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HomeMy WebLinkAbout05-22-17 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 22, 2017 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: TIM COTT ID VARNER APPROVED BY THE COMMON COUNCIL ON: June 12, 2017 ATTEST: EMAH W ER, CITY CLERK REGULAR MEETING MAY 22, 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 22nd, 2017 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation was given by Minister Laquita Hughes of New Horizons Outreach Ministries, and Pledge to the Flag was given. ROLL CALL COUNCIL MEMBERS: Tim Scott 1st District, President Regina Williams-Preston 2nd 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 ABSENT: Randy Kelly 3rd District 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 Tim Scott made a motion that the minutes of the MU 8th, 2017 meeting of the Council be accepted and placed on file. Councilmember John Voorde seconded the motion which carried by a voice vote of eight(8) ayes. SPECIAL BUSINESS 17-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING THE 7TH GRADE STUDENTS OF NAVARRE INTERMEDIATE CENTER ON A SUCCESSFUL CAMPAIGN TO ADVANCE EQUALITY AND PROMOTE HEALTHY FOOD OPTIONS FOR ALL STUDENTS IN THE SOUTH BEND COMMUNITY SCHOOL CORPORATION Councilmember Regina Williams-Preston, 838 North Elmer Street, South Bend, IN, served as the presenter of this bill. Councilmember Williams-Preston called to the podium Monique Love, a teacher at Navarre, and read for the Council and public the text of the resolution. Monique Love, 7th Grade Language Arts Teacher at Navarre Intermediate Center, 4719 West Sample Street, South Bend, IN, stated that this started with a book called Fire from the Rock by Sharon Draper, a story of historical fiction surrounding the events of the Little Rock Nine. Ms. Love explained that in the midst of learning about the Civil Rights Movement, she asked her students for what they would protest. Their response was that they would fight for a better school lunch. She stated, I guarantee you if you don't eat it, somebody is going to move. I didn't know 1 REGULAR MEETING MAY 22, 2017 that they were actually listening that day. She stated that the students showed up the following Monday with their own lunches, abstaining from the lunches provided by the school. They continued the protest the next day, not expecting anything to come of it. Ms. Love stated that it was a good thing that the City was recognizing the actions of Navarre's 7th grade students. Councilmember Karen White stated, I would just like to thank you for your work and for how you were able to take a situation from a book to apply it, and make it more practical, for the students to really grasp the intent and to put it to action. They will always remember you as a teacher, but,most importantly,they will remember that their voice did count. Councilmember Gavin Ferlic stated, Great work and a really great outcome. Councilmember John Voorde stated, Congratulations. Councilmember Oliver Davis stated, It is truly an honor to congratulate you tonight. I believe that they believed in you because they've seen you advocate for things. They have seen you, your mom advocate. You live in the neighborhood. You are there by the school. They see it, and so they believe it. On behalf of those of us who live in the 6th District with Navarre right down the street, we want to say thank you. As a member of the South Bend Schools, myself, it is truly an honor to hear good things about our students. I'm over at Dickinson, so sometimes we don't always hear great things about our students. It's really exciting to hear this. Thank you. Councilmember Dr. David Varner stated, I think it is great that you were able to take a situation from a book—that the kids were able to take it and apply it practically, and in their own words, to change what they wanted and apply it not only practically but professionally, if you can say that for a 7th grade student. So, kudos to you, and kudos to the kids. Good job, everybody. Councilmember Jo M. Broden stated, I could sit here and listen to you recount this many times, because there are so many elements of the book—the seed from that book—and, as adults, us saying yes, and encouraging kids to explore and to poke and to challenge. That's always a little bit risky, but here you had kids that embraced it and ran with it to a great outcome. The really cool thing is that this will reverberate. And 7th grade, at that developmental stage: look out. What an exciting thing. As a mother of two (2)teenagers, what's on the lunch menu is a big deal. Maybe only outweighed by recess time, and how long that is, and whether the weather is good or not. Very exciting work. Congratulations: extend that to all your students and everybody who fought for this change. Councilmember Tim Scott stated, Absolutely, congratulations. Thank you for what you do. That service is tremendous for everybody who is part of the school system, especially the public school system. What's amazing is the confidence that you give those kids; that they went through the process, but they actually won at the process. They can grasp that and go on with life forever, if they keep remembering that and keep repeating it. Thank you so much. There were none from the public wishing to speak in favor of or opposition to this bill. Councilmember John Voorde made a motion to adopt Bill No. 17-24. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. REPORTS OF CITY OFFICES Representing the City Administration will be Suzanna Fritzberg, Deputy Chief of Staff. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Karen White 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 eight (8) 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 2 REGULAR MEETING MAY 22, 2017 BILL NO. 09-17 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1237 & 1303 IRONWOOD DRIVE, COUNCILMANIC DISTRICT NO. 4 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 without a recommendation. Angela Smith, Area Plan Commission, with offices on the 11th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Ms. Smith stated, The petitioner is seeking to rezone the property highlighted here in red from SF 1, Single-Family, to S172, Single- Family District within the City of South Bend. To the north is a recently rezoned property that was rezoned OB, Office Buffer, for an insurance office. On all three (3) of the other sides are single-family homes zoned SF1, Single-Family and Two (2) Family, in the City. The site currently has a church on the property and this also encompasses a single-family home on a lot to the north. Ms. Smith presented to the Council and showed public images of the property. She stated, The proposed site plan includes twenty-two (22) single-family residential subdivision lots. The development that is shown here is a basic footprint of the potential home layout, which would be about 1,800 square feet. They are utilizing a zero (0) lot line on one (1) side, with a minimum of ten(10) feet between buildings in order to maximize the side yard between the houses. The proposed development would be about one-and-a-half(1.5) story single-family homes, each having a two (2) car, attached garage. This comes to you from the Area Plan Commission with a favorable recommendation, subject to a written commitment that the properties along Ironwood and Rosemary have a front door that interacts with the street. Stephen Studer, 4101 Edison Lakes Parkway, Mishawaka, IN, served on behalf of the petitioner of this bill. Mr. Studer stated, We come to you this evening seeking a rezoning of a three (3) acre lot from SF1 to SF2. The lot is currently vacant, and the church on it has moved and will be demolished in due time. Mr. Studer directed the members of the Council to booklets he had presented them, instructing them to regard the key facts contained within. He stated, A lot of times, when developers have a project, even if they fully believe in the project, they move forward without dealing with and consulting with the neighborhood. In this particular case,we have had two (2) large-scale community meetings. Both parties have compromised significantly. Mr. Studer explained that when the developers started out, they were looking at thirty-nine (39) townhomes. After meeting with the residents of the area,they agreed that this was too crowded. He stated, We reduced the thirty-nine(39) townhomes to twenty-two (22) single-family homes. We also increased the open space by fifty-five percent(55%), going from twenty-nine percent (29%) to nearly half. Forty-five percent(45%)will now be open space. Also, after the second meeting, and after the Area Plan Commission met and gave us a very favorable recommendation, one (1) of the commitments we agreed to was to change the streetscape facing Ironwood and Rosemary. Mr. Studer informed the Council that the last page of the booklet showed what that would look like. He continued, As I've mentioned, we have a favorable Area Plan Commission recommendation. The staff noted that this project is consistent with the City plan. The staff found that the most desired uses for the land are ones compatible to a single-family neighborhood. Twenty-two (22) single-family homes is the most compatible use with the existing single-family neighborhood. It will also conserve property values. It will be on City water and City sewer. There were concerns raised at some of the public meetings that the sewers could not handle this, but those concerned are off of Rosemary—in fact, we are going to go off Ironwood. Traffic was also raised as a concern at the Area Plan Commission, and, per MACOG, there are almost 14,700 vehicles per day that use Ironwood. We are putting in twenty-two (22) homes. With two (2) car garages—which is about forty (40), forty-five (45) people in terms of vehicles—it's less than a third(1/3) of one percent (1%) impact on traffic. Mr. Studer stated sidewalks would be built on the way to Oak Park Street on Rosemary. He stated that the Homeowner's Association would maintain the property. He further stated that the developers would join the Neighborhood Resources Connection. He explained that the majority of the construction of infrastructure would be done in the first ninety (90) days, and that construction traffic would avoid Rosemary and enter on and off of Ironwood. Mr. Studer stated that there 3 REGULAR MEETING MAY 22, 2017 have been fears that the project would accommodate student housing, but Mr. Studer explained that City mechanisms are in place to limit the use of houses by students. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There were none from the public wishing to speak in favor of this bill. Those wishing to speak in opposition to this bill: Don Gimich, 2015 Peachtree Lane, South Bend, IN, stated that he does not think that this project will be compatible with or enhance the neighborhood. He also stated that the project could be argued to be an example of"spot zoning,"which is illegal. Jim Galvas, 2101 Peachtree Lane, South Bend, IN, stated that he has concerns regarding whether or not the sewers will be able to handle the additional homes, whether or not AEP would be able to service the area in the event of a power failure, whether or not students would truly be kept out of the neighborhood,how bad traffic would become due to the proposed project, and the implementation of a French well. Peri Mason, 1836 Peachtree Lane, South Bend, IN, stated that the neighborhood in question is a fantastic neighborhood, and that there are probably other such neighborhoods in decline in South Bend due to unchecked development. Ms. Mason stated that the proposed project is not compatible with the neighborhood. In the event that the Council votes in favor of the bill, she asked that they consider some concessions: that traffic and sewer be addressed; that the neighborhood be made a fifty-five (55) and over community; that a cap on property taxes and assessments for eight (8) to ten(10)years be instated; that parking be better addressed within the development. Mr. Studer returned to the podium to offer a rebuttal. He stated that Mr. Magliozzi stated that this development is not an example of spot zoning, that the sewer capacity has been confirmed by Public Works, and that for them to get approval for their project from the Department of Engineering and other such departments,the property needs to be rezoned. Councilmember Regina Williams-Preston stated she did not want to see the interests of developers overshadow those of longstanding residents of a neighborhood, but thanked the petitioner for their compromises to their project. Councilmember Jo M. Broden asked,No on-street parking—so what is the garage, and what is the driveway capacity, if somebody could answer that,please? Mike Danch, Danch, Harner& Associates, 1643 Commerce Drive, South Bend, IN, responded that the driveways would be wide enough to accommodate two (2) cars, and that the garages would also hold two (2) cars, such that each home would have a four (4) car capacity. Councilmember Dr. David Varner asked, In another single-family neighborhood, would the two (2) car garage and maybe a larger driveway handle a couple more, perhaps? On-street parking is what's left over when the space isn't used Mr. Danch responded, The standard setback for a house in the City of South Bend is twenty-five (25) feet. Basically, you can put your house at twenty-five (25) feet, which would give you the same capacity that we're doing for this particular development. That gives you just enough room to basically park a car in the driveway in front of the house. Councilmember Gavin Ferlic stated, Thank you to everybody for coming out tonight and sharing your thoughts. I do want to show my appreciation to the developer for really reworking their plan and taking a lot of units out and making it more consistent with a single-family neighborhood. Councilmember Oliver Davis stated that another meeting might be necessary before making a decision on this project. Councilmember Davis stated that issues like traffic—where the developer states that there is no issue and the residents state that there is—should not be dismissed too easily, and that the views of residents should be taken more seriously. He stated, People have to live after this development is over, and I have a concern that that part of it was 4 REGULAR MEETING MAY 22, 2017 not addressed. Councilmember Davis stated that he did not like that there is no on-street parking. He stated that at the Area Plan Commission meetings that he attended, many residents showed up. He further explained that such a number of people offering complaints was a sign. Councilmember John Voorde stated that he was glad that the developers modified their proposal, however he felt that the project would have an impact on the character of the neighborhood. He stated that he would support continuing consideration of the bill until the June 12th, 2017 meeting, and that, otherwise, he is inclined to side with the residents and not support the project. Councilmember Tim Scott stated that he does not like that there is no on-street parking, and that, like John, he would be in favor of a continuation. Councilmember Karen White stated that she supports the project but that she would also stand behind a continuation of the consideration of this project, so as to come up with a better plan to meet citizens' and the developers' needs. Councilmember Oliver Davis stated, I would agree with that. The concern that I have—and that's why I don't mind a delay—is because, with all due respect, there was nobody from the neighborhoods, who live there, who even stood up in favor. When we make these decisions, I like to hear somebody from that neighborhood outside of the developers to share some positive things. Councilmember John Voorde asked, I'd like to ask one (1) question of Councilmembers who were on the Council when the Commons was established: did you just say that residential abatement wasn't available? I don't recall, I was Clerk as the time. Councilmember Dr. David Varner stated, When Eddy Street Commons was developed, the City, at their expense, placed all of the infrastructure—the streets, the sewers, the sidewalks, I think it even built the alleys as part of the development. At that time, members of the Council thought that this was the City's contribution and we shouldn't be contributing more in the form of a tax abatement. Subsequently, one (1) or two (2) people had come forward, so we made part of the agreement that there would be no abatement. Councilmember Oliver Davis made a motion to continue Bill No. 09-17 until June 12th, 2017. Councilmember Jo M. Broden seconded the motion which carried by a voice vote of six (6) ayes and two (2) nays (Councilmembers Gavin Ferlic and Dr. David Varner). Councilmember Karen White asked what the expectations would be for the developers during the next two (2)weeks. Councilmember John Voorde responded that there should be a meeting held where the developers, the residents, and any Councilmember that wants to participate may discuss how further compromises may be reached. 22-17 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF IRELAND ROAD AND LAFAYETTE BLVD., COUNCILMANIC DISTRICT NO. 5 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 a recommendation. David Stanton, Area Plan Commission, with offices on the 11th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Mr. Stanton stated, The petitioner is requesting a zone change from SF2 Single-Family and Two (2) Family District, to CB, Community Business District, and seeking two (2) variances from the development standards. To the east, south, and west along Main, Ireland, and Lafayette are all zoned CB, Community Business District. Mr. Stanton presented to the Council and displayed public images of the property. He stated, Both properties are vacant lots. To the left will be a bank building, and the right will be left for future development. The 3.2 acre site is proposed to be divided into two (2) 5 REGULAR MEETING MAY 22, 2017 development sites. Parcel A is 1.66 acres. The proposed plan for this site includes a 7,616 square foot bank with three (3) drive-through lanes. The preliminary site plan meets the requirements for all landscaping per the ordinance. Parcel B is 1.52 acres. This site is reserved for future development with no specific site plan submitted at this time. That site will need to meet all the development standards for the CB, Community Business District. The site is part of the vacated single-family residential area that remains after the realignment of Main and Lafayette. This comes to you from the Area Plan Commission with a favorable recommendation. Rezoning the site to CB, Community Business District, will allow for the expansion of an existing commercial district established in a commercial node, located adjacent to the intersection of Michigan, SR 31, and Ireland Road. Mike Danch, Danch, Harrier& Associates, 1643 Commerce Drive, South Bend, IN, served on behalf of the petitioner of this bill. Mr. Danch stated, As was mentioned by the Area Plan Commission staff and also at the Committee meeting, United Federal Credit Union would like to go on that west portion of the property. This is one (1) of the last pieces on Ireland Road that is still zoned Residential. From a planning standpoint, what we are going to do is take all the Gates property—as you see here, basically Parcels A and B—and ask them to be rezoned to the Community Business District to allow for retail development and, in this particular case, a financial institution. Access is going to be off of Ireland Road and also off of Lafayette Street. The way that this is being developed,there will a common driveway between the two (2) properties, so any future development that occurs on the east pieces of property will be allowed access to the west property, so that takes that traffic situation off of Ireland Road and Lafayette. So, there will be what we call an"ingress-egress easement"between the two (2) properties. As the staff had mentioned, we are meeting all of the landscaping requirements. It will meet all the drainage requirements for the City of South Bend. We would ask for a favorable approval. 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 Oliver Davis made a motion to send Bill No. 22-17 to the full Council with a favorable recommendation. Councilmember John Voorde seconded the motion which carried by a voice vote of eight(8) ayes. 26-17 PUBLIC HEARING 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 HENTZMAN'S ADDITION AND KUNSTMAN'S ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 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, Interim Council Attorney, with offices on the 12th Floor of the County-City Building, stated, This is an ordinance to correct an ordinance that was passed on April 11th, 2016, Ordinance No. 10431-16, in which an alley was vacated in the area of Cushing and Lincoln Way West for purposes of development. In that area,there are two (2) alleyways: one (1) on the east and one (1) on the west. Councilmember Oliver Davis made a motion to send Bill No. 26-17 to the full Council with a favorable recommendation. Councilmember Karen White seconded the motion which carried by a voice vote of eight(8) ayes. 6 REGULAR MEETING MAY 22, 2017 Councilmember John Voorde made a motion to hear Bills No. 28-17, 29-17, 30-17, and 31-17 together for purposes of Public Hearing. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight(8) ayes. 28-17 PUBLIC HEARING 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 STREET AND NON- VACATED RIGHT-OF-WAY WEST OF SR 23 AT SOUTH END OF FORMER GEORGIANA STREET 29-17 PUBLIC HEARING 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 30-17 PUBLIC HEARING 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 31-17 PUBLIC HEARING 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 John Voorde, Chair of the Public Works and Property Vacation Committee, reported that they met this afternoon and send these bills forward with a favorable recommendation. Tony Halsey, Kite Realty Group, 30 South Meridian Street, Indianapolis, IN, served as the presenter of this bill. Mr. Halsey stated, I think everyone is familiar with Eddy Street Commons. The request tonight is to allow for the vacation of several public alleyways and former rights-of- way to allow for the second phase of Eddy Street Commons. Mr. Halsey presented to the Council and displayed public images detailing the planned development. He stated, There would be a small retail node at the southwest corner of Napoleon and Eddy Streets, with 8,400 square feet of retail. On the northern blocks on each side of Eddy, these units would be flex space. The upper three (3) floors on each of the northern blocks would be straight residential apartments, so these are four(4) story buildings. In the south,there would be three (3) story residential apartments. Lastly,the Robinson Center is part of the second phase of this project. It will be relocated from its current location south of Howard over to the north of Howard, fronting Howard Street, and approximately doubling in size. These ordinances were heard at the February 14`}', 2017 Board of Public Works meeting. We received a favorable recommendation and, obviously, a favorable recommendation earlier today. The ordinances are as follows: 28-17 vacates Lots D and E, various alleyways, and former Georgiana Street right-of-way; 29-17 is this little bit of excess right-of-way from Howard Street, a part of the realignment ordinance; 30-17 is this alleyway and Lot C; 31-17 is everything south of Howard Street, former Eddy Street right-of-way and former South Bend Avenue right-of-way. The zoning that's been approved for Eddy Street Commons Phase II covers all of Lots A, B, C, D, and E north of Howard Street. This does not include the 7 REGULAR MEETING MAY 22, 2017 area covered by 31-17, but we were busting the vacations this time to allow for future development. 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: Greg Hakanen, Director of Northeast Neighborhood Redevelopment for the University of Notre Dame, 415 Main Building, Notre Dame, IN, stated that the University is fully aware of the plan and is fully in support of these vacations in support of the new development. Charles Hayes, Managing Partner of Five Corners, LLC, South Bend, IN, stated the vacations are the right thing to do to aid in the development of the neighborhood. Mr. Hayes stated, I am concerned, a little bit, about the vacation of Eddy Street south of Corby, and also the section of South Bend Avenue north of Corby and south of the intersection. Mr. Hayes stated that he hopes that Kite Realty gets the north half of South Bend Avenue and that Five Corners gets the south half. He expressed concern for the relocation of utilities. None from the public wished to speak in opposition to this bill. Councilmember Oliver Davis asked if any language needed to be added to the bill to allow Kite and Five Corners to share portions of South Bend Avenue. Interim Council Attorney Aladean DeRose stated that she did not know. Councilmember Jo M. Broden asked, Where does the utility run, exactly, and what are the issues? Where is it located? Can anyone address that? Mr. Halsey stated, At this time, we are proposing to relocate the dock at the AT&T bank. As necessary in this area, it's not anticipated that we need to move it a lot. We might move it in this phase, but the expectation right now is to leave it in place until the next phase hits, so that we will know where it will be necessary to relocate it. What we did not want to do was relocate and put it in an area that would not be beneficial to the footprint of what that third phase looks like. Councilmember Gavin Ferlic stated, And again,this request is for simply the street and alley vacation. I would encourage, if there's two (2)parties working in the future on any sort of utility, that they get together after the meeting and talk that over. Councilmember John Voorde asked, The approximately 8,400 square feet of retail---could that potentially be another bar? Mr. Halsey responded, It potentially could. Yeah. Mr. Hakanen stated, When we did zoning the first time around, we—and what I mean by 'we' is Kite and the University, in conjunction with the Council—we made a distinction between restaurants that serve liquor and bars. We made the commitment in Phase I that we would welcome restaurants that served liquor but we would not have bars. That applies to Phase II. Councilmember Tim Scott made a motion to send Bill No. 28-17 to the full Council with a favorable recommendation. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight(8) ayes. Councilmember Tim Scott made a motion to send Bill No. 29-17 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. Councilmember Tim Scott made a motion to send Bill No. 30-17 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. 8 REGULAR MEETING MAY 22, 2017 Councilmember Tim Scott made a motion to send Bill No. 31-17 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. RISE AND REPORT Councilmember Karen White made a motion to rise and report to full Council. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight(8) ayes. REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City building at 8:20 p.m. Council President Tim Scott presided with eight(8) members present. BILLS—THIRD READING BILL NO. 22-17 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF IRELAND ROAD AND LAFAYETTE BLVD., COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to pass Bill No. 22-17. Councilmember Dr. David Varner seconded the motion which carried by a roll call vote of eight(8) ayes. 26-17 PUBLIC HEARING 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 HENTZMAN'S ADDITION AND KUNSTMAN'S ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Councilmember Gavin Ferlic made a motion to pass Bill No. 26-17. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of eight (8) ayes. 28-17 PUBLIC HEARING 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 STREET AND NON- VACATED RIGHT-OF-WAY WEST OF SR 23 AT SOUTH END OF FORMER GEORGIANA STREET Councilmember Gavin Ferlic made a motion to pass Bill No. 28-17. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of eight(8) ayes. 9 REGULAR MEETING MAY 22, 2017 29-17 PUBLIC HEARING 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 Dr. David Varner made a motion to pass Bill No. 29-17. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of eight (8) ayes. 30-17 PUBLIC HEARING 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 Gavin Ferlic made a motion to pass Bill No. 30-17. Councilmember Dr. David Varner seconded the motion which carried by a roll call vote of eight(8) ayes. 31-17 PUBLIC HEARING 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 pass Bill No. 31-17. Councilmember Dr. David Varner seconded the motion which carried by a roll call vote of eight(8) ayes. RESOLUTIONS BILL NO. 17-25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE CITY ADMINISTRATION'S ALTERNATIVE COST SAVINGS APPROACH TO ITS CSO LONG TERM CONTROL PLAN AND ENCOURAGING THE FEDERAL AND STATE ENVIRONMENTAL REGULATORY AGENCIES TO ADOPT THIS INNOVATIVE PLAN Councilmember Gavin Ferlic made a motion to accept Substitute Bill No. 17-25. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dr. David Varner, Chair of the Utilities Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Councilmember Dr. David Varner, 1306 Clayton Drive, South Bend, IN, served as the presenter of this bill. Eric Horvath, Director of the Department of Public Works, with offices on the 13th Floor of the County-City Building, South Bend, IN, stood with Councilmember Dr. Varner at the podium. Councilmember Dr. Varner explained that over $500,000,000 has been spent since 2013 in efforts to provide the cleanest water possible to the citizens of South Bend. In 2015, consultants were brought in to help,which led to greater expenses than anticipated. Councilmember Dr. Varner read for the Council and public the text of the resolution. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 10 REGULAR MEETING MAY 22, 2017 None from the public wished to speak in favor of or opposition to this bill. Councilmember Regina Williams-Preston stated, You've done a really good job. Thank you, Eric Horvath. I appreciate your presentation before and the innovation you're bringing to help resolve one (1) of the major issues in our city. Thank you. Councilmember Oliver Davis stated that this resolution could lead to an example being set for other cities. Councilmember John Voorde stated, I just want to congratulate you three (3) Councilmembers and Dr. Ferlic, who sat on this Council last term, for saying "Hey, wait a minute, maybe we can do better," and bringing that special committee together of people who have come up with some pretty good results. Thanks very much. Councilmember Gavin Ferlic stated, Great work; great resolution. Councilmember Karen White stated, Thank you. Excellent results. Councilmember Tim Scott stated, Thank you, Eric, for having your team take this on and look at it. I'm glad the Council—I'm glad citizens pushed the issue, and I'm glad it's a collaboration, by far. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-25. Councilmember Jo M. Broden seconded the motion which carried by a roll call vote of eight(8) ayes. BILLS FIRST READING BILL NO. 32-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO ISSUE ITS "TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2017 (STUDEBAKER PROJECT)"AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO Councilmember Gavin Ferlic made a motion to send Bill No. 32-17 to the Community Investment Committee for Second and Third Reading on June 12th. 2017. Councilmember John Voorde seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business this evening. NEW BUSINESS Councilmember Karen White stated she normally does not miss Committee or Council meetings, but that she was unable to attend the Committee meetings this afternoon. Councilmember White stated that she had recommendations but that she was told that any recommendations made would require her to be present at the meeting. She stated that she wanted this on record, as she takes her job seriously. She stated, I want it to be noted that I was not here because I had to do what I needed to do at the University. I want that to be part of the record. Councilmember Oliver Davis thanked Aladean DeRose for her service as Interim Council Attorney, as soon the Council would transition to another attorney. PRIVILEGE OF THE FLOOR 11 REGULAR MEETING MAY 22, 2017 Dave Lapczynski, 2507 Corby Boulevard, South Bend, IN, stated that his family has lived in his home for sixty-nine (69)years. Mr. Lapczysnki expressed displeasure with the fact that Morris Park Country Club has put up a tarp on their cyclone fence in front of his house. He stated, I would like the tarp taken down. I can provide you with the signatures of people on my block. I have photographs of the tarp. Henry Davis, Jr., 5117 Idlewood Drive, South Bend, IN, stated that he sent an email to the members of the Council during the meeting. Mr. Davis, Jr. read the contents of his email to the Council and public. He stated that there was concern over discoveries of a possible contamination by the EPA of the land the Charles Black Center sits upon. The fear was that, should there be a cleanup needed, money that was meant to be allocated to the renovation of the Charles Black Center would need to be reallocated. He urged the Council for aid, suggesting a resolution that might divert City funds to the cleanup and allow the renovation of the Charles Black Center to continue unhindered. Jerry Donaldson, 1126 West Jefferson Boulevard, South Bend, IN, stated that he wants to see the same kind of attention given to other areas and projects in the City be given to the Charles Black Center. Mr. Donaldson stated, That's all I'm asking. That the moneys—that are allocated toward whatever it's allocated toward—are allocated and distributed equally. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 8:47 p.m. 12