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HomeMy WebLinkAbout05-08-17 Council Minutes REPORT OF SUB-COMMITTEE ON MINUTES TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: THE SUB-COMMITTEE HAS INSPECTED THE MINUTES OF THE May 8,2017 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: TIM SCOTT ID VARNER APPROVED BY THE COMMON COUNCIL ON: May 22, 2017 ATTEST: EMAH FOW ER,OTY CLERK REGULAR MEETING MAY 8, 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, May 8th, 2017 at 7:0012.m. The meeting was called to order by Council President Tim Scott and the Invocation was given by Karen White, Member, At-Large, of the Common Council of the City of South Bend, and Pledge to the Flag was given. ROLL CALL COUNCIL MEMBERS: Tim Scott 1"District, President Regina Williams-Preston 2nd District Randy Kelly 3rd District Jo M. Broden 4th District Dr. David Varner 5th District Oliver J. Davis (Late) 6th District, Vice President John Voorde At-Large Gavin Ferlic At-Large, Chairperson Committee of the Whole Karen L. White At-Large OTHERS PRESENT: Kareemah Fowler City Clerk Jennifer Coffman Chief Deputy Clerk Alkeyna Aldridge Deputy Clerk Graham Sparks Executive Assistant Clerk Aladean DeRose Interim Council Attorney Adriana Rodriguez Legal Research Assistant REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Karen White made a motion that the minutes of the April 10th, 2017, and April 24th, 2017 meetings of the Common Council be accepted and placed on file. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS 17-23 A RESOLUTION FO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING THE RILEY HIGH SCHOOL 2016-2017 BOYS' SWIM TEAM ON A SUCCESSFUL SEASON AS CITYWIDE,NORTHERN INDIANA CONFERENCE(NIC), AND SECTIONAL CHAMPIONS CO UNCILMEMBER OLIVER DA VIS ENTERED THE COUNCIL CHAMBERS. THE QUORUM IS SET AT NINE (9). Councilmember Tim Scott, 711 Forest Avenue, South Bend, IN, served as the presenter of this bill. Councilmember Scott called the Riley High School boys' swim team to the podium and read for the Council and public the text of the resolution. 1 REGULAR MEETING MAY 8, 2017 John VanDriessche, coach of the Riley High School boys' swim team, 205 Wrenwood Trail, North Liberty, IN,thanked the Council for the honor of being recognized this evening, stating that he was very proud of his team. Brett Maurer, captain of the Riley High School boys' swim team, 52384 Hollyhock Road, South Bend, IN, stated that he was a part of the South Bend Swim Club and decided to attend Riley High School because he wanted to swim for Coach VanDriessche. Mr. Maurer stated that it was one (1) of the best decisions that he ever made. He praised his team-members, stating, Just to be able to be on the team, this season has been a tremendous honor. It has been one (1) of the greatest seasons in all four (4) of my years. Those from the public wishing to speak in favor of this bill: Bob Falcon chanted, 2-4-6-8! Who do we appreciate? Wildcats! None from the public wished to speak in opposition to the bill. Councilmember Regina Williams-Preston stated, Congratulations on a fantastic season. I noticed you have quite a few youngsters that are going to be coming back, so we look forward to seeing you again next year. Congratulations. Councilmember Randy Kelly stated, I was a proud Adams Eagle back in the 70's. There was a fierce swim team rivalry between Adams and Riley that was epic. We really admire you guys for keeping that respectability and honor with Riley. Well done. Congratulations. Councilmember Jo M. Broden stated, Coaches, thank you for this magnificent tradition that you have crafted at Riley. The number of hours that you spend in the pool is just phenomenal. To you fellows: terrific. I'm assuming it's early morning workouts, all year-round. So, great work, staying with the sport, giving your heart to it. It's wonderful to see these types of results. I would be safely guessing that you are not only athletes that are having success, but you are also student athletes and you're doing well in the classroom. So, thank you for balancing that, and your leadership at Riley High School—not only in the pool, in this sport, but academically. Congratulations to you and best wishes to the seniors who are graduating. I hope you continue. This is a lifetime sport that you have been gifted with. Hopefully, some of you will go on in college and participate intramurally, or maybe even a team level there. So, good luck with that, as well as with your academics. As fellow Councilmember Regina Preston said, we have a lot of work to do ahead, over the summer, in keeping the tradition going. Congratulations, and best wishes as you go forward. Councilmember Dr. David Varner stated, Well, certainly congratulations to you. It's difficult for any institution to maintain any sort of tradition. It's a moment to enjoy your success. When you get a chance, really take a chance to thank your parents, because I know somebody was driving you, I know that they spend hours. I know that the coach appreciates that. I also know that you are being led by a great bunch of people. Take that and add it to your life experiences. Much success. Councilmember John Voorde stated, I would just like to echo what my colleagues have said. I know that it takes a tremendous amount of stick-to-it-ness from both the parents and the team. Congratulations on your success. In my day, Riley was known for two (2) things—and that goes back a ways: swimming and golf. It's nice to see you continue the tradition. Councilmember Gavin Ferlic stated, Congratulations and have a great season. Councilmember Karen White stated, We would like to thank all the students,the swimmers, the coaches, the leadership at Riley High School. It's just amazing how you, the coach, and also the students that are under your leadership—that you have been able to sustain that long history of tradition, but also success. We thank each and every one of you. You've made South Bend proud. And the parents: we thank you for sharing your students, not only with the coach, but also with Riley High School. Thank you so much. Councilmember Tim Scott stated, I love swimming. Swimming is just a great exercise. It's a great motivator,too, because when you stop swimming—what happens?—you sink. So you have to get that going and get better. These resolutions go in the City records. Your names are always 2 REGULAR MEETING MAY 8, 2017 going to be in the City records, from here until eternity. You are a part of history, a part of South Bend. We appreciate the accomplishments that you guys have done, and we honor that. You are part of history. Congratulations. Councilmember Oliver Davis stated, I would like to also echo the comments that all of my colleagues have said. I was really impressed with your captain when he said that he came because he wanted to go to school and be under your tutelage, Coach. It's amazing to see what the power of influence can have on a young person. I would like to thank all the parents who have come out here tonight and who have been a supporter of them. We are very pleased to have you tonight, and it's an honor to honor you tonight. Councilmember Dr. David Varner made a motion to adopt Bill No. 17-23 by acclamation. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS OF CITY OFFICES Representing the City Administration: Suzanna Fritzberg, Deputy Chief of Staff RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:19 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Gavin Ferlic, Chairperson,presiding. Councilmember Gavin Ferlic explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. PUBLIC HEARINGS BILL NO. 21-17 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST/WEST ALLEY NORTH OF WESTERN AND SOUTH OF WAYNE RUNNING APPROXIMATELY 118' FROM THE EAST RIGHT-OF-WAY OF SOUTH TAYLOR STREET Councilmember John Voorde, Chair of the Public Works and Property Vacation Committee, reported that they met this afternoon and send this bill forward without a recommendation. Kevin Baumgartner, 315 South Taylor Street, South Bend, IN, served as the presenter and petitioner of this bill. Mr. Baumgartner stated, We would like to take the alley and make it a driveway for our house. Mr. Baumgartner referenced an image of the alley contained in a packet distributed to the Council by Deputy Clerk Alkeyna Aldridge. He stated that the alley is right next to his house. He stated that the alley would be paved and that a chain link gate would be placed at the back of the alley, for access. Mr. Baumgartner stated, We did do this in 2004; we did get an approval at that time. The company that was next to us—the telecommunication company—did not have a driveway, so they needed that, and they were afraid to allow us to just take the alley as our driveway. They have since put in a driveway, and we have contacted them and in the letter, which is in the packet, they are very favorable of us just taking it, for privacy and security. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 3 REGULAR MEETING MAY 8, 2017 Those wishing to speak in favor of this bill: Shelly Baumgartner, 315 South Taylor Street, South Bend, IN, stated that she is in complete agreement with her husband, Mr. Kevin Baumgartner. Ms. Baumgartner stated that the alley is unkempt and unsightly, and that it would be an improvement to the neighborhood to have to converted into a driveway. Those wishing to speak in opposition to the bill: Tim Corcoran, Director of Planning, Department of Community Investment, with offices on the 14th Floor of the County-City Building, South Bend, IN, stated that the City of South Bend is the primary owner of the alley and that it is currently in the interest of the City to maintain access for potential future development. Kevin Baumgartner returned to the podium for a rebuttal. Mr. Baumgartner stated, I guess I don't see how an alley next to the property for future access could help the City or why they would want a throughway right next to the house. Again, they are not taking care of it, and they haven't taken care of it for twenty (20) something years. Councilmember Tim Scott asked Mr. Corcoran, So, the City is not connected to this alley in any way? Mr. Corcoran responded, There's a north-south alley that terminates at an east-west alley. Councilmember Scott asked, You say "for future development"—what timeframe is that future development? Mr. Corcoran responded, It's unknown. Councilmember Oliver Davis asked Mr. Corcoran if there was any reason why the City has not taken care of the alley. Mr. Corcoran responded, I am unsure about what the City's commitment is to maintaining alleys. That is a Public Works question, I believe. It's probably maintained as much as any other alley. Councilmember Davis asked what the condition of the alley has been for the past year. Mr. Baumgartner stated that an image of the alley was included in the packet in the Council's possession. Mr. Corcoran responded, I don't know. I have not been to that alley recently. Councilmember Davis asked, So, the City has not paid too much attention to that alley? Mr. Corcoran responded, Correct. Councilmember Jo M. Broden asked Mr. Baumgartner at what date the photos were taken. Mr. Baumgartner responded,Approximately seven(7) days ago. Councilmember Broden stated, In these photos, I'm looking at an alleyway that's inundated with water on both ends, but I'm also wondering about its actual boundaries to your house. She asked, Has it extended into your property line? Mr. Baumgartner responded, I would say the alley has probably moved through the years from the original. The City did put in the concrete apron. Councilmember Broden asked, And does this align with that apron? Mr. Baumgartner responded, It would. If we were toI don't know the exact procedure, but I would just align with the apron myself. But I don't know if we need to find out the exact—being as the people next to us...I'm not going up to their fence or anything, but we would use the apron that's there and just go straight back, then. Councilmember Broden stated, In terms of our City development plans for that block, if I look to the south toward Western,there is no alley access. She asked, Am I looking at this correctly? 4 REGULAR MEETING MAY 8, 2017 Mr. Baumgartner responded, That's correct. At one (1)time, that was a Fred's Transmission and they had a big parking lot there, so the City would actually pick our trash up from the rear and just go through Fred's Transmission alley. Then, of course, they took all that out. Now the trash is picked up from the front. Councilmember Karen White asked Mr. Corcoran if the Administration would support the petitioner's request now, and if the Administration finds a new use for the vacated alley, they would have a discussion with the petitioner later. Mr. Corcoran responded, I believe once it's vacated, the alley then gets split in two (2). Half of the alley goes to the north and half of the alley goes to the south. That would then preclude us from—if that was the right location for an alley, and I'm not saying that in the future it would be—but we don't hamstring ourselves in the future if development around it needed something like that. Councilmember White asked, So, as of today, and in the near future, there are no plans for this land? Mr. Corcoran responded, Correct. Councilmember White asked, And there's nothing in the works?Nothing has even been discussed? Mr. Corcoran responded, Correct. Councilmember Gavin Ferlic asked, Would it make sense to grant a temporary easement to the Baumgartners? What would be your preference? Would it be to vacate this or would it be, potentially, a temporary easement, where they could use this for four(4), five (5), ten(10) years, pave it, have control over who goes in and out, and then it would revert back to the City at some given time? Does that make sense to potentially continue this and see if you can work out some sort of agreement on a temporary easement or some sort of use agreement? Mr. Corcoran responded, Generally speaking, I think we would like to always maintain control of property and right-of-way, as a preference of mine—and I believe it should be the preference of the City. I'm not sure if a temporary easement as you described could work, but I can look into that. Councilmember Scott asked Mr. Corcoran, Are you guys in any type of agreement with CS&L, or have any plans in the next one (1) to five (5) years to buy that property? Mr. Corcoran responded,No, we are not. But if they were looking to sell... Councilmember Scott responded, I understand that. He asked, Has this Council been fairly cooperative with the City if they wanted to redesign, remap, replat a city block like this? Mr. Corcoran responded, I'm assuming the answer to that is "Yes." Councilmember Regina Williams-Preston stated to Mr. Baumgartner, I thought I remembered that I had seen in a letter in here that the folks who own the property to the south—well, it says here that they agree to vacate their rights, giving all rights to you, if this process moves forward. She asked, And that's your understanding, correct. Mr. Baumgartner respon ded Absolutely. Councilmember Williams-Preston stated, So this is what came up in light of what I think you were saying, Mr. Corcoran, that if we do this and we want to buy it back, it splits but it sounds like there may be an agreement, and there's something in writing here about that all going to the one (1) owner. That was just a comment, thank you. Councilmember Broden asked Mr. Corcoran, With regard to this square block, does it fall into a corridor plan? Do we have a vision for this block or the adjacent blocks? Mr. Corcoran responded, I believe the southern portion of the site does fall within the West Side Main Streets Plan. The remainder of the block does not. The block was purchased and the properties demolished before my time, so I'm not exactly sure what the intent was at that time. 5 II REGULAR MEETING MAY 8, 2017 What I see, in terms of that parcel, is that it represents one (1) of the best opportunities that we have as a city to do something really creative and interesting there. I just don't want to make a decision now that prevents something potential in the future.Now, when that point comes, and if that alley is no longer needed, we are very happy to vacate any alley that we don't see as being necessary. Councilmember John Voorde stated, Let me defend the City Street Department. In the spring, the alleys are always in their worst condition because no one is going to be able to maintain them•all winter. From my experience working for the Street Department,this is the time of the year when the calls come in because an alley has potholes in it or has water standing—things like that. Alley maintenance for unpaved alleys is an ongoing, seasonal thing, so I don't think we should jump on the City for not particularly maintaining this alley. I would guess this alley is seldom used, by the look of it. I don't think the City ought to be incorporating or keeping it in advance or in limbo until you may or may not need it. I think if you envision what you're going to do with that block, you should just, in my opinion, forget this little twelve (12) foot wide alley and let the Baumgartners have it and improve it. Councilmember Broden stated she was leaning toward an easement solution that would allow for the City to smartly develop the area in the future. She stated, I guess I would like to be in the position of charging you both to go back to the table and work on this, and to figure out something that could work temporarily for all of us. Councilmember Dr. David Varner stated that unless the City was willing to purchase the alley, he sees this as an opportunity to make an improvement that may last for twenty (20) years if the Baumgartners' request were honored. He stated, If Mr. Baumgartner is going to make the improvements that he says he's going to make, that alone makes it worth our effort, because we have no plans in the near future. Councilmember Gavin Ferlic recommended, without making a motion, that this bill be continued for two (2) weeks to see if a temporary use agreement can be reached that benefits both parties. Councilmember Davis stated that the City does not currently have a plan for the alley but Mr. Baumgartner does. Councilmember Scott stated that in the business world, things cannot be run under the promise of future potential sales. Councilmember White stated that she agrees with her colleagues' comments and is ready to vote. Councilmember Oliver Davis made a motion to send Bill No. 21-17 to the full Council with a favorable recommendation. Councilmember Dr. David Varner seconded the motion, which carried by a voice vote of eight(8) ayes and one (1) nay (Councilmember Jo M. Broden). 23-17 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST NW ALLEY RUNNING N APPROXIMATELY 170' AND 14' WIDE FROM INDIANA AVE., W. OF HIGH STREET AND E. OF MARIETTA 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. Andrew Pich, 717 East Indiana Avenue, South Bend, IN, served as the presenter and petitioner of this bill. Mr. Pich stated that he owns the property next to the alley. Mr. Pich stated that intends to have off-street parking, since there is no parking space on his property. He stated, To do that, according to Code, I would have to have a break in the curb because of the alley, because I can't have parking off-alley. So, that would just be adding another curb and driveway through the whole lot. So, I would like to combine them and make it a little better. 6 REGULAR MEETING MAY 8, 2017 Councilmember John Voorde stated, I believe you are required, if you are having off-street parking, to have it on some form of pavement. You can't just park in a naked lot. 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 or opposition to this bill. Councilmember Karen White made a motion to send Bill No. 23-17 to the full Council with a favorable recommendation. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 24-17 PUBLIC HEARING ON AN ORDINANCE TO AMEND, CORRECT, AND REPLACE ORDINANCE NO. 10497-17 TO VACATE THE FOLLOWING DESRIBED PROPERTY: E/W ALLEY FROM EAST RIGHT OF WAY OF LAUREL STREET A DISTANCE OF 144 FEET AND WIDTH OF 49.5 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. Aladean DeRose, City Attorney and Interim Council Attorney, with offices on the 12th Floor of the County-City Building, South Bend, IN, served as presenter of this bill. Ms. DeRose stated on February 13th, 2017 Ordinance 10497-17 was passed. When the Clerk's Office checked the ordinance with the County Auditor, it was discovered that there was an error in the description: instead of the twelve (12) feet described in the original ordinance, it is forty-nine and a half (49.5) feet. 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 ublic wished to speak in favor or opposition to this bill. p p pp Councilmember Oliver Davis made a motion to send Bill No. 24-17 to the full Council with a favorable recommendation. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City building at 7:48 p.m. Council President Tim Scott presided with nine (9) members present. BILLS—THIRD READING BILL NO. 7 REGULAR MEETING MAY 8, 2017 21-17 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST/WEST ALLEY NORTH OF WESTERN AND SOUTH OF WAYNE RUNNING APPROXIMATELY 118' FROM THE EAST RIGHT-OF-WAY OF SOUTH TAYLOR STREET Councilmember Karen White made a motion to pass Bill No. 21-17. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Jo M. Broden). 23-17 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST NW ALLEY RUNNING N APPROXIMATELY 170' AND 14' WIDE FROM INDIANA AVE., W. OF HIGH STREET AND E. OF MARIETTA STREET Councilmember Gavin Ferlic made a motion to pass Bill No. 23-17. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 24-17 THIRD READING ON AN ORDINANCE TO AMEND, CORRECT, AND REPLACE ORDINANCE NO. 10497-17 TO VACATE THE FOLLOWING DESRIBED PROPERTY: E/W ALLEY FROM EAST RIGHT OF WAY OF LAUREL STREET A DISTANCE OF 144 FEET AND WIDTH OF 49.5 FEET,NORTH OF THOMAS STREET AND SOUTH OF WASHINGTON STREET Councilmember Oliver Davis made a motion to pass Bill No. 24-17. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 17-17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 226 E. INDIANA Councilmember John Voorde, Vice Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Ayoka Pack, Zoning and Business Services Administrator, Building Department, 125 Lafayette Suite 100, South Bend, IN, served as the presenter of this bill. Ms. Paek stated, This special exception application for a duplex in an SF2, Single-Family, Two (2) Family District, comes to you with a favorable recommendation from the Area Board of Zoning Appeals. This is initiated by the current owner's inquiry about the potential nonconforming use of the property. They confirm that the house had ceased use as a duplex for more than twelve (12) months. Since no prior approval was given to use the property as a duplex, they have to apply for a special exception. There were persons at the ABZA meeting that did speak in remonstrance of the 8 REGULAR MEETING MAY 8, 2017 applications. Concerns were raised about the overall effect of the use of the property on the area and the condition of the property as well, whether the existing building was actually a duplex, and concerns about the increase of on-street parking as well as traffic in the area. The findings from the ABZA meeting address the concerns regarding the potential effects of the use of the property as a duplex and the condition of the property. If the property is to be used as a duplex, the owner will have to ensure the building meets code standards for the duplex and submit applications for any applicable permits to bring the building up to that code. Duplexes require two (2)parking spaces per unit, so the property will have to provide four(4) parking spaces altogether. Right now, we don't have any concerns that they will be able to provide those spaces. If they are not,they will have to apply for a variance in the future, but that's not relevant to today's application. Dora Cruz, 725 North Shore Drive, South Bend, IN, served as the petitioner of this bill. Ms. Cruz stated that she intends to improve the property with things such as the required four(4) parking spaces. Councilmember Tim Scott asked why Ms. Cruz wanted to buy the property. Ms. Cruz responded that she intends to move back to Mexico and wanted her daughter, who is currently attending IUSB,to have a place to live. She explained that though she does not have the requisite knowledge regarding duplexes, she has attended meetings wherein she has spoken to people with the wisdom and experience to guide her in the correct direction. It was after speaking with these people that she decided to buy the property. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor of this bill: Andrew Pich, 717 East Indiana Avenue, South Bend, IN, stated that he has observed Ms. Cruz's property being improved a great deal over time and improving the neighborhood, as well. Those wishing to speak in opposition to this bill: Gene Wilkinson 20578 Hines Drive, South Bend, IN, stated that he is a landlord and property owner. Mr. Wilkinson stated that the property had not been a duplex for twenty (20) years, that it is one and a half(1.5) instead of two (2) stories tall,that the circuit breaker box is outside of the house (which is illegal), that debris from the renovation has been piled in the backyard instead of in a dumpster, and that the garage is in disrepair. Mr. Wilkinson had with him letters from five (5)residents of the neighborhood who are against this project. Dora Cruz returned to the podium for a rebuttal. She explained that she is willing to do whatever she needs to do to remain within code while conducting these improvements. Ms. Cruz stated that she could even get the debris cleared potentially as soon as tomorrow. She stated that the safety and shelter of her daughter is her priority. She stated that so long as someone tells her the rules she needs to follow, she can find someone to get the job done accordingly. Councilmember Oliver Davis asked Ms. Paek if the public was notified of this project and the ABZA meetings. Ms. Paek responded, Yes. For every application, there notices that go up to people within three- hundred (300) feet of the property edge. Councilmember Oliver Davis asked, So, anyone who said that they did not receive notice was mistaken? Ms. Paek responded, They were either outside of that three-hundred (300) foot radius,they did not see the notice in the paper that was also required, or the letter came back because the address on their property was incorrect. Councilmember Oliver Davis asked if there was any opposition brought up at the meeting that she would like to share with the Council. 9 REGULAR MEETING MAY 8, 2017 Ms. Paek responded, Well, one (1) of the big ones was about on-street parking. Like I said, we don't have any concerns right now. I do believe they will be able to fit four (4) vehicles. Another concern was about the fact that the property is supposed to be a single-family home. It is zoned SF2, which allows for a duplex as a special exception, which is what this process is about. It's not that it's a prohibited use. It actually is allowed, as long as it goes through this process and gets vetted. Councilmember Oliver Davis reiterated, And that's the nature of this process—that's why we're here tonight? Ms. Paek responded, Yes. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-17. Councilmember Jo M. Broden seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay (Councilmember John Voorde). 17-20 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 4467-15 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 122 CALLANDER ST. SOUTH BEND, IN 46614 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR JSK DEVELOPMENT, INCARELAND HOSPITALITY, LLC Jacob Alexander, Department of Community Investment, with offices on the 14th Floor of the County-City Building, served as presenter of this bill. Mr. Alexander stated, The purpose of this tax abatement is for the construction of a four (4) story, eighty-two (82) room Holiday Inn Express featuring standard amenities including conference rooms, a business center, indoor swimming pool, and fitness facilities. $6,000,000 investment in new building construction and removal of three (3) existing buildings on the site. Total project taxes due in six (6) year abatement period: $1,054,265. Estimated taxes being abated during the six (6)year abatement period: $446,712. Total taxes to be paid during abatement period: $607,553. Dan Boecher, Director of Development for JSK Hospitality, LLC, South Bend, IN, served as the petitioner of this bill. Mr. Boecher stated, The reason for the delay that we are requesting tonight is basically a pipeline issue. We have, within the last six (6) months, opened up two (2) additional hotels while planning for two (2) others. We are a family-owned company. Twelve (12) employees currently in the corporate office. We just had limited resources. We had a small delay with the first project which led to a delay in the second, and so on down the line that leads us here today. As I said earlier, we've signed a contract to get construction going in the next two (2) weeks. That has a hard stop at the second week of April, 2018. We are confident that we are under-way and that we will be open this time next year. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or opposition to this bill. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-20. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 17-21 A RESOLUTION RECONFIRMING THE ADOPTION OF A DELARATORY RESOLUTION 4457-15 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF 10 REGULAR MEETING MAY 8, 2017 SOUTH BEND, INDIANA COMMONLY KNOWN AS 121 SOUTH ST. JOSEPH ST., SOUTH BEND, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR JSK DEVELOPMENT, INC./SOUTHHOLD, LLC Councilmember Karen White made a motion to hear Bills No. 17-21 and 17-22 together. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. 17-22 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 4456-15 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 111 SOUTH ST. JOSEPH ST., SOUTH BEND, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO (2) YEAR VACANT BUILDING TAX ABATEMENT FOR JSK DEVELOPMENT, INC./SOUTHHOLD, LLC Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Jacob Alexander, Department of Community Investment, with offices on the 14th Floor of the County-City Building, served as presenter of this bill. Mr. Alexander stated, The purpose of this tax abatement: construction of a full-service, national brand, one-hundred and forty (140)room hotel and connecting annex to the College Football Hall of Fame. The Hall of Fame will become a multi-use, owner-occupied property which will house all the support services for the new hotel, such as reception, restaurants, etc, as well as the new home for the JSK Development corporate offices. $9,252,000 investment in new building construction and building expansion and connection with the Hall of Fame. Total project taxes due in nine (9) year abatement period: $2,410,716. Estimated taxes being abated during nine (9) year abatement period: $945,911. Total taxes to be paid during the abatement period: $1,464,805. For Bill No. 17-22: vacant property tax abatement. The purpose is for the construction of a full service, national brand hotel with one- hundred and forty (140) rooms, a connecting annex to the former College Football Hall of Fame. The Hall of Fame will be a multi-use, owner-occupied property which will house all the support services for the new hotel. $9,250,000 investment in new building construction and building expansion and connection with the Hall of Fame. Total project taxes during the two (2) year abatement period: $173,745.28. Estimated taxes being abated during the two (2) year abatement period: $107,783.53. Total taxes to be paid during the two (2) year abatement period: $65,961.75. Dan Boecher, JSK Development, LLC, South Bend, IN, served as the petitioner of this bill. Mr. Boecher stated that JSK's investment is thirty percent (30%)higher than they originally stated it would be. He stated, We worked with City staff on a new design that caused some delays, and I think that you're all going to be really pleased with the final product. We are excited to get that going and to have that open within this year. That is the Courtyard by Marriott that's coming online late in 2017. The Hall of Fame is kind of coming alongside of that. That property is still evolving. We have several opportunities that we're dealing with right now and look forward to be able to go into more detail in the coming months about those future uses for the Hall of Fame, including the corporate office for JSK, if the whole building user that we are currently looking at does not pan out. Good things are coming. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 11 REGULAR MEETING MAY 8, 2017 None from the public wished to speak in favor of either or both bills. Those wishing to speak in opposition to either or both bills: Jason Banicki-Critchlow, 3822 West Ford Street, South Bend, IN, in opposition to Bill No. 17- 22, stated that taxpayers should not be footing the bill for an additional few years of a tax abatement that came about because of JSK's lack of due diligence in regard to doing the appropriate research before coming before the Council with their proposal. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-21. Councilmember Dr. David Varner seconded the motion which carried by a roll call vote of nine (9) ayes. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-22. Councilmember Dr. David Varner seconded the motion which carried by a roll call vote of nine (9) ayes. BILLS FIRST READING BILL NO. 25-17 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1405 & 1505 HOWARD STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to send Bill No. 25-17 to the Area Plan Commission for the meeting on June 20th, 2017, and the Zoning and Annexation Committee for Second and Third Reading on June 26th, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 26-17 FIRST READING ON AN ORDINANCE TO AMEND, CORRECT, AND REPLACE ORDINANCE NO. 10431-16 TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF CUSHING STREET FROM LINCOLN WAY WEST TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 193 FEET AND A WIDTH OF 14 FEET. SAID ALLEY BEING A PART OF HEINTZMAN'S ADDITION AND KUNSTMAN'S ADDITION, CITY OF SOUTH BEND PORTAGE TOWNSHIP ST. JOSEPH COUNTY, INDIANA Councilmember Gavin Ferlic made a motion to send Bill No. 26-17 to the Public Works and Property Vacation Committee for Second and Third Reading on May 22nd, 2017. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 27-17 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3015 WESTERN AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to send Bill No. 27-17 to the Area Plan Commission for the meeting on June 20th, 2017, and the Zoning and Annexation Committee for 12 REGULAR MEETING MAY 8, 2017 Second and Third Reading on June 26th, 2017. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. 28-17 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY SOUTH OF ST. VINCENT STREET, EAST OF EDDY STREET INCLUDING TWO (2) EAST/WEST ALLEYS NORTH OF HOWARD STREET, SOUTH OF ST. VINCENT AND NON- VACATED RIGHT-OF-WAY WEST OF SR 23 AT SOUTH END OF FORMER GEORGIANA STREET Councilmember John Voorde made a motion to send Bill No. 28-17 to the Public Works and Property Vacation Committee for Second and Third Reading on May 22nd, 2017. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. 29-17 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTHWEST CORNER OF HOWARD STREET AND EDDY STREET INCLUDING EXCESS RIGHT-OF-WAY FROM FORMER HOWARD STREET ALIGNMENT Councilmember Oliver Davis made a motion to send Bill No. 29-17 to the Public Works and Property Vacation Committee for Second and Third Reading on May 22nd, 2017. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. 30-17 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: EASTERN 170+FEET OF EAST/WEST ALLEY WEST OF EDDY STREET BETWEEN ST. VINCENT STREET AND HOWARD STREET Councilmember John Voorde made a motion to send Bill No. 30-17 to the Public Works and Property Vacation Committee for Second and Third Reading on May 22nd,2017. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. 31-17 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY MAKING UP FORMER EDDY STREET, SOUTH OF HOWARD STREET AND NORTH OF CORBY BLVD. INCLUDING ALL RIGHT-OF-WAY TO SOUTH BEND AVENUE AND FORMER SOUTH BEND AVENUE Councilmember Gavin Ferlic made a motion to send Bill No. 31-17 to the Public Works and Property Vacation Committee for Second and Third Reading on May 22nd, 2017. 13 REGULAR MEETING MAY 8, 2017 Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Tim Scott announced, for members who applied for MBE/WBE and Animal Care and Control, that the Council will make that decision at the May 22nd 2017 Common Council Meeting. Councilmember Gavin Ferlic announced that Council Attorney interviews will take place on Monday, MU 15th, 2017, at 4:30 p.m. NEW BUSINESS Councilmember Gavin Ferlic announced that Give Local would take place on Tuesday, May 9th, 2017. Councilmember Karen White announced that, on Monday May 15th, 2017, a brief overview of the upcoming budget hearing process will be given at the Century Center, at 6:00 p.m. Councilmember Jo M. Broden announced that the City Long-Term Control Plan with Powerpoint is available online. Clerk Kareemah Fowler clarified that recordings of Committee Meetings are available on the City website and YouTube, and meeting minutes are available on the City website. Councilmember Jo M. Broden asked if every member of the Council had received packets regarding the Minority Business/Women's Business Committee. Councilmember Tim Scott confirmed that the entire Council had received them. Councilmember Broden asked if the Administration could be asked to present on their goals for the board. Councilmember Scott clarified that the MBE/WBE board is driven by the Common Council. He stated, Find your packet of information. You can fire away and ask all the questions you want to, to whomever you would like to ask. PRIVILEGE OF THE FLOOR Samuel Brown, 222 East Navarre Street, South Bend, IN, stated that he intends to give a thorough presentation on the hardship experienced by those on Sadie Street to Councilmember Regina Williams-Preston. Jason Banicki-Critchlow, 3822 West Ford Street, South Bend, IN, stated that he would like to call for a SIPP study at this year's budget. Mr. Banicki-Critchlow suggested that Uber and Lyft drivers in South Bend should be subject to the same rules as taxi drivers. Henry Davis, Jr., 5117 Idlewood Drive, South Bend, IN, urged the Council to consider putting a roundabout or speed bump at some point along the curve that leads to his street. Mr. Davis recounted a story in which a young man lost control of his vehicle and drove into the lawn next door where children were at play. He urged the Council to take action for the sake of the children in the neighborhood. ADJOURNMENT There being no further business to come before the Council,President Tim Scott adjourned the meeting at 8:35 p.m. 14