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HomeMy WebLinkAbout09-11-17 Council Minutes REPORT OF SUB-COMMITTEE ON MINUTES TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: THE SUB-COMMITTEE HAS INSPECTED THE MINUTES OF THE September 11, 2017 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: TIM SCOTT D VARNER APPROVED BY THE COMMON COUNCIL ON: September 25, 2017 ATTEST: K� REEMAH F W ER, CITY CLERK REGULAR MEETING September 11 2017 REG P , 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 1 11h 2017 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation was given by Pastor Thomas M. Thews of St. Paul's Memorial United Methodist Church and Pledge to the Flag was given. ROLL CALL COUNCIL MEMBERS: Tim Scott 1St District, President Regina Williams-Preston 2"d District Jo M. Broden 4th District Oliver J. Davis 6th District, Vice President John Voorde At-Large Gavin Ferlic At-Large, Chairperson Committee of the Whole Karen L. White At-Large ABSENT: Randy Kelly 3rd District Dr. David Varner 5th District OTHERS PRESENT: Kareemah Fowler City Clerk Jennifer Coffman Chief Deputy Clerk Alkeyna Aldridge Deputy Clerk Graham Sparks Clerk Executive Assistant Bob Palmer Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES Due to the absence of Councilmember Dr. David Varner,there was no quorum in the Sub- Committee on Minutes. The minutes of the August 28th, 2017 meetings of the Common Council, therefore,would not be accepted until the Common Council meeting on September 25th, 2017. SPECIAL BUSINESS There was no special business. REPORTS OF CITY OFFICES Representing the City Administration: Mayor Pete Buttigieg Pete Buttigieg, Mayor of the City of South Bend, with offices on the 14th Floor of the County- City Building, South Bend, IN, addressed the Council and public. Mayor Buttigieg stated, I appreciate the invitation to join and give a little bit of an update on what we know when it comes to the restoration of quiet zones, when it comes to railroad crossings in parts of South Bend. As I found out when I woke up this morning, the quiet zones have not yet been reestablished, and this is a major quality of life issue for those who live close to those crossings where the trains are sounding their horns. The state of play right now is that we are effectively waiting by the phone, hoping to hear from the Federal Rail Administration that they have made the approval official. 1 REGULAR MEETING September 11, 2017 We've been given every unofficial indication that we can expect an approval of the measures that have been installed, but, as with any federal process, we need it in writing in order for it to take effect. Once it is issued in writing, then it goes to the train companies, who we hope will act very expeditiously to silence the horns at those crossings based on the clearance they've gotten from the Federal Rail Administration. I want to share just a little bit about what we know— which is still incomplete—about how we got to this point. Mayor Buttigieg continued, What we know is that in 2005 there was a window opened for three (3) years for the City to install supplemental safety measures. We also know that in 2007 the City received a letter from the Federal Rail Administration, effectively indicating that the City had the quiet zones established. What's a little less clear is what the basis for that letter was. There are, as we understand it, a couple of different ways you can meet the threshold for the quiet zones. It's possible that an overall scoring of the City found it to be in compliance, even though it didn't have all the supplemental safety measures installed. It's also possible that the Federal Rail Administration authorities, when they wrote that letter, mistakenly believed that things were installed that, in fact, were not. We then know that there was a letter in 2016—it was addressed to Jeff Jankowski in the Legal Department. Mr. Jankoswki, of course, passed away in 2011, and it's difficult to reconstruct some of the correspondence that may have happened between then and now without being able to refer to him. But I know that there is a lot of public interest in this issue and a sense of urgency, and so we have tried everything that we can to make sure that sense of urgency is felt by the FRA. I spoke to them again this morning and, needless to say, the moment that we receive any official communication that we got that authorization from the FRA, we will make that public immediately. Mayor Buttigieg continued, I know that there's also been some interest, more broadly, in quiet zones because this concerns one (1) particular area, but we've been asked about what it would take to extend quiet zones to other areas. So, in the budget that we're requesting the Council to pass in the month of October, for the year 2018, we're going to request$120,000 for immediate channelization—reviewing what it would take to establish quiet zones—and continue to research what it would take to extend the area where those quiet zones can be put in place to more parts of the City. I'm happy to do my best to answer any questions, and I've also asked Jitin from the Department of Public Works to join in case any Councilmembers have any questions that prove a little more technical than I am prepared to respond to. Is there anything we can do to help give a sense—because I know Councilmembers are hearing about this quite a bit? Councilmember Jo M. Broden asked, The supplemental measures that have been put in place, but we feel will put us in compliance: total timeframe that it took to institute those, and the cost, if somebody could give us a feel for that? Jitin Kain, Deputy Director of the Department of Public Works, with offices on the 13th Floor of the County-City Building, South Bend, IN, responded, Councilmember Jo Broden, the channelization devices were installed in June, and since then we have been working with the FRA on getting the quiet zone reestablished. The cost is something I can get back to you on. I don't have the exact number with me right now, but I will make a note and I will get back to you on the cost. Councilmember Broden asked, And if I might just do one (1) other follow-up: turnover by death, re-hiring, whatever—and I'm only asking this because we've been seeing this in a number of different areas—but those active projects that staff is working on, is there a... These are things that we don't miss when those transfers occur within staffing or administration—how are we going to shore that kind of process up, I guess? This is certainly consequential. Mayor Buttigieg responded, One (1) thing that's important to us is to make sure anytime there's any—whether it's a lateral move or promotion, or somebody departing the Administration,that we make sure that there's a transition interview and an opportunity to get any kind of details. One (1) thing we will be reviewing is what else we can do to document and put it in writing. I do want to just clarify: I don't know, factually, of any indication that the turnover contributed in any way to trains being sounded right now. What it does mean, obviously, is that we are having a harder time reconstructing some of what's happened over the years because we can't speak to one (1) of the people who was involved. 2 REGULAR MEETING September 11, 2017 Councilmember Oliver Davis asked, In terms of more of those quiet zones being on the west side of town—that has been a concern that people have addressed with me in a variety of messages— is that the money that you're talking about, looking to establish more from our city limits here on Mayflower all the way into those areas? There are two (2) different tracks over there on that side, because there are a variety of tracks we have—of course, you can't get across without passing the train over there. So, what's your thoughts regarding that, because I believe most of that is more on the east side instead of the west side. Could you share? Mayor Buttigieg responded, That's right. The zones that we're hearing about right now are mainly on the east side, so we're hearing from community members—who are hearing from you and other Councilmembers—the interest in making sure that there are other areas close to the tracks, including on the west side,that can get the same measures that will lead to the quiet zones. So, that's what we hope to be able to develop using the line item that we're requesting in the budget for 2018. Councilmember Davis asked, So, in the original request, was there ever any attempt to get your knowledge to look at the west side quiet zones at all? Were they just not there at the beginning? What was the establishment and why was it only on the east side? Do you have any idea? Mayor Buttigieg responded,Not having been present for the 2005 conversation, it's difficult for me to understand which areas were prioritized and why. What I will say is that this is an issue that we're talking about now, but I know that Council President Scott and you and others have brought it up over the years, and so we know that there's interest in extending it and making it available in both parts of the City. Councilmember Davis responded, Okay, I appreciate your concern. Thank you. Councilmember Scott stated, Reading this, I dropped the ball on this in 2013. You and I talked about it, but I've seen all the documents and, yes, it seems, looking at Mishawaka, they repeatedly filed their reapplications for the process. I think we did miss it all on everything on the west side, but it went back even prior to 2005, I believe. We need to look at that. Talking to Eric Horvath, as well, on the subject matter on the west side: it is a concern. We have Norfolk Southern, we have Grand Trunk, and there are sixteen(16)trains a day on Grand Trunk; there's ninety (90) on Norfolk Southern. I think I would like to see—and I'm willing to talk to you guys another time—about upping that budget allocation, because I don't believe...I know it will likely be in the budget, but that $120,000 isn't really going to cover that. Quality of life is a big issue. I would like to see something of a little more concerted effort in 2018 toward improvements on, at least,Norfolk Southern lines, and some of those connections. But I appreciate the update. It has been kind of confusing to citizens out there, and we are getting a lot of calls on it. Councilmember Broden asked, May I ask: when we are approved, what will that timeframe be for it? Will it be three (3) years and then we can expect to reapply? Or is ten(10)? Five (5)? Mayor Buttigieg responded, I don't know the answer to that. We will find out. Councilmember Scott asked Later this week Mayor? The follow-up on an questions left to > Y p any Mayor Buttigieg responded, Yes, we'll try to get that, yes, by the end of the week. And, obviously, the moment we have any actual news from the FRA, we will be communicating that fully. The Council thanked Mayor Buttigieg for his report. Mayor Buttigieg stated, Sorry. While I'm up here, I feel like it would probably be a mistake if I didn't say something about the other train-related issue that's commanding a lot of attention. I want to acknowledge that I know that the Council is going to take this up this evening, in a resolution on that topic, and express the Administration's commitment to working with the Council and working with neighbors in the Ardmore area. We take their concerns seriously, whether they live, strictly speaking, within the City limits or not, and we want to make sure that anyone who's affected by any move that's made, it is heard and is treated fairly. 3 REGULAR MEETING September 11, 2017 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:14 p.m. Councilmember Jo M. Broden made a motion to resolve into the Committee of the Whole. Councilmember Karen White seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Gavin Ferlic, Chairperson,presiding. Councilmember Gavin Ferlic explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. PUBLIC HEARINGS BILL NO. 48-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING A SECTION OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS Councilmember Tim Scott made a motion to continue Bill No. 48-17. Councilmember John Voorde seconded the motion which carried by a voice vote of seven(7) ayes. 53-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 16, ARTICLE 2, SECTIONS 16-6 THROUGH 16-9, AND 16-12; ARTICLE 3, AT SECTION 16-24; ARTICLE 6, AT SECTION 16- 48(m); ARTICLE 8, AT SECTIONS 16-55-56 AND 16-59 (b), TO ADDRESS PROCEDURES AND SPECIAL FEES RELATED TO TRASH, REFUSE, AND OTHER SOLID WASTE COLLECTION AND DISPOSAL Councilmember Karen White made a motion to accept Substitute Bill No. 53-17. Councilmember John Voorde seconded the motion which carried by a voice vote of seven(7) ayes. Councilmember John Voorde, Chair of the Public Works and Property Vacation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Jitin Kain, Deputy Director of the Department of Public Works, with offices on the 13th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Mr. Kain stated that the Department of Public Works is recommending changes to the ordinance. Currently, participants of the City's yard waste program get a weekly and one (1) free yard waste special pickup. The current fee for any additional pickup is twenty dollars ($20)per cubic yard. The Department of Public Works is proposing a reduction of the fee to ten dollars ($10). The second change would be to waive the fee for the first instance of container replacement if the resident can provide a police report of the container's theft. That stated, Mr. Kain clarified that multiple containers reported stolen would prompt a fee. Mr. Kain stated that a few fees would be added. The Department of Public Works is proposing a ten dollar($10) fee for when a resident forgets to put their trash container out during their pickup day and wishes to have the City service come and pick it up that same day, instead of waiting for the next pickup cycle. The other fee to be added is a contamination fee. Mr. Kain stated, This applies to when contaminants are added to 4 REGULAR MEETING September 11, 2017 yard waste and refuse collection. Mr. Kain explained that if drivers notice contaminants in yard waste or refuse containers, they can issue a warning to the resident and provide guidelines on what is or is not acceptable. Repeat violations would result in a ten dollar($10) contamination fee. Mr. Kain stated that the other change to the ordinance is to make it read more clearly. He stated, The rate structure is in one (1)table as opposed to being dispersed throughout the ordinance within paragraphs, so all this information is in one (1)table. Mr. Kain added that the general language of the ordinance has been cleaned up. Councilmember Regina Williams-Preston asked, I notice it says that no owner, age sixty-five (65) or older, of multiple properties may claim more than one (1) senior discount—that's as it is now? That's not a change? Mr. Kain responded, That is not a change, but we do sometimes find the abuse of that program. So,the owner, who is allowed to get a senior discount, owns multiple properties, will sometimes seek a senior discount for multiple properties if the residents of those properties are not seniors. So, it's to prevent the abuse of that senior discount. Councilmember Williams-Preston asked, Are you assuming that these are rental properties? Mr. Kain responded, It could be rental or it could be owner-occupied, but every resident of the property has to apply for a senior discount. Councilmember Jo M. Broden asked, Your process for notifying folks about the contamination issues—is that a service, or is it a letter that's coming from the City? Mr. Kain responded, For now, it will be a letter from the City. Our software will be able to tag a contamination address and then that will trigger a response from our solid waste team that will draft the letter and send it to the address., along with the guidelines. Councilmember Broden asked, If you can share some of the information you shared with regard to the return trips,the stolen barrels, that you so kindly shared in Committee? Mr. Kain responded, On an average, we see about five (5) or so return trips a day—this is for yard waste or for refuse collection. We also see about anywhere from sixty-five (65) to one- hundred(100) containers that need to be replaced a month, and that's a large number that we're trying to bring down. Councilmember Oliver Davis stated, You also asked, this afternoon,that in the event that the City worker happens to make the mistake, you are able to track that? And then,the homeowner or the person staying at the property will not be charged for a return trip. That continues to be the same? Mr. Kain responded, Correct. So, our software, like I said earlier, can track accurately—and if there's a mistake where our driver has accidentally not picked up,then yes the resident will not be charged. Councilmember Davis asked, Do we see any more situations,depending on the weather—if it's raining more, snowing, ice—are you having more return trips during that kind of a situation? Are you sensitive to the needs of[unintelligible]. How does that affect this whole situation? Mr. Kain responded, We are certainly sensitive to the needs of all residents. Our crews, certainly in heavier snow and severe weather—our primary concern is to clear the roads first, so our pickups are usually on delayed schedule. When that happens, we try to get all of the information out to the media so that residents are aware. Same for holidays where we have delayed pickup. But,we do have times—and every resident should be aware of when their pickup is to occur, within what timeframe. So, we ask that during that timeframe they bring their containers out. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or in opposition to this bill. 5 REGULAR MEETING September 11, 2017 Councilmember Karen White made a motion to send Substitute Bill No. 58-17 to the full Council with a favorable recommendation. Councilmember John Voorde seconded the motion which carried by a voice vote of seven(7) ayes. RISE AND REPORT Councilmember Regina Williams-Preston made a motion to rise and report to full Council. Councilmember Karen White seconded the motion which carried by a voice vote of seven(7) ayes. 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 7:25 p.m. Council President Tim Scott presided with seven(7) members present BILLS—THIRD READING BILL NO. 48-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING A SECTION OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS Councilmember Regina Williams-Preston made a motion to continue Bill No. 48-17 to September 25th, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of seven(7) ayes. 53-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 16, ARTICLE 2, SECTIONS 16-6 THROUGH 16-9, AND 16-12; ARTICLE 3, AT SECTION 16-24; ARTICLE 6, AT SECTION 16- 48(m); ARTICLE 8, AT SECTIONS 16-55-56 AND 16-59 (b), TO ADDRESS PROCEDURES AND SPECIAL FEES RELATED TO TRASH, REFUSE, AND OTHER SOLID WASTE COLLECTION AND DISPOSAL Councilmember Gavin Ferlic made a motion to pass Substitute Bill No. 58-17. Councilmember Karen White seconded the motion which carried by a roll call vote of seven(7) ayes. RESOLUTIONS BILL NO. 17-48 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 1206 DUNHAM ST. 6 REGULAR MEETING September 11, 2017 Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward without a recommendation. Ayoka Paek, Zoning and Business Services Administrator, the Building Department, with offices at 125 Lafayette Boulevard, Suite 100, served as the presenter of this bill. Ms. Paek stated, This special exception petition for a single and two (2)-family dwelling in a SF2, Single-Family and Two (2)-Family District, comes to you with a favorable recommendation from the Area Board of Zoning Appeals. The ABZA also approved a variance from the required four(4) parking spaces to two (2) for this location. The property had previously been used as a two (2) family dwelling, but did not meet the requirements for legal nonconforming use, having been abandoned for more than twelve (12) months since 2004.No one (1) spoke in remonstrance of the application at the ABZA meeting. Councilmember Jo M. Broden asked, How do you determine abandonment? Is there a criteria? Ms. Paek responded, When somebody comes to the office asking to get permitting or any information about the property, if we have reason that it may not be conforming currently—so, right now a duplex I considered a special exception SF2—we ask if they can apply for a Certificate of Legal Nonconformance to verify that the property has not ceased use for the last— since the previous ordinance, which was about 2004/2005—twelve (12) months or more. That's a requirement of that section of the zoning ordinance. That's usually the main thing. Otherwise, they can prove it however they like. There are various forms of approval to get that certificate. This particular applicant didn't even bother with the application for the certificate, and just went straight to the special exception. Also,there was a question earlier at Committee about whether or not the adjacent property was zoned by the owner: that's not the case. Raul Alvarez, 1245 Echo Drive, South Bend, IN, served as the petitioner of this bill. Mr. Alvarez stated that he purchased the home to give his brother and sister a place to stay so as to shorten the distance of their commute to work, as they work in South Bend but live in La Porte. Councilmember Tim Scott asked, I was concerned about the changing of the parking from four (4)to two (2), but obviously it's specific for their needs, right? Mr. Alvarez responded, Yes, sir. Councilmember John Voorde asked, Do you happen own the vacant lot next door? Mr. Alvarez responded,No, sir. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or in opposition to this bill. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-48. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of seven(7) ayes. 17-49 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 4321 S. MICHIGAN STREET Councilmember Gavin Ferlic made a motion to continue Bill No. 17-49 to October 27`h 2017. Councilmember Jo M. Broden seconded the motion which carried by a voice vote of seven(7) ayes. 17-50 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA 7 REGULAR MEETING September 11, 2017 BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 315 NORTH MAIN STREET Councilmember Gavin Ferlic made a motion to continue Bill No. 17-50 to October 27th, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of seven (7) ayes. 17-51 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 602 COLFAX Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward without a recommendation. Ayoka Paek, Zoning and Business Services Administrator, the Building Department, with offices at 125 Lafayette Boulevard, Suite 100, served as the presenter of this bill. Ms. Paek stated, This special exception petitioning for a single-family dwelling in a Mixed-Use District comes to you with a favorable recommendation from the Area Board of Zoning Appeals. The ABZA also approved a variance when they required one (1) parking space to none (0) at this location. The property had been previously used as a single-family dwelling but did not meet the requirements for legal nonconformance, having been abandoned for more than twelve (12) months in the last thirteen(13) years. No one (1) spoke in remonstrance of the application at the ABZA meeting. Councilmember Tim Scott asked, Is this part of the Chapin Park Historic District? Ms. Paek responded, I do not know the answer to that question, but I can do a quick search, unless somebody else knows the answer. Councilmember Oliver Davis stated, To my knowledge, no. Councilmember John Voorde stated,No, it is not. Debra McAtee-Jurkowski,New Beginning Properties, 2387 North 350 East, Rolling Prairie, IN, served as the petitioner of this bill. Ms. McAtee-Jurkowski stated that they purchased the property in March, 2017 with the intent of improving the property and flipping it. She stated that they did not know that the property was mixed use until they had attempted to acquire permits to demolish and fix up the property—they were denied the permit to fix up the property by virtue of the property being mixed-use. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or in opposition to this bill. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-51. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of seven (7) ayes. 17-56 A RESOLUTION BY THE SOUTH BEND COMMON COUNCIL ADDRESSING THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION UTILIZING THE RIVER WEST TIF DISTRICT OF SOUTH BEND FOR THE $25 MILLION DOLLARS TO HELP FINANCE THE DOUBLE TRACKING OF THE SOUTH-SHORE LINE WITH RESPECT TO THE PEOPLE WHO LIVE IN THE ARDMORE NEIGHBORHOOD 8 REGULAR MEETING September 11, 2017 Councilmember Gavin Ferlic made a motion to accept Substitute Bill No. 17-56. Councilmember John Voorde seconded the motion which carried by a voice vote of seven(7) ayes. Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they met this afternoon and send this bill forward without a recommendation. Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN; Councilmember Karen White, 1912 Malvern Way, South Bend, IN; and Councilmember Regina Williams-Preston, 838 North Elmer Street, South Bend, IN all served as presenters of this bill. Councilmember Davis pointed out Councilmember John Voorde as another sponsor of this bill, then stated, Over the last few weeks, I've had the privilege of meeting with several people. Mr. Richard Collins has led a nice community organization that has kept us involved, for us to be more pro-active. Several people were kind of caught off-guard, and we believe that people need to be understood and also for us to be up-front and to be educated about what is going on with this whole process. So, from talking with Mr. Collins, I then further talked to Dr. Dave Varner— sorry he could not be here tonight—but I met with him to talk about ways in which we can reach out to the Redevelopment Commission, since this decision regarding the monies is coming from the Redevelopment Commission. I talked about it to Dave Varner and said we will form a resolution in support of giving them some guidance and recommendations of how we as a Council would like to proceed. I would like to also thank all four(4) sponsors who led out in helping this, and all of you all tonight at our committee meeting. We have made some changes that you all had input on. I also thank Mr. Bob Palmer for his help regarding that. Councilmembers White, Williams-Preston, and Davis, one (1) after the next, read the text of the resolution to the Council and public. Councilmember Davis stated that at the committee meeting he witnessed a synergy in the room "for us to really come together to make this a win-win for everyone—pro-transit, pro- neighborhood. And it can be done. And, listening to the neighbors, I really believe that we can look at different options and make sure that we can do what's outlined here in this resolution." Councilmember Tim Scott noted that the copy of the resolution displayed on the projector screen for the Council and public was not the most current version of the text. Councilmember Davis, discussing documents he had passed out to those present at the Common Council meeting, stated, This is a summary of what I tried to write down from what I gathered from the meetings. These are all the news links—that we have been able to see—of those who have covered the story. We tried to put in as many of the news links so that you can go back to all the news links. Pros and cons, everybody's comments could be included in the links, so we wanted to make sure that everybody was heard. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor of this bill: Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, The only problem I have with this is trying to find the original copy of where the tracks are going to go. I want to make sure the people that's going to be affected by this, that they'll be compensated fairly. I want to see the plan. I want to see exactly where it comes. I want to know the people who are going to be hurt by this. David Godollei, 55109 Moss Road, South Bend, IN, stated that the current plan will be much too costly,proposing instead that the South Shore Station be returned to its original location on Washington Street, which will save the City a great deal of money. Rich Collins, 55478 Moss Road, South Bend, IN, stated that South Bend and St. Joseph County will gain nothing from the proposed plan except a loss of sixty(60) families,the destruction of Ardmore, and an enormous tax money loss to its residents. Mr. Collins stated that he had listed on a document programs that would be in the interest of the City to create. He stated, We have a terrible problem with the homeless. People have water bills that are driving them to the poor 9 REGULAR MEETING September 11, 2017 house. There's a lot of things we can do, people—a lot of things we can do with that $26,000,000. Kari Kazmierzak, 23364 Lawrence Street, South Bend, IN, stated that she found irony in the fact that Mayor Buttigieg addressed the train noise issue on the east side of South Bend, while the current South Shore plan will put a train through Ardmore. Ms. Kazmierzak stated, And now we're going to get to hear the horns. She also pointed out that as she does not live within City limits, she does not elect the members of the Council and therefore has no say in what will happen to her neighborhood. These statements notwithstanding, Ms. Kazmierzak stated that she supports the resolution. She stated, I support this because I think that, yes, alternative solutions can be found. She stated that an alternate solution to relocating the station to Washington Street is to relocate to Sheridan Street. Jenny Garner-Thompson, 55212 Sundown Road, South Bend, IN, stated that people in her neighborhood would be boxed in by the proposed tracks, and that that would affect response times for emergency services. Ms. Garner-Thompson proposed relocating the South Shore Station to Ardmore Trail. She stated, Please look at the impact to the whole community. Saving ten(10) minutes for a fraction of our populace compared to the ten (10) minutes that we might actually use in saving a life? $25,000,000—it doesn't equate. Michael Harradan, 23289 Grove Street, South Bend, IN, stated, I would like to make a note: when this resolution was drafted up, we had three-hundred(300) signatures; currently, we have over five-hundred (500) signatures on the online petition and we have over six-hundred (600) signatures on the paper version. Mr. Harradan stated that most of those who would be affected by the current South Shore plans would be the elderly. He stated that they do not have the income to fight to keep their homes, and that this plan may be an early death sentence for them. He also stated that this plan does not just take away people's homes, but it takes away the memories they built in that neighborhood. Tim Weaver, 55303 Butternut Road, South Bend, IN, asked, Why destroy people's lives just to save ten(10)minutes? Well, if you change this, you're going to destroy my life—my family's life, because we'll have nowhere to go. Dan Zanka, 55104 Melrose Avenue, South Bend, IN, stated that the City would only succeed in spending $26,000,000 in destroying a neighborhood only to have the South Shore shut down due to an influx of crime from Chicago to South Bend via the train. Matthew Pizana, 23270 Ardmore Trail, South Bend, IN, stated that he is in favor of finding a way out of taking away people's homes other than even his own. Mr. Pizana asked, If this were to come through Glen, or near my home, and it's to be acquired, how will I know I'm going to be compensated fairly like it says in that plan? Because, I owe $61,000 on my house and, all of a sudden, if there's a plan to have a train come through Ardmore,then all of a sudden my property value drops, and now it's not worth$61,000--$75,000, like I paid for it. If I get compensated for $50,000—which I heard it could be $50,000 more than what it's worth—well, it was worth nothing. Now, I'm only getting $50,000 and I'm still in the hole. Marty Wolfson, 809 Park Avenue, South Bend, IN, stated, I think it's important for the Council to make its views known to the Redevelopment Commission, which has a deciding voice in this matter. Mr. Wolfson stated that there have been no economic studies to document the economic benefits of reducing the commute time from South Bend to Chicago by nine (9) minutes. He concluded, I think we need to be conscious of the idea that we want development—we want development without displacement. Michael Kramer, 24296 Edison Road, South Bend, IN, stated that he thinks it would be a better idea to stick with the current tracks. Jesse Davis, P.O. Box 10205, South Bend, IN, stated, It's not about bringing business here to South Bend. So,that whole fairy tale can just be wiped away. It's not sending people and making the trip quicker so they can live in these expensive homes. You want to build the expensive homes? Bring some businesses here that will support those expensive homes. That's the way to fix the problem and our economy here. 10 i REGULAR MEETING September 11, 2017 Those wishing to speak in opposition to this bill: Will Smith, 728 White Hall Drive, South Bend, IN, stated, I speak opposed to it, particularly the language that's inside of it. I would like to see the Council send a message that we would like an economic impact analysis completed before the funds are committed. Everyone talks kind of about the bang for the buck, and, "This is great economics!" Yet, we haven't studied anything, yet. Do we really know what benefit that's going to bring? Kind of the basics of transportation economics in that analysis is finding out if the benefits are double-counted. Double track? That sounds like a double count to me. Councilmember Davis stated that he agrees with Mr. Smith that an economic impact study be completed before funds are committed to the project. Upon asking where in the resolution this request should be added, Mr. Smith proposed to Councilmember Davis that a fourth bullet point should be added to the text with that request. Several members of the Council agreed. Councilmember Scott asked James Mueller, Can you just quickly summarize where is NICTD, the County, the State, the Federal Government—where are we in the entire process, right now? Just to kind of clarify and set where the stake is in the ground, right now. James Mueller, Executive Director of the Department of Community Investment, with offices on the 14th Floor of the County-City Building, South Bend, IN, stated, As part of the resolution, you cited the Federal Uniform Relocation Act, and part of that will require them to go through the National Environmental Protection Act—called NEPA. By doing this, you evaluate a number of alternatives, look at all the impacts, throw out the ones with the biggest impact, and hone in on the alternative that has the least impacts. One (1) alternative that's required everything in the NEPA process is a no-action alternative—so, not doing it. And by doing so,that will be one (1) alternative that's evaluated—you know,the impacts relative to the other. It's called an Environmental Assessment, if it's a shorter process; it's called an Environmental Impact Statement—an EIS—if it's a longer statement and the impacts are greater. It's kind of a misnomer to call it"environmental"because they look at everything from noise, human impacts, to economic impacts. So,this will be done as part of the departments under the federal law. So, getting to Councilman Davis's question on language, if it's restricted to no funds spent on construction,there still needs to be funds for studies or other things. If you wanted to do no funds on construction of the line before an impact study, that ought to be sufficient because it's going to get done, anyway. Councilmember Davis stated, You understand what he's talking about? Are we clear with that? There are some things we have to have funding for in order to get some understanding. So,to not have any funding to get an understanding puts us in the dark. So, we have to have some funding released so we can get a better understanding is what I think that's what you're trying to tell me. Mr. Mueller responded, Yes. Councilmember Davis addressed Council Attorney Bob Palmer, asking him to read the amended language he drafted. Bob Palmer, Council Attorney, with offices on the 4th Floor of the County-City Building, South Bend, IN, stated, I would suggest a separate bullet point to the effect of: "No TIF funds for construction will be committed until such time that an economic impact analysis is performed and made available to the public." Councilmember Davis stated that the Council will present a cover letter to the Redevelopment Commission on Thursday September 28th, 2017. Councilmember Broden asked if there were any way for the Council to change the agenda to have the letter sent the Thursday of this week, instead. Mr. Mueller responded, We have an internal draft agenda for Thursday, but we have not made public notice for that, yet, so there is an opportunity to add a late addition, if the Council desires to have it this Thursday. 11 REGULAR MEETING September 11, 2017 Councilmember Williams-Preston stated, I will say one (1)thing,just for fun: I just want to appreciate the spirit of cooperation that just happened here, tonight. I think it's phenomenal. Thank you all. Councilmember Scott stated that those from the public who have shared their thoughts are well- organized, and encouraged them to share their thoughts at the County level and the NICTD level. Councilmember Gavin Ferlic made a motion to amend Substitute Bill No. 17-56. Councilmember John Voorde seconded the motion which carried by a voice vote of seven(7) ayes. Councilmember Gavin Ferlic made a motion to adopt the amended Substitute Bill No. 17-56. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of seven (7) ayes. BILLS FIRST READING BILL NO. 54-17 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3333 N. KENMORE ST, COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Jo M. Broden made a motion to change the number of this bill to 58-17. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember John Voorde made a motion to send Bill No. 58-17 to the Area Plan Commission on October 17th, 2017 and the Zoning and Annexation Committee for Second and Third Reading on October 23rd, 2017. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven(7) ayes. 55-17 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 212 EAST SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Jo M. Broden made a motion to send Bill No. 55-17 to the Area Plan Commission on October 17th, 2017 and the Zoning and Annexation Committee for Second and Third Reading on October 23rd, 2017. Councilmember John Voorde seconded the motion which carried by a voice vote of seven (7) ayes. 56-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A PART- TIME POLICE OFFICER PROGRAM FOR THE CITY OF SOUTH BEND AND THE POLICE DEPARTMENT Councilmember Karen White made a motion to send Bill No. 56-17 to the Health and Public Safety Committee for Second and Third reading on September 25th, 2017. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven(7) ayes. 57-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH 12 REGULAR MEETING September 11, 2017 BEND, INDIANA,APPROVING AN 1NTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND THROUGH THE SOUTH BEND HUMAN RIGHTS COMMISSION AND THE COUNTY OF ST. JOSEPH TO ENFORCE THE COUNTY'S HUMAN RIGHTS ORDINANCE Councilmember Karen White made a motion to send Bill No. 57-17 to the Community Relations Committee for Second and Third Reading on September 25h, 2017. Councilmember Regina Williams-Preston seconded the motion which carried by a voice vote of seven(7) ayes. UNFINISHED BUSINESS 2017 HPC V. BOYD (CONTINUED UNTIL OCT. 9TH SBCC MEETING) Councilmember Gavin Ferlic made a motion to continue HPC V. BOYD until October 91h, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of seven(7) ayes. NEW BUSINESS Councilmember Tim Scott stated, I'd like to thank Vice President Davis and the Clerk's Office and Bob Palmer for filling in last week while I was on vacation. Thank you for putting together the agenda; I appreciate that. Councilmember Jo M. Broden asked if a summary report for the Homelessness Task Force could either be put on the agenda or have a separate meeting devoted to it. She also requested a discussion updating the Council on the issue of lead in the South Bend community. Councilmember Karen White stated that on Monday, September 181h, 2017 there will be another budget meeting, to hear only from the public. PRIVILEGE OF THE FLOOR Samuel Brown, 222 East Navarre Street, South Bend, IN, stated the public needs to be given a timeframe for when the issue of 1408 Elwood Avenue, South Bend, IN will be resolved. Sue Kesim, 4022 Kennedy Drive, South Bend, IN, thanked the Council for seeing to it that her road was paved. Ms. Kesim went on to say that she was pleased to get to know the members of the Council and came to appreciate their varying talents and strengths. Kelly Beduhn, 19553 Darden Road, South Bend, IN, stated that she was present before the Council on behalf of Indivisible Indiana Districts 2 to ask the Council to join them in opposing Indiana Michigan Power's electricity rate hike by attending the IURC public hearing on October 2°a 2017 at 6 p.m. at the Century Center. Michael Kramer, 24296 Edison Road, South Bend, IN, stated that he was happy and pleasantly surprised to find that the discussions held over the course of the meeting were not overly one (1) sided. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 9:05 p.m. 13