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HomeMy WebLinkAbout10-23-17 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 October 23,2017 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND FHAlG + APPROVED: TI T ARNER APPROVED BY THE COMMON COUNCIL ON: November 13, 2017 ATTEST: EMAH F W ER, CITY CLERK REGULAR MEETING October 23, 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, October 23rd, 2017 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation was given by Deborah Dwyer of the Baha'i Faith and Pledge to the Flag was given. ROLL CALL COUNCIL MEMBERS: Tim Scott 1St District, President Regina Williams-Preston 2nd District Randy Kelly 3rd District Jo M. Broden 4th District Dr. David Varner 5th District Oliver J. Davis 6th District, Vice President 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 Clerk Executive Assistant Bob Palmer Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Gavin Ferlic made a motion that the minutes of the October 9th, 2017 meeting of the Council be accepted and placed on file. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Kareemah Fowler, City Clerk, with offices on the 4th Floor of the County-City Building, South Bend, IN, approached the podium to present the Accelerate Indiana Municipalities (AIM) 2017 Municipal Innovation Award to Mayor Pete Buttigieg for the Smart Streets initiative. Clerk Fowler stated, This award highlights programs and projects that have been implemented, and demonstrates new approaches for solving municipal challenges. This is for municipalities that have a population of over 60,000. Clerk Fowler presented to the Council and public a video explaining the economic and design impetus behind the Smart Streets initiative. Pete Buttigieg, Mayor of the City of South Bend, with offices on the 14th Floor of the County- City Building, South Bend, IN, thanked all those who represented the City at the AIM event in his stead. Mayor Buttigieg stated, Obviously, it's exciting to see State-wide recognition in that Smart Streets is, again, an award-winning effort. I just want to offer thanks in a couple of ways. First of all, not only to Jitin and the Public Works team, but just about every part of the City Administration had to do something in order to make Smart Streets possible. That was true through economic development, figuring out ways we could get the financing together and Public Safety weighing in on making sure that it would work. And,perhaps most importantly, we want also to thank the Council. There were a number of votes that came before this body. There 1 REGULAR MEETING October 23, 2017 were ultimately dozens of meetings that contributed in some way to the Smart Streets initiative, and this Council approved the effort but not unquestioningly. There were a lot of changes to it. There was a request by the Council to ask this Administration and ask me to stop, slow, reduce some things—something I don't always love to hear, because we want to accelerate, but it unquestionably made this a better project. So, it's very much with the awareness that this would not have been possible without support from the public and support from this Council that I'm Tim Scott, South Bend Common Council President, with offices on the 4th Floor of the County- City Building, South Bend, IN, stated, The Mayor just kind of hit on the Council's role in this. is one (1) good thing in that video that really,to me, stands out: Smart Streets is an economic development tool. I think you need to look at that and remember that. Thanks for everybody going down, and thanks, AIM, for giving us that award. pZ 9w Aq p9u61s pue pano iddy Councilmember Tim Scott announced to the public that Bills No. 12-17 and 78-17 will be continued to November 13th, 2017, as well as the Old National Fiscal Plan. Councilmember Gavin Ferlic made a motion to suspend the rules so as to hear the resolutions before the ordinances in tonight's hearing. Councilmember Oliver Davis seconded the motion Maa13A.10h carried by a voice vote of mne ayes. REPORTS OF CITY OFFICES 0z Representing the City Administration: Mayor Pete Buttigieg eueipul `pu98 q;nog Io A113 aql Io joAew aql of aw Aq paluesaid RESOLVE INTO THE COMMITTEE OF THE WHOLE At 8:54 p.m. Councilmember Gavin Ferlic made a motion to resolve into the Committee of the Whole. Councilmember Karen White seconded the motion which carried by a voice vote of nine (fdye?.Y,0o'un°IRRe%Ver V, vin Ferlic, Chairperson, presiding. .}sa4y 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 HEAW :Isally BILL NO. 12-17 PUBLIC HEARING ON AN ORDINANCE OF . SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING eue►pul -puag g1noS 10 a bl d9$ "j A((86 PERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 4, FOR 17330 STATE ROAD 23, N01J L rI"IN t 5 tJ 9 DIANA Councilmember Karen White made a motion to continue Bill No. 12-17 until November 13th 2017. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) r 54-17 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3333 N. KENMORE 2 REGULAR MEETING October 23, 2017 ST, 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 9th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Ms. Smith stated, The petition in front of you this evening is related to the previous resolutions we've heard earlier tonight. The petitioner is seeking to rezone a property from LI, Light Industrial, to GI, General Industrial. There's a just over 50,000 square foot building existing with some planned additions that will add on to the building as it goes to the west with another 55,000 to 65,000 square feet of additional industrial development. There were some variances, as we heard earlier during the tax abatement. What we sought was to get variances from the landscaping. The existing site is heavily landscaped. The variances were to allow the petitioner to retain the mature landscaping, and the way that it was approved, any future development will have to meet the landscape ordinance as it develops. So, this just allows them to maintain the existing mature landscape without making changes to that. Those variances were granted subject to the rezoning. This comes to you from the Area Plan Commission with a favorable recommendation. Rezoning the property to GI, General Industrial, will allow for the redevelopment of an industrial site in a manner consistent with the surrounding area in the Comprehensive Plan. Mike Danch, Danch, Hamer&Associates, 1643 Commerce Drive, South Bend, IN, served on behalf of the petitioner of this bill. Mr. Danch stated, What we're doing is changing the zoning of this piece of property, of approximately nine (9) acres, from the LI District to the GI District for the Tri-Pak industry, so they would be able to move into this particular facility. As Angela had mentioned,the existing one (1) is about 45,000 square feet, and the expansion is about another 56,000 square feet. To answer a couple of questions from the lady who had spoken during the hearing for you resolution,we will be doing additional landscaping, as we had mentioned to the Council, around the solvent tanks up in the northwest corner of the site. There will be additional landscaping there and around all the parking areas. That was basically an agreement that we had worked out with the Area Plan Commission staff. There are heavy wooded areas along the very west and along the south sides. As far as drainage goes, any new improvements that are done on this particular site have to go through the City Engineering Department for approval of drainage plans. What we would ask for is for your favorable approval to move the zoning up to the GI District. 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 Randy Kelly made a motion to send Bill No. 54-17 to the full Council with a favorable recommendation. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 55-17 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 212 EAST SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Councilmember Karen White made a motion to accept Substitute Bill No. 55-17. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. Angela Smith, Area Plan Commission, with offices on the 9th 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 a property here on South Street,just a little bit east of St. Joseph, from the SF2, Single 3 REGULAR MEETING October 23, 2017 Family and Two (2) Family District, to the OB, Office Buffer District. The property is an existing residential structure that the petitioner wishes to convert to law offices with some residential potentially in the building, as well. The existing building has existed since the early 1900's on a small 55 x 55 foot lot. There are no additions or changes proposed to the property, at this time. This comes to you from the Area Plan Commission with a favorable recommendation. Rezoning the property to OB, Office Buffer, will allow for the reuse of this structure in a manner consistent with the Comprehensive Plan. Robert Bodorff, 5505 Bull Creek Road, Charlestown, IN, served as the petitioner of this bill. Mr. Bodorff stated that he has a law office in Clark County, IN, and that he intends to open part of a law office in South Bend and rent space to attorneys there, as well. 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 Karen White made a motion to send Substitute Bill No. 55-17 to the full Council with a favorable recommendation. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 69-17 PUBLIC HEARING ON ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: STREET VACATION-EDDY STREET FROM CORBY STREET SOUTH 180 FEET+/-, CORBY STREET FROM EDDY STREET WEST 90 FEET+/-, CORBY STREET FROM EDDY STREET EAST 230 FEET+/-, THE FIRST EAST/WEST ALLEY BETWEEN HOWARD STREET ON THE WEST AND THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH BEND AVENUE, SOUTH BEND, INDIANA 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. Mike Danch, Danch, Harper&Associates, 1643 Commerce Drive, South Bend, IN, served on behalf of the petitioner of this bill. Mr. Danch stated, This vacation is for streets and alleys— portions of them. There were three (3) separate items that we were doing. The first set was for Corby and Eddy. That was west of realigned South Bend Avenue and Eddy Street, and we're asking to do Five Corners, LLC-owned separate parcels in that area,just as part of the process of combining the properties together, along with the vacation of these public driveways. The second portion was a portion of Corby Street that was east of South Bend Avenue. Right where Corby kind of realigns into Howard Street,there's a strip of the public right-of-way. We are asking the Council to approve for the vacation. That would not affect any of these properties which are in the aerial photos. There were a couple of houses to the east of that portion—they would still have access to Corby Boulevard and also the alleys to get to the south from their house. The third one (1) was just a portion of an alley that was on the north side of Corby and east of South Bend Avenue and, again, it was just a twelve (12) foot wide alley. There were properties on both sides that were owned by Five Corners, LLC. There's actually one (1) piece that was stolen by the State, which we were trying to acquire from the State through a deposition process. 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 from the public wishing to speak in opposition to this bill: 4 REGULAR MEETING October 23, 2017 Richard Bakos, 1144 East Corby Boulevard, South Bend, IN, stated, The extent to which they are abandoning Corby to the east, I feel, is adversely affecting the access by City vehicles for plowing and trash pickup,to the remaining residences that are on that section of Corby that's left. Emily Spalding, 1140 Corby Boulevard, South Bend, IN, stated that ever since the Five Corner development in the area, she and other residents have struggled with the City regarding trash pickup and snow plowing. Ms. Spalding stated that she is also worried about whether or not the property next to her will be a single family home after the nearby driveway vacation. Richard Spalding, 1140 Corby Boulevard, South Bend, IN, stated that he echoed Ms. Spalding's statements, adding that the proposed vacation will also take away parking options for him and other residents of the area, as the driveway that has been proposed to be vacated is where they would normally park, as there is no parking allowed on Corby. Mr. Danch returned to the podium for a rebuttal. Mr. Danch stated that the driveway opening to the east will not be affected by this petition just those in the west so, residents such as the Spaldings will be able to continue parking where they do. Councilmember Oliver Davis asked, Is there any way, between now and the 13th, that you could work with the neighbors to work out some agreement, and come back and have a conversation with them? It seems that they don't have a clear understanding of what you're doing and you don't have a clear understanding of maybe what they're sharing. Councilmember Gavin Ferlic recommended that Mr. Danch engage with the Department of Public Works to make sure that there is proper access for garbage trucks and the like. Mr. Danch ensured the Council that his party had engaged with Public Works already. Councilmember Tim Scott asked if Public Works is aware of the issues that the residents have. Mr. Danch stated that, if it were the Council's will, he would double-check and let the Council know. Councilmember Scott stated that he wanted to make sure that the vacation is not a detriment to the residents already there. Councilmember Karen White made a motion to continue Bill No. 69-17 until November 131h, 2017. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. 78-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING A SECTION OF CHAPTER 2,ARTICLE 6, SECTION 2-84.14 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS Councilmember Karen White made a motion to continue Bill No. 78-17 until November 13th, 2017. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 75-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2017 Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. 5 REGULAR MEETING October 23, 2017 Jennifer Hockenhull, City Controller,with offices on the 12th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Ms. Hockenhull stated, These transfers, which are just within the same funds,just between categories,typically occur when items— previously budgeted capital—don't meet the $10,000 capital threshold. The bill before us transferring such funds to cover many of the capital versus supply transfers, as well as transfers for unanticipated items—such as a Studebaker air conditioner unit that was damaged by hail. We didn't know it would happen, so we're just transferring money from our insurance fund to cover back the cost. State Board of Accounts audit fees went up drastically due to the fee structure at the State Board of Accounts that's something that we did not account for last year. Ms. Hockenhull stated that costs for Animal Care Control had also not been appropriately budgeted in prior years. 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 or opposition to this bill. Councilmember Tim Scott made a motion to send Bill No. 75-17 to the full Council with a favorable recommendation. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 76-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2017 OF $40,000 FROM GENERAL FUND (#101), $117,571 FROM PARKS FUND (#201), $25,000 FROM COMMUNITY INVESTMENT OPERATING FUND (#211), $80,000 FROM STATE-SEIZED DRUG MONEY FUND (#216), $2,733 FROM UNSAFE BUILDING FUND (#219), $97,000 FROM LOCAL ROADS & STREETS FUND (#251), $25,000 FROM POLICE GRANTS FUND (#292), $90,000 FROM FEDERAL DRUG ENFORCEMENT FUND (#299), $362 FROM ZOO ENDOWMENT FUND (#403), $40,000 FROM PARKS CAPITAL FUND (#405), $11,755 FROM PROJECT RELIEF FUND (4655), AND $396,500 FROM SMART STREETS DEBT SERVICE FUND (#756). Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Jennifer Hockenhull, City Controller, with offices on the 12th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Ms. Hockenhull stated, All additional appropriation requests are adequately covered by cash funds already in the actual funds. A few items within the additional appropriation request for the civil city funds include additional cost for utilities at various parks facilities. Part of the reason for this is, in 2017 as many of you know, we went to a full costing model for all departments, so that included charging all our departments for water so we understand how much it costs. So, we're trying to catch up on that for splash pads and things like that. Our relief program, we are budgeting for an increase to pay the relief workers at$11 an hour to returning workers and also cover a bonus should they finish the program for all seven(7) weeks. Also,we had a repair to the Studebaker Clubhouse roof that was unanticipated. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. 6 REGULAR MEETING October 23, 2017 There were none from the public wishing to speak in favor of or opposition to this bill. Councilmember Tim Scott made a motion to send Bill No. 76-17 to the full Council with a favorable recommendation. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 77-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2017 OF $20,000 FROM EMS OPERATING FUND (#287), $7,823 FROM CONSOLIDATED BUILDING FUND—CODE ENFORCEMENT (#600), $100,000 FROM SEWER INSURANCE FUND (#640), $288,850 FROM SEWAGE WORKS OPERATIONS & MAINTENANCE FUND (#641), $10,800 FROM SEWAGE DEPRECIATION FUND (#642) AND $200 FROM 2011 SEWER BOND FUND (#659). Councilmember Oliver Davis made a motion to accept Substitute Bill No. 77-17. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Jennifer Hockenhull, City Controller, with offices on the 12th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Ms. Hockenhull stated, These are the enterprise additional appropriations, and these also have adequate cash reserves in all of their funds that we're requesting the appropriations from. The items that you see before you include additional turnout here for our high school classes and our new recruits in the Fire Department, mainline sewer collapse repair, replacing a trailer that is beyond repair, et cetera. 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 or opposition to this bill. Councilmember John Voorde made a motion to send Substitute Bill No. 77-17 to the full Council with a favorable recommendation. Councilmember Randy Kelly seconded the motion which carried by a voice vote of nine (9) ayes. 65-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2018, 2019, 2020 AND 2021 Councilmember Oliver Davis made a motion to accept Substitute Bill No. 65-17. Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis made a motion to amend the agenda to place Substitute Bill No. 65-17 after 77-17. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. 7 REGULAR MEETING October 23, 2017 Stephanie Steele, City of South Bend Corporation Counsel, with offices on the 12th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Ms. Steele stated, As you've heard earlier, we have a four(4) year agreement with the Fire Union, and this ordinance reflects an agreement for four(4) years. Both sides were involved in checking over the drafting and making sure that it represents the agreements that were reached. Councilmember Jo M. Broden asked for clarification on Section D, regarding benefits and longevity. Ms. Steele responded, That agreement is under Section 7-C. Is that what you're referring to? Councilmember Broden responded,Right. Ms. Steele responded, One (1) of the things that the City and the Union wanted to provide to the fire medics was that we have a longevity pay to incentivize and reward the people who have been on the ambulance for a long length of time. This section means that if they keep all their certifications and keep all of their status, they are rewarded for their years of service with that certification. Councilmember Broden asked, It was voted on by the Union, correct?And it was just omitted from our document, which explains the substitute bill, correct? Ms. Steele responded, Yes. [Inaudible] stated, It was voted on. It was part of the proposal. Everybody heard it. The same proposal in that was included. It was just an oversight that I caught later today. 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 or opposition to this bill. Councilmember Oliver Davis made a motion to send Substitute Bill No. 65-17 to the full Council with a favorable recommendation. Councilmember Jo M. Broden seconded the motion which carried by a voice vote of nine (9) ayes. BILL NOS. 51-17, 52-17 & 62-17 CONTINUED IN COUNCIL PORTION ONLY 51-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Karen White explained to those in the public who may be new to the proceedings that though it may seem like the Council is rushing through the consideration of the City budget,the Council has held approximately fifteen(15)public hearings on the matter. Councilmember White added that hearings began earlier in the year than usual because the Council heeded the public's desire to start the process early. Councilmember White thanked all members of the government and citizenry who participated heavily in the process. Bob Palmer, Council Attorney, with offices on the 4th Floor of the County-City Building, South Bend, IN, explained that there has already been a public hearing on the three (3) ordinances in question and that this portion of the meeting was Council-only,therefore there would be no opportunity for the public to give statements in favor or in opposition to these bills. 8 REGULAR MEETING October 23, 2017 Councilmember John Voorde stated, I would like to commend Councilmember White for a superlative job of shepherding this process. Councilmember Oliver Davis asked Council Attorney Bob Palmer to share with the Council what he had researched regarding the South Shore relocation project. Mr. Palmer stated that the Council does not have direct control over the use of TIF money, as that is the purview of the Redevelopment Commission. He added that the Council does have some influence on how these dollars are used as two (2) of the five (5) members of the Redevelopment Commission are also members of the Common Council. Mr. Palmer stated, However, more control is given to the Common Council when funds are stuck in a TIF district because of bonds or loans. Bonds, especially, have to be approved by the Common Council. That's what would happen with any bond issuance having to do with the South Shore relocation. As I understand, what is happening now with that is that the portion that the City would be responsible for is relocation of the terminal itself, not the relocation of the tracks. That's the approximately $25,000,000 that's being discussed. Mayor Pete told us in one (1) of the recent meetings about the City being committed to $1,500,000 or$1,550,000. That is part of that $25,000,000 that is not a separate disbursement from the City to the TIF fund. Where we are now is that no bonds have been issued. The only expenditure that's been made or approved for the South Shore relocation is a$125,000 contract to an outside engineering firm to complete a feasibility study that came about as a result of the resolution passed by the Common Council a couple meetings ago and approved by Mayor Pete. If there is a bond issuance for any amount for the TIF District to spend on the South Shore relocation, the bond issue would have to go through their procedure and then come back to the Common Council for approval by the Common Council before any funds are allocated. Councilmember Davis thanked Mr. Palmer for his research and informed the Council and public that this will be in the City dropbox for Council and public consumption. Councilmember Karen White made a motion to send Bill No. 51-17 to the full Council with a favorable recommendation. Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9) ayes. 52-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1,2018 AND ENDING DECEMBER 31,2018 INCLUDING ALL OUTSTANDING CLAIMS,AND OBLIGATIONS,AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. Councilmember Oliver Davis made a motion to send Bill No. 52-17 to the full Council with a favorable recommendation. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 62-17 PUBLIC HEARING ON AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2018 9 REGULAR MEETING October 23, 2017 Councilmember Oliver Davis made a motion to accept Substitute Bill No. 62-17. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. Pete Buttigieg, Mayor of the City of South Bend, with offices on the 14th Floor of the County- City Building, South Bend, IN, approached the podium to list the changes made to the bill in its substitute version. Mayor Buttigieg stated, The main difference between this and the previous versions submitted to the Council is that this omits the creation of the position of a Public Safety Director. The intent of the Administration is to defer that until some time next year when we can give that more of a review. There is a position in the Mayor's office—again, no financial change, change in pay, anything like that. We've been having some conversations about the title. This restores the previous title of Project Manager for a part-time position in the Mayor's office, which, again, is not an increase or decrease but a title adjustment. Councilmember Davis stated, I would really like us to consider a salary range—whether it was the one (1)that was suggested, which is $50,000 to $65,000—for those nineteen(19)positions that are being considered. If they were at a$50,000 to $65,000 range at eight percent(8%), or a $65,000 to $85,000 up to four percent (4%), or if they are $85,000 and over they would get a flat $500 to $1,000—I would like us to consider that. Councilmember Oliver Davis made a motion to consider a salary range option of eight percent (8%)raises for salaries between$50,000 and $65,000; four percent(4%) for salaries between $65,000 and$85,000; and a flat amount of$500 to $1,000 for salaries over $85,000. Councilmember Regina Williams-Preston seconded the motion which was defeated by a roll call vote of two (2) ayes and seven(7) nays (Councilmembers Jo M. Broden, Dr. David Varner, John Voorde, Gavin Ferlic, Karen White, Tim Scott, and Randy Kelly). Councilmember Dr. David Varner agreed with Councilmember Davis regarding the fact that there needs to be a discussion about municipal salary for the City of South Bend, and stated that he hopes that it can take place next year. Councilmember Karen White stated that if the Council wants to go about setting parameters for City salaries, as well as other budgetary concerns, it must be done early on. Councilmember White stated, So, as we move forward, I would invite any Councilmember to sit down with me, and let's have a conversation. Of course, we will involve the Administration, as well, but we need to have that conversation. But we're not, at this point on October 23rd, 2017 dealing with this. Councilmember Davis stated, I'd also add to that discussion positions that look very similar. I'm okay with us having more people in the Mayor's office or in different offices, but I believe the justification for those positions has to come at the beginning of the budget process. Councilmember Tim Scott made a motion to send Substitute Bill No. 62-17 to the full Council with a favorable recommendation. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of seven(7) ayes and two (2) nays (Councilmembers Oliver Davis and Regina Williams-Preston). 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 9:46 p.m. Council President Tim Scott presided with nine (9)members present. BILLS–THIRD READING 10 REGULAR MEETING October 23, 2017 BILL NO. 51-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1,2018 AND ENDING DECEMBER 31, 2018 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Gavin Ferlic made a motion to pass Bill No. 51-17. Councilmember Karen White seconded the motion which carried by a roll call vote of eight(8) ayes and one(1) nay (Councilmember Oliver Davis). 52-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018 INCLUDING ALL OUTSTANDING CLAIMS,AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. Councilmember Gavin Ferlic made a motion to pass Bill No. 52-17. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 54-17 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3333 N. KENMORE ST, COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Gavin Ferlic made a motion to pass Bill No. 54-17. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 55-17 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 212 EAST SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Gavin Ferlic made a motion to pass Substitute Bill No. 55-17. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 62-17 THIRD READING ON AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- 11 REGULAR MEETING October 23, 2017 BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2018 Councilmember Oliver Davis made a motion to accept Substitute Bill No. 62-17 as it was in 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 made a motion to pass Substitute Bill No. 62-17. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of seven (7) ayes and two (2) nays (Councilmembers Oliver Davis and Regina Williams-Preston). 65-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2018, 2019, 2020 AND 2021 Councilmember John Voorde made a motion to accept the fourth version of Substitute Bill No. 65-17. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember John Voorde made a motion to pass Substitute Bill No. 65-17. Councilmember Dr. David Varner seconded the motion which carried by a roll call vote of nine (9)ayes. 75-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2017 Councilmember Gavin Ferlic made a motion to pass Bill No. 75-17. Councilmember Dr. David Varner seconded the motion which carried by a roll call vote of nine (9) ayes. 76-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2017 OF $40,000 FROM GENERAL FUND (#101), $117,571 FROM PARKS FUND (#201), $25,000 FROM COMMUNITY INVESTMENT OPERATING FUND (#211), $80,000 FROM STATE-SEIZED DRUG MONEY FUND (#216), $2,733 FROM UNSAFE BUILDING FUND (#219), $97,000 FROM LOCAL ROADS & STREETS FUND (#251), $25,000 FROM POLICE GRANTS FUND (#292), $90,000 FROM FEDERAL DRUG ENFORCEMENT FUND (#299), $362 FROM ZOO ENDOWMENT FUND (#403), $40,000 FROM PARKS CAPITAL FUND (#405), $11,755 FROM PROJECT RELEAF FUND (#655), AND 12 REGULAR MEETING October 23, 2017 $396,500 FROM SMART STREETS DEBT SERVICE FUND (#756). Councilmember Gavin Ferlic made a motion to pass Bill No. 76-17. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 77-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2017 OF $20,000 FROM EMS OPERATING FUND (#287), $7,823 FROM CONSOLIDATED BUILDING FUND–CODE ENFORCEMENT (#600), $100,000 FROM SEWER INSURANCE FUND (#640), $288,850 FROM SEWAGE WORKS OPERATIONS & MAINTENANCE FUND (#641), $10,800 FROM SEWAGE DEPRECIATION FUND (#642) AND $200 FROM 2011 SEWER BOND FUND (#659). Councilmember Gavin Ferlic made a motion to pass Substitute Bill No. 77-17. Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Gavin Ferlic made a motion to pass Bill No. 77-17. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 17-49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4321 S. MICHIGAN STREET Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Ayoka Paek, Zoning and Business Services Administrator, Building Department,with offices at 125 Lafayette Boulevard, Suite 100, South Bend, IN, served as the presenter of this bill. Ms. Paek stated, This special exception petition for a tattoo parlor in Community Business District comes to you with a favorable recommendation from the Area Board of Zoning Appeals. The ABZA also approved a variance from the required sixteen (16)parking spaces to nine (9). One (1)person spoke in remonstrance of the application, regarding sign content for the business, which is not legally enforceable. Councilmember Oliver Davis asked, When you say it's not legally enforceable, could you please elaborate on that? Ms. Paek responded, The person who spoke in remonstrance was asking to keep the content of the signs and not have certain symbols in the signs, not have certain words in the signs—and that is content restricting, and we are not legally able to tell people what they can or cannot say on their signs. That cannot be made a part of the approval for the variances or the special exception. Rodney Eckenberger, 217 South Michigan Street, South Bend, IN, served as the petitioner of this bill. Mr. Eckenberger stated that his intent is to move to 4321 South Michigan Street, South 13 REGULAR MEETING October 23, 2017 Bend, IN, as his tattoo business, Wicked Ways Tattoo,has outgrown its original location in Lakeville, IN. 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. 17-49. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of nine (9) ayes. 17-50 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 315 NORTH MAIN STREET Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Ayoka Paek, Zoning and Business Services Administrator,Building Department, with offices at 125 Lafayette Boulevard, Suite 100, South Bend, IN, served as the presenter of this bill. Ms. Paek stated, This special exception petition for a group residence in Essential Business District comes to you with a favorable recommendation from the Area Board of Zoning Appeals. No one spoke in remonstrance of the application. Brian McMorrow, Abonmarche Consultants, with offices at 750 Lincoln Way East, South Bend, IN, served on behalf of the petitioner. Mr. McMorrow was joined at the podium by Richard Fox, of Upper Room Transitional Housing, at 335 North Main Street, South Bend, IN. Mr. McMorrow stated that the petitioner has operated a facility at the church on 335 North Main Street for twenty-five (25) years that provides transitional housing for men recovering from alcohol and drug addiction. The petitioner is seeking to create an equivalent facility for women at the location in question. 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 stated, I just want to thank you. We are in need of more services like this, especially when it comes to women's issues. You've worked well with the men and, as a licensed therapist and social worker here, I want to thank you, because I've had so many people who are in need of your services. I am definitely going to encourage and I am going to be voting for this because this is something our community needs. Councilmember Tim Scott stated, I toured the facility with Mr. Fox. I'm in full support of this. The work that you've been doing in the 1St District on this is amazing. They quietly go about their business. They have amazing residents that are hardworking people getting back on track. These are good things, and we hope the best for you in the future. Councilmember Randy Kelly made a motion to adopt Bill No. 17-50. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of nine (9) ayes. 17-61 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 325 SOUTH WALNUT STREET, SOUTH BEND, 14 REGULAR MEETING October 23, 2017 INDIANA 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MASTERBILT, INCORPORATED Dan Buckenmeyer, Department of Community Investment, with offices on the 14th Floor of the County-City Building, served as the presenter of this bill. Mr. Buckenmeyer stated, We are just looking for confirmation of a tax abatement for a sixty(60) year old legacy business in South Bend,to help them do some expansion. 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. 17-61. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 17-63 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3333 N KENMORE ST, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR TRI-PAC, INC. Dan Buckenmeyer, Department of Community Investment, with offices on the 14th Floor of the County-City Building, served as the presenter of this bill. Mr. Buckenmeyer stated, This is a tax abatement for a new entrant into South Bend. Tri-Pac is a new entrant into South Bend. This will aid them in funding the relocation of their business from Michigan. Vikram Shah, President of Tri-Pac, Inc.,17336 M60, Vandalia, MI, served as the petitioner of this bill. Mr. Shah stated that Tri-Pac manufactures consumer products and wishes to move its business to South Bend, IN from Vandalia, MI. Councilmember Oliver Davis asked how many jobs he would be bringing to South Bend. Mr. Shah responded, About forty (40)jobs. 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 this bill. Those from the public wishing to speak in opposition to this bill: Sue Kesim, 4022 Kennedy Drive, South Bend, IN, stated, Just some concerns about this. There were concerns about the height of it,being near the airport. There are two (2) yards close by. I think the landscaping should be imposed and not given the variance. The drainage is of concern and the current cut-ins are very close to solvent storage tanks. Councilmember Tim Scott clarified that no rebuttal to Ms. Kesim's statement of opposition was necessary because the bill in question was concerned with the tax abatement for the project, not the rezoning to which Ms. Kesim was referring. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-63. Councilmember Jo M. Broden seconded the motion which carried by a roll call vote of nine (9) ayes. 15 REGULAR MEETING October 23, 2017 17-67 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3333 N KENMORE ST, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TRI-PAC, INC. Dan Buckenmeyer, Department of Community Investment, with offices on the 14th Floor of the County-City Building, served as the presenter of this bill. Mr. Buckenmeyer stated, This is a tax abatement also for Tri-Pac. The last one (1) we discussed was for the real property—the building itself. This is for personal property,which refers to actual equipment. So, it supports them in making a multimillion dollar investment in the equipment that will reside within their walls. Vikram Shah, President of Tri-Pac, Inc.,17336 M60, Vandalia, MI, served as the petitioner of this bill. Mr. Shah stated that they plan on moving equipment from the Michigan site to the Indiana site, as well as to add production and pharmaceutical lines and cleaning rooms to the facility. 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. 17-67. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of nine (9) ayes. 17-69 A RESOLUTION SUPERSEDING A CONFIRMATORY RESOLUTION AND MODIFYING AND 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 REAL PROPERTY TAX ABATEMENT FOR GLC SBDC II, LLC Dan Buckenmeyer, Department of Community Investment, with offices on the 14th Floor of the County-City Building, served as the presenter of this bill. Mr. Buckenmeyer stated, The abatement is a modification of a previous abatement for this building that has not yet been built, but we want to accelerate the action so we can get a critical piece of commercial property inventory in place. The substitute bill, as an aside, is just simply to correct some scrivener's errors and the primary description and corporate entity name. Councilmember Gavin Ferlic made a motion to accept Substitute Bill No. 17-69. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Regina Williams-Preston asked Mr. Buckenmeyer to present to the Council and public a summary of what has changed regarding the abatement. Mr. Buckenmeyer responded, In brief, about a year ago it was proposed as a nine (9) year tax abatement that would be tiered from one-hundred percent (100%) down with the benefits basically degrading, if you will, over the course of the nine (9) years. What we are doing is accelerating that, abridging the term to six (6)years and making it a hundred percent (100%) abatement to accelerate and encourage the developer to build this piece of property. We had 16 REGULAR MEETING October 23, 2017 noted in our previous presentations that there have been potential entrants to South Bend that chose other cities to locate in that had looked for a location here. We don't have any existing commercial real estate inventory that fits this profile, which is the profile that just about any new manufacturer,wholesaler,warehouser is looking for in terms of ceiling height, docks, and other amenities. So, that is the reason that Community Investment is interested in moving this project along. Jeff Smoke, Great Lakes Capital, 112 West Jefferson Boulevard, South Bend, IN, served as the petitioner of this bill. Mr. Smoke stated, We're just looking to capitalize on the success that the first building we did two (2) years ago had. 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 Regina Williams-Preston stated that since there has been so much concern regarding the one-hundred percent (100%)tax abatement, she would be voting against the bill. Councilmember Gavin Ferlic stated that he appreciates DCI's creativity regarding this project. Councilmember Ferlic stated that normally TIF dollars are used for projects of this sort, costing the City money,but that none are being used for this project. Councilmember Ferlic stated, Thanks for the great work, Community Investment. Councilmember Gavin Ferlic made a motion to adopt Substitute Bill No. 17-69. Councilmember John Voorde seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Regina Williams-Preston). 17-71 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (OLD NATIONAL ANNEXATION AREA) Councilmember Oliver Davis made a motion to continue Bill No. 17-71 to October 13th, 2017. Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9) ayes. 17-72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND AUTHORIZING THE ISSUANCE OF BONDS OF THE CITY OF SOUTH BEND REDEVELOPMENT DISTRICT AND RELATED MATTERS Councilmember Karen White, Chair of the Personnel and Finance Committee,reported that they met this afternoon and send this bill forward with a favorable recommendation. Aaron Perri, Executive Director of South Bend Venues, Parks and Arts, with offices at 321 East Walter Street, South Bend, IN, served as the presenter of this bill. Mr. Perri presented to the Council and public a video encouraging the expansion of green spaces in the City of South Bend. Mr. Perri stated, The suite of projects that we'll be discussing tonight is every bit as transformative as the Smart Streets project that just won statewide recognition, and I can't help but believe that we'll be back here, in just a couple of years' time, accepting an award for our work here. Such a plan hasn't been dreamed of in South Bend since nearly a hundred (100)years ago—almost to the date—when George Tessler presented the Parks and Boulevards plan. We dusted off that plan, as well as dozens of other neighborhood plans: the City Plan 2025,the 2014 17 REGULAR MEETING October 23, 2017 Parks Master Plan, as well as other community pieces of feedback and other planning documents such as the Riverfront Parks and Trails conceptual framework that was just completed a couple of months ago,the City Cemetery Master Plan,the Coal Line Trail planning process. We also consulted with all kinds of industry standards and benchmarks. We're one (1) of the only agencies in the country using georeferenced amenity standards programs. As a matter of fact, a PhD student in North Carolina just presented on South Bend's work using that, combined with the Trust for Public Land's park score. We're the only agency that I'm aware of that has operated at the level of thought and detail that went into this. Mr. Perri explained that six (6)benchmark indices were considered: how issues in social equity can be tackled, how public safety is looked at, ecology, neighborhood improvement, economic impact, and recreation value. Mr. Perri stated that there has been an attempt to educate the public on the societal benefits beyond health and wellness that parks offer the community. Mr. Perri continued, The Council was onboard enough to support an initial parks bond—the first one (1) in almost forty (40) years—a couple of years ago. In the past two (2) years,thanks to that work, we've been able to complete quite a few projects all over the City. We've been very proud of the work that's been happening. A lot of these things have been deferred maintenance projects, if we are honest. That wasn't hidden when we first looked at it. It was kind of a neglected system, but, along the way, we have also been able to do quite a few neat things as well, such as new playgrounds at Kennedy, and a splash pad and basketball at Fremont, and other ones. There are currently several projects we've got in progress right now. We just announced the new dog park coming out in Rum Village. We just broke ground at Howard Park. We've got a few projects underway. We have made all of this information available over the past five (5)months at mysbparksandtrails.com. The Charles Black Center renovation and expansion we are really proud of, as well. Mr. Perri continued, Then we have this suite of projects that are currently planned and proposed. Heavily along the riverfront, as a result of My SB Parks, is the Riverfront Parks and Trails Conceptual Framework peppered through just about every neighborhood, including neighborhoods that haven't historically been serviced by the parks system. Howard Park, lots of riverfront trail upgrades, Seitz Park,Leeper Park, Pinhook—that's our kind of Riverfront Parks and Trails Conceptual Framework. Then we go out into the neighborhoods and look at Pulaski Park. On the south side,you have O'Brien Center. Just about every park that has a pavilion is in need of upgrades in some way, shape, or form. We have twenty-two (22)restrooms throughout the parks system—none of them are ADA-compliant. We will be making those all compliant and upgrading those, as well. The Coal Line Trail; some work on the golf round at Erskine and Elbel; the City Cemetery; some additional security efforts—we have some real storage needs, as well as those new park build-outs and acquisitions to help service areas that are underserved. Mr. Perri stated that though he is excited about these projects, many of these improvements are simply needed for the community. Mr. Perri continued, I mentioned the Trust for Public Land partnership that we had. We are certainly the smallest city to undertake this type of study. We are one (1) of the only ones that have combined it with the georeferenced standards program I'd mentioned. Mr. Perri explained that they took a look at where parks are located in the City in relation to where people live, paying particular attention to low-income demographics, population density, and where children live. Mr. Perri stated, There are actually four(4)key areas that we want to target for investments with additional either acquisitions or build-outs or partnerships. That's contemplated in the entire My SB Parks and Trails initiative. Mr. Perri continued, Tonight, you're going to hear about two (2) different bond issues that really make this entire transformative piece of work possible. The funding mechanism's roughly a third, a third, and a third. We've already got committed just over$12,000,000 worth of outside funding. These are partnerships with the University of Notre Dame and the Pokagon Band and the Potawatomi Indians. These are state grants, like Regional Cities, and federal grants, like the Rails to Trails program. We seek to leverage those funds with the two (2) bonds that you'll hear tonight. One (1) would be a redevelopment bond from the River West TIF, and one (1) would be a new parks bond. To move into some of the pragmatics of Bill No. 17-72 that you have in front of you: it is the redevelopment bond, which was unanimously approved at the Redevelopment 18 REGULAR MEETING October 23, 2017 Commission and heard publicly twice. We do have bond counsel representatives from Barnes & Thornburg and Umbaugh, here, to speak on the specifics of that bond financing mechanism. Randy Rompola, Barnes & Thornburg LLP, with offices at 100 North Michigan Street, South Bend, IN, served as presenter of this bill. Mr. Rompola stated, The resolution before you is the concluding action. The Redevelopment Commission has previously held public hearings and adopted resolutions determining to issue redevelopment district bonds. As Aaron mentioned,the intent is that these bonds be payable from TIF from the River West. We also anticipate having a tax backup in place to provide additional security which will allow the bonds to be sold at an interest rate, premised upon the City's rating,which is obtainable if the bonds have the tax backup in place. These bonds would be issued in the spring of 2018. This money is not needed currently,but we undertook the approvable process in line with the series of park bonds. If you approve these tonight, nothing further would happen until the spring of 2018. Councilmember Regina Williams-Preston stated that she received an email from a resident containing several statements that she wanted to forward to Mr. Perri and have him respond to. Councilmember Williams-Preston stated, He points out that, according to the most recent Equal Opportunity Commission data in 2015, forty-eight(48) of the employees in the City of South Bend earn over$43,000 a year in these two (2) specific departments: the Departments of Community Investment and Parks. Only four(4) were identified as African-American or Hispanic. That may have changed—increased or decreased—but, I think he makes a really good point that having a process exclusive of African-American and Hispanic leadership, and selecting and developing proposals without explicit utilization of best practices in Parks administration has led to deeply inequitable results. One (1) of the things that he said, with regards to looking at the proposal here, was that census block groups with parks receiving the lion's share of these proposed improvements have a far higher Caucasian representation than the City average. He says it's also clear that some of the parks,with little or no proposed funding, and some west side neighborhoods with no nearby parks at all,have significantly higher African- American or Hispanic representation than the City average. He notes that this disparity is deeply disappointing and unjust. That's the first statement that I want you to address. Mr. Perri stated that he would like to correspond with the resident in question directly, adding, That hasn't been brought to my attention previously. Mr. Perri stated that he is proud to have a diverse department, stating that all the municipal departments seek to improve diversity. Regarding the planning process, he stated that that has been happening for over a decade, beginning with the City Plan 2025 and including the 2014 Parks Master Plan, which won a State award at the Indiana Parks and Recreation Association. He stated, Every single thing that showed up in the 2014 Master Plan is represented in My SB Parks and Trails. Mr. Perri explained that in developing the plan, they looked at issues of racial equity and geographic equity,paying attention to areas and populations that have been underserved. He stated, When we talk about things like making all of our restroom ADA-compliant or looking at our trail systems becoming universally accessible,those are also important things in that realm. So, I think we've got work to do,but I think this plan addresses this pretty head-on. Councilmember Williams-Preston stated, Just to add to that, I think that there have been improvements—I didn't see it in this proposal, but at Kennedy Park, at Fremont Park, and more than what was listed here?For Charles Black? Mr. Perri responded, Thank you for pointing that out. The largest project we've done to date that we see actually coming out of the ground is the Charles Black Center. Fremont Park was a wildly inclusive neighborhood program that we worked closely with the neighborhood on the development that's happening there. They have the largest splash pad in the city at Fremont Park. Kennedy Park saw our first adventure playground go up and a new basketball court, and there's more to happen there, yet. If you look at the suite of projects that are yet proposed and you add them up, you're going to be looking at more than half of the projects happening outside of the downtown area. So,we're proud that this is a geographically diverse investment, as well. Councilmember Williams-Preston stated, I just wanted to thank you. I wanted to make sure that that was brought and put on the record,because I can see an effort, and I just want to thank you 19 REGULAR MEETING October 23, 2017 for that effort. One (1) last thing: he also mentions that he would like to see a goal that all residents of our city should be within a half-mile walk of a park. Mr. Perri stated, Yes, so that's the ten(10) minute walk there that we looked at with the Trust for Public Land. That's important to us,too, and I believe the Mayor is actually signing on to the ten (10) minute walk campaign. I don't speak for him, but I believe that's important to the Mayor, as well. I echo the appreciation back to you. Thanks for engaging in the whole process. Councilmember Tim Scott asked, Aaron,how long have you been at this position? Mr. Perri responded, Almost two (2) years, now. Councilmember Scott stated, I know it's not just you—I know it's your staff and everything, and that there is a refocus. There's no disrespect to anybody that's been there in the past or present, but as our director, there is focus, and you lead that kind of agenda. Councilmember Scott stated that this parks bond was a good start to fixing what needs fixing in South Bend parks. Councilmember Oliver Davis asked Mr. Perri which parks would be addressed and which would not by this parks bond and TIF bond, and how his department would address the remaining parks. Mr. Perri responded that, contrary to what is written on the current version of the bill's cover letter, its thirty-six (36) out of the fifty-two (52) park properties in the City, as opposed to thirty- two (32). Councilmember Davis asked what the parks bond and/or TIF bond do for families that have members with disabilities and if they drew any inspiration from the Miracle Park concept. Mr. Perri responded, So, Miracle Park, it turned out, wasn't quite the right fit for our organization. We don't have the ongoing operational expertise to do that. But, I am aware that there are groups that we'll be partnering with to make that a reality in the future. In exchange for that, though, it became really evident that what was more important to families was their neighborhood parks. The ones that they use every day. Rather than just have a specialty baseball field, let's make sure that all the restrooms are ADA compliant. Let's make sure the trails systems are in compliance. Let's make sure we have safe routes to the parks, so sidewalks in and out of parks, and things of that nature. Any new playgrounds that we've been installing lately are universally accessible, as well. Potawatomi has the universally accessible surface as well as Keller Park. We look forward to introducing more of those wherever you see playground upgrades. Councilmember Oliver Davis asked, So, therefore, as you move forward with the park bond and the TIF bond, you're incorporating ideas and concepts from the Miracle Park to address it, and to help benefit and promote families who have disabilities? Mr. Perri responded, Absolutely. 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 from the public wishing to speak in favor of this bill: Sue Kesim, 4022 Kennedy Drive, South Bend, IN, thanked the Parks Department for addressing ADA issues in the parks and making the parks universal. Ms. Kesim wondered if there were a way to finance this project that did not involve an additional $2,900,000 of interest paid over fifteen(15) years and challenged the City to find a creative solution to the problem. John Smith,2001 South Lawrence Street, South Bend, IN, stated that he supports improving all South Bend parks. Kathy Klimick, 929 West Colfax Avenue, South Bend, IN, stated, I think it's important that our students feel inclusive in their neighborhood. So, if we can create these parks that address mobility issues, that address our cognitive issues, that address all of our students at various ability levels—I think that's going to just bring that neighborhood feel back to South Bend, back to those areas where maybe it's been lost. 20 REGULAR MEETING October 23, 2017 Robin Vida, Director of Health Education, St. Joseph County Health Department, with offices on the 81" and 9t'Floor of the County-City Building, South Bend, IN, stated, We know that less than half of our County residents meet physical activity recommendations. We know people that live closer to parks and have park development throughout a geographical location have three (3) times the likelihood that they will be more physically active, which ultimately leads to better overall wellbeing. This investment is a long-term investment in public health and ultimately the health of our County. Mara Trionfero, 913 Wayne Street, South Bend, IN, stated that she is excited for the improvements that would come to the parks as a result of this project. Ms. Trionfero stated that she recently visited Pulaski Park and was disappointed by the number of needs it had. She stated that she appreciated that in looking at the plan, she could see that there was an emphasis—in the ten(10) minute walk concept—on high quality parks. She stated, I'm hoping that this really will just level the playing field, so that not only are we within ten(10) minutes of walking—or long- biking—we are getting the high quality that we deserve. Willow Wetherall, 817 Harrison Avenue, South Bend, IN, stated that great parks have been a very important part of her family's life. Ms. Wetherall stated, I'm excited to see this investment in our parks,because I want South Bend—not only for current generations, but for future generations—to have remarkable assets in its parks system. John Roush, 21260 Baneberry Trail, South Bend, IN, stated that the new plan should make the parks more enjoyable and safer for everyone. Mr. Roush also stated that he looks forward to the increase in business that should come about due to the new plan. Kathy Heiderman, 51889 East Gatehouse Drive, South Bend, IN, stated that she loves the new biking trail from Angela Boulevard, down Darden, and through the East Race. Ms. Heiderman stated that when people ask where they can walk, she suggests South Bend's downtown walkways. She also suggested potentially snowshoeing or cross-country skiing on the bike pass. Juan Constantino, 746 South Meade Street, South Bend, IN, stated, I think it will be a big step for the youth in our community to know that they have the same opportunity and a nice park, in their eyes, in their neighborhood. Jeff Rae, President and CEO of South Bend Regional Chamber of Commerce, 101 North Michigan Street, South Bend, IN, stated that he was present on behalf of the business community of South Bend to show their support for this project. Mr. Rae stated, As your economic development partner,we see firsthand how important these kinds of improvements are to a community. When we studied communities across the country, it was the investment they made in quality-of-place improvements that really helped move the needle. Regina Emberton, President of the South Bend-Elkhart Regional Partnership, 4477 Progress Drive, South Bend, IN, stated, South Bend, like so many cities across the Midwest, faces one (1) of the biggest economic development threats, which is population stagnation. In order to ensure the future economic and wage growth that we desire, South Bend must retain and attract an adequate level of new talent. The State and the Regional Development Authority believe that this is the kind of project that will enhance and enrich our communities: arts, culture,recreation, innovation, and connectivity. We know that it will help attract talent and be a catalyst for private investment in the City. Talent attraction and retention is so critical,that it's been named as one (1) of five (5)key pillars in our economic development strategy, with the ultimate goal to transform net out-migration—which is now nearly double the State's average of two (2)people per every thousand (1,000)per year leaving—to a positive in-migration by 2025. One (1) of the key strategies in retaining and attracting good talent is to enhance the desirability of the region through increased community spaces, diverse housing choices, and connectivity among our communities. The Blueways project is an example of how we can do this. At this moment, many employers in our region are struggling to find the talent that they need to fill open jobs and to advance their companies. By supporting projects like the Blueways initiative,we can take a step forward in retaining and attracting the kind of talent that will make us a world-class community and economy. 21 REGULAR MEETING October 23, 2017 Adam Toering, 236 South Notre Dame Avenue, South Bend, IN, stated that, as a citizen, Howard Park was a major factor that led him and his family to choose to live near the park; as the Deputy Director of the Historic Preservation Commission, Mr. Toering stated that he has been fortunate to be growing a relationship with the Park Department as they continue to maintain and build on the City's historical assets. Beth North, 54747 Merrifield Drive, Mishawaka, IN, stated that she has used the trails in South Bend to train for marathons and that she has participated in numerous walks for different causes, and she has seen families come to these walks who have children in vehicles that the current trails don't accommodate. Ms. North stated that the upgrades along the trails and to the amenities of the City's parks will be a huge bonus for the area. She stated, The most important thing of all is that we need to improve our health, and if we're out walking, biking, and talking to each other, doing yoga on the park lawn, we will all be in better health and we'll all feel better. Jonathan Jones, 2203 Basin Street, South Bend, IN, stated, I'm fully in support of this project because I feel that it really exemplifies the social equity that the City is really looking for. Luella Webster, 701 East Howard Street, South Bend, IN, stated that there was a time when Kelley Park was deplorable, and it took petitioning from residents and their children to get the ball rolling on renovating the park. Today,the park that most children once avoided can now regularly be seen entertaining fifty (50)to seventy-five (75) children, Ms. Webster stated. She urged the Council to support this bill. Beth Sanford, 1013 North St. Peter Street, South Bend, IN, stated that she has worked with Ms. Webster for the past few years, helping to renovate Kelley Park. Ms. Sanford stated that she is excited to see Howard Park's transformation. Mary Bundy, 318 South Francis Street, South Bend, IN, echoed Councilmember Williams- Preston's statement regarding spreading the wealth of these parks. Ms. Bundy stated, We can't all have a zoo within walking distance, we can't all have the most amazing splash pad, we can't all have those amazing trails in Rum Village—but they're accessible. I can go there, and nobody is going to say, "Oh, do you live in this neighborhood?"No—it's a city park. It's all of ours. Myron Larimer, 402 East South Street, South Bend, IN, stated, Great cities have great parks, and great parks help build great cities. You will see more people choosing to relocate to areas that have great recreational opportunities for their quality-of-life, and you will also see more people choosing to stay. Darrell Pargo, Sr., 727 California Avenue, South Bend, IN, stated that he has watched the parks in South Bend go from good to great, and the people who use these parks have noticed. Mr. Pargo stated, I know that within time, if you can support this program, it will go from good to great to become awesome. Vicki McEntire, 1233 East Erskine Manor Hill, South Bend, IN, stated that she is Co-Chairman of the Studebaker Electric Fountain, and that they hope to bring the fountain back to the City in Leeper Park. Ms. McEntire stated that they have raised over eighty percent (80 1/6) of their monetary goal to pay for the fountain. She urged the Council to support this parks bond. George Friend, 221 East Colfax Avenue, South Bend, IN, stated that the relocation he and his wife made to downtown South Bend was a great one (1), and that he is in full support of enhancing the trails and parks in the City. Barb Sutton, 528 Ostemo Place, South Bend, IN, stated that she applauded the Parks Department and project team for all the inclusion of residents involved in the process. Ms. Sutton stated that she is excited to see the community pay this forward to the children and grandchildren and great- grandchildren of the future. She stated, On behalf of my neighborhood, we say yay. Sara Boukdad, 319 East LaSalle Avenue, South Bend, IN, stated that the Parks Department has shown that it cares about the community. Ms. Boukdad referenced a case where shots had been fired at her local park in 2016. The event had created a lot of fear but not much trust in the City. The community had a picnic, despite the shooting, and Mayor Pete Buttigieg attended. The Parks Department subsequently helped to revitalize the park. Ms. Boukdad stated,Not only does that 22 REGULAR MEETING October 23, 2017 show that the Parks Department really cares about this community, but that it's also doing it with this community. It is really bringing people together,bringing trust back to our neighborhoods. I think if we have a well-maintained park system and a really dedicated Parks Department, people will take more initiative to maintain their properties. I think they'll see the value in coming together as a community. Mark Neal, 1329 East Washington Street, South Bend, IN, stated, I think that approving this bond and the one that's to follow will demonstrate that, as a city,we can continue to work together to build a great city where we can live,work, play, and engage. Those from the public wishing to speak in opposition to this bill: Sharon Banicki, 2822 Ford Street, South Bend, IN, stated that though she loves parks and is in favor of improving them, the City needs to pay off bonds that already exist. Ms. Banicki stated, We are leveraging not only our children's future but our grandchildren's future on speculation, and I think we need to slow down and take it step-by-step. We don't need to do $50,000,000 of work in one (1) year, or two (2) years, or three (3) years. We're still how many years out before we pay off these wonderful streets that were $41,000,000? We're still paying off the Cove. We're still paying off the "Hall of Shame." We're going to be paying off debt forever. So, slow down,take a deep breath, think about where the future is going to be before you jump off the cliff again for another speculative project. Mr. Perri approached the podium to give a rebuttal. Mr. Perri stated, I think you have seen broad support. There's a reason why we call this My SB Parks and Trails. Unlike the Parks and Boulevard plan that I mentioned earlier,that was developed by one (1) landscape architect. This was developed by copious, copious amounts of community feedback. I think you've seen the strong community support. We're proud of that. The work doesn't stop here, obviously. We'll need that continued community support as these plans become a reality. But I think we have a strong plan. It's very fiscally responsible, and we are able to do it without raising taxes, and able to leverage over 12,000,000 private dollars that we've already secured. Councilmember Oliver Davis stated he is glad to see the City Cemetery, South Bend's first park, included in this parks plan, and that he is thankful for the successful execution of the dog park in Rum Village. Councilmember Davis added, We need to make sure that parks are connected with our TRANSPO, so,therefore, our children and our families can use our TRANSPO. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-72. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 17-73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND AUTHORIZING THE ISSUANCE OF BONDS OF THE CITY OF SOUTH BEND PARK DISTRICT AND RELATED MATTERS Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Councilmember Tim Scott announced to the public that Bill No. 17-73 should have been heard with 17-72, as they pertain to the same project. Aaron Perri, Executive Director of South Bend Venues, Parks and Arts, with offices at 321 East Walter Street, South Bend, IN, served as the presenter of this bill. Mr. Perri stated, This final third would be the New Parks Bond, which was unanimously approved at the recent Parks Board meeting. Randy Rompola, Barnes & Thornburg LLP, with offices at 100 North Michigan Street, South Bend, IN, served as presenter of this bill. Mr. Rompola stated, This resolution does approve of the issuance of a series of bonds by the City, acting on the behalf of the Parks District to issue the bonds. As Aaron said,the Parks Board did adopt a bond resolution and a confirming 23 REGULAR MEETING October 23, 2017 resolution and held public hearings approving of the issuance of the bonds. These bonds would be issued prior to the end of the year for two (2) reasons: one (1), to allow projects to proceed, but also that these bonds would be payable from a tax levy, and you have ten(10) days to position these bonds so that the tax levy that is rolling off for the Hall of Fame facility would be the same levy that's used to pay on these bonds. So,there would be no increase as a result of this bond issue. You just simply replace the existing levy in place of the Hall of Fame, which is going on. These bonds would be issued prior to year-end for that purpose and then also to help pay for the costs that would be incurred with respect to the projects. Councilmember Oliver Davis stated, Ms. Banicki had talked about the Hall of Fame bond that we need to pay off prior to doing this. Could you address that, because, in a sense, this is paying off—Could you talk about that, about how that is going to be paid off?And then a second thing: could you explain to the audience why we're doing two (2)bonds instead of just doing the redevelopment now? Mr. Rompola responded, With respect to the Hall of Fame,the Hall of Fame bonds are being paid off, so the Hall of Fame levy should otherwise go away. So,the intent was to structure this financing so that it would just fit within the existing Hall of Fame levy. So,there would be no additional tax increase as a result of this bond issue. Councilmember Davis asked, And that part of the Hall of Fame would be gone? Mr. Rompola responded, Right, exactly. With respect to the two (2) issues—partly because of the redevelopment at the River West there are certain projects that, as mentioned in the committee meeting,that support the River West. Then we can make a legal conclusion that the project support in the River West development area—so, partly funded from the TIF revenues that are available from the Redevelopment Commission, and then partly done as a series of park bonds that will be able to fit within the existing Hall of Fame levy. So, the intent was to maximize the benefit of both financing techniques and receive the best, say, bang for the buck in terms of being able to use the existing Hall of Fame levy and also use the TIF that's available from the River West development area. 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. 17-73. Councilmember John Voorde seconded the motion which carried by a roll call vote of nine (9) ayes. BILLS FIRST READING BILL NO. 79-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2- 84.9(c)AND 2-84.9 (e) OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS Councilmember Karen White made a motion to send Bill No. 79-17 to the Community Investment Committee for Second and Third Readings on November 13th, 2017. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS 24 REGULAR MEETING October 23, 2017 BILL NO. 17-70 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 3419 W. WASHINGTON STREET Councilmember Dr. David Varner made a motion to send Bill No. 17-70 to the Area Board of Zoning Appeals on November 1 st, 2017 and the Zoning and Annexation Committee on November 13th, 2017. Councilmember Jo M. Broden seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Tim Scott had passed to each Councilmember a document upon which they were to state their voting record on bills pertaining to the 2018 Budget. NEW BUSINESS There was no new business tonight. PRIVILEGE OF THE FLOOR Sharon Banicki, 3822 Ford Street, South Bend, IN, stated that she had to call 911 several times in the past week—one (1) of those times for armed robbery—and recounted difficulties that the dispatchers had in locating her, due to the software that they implement as well as the fact that the dispatchers do not seem to know the area well. Ms. Banicki stated that there is such a volume of information needed before the dispatchers and send police that perpetrators know that they have time to commit their crime and flee the scene. Ms. Banicki stated that in the case of the armed robbery, a police officer was only a few blocks away from her, but due to all the information that Ms. Banicki had to give to the dispatchers,the officer—who is also required to be present with another officer in the event of an armed robbery—could not come to her home until five (5) minutes had passed. She stated, Make the 911 Center a top priority, because it's just going downhill fast. Corinne Bennett, 211 South Michigan Street, South Bend, IN, stated that she is a resident of the Robinson Apartments which houses elderly and disabled residents. Ms. Bennett stated that she presented a petition to the Mayor regarding the hiking of parking fees for Robinson residents. She stated, Does anybody in this room pay for parking where they live? She stated that she gathered signatures from residents for the petition and produced it for the Council. Councilmember Tim Scott stated that copies could be made and returned to her. She suggested the use of a resident sticker instead of a parking fee and urged the Council to help. Sue Kesim, 4022 Kennedy Drive, South Bend, IN, thanked the Council for the engagement with the public regarding the City budget process. Ms. Kesim stated that she would like to collaborate with Councilmember Karen White in the future, if it were possible, in putting together worksheets and the like for the budget process next year. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 10:04 p.m. 25