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HomeMy WebLinkAbout09-13-10 Common Council Meeting Minutes REGULAR MEETING SEPTEMBER 13, 2010 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, September 13, 2010 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 Al “Buddy” Kirsits At-Large Timothy Rouse At-Large Karen L. White At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk Mary Beth Wisniewski Chief Deputy 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 August 23, 2010 meeting 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 August 23, 2010 meeting of the Council be accepted and placed on file. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 4046-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING REVEREND DONALD L. NEELY FOR HIS MORE THAN THREE (3) DECADES OF LOYAL AND DEDICATED SERVICE AS CHAPLAIN OF THE SOUTH BEND FIRE DEPARTMENT AND SOUTH BEND POLICE DEPARTMENT , Whereas the Common Council of the City of South Bend, Indiana, notes that on th the 11 day of August, 1935, Donald L. Neely was born to Reba and Allen Neely, Sr.; was raised with strong family values and went on to earn a Bachelor of Arts Degree from the University of Dubuque; a Master of Divinity Degree from the University of Dubuque Seminary; and a Doctorate Degree in Human Sexuality; and 1 REGULAR MEETING SEPTEMBER 13, 2010 , Whereas Reverend Neely studied at the US Army Chaplain School at Ft. Hamilton, in New York and at Ft. Slocum, in New York; served as a Army Chaplain in various units throughout the world, including Vietnam; and was awarded the Legion of Merit, the Bronze Star, the Meritorious Service Medal and the Army Commendation Medal with “V” Device for Valor; and , Whereas Reverend Neely’s long and distinguished career includes having served as a Presbyterian Church Pastor; Associate Professor at IU South Bend; a member of the 2002 US Olympic Sports Massage Team; Grief Counselor to a local funeral home; and many other Pastor assignments; and , Whereas in November of 1977, the Board of Public Safety for the City of South Bend appointed Reverend Neely to be a Chaplain for the Police and Fire Departments and in this capacity he is known by the sworn members of the departments as a most sincere person of “faith, comfort and strength” who is always working on ideas to make the Chaplain Program the most vital and supportive program possible; was awarded the Wilbert Cunningham Award for Excellence in Police Chaplaincy in 2008; and serves as a Chaplain to Miller’s Vets, Company C; and , Whereas perhaps one of the best ways to attempt to thank Reverend Neely for the many lives which he has positively touched, especially during tough and trying times, is to recall his very own words: “You can crumble on the inside, but you’ve got to be a tower of strength on the outside. You just have to maintain that minister presence”. 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 hereby publicly honors and celebrates with a very grateful South Bend Community the many, many accomplishments and the thirty-three (33) years of loyal and dedicated service of Reverend Donald L. Neely as a Chaplain to the South Bend Fire and Police Departments. Section II. The South Bend Common Council honors Reverend Donald L. Neely for his sincere dedication, passion & special talents for serving for more than three (3) decades as Chaplain to the men and women who serve and have served as police officers and firefighters on the South Bend Police & Fire Departments; & would further like to thank him for providing words of inspiration to the City Council during his many Invocations. Section III. The Common Council of the City of South Bend wishes Reverend Donald L. Neely,his wife, Elaine, their children Lisa, Annette and Bruce; their seven (7) grandchildren Mallory, Joseph, Zoe, Erin, Ben, Liam and Phoebe; and all of their family members the very best in the years ahead in retirement; and hopes that they will have many, many years of countless and timeless memories with family and friends. 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 Member of the Common Council Councilmember Ann Puzzello, 1247 E. LaSalle Avenue, South Bend, Indiana, made the presentation for this bill by first offering her comments and then presenting the Resolution to Rev. Neely. 2 REGULAR MEETING SEPTEMBER 13, 2010 Councilmembers Oliver Davis, Al “Buddy” Kirsits, and President Derek Dieter offered their comments and congratulated Rev. Neely for his dedication as Chaplain for the South Bend Police and Fire Departments. Rev. Neely thanked the Council for this honor. He stated that it has been an honor to serve all the men and women on the South Bend Police and Fire Department. Councilmember Varner made a motion to adopt this resolution by acclamation. Councilmember White seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m. Councilmember Kirsits made a motion to resolve into the Committee of the Whole. Councilmember White 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. 48-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF MAIN STREET AND SOUTH OF COLFAX AVENUE. THE PORTION TO BE VACATED BEGINS AT THE SOUTHWEST CORNER OF LOT NUMBER 236 IN THE ORIGINAL PLAT OF THE CITY OF SOUTH BEND TO THE NORTH 131 FEET, TO THE WEST 10 FEET, TO THE SOUTH 131 FEET AND RETURNS TO THE EAST 10 FEET TO THE POINT OF BEGINNING Councilmember Varner, Chairperson, Public Works and Property Vacation Committee reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. Mr. Terrance Patrick Meehan, 127 South Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Meehan advised that the purpose for the vacation is to make needed improvements to the alley addressing past safety, sanitation, and esthetic concerns, and to use the space for outdoor dining behind Fiddler’s Heart. Mr. Meehan stated that the alley dead-ends at a private parking lot, and is not open to through traffic and is used primarily for deliveries to the back doors of the abutting restaurants Fiddler’s Heart and Madison Oyster Bar. He noted that improvements planned for the space immediately behind Fiddler’s Hearth include a three-season outdoor covered patio space, providing a unique downtown dining alternative. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Kirsits asked if the other restaurant would be planning on the same concept. 3 REGULAR MEETING SEPTEMBER 13, 2010 Mr. Meehan advised that there is not enough room for anyone else and that they were not planning on it. 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. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 45-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND REPLACING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS Councilmember Al “Buddy” Kirsits, Chairperson, Zoning and Annexation Committee reported that this committee met this afternoon on this bill to discuss the pros and cons and it was the consensus of the committee to send it to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Nayder advised that the Federal Emergency Management Agency recently completed re-mapping the Special Floor Hazard Areas of the City of South Bend. The study also included new flood plain regulations. She stated that if the City wants to continue to be a part of the National Flood Insurance Program, both the new maps and the new regulations must be adopted by January 6, 2011. She noted that the proposed bill was initiated by the Area Plan Commission and has been reviewed by the Indiana Department of Natural Resources. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Henry Davis stated that he would like to see the floodplain maps. Councilmember Oliver Davis asked if the public was informed of these changes. He suggested a customer service program initiated by the City Engineer’s Office. 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. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 49-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2011 Councilmember Dieter made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Tom LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. 4 REGULAR MEETING SEPTEMBER 13, 2010 Council President Derek Dieter made the presentation for this bill. He stated that the substitute bill would freeze salaries for members of the South Bend Common Council at their 2007 level. He stated that in light of the current economic climate and the challenges facing the city, he believes that this action would be in the best interest of the citizens in which they serve. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Henry Davis stated that he believes this bill is premature and needs further discussion. 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. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.) BILL NO. 50-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2011 Councilmember Tom LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. City Clerk John Voorde made the presentation for this bill. Clerk Voorde stated that this bill is filed with a 2% increase. He noted that this annual filing is prescribed by Indiana Stated Law. He asked the Common Council for their favorable recommendation. 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. Councilmember Varner seconded the motion which carried by a voice vote of five (5) ayes and four (4) nays (Councilmember Henry Davis, Jr.; Oliver Davis; Timothy Rouse; Karen White.) BILL NO. 51-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2011 Councilmember Tom LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana made the presentation for this bill. Mayor Luecke stated that this bill sets the salary for the Mayor for fiscal year beginning January 2, 2011 and ending December 31, 2011. He noted that according to provisions under Indiana Law I.C. 3-4-7-2(c), the Mayor’s 2011 salary may not be reduced from the prior year amount. He noted that this bill maintains the Mayor’s salary at the 2010 rate. 5 REGULAR MEETING SEPTEMBER 13, 2010 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. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.) RISE AND REPORT Councilmember White made a motion to rise and report to the full Council. Councilmember LaFountain 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 7:27 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10036-10 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH-SOUTH ALLEY WEST OF MAIN STREET AND SOUTH OF COLFAX AVENUE. THE PORTION TO BE VACATED BEGINS AT THE SOUTHWEST CORNER OF LOT NUMBER 236 IN THE ORIGINAL PLAT OF THE CITY OF SOUTH BEND TO THE NORTH 131 FEET, TO THE WEST 10 FEET, TO THE SOUTH 131 FEET AND RETURNS TO THE EAST 10 FEET TO THE POINT OF BEGINNING 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. ORDINANCE NO. 10037-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND REPLACING CHAPTER 21, ZONING, ARTICLE 12, FLOODPLAIN REGULATIONS IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS 6 REGULAR MEETING SEPTEMBER 13, 2010 This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10038-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2011 This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion, which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis, Jr.) ORDINANCE NO. 10039-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2011 This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of five (5) ayes and four (4) nays (Councilmember’s Henry Davis, Jr., Oliver Davis, Karen White, Tim Rouse) ORDINANCE NO. 10040-10 AN ORDINANCE OF THE PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2011 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember LaFountain seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 10-40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3700 S. GERTRUDE ST. WHEREAS, Indiana Code Section 36-7-4-918.6, requires 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 WHEREAS, the 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 7 REGULAR MEETING SEPTEMBER 13, 2010 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: 3700 S. Gertrude St. In order to permit a Special Exception to allow a resource recovery facility. 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 recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The 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 Al “Buddy” Kirsits, Chairperson, Zoning and Annexation Committee reported that this committee met this afternoon on this bill to discuss the pros and cons and it was the consensus of the committee to send it to the full Council with no recommendation. Chuck Bulot, C.B.O., Building Commissioner, 125 S. Lafayette Boulevard, South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Bulot advised that the petitioner is seeking a special exception to allow a resource recovery facility. Mr. Bulot stated that the Area Board of Zoning Appeals held a public hearing on August 4, 2010 and sends this bill to the Common Council with a favorable recommendation. 8 REGULAR MEETING SEPTEMBER 13, 2010 st Mr. Richard Deahl, Attorney at Law, 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation on behalf of the petitioner NRJ Real Estate, LLC. Mr. Deahl noted that the only change in this second substitute bill is that they included the legal description of the Gertrude Street Metal Recycling facility at 3700 S. Gertrude Street. Mr. Deahl advised that the petitioner is seeking a special exception to allow the operation of a resource recovery facility. He gave a little background information about the operation currently on site. He noted that Gertrude Street Metal Recycling and the Schlipp family bought this property in 2005 and began a metal recycling operation on site. They’ve made some site improvements and are proposing at this time to expand not only their business opportunity but to further enhance the site and to make a significant economic investment in the research recovery facility and overall site improvements. NRJ and the Schlipp family are estimating their overall investment will be on a scale of equipment along in the six million dollar range and in result in employment on day one of 18 new employees to help operate the resource recovery facility and up to 30 employees within a couple of years. Mr. Deahl stated that this would allow Gertrude Street Metal Recycling to be a full integrated business recycling center on site. Currently the facility will purchase and accept scrap steel, metals of all sorts, including automobiles, appliances, scrap metals that are trashed by others. That is sold by others and then goes through a crushing operation on site and package the crushed metal for further processing off site. By integrating their operations they can continue to accept automobiles, crush and then further process the metals into scrap metals that would be mostly sold to steel mills to either manufacture either slab or coil steel to have the full recycle of this steel in place. Mr. Deahl stated that the Schlipp’s have met with City officials in preparing the application. He stated that they have met with owners of property in the area and have tried to make a personal commitment to address concerns of the neighbors in their petition and plan for integrating the resource recovery facility on site. He asked the Council to keep in mind the four (4) criteria when voting on this bill. The first is whether or not this project would be injurious to the public health, safety, comfort, community moral standards convenience or general welfare. He noted that the Council will see that considerable time, attention and detail have been put into the site plan to make sure that this use is not injurious in any manner. That’s where you will find that the equipment will be facing north so that any sounds emanating from the equipment operating will primarily be headed north and blocked to the south by control towers. He stated that the difference between what is being proposed on Gertrude Street versus the facility that was in Elkhart and commonly termed a mega shredder is that this proposed project does not compare and is not a mega shredder. This project will be constructed on 27 separate pads, spring pads, which allows the whole equipment to move and so no vibrations will emanate into the ground or felt on or off site. They are also proposing to build an acoustical fence along the north and west sides along with concrete block along the east side together along with a ten foot berm along the south side property line with trees above that to separate any sound from leaving the vicinity of the site specific. The second standard will the use adversely affect the use of the adjacent area or property values. As part of this project NRJ is proposing to construct the fencing along the roadway, along Gertrude Street and make significant site improvements which will increase the aesthetic appeal and the overall nature of the facility and the area surrounding. He noted that there are no homes located within a 1/3 of a mile of the proposed site. The third standard s the use consistent with the character of the district in which it is located, he noted that this is a general industrial district, and has been for years and is adjacent to a landfill for the County. The fourth standard is this use compatible with the recommendations of the City Comprehensive Plan. Mr. Deahl stated that after some research and reviewing this plan, the site together designated to the east as well as property to the north is designated at Heavy Industrial in the City’s Comprehensive Plan and as part of that plan there is a significant emphasis on economic growth, jobs growth both of which will be facilitated by the approval of this project. Mr. Deahl stated that they also filed with the third substitute bill Exhibit A, Commitments concerning the use or development of real estate made in connection with a Special Exception for 3700 S. Gertrude Street, South Bend, Indiana and are as follows: 1. Owner shall not, at any time, store more than 200 vehicles on the Property that have not had all hazardous or regulated 9 REGULAR MEETING SEPTEMBER 13, 2010 substances removed. 2. All regulated substances shall be removed from all feed stock prior to crushing or shredding in any resource recover/shredding operation conducted on- site. 3. For purposes of these commitments “regulated substances” shall be as defined in St. Joseph County Code 52.100 which is “any extremely hazardous substance, hazardous substance petroleum or petroleum byproduct, human waste, radioactive substance, biological substance, or other objectionable substance.” This includes fuel, oil, transmission fluid, differential fluid, hydraulic fluid, antifreeze, brake fluid, batteries, mercury switches, air conditioning coolant and other substances as may be deemed necessary by the St. Joseph County Health Department to prevent damages to the surface or groundwater. 4. All feed stock/inventory of vehicles for the process in the resource recovery facility/shredded with liquids present shall be stored on a concrete or asphalt pad with a system to control and collect spills of regulated substances. At no time shall more than 2,000 vehicles be located on site for processing. 5. Owner shall not operate the resource recovery/shredding facility at any time outside of the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. 6. All vehicles and other feed stock shall be stacked no higher than 10 feet above a concrete storage pad. 7. The removal of all fluids from feed stock shall be performed on a concrete or asphalt pad with a system to control and collect spills of regulated substances. 8. The crushing and shredding of material shall be performed on a concrete or asphalt pad with a system to control and collect regulated substances. 9. All regulated substances shall be removed from all feed stock prior to crushing or shredding. 10. All liquid wastes removed from feed stock shall be stored in structurally sound water tight containers specifically designed for the storage of the respective waste and shall be stored either (a) inside of a structure with a concrete or asphalt floor and no floor drain, or (b) outside of a structure in structurally sound secondary containment capable of containing the full volume of all liquids stored. 11. A carbon filtration system shall be installed and appropriately maintained between the first and second retention basins identified on Owner’s site plan submitted with its Petition to prevent any contamination of surface or groundwater. 12. The resource recovery facility/shredder shall be installed on spring pads, to eliminate vibration emanating off- site, as described in Owner’s Petition. 13. The Owner shall be required to invest in, construct and maintain the following site improvements on the property before commencing any operations of a resource recovery facility/metal shredder: (a) a 10 foot high earth berm, topped with evergreen trees and other plantings on Owner’s south property line; (b) a 10 foot high acoustical fence along the entire west and north lines of the Property; and (c) a 10 foot high solid, decorative fence along the east line of Owner’s Property, all as set forth on the site plans submitted as part of the Petition. 14. Owner shall (a) direct, as a condition to operations of any resource recovery facility/metal shredding operation, that all truck traffic leaving the Property exit such Property solely to the South, and (b) cooperate, at the request of the City of South Bend, with directing trucks that may enter or exit the Property to do so using only designated truck routes and not use any route extending north along Gertrude from the Property. Mr. Deahl then turned over the presentation to Mr. Randy Schlipp. Randy Schlipp, 3700 S. Gertrude, South Bend, Indiana, stated that he is part owner of NFJ Real Estate and President and CEO of Gertrude Street Recycling. Mr. Schlipp stated that his business is a family business. He stated that they have worked hard and have established themselves in two Michiana locations, Eau Claire and the location on Gertrude Street. Like every business they want to grow. He stated that if they grow, they can do something else for their customers. They can have new opportunities for present employees and they can create a need for hard working people who want to become part of their company. He stated that they believe the industrial located at Gertrude and Chippewa is a good place for the business they currently have now and for the operation of a resource recovery facility. He stated that they are going to fix up the property, it will still be industrial but it will be a good fit. He noted the bus trip to Dayton, Ohio to see firsthand how a resource recovery facility runs and to see exactly what kind of machine they are talking about putting on the property. He stated that it is the kind of machine that his company is going to have and unlike the mega shredder in Elkhart that was more than three times the size and 6000 more horsepower. Mr. Schlipp stated that he won’t be happy until the City is happy. He as the Council for their favorable consideration. 10 REGULAR MEETING SEPTEMBER 13, 2010 A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of the bill: th Jason Sibley, Vice President, Prime Construction Development, 14977 S. 24 Street, Vicksburg, Michigan. Mr. Sibley stated that they are the construction manager that was hired by NRJ Real Estate for this project. He noted that this is the second project that he has worked on for Randy Schlipp and his family. The first was at the Eau Claire facility which is the nicest metal recycling facility in the State of Michigan. He stated that over the past few years he has gotten to know Randy and his family pretty well and would like to speak tonight on his behalf. He stated that this is a family business started by Randy’s father and now run by Randy, his wife, sons, daughter-in-law and many other family members and members of the community. He noted that this is not some heartless corporation without community ties. He stated that Randy himself is some he would consider a true environmentalist and has found his calling in recycling. He stated that when Randy first started crushing cars, he noticed that the vehicles were not always drained of their fluids properly. This created an obvious danger to the environment and at the time there was no solution. Thus, inspiring Randy to create the Auto-Tap machine. This machine quickly and efficiently drains and separates the fluids from the vehicles. This stops contamination and allows for the fluids to be recycled. He also created a trailer cover system, which better handles the transport of crushed cars. He noted that both of these products are now sold nation wide and are helping stop contamination all over the country. He noted again that this is family owned business and this site will be run by family members. This is a $6 million dollar investment that will create up to 30 new jobs at a time when nobody is spending money. As a business you are either dying or you are growing and this is the next step for this growing family business. He stated that he believes in this project and more importantly believes in the family proposing it. Sal Gerschoffer, 2101 Prairie Avenue, South Bend, Indiana, spoke in favor of the bill. He stated that he believes that the shredder will be a boom to the economy in South Bend. He stated that the Schlipps run a good company. He urged the Council’s favorable consideration. Stephen Stockberger, 717 W. Calvert, South Bend, Indiana, stated that he has lived in the Rum Village Neighborhood for over 30 years. He stated that he traveled to Dayton, Ohio, to see the shredder in operation and was pleasantly surprised that there was no noise. As they walked around the facility, there was a faint smell like smelling burgers cooking at McDonalds. He stated that he believes Randy Schlipp has done due diligence in making this project work. Mr. Stockberger used Omni Source as an example of company to liken this project to and it is located across from Ignition Park. He noted that Green Tech located on Franklin Street makes every effort to go up and down Ewing Street to clean up any debris that may have blown from their property. He also noted that when they visited the shredded in Dayton there was a children’s hospital located very near the property and there have been no complaints. He believes that this project will be an asset to the neighborhood. The following individuals spoke in opposition to this bill: Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, stated that she attended the Area Board of Zoning Appeals meeting when this petition for a Special Exception was being heard. She noted that there was man who spoke who was retired with 37 years in the scrap industry who spoke about explosions from this kind of a facility. She stated that he noted that within the last six months at 200 locations within the United States there have been 28 fires and explosions. She noted that he stated that they will happen it will be inevitable and this project is very close to a day care and Ignition Park. 11 REGULAR MEETING SEPTEMBER 13, 2010 Loren Waggy, 59310 W. Linden Road, South Bend, Indiana, stated that he is concerned about more land contamination. He stated that the petitioner states that he has a machine that will drain most of the fluids from the vehicles being crushed, but doesn’t believe that is going to be good enough. Bob Wiseman, 3402 S. Locust Road, South Bend, Indiana, stated that he is here tonight representing Christ Chapel Church formerly known as St. Mary’s Church. He stated that in 2008 they purchased from the Catholic Diocese of Ft. Wayne South Bend approximately 40 acres on the south side of Locust Road. Mr. Wiseman stated that this project is going to be located near the southwest corner of their property. He stated that this project is being perceived as the perfect plan. Mr. Wiseman stated that there is never a perfect plan; there is always a hiccup or two in every plan. He noted that the shredder will emit dust, noise, smell, vibration that could totally disrupt any plans that they might have for their property. He stated that the 40 acres are pristine property and more than half are wooded. He stated that it is just beautiful land, they have deer, wild turkey and just about every kind of wild bird you can imagine. They have wildflowers and walking trails back on the south and east side of the property. This project will be directly in that area. He questioned the location of this project and why does it have to been within the city limits. He stated that he would like to see South Bend as a city that everyone can be proud of and he questioned how South Bend can grow in the right direction with a car shredded in the plan. Jim Parker, 1717 W. Ireland Road, South Bend, Indiana, stated that he went to Gary, Indiana to see the car shredder that they have. He stated that it is the same machine that the Schlipps are proposing to put in at the Gertrude Street location. Mr. Parker stated that the machine in Gary is capable of crushing approximately 700 cars a day. He stated that to get to this facility if Gary you take Cline Avenue, which a 4 lane highway is; it is near the Gary Airport. He stated that there was a metal smell and taste involved as he toured the facility. He stated that when there are prevailing winds the neighbors will be tasting and smelling metal. He noted that the infrastructure on Ewing Avenue, Ireland Road and Chippewa Avenue is totally inadequate. He noted that Bowman Creek runs along Ireland Road to Linden Avenue and there is a culvert along the very narrow Chippewa Avenue and Gertrude Streets. He stated that this is not safe for the residents who live in this neighborhood. Mr. Parker stated that it is easy to say that the Schlipps are environmentalists however have their disclosed their green mission statement. He urged the Council to vote against this bill. Paul Duda, 2133 S. Taylor, South Bend, Indiana, stated that he is here tonight representing the Rum Village Neighborhood Association and that at their last meeting nineteen (19) members were opposed to this project, six (6) were in favor and one (1) no vote. Judith Obermeyer, 3447 S. Locust Road, South Bend, Indiana, stated that when she first moved into her home it was in the county. She stated that it was annexed into the City and after 20 years later they started to receive city services. She stated that they deal with the noise from the U.S. 20 by-pass and have come to accept the run off into the Rum Village Neighborhood from the north/south continental divide. She stated that she has recently retired from teaching in the South Bend Community School Corporation and enjoys spending time on her sun porch, however, now she will have to learn to deal with more noise from the shredder. She stated that this area has seen recent residential growth with the Prairie View Apartments, Emerson Woods Subdivision and approximately 50 new homes built on various lots in the Rum Village Neighborhood. She stated that she has heard the commitments that Mr. Schlipp is proposing tonight, but questioned who is going to monitor all those commitments. Deanna Waggy, 59310 W. Linden Road, South Bend, Indiana, questioned whether or not there is an adequate water supply to support this kind of project. She noted that those who live in the county will have to worry about their wells and contamination. She questioned the removal of Freon from the air-conditioning pumps off the vehicles and all the combustible materials that could explode. Ms. Waggy questioned their good stewardship of the land. 12 REGULAR MEETING SEPTEMBER 13, 2010 John Daly, 217 W. Michigan, New Carlisle, Indiana, stated that he is cautiously attentive to this project. He stated that he is concerned about the increased traffic in the area along with storage of fluids that are potentially hazardous and explosive. He questioned the enforceability of the commitments that the Schlipps are stipulating and who they enter into those agreements with. In Rebuttal, Mr. Deahl addressed the concerns raised. He stated that there will be no noise pollution. He stated that this property is a brownsfield site and that there would not be any new development on this site for years to come. He reiterated that this is a locally owned family run business. He noted that there will be trees and a buffer installed. There will be better water quality with the two (2) retention ponds to monitor and maintain water quality. All fluids will be drained prior to crushing or shredding on site. A Fire Suppression system installed. Traffic concerns will be addressed by the petitioner and the City of South Bend’s Engineering Department. He noted that all Indiana Department of Environmental Management laws will be followed. Mr. Deahl requested the Council’s favorable consideration of this bill. Councilmember Puzzello stated that she has two reasons for voting against this Special Exception tonight. First, noise is a major concern. She stated that possible explosions and 45 hours of week of noise, even if it is the slightest hum is totally unacceptable to her. Second, the increase in truck traffic is greatly going to affect property values. She stated that this is not a good location. Councilmember Henry Davis questioned how many Brownsfield exist in South Bend. Ann Kolata, Department of Community and Economic Development stated that there are approximately 1,400 parcels surveyed within the City of South Bend, approximately 242 or 272 have been identified. Councilmember Karen White thanked the petitioner for working with the City and the residents of the Rum Village Neighborhood Association. She stated that she has received many e-mails and phone calls regarding this bill. She stated that she is concerned for the residents near this project. She noted that she voted against all the car dealerships and repair shops along the Western Avenue Corridor when they have come before the Council for a vote because they were too intrusive to the neighborhood. She believes this project is the same too intrusive to the neighborhoods and therefore she will be voting against this bill tonight. Councilmember Rouse questioned items #2 and #3 in Section III, of the Resolution. He stated that he believes that the Council needs to give due diligence to questions #1 and #2. He stated that he would like to collaborate more and work more diligently on those issues. He stated that he cannot support this bill without further dialogue. He stated that the Area Board of Zoning Appeals has not done enough due diligence. He urged the Council to continue this bill. Councilmember Henry Davis stated that is in favor of continuing this bill to continue further investigation to make sure that there are no possibilities of contamination, explosions or hazardous materials. He stated that if this bill moves forward tonight he would not be in favor of it. Councilmember Oliver Davis stated that he has had discussion with Ms. Kolata on the locations of Brownsfield sites and the best possible location for a project like this. He th stated that he is the representative for the 6 District where this project is proposed. He th stated that the 6 District has a lot of positive things happen in it, example, Ignition Park and the relocation of the TRANSPO facility. He stated that this one project is going to th mess up the progress for future development to expand in the 6 District. He stated that it has been said that there are no residential homes close to this project, however, noise travels and you don’t have to live next door to hear it. He stated that more testing needs to be done on the noise pollution that is going to be created by a project of this magnitude. He stated that roads and streets have been promised to be fixed if the project 13 REGULAR MEETING SEPTEMBER 13, 2010 warrants it? Who is going to make that decision? And if it happens who is going to maintain them. He stated that the comfort and welfare of surrounding properties is going to be affected. A fence is not going to correct that. Who is going to monitor all the commitments that have been mentioned tonight along with enforcing truck traffic? Councilmember Oliver Davis stated that he would be in favor of continuing this bill. Councilmember Al “Buddy” Kirsits stated that 95% of the time he votes with the District Councilmember. He stated that he would like to continue discussion on this bill. He has some concerns regarding fire lanes and the possibility of the city running a hydrant to the property. He stated that he believes that the project could be a good fit for the location with the written commitments in place making the project less harmful. Councilmember LaFountain stated that this property being a Brownsfield site makes it totally unacceptable to be developed for any kind a residential development. He stated that Mr. Schlipp is willing and wants to make the land useful again. Council President Dieter noted that the petitioner has an existing business on the property and is proposing an expansion. He stated that people think of this property as a dump and that perception is not correct. The petitioner wants to clean up the property and expand his business. Mr. Deahl asked the Council to continue this bill until their next meeting on Monday, September 27, 2010. There being no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kirsits made a motion to continue this Resolution until the September 27, 2010 meeting of the Council. Councilmember Henry Davis, Jr. seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Ann Puzzello.) RESOLUTION NO. 4047-10 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 901 (LOT 2) AND 910 (LOT 1) NORTH ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SNYDER CUSTOM HOMES, INCORPORATED 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 901 (Lot 2) and 909 (Lot 1) North St. Peter Street (old consolidated address is 727 East Corby Street), South Bend, Indiana, and which is more particularly described as follows: Lot 1 and Lot 2 as shown the same and designated on the Plat of Snyder’s Corby Street Minor Subdivision as in the Office of the Recorder of St. Joseph County, Indiana; , and this property which has the old consolidated Tax Key Number of 018-5107-3766be 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; 14 REGULAR MEETING SEPTEMBER 13, 2010 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: 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. 15 REGULAR MEETING SEPTEMBER 13, 2010 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. 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 Timothy Rouse, Chairperson, Community and Economic Development Committee reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. Mr. Bernard Feeney, Lang, Feeney & Associates, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Feeney advised that Snyder Custom Homes intends to construct two new single family homes. Each home will be two stories. One of the homes will contain approximately 2,850 square feet with three bedrooms and an attached two stall garage. The other home will contain approximately 3,000 square feet with four bedrooms, a finished lower level and an attached two car garage The cost of the two homes will be approximately $525,000 each. 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 Oliver Davis 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.) BILLS – FIRST READING 16 REGULAR MEETING SEPTEMBER 13, 2010 BILL NO. 55-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $276,780 WITHIN FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on September 27, 2010. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 56-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEARS 2011, 2012 AND 2013 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 27, 2010. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 57-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2011, 2012, 2013 AND 2014 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 27, 2010. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 58-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2011 This bill had first reading. Councilmember Rouse made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 27, 2010. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 17 REGULAR MEETING SEPTEMBER 13, 2010 BILL NO. 59-10 FIRST READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2011 This bill had first reading. Councilmember LaFountain made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 27, 2010. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 60-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3609 WESTERN AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Rouse made a motion to refer this bill to Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA BOARD OF ZONING APPEALS BILL NO. 10-43 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1401 SOUTH LAFAYETTE BLVD., SOUTH BEND, INDIANA BILL NO. 10-44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZOING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT (2602) WESTERN AVENUE, SOUTH BEND, INDIANA) Councilmember Puzzello made a motion to refer Bill Nos. 10-43 and 10-44 to the Zoning and Annexation Committee and set for Public Hearing and Third Reading on September 27, 2010. Councilmember Rouse seconded the motion which carried by a voice vote of nine (9) ayes. Council President Derek Dieter stated that a letter had been sent to the members of the South Bend Common Council that are sponsoring Bill No. 30-10, advising them that they are to set the bill for Public Hearing. NEW BUSINESS There was no new business to come before the Council at this time. 18 REGULAR MEETING SEPTEMBER 13, 2010 PRIVILEGE OF THE FLOOR COMMENTS REGARDING BILL NO. 30-10 Martha Carol, 638 E. Ewing Avenue, South Bend, Indiana, advised the Council that there is only one question left to answer regarding Bill No. 30-10 and that is whether or not discrimination in the work place exists? She stated that the Council was elected to represent all citizens of South Bend. She noted that they are just asking for a place to seek recourse. She stated that Bill No. 3-10 is not vague, but rather is it right or wrong to discriminate in the work place. She urged the Council to set this bill and vote for fairness for all citizens. Catherine Pittman, 2628 Summit Ridge Drive, South Bend, Indiana, spoke in favor of Bill No. 30-10. She stated that she understands that the Council is busy with negotiations and budget hearings. Ms. Pittman advised that she is urging the Council to put Bill No. 30-10 to the final vote. Ms Pittman filed with City Clerk John Voorde, signed petitions to schedule Bill No. 30-10 for a final vote. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:34 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 19