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HomeMy WebLinkAbout08/27/07 Council Meeting MinutesREGULAR MEETING AUGUST 27, 2007 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, August 27, 2007 at 7:00 p.m. The meeting was called to order by Council President Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter Charlotte Pfeifer Roland "Randy" Kelly Ann Puzzello David Varner Ervin Kuspa Al "Buddy" Kirsits Timothy Rouse Karen L. White OTHERS PRESENT: 1st District 2nd District 3rd District 4th District Vice-President 5th District 6th District At-Large At-Large President At-Large Chairperson Committee of the Whole John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice L Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMIyIITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the August 13, 2007 and August 20, 2007 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Puzzello made a motion that the minutes of the August 13, 2007 and August 20, 2007 meetings of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Councilmember Randy Kelly advised that this week has been designated by the South Bend City Council as Roland Kelly Remembrance Week. He thanked the Council for this honor on behalf of his entire family. He also thanked everyone for the warm welcome to the Council and is very honored and humbled to fill his father's Council seat and represent the citizens of the 3~d District for the remainder of the term. He stated that on Friday, August 31, 2007 there will be a Tailgate Party celebrating Roland Kelly Remembrance Week and the Kick-Off of the 2007 Notre Dame Football Season at the College Football Hall of Fame sponsored by Downtown South Bend. He stated that everyone is invited to attend the celebration! Councilmember Pfeifer introduced and welcomed the Council's Interns they are Indiana University South Bend Students Fran Touhey and Antoinette Redding. She stated that they will be helping the Council with special projects and research. REGULAR MEETING AUGUST 27, 2007 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2- ll of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 34-OS PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3400 BLOCK OF NORTHSIDE BOULEVARD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT #3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer made a motion to hear the substitute version of this bill. Councilmember Dieter 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 meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Mr. Mark Lyons, Staff Planner, Area Plan Commission, l la` Floor County-City Building, South Bend, Indiana, presented the report from the Commission. Mr. Lyons advised that this is a rezoning on the south side of Northside Boulevard across from 34a` Street. The site contains a vacant group home that had been removed. It is a rezoning of approximately a 2 acre site from MF1 &SF2 to MF1. This is to allow the construction of townhomes and townhome villas. There are twenty-four (24) proposed units on the latest development plan that includes fourteen (14) townhomes on the northern part of the site and 10 townhome villas on the southern part of the site. They are approximately 2 stories in height with a maximum of 31'. On the northern part of the site there are 22' side yard set backs and on the southern part of the site there are 12' side yard setbacks. The development will be a gated community, and part of the site is within a flood zone. The petitioner is not held with a specific site plan without written commitments. The site is completely surrounded by SF2 single family zoning. As the plan was originally proposed in 2005, it comes to the Council with an unfavorable recommendation from the Area Plan Commission. Mr. Mike Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, representing the property owner Mr. Tiberius Mahalache, made the presentation for this bill. Mr. Danch as was given to the Council this afternoon and as what Mr. Lyons just mentioned they are asking for a rezoning in the 3400 block of Northside Boulevard to be allowed to build single family attached homes. Mr. Danch stated that they would like to be able to construct 24 single family homes on the southside of Northside Boulevard right at its intersection with 34~` Street. What this will consist of are four sets of single family homes buildings along Northside Boulevard. What they did was broke up the fagade of those buildings along Northside Boulevard to give it more of a residential feel and match the other residential homes within the River Park Area. Those buildings would be two stories and have a maximum height of 30'. The back buildings along the St. Joseph River will be lower 1 story or 1 '/z stories, again that is to leave the site open. What they attempted to do is to allow views from Northside Boulevard over to the St. Joseph River. REGULAR MEETING AUGUST 27, 2007 He mentioned this afternoon at the committee meeting this particular site will have commitments. They will be going back to the Area Plan Commission and he advised that this is basically in response to the owner meeting with the neighborhood groups and since the last time they met with Council the owner has met three (3) times with the neighborhood associations. Those commitments would be part of is 1.) They would be limited to the twenty-four (24) single family attached homes that are on the site plan. 2.) That the side yard setbacks closest to Northside Boulevard would have a setback from the property lines on the east and west boundaries of the project site at 22'. The buildings that are closest to the St. Joseph River would have a set back of 12' along the east and west boundary lines. They would be evergreen screening along with a 6' fence put up along both the west and east boundary lines. The height of the evergreen screening at the time of the installation would be 15' tall evergreens. They would also be doing that this would be a gated community that was part of the letters that the Council had received copies of There would be a setback from the centerline of Northside Boulevard to where the buildings are along that first tier of buildings of 50'. Mr. Danch stated that he believed that met most of the requirements that were stated in the letters that the Council had received. He again reiterated that they would go back to the Area Plan Commission to have those made part of the record and it would be part of the site plan that would be submitted back to Don Fozo for approval and for building purposes. From the usual part drainage is going to be on site as per the City standards from a landscaping part around the buildings there will be extensive landscaping that will be done. They will be hooked up to water and sewer and will certainly meet all the fire requirements set out by the South Bend Fire Codes. Councilmember Rouse stated that there has been a tremendous amount of changes since the Area Plan Commission last heard this petition. He asked Mr. Danch to go over those changes. Mr. Danch advised that the original plan that was submitted to the Area Plan Commission for approval approximately two (2) years ago had 28 units as compared to the 24 units that the Council is currently looking at this site plan. That original one also only had two buildings along the frontage of Northside Boulevard and what that did is caused a great concern for some of the adjacent residents that just by having two buildings instead of what the Council is currently seeing now is four buildings that it would be an imposing structure along the south side of Northside Boulevard. The density was obviously higher for that original development that they had submitted. The buildings and the parking area on the interior were different, it required more interior parking there would have been more homes creating more traffic onto Northside Boulevard. Going to 24 units allowed them to free up some of the landscape areas between the buildings, open up the site and reduce the intensity of the single-family homes. One of the other things that the original plan had back in 2005 was that they were talking about townhomes or condominiums. This particular plan that is being presented tonight to the Council will be single family attached homes. Assuming that they receive approval from the Council this evening they would also be going back to the City Board of Zoning Appeals and actually creating legal lots of record for each home. So that when someone buys a home in this development, they would actually be buying a home on a lot and that is the difference that was originally stated back in 2005. Council Attorney Kathleen Cekanski-Farrand stated that there is a scrivener's error in the second paragraph, the last line where it says 25 single family homes should be 24 homes. Councilmember Pfeifer made a motion to amend the substitute bill scrivener's error in the second paragraph, the last line to read 24 homes. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Chris Dressel, Community & Economic Development, 12~` Floor County-City Building 227 W. Jefferson Blvd., South Bend, Indiana, spoke in favor of this bill. REGULAR MEETING AUGUST 27, 2007 Mr. Dressel advised that over the past several years the Department of Community and Economic Development has partnered with the River Park Neighborhood Association and others to bring an increased quality of life to neighborhood residents through both physical improvements and other capacity building. He stated that the department feels that this project would be beneficial to the River Park Neighborhood through the following: Infill development of an underutilized river front property. Substantial investment and continued revitalization of this older and established neighborhood and the opportunity to bring additional residents to lend increase support to area businesses particularly on Mishawaka Avenue. In addition, City Plan a long range comprehensive planning document that was approved by Council in 2006 includes a number of priority policies that are consistent with this project. These include but are not limited to the encouragement of residential developments to contain a mix of housing types, densities, price ranges and amenities and a support of housing opportunities for medium to high income household throughout the city. The proposed project would also provide the additional benefit of increasing home ownership percentage and then help offset the recent trend of increased rental properties which is a shared concerned amongst neighborhood leaders in River Park. Over the past few months there have been improved and increased communication amongst the developer and the neighborhood association and friends of River Park and other residents that have expressed concerns about the project. He thanked everyone involved and commended them for their efforts and he remains hopeful and optimistic that this project will come to an agreed upon or shared consensus regarding this project. The Department of Community and Economic Development believes that given the reason stated earlier the opportunity to attract owner occupied infill housing in the River Park Neighborhood does lend credence to the partnerships and the improved efforts that have taken place over the last decade. He urged the Council favorable approval. Mr. Larry Steele, President, River Park Neighborhood Association, spoke in favor of this bill. He advised that over the past couple of years they have had many meetings with Tibi and there has been a lot of thought and changes have gone into the project. As a result of that most of those that attended the meetings not all at this point are in favor of this project. On a personal standpoint, Mr. Steele stated that he has been in most of Tibi's buildings and homes and they are of very high quality. Several are already individual homes on Northside Boulevard are extremely nice. This project will benefit the neighborhood. This project is very similar to some of the housing developments in Mishawaka, up and down the St. Joseph River and should make the whole area very nice. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mr. Gary King 730 N. Hill, South Bend, Indiana, spoke in opposition of this bill. Mr. King stated that he did not think he was going to speak opposed to this bill until he hears the words flood plain. He stated that part of this property is in a flood plain and why would the Council allow construction of homes in a flood plain. It might be a perfectly good thing, and it might not be flooded very often but he has heard a lot about the setbacks and landscaping and the parking and all that, but nobody said anything about if the St. Joseph River rises 5' what part of the property would be impacted are those people likely to be flooded out or will there be enough height to the foundations to where it would not cause a big problem. Mr. Bernie Accoe, 3310 Northside Blvd., South Bend, Indiana stated that he lives directly adjacent to this property that is up for rezoning to the west of the property. He stated that he is in opposition to this proposal. Mr. Accoe passed out a handout and is on file with the Office of the City Clerk. He questioned where the 50' front setback starts from. He stated that he has been looking at this proposal for a long time now. The property line on the west side of the development is 190' long and if there is 50' from the center of the road to the lgt building, that first building if he recalled correctly is 40' so that is 90' and there is a little bit of an angle there. You have then about a 30' foot driveway which is 120' and then you have 54' second set of buildings down towards the river so that is 184' and then you have a 40' to 50' buffer zone between the river and the back of those REGULAR MEETING AUGUST 27, 2007 buildings, that's over 200'. He would like to see a plan that is going to work here, how is this plan going to work when you have more footage than what is accountable for. Of course those buildings are on an angle, and if you angle them enough you could possible get them in there, but it doesn't look like it is on a very sharp angle. In the packet, there are minutes from the Area Plan Commission Meetings dated March 15, 2005 and July 19, 2005. Additionally, you will find a list of assurances from the petitioner and a flood plain map in that packet. He reiterated that he has spoken in opposition to this proposal on a number of occasion and at various meetings. He has sent many e-mails which he hoped the Council received them regarding his concerns on this rezoning and how it will affect the neighborhood and himself He will not comment further except that again he has to respectfully disagree with Chris DressePs assessment that more multi-family housing is a good thing for the River Park area. He read from the July, 19, 2005 meeting of the Area Plan Commission and stated that in the 1997 River Park Neighborhood Preservation and Improvement plan report concerns were mentioned about the increased number of multi- family and rental units in the River Park areas. This is important to note that this was a trend back in 1997 and as far back as 1960. Is this something that this trend is associated with some of the problems that have occurred in River Park? He did commend the petitioner for bring new housing and new dollars to the River Park area. However, in his heart he believes that more multi-family housing is not a good thing for the neighborhood. They surveyed south of Pleasant Street when they got signatures for their petition and found that approximately '/4 of the housing is already multi-family housing in that area. He believes that single-family homes would improve the neighborhood more and help better anchor revitalization in the River Park area. Rationally however, any development dollars are good dollars, the size of the project has diminished in scale and has evolved into a project that would not significantly impact traffic in the area and he applauded the petitioner for his previous good work in the neighborhood. Hemet with Mr. Mihalache on three separate occasions to help write the commitments that have been presented tonight. Again in the July 19, 2005 meeting minutes from the Area Plan Commission he mentioned the idea of 20' setbacks. Mr. Danch quotes that one of the requirements that the staff recommends is to make a written commitment that the maximum number of residences on this property be limited to 28' and the setback line along the east property line and west property line would be 20' and make that commitment and have no trouble with that. His point is that for two years the commitment has been for 20' along the west side and the east side of the property line all the way down the property line and asked the Council to honor those commitments that were made at the Area Plan Commission meetings. He stated that if these commitments cannot be given in writing he urged the Council to vote unfavorably on this bill. Ms. Lisa Ferris, 3401 Northside Blvd., South Bend, Indiana stated that she lives directly across from the proposed project. She stated that it has been more than 2 '/z years since they began this journey with Mr. Mihalache. It has been a battle that at times has been very tiring. Mr. Mihalache has postponed numerous hearings only to find the neighbors back here again looking at the same site plans over and over again, of course with the reduction on the number of units he plan to build. His current site plans are the same footprint as his original In his current plan he proposes to build two story townhomes at street level and one story villa townhomes at the lower level. As with past plans she has concerns with the current one. Floodway: the lower level of the site plans is once again proposed to be built in the floodway. Safety: with the same footprint as the original plan there is still the concern of not being in compliance with the 2000 International Fire Code Handbook. During the last presentation at the March 15, 2005 meeting it was stated that the proposed plan does not comply with the 2000 International Fire Code Handbook regarding the ingress and egress slope of less than 10 percent. The proposed plan is not in compliance with the 2000 International Fire Code regarding the maximum depth and length of 96' for backup and turn around of fire apparatus for emergency vehicles. Since the cancellation of the July 2007 rezoning meeting, Mr. Mihalache met with several neighbors to come to an agreement for the property. She reluctantly gives her acceptance to this, why, it is either this agreement which gives the residence some sort of protection or it is nothing. She is not even certain that Mr. Mihalache will even fulfill his commitment to this agreement. He says he will but she is not certain if that this will come to terms that he will. If this property becomes multi-family there will be more tax dollars for South Bend. River Park will not prosper from this project, it needs families to REGULAR MEETING AUGUST 27, 2007 prosper. River Park will not develop as a community it needs families, you won't get families if you don't have homes with yards and places for those children to play and grow. They won't have the children that are needed to attend the area schools, play in the City Parks, go to the zoo or attend the local college. River Park will eventually fade and all that will be left will be multi-family homes with people going to work and spending their dollars some place else. She hoped that the Council would do what is best for River Park and vote no to the rezoning. Mr. Dennis Frank, 3420 Northside Blvd., South Bend, Indiana, stated that he lives east of the proposed development. He stated that two years ago there was a petition with over 300 names of people who were opposed to this rezoning, not to a specific site plan but the rezoning in general. He has really seen no evidence that the majority of those people have change their mind other than that they have been through this process so many times and the proposed developed has been postponed for over two years, it seems like the petitioner is trying to wear the residents down by coming to all the meetings and then when they get there just postpone the project because things are not going in their favor. Mr. Frank stated that he is very concerned with the setback requirements. It was said that grade would have to be raised on the property by the river. If you raise grade say 6' and install a 6' fence, now the grade is higher than the fence, plus you have to make that change within the 12' and this is going to be a very steep slope. He just doesn't see proper screening being able to be met on that slope. Mr. Frank stated that he has been told first that they won't have to raise the grade and now is being told that the grade will have to be raised. He reiterated that he is against this project, however if the Council votes in favor of this project that they get written commitments from Mr. Mihalche with larger setbacks. Mr. Ron Hively, 3504 Northside Blvd., South Bend, Indiana, stated that he doesn't understand why they keep going through this. He stated that it has been a waste of the Council's time and the residents of the neighborhood. He stated that he is very much against this project, this is not what the neighbors want, they want single family residential homes on that property. Mr. Hively stated that they have discussed the extra traffic that would be added, building on a flood plain, the setbacks, etc. He questioned why the Council allows this bill to just keep being continued time and time again. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Danch advised that the flood plain issue that has been discussed before there is a portion of the site has the floodway on it down by the St. Joseph River. There is also a portion of the site that is considered in the flood plain. Any buildings that are built on this project site if they were anywhere near the floodplain would have to be 2' above the 100 year floodplain in order not be required not to have insurance. The floodway area is strictly prohibited. Mr. Danch stated that they had talked with the DNR and have sent copies of the site plan, the original site plan that they had done on the site and the DNR said as long as they stayed outside of the floodway that there were no permits required for what they were asking to be able to do. Mr. Danch advised that they will most likely still send them copies of the plan once they do the engineering work on this particular development. Regarding the rezoning proposal, over half the site if MF1 which allows for the development that they are asking to be done. Basically, the portions on the east and west sides of the site which are presently zoned SF2 and that is what they are asking to be rezoned to the MF1 District. The request regarding the side yard setback what they had mentioned two years ago on the 20' was under a different plan that was also the proposal to do condominiums. What the residents were concerned about at that time were rental units. Mr. Danch stated that they have now changed to 24 single-family homes, these are not rental units, they are single family attached houses. Because they have changed the development they also changed the size of the buildings that they are using, these are larger than what the original plan had of 28 units. They believe that the residents wanted single family and that is what they are proposing for this type of development. They do have the setbacks of 22' along the northern boundary and are asking for the 12' down along where the river is. That is away from any of the adjacent residence. The adjacent residences have their building closer to Northside Blvd. Under the MF1 district they are actually allowed to go down to 6' for a side yard setback. So REGULAR MEETING AUGUST 27, 2007 even the closest buildings would be twice as far as what is allowed by the development. One of the other setbacks that was mentioned was the 50' setback. That 50' setback is off the centerline of Northside Blvd., which is not the 190' foot that Mr. Accoe talked about for the west property line. They were talking about from the centerline of the right- of-way which the right-of--way for Northside Blvd. he believes is 80', so that setback of 50' is off of that right-of--way. Mr. Danch stated that is what they were considering and that is what they presented to the Council this afternoon that the setback is from the centerline of the street. This does allow enough area for development for the buildings and still allow them to be away from the St. Joseph River. Councilmember Kirsits asked whether the Fire Department had reviewed the site plans for fire protection. Mr. Danch stated that what usually happens they will the site plans at the time the engineering work is taking place and obviously they will have to meet all of their requirements. Mr. Danch stated that he spoke with Councilmember Kirsits and discussed that the developers has a couple of options available to them. First is to meet the standards for fire protection for the type of development that is being done. Second is to have interior sprinkling as well, that is one of the things they will have to take a look at. Councilmember Kirsits also asked about a private fire hydrant. Mr. Danch stated that was another possibility, and thinks that could be engineered without any difficulty what so ever. Councilmember Puzzello stated that there was mention that the yards would not be conducive to children playing. She stated that there is a lot of common ground that could be used for children playing. Mr. Danch stated that that these are single-family attached homes and each of them will have their own lots. There would probably be a homeowners association that would take care of the open spaces or the common areas. That could be laid out as part of the restricted covenants that go with buying the home. Councilmember Rouse stated that this development would go back to the Area Plan Commission with the written commitments that were mentioned in Mr. Danch's presentation. Mr. Danch stated that there will be written commitments that will go with this project and they will go back to the Area Plan Commission, those will have to be in a written format, and then approved by the Plan Commission and then those commitments will run with the property. He stated that they would be doing the setback as talked about, the landscaping, the fencing, the evergreen screening, those would be the commitments that would be with the project. So even if Mr. Mihalache were to go out of this particular project, and another developer would come in, they would be held to those same commitments. Council Attorney Kathleen Cekanski-Farrand advised that amended substituted Bill No. 34-OS be sent with a favorable recommendation subject to a Final Site Plan and Written Commitments as detailed by the Petitioner on the record. Councilmember Puzzello made a motion that amended substituted Bill No. 34-OS be sent with a favorable recommendation subject to a Final Site Plan and Written Commitments as detailed by the Petitioner on the record. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING AUGUST 27, 2007 BILL NO. 43-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF NORTHSIDE BOULEVARD, FROM 21sT STREET, WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF DUNN' S 1sT ADDITION PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation, reported that this Committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works, 13~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana stated that he is in favor of this bill subject to an access agreement with the South Bend Fire Department. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation far this bill on behalf of 1106 Corporation, Mr. Steven Replin, President. Mr. Feeney advised that the purpose of the vacation is to eliminate the alley that separates the two existing parking lots so that a more organized parking layout can be developed on this space. The parking lot serves an adjacent complex, which is also owned by the petitioner. Mr. Feeney further advised that the owner agrees to the access agreement with the South Bend Fire Department. 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 was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Council Attorney Kathleen Cekanski-Farrand advised that this bill should be amended in Section V. to include the wording that this ordinance shall be subject to an access agreement with the South Bend Fire Department and then shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Councilmember Varner made a motion to amend this bill with the language that was read into the record by the Council Attorney. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 49-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF BRICK ROAD RIGHT OF WAY LOCATED IN THE NORTH'h OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 39 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation, reported that this Committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. REGULAR MEETING AUGUST 27, 2007 Mr. George Herendeen, Attorney at Law, 419 W. Jefferson Blvd., South Bend, Indiana, made the presentation on behalf of the owner G.V.W. Tire, Inc. Mr. Herendeen advised that the purpose of this vacation is that this strip of property was originally owned by the State of Indiana as part of the Brick Road right-of--way. Some time ago, the State voluntarily conveyed ownership of this wedge of land to the City of South Bend. Effectively, it is the northeast corner of the property owned by the petitioner and is the natural boundary of that property. Mr. Herendeen stated that the petitioner has worked with the City Engineer's office to resolve issues with respect to the property and the City Engineer has joined in the request to vacate this wedge of property to complete the boundary lines of the property presently owned by the petitioner. 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 nine (9) ayes. BILL NO. 44-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED "REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" AND AMENDING OTHER SECTIONS OF CHAPTER 14 RELATED THERETO Councilmember Pfeifer made a motion to continue this bill until the September 17, 2007, Special Meeting of the Council for the sole purpose of hearing Bill No. 44-07, and refer back to the Community Relations Committee. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 50-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARIOUS SECTIONS OF CHAPTER 6, ARTICLE 1, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PERMIT FEES AND THE DEFINITION OF PLUMBING CONTRACTOR Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Donald Fozo, C.B.O., 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, made the presentation for this bill. Mr. Fozo advised that this bill would allow his department to stay incompliance with Ordinance 8412-93, subsection 1, which established the Consolidated Building Department as an enterprise fund. He stated that it is their responsibility to monitor fees in order to assure that they continue to be self-supporting. He stated that in an effort to keep the Department running with a cash reserve, they have left four (4) positions vacate over the past year. He further stated that he still feels it is necessary to increase the fees REGULAR MEETING AUGUST 27, 2007 due to rising costs, such as postage from 37¢ to 41¢, gas from $1.20 to $2.90 a gallon, and total increase in benefits of $67,500, since the 2004 fee increase. 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 nine (9) ayes. BILL NO. 51-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Thomas Bodnar, Assistant City Attorney, 14~` Floor County-City Building, residing at 1618 E. LaSalle Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Bodnar advised that in 2000, the City of South Bend enacted an Ordinance establishing fees for various reports and documents of the City of South Bend. These fees should be reviewed and adjusted periodically to reflect increased costs of the production of these documents and other services. Mr. Bodnar noted that LC. 36-1-3- 8(a)(6) gives the City the authority to set fees providing they are "reasonably related to reasonable and just rates and charges for services." He further advices that this ordinance establishes a higher fee for color photo copies and raises the fee for clerk certifications, finger prints, and motor vehicle accident reports. 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, Councihnember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 46-07 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 2008 Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. John Voorde, City Clerk, 4~` Floor County-City Building, 227 W. Jefferson Blvd., residing at 2633 Aspen Way, South Bend, Indiana, made the presentation for this bill. 10 REGULAR MEETING AUGUST 27, 2007 Mr. Voorde advised that this ordinance is relative to the 2008 Budget for the City of South Bend. The ordinance is necessary to set the annual compensation for the City Clerk for the year 2008. 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 Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, 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 8:15 p.m. Council President Tim Rouse presided with nine (9) members present. BILLS, THIRD READING ORDINANCE NO. 9776-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3400 BLOCK OF NORTHSIDE BOULEVARD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT #3, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 11 REGULAR MEETING AUGUST 27, 2007 ORDINANCE NO. 9777-07 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF NORTHSIDE BOULEVARD, FROM 21sT STREET, WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF DUNN' S 1sT ADDITION PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Dieter seconded the motion seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9778-07 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF BRICK ROAD RIGHT OF WAY LOCATED IN THE NORTH'h OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 39 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Dieter 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. 9779-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO AMEND VARIOUS SECTIONS OF CHAPTER 6, ARTICLE 1, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PERMIT FEES AND THE DEFINITION OF PLUMBING CONTRACTOR This bill had third reading. Councilmember Dieter 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. 9780-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES This bill had third reading. Councilmember Dieter 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. 12 REGULAR MEETING AUGUST 27, 2007 ORDINANCE NO. 9781-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2008 This bill had third reading. Councilmember Dieter 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. RESOLUTIONS RESOLUTION NO. 3778-07 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 3520 WESTERN AVENUE, SOUTH BEND, INDIANA 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 LC. 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 L 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: (3520 Western Avenue, South Bend, Indiana) in order to permit The Approval of a Special Exception to allow for off-site parking usage at 3520 Western Avenue for property located at 3602 Western Avenue, South Bend, Indiana per Section 21-07-04 ©3 of the City of South Bend Zoning Ordinance. SECTION IL 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; 13 REGULAR MEETING AUGUST 27, 2007 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/Timothy A. Rouse Member of the Common Council Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this Committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. James Groves, Attorney at Law, 205 West Jefferson Blvd., Suite 502, South Bend, Indiana, made the presentation on behalf of the owners Samuel & Artemio Diaz. Mr. Groves stated that the petitioners are seeking the approval of a Special Exception for their property located at 3520 Western Avenue, to allow for the construction of anoff- site parking lotto be used for a restaurant facility at 3602 Western Avenue. 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, Councihnember Dieter made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 07-80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 202 SOUTH MICHIGAN STREET FLOOR 1,2,4,5,9 AND 11 TO 14 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR KEY SB, LLC, THE HINMAN COMPANY BILL NO. 07-102 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 585 CARBONMILL DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GWSB PROPERTY TAX ABATEMENT FOR GWSB PROPERTIES LLC 14 REGULAR MEETING AUGUST 27, 2007 BILL NO. 07-103 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 220 WEST COLFAX AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COLFAX PLACE ASSOCIATES BILL NO. 07-104 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 840 UNITED DRIVE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR PROPERTY TAX ABATEMENT FOR NELSON DEE, LLC BILL NO. 07-105 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2722 TUCKER DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC BILL NO. 07-106 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY LLC BILL NO. 07-107 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 AND 1215 SOUTH WALNUT STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE 15 REGULAR MEETING AUGUST 27, 2007 Councilmember Puzzello made a motion to continue Bill Nos. 07-80; 07-102; 07-103; 07-104; 07-105; 07-106 and 07-107 until the September 10, 2007 meeting of the Council, due to the applicant not being able to submit the Memorandum of Agreement that is required as a condition precedent to consideration of the resolution. The City is in the process of revising the format of the MOA and will not have it ready in time for the petitioner to act on it. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3779-07 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 3722 FOUNDATION COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR IMAGINEERING ENTERPRISES, INC. WHEREAS, a petition for personal property tax abatement has been 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 3722 Foundation Court, South Bend, Indiana, and which is more particularly described as follows: Lot numbered Two (2) as shown on the plat of Metro-Aledo Minor Subdivision and recorded as document number 9440809 in the Office of the Recorder of St. Joseph County, Indiana excepting sixty (60) feet in width off the entire south side thereof. and which has Key Number 025-1010-040018, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., 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 an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby determines and finds that the Petition for Personal Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et sec ., for tax abatement. SECTION IL The Common Council hereby determines and fmds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; 16 REGULAR MEETING AUGUST 27, 2007 C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and E 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VL The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period (5) five years. SECTION VII. 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 VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Dieter, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. 17 REGULAR MEETING AUGUST 27, 2007 Mr. Don Kratz, 10968 Trayburn, Fishers, Indiana, made the presentation for this bill. Mr. Kratz advised that Imagineering Enterprises, Inc., intends to acquire a vacant 59,000 square foot building at 3722 Foundation Court, South Bend, Indiana. The acquired building will be the processing facility and office of their operation in South Bend. The estimated total cost of the project is $5.1 million with new equipment being installed at a cost of $3.5 million. The processing facility will provide electro less nickel plating, phosphate coatings, passivation processes, non destruction testing and quality assurance testing for client's components as the final step in the manufacturing process. The new equipment for the manufacturing process will include lab equipment, wet processing and phosphate passivation equipment; paint line, NDT equipment, and waste treatment equipment. Mr. Kratz stated that it is estimated that the total project will create six (6) new, permanent, full-time jobs over the next year with an estimated new annual payroll of $190,000. The project will also maintain sixty-nine (69) existing, permanent, full-time jobs and two (2) existing, permanent, part-time jobs representing an annual payroll of $2,687,738. 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 Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 07-109 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 2500 GREEN TECH DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR MOTHER EARTH, LLC, GREEN TECH TRANSFER & RECYCLING LLC BILL NO. 07-110 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 2500 GREEN TECH DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GREEN TECH TRANSFER & RECYCLING LLC Councilmember Varner made a motion to combine these bills for purposes of Public Hearing. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3780-07 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 2500 GREEN TECH DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR MOTHER EARTH, LLC, GREEN TECH TRANSFER & RECYCLING LLC 18 REGULAR MEETING AUGUST 27, 2007 WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known 2500 Green Tech Drive, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 23, Township 37 North, Range 2 East, Portage Township, City of South Bend, St Joseph County, Indiana, which is described as Beginning at a point on the East line of said quarter section which is N. 00 degrees-32"-42"E., 633.94 feet from the Southeast corner of said Northeast Quarter, thence North 89 degrees-32'- 08"W. adistance of 513.91 feet; thence N. 00 degrees-37'-40" E. a distance of 92.64 feet; thence N. 89 degrees-32'-08 W. a distance of 280.00 feet; thence N. 00 degrees- 37'-40" E. a distance of 467.98 feet; thence S. 89 degrees-26'-14" E. a distance of 197.94 feet, thence N. O1 degrees-49'-53" E. a distance of 32.63 feet; thence S. 89 degrees-15'-43" E. a distance of 46.11 feet; thence S. 89 degrees- 26'-14" E. a distance of 548.32 feet to the East line of said Northeast Quarter, thence S. 00 degrees-32'-42" W. along said East line a distance of 591.88 feet to the point of beginning containing 10.05 acres. and which has no Key Number presently at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., 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 an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et sec ., for tax abatement. SECTION IL The Common Council hereby determines and fmds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be 19 REGULAR MEETING AUGUST 27, 2007 reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and E 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1- 3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VL The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period often (10) years. SECTION VII. 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 VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council RESOLUTION NO. 3781-07 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 2500 GREEN TECH DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GREEN TECH TRANSFER & RECYCLING LLC 20 REGULAR MEETING AUGUST 27, 2007 WHEREAS, a petition for personal property tax abatement consideration has been 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 2500 Green Tech Drive, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 23, Township 37 North, Range 2 East, Portage Township, City of South Bend, St Joseph County, Indiana, which is described as Beginning at a point on the East line of said quarter section which is N. 00 degrees-32"-42"E., 633.94 feet from the Southeast corner of said Northeast Quarter, thence North 89 degrees-32'- 08"W. adistance of 513.91 feet; thence N. 00 degrees-37'-40" E. a distance of 92.64 feet; thence N. 89 degrees-32'-08 W. a distance of 280.00 feet; thence N. 00 degrees- 37'-40" E. a distance of 467.98 feet; thence S. 89 degrees-26'-14" E. a distance of 197.94 feet, thence N. O1 degrees-49'-53" E. a distance of 32.63 feet; thence S. 89 degrees-15'-43" E. a distance of 46.11 feet; thence S. 89 degrees- 26'-14" E. a distance of 548.32 feet to the East line of said Northeast Quarter, thence S. 00 degrees-32'-42" W. along said East line a distance of 591.88 feet to the point of beginning containing 10.05 acres. and which has no Tax Key Number presently, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., 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 an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1-12.1-4.5 et sec ., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; a. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. 21 REGULAR MEETING AUGUST 27, 2007 SECTION IL The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. 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 VL The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Mr. Mike Morris, Green Tech Transfer & Recycling, LLC, 1420 S. Walnut St. South Bend, Indiana, made the presentation for this bill. Mr. Morris advised that Green Tech Transfer & Recycling LLC/Mother Earth, LLC are proposing to develop a 10.05 acre Brownfield Development site as astate-of--the-art trash recycling/transfer facility. The site is currently owned by St. Joseph County because of back property tax collection issues with the site. It will be purchased by Mother Earth and leased to Green Tech. The project is on the former Studebaker Plant 8 site off of Ewing Avenue. The prior decaying building on the site if being 98% recycled upon deconstruction. Anew 52,800 square foot processing facility will be constructed. The estimated cost of the new building, driveways and storage infrastructure is $1,608,000. The amount of waste that will be converted annually in the facility is estimated at 8,400,000 pounds. Material brought to the transfer station will be unloaded onto the tipping floor, inspected and sorted. Recyclable material will be moved to automatic and manual sorting conveyor and baler systems to be processed and marketed. Non- recyclable material will be transported to approved landfills. Green Tech will own the equipment that will be used in the facility. Mr. Morris stated that it is estimated that the total project will create nine (9) new, permanent, full-time jobs and zero (0) part-time, permanent jobs within the first year representing a new annual payroll of $217,256. The project is developing a completely new facility and, therefore, does not have any existing employees. A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. 22 REGULAR MEETING AUGUST 27, 2007 Councilmember Dieter made a motion to adopt Bill No. 07-109. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Dieter made a motion to adopt Bill No. 07-110. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS, FIRST READING BILL NO. 53-07 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3030 NORTHSIDE BLVD., COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 54-07 FIRST READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2008 Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing on September 10, 2004 and Third Reading on September 24, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 55-07 FIRST READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing on September 10, 2004 and Third Reading on September 24, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 56-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008, INCLUDING ALL OUTSTANDING CLAIMS 23 REGULAR MEETING AUGUST 27, 2007 AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing on September 10, 2004 and Third Reading on September 24, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 57-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2008 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 October 8, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 58-07 FIRST READING ON A BILL FIXING THE MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 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 10, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 59-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $120,000.00 FROM LEAF COLLECTION AND REMOVAL FUND NO. 655 FOR THE DISPOSAL COSTS OF PLASTIC BAG SCREENING FROM YARD WASTE MATERIALS Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on September 10, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM BOARD OF ZONING APPEALS (BZA) BILL NO. 07-111 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 4102 W. WESTERN AVENUE, SOUTH BEND, IN 46619 24 REGULAR MEETING AUGUST 27, 2007 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 September 10, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS FROM AREA PLAN COMMISSION BILL NO. 38-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF NOTRE DAME AVENUE & SORIN STREET., SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 40-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3466 AND 17210 DOUGLAS ROAD AND SOUTH OF 17210 AND 17242 DOUGLAS ROAD AND APPROXIMATELY 1,000 FEET EAST OF S.R. 23, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 48-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE: AMENDING ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS, TO ADD RELIGIOUS USES AND PUBLIC LIBRARIES IN ALL DISTRICTS, TO ALLOW MINI (SELF STORAGE) WAREHOUSES WITHOUT OUTDOOR STORAGE AS A PERMITTED USE AND WITH OUTDOOR STORAGE AS A SPECIAL EXCEPTION USE IN THE GB GENERAL BUSINESS DISTRICT; AMENDING ARTICLE 4 INDUSTRIAL DISTRICTS TO ADD CERTAIN FOOD SALES AND SERVICE USES, MINI (SELF STORAGE) WAREHOUSES AND RELIGIOUS USES TO THE LI LIGHT INDUSTRIAL DISTRICT, TO ADD MINI (SELF STORAGE) WAREHOUSES AND RELIGIOUS USES TO THE GI GENERAL INDUSTRIAL DISTRICT; AMENDING ARTICLE 7 GENERAL REGULATIONS TO REVISE THE HEIGHT OF MONUMENT SIGNS, TO PROVIDE FOR A MAXIMUM HEIGHT TO PARKING AREA SCREENING, TO REVISE THE REQUIRED NUMBER OF PARKING SPACES FOR TWO- FAMILY AND MULTI-FAMILY RESIDENCES AND RESTAURANTS; AMENDING ARTICLE 11 DEFINITIONS TO ADD A DEFINITION FOR MINI (SELF STORAGE) WAREHOUSE, TO REVISE THE DEFINITION FOR WAREHOUSE, AND TO DELETE THE DEFINITION FOR STORAGE AND TRANSFER ESTABLISHMENT 25 REGULAR MEETING AUGUST 27, 2007 Councilmember Varner made a motion to refer Bill Nos. 38-07; 40-07 and 48-07 to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on September 10, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Pfeifer advised that she is working on a bill to have all vacant properties registered in the City of South Bend. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. GARY KING CONCERNING PARLIAMENTARY PROCEDURE OF THE SOUTH BEND COMMON COUNCIL Mr. Gary King, 730 N. Hill Street, South Bend, Indiana, stated that he had a question about parliamentary procedure. Last meeting during the Committee of the Whole, Mrs. Puzzello asked if members of the public would be permitted to speak so that input could be heard far improving Bill 44-07, it was decided that the Council did not do that. It seems to him that the Chair could have entertained a motion to suspend the rules for the purpose of hearing members of the Public speak about the bill. Then everybody that was here could have said something and the Council would have had the benefit of that input. He stated that he was prepared to do that. He stated that he has about twelve (12) hours in research and has developed a fifteen (15) minute presentation to deliver to the Council whenever the Council is ready to hear it. He stated that his concern is that the bill could be continued again, because the Council does not want this to interrupt the Notre Dame Football Season. He stated that he plans on pointed out many errors when it is his time to talk and hopes that the correct version that the Council is working on now doesn't have as many errors in it. Council President Rouse called for a point of order. He stated that Mr. King is now discussing Bill 44-07 and that bill was listed on the agenda. Council Attorney Kathleen Cekanski-Farrand stated that Mr. King has now strayed over that line and is now discussing a matter that is on the agenda. Mr. King stated that he only wanted to point out that when it is time far that kind of presentation to be heard that it will be heard and tailor it for that bill. Ms. Cekanski-Farrand stated that Mr. King called twice to the City Clerk's Office and spoke with her. She stated that she would be discussing this matter with Council President Rouse and that conversation was just this morning. Again, for the record, so that the entire Council knows what the issue is, Mr. King asked for an explanation with regard to a formal presentation. This Council and past Council's have been very consistent with regard to either an attorney of record or a neighborhood group or someone that represents a mass of people that they are making a formal remonstrance. The reason far that has been that the formal remonstrance would not be subject to a time limitation. Mr. King then stated that he would be representing certain Republican candidates in the fall election as his remonstrance group. At that point, again, that was new information to her and she stated that she appreciated the clarification and that she would work with the Council President because in her opinion would have to go to the Council Rules Committee for a final disposition before September 17, 2007. Mr. King thanked the Council for this infarmation. He noted that it is not only the Republican candidates; there are a number of other people involved. Ms. Cekanski-Farrand stated that she is quoting what Mr. King said in the telephone conversation. 26 REGULAR MEETING AUGUST 27, 2007 COMMENTS FROM MR. STEPHEN RANGE CONCERNING HIS APPOINTMENT TO THE ANIMAL CONTROL COMMISSION Mr. Stephen Range, 1206 Johnson, South Bend, Indiana, advised that one of the flyers that he got from the City Clerk's office is volunteers needed, get involved, stay involved, 2007. He stated that he has tried to contact people on numerous times and try to get involved and will stay involved. He stated that he believes one of his skills dealing with animals would benefit the City of South Bend, especially with dogs. Mr. Range stated that he has done tons of research on dogs, the ordinance and everything. He did submit an application on June 20, 2007 to be a part of the Animal Control Commission and he stated that he did not know if they still had it on file. He stated that he has gone over some of the records and on August 24, 1987, the Council first passed the Ordinance dealing with the American Pit Bull Terrier, there was a Dr. Carol Ecker, who stated that she was a Veterinary and a dog breeder, and has a strong interest in the Human Society and the Animal Control and preferred that the Pit Bull not be singled out, however, irresponsible owners and breeders have caused the problem. She indicated that innocent owners and good Pit Bulls are going to having to suffer the inconveniences due to this ordinance. This is the ordinance about the American Pit Bull Terrier. He noted that he has mentioned on several occasion that this bill need to be amended especially the part on the American Pit Bull Terrier, because this ordinance was passed twenty (20) years ago and he knows what Dr. Ecker stated is true, because he is innocent, he doesn't have a criminal background, his dogs have never violated or been a public nuisance. Mr. Range stated that he has suffered tremendously because of this ordinance. Basically what he has been doing is going over the Ordinance, and he stated that you all have it stated here working together to be a world class 21 gc Century, this ordinance is twenty (20) years old and he believes that the entire chapter needs to be updated and revised. He stated that he started doing it on his own. But a lot of research and studying, unfortunately he could not make a packet for everybody, cause he doesn't have the funds to it so he created five (5) to hand out some of the changes that he has made and would like for the Common Council to start looking at it. Mr. Range stated that his ordinance is a very good ordinance; it is a 21 gc century ordinance. It is where all people and animals will be treated equally and fairly. It is not just about me wanting his dogs treated fairly, other people are suffering because of this ordinance. He would like to the Council to look at this Ordinance that he has prepared and think about it and look at the changes that he has made. Councilmember Varner asked if this Ordinance and the proposed changes are something that he put together or is this Ordinance a draft from an organization that Mr. Range is representing. Mr. Range stated that this Ordinance is not just about the Pit Bull Terrier, it is about the whole Ordinance. The Ordinance is so outdated and some of the terms that are in there that apply to other Ordinances in the Municipal Code have changed their rules, like zoning, and other things like that. He stated that this is just not about him; it is about other people in the community, people that he has talked to, even people from Animal Control. He has contacted people in the neighborhood and even people throughout the Nation and solicited their opinions of their Ordinances and what is happening in their area. This is not just his opinion what he has submitted, it is factual. Councilmember Varner asked if this bill is considered a Model Ordinance. Councilmember Pfeifer stated that the Council hears every now and then that a person had been attacked by a Pit Bull and she guesses given a period of time that cruel and inappropriate breeders and cruel and inappropriate and neglectful owners have created this generation of Pit Bull. Part of the problem is what are they going to do about these generations of Pit Bulls? They have been so mistreated and that has to be part of the bill. She asked Mr. Range to think about the point she has raised. She stated that she did not want him to answer tonight, but to think about it. She stated that she believes that a monster can be created out of any human being or any animal if enough energy is put into it. There is a point however, when the monster has been created and the monster has off- spring, so part of what has to be done is to think about what is going to be done with these generations of Pit Bull Terriers and other animals that are in existence and who 27 REGULAR MEETING AUGUST 27, 2007 continue to go crazy and hurt people. That is what the Council needs to consider and has a responsibility to address. Councilmember Kuspa asked Mr. Range what he thought of the image that NFL Pro- FootballPlayer Michael Vick portrays. Councilmember Kuspa stated that this kind of behavior is why South Bend has a vicious animal ordinance. Mr. Range stated that he believes Michael Vick should be punished for what he did and that someone like him with his notoriety and money should not have done something like this. ADJOURNMENT There being no further business to come before the Council, President Rouse adjourned the meeting at 9:00 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 28