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REGULAR MEETING - June 27, 2016 Councilmember Dr. David Varner made a motion to send Bill 27 -16 to the full Council with a favorable recommendation. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 29 -16 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: ALLEY VACATION- FIRST NORTH /SOUTH ALLEY FROM SAMPLE STREET TO GARST STREET, BETWEEN FRANKLIN STREET AND LAFAYETTE BLVD. AND THE FIRST EAST /WEST ALLEY FROM FRANKLIN STREET TO LAFAYETTE BLVD. BETWEEN SAMPLE STREET AND GARST STREET, SOUTH BEND, INDIANA Councilmember Jo M. Broden, Chair of the Public Works and Property Vacation Committee, reported that they met and due to a lack of quorum this comes to the Council with no recommendation. Mike Danch, 1643 Commerce Drive South Bend, spoke as the petitioner for this bill. Mr. Danch represented the City of South Bend in this issue and they wish to vacate a north -south and east - west alley. It is bounded by Sample Street on the north, Franklin on the west, Lafayette on the east, and Garst on the south. This is right adjacent to Ignition Park and will probably be named Ignition Park East. It is approximately 4.13 acres of ground and the City is trying to eliminate that public right of way for the alleyways and create a larger lot for development. There were no questions from the Council. No one from the public spoke either in favor of or in opposition to the bill. Councilmember Dr. David Varner made a motion to send Bill 29 -16 to the full Council with a favorable recommendation. Councilmember Tim Scott seconded the motion which carried by a voice vote of eight (8) ayes. 23 -16 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE NEW RULES AND REGULATIONS FOR ASSESSMENT OF INSTALLATION CHARGES Councilmember Tim Scott made a motion to accept the Substitute Bill 23 -16 as on file with the City Clerk's Office. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dr. David Varner, Chair of the Utilities Committee, reported that the committee met and asked for a revised version to be presented to the Council which was just accepted. Due to that this comes to the Council with no recommendation. Eric Horvath, Director of Public Works with offices on the 13th Floor of the County -City Building, served as the petitioner for this bill. This is a change to the assessment of installation charges which can be found in Chapter 17 Article 10 of the City Code. The purpose of the ordinance is to establish legal basis to wave the assessment fees back payments prior to September 1st of 2016. In section 17 -87 language was added that establishes if somebody either connected to water or sewer prior to September 1st 2016 or has a permit to connect they shall be exempt from assessment fees. The City also reserves the right to retain any assessments that it has collected prior to January 1" 2016, particularly for development agreements where we paid developers back. We will continue to work on this ordinance and possible exemptions both to compact and assessment fees. We have had quite a bit of dialogue with the various parties and hopefully will have something by the end of July for the Council's consideration. Councilmember Dr. David Varner stated as this is written we have corrected the post - charges for assessments. 0