HomeMy WebLinkAbout11-27-17 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
November 27, 2017
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE,WE RECOMMEND THE SAME BE APPROVED:
TIM SCOTT
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VARNER
APPROVED BY THE COMMON COUNCIL ON: December 11, 2017
ATTEST:
EMAH FO ER, CITY CLERK
REGULAR MEETING November 27, 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,November 27th, 2017 at 7:00 p.m.
The meeting was called to order by Council President Tim Scott. The Invocation was given by
Pastor Eddie Ruiz of Fish Lake Community Church 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
Bianca Tirado Deputy Clerk
Graham Sparks Clerk Executive Assistant
Bob Palmer Council Attorney
REPORT FROM THE SUB-COMMITTEE ON MINUTES
The Subcommittee on Minutes were not able to meet and,therefore, the minutes of the
November 13th, 2017 Common Council Meeting were not approved at this meeting.
SPECIAL BUSINESS
BILL NO.
19-2017 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
PUBLICLY RECOGNIZING AND
COMMENDING MR. LARRY BAUER, MR.
DON FOZO, MRS. IRIS OUTLAW, MR.
GEORGE EFTA, AND MS. JACKIE RUCKER
FOR THEIR LONG-STANDING COMMITMENT
TO REBUILDING TOGETHER ST. JOSEPH
COUNTY
Karen White, Councilmember At-Large, 1912 Malvern Way, stated, I am very proud to be one
(1) of the sponsors of this very outstanding resolution. This honors four(4) outstanding
individuals who work with Rebuilding Together of St. Joseph County.
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REGULAR MEETING November 27, 2017
Oliver Davis, 6th District Councilmember, 1801 Nash Street, stated, I am proud to be one (1) of
the sponsors of this resolution. A resolution of the Common Council of the City of South Bend,
Indiana,publicly recognizing and commending Mr. Larry Bauer, Mr. Don Fozo, Mrs. Iris
Outlaw, Mr. George Efta, and Ms. Jackie Rucker for their long-standing commitment to
Rebuilding Together St. Joseph County. Whereas, The Common Council of the City of South
Bend, Indiana is humbled to honor and publicly recognize the many years of service performed
by the recently resigned Rebuilding Together Board Members. And, Whereas, Mr. Larry Bauer
served for twenty-three (23) years from 1994-2017, Mr. Don Fozo served for twenty-three (23)
years from 1992-2015, Mrs. Iris Outlaw served for twenty-three (23) years, from 1993-2016, Mr.
George Efta served for twenty (20) years from 1996-2016, and Ms. Jackie Rucker served for
fourteen(14) years from 2003-2017; and
Councilmember Karen White stated, Whereas, Rebuilding Together St. Joseph County, formerly
known as "Christmas in April", is a non-profit, community-based partnership of volunteers from
local government,businesses and other non-profits, whose purpose is to improve, through
rehabilitation, the homes of low-income homeowners—especially the elderly or disabled. And,
Whereas, Since St. Joseph County's chapter began in 1989, volunteers have donated their time
and services, generating nearly$11.5 million dollars in repairs to 650 homes in eight
neighborhoods; and
Regina Williams-Preston, 2nd District Councilmember, 838 N. Elmer Street, stated, Whereas,
Since 1989, Rebuilding Together has completed projects in many South Bend neighborhoods:
Northeast, Southeast, West Washington, Westside/St. Casmir's, Rum Village,Northwest and
Near Northwest,Near Westside Partnership Ctr., Marquette/Keller Park, Lincoln School, River
Park, Westside, and LaSalle. And, Whereas, Volunteers from the Saint Joseph Valley Building
and Construction Trades Council and other skilled contractors and volunteers from community
organizations and businesses complete the skilled work, with eighty-nine percent of the donated
funds directly benefitting the recipients of the program.Now, Therefore, be it Resolved by the
Common Council of the City of South Bend as follows:
John Voorde, Councilmember At-Large, 1029 Clermont Drive, stated, Section One (1), It is my
distinct honor to publicly commend and honor the service of Mr. Larry Bauer,Mr. Don Fozo,Mrs.
Iris Outlaw,Mr. George Efta, and Ms. Jackie Rucker for their countless contributions made to our
community through their leadership on the Rebuilding Together Board. Section Two(2),On behalf
of the City of South Bend, Indiana, I am most humbled to thank Mr. Larry Bauer, Mr. Don Fozo,
Mrs. Iris Outlaw, Mr. George Efta, and Ms. Jackie Rucker for their longstanding service and
commitment to our city and wish them all luck in their retirement.
Councilmember Karen White stated, Section Three (3), This Resolution shall be in full force and
effect from and after its adoption by the Council and approval by the Mayor. We seek your
approval of this resolution.
President Tim Scott opened the floor to comments from all Councilmembers.
Gavin Ferlic, Councilmember At-Large, 1109 Duey Street, stated, Congratulations on all the great
work, thank you.
Councilmember John Voorde stated, This represents one hundred and three (103) years
collectively, in experience, on this board, and that is amazing. Congrats and thank you for all your
service.
Dr.David Varner, 5th District Councilmember, 1306 Clayton Drive, stated, I know everyone looks
forward to the activities of Rebuilding Together every year. In these twenty-four(24) and twenty-
five (25) years, we have covered a lot of ground. I appreciate your efforts and leadership.
Jo M. Broden, 4th District Councilmember, 1319 Ostego Street, stated, Congratulations. Great
vision as board members and great leadership over the years. The impact and longevity alone are
just amazing things. I know we have all benefitted from the work you do. I love this program
because it is so well orchestrated between the funding partners,the trades and the volunteers from
all different areas of our community. What a wonderful legacy to be a part o£
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REGULAR MEETING November 27, 2017
Randy Kelly,3 District Councilmember, 1325 E.Wayne Street,stated,$11 million worth of work
is remarkable but I don't think it begins to speak to the level of the amount of goodwill you have
brought to our community through your work. Thank you so much and congratulations.
Councilmember Regina Williams-Preston stated, This is the kind of thing that is really near and
dear to my heart. There is really nothing more important. We talk about Maslow's hierarchy and
shelter is right there. The whole concept of what this organization has brought to this community
is really what makes a community great. I'm honored to bring this resolution to the Council tonight
and thank you for your service.
Councilmember Oliver Davis stated, It is truly an honor to be one (1)of the sponsors. You help us
bring Christmas all year around. As a person who is about to be Santa in a few more weeks in our
schools, I say thank you.
Councilmember Karen White stated, I would not only like to say thank you to the Council but to
the four (4) individuals we are honoring today. I also know there are thousands of individuals
behind the work that you have done. I really love the title because it speaks to what we, as a
community, are looking for.
Council President Tim Scott stated, I would like to apologize, I introduced this as Habitat for
Humanity. However, I do appreciate everything you all do.
Council President Tim Scott then opened the floor to members of the public wishing to speak in
favor of or in opposition to the legislation. There were none. He then turned the floor back to the
Council for further comment or main motion. Councilmember John Voorde made a motion to
adopt Bill No. 19-17 by acclamation. Councilmember Dr. David Varner seconded this motion
which carried unanimously by a voice vote of nine (9) ayes.
REPORTS OF CITY OFFICES
Representing the City Administration: Suzanna Fritzberg and Laura O'Sullivan
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:15 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the
Whole. Councilmember Karen White seconded the motion which carried by a voice vote of nine
(9) ayes. Councilmember Gavin Ferlic, Chairperson, presiding.
Councilmember Gavin Ferlic explained the procedures to be followed for tonight's meeting in
accordance with Article 1, Section 2-11 of the South Bend Municipal Code.
PUBLIC HEARINGS
BILL NO.
68-17 PUBLIC HEARING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE AND
SEEKING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 403 S. PARRY
STREET 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 with a favorable recommendation.
Angela Smith, Deputy Director of the 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 in red. She referenced a slide in the
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REGULAR MEETING November 27, 2017
presentation(available in the City Clerk's Office). She continued, They are seeking to rezone
from SF-2, Single-Family and Two (2)-Family to LI , Light Industrial. It is located on the corner
of Parry and Western Avenue. To the north and to the west of the site are properties zoned LI,
Light Industrial. To the south of the site are properties zoned SF-2, Single-Family and Two (2)-
Family. To the east of the site, across Parry Street, are apartments zoned MU, Mixed-Use. There
used to be single family home on the site which was demolished to make way for an expansion
of the Robert Henry Corporation. Under the site plan they provided, the amount of parking
would not be permitted under the setbacks however they were granted a variance subject to the
rezoning decision. The existing site is only zero point seven(0.7) acres and it is proposed to be a
gravel storage lot that would be screened by an eight (8) foot opaque fence and landscaping
along Parry Street. This comes to you from the Area Plan Commission(APC)with no
recommendation on the rezoning and a favorable recommendation on the Special Exception use.
This is a two (2)part ordinance that includes the rezoning to the LI, Light Industrial, and a
special exception use for outdoor storage in excess of twenty percent(20%) of the total gross
floor area of buildings on the lot. Since there are no buildings on the lot, that threshold is
exceeded pretty quickly with this site plan.
Mike Danch, Danch, Harper& Associates,1643 Commerce Drive, South Bend, IN, served on
behalf of the petitioner of this bill. Mr. Danch stated, I am representing the petitioner, Robert
Henry Corporation. We are asking to rezone from the SF-2 district to the LI district for
approximately only 3,000 square feet of area. We are trying to take the lot that had a house on it
and make it a better area. The owner had received support from the Department of Community
Investment at the time of purchase. We wanted to be sure we did exactly what we need to do to
be able to move forward with the gravel area. We are committing to an eight(8) foot high wood
screening fence. The setback coming back from the sidewalk right-of-way on Parry Street is
about ten(10) feet. It will be a landscaping area. Not only would we have the wood screening
fence but we would have the landscaping. We are also asking Council for that special exception
for the gravel area. The Robert Henry Corporation has spoken to the neighboring residents as
well as the Howard Park Neighborhood Association. There have been some neighbors worried
about how this might affect their neighborhood plan. This rezoning is only temporary as is the
gravel. This temporary status gives the ability in the future to move forward with the
neighborhood plan.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Mary Bundy, 318 S. Frances Street, South Bend, IN, stated, I'm here representing the residents
of the Howard Park Neighborhood as President of the Howard Park Neighborhood Association.
We had Steve Henry come to our neighborhood meeting and all of the people at that meeting, by
the time the meeting was over, had no opposition. We are generally in favor of this being the best
use of the property for the time being. I then walked the neighborhood and approached people
who were not at the neighborhood meeting and, out of those residents and property owners, there
was no opposition. In fact,they were all for it and were hoping for a privacy fence. In general,
we are for this use of the property.No matter what happens with this property, it will not affect
the ongoing development. In fact I think this is better for the neighborhood. Someone said the
City isn't taking this plot of land seriously toward planning for more residential development.
What I would like to say to that is this neighborhood is driven by the market. People want to live
here. It is a great area and highly walkable. The more the people move to it,the more that will
drive Robert Henry Corporations out. With all due respect, we want it to be residential and we
will get there. However for the time being, I don't think this adversely affects those plans.
Councilmember Oliver Davis made a motion to send Bill No. 68-17 to the full Council with a
favorable recommendation. Councilmember Tim Scott seconded the motion which carried by a
voice vote of nine (9) ayes.
70-17 PUBLIC HEARING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT THE NORTHEAST
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REGULAR MEETING November 27, 2017
CORNER OF NILES AVENUE AND CEDAR
STREET, 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 with a favorable recommendation.
Angela Smith, Deputy Director of the 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 just over an acre at the northeast corner of Niles and Cedar. This
would be a parking lot to serve the Beacon Health Employees nearby. The site is currently split
zoned between CBD, Central Business District and MU,Mixed-Use. This rezoning would bring it
all under the CBD, Central Business District zoning. To the north and east of the site are properties
zoned MU, Mixed-Use. To the west and south of the site are properties zoned CBD, Central
Business District. The site is currently vacant. There is a grade change the petitioner would need
to address during the development process. The one point two (1.2) acre site will be used for a
parking lot for approximately one hundred and seven (107) parking spaces. The site plan shows
the appropriate landscaping and, for the majority of it, the setback is consistent with that. There is
a small area where the property lines don't follow the rest of the property lines. If rezoned, they
received a variance for a setback reduction subject to the rezoning being passed by Council. This
comes to you from the Area Plan Commission with a favorable recommendation. Rezoning the
site to CBD, Central Business District will bring the entire parcel under a common zoning
destination and allow for a cohesive development of the site consistent with the character of the
area.
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 are trying to do is have a consistent
zoning for this particular area. What Beacon Health would like to do is add additional parking.
They have an administrative office just about a block north of this site that employs about one
hundred and seventy-five (175)people. That facility only has about eighty-six(86)parking spaces
so what they would like to do is get additional parking for their employees. We would make an
underground retention area for drainage to avoid any runoff into Niles Avenue. We did receive
that variance for the setback.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Councilmember Oliver Davis made a motion to send Bill No. 70-17 to the full Council with a
favorable recommendation. Councilmember Karen White seconded the motion which carried by
a voice vote of nine (9) ayes.
71-17 PUBLIC HEARING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1032 WAYNE
STREET, 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 with a favorable recommendation.
Angela Smith,Deputy Director of the Area Plan Commission,with offices on the I Vh 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 located on the southwest corner of Wayne and Eddy.
It is a small parcel that contains a residential structure currently zoned SF-2, Single-Family and
Two (2)-Family. It was rezoned from the MU, Mixed-Use District in 2009 to the SF-2 District.
The owner at the time believed that would help them with their property taxes so they rezoned. To
the north and east of the site are homes zoned both SF-1 and SF-2. To the south of the site are
offices zoned MU, Mixed-Use. The side of the residence facing Wayne has residential character
but as you move south along Eddy Street, you can see a more business-like character to the side
of the property. Parking is located to the rear of the site. The site plan proposes no changes to the
site. This comes to you with a favorable recommendation from the Area Plan Commission.
Rezoning this site to MU,Mixed-Use,will allow for the adaptive reuse of a structure that could be
used for offices and residential that is consistent with the character of the area.
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REGULAR MEETING November 27, 2017
Brad Emberton, 26230 Twin Lakes Trail, South Bend, IN, served on behalf of the petitioner of
this bill.Mr.Emberton stated,It is hard to add to Ms. Smith's presentation.This property was used
as commercial property for nearly one hundred (100) years and was mistakenly rezoned. They
never turned it into residential property and we think it makes sense to turn it back to its modular
use.
Councilmember Oliver Davis asked, Did you speak with the surrounding neighbors to see if they
were in support of this?
Mr. Emberton replied, Yes, we met with the neighborhood association to explain our plan and
answer questions, and they seemed to be in favor of it.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Adam Toering, 236 S. Notre Dame Avenue, South Bend, IN, stated, I am a member of that
neighborhood association and we were in favor of it.I also serve as Deputy Director of the Historic
Preservation Commission and, this property being a historic landmark, we would like to see it in
use as opposed to being vacant.
Councilmember Jo M. Broden asked, Is the petitioner aware that this is a historic property?
Mr. Emberton replied, Yes, we are.
Councilmember Randy Kelly made a motion to send Bill No. 71-17 to the full Council with a
favorable recommendation. Councilmember John Voorde seconded the motion which carried by
a voice vote of nine (9) ayes.
80-17 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING AN
1NTERLOCAL AGREEMENT BETWEEN THE
CITY OF SOUTH BEND AND THE COUNTY OF
ST. JOSEPH TO PROVIDE CITY
MANAGEMENT RESPONSIBILITY FOR THE
HISTORIC PRESERVATION COMMISSION OF
SOUTH BEND AND ST. JOSEPH COUNTY(THE
HPC) AND AMENDING CHAPTER 2 ARTICLE
4, SECTION 2-13, SUB-PART (B) (7) OF THE
SOUTH BEND MUNICIPAL CODE TO INCLUDE
THIS AS AN ADMINISTRATIVE FUNCTION OF
THE DEPARTMENT OF COMMUNITY
INVESTMENT
Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they
met this afternoon and send this bill forward with no recommendation.
James Mueller, Executive Director of Community Investment with offices on the 14th floor of the
County-City Building, South Bend,IN, served as the presenter of this bill.Mr. Mueller stated, The
ordinance before you does two (2) main things. The first being the placement of responsibilities
of Historic Preservation in the Department of Community Investment,as contemplated in the 2018
Budget. Secondly, it ratifies an Interlocal Agreement between the County and the City. There was
some lengthy discussion during the budget process and also earlier today in Committee.If we were
able to find the original Interlocal Agreement,the primary changes we would be seeking to amend
would be purely on the staffing component. So the changes we are looking at are only on the
staffing component. However, we were unable to find the preexisting Interlocal Agreement. For
peace of mind, this new Interlocal Agreement ensures that if someone does find the original
Interlocal Agreement, this new agreement would supersede the old agreement. With that, the
Historic Preservation Commission was never really contemplated to have any structural or
procedural changes at this time. The things contemplated were purely budgetary and the oversight
of the staff. There will be second legislative action needed by the Council to amend the Historic
Preservation parts of the Municipal Code. That is set to go before the Area Plan Commission
meeting in December 2017, and will come to this Council sometime in January 2018. We have
heard, at the request of the community and Councilmembers, that the Historic Preservation
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REGULAR MEETING November 27, 2017
Commission needs to be more customer-service minded and we will work tirelessly to make sure
that happens.
Councilmember Karen White inquired about the timeframe and deadlines that come with this
Interlocal Agreement.
Mr. Mueller stated, This is an Interlocal Agreement that has to be approved by four (4) main
bodies. It has to be approved by both the Common Council and the County Council as well as
ratified by the Mayor and the County Commissioners. It has to be the same text in all of those
votes. If we were to make changes, given our timeline, it would be hard to get them onto all the
agendas without special sessions.
Councilmember Jo M. Broden followed up asking, So it would be difficult but not impossible?
Mr. Muller replied, Practically, it is very difficult but I wouldn't say impossible. All these bodies
could have special sessions.
Councilmember Jo M. Broden interjected, Would it require special sessions if, let's say we work
on it jointly this week to make sure everybody is apprised of the changes? My assumption is that
hasn't happened yet where the County Council and Common Councilmembers have gotten
together and looked at this,jointly, together. Does the calendar allow changes to the Interlocal?
Councilmember Oliver Davis asked, What day does the County Council meet?
Angela Smith,Deputy Director of the Area Plan Commission, with offices on the 11th floor of the
County-City Building, South Bend, IN, stated, The Commissioners meet on the 11t and 3rd
Tuesdays of each month and the Council meets on the 2"a Tuesday of each month. Their
committees are typically held on the 4th Tuesday,however, in December 2017 they are meeting on
December 19.
Council President Tim Scott stated, With all due respect, Councilmember Broden, you are
assuming the County Councilmembers want to be a part of this process. Every Councilmember
I've talked to in the County doesn't care about it now that the budget decision has been made. I
also don't understand what changes you are recommending. Are you recommending certain
changes to the Interlocal Agreement right now?
Councilmember Jo M. Broden replied, Yes, I would like to make some changes to the Interlocal
Agreement. Or at least make sure changes were contemplated in the process. Specifically, one (1)
change would be with regard to the termination clause. If either side terminates within this
Interlocal Agreement,to go from a joint board to separate boards.Operating independently by City
and County. One (1) possible amendment to this agreement would be to include the options, not
the requirement,to revert to the previous structure,which they are currently operating under,or to
the Area Plan Commission. What this agreement proposes as of now actually precludes us from
looking at those options in the future. A second change to consider is giving more clarity to the
evaluative measures and who exactly is responsible for that. Even the reporting requirements
precludes us as a Council. If we are going to be adding an entire department, I would like to be in
the position, as a Councilmember, to address this oversight portion of it. Apparently there is a
transition plan. I assume that is a draft plan at this point, but I would like to see that presented to
us.I would like to know what the benchmarks and evaluative measures are before taking a vote on
this.
Councilmember Tim Scott asked, Would the County ever take this Commission back into their
budget if there was severability?
Mr. Mueller replied, Almost certainly, they would not and they don't have the resource to do so.
Those options are simply off the table.
Councilmember Dr. David Varner stated, From an administrative perspective, Mr. Mueller has
stated we have two (2) steps we need to take care of. One (1) is tonight and one (1) is by the end
of the year. From an administrative perspective going forward, under the Department of
Community Investment, do you believe the management can be handled? Or do you anticipate
there will be more changes?
Mr.Mueller replied,We fully anticipate to be able to execute what is contemplated in the Interlocal
Agreement. We can't say,for certain,what the County will decide to do in the middle of next year
or the year after that. I imagine they will stick with it.
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REGULAR MEETING November 27, 2017
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Elicia Feasel, Executive Director Historic Preservation Commission, 125 S. Lafayette Boulevard,
South Bend, IN, stated, I am here to speak in support of the Interlocal Agreement and the
transferring of the Historic Preservation Commission to the City, particularly the Department of
Community Investment from St.Joseph County.With that said,I would like to speak to the process
to which this has been done. It is not easy for me to say in a public forum. We were concerned
there would be a loss of services to citizens of St. Joseph County. One (1) thing in the Interlocal
Agreement is that the County has decided on$11,250 as their budget for Historic Preservation for
2018. That is three hundred (300) hours at $37.50 per hour. That is not adequate to cover the
services we currently provide to the County. We are the only Code Enforcement that the County
has. We follow minimum maintenance standards for the County which is enforced by the Building
Department. In order to do minimum maintenance standards surveying, we actually have to travel
to the County landmarks, of which there are seventy-four (74). That is something we have found
to take approximately fifteen (15) months, in addition to our schedule of the office, to get out to
all seventy-four(74)landmarks. We provide a report to those owners. We spoke to an owner today
that owns a farm on Portage Road and she said the minimum maintenance standards surveys are
helpful to property owners because rather than being reactionary, they are a proactive tool to help
the owners understand what problems may be showing on their property. It serves as an invitation
to work with the Historic Preservation Commission. We just don't feel only six (6) hours a week
would be adequate to do that work.
Ms. Feasel continued, In our attempts to preserve our function within the County, we spoke to the
County Council and I think, at that time, we were perceived as being adversarial. I would like to
say very sincerely to you that it was not adversarial to becoming a City Department, my concern
was about the process. It was about, for the last however many years you all have been discussing
this,I was under the impression this was a discussion about balancing the budget,not a full transfer,
and I was not involved in those conversations. That being said, I am very much in support of this
shift because after the Councils voted on their budgets, we immediately begin working with the
Department of Community Investment to create a transition plan. We will not have a loss of
services. In the last month, I have felt very welcomed and well aligned with the planning
department. I think we will find further efficiencies that will allow us to continue serving the
County. We have received a number of calls from County landmark owners that are concerned
and actually frustrated at how little they were included in this process.
Adam Toering, 236 S. Notre Dame Avenue, South Bend, IN, stated, My first day with Historic
Preservation was September 5,2017. We were notified on September 6,2017 that this process was
to come about. Since that point, I have attended a number of County Council meetings to advocate
on behalf of these landmark property owners to ensure all needs are met. We can all agree to the
imbalance of the payment structure so we look forward to that being rectified. Elicia and I had our
concerns throughout this process but we look forward to this resulting in stream-lined operations
that this opportunity brings to us. We look forward to digitizing our records. I implore you to make
this happen because we want to keep working.
Councilmember Jo M. Broden stated, A couple of additional amendments I have are to require
transition updates to the Common Council and the HPC Commission. The current agreement does
not specify to whom in the County that update would go. And specifically we need to have those
transition updates benchmarked against the yet-to-be-seen transition plan. Another recommended
change,that I think the benefit of additional time could help us look at,could be us working closely
with DCI, the Historic Preservation Staff as well as the Commission and representatives of the
County. Within this agreement, there is a monthly staff requirement report on activities and time
and it is only limited to the calendar year of 2018. Yet this agreement contemplates an automatic
renewal. To automatically renew without an evaluation process from the main legislative bodies
is just an oversight.
Councilmember Gavin Ferlic asked, Just to clarify, would you like to right now, Councilmember
Broden, make any of these specific amendments into motions?
Councilmember Jo M.Broden replied,I guess my first recommendation is,if it does not necessitate
special meetings by the Council,that we actually postpone this vote and work to clean up some of
these issues and then, short of that, yes I would like to include the four (4) or five (5) I have
mentioned tonight so I will revisit that later. Alternatively, I guess, is if there is a way to integrate
the legislative bodies within this agreement to have a more specific evaluative role going forward.
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REGULAR MEETING November 27, 2017
I can make the amendments but I'm not keen to doing that on the floor, I think that is poor
legislative action.
Councilmember Gavin Ferlic then asked, Is the document that is being considered by the County
Council the same as this one? If we made a few minor changes to this document, what is the
opportunity it could be passed through the County with adequate time?
Mr. Mueller replied, I think it would be very difficult to get the same text approved by all four (4)
bodies by the end of the year if there were any amendments to this document tonight.
Councilmember Oliver Davis asked, Have all four (4) bodies already seen this yet?
Mr. Mueller replied, Either they have been introduced or they are on the agenda to be introduced.
Councilmember Oliver Davis then asked, I mean it might be on their agenda but have they all, in
a sense,seen it?Have they given you a good impression that they are willing to go with it?Because
if they haven't all seen it, if we pass this tonight with amendments, wouldn't that be the one that
has to be in their agenda?
Mr. Mueller replied,These Interlocal Agreements are complicated.There are four(4)bodies,there
are nine (9) of you, nine (9) on the County Council, three (3) Commissioners and the Mayor
involved in this. There have been representatives of all these bodies in these discussions. The
County is not interested in making any further changes and they are ready to move it through their
process in both bodies.
Councilmember Oliver Davis interrupted,My thing is this. Listening to Councilmember Broden's
suggestions and given the fact that the County won't finance anything and don't care, the issue
then comes to be what we care about. If we have the majority,would that not encourage the Mayor
to sign along with that, too? That is two (2) of the bodies that would be really well equipped. And
the Commissioners, since they have the same issue with that standpoint because the funding is
coming through us, would that not expedite the time?
Mr. Mueller replied, It is possible we could make changes and come to a new agreement with the
County. Based off of how they have gone so far, it is very unlikely you'll even get an answer in
time to move it through the appropriate bodies.
Councilmember Oliver Davis interjected, The question that I'm trying to get in my brain is what
makes the County give us a delayed answer on the current document more than an amended
document? Haven't they already seen it?
Mr. Mueller replied, Certain representatives of those bodies have seen this document and have
signed off on it.
Councilmember Oliver Davis stated, So are we the last ones in this, with all fairness to us?
Mr. Mueller replied,No, you are actually the first ones to go through the full process of it all.
Councilmember Oliver Davis, I should put it this way then. So, in those other bodies, it has not
come before them in a full meeting?
Mr. Mueller replied, No because they were in the budget process. They had a number of
conversations, as did we, about this transition. There were some written questions that we have
responded to.
Councilmember Oliver Davis interjected, So basically, outside of budgetary questions, have they
had that opportunity? That is what I am saying. We know they have all gone through the budget
side of it, but this second phase, have they seen that one (1)? It seems to me that, from talking to
everybody who has talked to me this evening, the current document, if we pass it, is a green light
for everybody else. What gives everybody that confidence that it is such a green light? Versus, if
we made a few changes, what would give everybody the yellow light? I haven't had that really
explained to me clearly tonight. I heard there was only one(1) meeting in December,but now I'm
told tonight that there are two (2) meetings in December. Do you see what I'm saying? Are we
cool?
Mr. Mueller replied, From the City perspective,the biggest issue was the staffing change. This, as
I mentioned earlier, is purely contemplated as a staffing change from the County staff payroll to
the City staff payroll. There are these other associated questions but that was the primary concern
was whether the City would be willing to take on the staff.That was discussed and approved during
the budget cycle. Some of these reporting requirements for the County don't apply because they
9
REGULAR MEETING November 27, 2017
no longer oversee the staff. We, however, are happy to come in whenever you guys want because
we do that all the time. What makes the County comfortable right now is not blowing through that
three hundred(300) hour cap.
Councilmember Oliver Davis stated, I'm glad you said that.Basically,what I'm hearing from you,
that as long as we don't blow through their three hundred (300) hour cap, these other issues that
Councilmember Broden raised are non-issues? What in the world would the County have issues
with Councilmember Broden's concerns,then?
Mr. Mueller replied, If the Council wants to put the passing of this in jeopardy by adding changes
they can do this. All other bodies are ready to move forward on this and it is the first time I have
been made aware of these concerns brought to me today.
Councilmember John Voorde stated, I think we all recognize the importance of the Historic
Preservation and their function. They preserve our heritage and hold onto what has made us what
we are today.The work their staff has done,to date,is commendable. There was a disproportionate
workload between the City and County. The City was only paying thirty percent (30%) yet
receiving seventy percent (70%) of the work. Had there been discussions to just increase the
funding to seventy percent (70%), I'm not sure I would have voted for that because there would
have been no oversight. Now that it is intended to be under the City, we will have all sorts of
oversight and evaluative measures.We can ask the Department,at any time,to report on that aspect
of their department. As a Council I think we have to keep in mind our responsibility is legislative
and oversight,not administrative.We shouldn't get into the minutiae of details in how departments
are run. I think it is a vote of confidence in how the Department of Community Investment runs to
continue the good work you do. I don't think it is our role to decide who is doing what and how
they go about doing it. We have been through two (2) cycles of Priority Based Budgeting. The
second year was better than the first and I contemplate that the third year is going to be better than
last year in terms of meaningful review of goals, objectives and performances. We will have that
oversight in the 2018 process and a lot will happen in terms of melding the City and County. I
think it is incumbent upon us to let this go forward and proceed to step out of the way of
administrators trying to do their job. We will end up with a better product,I know we will,because
everyone really wants the same thing, and this is the way to go about it.
Councilmember Oliver Davis stated, With all due respect I believe that I can concur on voting
tonight, ok, I can. But I will not concur on voting tonight in the sense that I'm doing it out of the
fact that I am, in many ways, doing Mr. Mueller's job. I believe the questions that we have asked
are one hundred percent(100%) in the role of the legislative branch, ok? I think that a part of the
board composition is part of the legislative branch. I believe that sometimes we get criticized
when we ask questions and we end up giving the Mayor a free hand and I disagree with that. I
think it is our firm role to ask questions and to do policy and everything else. All the reason why
I can look at that is because we need to get it under our umbrella right now. This whole process
has been interesting, ok? This has been a whirlwind of stuff and that is why we are here today.
We should have our time to ask questions. We are here having to make a decision tonight.
Mr. Mueller stated, If we would like to have had an update meeting at the Committee level on its
first reading, I would have appreciated being notified. It is hard for me to know unless you tell
me directly if you need some more information on these things.
Councilmember Oliver Davis interjected, I'm more than glad and comfortable in doing that. The
issue I would just like to share with that is this. We need to be aware. There was no knowledge
that we were under these timelines. That was a surprise to us.
Councilmember Regina Williams-Preston asked, Could you speak to the things that will be
grandfathered in?
Mr. Mueller replied, The authority and powers of the Commission, itself, will all be
grandfathered in. The contemplation was about only the staff, and not changing the Commission.
If we don't have a continuity of service through the City and County, there is then a limbo period
and there may be a gap. That is ambiguous, legally, but we are trying to be cautious not to have
that ambiguity.
Councilmember Jo M. Broden asked, So our Historic Preservation Commission was enabled
under certain legislation that predated State changes? If we were to change this drastically or
10
REGULAR MEETING November 27, 2017
separate entirely, then we would have to fall under the existing enabling legislation that the State
Legislators have adopted, am I correct?
Mr. Mueller replied, That is correct.
Council President Tim Scott asked, Do you want a vote on this tonight as it is written?
Mr. Mueller replied, We would prefer a vote on this tonight, yes.
Councilmember Karen White stated, As I was thinking about the process and the agreement, I
was thinking that, if we had time to have that second time, then we should take it. However what
I am hearing is the possibility of having that would be challenging for a number of reasons. What
I am also thinking about is that, as we look at issues such as this,we should discuss
Councilmember Broden's suggestions moving forward. Voting on this would give us the
opportunity to get to the points Councilmember Broden is looking at. When we have these types
of critical bills before us, I think it is really important to utilize our time to schedule special
meetings on off Council meeting Mondays.
Councilmember Jo M. Broden asked, So just to be clear,there is time within the scheduling of
the County Council, the County Commissioners, this body, and our Mayor, to actually sign an
amended Interlocal Agreement, if we chose to do so and had agreement from representatives
from those bodies?
Mr. Mueller replied, As I have said,technically, yes, practically,very little.
Councilmember Jo M. Broden then asked, Where would this bill fall within the Committee
structure of our standing committees?
Council President Tim Scott replied, It would be in our Community Investment Committee.
Council President Tim Scott then stated, I concur one hundred percent(100%) with
Councilmember John Voorde. I think Historic Preservation will be a completely different entity
after our vote tonight and it will grow. I think it will be for the better all the way around. Every
conversation I have had with anyone on the County side did not want to have any part of it
anymore. We can have follow up with this. We are getting into minutiae of how this will go
forward.
Councilmember Tim Scott then made a motion to send Bill No. 80-17 to the full Council with a
favorable recommendation. Councilmember John Voorde seconded the motion which carried by
a voice vote of nine (9) ayes.
RISE AND REPORT
Councilmember Tim Scott made a motion to rise and report to full Council. Councilmember
John Voorde 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 8:22 p.m. Council President
Tim Scott presided with nine (9)members present
BILLS—THIRD READING
BILL NO.
68-17 THIRD READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE AND
SEEKING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 403 S. PARRY
11
REGULAR MEETING November 27, 2017
STREET COUNCILMANIC DISTRICT NO. 4 IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Gavin Ferlic made a motion to pass Bill No. 68-17. Councilmember Karen
White seconded the motion which carried by a roll call vote of nine (9) ayes.
70-17 THIRD READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT THE NORTHEAST
CORNER OF NILES AVENUE AND CEDAR
STREET, COUNCILMANIC DISTRICT NO. 4 IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Karen White made a motion to pass Bill No. 70-17. Councilmember Gavin
Ferlic seconded the motion which carried by a roll call vote of nine (9) ayes.
71-17 THIRD READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1032 WAYNE
STREET, COUNCILMANIC DISTRICT NO. 4 IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Gavin Ferlic made a motion to pass Bill No. 71-17. Councilmember Karen
White seconded the motion which carried by a roll call vote of nine (9) ayes.
80-17 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING AN
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF SOUTH BEND AND THE COUNTY OF
ST. JOSEPH TO PROVIDE CITY
MANAGEMENT RESPONSIBILITY FOR THE
HISTORIC PRESERVATION COMMISSION OF
SOUTH BEND AND ST. JOSEPH COUNTY
(THE HPC)AND AMENDING CHAPTER 2
ARTICLE 4, SECTION 2-13, SUB-PART (B) (7)
OF THE SOUTH BEND MUNICIPAL CODE TO
INCLUDE THIS AS AN ADMINISTRATIVE
FUNCTION OF THE DEPARTMENT OF
COMMUNITY INVESTMENT
Councilmember Gavin Ferlic made a motion to pass Bill No. 80-17. Councilmember Randy
Kelly seconded the motion which carried by a roll call vote of eight(8) ayes and one (1) nay
(Councilmember Jo M. Broden).
RESOLUTIONS
BILL NO.
17-76 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS INTERSECTION OF
JEFFERSON BLVD AND MAIN STREET,
SOUTH BEND, IN 46601 AS AN ECONOMIC
12
REGULAR MEETING November 27, 2017
REVITALIZATION AREA FOR PURPOSES OF
A(6) SIX-YEAR REAL PROPERTY TAX
ABATEMENT FOR RIVER PARK LEASING
CORPORATION
Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Dan Buckenmeyer, Director of Business Development for the Department of Community
Investment, with offices on the 14th floor of the County-City Building, South Bend, IN, served as
the presenter of this bill. Mr. Buckenmeyer stated, We are here to launch the revitalization of the
block immediately south of this building. What used to be a fully developed downtown block is
now a sea of parking, and we are looking to change that. The northeast corner of the block was
home to the Hotel Jefferson for most of the 1900s. In 1979,that four (4) story structure was
demolished to make way for a Hardy's, only to be demolished itself in 2000. Since then and for
almost the past two (2) decades, that corner of the block has sat vacant. It is owned by the City
but is generating no revenues or benefits for our citizens. We are thrilled to present an
opportunity to avoid this situation happening for another decade or two (2). The Department of
Community Investment is recommending the approval of a resolution to designate that corner as
an economic revitalization area to aid in the revitalization of that block, and provide an assessed
value deduction or tax abatement to the property in order to incent and enable this exciting and
important property in question. The property in question will actually sit on the parcel that
includes only the eastern most half of the lot and the City will maintain ownership of the western
half of the lot in anticipation of incenting and activating future development. This will be the
first new downtown South Bend office building or development in about twenty (20) years. It
also sits on a meaningful artery between downtown and the ballpark. The proposed building
includes high-end retail with four(4) floors of Class-A office space above. It would be five (5)
stories and 3,800 square feet in total. When we evaluate opportunities to support economic
development in the City of South Bend, the top two (2) of the many factors we look at are the
levels of private investment and job creation. This building's expected $9 million price tag
represents significant private investment whilst also representing significant risk. It is important
to note that this is a new SPEC Building. The retail space is not contracted at this point. We are
in an era of high construction costs which also increases the risk. Known and committed job
creation will stem from this project. The owner has committed to creating fifteen (15) new jobs
with a payroll of$750,000 per year. In addition to those jobs, we anticipate there will be
significant indirect job creation resulting from the activation of ground floor retail and the other
offices. We, the City, are selling the parcel to the developer for$50,000. The owner of the
development citied that, "The recent revitalization of down town South Bend is an impetus for
his decision to locate here." We are thrilled to present this opportunity to the Council and hope
you are equally as excited. This property has sat idle and made no contributions to the tax rolls
for decades. The Department of Community Investment staff recommends to the Council the
approval of this resolution for a real property tax abatement at one hundred percent (100%) for
six(6)years. When the abatement does finish, the property is expected to generate up to about
$250,000 in tax revenues.
Jeff Smoke, Great Lakes Capital, 112 W. Jefferson Boulevard, South Bend, IN, served on behalf
of the petitioner of this bill. Mr. Smoke stated, We are pretty excited about this project. It is the
first office building built in down town South Bend in a number of years.
Councilmember Oliver Davis asked, Could you talk about any key environmental benefits the
owner plans to do with the building? Will you be going after LEAD Certifications?
Mr. Smoke replied, We are looking at all those facets and, given the cost to this new office
building construction, the most environmentally friendly thing we can do is to make it energy
efficient. We are definitely utilizing the latest technology for that but are also looking into green
roofs.
Councilmember Jo M. Broden asked, Was there an independent appraisal analysis for the land
value?
13
REGULAR MEETING November 27, 2017
Mr. Buckenmeyer replied,No, there was not. We have found that with down town land the
appraisals are so widely variant. We did an internal analysis by looking at neighboring property
and came to a cost per acre for vacant land and applied that to the final cost.
Councilmember Jo M. Broden then followed up, When was the last advertisement in terms of
disposition for this property?
Mr. Buckenmeyer replied, I can't speak to exactly when the last attempted disposition was for
this parcel. There is a For Sale sign on it, though.
Councilmember Jo M. Broden then asked, Does the developer have an opportunity for first
notification rights? Was that contemplated in the agreement at all?
Mr. Buckenmeyer replied, We haven't finalized the purchase agreement yet. That will be done at
the Redevelopment Commission.
Councilmember Karen White stated, I would like to thank you for your comprehensive report.
We are looking at a one hundred percent(100%) for six (6)years. Can you clarify what that
means? Also, in the last three (3)months, how many other one hundred percent(100%)
abatements have come to our Council?
Mr. Buckenmeyer replied, The total abated, over the six (6) years, will be approximately $1.3
million. After that period, we expect to start receiving $200,000 to $250,000.
Councilmember Karen White stated, I know when decisions are made to move in this direction,
there are a lot of factors to consider before bringing this to the Council.
Mr. Buckenmeyer replied, There are. We have some analytical tools that factor in depreciation
and building material. It is a very comprehensive algorithm. If need be, we also look at tax
abatement opportunities in particular circumstances.
Councilmember Dr. David Varner asked, Will there be any restrictions on the land next to the
building?
Mr. Buckenmeyer replied, We haven't worked through the whole detail of the purchase or
development agreement as we are in the midst of it right now.
Councilmember Dr. David Varner stated, That means that is a real possibility.
Mr. Buckenmeyer stated, The Department of Community Investment will not do anything that
damages our ability for future development.
Councilmember Dr. David Varner stated, I think the public deserves an explanation of the
overall planning of use for the remaining land. This is in a TIF District.
Councilmember Oliver Davis stated, Would the use of the other part of the property have to
come before us?
Mr. Buckenmeyer replied, The purchase agreement would go through the Redevelopment
Commission.
Councilmember Oliver Davis stated,No, if they were requesting an abatement, they would.
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 stated, Thank you, again, Community Investment and Great Lakes
Capital for you investment. The creativity in terms of preserving TIF dollars and using the tax
abatement keeps our ratio right in line with our goal of fifteen percent (15%). I couldn't be more
excited to see a brand new office building in down town South Bend.
Councilmember John Voorde stated, I would like to commend Community Investment and this
Administration for taking advantage of an opportunity that has presented itself for the
development of that piece of property. Opportunities to develop that property have come and
14
REGULAR MEETING November 27, 2017
gone in the past. We could have had an office building there a long time ago. I compliment this
Administration.
Councilmember Karen White made a motion to adopt Bill No. 17-76. Councilmember Gavin
Ferlic seconded the motion which carried by a roll call vote of eight(8) ayes and one (1) nay
(Councilmember Dr. David Varner).
BILLS FIRST READING
BILL NO.
81-17 FIRST 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 send Bill No. 81-17 to the Personnel and Finance
Committee for Second and Third Readings on December l Vh, 2017. Councilmember Karen
White seconded the motion which carried by a voice vote of nine (9) ayes.
82-17 FIRST 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 $49,745 FROM
CONSOLIDATED BUILDING FUND—CODE
ENFORCEMENT (#600), $1,500 FROM WATER
WORKS DEPOSIT FUND (#624), $1,000 FROM
WATER WORKS SINKING FUND (#625), $4,500
FROM WATER WORKS DEBT RESERVE O&M
(#629), $30,000 FROM SEWAGE WORKS O&M
RESERVE (#643), AND $148,300 FROM
CENTURY CENTER(# 670).
Councilmember Karen White made a motion to send Bill No. 82-17 to the Personnel and Finance
Committee for Second and Third Readings on December 11 tn, 2017. Councilmember Gavin
Ferlic seconded the motion which carried by a voice vote of nine (9) ayes.
83-17 FIRST 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 $125,000 FROM DCI
GRANT FUND (#212), $100,000 FROM STATE
SEIZED DRUG MONEY (#216), $250,000 FROM
LIABILITY INSURANCE FUND (#226), $49,000
FROM COVELESKI STADIUM (#401), $955,670
FROM VEHICLE-EQUIPMENT LEASING
(#750), $22,500,000 FROM EDDY ST
COMMONS CAPITAL (#759), AND $2,500,000
FROM EDDY ST COMMONS DEBT SERVICE
FUND (#760).
15
REGULAR MEETING November 27, 2017
Councilmember Gavin Ferlic made a motion to send Bill No. 83-17 to the Personnel and Finance
Committee for Second and Third Readings on December l lth, 2017. Councilmember Karen
White seconded the motion which carried by a voice vote of nine (9) ayes.
84-17 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 2,
ARTICLE 14, SECTION 2-170 OF THE SOUTH
BEND MUNICIPAL CODE TO ESTABLISH
VARIOUS NEW FUNDS: MORRIS
PERFORMING ARTS CENTER SELF-
PROMOTED EVENTS FUND (274), PARENTAL
LEAVE FUND (714) AND 2017 PARKS BOND
FUND (471).
Councilmember Gavin Ferlic made a motion to send Bill No. 84-17 to the Personnel and Finance
Committee for Second and Third Readings on December 11th, 2017. Councilmember Karen
White seconded the motion which carried by a voice vote of nine (9) ayes.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Councilmember Karen White stated, Councilmember Jo M. Broden, Councilmember Regina
Williams-Preston and I attended the school board meeting that focused on the school board's
Focus 2018 strategic plan. I have brought back copies of the proposal for all Councilmembers. I
think it is important we enlighten ourselves to the upcoming changes. She announced a few of
the main points of the proposal.
Councilmember Jo M. Broden stated, The vote date for that proposal is December 18th, 2017.
Will there be minutes available? Is their public comment section actually public?
City Clerk Kareemah Fowler assured Councilmember Jo M. Broden to follow up on her
questions.
Councilmember Regina Williams-Preston stated, I love the fact that there are five (5) of us on
the Council who are also educators. Education is important to economic development. We need
to take an active role in reviewing and understanding what is happening. We need to really take a
look at the magnet programming because it really has started to re-segregate the schools. We
should not be afraid to speak up and speak out and ask questions.
Councilmember Oliver Davis stated, We talked about having a meeting on December 20th, 2017.
Are we able to do that?
City Clerk Kareemah Fowler assured that day's schedule works to have a Health and Public
Safety Committee meeting.
Council President Tim Scott announced the deadline for the Common Council Standing
Committee Annual Reports as December 22"d, 2017.
Councilmember Gavin Ferlic made a motion to cancel the December 25th, 2017 Common
Council Meeting. Councilmember Dr. David Varner seconded this motion which carried by a
voice vote of nine (9) ayes.
Councilmember Gavin Ferlic made a motion to move the Organizational Common Council
Meeting to January 2"d, 2018. Councilmember Oliver Davis seconded this motion which carried
by a voice vote of nine (9) ayes.
16
REGULAR MEETING November 27, 2017
PRIVILEDGE OF THE FLOOR
Sue Kesim, 4022 Kennedy Drive, South Bend, IN, stated, A general comment about the tax
abatements is that I don't think the taxpayers are getting enough value for their money. When
you give an abatement, it needs to come with a LEAD Silver Certified Building. We are building
for the future. I recommended adding that as a bare minimum requirement.
ADJOURNMENT
There being no further business to come before the Council, President Tim Scott adjourned the
meeting at 9:00 p.m.
17