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REGULAR MEETING JUNE 13, 2016 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 7:22 p.m. Council President Tim Scott presided with nine (9) members present. BILLS — THIRD READING 21 -16 THIRD HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 803 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Gavin Ferlic made a motion to amend the bill as it was in the Committee of the Whole. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Gavin Ferlic made a motion to pass substitute Bill 21 -16. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTIONS 16 -49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2319 LINCOLNWAY WEST Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met and send this bill forward with a favorable recommendation. Ayoka Paek, Building Department at 125 Lafayette, spoke as the presenter of this bill. This special exception comes with approval from the Area Board of Zoning Appeals. There are two (2) properties behind the property in question and they are owned by the person who owns the Metro PCS building and the parking is adequate for both properties as well as the smoke shop. Christopher Strover, 27 North Johnson Street, spoke as the petitioner of this bill. Being a former resident of the area, he has seen the ups and downs of the neighborhood. They want to build something that represents the redevelopment of the community and it will be a great first start for the area in keeping with the development plans. They are really excited and plan to uphold the recent smoking laws. The landlord of the building and owner are the same individual. There were no questions from Council. No one from the public spoke either in favor of or against the bill. Councilmember Gavin Ferlic made a motion to adopt Bill 16 -51. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of nine (9) ayes. 16 -51 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 700 WEST IRELAND ROAD Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met and send this bill forward with a favorable recommendation. Ayoka Paek, Building Department at 125 Lafayette, spoke as the presenter of this bill. This application also comes with a favorable recommendation from the Area Board of Zoning Appeals. This is a special exception for the Walmart parking lot adjacent to Gates Toyota to use it for car sales which is a special exception in the CB District. They have been doing this for a few years and want to do it within the proper requirements. Clint Emberton, 714 Dice Court South Bend 46614, is the general sales manager at Gates Automotive Group and served as the petitioner of this bill. They have held this event for a few 4