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HomeMy WebLinkAbout01-09-17 Council MinutesREPORT OF SUB - COMMITTEE ON MINUTES TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: THE SUB - COMMITTEE HAS INSPECTED THE MINUTES OF THE January 9, 2017 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: TIM SCOT ID VARNER APPROVED BY THE COMMON COUNCIL ON: January 23, 2017 ATTEST: CITY CLERK REGULAR MEETING JANUARY 9. 2017 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, January 9, 2017 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation by John P. Warren, Chairman of the Pokagon Band of Potawatomi, First Nation, and Pledge to the Flag were given. ROLL CALL COUNCIL MEMBERS: Tim Scott 1" District, President Regina Williams- Preston 2nd District Randy Kelly 3rd District Jo M. Broden 4th District Dr. David Varner 5th District Oliver J. Davis 6th District, Vice President Gavin Ferlic At- Large, Chairperson Committee of the Whole Karen L. White At -Large ABSENT: John Voorde At -Large OTHERS PRESENT: Kareemah Fowler City Clerk Jennifer Coffman Chief Deputy Clerk Alkeyna Aldridge Deputy Clerk Aladean De Rose Interim Council Attorney Adriana Rodriguez Legal Research Assistant :T FROM THE SUB - COMMITTEE ON MINUTES Councilmember Gavin Ferlic made a motion that the minutes of the December 12th, 2016 meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS Councilmember Tim Scott announced that Bill No. 66 -16, regarding water rates, would be postponed to January 23rd, 2017. REPORTS OF CITY OFFICES Representing the City Administration: James Mueller, Chief of Staff Suzanna Fritzberg, Deputy Chief of Staff RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Gavin Ferlic, Chairperson, presiding. REGULAR MEETING JANUARY 9, 2017 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 66 -16 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17, ARTICLES 4 AND 6 TO ADDRESS NEW WATER RATES AND CHARGES Councilmember Oliver Davis made a motion to continue Bill No. 66 -16 to January 23rd, 2017 and Councilmember Tim Scott seconded the motion, which carried by a voice vote of eight (8) ayes. 71 -16 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT A 20 ACRE TRACT OF LAND WEST OF AND ADJACENT TO AMERITECH DRIVE, APPROXIMATELY 1200 FEET SOUTH OF BRICK ROAD, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Angela Smith, Area Plan Comission, with offices on the 11th Floor of the County -City Building, served as presenter of this bill. Ms. Smith stated that the petitioner was seeking to rezone a property on Ameritech Drive. The petitioner is looking to use the twenty (20) acre piece of property for truck repair and sales. Their current zoning —which is LI, Light Industrial —does not allow for such use, so they are looking to rezone to GB, General Business District. The site plan consists of a 72,000 square foot building, with one - hundred and eighteen (118) parking spaces associated with the building. The site will be serviced off Ameritech Drive. Ms. Smith stated that this comes from the Area Plan Commission with a favorable recommendation. Rezoning the property to GB, General Business, will allow for the establishment of a business that is compatible with the surrounding industrial uses. Bryan McMorrow, Abonmarche Consultants, 750 Lincoln Way E, South Bend, IN 46601, served on behalf of the petitioner, Alro Steel Corporation. Mr. McMorrow explained, I am the contract purchaser for these twenty (20) acres —Truck Centers, Inc. of Troy, IL. He stated that it was the intention of Truck Centers, Inc. to expand their presence and operations in South Bend with this facility and to grow it with an additional thirty (30) new jobs there. Councilmember Tim Scott asked how many jobs Truck Centers, Inc. would be adding to the facility, to which Mr. McMorrow reiterated that there would be thirty (3 0) jobs added. No one from the public wished to speak in favor of or opposition to the bill. Councilmember Oliver Davis made a motion that Bill No. 71 -16 be sent to the full Council with a favorable recommendation. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. 72 -16 PUBLIC HEARING ON AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 BY ADDING SHARED HOUSING TO PERMITTED 2 REGULAR MEETING JANUARY 9, 2017 PRIMARY USES IN CBD CENTRAL BUSINESS DISTRICT; AND ARTICLE 11 BY ADDING THE DEFINITION OF SHARED HOUSING Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Councilmember Karen White made a motion to accept Substitute Bill No. 72 -16. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight (8) ayes. Angela Smith, Area Plan Commission, with offices on the 11th Floor of the County -City Building, served as presenter of this bill. Ms. Smith stated that the attached amendment looks at a conversation that was recently brought up about group residence in the Central Business District. She stated, It has been identified that there's been a desire to have increased density downtown, so we continued to explore, at the Council's suggestion, ways that that could happen. One (1) of the options we found was to actually add a use called Shared Housing. The definition will allow for up to two (2) people per bedroom; no more than four (4) per dwelling unit. The attached amendment proposes to add it as a permitted use. On the west of the river, it would be permitted on the second floor of a kind of business. East of the river, it would be permitted outright, similarly to the Multi- Family in both of those areas, east and west of the river. Ms. Smith stated that this comes from the Area Plan Commission with a favorable recommendation. The proposed changes recognize a demand for housing alternatives with a more densely populated Central Business District. Councilmember Gavin Ferlic, 1109 Duey Avenue, South Bend, IN, served as petitioner of this bill. Councilmember Ferlic stated that this bill came out of a discussion at the City Council level, out of an appetite for the consideration of allowing more than two (2) unrelated persons in the Central Business District, with the hope of increasing density. Up to four (4) unrelated persons would be allowed, as long as there were two (2) bedrooms. Councilmember Ferlic explained that the cap was set at four (4) so that if there was a desire to house five (5) or (6) unrelated persons, a special exception could be applied for. Councilmember Jo M. Broden asked how this might affect other districts. Councilmember Ferlic explained that, as written in the bill, this addition of a permitted use was only meant to affect the Central Business District without expanding into any other district. Ms. Smith stated that at this point, the language of the ordinance is very specific about its intention to uniquely affect the Central Business District. Councilmember Broden asked what sort of input the petitioner had sought from neighborhood associations or anyone else. Councilmember Ferlic responded that there is no neighborhood association that represents the Central Business District, though he did receive positive feedback from, in particular, the NNRO. Councilmember Broden stated that there is some neighborhood overlap between Howard Park, East Bank, and the Central Business District, but that she appreciated the petitioner's efforts. Those of the public wishing to speak in favor of the bill: Jesse Davis, P.O. Box 10205, South Bend, IN, stated that he was in favor of the bill, though he felt that a specific area and group of people were being catered to with this bill. He found it to be borderline discriminatory, referencing the City's homelessness issue. He recommended special exceptions in other neighborhoods so that, for instance, a house could reasonably be occupied by seven (7) residents without the property having to be a licensed Group Home. No one from the public wished to speak in opposition of the bill. Councilmember Ferlic stated that he welcomed discussion with other neighborhood associations to see if this is something people want to see in other neighborhoods. He stated that he did not think that any neighborhood association had yet expressed a desire to see this rule expanded to REGULAR MEETING JANUARY 9, 2017 other districts. He added that the special exception process was available to anyone who wanted to have more than two (2) unrelated persons in a dwelling unit in any neighborhood. Councilmember Dr. David Varner made a motion that Substitute Bill No. 73 -16 be sent to the full Council with a favorable recommendation. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Karen White made a motion to rise and report to full Council. Councilmember Regina Williams- Preston seconded the motion which carried by a voice vote of eight (8) 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 7:18 p.m. Council President Tim Scott presided with eight (8) members present BILLS — THIRD READING 71 -16 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT A 20 ACRE TRACT OF LAND WEST OF AND ADJACENT TO AMERITECH DRIVE, APPROXIMATELY 1200 FEET SOUTH OF BRICK ROAD, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Karen White made a motion to pass Bill No. 71 -16 and Councilmember Oliver Davis seconded the motion, which carried by a roll call vote of eight (8) ayes. 72 -16 THIRD READING ON AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 BY ADDING SHARED HOUSING TO PERMITTED PRIMARY USES IN CBD CENTRAL BUSINESS DISTRICT; AND ARTICLE 11 BY ADDING THE DEFINITION OF SHARED HOUSING Councilmember Oliver Davis made a motion to accept Bill No. 72 -16 as amended and Councilmember Gavin Ferlic seconded the motion, which carried by a voice vote of eight (8) ayes. Councilmember Dr. David Varner made a motion to pass Bill No. 72 -16 as amended and Councilmember Oliver Davis seconded the motion, which carried by a roll call vote of eight (8) ayes. RESOLUTIONS 16 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, REGULAR MEETING JANUARY 9, 2017 COMMONLY KNOWN AS 23464 ADAMS ROAD, SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (9) NINE -YEAR REAL PROPERTY TAX ABATEMENT FOR GLC SBDC II, LLC Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Aaron Kobb, Director of Economic Resources, Department of Community Investment with offices on the 14th Floor of the County -City Building, served as presenter of this bill. Mr. Kobb stated that the petitioner has filed for a nine (9) year real property tax abatement for an investment of $7,700,000 for a new 210,000 square foot facility in the AmeriPlex industrial park. The abatement, over the course of its life, would generate tax collection revenues of just over $1,000,000. After the abatement, the project will continue to generate an estimated $209,000 annually. Rich Deahl, Barnes & Thornburg, 100 North Michigan Street, South Bend, IN, served as petitioner of this bill. Mr. Deahl explained that this project was a proposed investment of over $7,500,000 for the construction of a spec distribution facility along Dylan Drive. This is Phase Two (2) of a development that Great Lakes Capital worked on with the City to try to spur additional investment in construction of facilities that can be constructed and readied for utilization to attract prospective businesses to town. No one from the public wished to speak in favor of or opposition to the bill. Councilmember Oliver Davis made a motion to adopt Bill No. 16 -85 and Councilmember Dr. David Varner seconded the motion, which carried by a roll call vote of eight (8) ayes. 16 -89 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 LOTS 2 AND 3 COVELESKI PARK MINOR SUBDIVISION SOUTH BEND, INDIANA 46601 Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Ayoka Pack, Zoning and Business Services Administrator, Building Department, 125 South Lafayette Boulevard, South Bend, IN, served as presenter of this bill. Ms. Pack stated that this petition for special exception comes with a favorable recommendation from the Area Board of Zoning Appeals. It is to allow residential uses including but not limited to multi - family dwellings in the CBD, Central Business District, at the southwest corner of Western Avenue and Lafayette Boulevard. The application includes the approval of several variances, including parking space sizes, setbacks, as well as landscaping requirements. None have spoken in remonstrance against this application or the variances for the application. J.B. Curry, 333 North Pennsylvania Street, Indianapolis, IN, served as the petitioner of this bill. Mr. Curry stated that he represented TWG Development, LLC. He stated that TWG Development, LLC worked with Andrew Berlin and Joe Hart of the South Bend Cubs on this project. He explained that it was an approximately $22,000,000 to $23,000,000 project with one - hundred and twenty -one (12 1) units at one - hundred percent (100 %) market rate, 10,000 square feet of active commercial space, 10,000 square feet of rooftop commercial space, and approximately one - hundred and ninety -five (195) parking stalls with an upgraded plaza space entry to the ball park. 5 REGULAR MEETING JANUARY 9,201 Councilmember Oliver Davis asked if TWG Development had ever done something like this for other Minor League areas. Mr. Curry responded that TWG has not. He stated that he was aware of similar projects in Fort Wayne and Lansing, adding that TWG had learned a lot from observing what worked and did not work for those projects. Councilmember Oliver Davis asked Mr. Curry to share with the Council and public what picture he had in his head of the completed project. Mr. Curry responded, What you see right now is grass, parking lot, and a sidewalk leading to the ball park, and we will exchange that for a really grand promenade entrance into the stadium; people, activities; engaging commercial nodes on the corners; people living there; for night games, there's going to be special lighting; special attention to landscaping, as well. The idea, really, is to bring people to not only experience the game, but to have their own experience outside that, as well. Councilmember Dr. David Varner asked, Is the anticipation to build all four (4) buildings at the same time, or is this going to be phased? Mr. Curry responded that it was the same project at the same time, adding that two (2) buildings will possibly be finished before the other two (2) are finished. Councilmember Varner asked if the second set of buildings depend on the success of the first, to which Mr. Curry responded that it did not. Those of the public wishing to speak in favor of the bill: Rob Bartels, 760 West Cotter Street, South Bend, IN, stated that he was in favor of anything that brings people to downtown South Bend. No one from the public wished to speak in opposition to the bill. Councilmember Oliver Davis made a motion to adopt Bill No. 16 -89 and Councilmember Karen White seconded the motion, which carried by a roll call vote of eight (8) ayes. 16 -90 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING PROGRESS REPORTS TO BE GIVEN ANNUALLY TO THE ZONING AND ANNEXATION COMMITTEE ON EACH NEIGHBORHOOD AND DEVELOPMENT PLAN Councilmember Gavin Ferlic made a motion to accept Substitute Bill No. 16 -90. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as presenter of this bill, along with Councilmembers Jo M. Broden and Karen White. Councilmember Davis stated that it had been at least ten (10) years since the adoption of the Comprehensive Plan, and that all the neighborhood plans were due for a progress report and review. He stated that it would be prudent for the Council to take time to see where the City is, assess what has been done, and plan for the future as best as possible, as a Council and a community. Councilmember Davis went on to state that there was a need for plans to be reviewed outside of any development on an annual or biannual basis. Councilmember Karen White stated that, as the City continues to grow and develop, there needs to be a process in place to evaluate the City's plans to ensure that as much input as possible is available, and to make sure that plans are still current. She stated that this would allow the Council to have a standard by which they could look at master plans and any type of 2 REGULAR MEETING JANUARY 9, 2017 developmental plan. She stressed the importance of working closely with the Administration as well as the neighborhood associations. Councilmember Jo M. Broden stated this should direct or at least inform Council's decisions regarding budget, infrastructure, investments, redevelopment, etc. She stated that she concurred one - hundred percent (100 %) with Councilmember White. Councilmember Davis stated that the proposed bill had been sent out to Community Investment, the Administration, and the Area Plan Commission to make sure that everyone was on the same page. No one from the public wished to speak in favor of or opposition to the bill. Interim Council Attorney Aladean De Rose pointed out a grammatical error in the title of the bill. Councilmember Gavin Ferlic made a motion to amend the title of Bill No. 16 -90 and Councilmember Karen White seconded, which carried by a voice vote of eight (8) ayes. Councilmember Randy Kelly made motion to accept Substitute Bill No. 16 -90 and Councilmember Jo M. Broden seconded, which carried by a roll call vote of eight (8) ayes. 17 -02 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 401 E. COLFAX AVE., SOUTH BEND, IN 46617 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN YEAR REAL PROPERTY TAX ABATEMENT FOR COMMERCE CENTER DEVELOPMENT, LLC Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Aaron Kobb, Director of Economic Resources, Department of Community Investment with offices on the 14th Floor of the County -City Building, served as presenter of this bill. Mr. Kobb stated that this was a petition for a ten (10) year real property tax abatement. The petitioner is planning a project of $35,000,000 in total investment of a new mixed -use building and parking garage adjacent to the current Commerce Center site. The project will result in approximately $385,000 in tax revenue over the life of the tax abatement, and after the phase -in of the abatement is complete, the project will generate an approximated $626,000 annually in real estate taxes. Velvet Canada, 401 East Colfax Avenue, South Bend, IN, served as petitioner of the bill. Ms. Canada stated that she was a designer for Matthews, LLC. She explained that the project had gone from a height of twelve (12) stories to a height of nine (9) stories, or one - hundred and seventy (170) feet to one - hundred and twenty -seven (127) feet. More space along the East Race would be given to the public. The parking garage would still accommodate those employed in the offices of the Commerce Center, those residing in the apartment units of the project, and patrons of the grocery store and pharmacy. Councilmember Davis asked, Could you emphasize what it comes down to —the job situation? Ms. Canada responded that there would be eighty -four (84) jobs offered by the project, including those working in the apartments, in the grocery store, and in maintenance of the building through Matthews LLC. Those of the public wishing to speak in favor of the bill: 7 REGULAR MEETING JANUARY 9. 2017 Rob Bartels, 760 Cotter Street, South Bend, IN, stated that he strongly and enthusiastically supports this project. He stated that he was glad that a compromise had been arrived at. Mary Bundy, 318 Francis Street, South Bend, IN, stated that she too was excited by the compromise and was glad to see the project move forward. She stated that the project was wholeheartedly supported by the neighborhood. Samuel Brown, 222 East Navarre Street, South Bend, IN, stated that he thinks the City will be very proud of the project, once it is completed. Willow Wetherall, 701 North Niles Avenue, South Bend, IN, stated that she appreciated and thanked the Council for all the hard work that went into coming to this compromise. No one from the public wished to speak in opposition to the bill. Councilmember Karen White made a motion to adopt Bill No. 16 -89 and Councilmember Randy Kelly seconded the motion, which carried by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Jo M. Broden). 17 -04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE COMMERCE CENTER PROJECT LOCATED AT 401 E. COLFAX AVENUE, 230 AND 228 SYCAMORE STREET, AND 312 LASALLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Councilmember Tim Scott, 711 Forest Avenue, South Bend, IN, served as presenter of this bill, along with Councilmember Oliver Davis. Councilmember Scott explained that, in the last Common Council Meeting of December 12th, 2016, there had been a split vote of five to four (5/4), and that at the podium currently were he and Councilmember Davis who, respectively, represent the vote in favor and against Bill No. 41 -16. He stated that though everyone was in favor of moving the project forward, it did not come to fruition on the night of December 12th 2016. There was a lot of work that still needed to be done on the project. He stated that a lot of work went into coming to a compromise. Councilmember Oliver Davis stated that it was not the Council's intention to deliberate behind closed doors, but that the goal was to not bog Council meetings down with details, as had happened in past meetings. He stated that the Council asked the petitioner to go back and present something that can be discussed and voted on. He stated, So, we did. We worked together. We changed this, we changed that. We went this way, we went that way. Finally, we came to something. Councilmember Scott added that this project takes advantage of the $4,900,000 offered by the Regional Cities grant, which is on a timeline. He stated that it also sent a message —to not only the City, but other counties in the State —that South Bend is willing to come to a compromise and move this forward. Mayor Pete Buttigieg, with offices on the 14th Floor of the County -City Building, expressed thanks to everyone for coming together to make this compromise possible. Mayor Buttigieg stated, I think everyone agreed, coming out of the last vote, that there was more work to be done; that there was an opportunity, and that we did not want to let that opportunity get away from us. Everyone— including the Administration, different members of the Council from different perspectives, and the developer —came together and fashioned something that is going to work. I think it's a credit to all of them who came together that they did not allow the perfect, as they viewed it, to be the enemy of the good. I think what we have now is something that is going to be very good, indeed, for downtown —from an economic perspective, from a neighborhood perspective. We're very pleased that we have this new, compromised opportunity to lay before REGULAR MEETING JANUARY 9, 2017 the Council — hopefully, for approval —as we wait to make sure that we get the most of those State dollars coming our way, we get the most out of those private dollars that are going to be invested for jobs, for more rooftops and residents downtown, and for the kind of city and accelerating momentum that we all believe is the right direction overall for South Bend. Brian Pawlowski, Acting Executive Director, the Department of Community Investment with offices on the 14th Floor of the County -City Building, stated that total investment in the project would be $35,000,000 and that the City would go to the Redevelopment Commission to request approximately $5,000,000 in TIF funding to be paid in installments of $2,500,000 over the coming years. He then reiterated most of the points raised by Matthews LLC designer, Velvet Canada. Those of the public wishing to speak in favor of the bill: Samuel Brown, 222 East Navarre Street, South Bend, IN, stated that he was in favor of the project from the beginning, and that he was sorry that it took as long as it did to move forward. He was glad, though, that everyone came together to make this happen. Jesse Davis, P.O. Box 1025, South Bend, IN, stated that he too was happy to see everyone come together to see this project to fruition. He stated that this project presented an opportunity to bring a grocery store to the East Bank neighborhood, and he was afraid in the last meeting that that opportunity might have been blown up. Rob Bartels, 760 Cotter Street, South Bend, IN, stated that he appreciated the time and effort that went into this project. He stated that a careful description of tax incremental financing and tax abatements is appreciated by the public, because those subjects are often poorly understood. He felt that this was a wise use of resources. Mary Bundy, 318 South Francis Street, South Bend, IN, thanked everyone responsible for the compromise, adding that this has been a very trying time for people. She stated that she had feared that the opportunity had been lost, and that the City would have to wait another ten (10) years to attract a Martin's to the downtown area. She expressed excitement over the fact that this worked out, and stated that she looks forward to a positive outcome. Those of the public wishing to speak in opposition to the bill: Rolanda Hughes, 1029 Riverside Drive, South Bend, IN, thanked everyone for their hard work. She stated that she felt, though, that some of what has been undertaken undermines the important planning process that the City has been engaged in over the past decade. Both the East Bank Plan and the Comprehensive Plan are being disregarded as the City moves forward on this project. She stated that, from a professional architectural standpoint, low to mid -rise buildings were more appropriate for the area. She recalled the words of Larry Magliozzi of the Area Plan Commission: "If this is approved, it would be practically impossible to deny variance requests in the East Bank." She added that it would be practically impossible to deny height variance requests in the City in general. She stated, If height variance requests are denied, it will be perceived — perhaps appropriately —as favoritism on the part of the Council, which isn't appropriate. She pointed out that no traffic studies had been done for the project, nor a market feasibility analysis. She felt that the statement that the project under nine (9) stories would not be profitable was a simple assertion instead of a statement based on proper analysis. She felt that the City should strive for walkable communities — communities where neighbors know each other — rather than density for density's sake. She felt that it was a bad sign that the project would be taller than the Karl King Tower. Councilmember Scott, responding to Ms. Hughes, stated that the project at six (6) stories cost the City too much and at twelve (12) stories was altogether too high. Nine (9), therefore, was the ideal compromise. He added that density was necessary and desired in the downtown area. There would be exceptions, much like in this project, and therefore Council will have to go through this process again with other developments. Councilmember Scott stated, Within our Central Business District, I would love to have people lined up to build high -rises, because that means there's prosperity and that that development wants to be in South Bend. E REGULAR MEETING JANUARY 9, 2017 Councilmember Oliver Davis stated that the plan was not disregarded, and that the decisions made by Council were in fact based on the plan. He pointed out that the precedent of ninety -six (96) feet was set by the ABZA and differed from the East Bank Plan's call for sixty (60) feet, emphasizing the fact that the ninety -six (96) foot height limit was not set in the original 2008 plan. He explained that issues like this were why Council called for neighborhood plans to be reviewed and possibly revised. Councilmember Scott added that the original 2008 plan was supposed to bring almost $3,000,000 in new revenue and taxes to the City. He stated, Nothing has moved on that plan, except for the Hill and Colfax, and Dave Matthews projects. Councilmember Randy Kelly made a motion to adopt Bill No. 17 -04 and Councilmember Karen White seconded the motion, which carried by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Jo M. Broden). BILLS FIRST READING 01 -17 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY SOUTH OF SHERWOOD BETWEEN MICHIGAN STREET AND MAIN STREET Councilmember Gavin Ferlic made a motion to send Bill No. 01 -17 to the Public Works and Property Vacation Committee, and to set Public Hearing for January 23`d, 2017. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight (8) ayes. 02 -17 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT A 10 ACRE TRACT LOCATED ALONG EDDY STREET AND THE WEST SIDE OF GEORGIANA STREET BETWEEN NAPOLEON AND HOWARD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Karen White made a motion to send Bill No. 02 -17 to the Zoning and Annexation Committee and the Area Plan Commission, and to set Second Reading and Public Hearing for February 27th, 2017. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight (8) ayes. 03 -17 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3566 DOUGLAS ROAD, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Karen White made a motion to send Bill No. 03 -17 to the Zoning and Annexation Committee and the Area Plan Commission, and to set Second Reading and Public Hearing for February 27th, 2017. Councilmember Dr. Gavin Ferlic seconded the motion which carried by a voice vote of eight (8) ayes. 04 -17 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR fff REGULAR MEETING JANUARY 9, 2017 PROPERTY LOCATED AT 1248 AND 1258 N. TWYCKENHAM DRIVE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Gavin Ferlic made a motion to send Bill No. 04 -17 to the Zoning and Annexation Committee and the Area Plan Commission, and to set Second and Third Reading and Public Hearing for February 27th, 2017. Councilmember Jo M. Broden seconded the motion which carried by a voice vote of eight (8) ayes. 05-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO ISSUE ITS TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2017 (EDDY ST. PHASE II) IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY -FIVE MILLION DOLLARS ($25,000,000) AND APPROVING OTHER ACTIONS IN RESPECT THERETO Councilmember Gavin Ferlic made a motion to send Bill No. 05 -17 to the Committee of the Whole, and to set Second and Third Reading and Public Hearing for February 27th, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. 06 -17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING ORDINANCE 10461 -16 FOR CUSTOMERS OUTSIDE THE CITY'S CORPORATE BOUNDARY Councilmember Gavin Ferlic made a motion to send Bill No. 06 -17 to the Utilities Committee, and to set Public Hearing for February 27th, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Councilmember Oliver Davis reminded the Council and public that there was to be an Area Plan Commission meeting on Januar. 171h, 2017 at 4:30 p.m. PRIVILEGE OF THE FLOOR Jesse Davis, P.O. Box 10205, South Bend, IN, stated, I understand that this is the City Council, but we supposedly have a new drug task force within St. Joseph County. He explained that a few teenagers in Mishawaka overdosed on drugs provided to them by a dealer from South Bend. Mr. Davis stated that he tried to look for the drug task force's contact information, to tip them off on the identity of the dealer, but could not find any, and so contacted the St. Joseph County Police's non - emergency number to see if he could give them the information, instead. The officer on the line told him that the task force did not accept information from the public, and after a bit of outcry from Mr. Davis, offered him a phone number (a South Bend number beginning with 235, therefore a City or County contact). When Mr. Davis called that number, he found that the line 11 REGULAR MEETING JANUARY 9, 2017 was disconnected. He asked that Council look into this matter. He also wanted to know why the public cannot find out how many citations have been issued for gun fire in the City. Sharon Banicki, 3822 Ford Street, South Bend, IN, stated that the Council had asked for a one percent (1 %) raise last year, and now they are asking the public to pay for more than one percent (1 %) in various utilities. She stated that they needed to be careful, because they are taking more than they are giving, and people cannot afford that. Charles Smith, 2023 South Taylor Street, South Bend, IN, stated that though the public has heard many good things about the SBACC, they have not heard about issues of poor transparency. He stated that an issue that upset the community was the request of absence by Valerie Schey, along with the financial resources to give injured dogs a second chance at the SBACC — costing them, so far, $14,000 in transferred funds to Kryder Veterinary Clinic. He stated that after a ninety (90) day period, a dog would not be saved. He asked that this stipulation be reversed. Mr. Smith also took issue with the hiring practices of the director of the SBACC. He stated that the Commission has also violated the constitutional right of due process by knowingly delivering a notice to a location where no one lived at the time of the notice. He concluded by addressing the fact that the Chapter Five (5) revision needed to be continued by the same professional from the original writing of Chapter Five (5). He stated that he had brought this issue to Councilmember Scott and that Councilmember Scott had responded inappropriately. Brenda Bailey, 3621 Cooper Court, South Bend, IN, asked the Council to consider replacement of the current SBACC director. She stated that the ninety (90) day excommunication was very unprofessional and served no purpose, and that it was causing a huge fallout. She stated that the current director is unprofessional and is backed by others who have together created a witch hunt against many local pet advocates and lost- and -found groups. She stated, Let us get back to the harmony we had before. Kelly Hogart, Huey Street, South Bend, IN, stated that the ambition of all of the City's plans is predicated on good things happening. He stated that with a Trump administration and a Republican- majority Congress, and the shaping of an oligarchy in the cabinet, he felt that the City was one economic disaster away from all of their plans going bust. He stated, I hope you people bear that in mind and prepare some sort of contingency that you could very well have a whole bunch of vacant real estate. Samuel Brown, 222 East Navarre Street, South Bend, IN, asked why the Privilege of the Floor form had been discontinued. He also asked that the Council President to get back with him regarding the parking issue on St. Joseph Street. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 8:25 p.m. 12