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HomeMy WebLinkAbout02-13-17 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 February 13, 2017 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: TIM SCOTT 'V VARNER APPROVED BY THE COMMON COUNCIL ON: March 27, 2017 ATTEST: EMAH FO ER, CITY CLERK SO REGULAR MEETING FEBRUARY 13, 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 February 13th, 2017 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation was given by Iman Mohammed Sirajuddin from the Islamic Society of Michiana, and Pledge to the Flag was given. ROLL CALL COUNCIL MEMBERS: Tim Scott Regina Williams- Preston Randy Kelly Josephine Broden Dr. David Varner Oliver J. Davis John Voorde Gavin Ferlic Karen L. White OTHERS PRESENT: Kareemah Fowler Jennifer Coffman Alkeyna Aldridge Graham Sparks Aladean DeRose Adriana Rodriguez 1St District, President 2nd District 3`d District 4th District 5th District 6th District, Vice President At -Large At- Large, Chairperson Committee of the Whole At -Large City Clerk Chief Deputy Clerk Deputy Clerk Executive Assistant Clerk Interim Council Attorney Legal Research Assistant REPORT FROM THE SUB - COMMITTEE ON MINUTES Councilmember Gavin Ferlic made a motion that the minutes of the January 23`d, 2017 meeting of the Council be accepted and placed on file. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS 17 -06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE RENAMING OF THE FORMER MARTIN LUTHER KING, JR. BLVD TO CHARLES MARTIN SR. BLVD. Councilmember Karen White, 1912 Malvern Way, South Bend, IN, served as the presenter of this resolution. Councilmember White asked friends and members of the Martin family to join her at the podium, and thereafter she read the resolution to the Council and public. When she was done, Councilmember White opened the floor for comment from the Martin family and friends. Rahman Johnson, 728 Pennsylvania Avenue, South Bend, IN, stated that Charles Martin was his uncle and that he had a great deal of gratitude for the positive role that Mr. Martin played in his life. Gladys Muhammad, 808 North Ironwood Drive, South Bend, IN, stated that she was pleased with the Council and Mayor Pete Buttigieg for recognizing Charles Martin and helping with the resolution. Ms. Muhammad stated, We at the South Bend Heritage Foundation are honored to REGULAR MEETING have the Charles Martin Center. I was a good friend of Charles to help save the lives of our young people in this community, a Charles to make sure that our community always remembers th the youth of South Bend. She invited the public to be present fc Martin Luther King, Jr. Boulevard sign to that of Charles Marti Buttigieg. She stated that the gathering would begin at the WUl of Lincolnway West and the former Dr. Martin Luther King, Jr 2017, at 10:00 a.m. Johnny Johnson, 1124 North Eddy Street, South Bend, IN, state, for nearly his entire life and that Mr. Martin had married his sist would like to thank Karen for recommending him for this honor guy that we can never replace in South Bend. William Douglas, 4725 Belleville Circle, South Bend, IN, stat time as Rahman and Carla from Washington High School. Mr had a personal relationship with all the youth in South Bend, ii He stated, I think that was special. This being the time heretofore set for the Public Hearing on the opponents were given an opportunity to be heard. Those from the public wishing to speak in favor of this bill: Samuel Brown, 222 East Navarre Street, South Bend, IN, stated that he was a remarkable individual. Mr. Brown recounted a hur Martin and concluded, stating, He helped everybody, so, this ho . his stature. None from the public wished to speak in favor of this bill. Councilmember Gavin Ferlic stated, I think it is a great honor Councilmember John Voorde stated that he had the privilege of attended Central High School. Councilmember Voorde stated, I during his time at the YMCA and then, when I was fortunate en the 1980's, he would from time to time come and say, "I need y kind of guy for which you knew instinctively that whatever he c there was any way you could help, you knew of his commitmen He was just a terrific guy and it's a privilege to honor him in an, Councilmember Oliver Davis stated, It is truly an honor to be a of the reasons that I remained in South Bend was Charles Martin that Mr. Martin was one of the first people he had met when he i twenty -three (23). Mr. Martin subsequently put Councilmember Service Board. From there, young Councilmember Davis was in who was active in the community— people that he would othery Martin. Councilmember Davis stated, That was the kind of persc twenty -five (25) years later. He really touched a lot of people. H person here, to say, "South Bend is your home," and I thank bin FEBRUARY 13. 2017 fartin, and Charles worked 24/7 l we dedicated the building to Charles Martin gave his life for the changing of the old Dr. Sr. Boulevard by Mayor Pete 5 radio station, near the corner 3oulevard, on February 17, that he had known Mr. Martin r. Mr. Johnson stated, We iecause, as Rahman said, he's a that he graduated at the same ouglas stated that Mr. Martin uding him when he was a youth. bill, proponents and t he knew Mr. Martin and pus anecdote about Mr. is only fitting for a man of an incredible man. nowing Mr. Martin when he of to know him much better agh to serve on the Council in ar help," and he was just the is asking was the right thing. If , and you were going to do it. way possible. art of this tonight because one Councilmember Davis stated loved to South Bend at age Davis on the Urban Youth roduced to person after person se have not met, if not for Mr. a he was. I appreciate that, : really took me, the brand new for that. I Councilmember Dr. David Varner stated, I didn't know the gent eman as much as I knew of the gentleman. I spent a lot of time at the YMCA, both in my youth md as we came back to South Bend after school, and I will tell you that from the time that I go back until he passed, I would suspect that every time I went into the YMCA there was Charle doing something. You know that the gentleman had established a place for himself and a job or himself, and he did it quite well, because he is very fondly remembered by anyone who me] the folks that are descendants and friends of his. I am glad that v memory. Councilmember Jo M. Broden stated that she agreed with her fe: a good thing to add to the public recognition of Mr. Martin's oul 2 :ions him. Congratulations to are able to do this in his Councilmembers that it was ling legacy and contribution REGULAR MEETING FEBRUARY 13, 2017 to the South Bend community. Councilmember Broden stated, Gladys, the building wasn't enough, so this is exciting. As we go about town, there will be more opportunity —not just to interact with individuals whose lives he's so richly touched, but, really, to have yet another reminder of his impact on our community. Congratulations, Councilmember White and Mayor Pete. Thank you for your leadership on this richly deserved recognition. Councilmember Randy Kelly stated, I also had the pleasure of knowing Mr. Martin and he was truly an inspirational man, and his legacy continues to this day. Countless people considered him a mentor and, again, he continues to inspire. So, it is also a privilege for me to be able to vote on this resolution tonight. Councilmember Regina Williams- Preston stated, I am of that age where pretty much any — definitely African-American—person around my age or within a certain range in South Bend that you talk to will have a story to tell about how Charles Martin touched their life. Councilmember Williams- Preston agreed with Mr. Douglas that Mr. Martin had a way of making everyone feel special. She stated, He was not just a leader or a mentor for youth, but he was a leader of leaders in this community. Even those who weren't related to him —they weren't his own kids, but they were his kids. Councilmember Williams- Preston stated that she was pleased to hear that the former Dr. Martin Luther King, Jr. Boulevard would take on Mr. Martin's name. She stated, I think it is definitely a fitting tribute —not that we need a physical reminder, because I think people live in our hearts forever. But, as the generations go, it is something that will be there as a reminder to our children and the children coming, as an example of what we need to do to really make change in our community. Councilmember Tim Scott stated that he moved to South Bend within months of Mr. Martin's passing, and therefore did not get a chance to know him. Councilmember Scott stated, But it was amazing to hear the stories. I mean, absolutely larger than life for the twenty -three (23) years that we've been here. Having the Charles Martin Center within the 1St District and knowing that we will see this sign in the street is truly fitting. I am very proud to put my name on this and move forward. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17 -06 by acclamation. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS OF CITY OFFICES Representing the City Administration: Mayor Pete Buttigieg MAYOR'S ANNUAL ADDRESS TO THE COMMON COUNCIL ON FINANCES AND THE GENERAL CONDITION OF THE CITY PURSUANT TO § 2 -3.1 OF THE SOUTH BEND MUNICIPAL CODE Pete Buttigieg, Mayor of the City of South Bend, IN, served as presenter of the Annual Address on Finances and the General Condition of the City of South Bend. Mayor Buttigieg stated, For the benefit of the audience, let me just mention the premise of this address. This Annual Address by the Mayor is prescribed by the City Code. We have followed the custom of treating this as a specific address for the purpose of getting a sense of, as the statute says, general conditions and finances of the City without going into the full update known as the State of the City Address, which is being scheduled for a date in late March at Riley High School. I want to let you know some of the big picture highlights of what's been happening, from an administrative perspective, over the past year. We're proud that Administration - related economic development has brought $260,000,000 in private investment to the City, since the beginning of last year (2016), and that six - hundred and fifty -one (65 1) jobs are expected to be associated with that. Of course, we track both jobs delivered and jobs announced —this is the number of jobs announced. In terms of jobs delivered, we have seen, as a community, an increase to the tune of 7,000 jobs since 2012, and our unemployment rate is now below five percent (5 %). I am also pleased to note that the labor 3 REGULAR MEETING participation rate is high, because sometimes those unemploym deceptive if people have dropped out of the workforce. Of cours but it is nice to see that it's above the average. The City's popul pace that is modest, but—at that pace— represents the fastest we century. We are seeing a lot of residential units, including quite downtown area. The period for the absorption of those residents year. We will find out which demand remains. I did want to stre this community— $34,000 per year —and the per- capita persona surprise to many. We remain a community with a great many to percent (28 %), according to the Census Bureau, were below the it numbers can be a little we would like to drive it up, Lion is growing, once again, at a have seen in about a quarter of a few coming online in the I units is really going to be this s, though, the median income in income of $19,000 comes as a i- income residents: twenty -eight ederal poverty rate. Mayor Buttigieg continued, We are approaching the completion f Smart Streets— pending weather, which could affect the construction schedule —but our intention was to, by the end of the Fall, complete anything that would require lane closures. So the ongoing work you are going to see is principally signal - related and streetscape - related work that will continue until the final completion date of June, which should not significantly affect tr ffic. We issued the Executive Order a little over a year ago, establishing the Diversity and Inclusion initiative, and the work associated with that initiative is now going full- steam - ahead, thanks to the efforts of our Diversity and Inclusion officer, Christina Brooks in cooperation with City partners. We are one of the few cities of a scale and size in this region that did not exI lerience a substantial uptick in homicide. In fact, homicides are down to fourteen (14) in 2016. e believe the Group Violence Intervention, which has enjoyed support from this Council, is partly to credit for that, but we continue to work hard and be vigilant in making sure that we dri ve down the rates of group and gang- related gun violence in the City. ially break that down now by Mayor Buttigieg continued, The priority -based budgeting appro ch helps us clear up our priorities for the 2017 budget, but it is really in the year ahead tt, at you will see the best of what that process has to offer: laying out the specific uses of the our f mds in a way that's different from our traditional fund -based accounting. There are some chaj Lges in the way we approach placemaking in the City. A new Department of Venues, Parks, and Arts that represents the reorganization of previous departments and is already underway on several placemaking initiatives —it is through that department that we are working to mplement the Riverfront Parks and Trailers initiative, thanks to the Regional Cities grant that the Region won from the State, including our City, adding up to some $42,000,000. Mayor Butt gieg presented to the Council and public a chart breaking down 311 calls. Mayor Buttigieg sta ed, When we look at the 311 calls, we have been able to start mapping them. Water Works ac punts for 44,926 calls; Solid Waste is the next largest category, followed by people reaching he Mayor's Office. I just want to give you a sense of what people are calling about. We can act ially break that down now by district, if you are interested in seeing whether your district, frlaot a City Council perspective, accounted for more calls on one issue or another issue. We thi that this is going to allow us to better serve residents, and I would note that every district sees of callers to that 311 line. Mayor Buttigieg continued, We also have conducted a neighbor ood survey to find out how community residents feel about the assets in their City. The area where residents express the greatest satisfaction were streets, parks, and housing. The areas here residents expressed the least satisfaction had to do with sidewalks, and the variety of businesses. Regarding the variety of businesses, approximately half of the community described themselves as dissatisfied or extremely dissatisfied; when it came to the condition of sidewall s, about the samea total of forty- six - point -six percent (46.6 %) dissatisfied. I know that the Zouncil has been speaking a lot about the importance of sidewalks, so this backs that up. Again, ve can give you a district -by- district breakdown of this, if that's helpful, to give you a sense what's on people's minds. TIF is always a hot topic, so I wanted to give you a very broad ove ew of where TIF funding went in 2015 and 2016. The bulk of it was invested in the River West TIF area. The River East area accounted for approximately $10,000,000, and the south side, $ ,000,000. In terms of where that went, just over half was for what we call "public infrastructure.' So, we're thinking about things that benefited the neighborhood of the area or the community br adly. Forty -five percent (45 %) was more specific to a particular project: a capital expenditure o infrastructure design to have a particular building or particular business expansion take place. I you map the seventy (70) development projects approved between 2014 and 2016, you wi l see that the bulk of them F. REGULAR MEETING FEBRUARY 13, 2017 occurred in that River West development area, but really every part of the City has seen some kind of substantial investment. Mayor Buttigieg continued, This is a good place to comment on a statistic that is often cited, which is that forty percent (40 %) of the landmass of the City is in a TIF area. I just want to emphasize that that does not mean that forty percent (40 %) of the assessed value is in a TIF area —that number is considerably lower. Referencing the image shown before the Council and public, he stated, A lot of that landmass in the upper -left corner of the screen is the area around the airport, because, for example, all that land just in between the runways counts as landmass. But, as you can see, a considerable amount of the City is eligible for TIF spending because it falls into one (1) of our five (5) major TIF areas. I want to thank the Council for its attention to water funding and the challenge of making sure that we are balancing affordability with our obligation to provide clean and safe drinking water. I do want to stress that the team has identified $88,000,000 in capital investment needs over the next five (5) years. While there is a one (1) time transfer of $1,000,000 for the purpose of just keeping us sustainable this year, this is something that cannot be met without some look at revenue in the very near future. I wanted to offer some perspective on the comparative water rates, here in this community. We benefit from a highly competitive water rate. Referencing a displayed chart illustrating various water rates in the region, Mayor Buttigieg stated, The bar on the left— that's the unit cost: $7.95 is the average that you would expect among utilities in Indiana. The next column tells you what we are currently at: $221 for 1,000 gallons. The proposed increase that the department has asked for would move it to the column on the right, at $317 —still considerably below what most of our competitors are charging. I do want to acknowledge that even that would not be enough: it would fund about one -fifth (115) of the capital investment needs that the department has identified, but it would speak to the most urgent ones. Just to give you a sample, those include a new well that we need. If we don't have a new well soon, there is some concern that we will have to shut down the one we have at the north area —Well 1 -A. We sometimes get calls about discolored water. We could need a $110,000 investment to change out a filter in the north area and a pressure vessel where we are having issues with the filter medium. There is some interest in the tour we took of one of the Water Works facilities where you could also see the corrosion that is literally eating the ceiling of the building. That is happening partly because of the lack of a humidification unit. That is another example of one of these investments where, if we don't make it soon, we will be penny -wise and pound- foolish because we will be paying for major repairs. I know the Council is very conscious of the importance of doing something quickly. I wanted to mention that it is increasingly top -of -mind as this Administration tries to meet its obligation to provide clean, safe drinking water to everybody in the community. Mayor Buttigieg continued, Road funding is another hot issue. This is one for which I am actually pleased to say there is a good sign of hope in Indianapolis, and I don't often say that. We are concerned about —in a business -as -usual scenario — approaching a $3,400,000 shortfall in road funding. 2016 was the first year where the expenses have overtaken revenues, and we think that pattern is going to continue. Even in a relatively merciful winter so far, from a snow perspective, this is a real concern. The good news is that the State is actually contemplating doing something to enhance revenue for road funding, so I would urge anybody who cares about the quality of our roads to encourage State legislators to back a plan that would give us meaningful road funding into the MVH, the Motor Vehicle & Highway funds. Speaking of revenue, I know the Council made a decision that may not have been easy to adjust rates for solid waste. I just wanted to let you know what the results of that decision have been. Now, sixty -two percent (62 %) of our fleet is converted to containerized natural gas that saves taxpayer money over the long run, and it makes us a cleaner and greener City. We have our new yard waste program up and running. Perhaps the thing that I am most pleased with is when you look at that 311 data, you see a lot fewer calls about trash misses. We got that down by thirty -nine percent (39 %), and part of that is by being able to better manage the assets we have because we have adequate revenue. We are also becoming a lot more efficient on account of those extra yard item pickups. So, if you look again at those revenue expense charts, you will see that, thanks to the authorization from the Council, we have been able to get that blue bar back up. We are still replenishing reserves that went dangerously low, so that will be the use in the near -term for any 6 REGULAR MEETING surplus that we enjoy in that solid waste fund. That rate ina our ability to serve residents well, so we thank you for that. FEBRUARY 13, 2017 is a difference -maker in Mayor Buttigieg continued, You know how my eyes light up wl n we talk about waste water, even though it's not always considered a flashy topic. The latest math that we have, after a lot of work with the engineers, is that the current obligation with the E PA is a $713,000,000 investment. If you think about how much that represents for eve man, woman, and child in the City of South Bend, it's pretty clear that we have to find a way to make this more affordable. We believe that we can save literally hundreds of millions of dollars for more or less the same level of environmental improvement. But, again, this is not optional. This is something that is mandated by law. It is the outcome of a consent decree, and so we are going to have to negotiate a new resolution. The City is continuing the process of preparing to do that, and we will be appreciative of support from the Council in that effort. I want to draw the Council's attention to something that we have been following closely, which is what h ppens with assessed valuation. You will notice that about halfway down the chart is the break-e Ven point—in other words, where that red line is either a positive or negative change to valt ation. Even now, it does not seem that our assessed valuation is even keeping pace with inflation, let alone what we know has been real economic growth. We appreciate the County Assessors willingness to work with analysts to try to get to the bottom of some of those discrepancies. We think this is important because there is a likely shortfall coming if this scenario contin s, when it comes to AB growth, and that could lead to a higher tax rate and more pressure on se ices, going forward. One way that you can tell that is if you look at land values —and this is n improvements, just the land around the City —the height of the column here represents how 1 luch per -acre is being assessed on the land, and you can see that there is quite a bit of variation. Sometimes that variation can be explained, but we want to make sure that it is something that cat. be explained more frequently, because it is not always consistent within blocks, and so again tl is is one of the issues where we are really working with the Assessor's Office to try to shine a light on that and understand how we can lead the way toward better fidelity on those assessments we think that they show that those tough decisions pay off. Mayor Buttigieg continued, This is sort of a matter of interest, too, since I know the Council is often asked to weigh questions of density. The higher the bar on this graph, the more value per acre we are getting in terms of tax dollars. So, this is just a remij Lder that if you look at the more dense areas of development —of course downtown and Eddy St et being the prime examples — we are also getting a lot more bang for our buck. If you think of 't in terms of a fixed amount of services —you have to plow 1,000 feet of road, whether there is one (1) person living on it or one - hundred (100), and whether you're collecting $1 or $ 1,000,1100 on it per acre. This is a reminder of the relationship between density and revenue effici cy. Some have asked what the impact of having a lot of nonprofit and University property in th community is on our tax revenue, so I wanted to lay it out from a landmass perspective: s venty -two percent (72 %) of the City is taxable; twenty -eight percent (28 %) is tax - exempt. The bond rating of the City, which is independent evaluations of our fiscal soundness: as you know, it's one of my favorite topics for financial updates, and I am pleased to report again that we havea AA bond rating. This is a lead table of second -class cities in Indiana. I used to be able to boast' hat South Bend had the best bond rating of any lead table. Unfortunately for my bragging rig its, the town of Fishers incorporated as a second -class city. So, nobody existing raced a ] [ead of us, they just changed their form of government and became a second -class city. So, e en though we no longer have those bragging rights, we are still among just four (4) second -class cities in the State of Indiana that have a AA rating or better. The thing I would draw your att ntion to is that the other three (3) are not communities that have a per- capita income of $19,0 . The other three (3) are comparatively wealthy Indianapolis suburbs. So, this really is a estament to the Council, the Administration, and our predecessors, and our departments—panicularly the Department of Administration and Finance working hand -in -hand with Counci to make tough decisions that are paying off, because these higher bond ratings of course mean to er interest rates and taxpayer savings. They are an indication of the fiscal health of the City, 4d we are proud of them because we think that they show that those tough decisions pay off. Mayor Buttigieg continued, A quick breakdown of what is goin on with our General Fund. If we continue in the business -as -usual picture, there is going to be a $2,500,000 General Fund revenue drop due to what we have been calling the fiscal curve 1hat will kick -in in 2020. We el REGULAR MEETING FEBRUARY 13, 2017 were able to take a number of steps in partnership with the Council, going into the 2017 budget, that have allowed us to keep the budget in balance, and that is a budget that balances revenue and expenditure. But if we proceed on the business -as -usual path, by 2020 we will be at a $10,000,000 structural deficit. So, we have taken a lot of good steps this year, going into the 2017 budget. I would urge that the remainder of the steps that we have to take —many more painful choices ahead —we absorb them in 2018 so that we can bring that blue line and that red line into balance and not be faced with a real challenge in 2020. Some of the things that are driving our expenditures up, in addition to revenues taking a hit: increased health costs for employees, increased overall personnel costs, and anticipated increased costs for streets, curbs, and sidewalks. Again, we hope to get a little shot in the arm from the State that would help us out here, but we know better than to assume that it's going to happen. A potential drain in funds to cover EMS operations, because we guarantee Medicaid reimbursements, will continue at the rate that we have been enjoying, so far. Mayor Buttigieg continued, I will now read this long slide to you. These are some of the things that you helped us do in 2017's budget to address the fiscal curve. One (1) of them is reducing the pressure on general and income tax funds through the use of TIF. We want to be careful that this does not become a slippery slope and that TIF does not come to be regarded as a magic mountain that we can tap into for anything, but it did relieve some pressure for us to make certain qualifying expenditures, often on debt - servicing or other infrastructure, and it has enabled us to balance the budget. We were also able to actually reduce the workforce in Administration and Finance —two (2) positions fewer thanks to efficient operations, there. The IT expenses even though they showed up at a high level on every department's own books because of the allocations —were in total across the City $300,000 less, thanks to a reduction of the need for outside services and efficiencies that were found. We think that the priority -based budgeting practices will continue to yield savings. Next year we will have to do more. Again, just a few highlights of potential ideas to address that fiscal curve: working with the County to make sure that we have property taxes that reflect real value; making sure that all of our vacant positions are not filled until we know that they are needed; working toward a strategic purchasing plan and coordinating our purchasing efforts to make sure that we are getting the best bang for our buck; working with the State in advocating a State solution that would address the $3,400,000 projected shortfall on streets; partnering with the County in new ways —I think we can continue a dialogue with the County that will be mutually beneficial; and considering other revenue options. Mayor Buttigieg continued, Just to remind everybody of where our full -time employees are spending their time: just over fifty percent (50 %) of the employees of the City are in Public Safety, the bulk of whom are uniformed Police or Fire personnel. The majority of the remainder are in Public Works, followed by Parks and Recreation. I don't want that number to be deceptive —it's eighty -nine (89 )—but that number gets considerably bigger in the summertime because of our seasonal workers. And then, we have twenty -three (23) in Community Investment, twenty -two (22) in Code Enforcement and Animal Control, and another one - hundred (100) in Administration and Finance or other responsibilities, including your friendly Mayor's Office. We got a bit of an unexpected lift due to higher- than- expected property taxes this year, and also higher -than- expected revenue at the Morris, and a special LOIT distribution from the State that could be put toward streets. The result of that is that we actually came in $5,800,000 ahead, when you look at revenue versus expenditures for 2016. It's great news. We can't bank on it, going forward, because, again, a lot of this has to do with income taxes. Unlike property taxes, income taxes are comparatively unpredictable. As soon as a recession were to hit, for example, you would see a pretty sharp and sudden decline. But, this is good news, in terms of offsetting some of the concerns I flagged a moment ago. It also means that we were able to sustain healthy cash balances in our funds. We talk about property taxes a lot —they are definitely the bulk of how we pay for our City operations. I do want to point out how much we rely on income taxes as well: the Economic Development income tax, COIT, and then the Public Safety LOIT just specifically for salaries, for sworn Fire and Police officers. Also, something that I realize not a lot of people know, which is that the total local option income tax rate in South Bend is one- point- seven -five percent (1.75 %). This is actually lower than many other communities, including Elkhart County next -door to us, known for its tax - friendliness: they are at two percent (2 %); we 7 REGULAR MEETING are at one - point- seven -five percent (1.75 %). But, this is what (1.75 %) gets us: we are projecting $28,000,000 this year. Mayor Buttigieg concluded, For the coming year, our priorities economic growth; public safety for everyone; partnering with t. Schools in order to support good community outcomes; a numl FEBRUARY 13. 2017 one - point -seven -five percent elude: commitment to inclusive South Bend Community of what I call "under -the- hood" or internal governance improvements, including new approaches to performance management—we are really taking that priority -based budgetin analysis out for a spin; executing this Diversity and Inclusion plan, which is now going into the departments, including trainings in every City department; more neighborhood engage ent and the placemaking of public art opportunity I spoke about a moment ago. We pride ou selves on putting as much information as we can out to the public, and so, on the City web ite, you can find a tab called City Budgets and Finance Records. I am pleased that the Admin stration and Finance Department won an award for their transparency with the popul backup the somewhat less- than -plain English Comprehensive.P thank them for their hard work on that. Due to time constraints, Council President Tim S ott limited qi: by each Councilmember to two (2). Councilmembers Regina Williams- Preston, Rand Kelly, and J Councilmember Dr. David Varner stated, I think etailed questi detail. Mayor Buttigieg responded, Yes, we are happy to follow -up to numbers I have shared. Councilmember Oliver Davis stated, Thank you for sharing that Councilmembers John Voorde and Gavin Ferlic had no Annual Financial Report to mal Financial Report. We to be asked of the Mayor M. Broden had no questions. will come when there's more pack any of these high -level Councilmember Karen White stated, Thank you. I look forward o the budget process and, of course, it is very nice to hear the Administration's priorities. The Council will be getting together and will be submitting our priorities and, as has been in the past hree (3) or four (4) years, there are a lot of commonalities. I 1 Councilmember Tim Scott stated that he wanted to continue the assessments. Councilmember Scott stated, There are some cone( missed opportunities that are happening with the County. Also, c only speak for myself, but I think the priority is in investment in conversations that we will probably have with Community Inve: investment. Thank you for this, and I look forward to seeing that Councilmembers. Mayor Buttigieg responded, We will be sure to circulate that RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:51 p.m. Councilmember Karen White made a motion to r Whole. Councilmember Regin Williams- Preston seconded the vote of nine (9) ayes. Councilmember Gavin Ferlic, Chairpersi Councilmember Gavin Ferlic explained the procedures to be accordance with Article 1, Section 2 -11 of the PUBLIC HEARINGS ;onversation with the Mayor on ns and, I think, probably some n what Ms. White said ... I can .he neighborhood and the ment regarding neighborhood nice presentation sent to all the lve into the Committee of the ►tion which carried by a voice presiding. for tonight's meeting in Bend Municipal Code. REGULAR MEETING FEBRUARY 13, 2017 77 -16 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3720 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to accept Substitute Bill No. 77 -16. Councilmember Jo M. Broden seconded the motion which carried by a voice vote of nine (9) 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. Interim Council Attorney Aladean DeRose clarified for the record, The Committee recommendation was that it was approved, conditioned upon an additional thirty (30) foot setback, and the vote was three (3) to two (2). Angela Smith, Area Plan Commission, with offices on the 11 th Floor of the County -City Building, served as the presenter of this bill. Ms. Smith stated that the petitioner is seeking to rezone the property located at 3720 Lincolnway West. She presented to the Council and public a site plan, stating, Now, you will see the property highlighted here in red. The property is currently zoned SF -1, Single - Family. They are petitioning to rezone to MU, Mixed -Use. Across Lincolnway, you have homes zoned SF -2, Single - Family and Two (2) Family, and businesses zoned LB, Local Business. To the east, you have a restaurant zoned LB, Local Business. To the south, you have Single - Family homes zoned SF -1. The petitioned property actually extends to the south, but the rezoning area does not extend all the way down to the bottom of the property. To the west, you have contractors' offices zoned GB, General Business. The site currently has a Single - Family home on the property. The site plan that is here before you is a revised site plan from the original presentation you saw a couple of weeks ago. The petitioner relocated the building to the west side of the property, and this is reflective of what the site plan will look like in compliance with the MU, Mixed -Use District. This comes to you from the Area Plan Commission with a favorable recommendation. Rezoning the property to MU, Mixed -Use will allow for the infill development that complements the transition from the more intense Commercial uses west of the site to the Single - Family Residential to the east. John Wojtila, Zaremba Group LLC, 14600 Detroit Avenue, Cleveland, OH, served on behalf of the petitioner of this bill. Mr. Wojtila stated that he wanted to highlight major changes made since the prior meeting. As committed to in the last Common Council Meeting, the building will have a four (4) sided brick appearance; the dumpster will be enclosed to match the building; there will be construction of a public sidewalk along the entire frontage; there will be considerable, enhanced landscaping, including additional shade trees along the frontage, a hedgerow to screen the parking —also along the frontage of Lincolnway —grout covers with seasonal color at key points along the frontage, a bike rack on the east side of the entry and a bench on the west side; there will be a decorative fence to add to the streetscape presence along Lincolnway; there will be a privacy fence at the southern edge of the development —not at the edge of the property; wall signage on the building will have standalone letters rather than be a box sign; windows will be added to the east and west elevation; there will be an ornate cornice detail at the top of the building; there will be awnings on all the windows, but at the entry to the building there will be a more decorative, horizontal awning. Mr. Wojtila stated that this was a private development with no abatement being requested. He stated that the building would have high quality finishes and be made of high quality materials, and be consistent with the Comprehensive Plan. Councilmember Karen White asked if the petitioner would have any difficulties with implementing the thirty (30) foot setback requested by the Zoning and Annexation Committee. Mr. Wojtila responded, No, I have no difficulties with that. I would just like the motion to be that we would pursue and apply for a variance, versus obtaining it. We will commit to applying for it using our best efforts. We will be at the first ABZA meeting that we can be at. 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 the bill. E REGULAR MEETING FEBRUARY 13, 2017 Those wishing to speak in opposition to the bill: Jerry Noskowski, 1113 North Elliott Street, South Bend, IN, stal d that, while he welcomed the changes that the petitioner has made, he was still opposed to the project for several reasons. He stated that there was already a dollar store down the street and tE at he and fellow neighbors consider another one fourteen (14) blocks away unnecessary. He worried that there would be a trash problem, given past experiences as well as the fact that the e was bound to be a lot of pedestrian traffic in the area. He stated that it was admirable that the petitioner was willing to build a sidewalk along the property, but Mr. Noskowski pointed DUt that the entire south side of Lincolnway has no sidewalks, and therefore the petitioner is proposing a sidewalk island. He stated that though that area is not conducive to pedestrian traffic this project will attract it. He stated that the project would be built on a piece of property thati. lopes down toward the back. He wondered what the petitioner would do to prevent that hill or any erosion from contributing to runoff from the property. He asked if the neighbors to the south of the property knew they would have a retention basin behind their homes, and how that would be protected from the children who live in the neighborhood. He wanted to also know what ligl ing arrangement was planned. Mr. Noskowski stated, I think we can do better. He stated that this development was being crammed into a place where it does not belong. He suggested to ling the bill until variance issues were resolved. Mary Bueno, 3621 Elwood Avenue, South Bend, IN, stated she 'ved north of the development, directly across the street from it. Ms. Bueno stated that she had t ie same issues with the proposed sidewalk. She stated that she did not feel the building as a good fit for the lot, as it was oriented sideways on the lot instead of fronting. She also ha I worried about how this would affect Volcano Restaurant. She offered that a potentially more rc sonable place to establish the store would be on the corner of Ardmore Trail and Bendix Drive. Ms. Bueno stated that her neighborhood was quiet and rather absent of crime. She stated, I just would not like to see some element of crime being brought forward to the north that might riot otherwise be drawn to that area, with this kind of development. She stated that she would p fer to see a locally owned business be established in the neighborhood instead of a corpora e entity. Tonya Roman, 3701 Lincolnway West, South Bend, IN, stated tI at she lived across from Volcano Restaurant. Ms. Roman stated that she was opposed to flus development, further stating, Dollar General... their stores have a tradition of being unkempt. he stated that, on the other hand, Volcano Restaurant has kept its property neat. She pointed out that traffic is faster along that part of Lincolnway, and that the bike lanes are often used b pedestrians instead of cyclists. She worried about the dangers of increased foot traffic to the store. She stated that she would like to see a food establishment set up shop in the area, as there are few options for sitting down to eat; something aside from the fast food or franchise options t r . She concluded, stating that she did not feel that the development was a good match for the n g orhood. Samuel Brown, 222 East Navarre Street, South Bend, IN, stated at he had a problem with the Lincolnway corridor, and that this bill needed to be tabled. Mr. I rown stated that the Council needed to take a look at the corridor and consider what sort of b inesses to allow there to attract more business, instead of letting in a Dollar General or another f 'ied chicken spot. He stated, You have got to make decisions on how to fix that corridor so th t everybody is going to be happy. Mr. Brown again suggested tabling the bill, then an anal is of the corridor. He stated, Put some thought into it. John Wojtila returned to the podium and stated, We are proud of e changes we made in working with staff. We know that it is a well - designed site plan. is a well- designed building with high quality finishes and material. It's consistent with the Comprehensive Plan and it will add jobs and increase the property values. Councilmember Regina Williams- Preston thanked everyone pre Council Meeting, stating that she was glad to hear what the peox Williams- Preston thanked the developer, also. She stated that thl addressing concerns put forth by residents and the Council. She concerns —with the retention basin and the high traffic in the are and thanked those who spoke up for reminding her of that. 10 ;nt for showing up to the e want. Councilmember � have come a long way in sated that she had new . and the proposed sidewalk REGULAR MEETING FEBRUARY 13, 2017 Councilmember Gavin Ferlic stated that he appreciated the input from Community Investment, as well as from the representatives of the developer of the property, and the adjacent property owners. Councilmember Ferlic stated, One thing we are looking at is a potential setback of thirty -four (34) feet. That number seemed to be agreed upon by all three (3) parties, so thank you again for your hard work on that. Councilmember Oliver Davis stated, I also would like to thank both groups for taking the time to come to some type of agreement. Councilmember Davis warned that, in zoning, one must be cautious regarding being too specific about what sort of business they want to see in an area. He stated that when one gets too specific, one may run into serious legal ramifications. He stated, My biggest issue came down to when I looked up what the neighbors were concerned with —that is, you have two (2) businesses that said if you were to back up a little bit here, we could work together there. Well, I saw that spirit a few weeks ago, and said that we could maximize that. That's why I like the whole concept of the variance option. I do believe our Code Enforcement is going to have to look into any kind of thing regarding Dollar General. Councilmember Davis stated that the Dollar General on Portage Avenue seems to be okay. He had concerns about some of the stores in the south, though. He stated that enforcing code would be important. Councilmember Oliver Davis made the motion to approve Substitute Bill No. 77 -16, subject to the modifications identified by the presenter and with written commitment to pursue and use best effort to obtain a thirty -four (34) foot setback variance. Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9) ayes. 78 -16 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT A 119.89 ACRE TRACT OF LAND NEAR THE CORNER OF MAYFLOWER ROAD AND ADAMS ROAD ABUTTING THE ST. JOSEPH VALLEY PARKWAY, 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 Commission, with offices on the 11th Floor of the County -City Building, served as the presenter of this bill. Ms. Smith stated that the petitioner is seeking to rezone a tract of land that is approximately one - hundred and nineteen (119) acres on the east side of the bypass, north of Adams Road, and to the west of Mayflower Road. The property to the north is in the State of Michigan. The properties to the east, south edge, and west are primarily R, Single - Family, in the County. There are some portions to the south and to the west that are zoned PUD, Planned Unit Development. The site is currently vacant. Ms. Smith presented to the Council and public images of the property's vacancy. She stated that the proposed site would be for uses allowed within the LI, Light Industrial District. Ms. Smith presented to the Council and public an example of how the site might develop. She stated that the petitioner is proposing to start on the south portion of the property to install a light manufacturing facility, and that they would have some additional land to the north that they could develop at a later time. She pointed out on the site plan the building, associated parking, and the entrance drive which would be an extension of Dylan Drive. Ms. Smith stated that there were potential written commitments that the petitioner would probably address later in the meeting. She stated, This comes to you from the Area Plan Commission with no recommendation. Brian McMorrow, Abonmarche Consultants, 750 Lincolnway East, South Bend, IN, served on behalf of the petitioner of this bill. Mr. McMorrow stated, I think the question to be answered, as part of our petition, is a simple one: to put into place the most appropriate zoning on this particular piece of property, which, unlike probably most other properties in South Bend, has no zoning. The PUD that was approved in 2005 has expired because the petitioner did not follow up on an application for secondary approval on this particular quadrant. Mr. McMorrow stated that the owner is Waggoner Dairy Farm and that the developer is Great Lakes Capital, Portage Prairie 11 REGULAR MEETING FEBRUARY 13, 2017 III, LLC. He then took the time to review the definition of a Planned Unit Development. He explained that a PUD district ordinance is always drawn specific 'ally to a property and is brought forward by a petition, after an exhaustive public process —as it was for this petition. He stated that a PUD does not necessarily equal, amongst other things, agriculture. He stated, Remaining an agricultural use doesn't seem appropriate. He explained that the 2005 plan presented a vision to develop all four (4) quadrants of the area formed by Adams IF ad, running east -west, and the St. Joseph Valley Parkway, running north- south. The quadrants vere labeled A, B, C, and D. Single - Family, Two (2) Family, Multi- Family Townhomes, Civ c and Recreational Uses, Life and Destination Retail were considered appropriate zoning uses for Quadrant A. Mr. McMorrow explained that if the petition to zone the northeast quadrant, Qua rant D, to LI is approved, it does not change any of that, as there is no automatic approval ol LI on Quadrant A. The vision for the southwest quadrant, Quadrant B, was for Neighborhood Retail, Medical and Office Campus, and Assisted Living. If this petition is approved, he rei erated, none of this would change. The southeast quadrant, Quadrant C, was approved for Light Industrial uses, Commercial uses in a hotel, and Office and Flex space. He stated, If this petition is approved, it does not change any of that and, as I noted at the bottom of the image, development has occurred exactly as it was anticipated in that quadrant of the intersection. Mr. McMorrow explained that the 2005 plan allowed for a Hotel and Restaurant Park, a Resear and Development Park, and an Opportunity Site in Quadrant D, and specifically had as a use Residential Buffer Yards along Adams Road. He stated that the hotel would not be permitted if I he petition were approved, as the hotel is not permitted in a Light Industrial zone but all the other three (3) uses are permitted. Mr. McMorrow continued, If I flip the conversation and I look a all of the uses that are permitted in an LI zone, and I compare it to the 2005 PUD that was in place, virtually all of them could still occur. Again, approving an LI zone does not change any of that. He stated that the petition was to zone twenty -eight (28) of the one - hundred and t enty (120) acres to LI. He added, We are proposing a user —a business here in town that's rowing, that wants to stay in South Bend. Unlike a lot of those uses across the street, on the s uth side of Adams Road, there are three - hundred and twenty (320) employee parking spaces th t we are providing for their use; on a business that is not wholesale distribution and trucking. He explained that few trucks and tractors were on the site daily. Due to the fact that the site is ne to residential properties, and due, as well, to the discussions the petitioner has had with the Area Plan Commission, the petitioner is willing to accept a number of written commitments One was an enhanced landscape buffer in the Dylan Drive extension, composed of double-staggered evergreen trees and a privacy fence that will screen the view of the driveway and the building eyond from the residential property nearby. Another commitment agreed upon was that the e would be no roadway access to Mayflower Road, so as not to, among other things, encourage truck traffic on Mayflower Road. He stated, In the event that the balance of the property w e developed, we could incorporate a temporary connection for emergency services, sig ed and restricted in such a way that there is no through - traffic. Another commitment agreed upon was to not propose off - premises signs or billboards as part of any development on the one-hundred and twenty (120) acres. The last commitment —which was only one (1) possible an of action —was to build an enhanced Type-13 or Type -C landscape if any building or parki structure were built three - hundred (300) feet from Mayflower Road. Mr. McMorrow concluded by stating that Light Industrial is the most appropriate zoning for Quadrant D, as the original PUD essentially anticipated most of the uses proposed by an LI zoning. Councilmember Oliver Davis stated that many of those who resi e outside of City limits have expressed that they do not feel that the Council takes the time to listen to them. Councilmember Davis asked if the petitioner's party had the written commitments when they were at the Area Plan Commission meeting. Mr. McMorrow responded, It was part of the staff report. Councilmember Davis asked, Were they already online? Were they a part of our report? Mr. McMorrow responded, They were part of the Area Plan Commission staff report, yes. Councilmember Davis asked, Did you already plan to do the no access? Mr. McMorrow responded, Not when we first met with the Areq Plan Commission. 12 REGULAR MEETING FEBRUARY 13, 2017 Councilmember Davis asked, Did you already plan to enhance the landscape at that meeting? Mr. McMorrow responded, We buffed it up since, yes. Councilmember Davis asked, And what made you buffer it up since? Mr. McMorrow responded, It was the comments from the public and the Area Plan Commission. Councilmember Davis asked, Did you plan to extend Dylan Drive like you have done? Mr. McMorrow responded, We did. Our initial plans call for it to intersect with - Councilmember Davis interjected, And what made you continue with that? Mr. McMorrow responded, Public comment and the Area Plan Commission. Councilmember Davis asked, Your off - premises signs ... that also came from where? Mr. McMorrow responded, That was a conversation that drew out of that hearing, with the public present at the Area Plan Commission hearing. Councilmember Davis asked what the petitioner had gotten from hearing from the public. Jeff Smoke, Great Lakes Capital Portage Prairie III, LLC, 112 West Jefferson Boulevard, South Bend, IN, responded, First of all, we appreciate your recommendation to table it for three (3) weeks to allow more time for community outreach and collaboration. I attended the Portage Township town hall meeting that they organized —that our neighbors organized —and it was spirited at first, and a bit tense, but we organized a second town hall meeting at the German Township Library and were better able to educate and inform, like Brian here tonight, and also listen to their concerns and share with them some of the compromises we have made regarding the setbacks and the landscaping, and also some of the traffic exclusions the City is proposing. Councilmember Davis asked, After reflection, what do you think about what you have learned from hearing from the public in both those meetings? Mr. Smoke responded, Initially, we were surprised at the amount of neighborhood reaction, because this was originally zoned for the same use. So, originally we were surprised, but we were happy to engage them and learn more about their concerns. I think one (1) big thing about this was the traffic out there, so I think that is going to be great to have that at the forefront now for a resolution with the City. So, I think that was the biggest thing that came about from all of our collaboration. Councilmember Davis stated that many of the issues expressed earlier in the evening by residents was about that traffic. He asked, Don't you share some of the same concerns about that? How do you plan to go in with the neighbors to fight that issue, to make sure it is resolved? Mr. Smoke responded, Absolutely. For a good development you have to have good traffic flow, and it doesn't make sense to not have the proper infrastructure in place. So, we are proactively working with the City. I think Corbitt is going to talk tonight about some of the studies that they have done already, and some of the solutions they are going to propose. Councilmember Davis stated that they would make sure to have more up -to -date data when studying traffic, as the currently available data is from 2014. Mr. Smoke responded, Sure. I think there's one from November, 2016 right on Adams Road, actually. Councilmember Gavin Ferlic stated, You mentioned a number of retained jobs —about two - hundred (200) or three - hundred (3 00) retained jobs. Are there any additional jobs, as well? Mr. Smoke responded, Erin Canarecci is here tonight from CTDI and she can speak to that, but, briefly, there are up to one - hundred and fifty (15 0) brand new jobs that will be created. These are higher - paying jobs —$13 to $28 an hour, with nice bumps after two (2) years. Councilmember Ferlic asked Mr. Smoke to talk about the type of business this is and approximately what number of trucks would leave this facility on a daily basis, as he had observed that quite a few trucks leave the FedEX facility nearby. 13 REGULAR MEETING FEBRUARY 13, 2017 Mr. Smoke responded, There are approximately four (4) to five (5) trucks. Councilmember Ferlic asked, How many leave out of the FedE facililty? Mr. Smoke responded, FedEx could have, I don't know, fifty (59) to sixty (60), or more? Councilmember Jo M. Broden asked, Type -B versus Type -C 1i between them? Mr. McMorrow responded, It's the density or frequency of the Councilmember Broden asked, So, C is more intense? Mr. McMorrow responded, That's right. Councilmember Broden stated, I guess I would like to see that, ; encroachment in the neighborhood —in a broader context —so tl suggest. I love how you have listened, and the amount of public guess I would add that sometimes we forget that corporations ar Broden recommended that there be ongoing communication bet neighbors, as a new business owner in the neighborhood. Councilmember Regina Williams- Preston asked, In that area, i on the building and tenant going in —what are you thinking ab say something about retail and stuff like that, and that was not presentations before. what's the difference ping forward. This is an is just something I would ngagement there has been. I neighbors. Councilmember een the petitioner and their h of where you have decided for that? I thought I heard you I was thinking from Mr. McMorrow responded, The point I wanted to make is that b applying the LI district standards here, all of those uses are possible. The fact is, we have only had this one opportunity come to us —to take this existing business that wants to grow here. Everything else is still open. Mr. Smoke added, Realistically, it's probably more distribution - -ype users. The topography of the site does not allow for several large buildings up there. There are some depressions in the land which make smaller buildings more optimal, to go along w h the larger building to the north. So, it depends on finding the right tenant that is going to fit those spaces, but I would say distribution for at least one (1) of the buildings, going north. Councilmember Williams- Preston stated, I just wanted to clarif the public, in meetings past, that they do want this kind of retail Mr. McMorrow responded, And that sort of thing was anticipat highway, and again, none of that changes. This being the time heretofore set for the Public Hearing on the opponents were given an opportunity to be heard. Those from the public wishing to speak in favor of this bill: Jeff Rea, CEO of the South Bend Regional Chamber of Comm( what this could mean for the northwest side of South Bend. Mr. South Bend developer that has a great reputation of building qu with not only the City but the neighbors. He stated that there is and around this area, and that limited opportunities currently ex the Chamber of Commerce, he stated that they were in favor of Those wishing to speak in opposition to this bill: David Frank, 50520 Burtonwood Drive, South Bend, IN, stated that the majority of the people in our community are against it. because they feel as though not only are people not listening, bi because they feel as though they have no voice. I just think that here. I don't think that we can come up with the truth on this is,, making process. Now, this issue is injected in the County. The I people like you about $1,600 a month to represent them. They about $38,000 a year to represent them. It's the people in the C( 14 that because I have heard from over on the other side of the bill, proponents and stated that he is excited for ;a stated that this is a first -rate y projects and working closely at demand for opportunities in there. Speaking on behalf of s development. I'm against it because I know think that they are frustrated I think that they are frustrated ve have a systemic problem, to if you have a faulty decision - -ople in the County pay nine (9) so pay three (3) commissioners arty that are going to be affected REGULAR MEETING FEBRUARY 13, 2017 by this issue, not the City. I believe that if you people lived in the County, and you were going to be affected by this issue, you would be very disheartened, frustrated, disgusted that people who don't even live in the County, that won't even be affected by this issue, are going to simply raise their hand and go, "Well, we've decided we're going to change your livelihood out here. You're not going to be able to ride bikes anymore, and your kids aren't going to be able to ride bikes anymore, because there are going to be trucks rolling down the road, now." These people want a voice. They have no voice. Mr. Frank asked the Council if they would allow residents of German Township who were present to raise their hands if they were against the issue, such that the Council could see how many there were. He then asked for those residents of German Township who voted any of the Councilmembers into office to raise their hands. Seeing none, he stated, Nobody voted for you. You don't represent anybody. I think that anybody that is sitting up here, that understands the process at all, would say that this is totally unfair and that the only way that you can resolve this issue fairly is to ask the people that are being affected. Why don't we bring our decision - making process into the 21 sc Century? Carol Hitchman, 51719 Mayflower Road, South Bend, IN, stated, Since the industrial park has gone in that area, our crime rate has gone up. In the last five (5) months, there have been major break -ins throughout our area and in the immediate area adjacent to the industrial park. She stated that those in her community valued peace, quiet, and nature highly. She stated, The area out there does not support the type of traffic that's being asked of it. She stated that the few trucks going in and out of the building would not bother her so much as the several hundred cars going in and out of the building. She stated that the development is slated to have three - hundred (300) parking spots. Ms. Hitchman pointed out that if two- hundred (200) cars show up per shift, that would mean that at some point there would be four- hundred (400) cars at a particular point of the day, with one - hundred (100) of them unable to park. She asked, Where are the additional hundred (100) cars going to go? There are no streets for them to park on. Ms. Hitchman paused as if awaiting a response, then stated, If you don't have an answer for it, how are we supposed to figure out where we are supposed to be? If you have not taken into account all of the impacts of this project, I don't see how you can possibly approve something like this. Will Davis, 23267 Adams Road, South Bend, IN, pointed to the displayed site plan provided by the petitioner to show to the Council and public where he lives in relation to the proposed development. Mr. Davis stated that he and his fiancee love their home, explaining that he researched the area before they made their home purchase. He stated that everything about the zoning of the site looked good to him when he decided to move into the neighborhood. He stated that what he saw in the site was a giant area that could be renovated into something like a park or a golf course, and the area behind his house, on the east side of Mayflower Road, could be another neighborhood. He stated that there would be a big problem with traffic flow and that there would be a lot of condensed semi - trucks, and that people trying to get to work on the east or west side of Adams Road would be inhibited. He stated that he had proposed to the petitioner that they offer those residing in a particular quadrant —which he pointed out for the Council and public —be offered a buy -out so that they would not have to see the facility every day, arguing that the proposed landscaping measures would not sufficiently obscure it. Mr. Davis concluded by reiterating his preference for a park or golf course and asking, Why not increase property values over here by doing something nice for people who live in this area already? Randall Chrobot, 24554 Rolling Oak Drive, South Bend, IN, stated that he had, on the previous Thursday, sent each member of the Council an email outlining his objections regarding the negative effects of the proposed rezoning. Mr. Chrobot stated, I'm not going to take the time to reiterate those concerns, but I would like to make a few additional comments. He stated that he objected to the rezoning of the property to Light Industrial, arguing that rezoning it as such would compound the traffic problem. He called to question the notion that this site is only visited daily by four (4) or five (5) trucks, stating that it struck him as illogical that this is the only site with four (4) or five (5) trucks that has access to the bypass. He brought up the study on Adams Road, referenced by Mr. Smoke in his earlier exchange with Councilmember Davis, stating that the study was done west of Orange Road and had no relevancy to the area in question. He stated that notices were sent from the City to residents within three - hundred (300) feet of the proposed rezoning, but that German Township residents were not aware of any developments until the last minute. He stated, There has been discussion about the meetings that German Township and 15 REGULAR MEETING Great Lakes had. There was absolutely no agreement; there was German Township residents in those meetings; there was nothin; people live in German Township, therefore they're not affected — negative effects that are going to occur. Mr. Chrobot also stated point that building a roundabout on Adams Road could help soIN that that did not make sense. He asked, How are you going to pu going to handle multiple semi - trucks in one lane...? Mr. Chrobo against the bill, stating that this was not about business but about Township. [First Name] Zmyslo, 51042 Prairie View Way, South Bend, IN president of the German Township Neighborhood Association. T development were proposed within the City limits and was surrc residential streets, it would have never been voted for by the Cit in mind. We do not have a voice. If we were in the City, though, would not vote for this. Mr. Zmyslo stated that no matter what c Council and the petitioner, there was no changing the fact that rf devalued, that the development would bring noise, traffic, trash, residential County neighborhood like the one in question, it wou build shorter, low- density buildings to buffer the area, blocking foot buildings such as the proposed. He concluded, I would ask another look at it. FEBRUARY 13, 2017 [o allaying of concerns of accomplished. None of those they are immune to the zat it was suggested at some the traffic problem, and he felt a roundabout there that is urged the Council to vote the people of German stated that he was the past 1r. Zmyslo stated that if a added on three (3) sides by Council. He stated, Keep that and we voted for you, you )ncession was offered by the sidents' property would be and crime. He stated that in a .d have been a good idea to ' om view things like fifty (50) ,ou to please table this and take Jesse Davis, P.O. Box 10205, South Bend, IN, agreed that members of the Council would not vote for this in their neighborhoods. Mr. Davis stated that County residents had no voice, arguing that, for the most part, the communities represented by the Council have no say in the Council's decision - making. He stated, You have no clue what they want ol. what they don't want, because a lot of them don't want to waste their time coming here, because hey feel they don't get listened to. You can't even hold the capacity crowd here to hear the voic s that people should be bringing here to you. He criticized the fact that remote voting via cell phones had not been adopted, stating that hundreds of thousands of votes on any issue, including this one, could be immediately given. He stated that he heard the Mayor state that e majority of the community wants the bill in question to go forward. He stated, I guarantee you I can talk to hundreds of people in the community who were never contacted about this specific thing that the Mayor said the majority of the community wanted. He insisted that the remote voting system be implemented so that the Council could be better held accountab for their decisions and so that t people like those in the County could be heard. , Wendy Walsh, 51180 Orange Road, South Bend, IN, stated that he problems with the area's roads need to be well evaluated before any buildings are added. Ms. Walsh recommended that if this goes through, trees should be planted immediately without waiting for actual construction to begin. She stated that when the developer asked if they could be present at the German Township town hall meeting, they were welcomed to join the proceedings in turn, the developer only invited a few residents to be present at their own meeting. She stated, I heard you commend the developer for reaching out to us, but he really only reached out to the people directly impacted, and the rest of us have to deal with it. Ms. Walsh stated that those living where she does are landlocked between two large, busy intersections, and that she does all of her shopping and eating out in Michigan because there is nowhere to go in her area. She stated, We should be working together to make improvements within the City of Sout Bend. You guys have industrial parks with property available and the reason they don want to buy that is because this is cheaper. By letting them have this property for a better price, vhat benefit is that to the City of South Bend? Jeff Nicholas, 23821 Adams Road, South Bend, IN, stated, that on the west side of the site in question. Mr. Nicholas stated that should this project go forward. He asked why he could not be g: buffer from the site instead of fifty (50) feet. Like the other CoL Mr. Nicholas worried about traffic. He urged the Council to tab the people living in the area. He stated, It's not the right area at 16 is the closest property owner would be forced to move -n three - hundred (300) feet of .y residents who had spoken, the bill, asking them to listen to e right time. REGULAR MEETING FEBRUARY 13, 2017 Robin Vida, 50432 Righter Lane, South Bend, IN, stated that there were no walking options on Adams Road for her and her son. Ms. Vida stated, The last thing we need is exactly what everyone's been talking about: we don't need more large buildings. Nimtz Parkway has ample space, I feel. As I drive it, I see very nice buildings that no one's ever actually utilized to their capacity. Ms. Vida recommended sidewalks and biking paths as a way to make things easier. She stated that if she had known that this development was coming, she would not have purchased her first home in the area. She asked for the bill to be tabled or abandoned, stating, They need to leave the northern part of the City into the County alone. Debbie Green, 50268 Righter Lane, South Bend, IN, asked, Who is paying for the roads that need to be done before you do any of this? The City? Ms. Green urged that the roads need to be fixed before this project goes forward. She asked if any of the businesses going into the proposed building would get tax abatements. She stated that anyone signed on for a five (5) year tax abatement should be required to sign on for another ten (10) years, otherwise those businesses will leave and there will be nothing but empty buildings. She asked the members of the Council if any of them had been to and seen the area. She encouraged them to do so, stating, You don't live out there. You have no clue. Mr. McMorrow returned to the podium and stated, Back in 2005, the petition was made not only to rezone this particular property, but to annex it into the City. So, these properties were owned by the County. One of the things that Jeff and I heard at the German Township Public Library was that there never has been a problem with the public finding out about what's going on. This whole process in 2005 and what we are experiencing now has come with a lot of public attention. I honestly think that's a good thing. Corbitt Kerr and I are going to work very closely on making sure that this intersection is designed appropriately to be safe. One of the comments Mr. Nicholas made about the three- hundred (300) foot offset: we talked about that at the public session at the library. What we are trying to do is promote that north -south traffic and not allow that traffic east and west. When moving that road any place, it can't be closer to the bypass, because that will do one (1) of two (2) things: it would forever eliminate the possibility that there's an interchange there, or deny access to the property, because most of us agree that it shouldn't be on Mayflower right now. Regarding the parking count, there's staggered shifts at CTDI. There aren't two- hundred (200) people per shift, so they manage that so that there are never more people in the building than there are parking spaces. Mr. Smoke added, Overall, there is less than two percent (2 %) vacancy in St. Joseph County for industrial buildings like this. There have been a lot of comments tonight about business going elsewhere —there aren't any other buildings around right now. This is the only location that can handle a building like this and the tenant would like the visibility on the highway. That is one of their big priorities, to have the advertising and branding ability of the bypass. They looked at sites along the toll road, and they didn't work out. South Bend is known for its distribution capabilities and its capabilities to reach a certain amount of population within a twelve (12) hour drive. I think it only makes sense to recognize that and help it grow and foster. Councilmember Karen White stated that the conversation between the developer and the neighborhood had only begun and needed to continue. Councilmember White stated that there was not much room in any other part of the City for a development of this scope. She assured those residents of the County who were present that the Council does listen to them, even if it does not seem as if they do. She stated, I think it will work itself out. Councilmember White encouraged the developer to continue to have conversations with the neighbors, the City, and the County, especially given the infrastructure concerns brought up over the course of the evening. Councilmember Tim Scott stated that he agreed with everything that Councilmember White stated. Councilmember Scott added that a duty that the Council has within the City is to maximize the developments and the property within the City. He stated that this was an issue of borders between the County and City, and that the best thing that can be done is to look at how those transition lines are. He stated that zoning decisions always leave a certain number of people unhappy, but that the good thing that comes out of these proceedings is conversation on topics such as improving streets, etc. He stated that maximizing these pieces of property that have been a part of the City for a long time was necessary to bringing revenue to the City to fix things like roads. Councilmember Scott stated that Elkhart County would die for a project like 17 in REGULAR MEETING FEBRUARY 13.2017 this, as they have none like it. He stated that he w uld support t s bill, with conditions to be listed when a motion was made. Councilmember Oliver Davis stated that he appreciated hearing J,ioni everybody. Councilmember Davis stated that County residents have to deal ith not only South Bend, but Michigan. He asked, though, Do you really have a voice in Michigan, when Michigan is your backyard? You never vote for anybody there at all, but their decisions in the State of Michigan affect you more than anyone else in this whole area, because yoL r backyard is Michigan. When you live on the border, you deal with a lot of these different things. That creates a huge challenge. He stated that there was difficulty in trying to balance neighborhoods with business development in the City. He stated that the changes to the propo ed project by the developer, in response to comments from neighbors, was a sign that people arc! listening. He stated that if the Council delays this for another thirty (30) days, the question he has is, "What are we going to accomplish? What more have we not heard that we would heart en ?" He stated that it would be good to hear input from the County commissioners on how to so ve the traffic problem in the area and encouraged County residents to pressure their represent tives to engage in dialogue with the City Council. j Councilmember Gavin Ferlic stated that he was thankful for evei one who was present and that he was especially thankful that everyone kept the conversation respectful. Councilmember Ferlic stated that this was an opportunity to retain jobs in the communit y and add one - hundred and fifty (15 0) well - paying jobs. He encouraged the developer to continue engaging with the neighborhood and to continue to work through the traffic issues. Councilmember Dr. David Varner stated, The dilemma we alwa that, invariably, somebody leaves happy and somebody leaves u yourself to the fact that that is going to happen. Councilmember has been slated for this sort of development since 2005, and ther anyone. He stated that the problem with the plan is that it does n happens, and only once it happens, then the issues that come up feel badly that we can't keep everybody happy. I feel badly that evening, we had a zoning request where the parties managed to i everyone walked away happy. When it happens like that: great. benefit the City of South Bend to the extent that we can do that. east of the bypass, within the City limits, as a benefit that we nee Hopefully, this will get more like - development in the same area. friends by sending business out of town and telling them to work Councilmember Jo M. Broden stated that the rezoning of this pr( consistent with the original plan from 2005, and that it was a log going on to the south, across the road. Councilmember Broden s something that the Council and City needs to work hard on, and spent on infrastructure must be informed by studies. She stated,' crossing issues from Dylan Drive to this property, and I think th, to the northern area of the segment. Councilmember Broden add Cleveland Road have been longstanding. She stated, I will coma NACOG, and will work with City Administration to see what w( traffic concerns and safety issues that this type of development b Councilmember Randy Kelly stated, Had that PUD not expired, The developer wouldn't have needed to have met with neighbor offered these concessions. This Light Industrial zoning does not not allowed before, but for a hotel. There is really very little cha Perhaps this is why PUD's no longer expire. This was a PUD th upon with community input in 2005. This, again, is nothing diff s face with zoning issues is set. So, you have to reconcile )r. Varner stated that this area fore was not a surprise to t mean anything until it an be dealt with. He stated, I iere isn't an answer. Earlier this nd a solution where it looks like Then it doesn't, our charge is to see the continued development 1 to foster and continue. We don't make too many somewhere else. )erty to Light Industrial was ,al extension of the activity ited that the traffic problem is Zat decisions regarding money here are certainly some it would open up the potential d that the problems with I to my work as a member of can do to alleviate some of the e would not be here tonight. would not have needed to have rohibit anything there that was ,e with regard to this area. was talked about and decided -nt. I am in support. Councilmember Regina Williams- Preston stated that she nearly ught a home in the County, but turned away due to warnings about upcoming development iii the area. Councilmember Williams- Preston stated that she sympathized with the concerns of County residents, and that that would color her vote on the matter. She stated, I think what I'm noticing a lot in my short 18 REGULAR MEETING FEBRUARY 13, 2017 time on the Council is that we hear a lot from the community that, honestly, as representative people in the government —and even oftentimes in the Administration —we listen, but we don't really act in favor of what we are hearing. I don't think that we are as responsive as we could beI'm thinking about the West Side Main Streets plan and how that went forward with so much remonstrance, or the smoking ban, or making an abandoned housing process happen. Councilmember Williams- Preston stated that City decisions have often leaned in favor of research. She stated, Which is really important —what the research says, what the consultants say —but something has to be said for the user experience. She stated that this has come to bite the City back, even one (1) year out, citing the traffic light at the intersection of Michigan Street and South Street —a traffic issue, not unlike what has been brought up over the course of the evening. She stated, We know that a young boy was actually killed in an unfortunate traffic accident, but it was directly related to something that the research said was okay but the people who lived in the neighborhood said, "This is not going to work." For two (2) different bills tonight I've heard, "What about the traffic? What about the traffic ?" So, that's weighing on my mind, too. She stated that having to make decisions on bills on the same evening as they are read and discussed was not necessarily always good. She stated that there is also sometimes a good deal of information that the Council has that the public does not have, and that she thinks there needs to be something done about educating the public appropriately. She stated that she would most likely vote against the bill. Councilmember Tim Scott made a motion to send Bill No. 78 -16 to the full Council favorably, conditioned upon four (4) written commitments: no access to Mayflower Road; no off - premises signs; if any structure is located within three - hundred (300) feet of Mayflower Road, Type -C screening shall be required in front of the residential buffer yard, otherwise partial screening shall be required once the site develops any additional structures; and an enhanced landscape buffer at Dylan Drive. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Regina Williams- Preston). 07 -17 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: E/W ALLEY FROM EAST RIGHT OF WAY OF LAUREL STREET A DISTANCE OF 144 FEET AND WIDTH OF 12 FEET, NORTH OF THOMAS STREET AND SOUTH OF WASHINGTON STREET 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. Jonathan Cook, 63460 Orange Road, South Bend, IN, served as the presenter and petitioner of this bill. Mr. Cook stated that he is the Chairman of the Campus Cleaning Committee for the History Museum. He stated that the part of Jefferson Street that was left in the area was a remnant of when the building was constructed. He explained that there is a half -alley used by homeowners living adjacent to the alley, as well as the museum. He stated, We have come to the conclusion that the current situation works. Everybody is happy with a half - alley, so we are only asking for a vacation of Jefferson Street. Brandon Anderson, 808 West Washington Street, South Bend, IN, continued the presentation of this bill. Mr. Anderson stated that he is Deputy Executive Director of the History Museum. He asked the Council to follow along with him on the map that he provided them. He stated, #18 is the alley, and you can see how that is continuous with the property; how it connects with all of our property that we received in 1980, with the mansion, and then opening up our History Museum in 1994, on the west of the property. So, # 18 would allow for the continual expansion of the site, which would in the future allow for us to be able to move, possibly, a historic building. Councilmember Oliver Davis made a motion to send Bill No. 07 -17 to the full Council with a favorable recommendation. Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9) ayes. 19 REGULAR MEETING RISE AND REPORT Councilmember Tim Scott made a motion to rise Regina Williams- Preston seconded the motion wl REGULAR MEETING RECONVENED report to FEBRUARY 13, 2017 Council. Councilmember carried by 14 voice vote of nine (9) ayes. Be it remembered that the Common Council of the City of Council Chambers on the fourth floor of the County -City t Tim Scott presided with nine (9) members present. BILLS — THIRD READING 77 -16 Bend reconvened in the at 9:46 p.m. Council President THIRD READINU ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3720 LINCOLNWAY WEST, COUNCI ANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Gavin Ferlic made a motion to accept Substitute Bill No. 77' 16. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. I Councilmember Gavin Ferlic made a motion to pass Substitute j ill No. 77 -16, subject to modifications and the written commitment to pursue and use bet efforts to obtain a setback variance of thirty -four (34) feet. Councilmember Oliver Davis s conded the motion, which carried by a roll call vote of seven (7) ayes and two (2) nays (Councilmembers Regina Williams - Preston and Tim Scott). 78 -16 THIRD READINC ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOC TED AT A 119.89 ACRE TRACT OF LAN NEAR THE CORNER OF MAYFLOWER ROAD AD AND ADAMS ROAD ABUTTING THE ST. JOSEPH VALLEY PARKWAY, CO CILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to pass Bill No. 7 16, conditioned upon four (4) written commitments: no access to Mayflower Road; no off -pre ises signs; if any structure is located within three - hundred (300) feet of Mayflower Road, Ty e -C screening shall be required in front of the residential buffer yard, otherwise partial screenin shall be required once the site develops any additional structures; and an enhanced landscape buffer at Dylan Drive. Councilmember Gavin Ferlic seconded the motion which carrie by a roll call vote of eight (8) ayes and one (1) nay ( Councilmember Regina Williams-Presto r). 1 07 -17 THIRD READIN ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: E/W ALLEY FROM EAST RIGHT OF WAY OF LA REL STREET A DISTANCE OF 144 FEET AN WIDTH OF 12 FEET, NORTH OF THOMAS STREET AND SOUTH OF WASHINGTON STREET Councilmember Gavin Ferlic made a motion to pass Bill No. 0 17. Councilmember John Voorde seconded the motion which carried by a roll call vote of nine (9) ayes. 20 REGULAR MEETING RESOLUTIONS 17 -01 FEBRUARY 13, 2017 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 23464 ADAMS ROAD, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR GLC SBDC II, LLC Brian Pawlowski, the Department of Community Investment, with offices on the 14th Floor of the County -City Building, served as the presenter and petitioner of this bill. Mr. Pawlowski stated, This is confirming that there have been no changes. The location of this would be to the south of Adams Road. 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 wished to speak in favor of this bill. Those wishing to speak in opposition to the bill: Kathy Bieschke, 24440 Adams Road, South Bend, IN, asked why the property in question would have an Adams Road or Mayflower Road address if it does not have access to either of those roads. Ms. Bieschke also asked why it would have a five (5) digit address if it is State property, and stated that she proposed that this was an incorrect address. She asked, If this is supposed to be an Economic Revitalization Area, is that an accurate depiction of that property? She stated that tax abatements represent preferential treatment toward developers, and that businesses will just leave when the abatements end. Mr. Pawlowski returned to the podium and stated, When buildings do not yet exist and we are talking about the general vicinity of where the building will go, then the description ends up being something that looks a lot like this, where the building is set to go in a certain parcel. That is what we use until the address can be changed later on down the road. Rich Deahl, Barnes and Thornburg, 100 North Michigan Street, South Bend, IN, thanked Mr. Pawlowski and the Department of Community Investment for the presentation of this resolution. Mr. Deahl stated that he anticipated that the address for this would be a Chet Waggoner Drive address, which is the newly constructed street serving this area in the southeast quadrant, when a building permit is eventually pulled to facilitate this investment. He stated, This investment is an effort to support and further the City's focus on having build - ready, site -ready buildings for occupants to come into on a quick basis. So, this is a total spec building with a proposed investment of over $7,700,000. Through the tax phase -in, what we are anticipating is converting what is tax revenue that would be paid on this land over the next nine (9) years of maybe topping $25,000 to having tax revenue that will phase -in to over this period of having taxes paid over $1,200,000, with a stable base selling both lower bases from there. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17 -01. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 08 -17 FIRST READING ON AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 3, SECTION 21 -03 OF THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW SUB- PART 21- 03.06(b)(4)(C) TO INCREASE THE 21 REGULAR MEETING MAXIMUM BUI1 IN CBD DISTRIC FEBRUARY 13, 2017 ,ING HEIGHT PERMITTED 3 LOCATED BETWEEN THE ST. JOSEPH RIVE AND THE EAST RACE WATERWAY Councilmember Gavin Ferlic made a motion to accept Substitute Bill No. 08 -17. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. I Councilmember Gavin Ferlic made a motion to send Substitute Bill No. 08 -17 to the Area Plan Commission for a meeting on February 21St, 2017, and the Zonin g and Annexation Committee for Second and Third Reading on February 27th, 2017. Council ember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. 09 -17 FIRST READING N AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1237 & 1303 IRONWOOD DRI DISTRICT NO.4 BEND, INDIANA Councilmember Gavin Ferlic made a motion to send Bill No. for a meeting on February 21St, 2017, and the Zoning and Ant. Third Reading on February 27th, 2017. Councilmember Jo M. which carried by a voice vote of nine (9) ayes. COUNCILMANIC THE CITY OF SOUTH 17 to the Area Plan Commission ition Committee for Second and Dden seconded the motion 10 -17 FIRST READING N AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1905 E GOODSON COURT, COUNCI LMANIC DISTRICT NO. 3 IN THE CITY OF SO TH BEND; INDIANA Councilmember Gavin Ferlic made a motion to send Bill No. 10 17 to the Area Plan Commission for a meeting on February 21St, 2017, and the Zoning and Anne ation Committee for Second and Third Reading on February 27th, 2017. Councilmember Tim Sc tt seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS 17 -05 A RESOLUTION F THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A P TITION OF THE AREA BOARD OF ZONI NG APPEALS FOR THE PROPERTY LOC TED AT 1411 CARROLL STREET, LOTS 8 , 83, 84, HANEY'S ADDITION Councilmember Oliver Davis made a motion to send Bill No. 17 -05 to the Area Board of Zoning Appeals for a meeting on March 1 St, 2017, and the Zoning and Annexation Committee for Second and Third Reading on March 13th, 2017. Councilmemb Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. 7 NEW BUSINESS Councilmember Oliver Davis announced that he has been Councilmember Oliver Davis also announced a TRANSPO sun February 201h, 2017. He asked Councilmembers to email him a to see implemented in the next five (5) to ten (10) days. 22 to be on a dog park committee. t scheduled for Monda .h list of what they would like REGULAR MEETING FEBRUARY 13, 2017 Councilmember Oliver Davis announced that a Martin's Supermarket by Mayflower Road will be opening on March 23, 2017. Councilmember Dr. Varner announced that the organizational meeting for the Utilities Committee would be the day of the next Council Meeting, on March 7th, 2017. Councilmember Jo M. Broden announced that the Health and Public Safety Committee would be conducting an organizational meeting on February 20th, 2017, from 5:30 p.m. to 6:00 p.m. Afterward, there would be a Group Violence Intervention presentation from 6:00 p.m. to 7:30 p.m. Councilmember Broden suggested that March 1St, 2017 or March 6th, 2017 be calendared as potential dates to continue the discussion begun at the Health and Public Safety meeting on February 201h, 2017. Councilmember Jo M. Broden announced that the Solid Waste Management District approved $40 annual curbside fees with a no- household - hazards waste fee. Councilmember Jo M. Broden stated that the Commerce Center project would be coming back to the Council in the near future. Councilmember Broden intends to share letters with other Councilmembers, the Administration, and the news media, with an interest of a frank conversation: a request directly to the management of I &M, Mr. Toby Thomas. She encouraged the other Councilmembers to join her and Councilmember John Voorde. She informed the Council and public that there would be a public meeting to be held on Thursday, February 2017, from 5:30 p.m. to 7:30 p.m. at the Century Center, where an open house will be hosted outlining plans for the over two - hundred (200) additional affected customers. Councilmember Regina Williams- Preston asked Clerk Kareemah Fowler if the Community Relations Committee had secured the first Wednesday of the month for meetings. Clerk Fowler stated that she thought that she had heard as much, but was not sure. Clerk Fowler, for a short time, explained the conventions for setting a meeting date, and the two decided to set a date at a later time. Councilmember Regina Williams- Preston asked how she could get an update on Olive Street and Sample Street. Councilmember Tim Scott explained that she should consult the Department of Public Works; through Eric Horvath and Jitin Kain. PRIVILEGE OF THE FLOOR Jasmine Brown, 230 Sadie Street, South Bend, IN, stated that a term that needed to be given up in 2017 was "tax abatement," arguing that, in light of the revenue shortfalls the Mayor referenced earlier in the evening, the City needed to make money now instead of hoping to make some later. Ms. Brown thanked the Council for extending WNIT public access television. She stated, My understanding is that it's only for one (1) year. We deserve more than one (1) year. This is our public access site for the community. This is an opportunity for the public to be heard. If there is any consideration in the near future that you guys have on this, I would like you to extend the contract for longer than that. You asked us to exercise our voices: that's one way I exercise my voice. She stated that she has participated in a program on public access for upwards of three (3) years. Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, When you do what is right — and you do so on December 12th, 2016...I did what was right. I did what was required of me. I came in, addressed the Council, told them what I wanted to do— nobody got back with me. This should have been taken care of. I came to the Council, I did what was right. I didn't appreciate having to wait almost two (2) months, or whatever it was, to have this addressed. Let's move on. The Clerk's Office: I'm in and out of that Clerk's Office all the time. Once again, I went to the Clerk's Office and did what I had to do, got this letter time stamped, but it says right here —and this is the part I don't particularly appreciate —it says, "Sitting on the Human Rights Commission is a very serious commitment." I haven't missed a meeting, I always go early; anytime they want me to take a case when everybody is ducking out saying they have someplace to goI think the attorney for the Human Rights Commission can testify that Sam Brown raised his hand and said, "I will be available." I work hard at what I do. I take everything I do very seriously. Contact Sam Brown, but don't send me these letters that I don't really have no control 23 REGULAR MEETING over. I will read this —what is asked of me, I will o that. Get t because I talked to him all the way through this. If I need to be there. Let's get it done. Wayne Brudzinski, 5414 West Sample Street, South Bend, IN, and the current Commander of the American Legion Post 357. T Legion counted six - hundred and eighty (680) residents as memt asked that the Council worked with members to find a solution 1 recent smoking ban. He stated that the smoking ban has adverse FEBRUARY 13, 2017 letter to Mr. Lonnie Douglas, )m in again, so be it, I'll be ted that he is a military veteran Brudzinski stated that the •s or associate members. He the problems caused by the affected business and has made it hard to service members in the community. He stated th4t if profits drop much more, the Legion will have to close. He asked that if the Legion could not be granted a waiver that it be allowed to de -annex from the City, as the property is at the very'edge of the City limits and so the City would not suffer any negative consequences due to losing the Legion. Thomas Klempay, 1122 North Ironwood Drive, South Bend, IN #, stated that he is the Finance Officer of the American Legion Post 357. Mr. Klempay stated tl�at when he first started, around four (4) years ago, the Legion was donating around $2,000 a year. Last year, the Legion contributed $46,000. He stated that in January 2016, their incom was $57,675; in JanuM 2017, it went down to $47,089. Net income for the month of Janu 16 was $250, with donations of over $3,000. At the end of January 2017, they had - $6,337. He s ated that that was a 2567% decrease in overall net ordinary income. Mr. Kemplay stated, Al this rate, my recommendation to my board at the end of January was that if things do not change and we are trying to find other ways to gain revenue —we would post a For -Sale sign on the front of the building. We still have a mortgage on the building, and we still have to pay it back to 1,' Source Bank. Dave Wesolowski, 56956 Oak Road, South Bend, IN, stated tha Legion Post 357. Mr. Wesolowski stated that American Legion: amongst their members veterans from nearly every modern war there are certain privileges that they have earned through their s Council look into making American Legions the exception to th Jerry Niezgodski, 1113 North Elliott Street, South Bend, IN, st, on the street work done on Jefferson Boulevard and on north to be sought out so that these streets can be fixed. ADJOURNMENT There being no further business to come before tle Council, meeting at 10:26 Vim. 24 he is a member of the American are unique in that they count and these members feel that .crifices. He asked that the smoking ban. that if there is any warranty 'alle Avenue, that it needs to Tim Scott adjourned the