet parallel to the West boundary of said Section; thence West one hundred ninety-four (194) feet to the West boundary of said Section; thence North sixty (60) feet to the place of the beginning; and which has Key Numbers New Parcel 71-03-33-401-006.000-026 (Parcel I), New Parcel 71-03-33-401-007.000-026 (Parcel II) and New Parcel 71-03-33-401-008.000-026 (Parcel III) presently, as an Economic Revitalization Area; and 10 REGULAR MEETING JANUARY 26, 2009 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 five (5) 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/Derek D. Dieter Member of the Common Council Mr. Ty Scopel, Vice President & General Manager, Fortis Plastics, LLC., 2965 LaVanture Place, Elkhart, Indiana, made the presentation for these bills. Mr. Scopel advised that Fortis Plastics and AIC Ventures are proposing to renovate and equip an approximate 92,250 square foot building for the manufacture of plastic components used in a variety of industrial and consumer applications. The building has been vacant over one year. It is owned by AIC Ventures and will be leased to Fortis Plastics. Fortis uses both injection molding and extrusion production systems to produce its plastic products. The company is weighing the consolidation of its existing Elkhart operations to South Bend or to Henderson, Kentucky. The South Bend site requires renovation of the building and installation of equipment. The renovation includes the installation of docks, office build out/remodeling, new sprinkler system installation, electrical upgrades, HVAC improvements and reception area build out. The equipment to be purchased includes new and used plastic injection mold machines and extruders, computers, IT infrastructure and servers. The used equipment would be acquired from outside the State of Indiana. He stated that the total cost of the renovation is estimated at $1,277,000 and the equipment is estimated at $2,218,900. A Public Hearing was held on these Resolutions at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember White made a motion to adopt Bill No. 09-08. Councilmember Rouse seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 11 REGULAR MEETING JANUARY 26, 2009 Councilmember Rouse made a motion to adopt Bill No. 09-09. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3944-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1728 NORTH IRONWOOD DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE-YEAR REAL PROPERTY TAX ABATEMENT FOR ROBERT R. LEE (C.E. LEE COMPANY, INC.) 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 1728 North Ironwood Drive, South Bend, Indiana, and which is more particularly described as follows: Part of the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 32, Township 38 North, Range 3 East, described as beginning at a point three hundred five (305) feet North of the South one-eighth (1/8) corner of the West boundary of said Section; thence East one hundred ninety-four (194) feet; thence South sixty (60) feet parallel to the West boundary of said Section; thence West one hundred ninety-four (194) feet to the West boundary of said Section; thence North sixty (60) feet to the place of the beginning; and which has Key Number 024-1001-0410 presently, 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 three (3) 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 12 REGULAR MEETING JANUARY 26, 2009 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/Derek D. Dieter Member of the Common Council Mr. Robert R. Lee, 19410 Edinburgh Drive, South Bend, Indiana, and his son Chuck made the presentation for this bill. Mr. Lee advised that he is proposing to construct a new retail facility to be leased by C.E. Lee Company, Incorporated. C.E. Lee Company, a retail decorating center, has been established in South Bend since 1872. They sell several different brands of pain, window treatments, and wall coverings. Customers consist of individual homeowners as well as many paint contractors and maintenance accounts. He advised that on April 22, 2008, their retail store at 1728 North Ironwood Drive was destroyed by fire. Mr. Lee noted that his local insurance agent failed to provide accurate replacement cost estimates, and found himself underinsured after the fire. He advised that replacement costs for the building, equipment, and inventory total $687,000. The company has received $485,000 in insurance proceeds and intends to finance the remainder of the project with a loan from st 1 Source Bank. The new building will be built on the old site but the size of the building will be doubled to allow for a projected increase in both sales and staff. He stated that the new building will be approximately 6,800 square feet in size and will have two stories; the old building contained approximately 2, 700 square feet all on one level. Mr. Lee noted that the special exception is because the additional cost to rebuild due to being underinsured is $205,000 and the revenue loss resulting from the fire was over $100,000. He noted that they had discussed moving to another location but preferred to stay in South Bend at the present site where they have been a part of the City for 136 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 Oliver Davis made a motion to adopt this Resolution. Councilmember Rouse seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3945-09 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 719 AND 725 TURNOCK STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC. & WEISS HOME, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 719 and 725 Turnock Street , South Bend, Indiana, and which is more particularly described as follows: 13 REGULAR MEETING JANUARY 26, 2009 A part of the West half of the Southeast quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Lots D & E of Turnock’s subdivision of a part of Turnock and Mack’s addition to the City of South Bend as recorded in Plat Book 9, Page 82 in the Office of Recorder of said county. Also including the North 7 feet of a 14 foot wide alley being the first East- West alley lying south of Kalorama Street between Turnock Street and the first North-South alley east of North St. Louis Boulevard. Subject to rights-of-way, easements, covenants, and restrictions of record. , and this property has Tax Key Numbers 18-5034-1224 and 18-5034-1225be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 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 14 REGULAR MEETING JANUARY 26, 2009 G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. Derek J. Spier, AICP, Abonmarche Consultants, LLC., 750 Lincoln Way East, South Bend, Indiana, made the presentation on behalf of the owner Northeast Neighborhood Revitalization Organization, Inc., and the contingent owner Weiss Homes, Inc. Mr. Spier advised that the Northeast Neighborhood Revitalization Organization, Inc., and Weiss Homes, Inc. intend to construct to 1,300 square foot, single-family, owner- occupied homes. Each home will have three bedrooms and two to two and a half- bathrooms plus a two car attached garage. The homes will have basements which may be finished or unfinished depending on the buyer’s preference. The cost of the two homes will be approximately $140,000 each. The homes will be urban in-fill type. Mr. Spier noted that the homes are not located in the residential TIF district of the Northeast Neighborhood Development Area. 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 Varner made a motion to adopt this Resolution. Councilmember LaFountain seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 REGULAR MEETING JANUARY 26, 2009 RESOLUTION NO. 3946-09 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 912 NORTH ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH AND CAROLYN QUEENAN 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 912 North St. Peter Street, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot #129A of the Plat of “Sorin’s Second Addition Fifth Replat” Subdivision recorded by document No. 0809811 in the Records of the St. Joseph County, Indiana Recorder’s Office. Containing 0.19 acres more or less. Subject to all legal highways, easements & restrictions of record. , and this property has Tax Key Number 018-5107-2783be 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 seq., and South Bend Municipal Code Sections 2-76, et seq., 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: 16 REGULAR MEETING JANUARY 26, 2009 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 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. 17 REGULAR MEETING JANUARY 26, 2009 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/Derek D. Dieter Member of the Common Council Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. Mr. Joseph Queenan, 2043 South Bend Avenue, South Bend, Indiana, South Bend, Indiana, made the presentation on this bill. Mr. Queenan advised that he and his wife plan to construct a 2,300 square foot, single- family, owner-occupied home. The home will be two stories. It will have three bedrooms and three bathrooms, a front porch, a finished basement and a two-car garage. The project is part of the Notre Dame Avenue Housing Program and as such will follow the design specifications and standards specified by the University’s architect. The cost of the home will be approximately $345,000. 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 Puzzello made a motion to adopt this Resolution. Councilmember Rouse seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay. Councilmember Henry Davis explained his nay vote was consistent with prior votes on granted tax abatement in Tax Increment Finance (TIF) Districts. BILLS, FIRST READING BILL NO. 04-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 14 FOOT WIDE ALLEY BEING THE FIRST EAST- WEST ALLEY LYING SOUTH OF KALORAMA STREET BETWEEN TURNOCK STREET AND THE FIRST NORTH-SOUTH ALLEY EAST OF NORTH ST. LOUIS BOULEVARD 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 February 9, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 05-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $43,500.00 FROM COUNTY OPTION INCOME TAX (COIT) FUND #404 TO PROVIDE RENT SUPPLEMENT TO THE FAMILY VIOLENCE/SPECIAL VICTIMS UNIT 18 REGULAR MEETING JANUARY 26, 2009 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and the Personnel & Finance Committee and set it for Public Hearing and Third Reading on February 23, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 06-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6, OF THE SOUTH BEND MUNICIPAL CODE AND TO ADD SECTION 6-4.7 TIME LIMITATION ON PERMITS, AND SECTION 6- 26 LOW VOLTAGE CONTRACTOR REGISTRATION This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on February 9, 2009. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM BOARD OF ZONING APPEALS BILL NO. 09-13 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 744 SOUTH MAIN STREET 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 February 9, 2009. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS FROM AREA PLAN COMMISSION BILL NO. 84-08 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 541 WILLIAM AND 543 WILLIAM, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, 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 February 9, 2009. Councilmember Oliver Davis seconded the motion which carried by voice vote of nine (9) ayes. BILL NO. 85-08 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, SOUTH BEND, INDIANA 46637, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA 19 REGULAR MEETING JANUARY 26, 2009 Councilmember White made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, 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 February 9, 2009. Councilmember Oliver Davis seconded the motion which carried by voice vote of nine (9) ayes. BILL NO. 86-08 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3013 SAMPLE STREET, SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 9, 2009. Councilmember Oliver Davis seconded the motion which carried by voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis advised that he had the privilege of touring a school in Sacramento, California. He stated that the school was the first ever New Tech High School in Napa, California and a similar school in Sacramento that better matches South Bend’s mix of poor and minority students. Mr. Davis stated that he was impressed as he found students who were engrossed in their studies not “bogged down in rules.” He stated that students work in teams and channel every assignment through computers and technology. He advised that this would be the chance to feed new employers with technology-trained workers and also a chance to teach and learn in new ways. Councilmember Oliver Davis advised that he is the Council’s Representative to the TRANSPO Board. Mr. Davis noted that TRANSPO was working to be a part of the new President’s Stimulus Plan regarding the construction of the new TRANSPO building to be located at Ignition Park. He commended all the employees of TRANSPO are doing such a fine job. Councilmember Varner advised that he has received numerous phone calls regarding snow removal during this cold, ugly, nasty winter that is affecting the entire State of Indiana. He stated that while not everyone has been very happy with the snow removal or the application of salt/sand, for the most part people have been tolerant. PRIVILEGE OF THE FLOOR Carol Davis, 2209 Kendall, South Bend, Indiana, advised that her street had been a sheet of ice and not plowed for weeks. However, that has changed and she commends everyone involved in helping clear Kendall Street from Indiana Avenue to Ewing Avenue. Ms. Davis stated that it might be a good thing to consider making Kendall Street one way from those intersecting streets. She advised that Kendall is a very narrow street and even in good weather the residents are sometimes forced to park a little on the tree lawn to avoid having a car come down and knock off a side mirror because the street is too narrow. She stated that most people do not have a driveway or off-street parking to help alleviate the crowded conditions. She urged the Council to seriously consider making Kendall a one-way street. 20 REGULAR MEETING JANUARY 26, 2009 ADJOURNMENT There being no further business to come before the President Derek D. Dieter adjourned the meeting at 7:55 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 21