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HomeMy WebLinkAbout12-11-17 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 December 11, 2017 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: TIM SCOTT VARNER APPROVED BY THE COMMON COUNCIL ON: January- 22, 2018 ATTEST: vur �G-- EMAH FO R, CITY CLERK REGULAR MEETING December 11, 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, December l lth, 2017 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation(Deacon Melvin Tardy of Saint Augustine Parish) and Pledge to the Flag was given. ROLL CALL COUNCIL MEMBERS: Tim Scott 1"District, President Regina Williams-Preston 2 n District Randy Kelly 3`d 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 Coffinan Chief Deputy Clerk Bianca Tirado 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 November 13th, 2017 and November 27th, 2017 meeting of the Council be accepted and placed on file. Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS BILL NO. 15-2017 A RESOLUTION AWARDED BY SOUTH BEND COUNCIL MEMBER AT LARGE MEMBER KAREN WHITE HONORING WILLIAM TYREL NICKS, FONDLY KNOWN AS BILLY"STIR" NICKS, FOR HIS CONTRIBUTION TO THE ARTS IN THE SOUTH BEND AND MICHIANA AREA. Karen White, Councilmember At-Large, 1912 Malvern Way, South Bend, IN, stated,At this time, we are happy to present to the Council a special proclamation in honor of the late Billy "Stix"Nicks. We are honored to be able to present this special proclamation in honor of a very outstanding and special person. Whereas, Billy"Stix"Nicks was born on December 8, 1934, the second of seven children born to Wyze and Alma Nicks, in Greenwood, Mississippi,where his parents were sharecroppers on a large cotton plantation; and, Whereas, Billy's parents chose to move to South Bend, Indiana, where his father had relatives, in the autumn of 1944 in an attempt to escape the racial prejudices of the Deep South and in search of fairness and equality and a 1 REGULAR MEETING December 11, 2017 better life for his young family; and, Whereas, Billy attended South Bend Central High School and his friend, Jackie Ivory, gave him his nickname, "Stix,"because Billy had developed the habit of carrying a set of drumsticks with him at all times and drummed on whatever was within his reach at the time. It soon became obvious that he had a God-given talent for the drums and he purchased his first set of drums from a local pawn shop with money he'd earned working for a typewriter company; and, Whereas,Billy, being self-taught and after much practice, started his first band, "The Blue Notes,"while still in high school, and they played at weekly"sock hop" dances and local parties from 1953 to 1955, when the band was also known as "The Whopping Bopping Show Stoppers;" and, Whereas, when Billy graduated from high school in 1954, he became involved in another band called"They Rhythm Rockers,"which included another famous South Bend musician, Junior Walker, on saxophone and Fred Patton on piano and vocals, with Billy also contributing on vocals, in addition to acting as the band's leader and, of course, drummer; Oliver Davis, 6 h District Councilmember, 1801 Nash Street, South Bend, IN, stated, and, Whereas, Billy "Stix"Nicks' reputation as a drummer grew and he played with many other young, up-and-coming artists at various local venues, including the Morris Park Country Club, where he was approached by the mother of a young fan who admired Billy's unique skills and asked if he would consider teaching her son. This led to young Billy's first foray into a lifetime career of teaching drumming; and, Whereas, in 1956, Billy and The Rhythm Rockers were hired to perform at the grand opening of a teen dance party at Club 46 for WNDU-TV, which became a standing gig after they signed a contract to play for the weekly Saturday afternoon dance party television show for WNDU; and, Whereas, Billy was drafted into the U. S. Army in 1957 and, while taking a forced break from his own band, he played in the Army band as a percussionist and his tour of duty led him to Germany. When he was honorably discharged in 1959, he returned to South Bend and began playing with a long-time friend, Oscar Baby Jones, in several engagements as the "Oscar Baby Jones Jazz Quartet;" and, Whereas, in 1962, Billy joined forces with his old friend, Jackie Ivory, and "The Gents of Soul" and they recorded an LP in Chicago that was released on Atco/Atlantic records. Billy credited this event, and the tour of the southern states that followed, as the turning point in his career; and, Whereas, in 1963, Billy married Pattie Tate and they were married for nearly fifty-four(54)years. Pattie survives, along with four(4) children and nine (9) grandchildren; and, Whereas,Billy also played and recorded with the Motown/Soul record label with his former bandmate"Junior Walker and The All-Stars"in 1962 and in 1966 they opened at the famed Apollo Theatre in New York City. They played many other venues, including Harvard University, the Regal Theatre in Chicago, the Uptown Theater in Philadelphia, Constitution Hall in Washington, D.C. and with many famous artists, including Wilson Pickett, Sam&Dave, The Staple Singers, Louis Armstrong, Sammy Davis, Jr., The Fifth Dimension, Marvin Gaye,Pattie LaBelle, Gladys Knight and the Pips, The Four Tops, The Isley Brothers, Dionne Warwick, and a host of others too numerous to mention; and, Whereas, in 1967, Billy organized and performed with his own trio, "The Billy Nicks Jazz Trio," when he was not traveling with Junior Walker, and they played many reputable venues. Also in 1967, Billy signed a contract with the University of Notre Dame and became a disc jockey on his own show, "The Bill Nicks Radio Hour,"at WNDU studios, which was a colossal success; Regina Williams-Preston, 2nd District Councilmember, 838 N. Elmer Street, South Bend, IN, stated, and, Whereas, Billy continued to play in the late 1960s through the mid-1970s with many famous artists, including Mary Wells,jazz legend Sonny Stitt, and blues legend Pinetop Perkins, all while still playing in his own jazz trio and with Junior Walker and The All-Stars; and, Whereas, Billy also branched off into promotions of other artists and in music publication while still continuing to teach at his own private studio,Nicks Music Studio, where he acted as the percussion and studio director, and for affiliated groups, in addition to his teaching of percussion at the University of Notre Dame; and, Whereas, one has only to look at the guestbook feature on Billy Nicks' website to see how universally he was loved and valued as a man and a musician to know what an impact he has made on thousands upon thousands of people whose lives he has touched throughout all his years prior to his passing. In a recent South Bend Tribune "Viewpoint" article by Jeff Harrell,with whom Billy played in their"Billy `Stix' Nicks & The Motown Machine" show, he called Billy "just a beautiful spirit." This is an understatement and doesn't even begin to describe such a talented and honorable man, but it's a good start; and, 2 REGULAR MEETING December 11, 2017 Whereas, the name "Billy `Stix' Nicks"will forever be preceded by the word"Legendary"; and, Whereas, Billy's life and his extensive experience in the local music culture and his many contributions to the arts through his lifelong work and love of music and as a role model for other young drummers who aspire to greatness led to his 2017 induction into the South Bend Hall of Fame. Councilmember Karen White stated,Now, Therefore, be it publicly and proudly Proclaimed as follows: Section One (1). On behalf of the citizens of South Bend, Indiana and the South Bend Common Council, we proudly and publicly recognize and thank Billy "Stix"Nicks for his numerous contributions to the arts in our community and the entire music world in general. Section Two (2). We also look forward to Billy's legacy as being a positive role model and inspiration to all aspiring musicians, young and old, in our community. Section Three (3). We wish Billy"Stix"Nicks and his family all the blessings of God to one of the most"beautiful spirits"this world has ever known. Rest in peace, Billy. You are always in our hearts. Patti Nicks, 114 St. Lo Avenue, Mishawaka, IN, stated, My family and I would like to thank the South Bend Common Council for this honor. My father, William T. Nicks, would be humbled by this honor. He was a hard worker, was kind, loving,patient, and was a God-fearing man. Bill was passionate about his music, the drums, and helping others, especially children's education. On behalf of his family, we would like to thank you. God bless you. Rick Jackson, 719 N.Notre Dame Avenue, South Bend, IN, stated, It was a joy, a privilege and an honor to be the pastor of such a spirit of Billy Stix Nicks. I'm reminded of something that comes out of the Bible. It says can't any good thing come out of Nazareth. Well we know that many good things have come out of South Bend. South Bend needs to be very proud of itself for the production of such spirits that have made such an impact. God bless Billy and all that he gave to us. Randy Kelly, Randy Kelly, 3rd District Councilmember, 1325 E. Wayne Street, South Bend, IN, stated, I had the great pleasure of knowing Billy for a number of years. He was the kind of person that made you feel special every time he saw you. He was such a talent and he had far more energy than even the younger people. He was always trying to get new sounds out of his drum. As accomplished as he was, he was consistently working and trying to get better and do more things. He is such an inspiration in so many ways and it is an honor to be here tonight to help recognize him. Jo M. Broden, 4th District Councilmember, 1319 Ostego Street, South Bend, IN, stated, I am equally honored to be a member sitting on this Council and to be a part of this well-deserved honor. What comes to mind for me is just pure joy and pure love. If you had the opportunity to watch him perform, it was difficult to walk away because it called the best out of you. I had the opportunity to go to the South Bend Hall of Fame honors for Billy. I want to commend his daughter in doing a beautiful job at a very difficult time to give such a strong tribute that evening. As someone moved by sitting in that audience, I encourage everyone to watch the tribute video. Lastly, as we share in the joy and talent, we also as a community share in your deep loss, especially in this holiday time. Thank you for sharing him with the community. Dr. David Varner, 5th District Councilmember, 1306 Clayton Drive, South Bend, IN, stated, I can honestly say I never met the gentleman but, having heard all of what I have, I wish I had. This must be a difficult time for you so I offer my sympathies but unfettered support for this resolution. John Voorde, Councilmember At-Large, 1029 Clermont Drive, South Bend, IN, stated, I think we were all fortunate to be graced by his presence. He was just a friendly, open and genuine guy. I saw him at Teacher's Credit Union is seems about just a few days or a week before he passed away. I couldn't get out of there without him wanting to shake my hand, say hello and ask how I was doing. That's just the way he was. Maybe when we hear the thunder rumbling from an approaching storm, it will really just be Billy. This is a good way to remember him. Gavin Ferlic, Councilmember At-Large, 1109 Duey Street, South Bend, IN, stated, I'm so sorry for your loss, but it is an honor to be able to recognize his legacy. I know it is a legacy that will live on for a long time. 3 REGULAR MEETING December 11, 2017 Tim Scott, 1St District Councilmember, 711 Forest Avenue, South Bend, IN, stated, I did not know Billy, but I heard about Billy. My friend played trombone in a few of the Motown Bands, and he told me about him. I've learned a lot about him and I wish I had the opportunity to meet him. That is the one (1)thing we are celebrating here and that is the cultural improvement to our City. We need to recognize the arts. Everything that he taught was passed down and that is what South Bend is about. It is an honor for us to do this. This will go down in the history of South Bend. Councilmember Oliver Davis stated, It is truly an honor to have the family here tonight. When you look at the phrase of people being able to walk with kings and queens and to not lose touch Y p p p g with the common folk,that was Billy. To be able to do that, that was genuine. A person may pass away but their legacy lives on. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. Samuel Brown, 222 E. Navarre Street, South Bend, IN, stated, I knew Mr. Nicks for quite a while. I had a post office box not too far from his post office box and I would always chat with him. Everyone he met it was like he knew everything about their life. My grandson did a report on Mr.Nicks. My grandson couldn't fully understand who Billy was because Billy explained himself like he was just some average guy. I kept telling my grandson that Billy was someone special. We will truly miss him. May God bless him and bless his family. Gladys Muhammad, 808 N. Ironwood Drive, South Bend, IN, stated, One (1) of Billy's studios was in the South Bend Heritage Building on Colfax. When we would get to work, we would hear those drums playing all the time. I think Billy Nicks was one (1) of the kindest human beings that ever lived. He was always kind, no matter what. He smiled at everyone, shook their hands, and always asked about your family. He took time to do that. I know all his kids and I think they are all friendly and kind. It is a blessing to be here. Councilmember Gavin Ferlic made a motion to adopt Bill No. 15-2017 by acclamation. Councilmember Dr. David Varner seconded this motion which carried unanimously by a voice vote of nine (9) ayes. 16-2017 A RESOLUTION OF KAREN L. WHITE COUNCILMEMBER AT LARGE OF THE SOUTH BEND COMMON COUNCIL PUBLICLY RECOGNIZING AND COMMENDING BERNICE BAUL-FREEMAN FOR HER LONGSTANDING, PASSIONATE COMMITMENT TO RACIAL AND SOCIAL JUSTICE IN THE CITY OF SOUTH BEND. Karen White, Councilmember At-Large, 1912 Malvern Way, South Bend, IN, stated, It is our pleasure to be able to present another proclamation to our own Bernice Baul-Freeman. Whereas, as an At Large Common Council Member of the City of South Bend, Indiana, I am humbled to honor and publicly recognize the many contributions and the public service that Bernice Baul- Freeman has rendered to the City of South Bend and its residents; and, Whereas, Mrs. Baul- Freeman worked for the Opportunities Industrial Center(OIC) of America founded by Dr. Leon Sullivan in 1984 for over fifteen(15) years, where she helped participants gain basic educational skills and helped hundreds receive their GED; and, Whereas, Mrs. Baul-Freeman has continued to serve as a Life Skills Coach to numerous at-risk youth and currently serves young adult women through the Porch Light Program operated by the Youth Service Bureau of St. Joseph County; and, Whereas, having been breast cancer free for twenty-three (23) years, Mrs. Baul- Freeman founded the Reaching Out Breast Cancer Awareness Center providing door-to-door educational services to raise breast cancer awareness and promote early detection; and Oliver Davis, 6th District Councilmember, 1801 Nash Street, South Bend, IN, stated, Whereas, Mrs. Baul-Freeman has voluntarily served numerous local agencies in various capacities as a constant voice for disenfranchised members of the South Bend community, including: the 4 REGULAR MEETING December 11, 2017 Minority Health Coalition, the Chronic Disease Prevention Task Force, the Michiana Cancer Survivors Society, Women In Touch, Michiana Cancer Task Force, Bridges Out of Poverty, United Community Against Drug &Alcohol Abuse, St. Joseph County Drug Coalition Board, South Bend Human Rights Commission, the Women's Concerns Committee, and Toys for Tots as a key organizer for twenty(20)years, and is responsible for the street renaming of Dr. Martin Luther King Jr. Boulevard; and, Whereas, Mrs. Baul-Freeman has been honored with the Drum Major Award by the Martin Luther King Jr. Foundation and more recently as a City of South Bend Black History Month Honoree. Now, Therefore, be it Proclaimed by Karen L. White Councilmember At Large of the South Bend Common Council as follows: Section One (1). It is my distinct honor to publicly commend and honor the service of Mrs. Bernice Baul-Freeman for her countless contributions made to our community and her passionate commitment to racial and social justice. Section Two (2). On behalf of the City of South Bend, Indiana, I am most humbled to thank Mrs. Baul-Freeman for her longstanding service and commitment to our city and wish her many more years of good works in relation to racial and social justice. Signed this 11th day of December 2017, in the City of South Bend,the County of St. Joseph, the State of Indiana. Gladys Muhammad, 808 N. Ironwood Drive, South Bend, IN, stated, Everybody knows my name but they don't always know where the power comes from. Everybody helps me. You can't get anything done without someone helping you. My sister Bernice is always behind me helping me. She says I think of things for people to do and then I ask them to do it, and they do. Years ago, both her and I went to Washington High School, when she turned nineteen(19), she was gone. She lived in Chicago for years but years later she came back to South Bend and immediately got involved with the community and helping people. She used to work for a business that would help get people jobs, but then you wouldn't know what would happen to them after that. Bernice told me one (1) day that she was going to knock on those doors to find out why some of these folks weren't going to work, and she told me I was coming with her. She went door to door and they told her. She still does a lot of work for our community and I love her for it. Bernice Baul-Freeman, 2801 Frederickson Street, South Bend, IN, stated, I humbly thank you for this. A couple days ago somebody asked me when I was going to retire. They asked me if I was tired of working and I said yes. They then asked why I don't retire and I said I like money and like to spend money. When I came back to South Bend, for a whole year I was Gladys Muhammad's sister. I had no identity of my own but one (1) day there was a minister that introduced me to somebody and said this was Gladys Muhammad's sister. I said wait a minute, I have a name and my name is Bernice Freeman and besides, Gladys Muhammad is my sister since I'm the oldest. Gavin Ferlic, Councilmember At-Large, 1109 Duey Street, South Bend, IN, stated, Thank you for all the great work you've done in our community. We appreciate it. John Voorde, Councilmember At-Large, 1029 Clermont Drive, South Bend, IN, stated, Likewise, thank you very much for your contributions. Dr. David Varner, 5th District Councilmember, 1306 Clayton Drive, South Bend, IN, stated, Thanks for coming back and making this a better place. Jo M. Broden, 4t'District Councilmember, 1319 Ostego Street, South Bend, IN, stated, Thank you so much. I hail, as you do, from the not-for-profit arena. Whether on the board side or administrative side,there are always the worker bees and queen bees. You are the complete package. When you look at the list of the organizations you've been apart of and that you've touched, you do it all and we are so grateful as a Council and community for your leadership. I am also so glad that you clarified today the sister line-up. As one (1) of seven(7) sisters, I know the power of sisters. You are doing, together, things for our community. It is so important that we lift you up today for all your fine work. Randy Kelly, Randy Kelly, 3rd District Councilmember, 1325 E. Wayne Street, South Bend, IN, stated, This is a night of bright lights for our community. I'm so honored to recognize first, Billy Stix Nicks, and now you, tonight. I have seen you in action and appreciate, so much, the work you do in our community. It is a better place because of you. Congratulations. 5 REGULAR MEETING December 11, 2017 Regina Williams-Preston, 2nd District Councilmember, 838 N. Elmer Street, South Bend, IN, stated, When I came back to town, nobody was calling you Gladys Muhammad's sister. When I got involved, I was told I need to go see Bernice Freeman. I sat in your living room and that is when I began to understand the connection in all of the different things that you did. I had no idea of all of the things you have done. There is more work to be done and you are one (1) of those people that will be there, at all times, when there is a person in need and we thank you for that. Tim Scott, 1St District Councilmember, 711 Forest Avenue, South Bend, IN, stated, Mrs. Freeman,thank you so much for what you've done. You are a doer and that is important and I think your little sister has figured some of that out, too. Ideas and plans are nothing without action, and thank you for your action. Councilmember Oliver Davis stated, There is a song that talks about letting the works speak for me. The works truly do speak for Mrs. Bernice. They have been speaking for her for a long while. In their family, seventy-five (75) is relatively young when you have parents that live to one hundred(100). She is still a young babe in her family and that is one (1) of the reasons she still has all that energy. We thank you for all that you've done. Councilmember Karen White stated, It is just such an honor to be able to present this resolution to Bernice. We go way back and I just learned today that Bernice was older than Gladys. I thought Gladys was older. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. Samuel Brown, 222 E. Navarre Street, South Bend, IN, stated, I serve with Bernice on the Human Rights Commission and I really can't say I know Bernice as well as I know Gladys. But I'm also on the Martin Luther King Jr. Planning Committee. I've gone to Gladys' table and have sat next to Bernice sometimes and it is a pleasure to know how knowledgeable she is about everything. I never just went up to her and talk to her, but it is just an honor to be around her. Grayson Warren, 1939 N. Johnson Street, South Bend, IN, stated, I've known Bernice all of my life because we grew up together in the same area. My sister was a very good friend of her older sister and my brother was friends with one (1) of her younger siblings. As long as I can remember, this family has been civically minded. I can't think of a more deserving person to get this honor than Bernice. I love her like a sister. Councilmember Gavin Ferlic made a motion to adopt Bill No. 16-2017 by acclamation. Councilmember Dr. David Varner seconded this motion which carried unanimously by a voice vote of nine (9) ayes. SAINT JOSEPH COUNTY WASTE MANAGEMENT DISTRICT UPDATE Randy Przybysz, Executive Director of the St. Joseph County Waste Management District, 828 Kerr Street, South Bend, IN, stated, The Solid Waste Management District was legislated into existence in 1991. Every County in the State was required to form a District or otherwise be part of a multi-county district with the exception of Marion County which was exempted from the law and still is. Our District serves the local community by providing curbside recycling, the household hazardous waste drop-off facility which is commonly referred to as the HHW Program, and educational programs which occur mostly in schools and other community outlets. We are a governmental entity although we are not City, County or State. With oversight by a nine (9)member Board of Directors made up of elected officials. They are, by law,the Mayors of both South Bend and Mishawaka, the three (3) County Commissioners, a representative of the South Bend, Mishawaka and County Councils, and a sitting Town Board member. Because we have so many small towns with elected boards in this County, the legislature decided that the circuit court judge would pick who that is. Currently, that is a member of the New Carlisle Town Council. As a governmental entity we still follow of the same legal requirements and practices. Our Board approves a resolution in favor of our budget proposal which is then officially passed by the St. Joseph County Council,per law, every year. The District employs six (6) full-time 6 REGULAR MEETING December 11, 2017 staff. Three (3) are in the office and the other three (3) are in the Household Hazardous Waste Program. We also have two (2)part-time staff members. One (1)works twenty (20)hours a week both in the office and the HHW Program and the other only works on Saturdays to help out the HHW. Saturday tends to be our busiest day of the week. Mr. Przybysz continued, Our funding comes from program fees charged to residents in our curbside program as well as tipping fees, which we receive $2 per ton from Prairie View Landfill for every month to offset recycling costs. That is a common practice in the State to fund Districts. That annual tipping fee revenue can fluctuate drastically. It could be under$550,000 to over$700,000 per year. That has only happened a couple times in twenty-seven (27) years so we don't count on that. We generally use the $500,000 mark for the purpose of figuring our annual budget request. 2017 was a year of major changes for the district. Starting about five (5) years ago we began to think about moving our HHW and office into one (1) location. The HHW Program had been on East 5t" Street in Mishawaka and our office would always be a rented space somewhere around South Bend. We started to brainstorm if we could build or buy something as we were completely out of space in Mishawka. At the second Board meeting I had ever had as Director, I was told we would have to raise fees around the year 2016. Things changed and we were able to make it through without rate changes until this year. The thirteen(13) years I've been associated with the District,the discussion has occurred regarding the addition of our fees to the tax bill as a cost saving measure. As it turns out after all of these years of discussion, each and every one (1) of these major changes took place at the same time at the start of this year. First,the fee increase. In the past, County residents paid $2.70 per month or$32.40 annually. The City of South Bend residents paid $1.97 per month on their water bill, of which the District would receive $1.76. The City added a processing fee of$0.21 per household, per month. Starting in 2003, I discovered when I became the Director,the District was paying more to the vendor for the curbside program than the $1.76 per household, per month. In other words, other revenue sources were covering the cost of South Bend households. In 2015, our Board chose to continue using down our reserve which at the time was healthy, before addressing the fee increase. This was enough to get us through another year for 2016. It was then determined that going forward, all residents would pay an equal amount which was determined to be$3.33 per month, per household. That includes curbside, HHW, and administrative costs. Mr. Przybysz continued, There was also a debate regarding an HHW fee to all residential households in the County since all residential households in the County are eligible to use the program. There was a lot of conversation about that. After a great deal of conversation, the decision to charge such a fee was postponed. The subject will be brought up in our January 2018 Board Meeting in order to consider it moving forward. Placing the fee on the tax bill saved the District roughly $80,000 a year in printing and postage to bill all the County residents twice per year. We also had staff spending the majority of their time trying to track down non-payments which was a very high rate when we were just billing straight. We are not the first District to collect fees in such a manner. Other Districts have been doing the same for years so we didn't create this wheel, we actually copied what others were doing. The question then came up about whether someone could lose their home to tax sale if they do not pay the recycling fees. Attorney opinions say no and that the law does not allow a tax sale for unpaid recycling fees. Our only recourse to collect fees owed would be small claims court which is what we have always done in the past. I met with County Treasurer Mike Kruk and Lao Associates who handle the tax software. The result is that the recycling fees have been unflagged as a trigger of a tax sale. It is not a trigger for a tax sale. Also, we made sure that there will be no money posted to the line- item on the tax bill for Solid Waste Management District Recycling Fees until all other fees are paid first. That way, there is no back door way of getting money while other things are short. The District purchased a building at 828 Kerr Street in South Bend which we closed on in February 2017. Our offices moved in in March 2017 and our HHW Program moved and officially opened there on November 6, 2017. It should be noted that the majority of work needed to be done for the building to become fully operational was performed by our staff which saved $25,000- $30,000 in fees to have other people run phone and Ethernet lines. That took about a month. Mr. Przybysz continued, There have been comments made that suggest the program fees went up because we bought the building. In fact, our mortgage and utilities payments so far have run under or just about equal to what our combined rent payments had been in the past. This move 7 REGULAR MEETING December 11, 2017 gave us the ability to have all staff in one (1) location and gave us more inside space. We are now more centrally located to residents of the County. In 2016, we had approximately 11,500 vehicles come through which accounted for our highest year ever. We also took in over 1.1 million pounds of hazardous material and electronics which was also the highest amount ever. So far this ye , we are on pace to match or surpass the number of people using the program as well as the amount of materials taken in. Our facility is now open six (6) days a week and accepts various hazardous household items. The curbside program serves households in unincorporated St. Joseph County, the City of South Bend and the towns of New Carlisle and North Liberty. We are entering our twentieth(20th) year providing curbside recycling. 29 to 30 million pounds of recyclables are collected annually through that program. The first ten (10) years were contracted with Waste Management to provide the service. Borden Waste-away Group has had the contract the last nine(9) years and will have it next year. The current contract is set to expire at the end of 2018. Borden has stated an interest in extending the contract. Their initial offer was all of the same pricing structure as currently contracted and for an additional ten(10) years. They requested this in order to invest in new trucks, facility improvements and to expand the capacity to collect more things. All of this information was presented to the Board in our November 2017 meeting and further discussion was had in our December 2017 meeting. Subsequently, at the direction of the Board, I have had further conversations with Borden and they are working out some other additions to a proposed extension. I will be meeting with them later this ye and I will know more at that time. At our January Board meeting, there will be decisions to be made. They will have to either extend the current contract, send out an RFP or potentially end the program. The end of the program does not seem to have much support but it has been mentioned and it is an option. Due to timing issues, the decision to extend the current contract or to put out an RFP would have to take place in January 2018. Mr. Przybysz continued, One (1) of the concerns that has come up was with the proposed ten (10) year extension. Ten (10) years ago from now, four(4) companies bid. Waste Management's bid was only on the old eighteen (18) gallon containers. Borden, on a five (5) year proposal, was $3.06 per month per household. BFI Allied bid $4.04 per month per household. Reliable Republic bid $3.29 per month per house. Borden also gave an alternative bid of a ten (10) year for $1.84 per month per household. We are now up to $1.98 after nine (9) years. I want to point that out because a ten(10)year extension is an awful long time. But ten (10) years ago,the next lowest bid was over a dollar more than what we are paying now after nine (9)years. This is a brief update and some of these things could take hours to fully explain individually. We are a highly used program that serves the various residents throughout St. Joseph County. I would like to annually update the Council moving forward. The program has grown immensely. Not six(6) years ago we budgeted only $57,000 to get rid of everything that came in.Now, we have to budget$300,000. That is just to remove the stuff that we take in. I invite everyone to come visit the facility. If anyone has any questions or comments, please call 574-235-9971. Our meetings are always held on the 7th floor of the County-City Building in the Commissioners Conference Room. They take place on Mondays at 10:00 a.m. The dates for 2018 are January 8, February 12, March 12, April 9, May 14, August 13, August 27, October 1, and December 3. REPORTS OF CITY OFFICES Representing the city administration will be: Suzanna Fritzberg RESOLVE INTO THE COMMITTEE OF THE WHOLE At 8:02 p.m. Councilmember Karen White made a motion to resolve into the Committee of the Whole. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of 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. 8 REGULAR MEETING December 11, 2017 PUBLIC HEARINGS BILL NO. 67-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR 24605 CLEVELAND ROAD, SOUTH BEND, INDIANA Councilmember John Voorde,Vice Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. 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 ten(10) acres highlighted in red. Ms. Smith referenced a slide in the presentation available in the City Clerk's Office. She continued, It is currently zoned A—Agricultural in the County but it is completely surrounded by properties zoned LI—Light Industrial in the City of South Bend. There is currently a single-family home on the property that needs to be demolished to make way for the development as the site develops if it is rezoned today. There is no proposed development at this time. The petitioner is seeking to rezone this to combine it with the parcel to the east to allow for a larger industrial development site. This comes to you from the Area Plan Commission with a favorable recommendation. Rezoning the site to LI—Light Industrial will allow for the development of an underutilized parcel in an industrial area of the City. Paul Phair, 227 S. Main Street, South Bend, IN, served as the petitioner of this bill. Mr. Phair stated, We believe the LI zoning is appropriate to the character of this area. We do own the east adjacent parcel. With this site, we have a great opportunity for industrial and economic opportunity for the City. 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 in opposition to this bill. Councilmember Tim Scott made a motion to send Bill No. 67-17 to the full Council with a favorable recommendation for third reading on 1/8/2018. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 81-17 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 made a motion to accept the substitute version of Bill No. 81-17. Councilmember John Voorde seconded this motion which carried unanimously by a voice vote of nine (9) ayes. Councilmember Karen White then made a motion to, for purpose of public hearing, hear Substitute Bill No. 81-17,Bill No. 82-17, 83-17,and 84-17 all together. Councilmember John Voorde seconded this motion which carried unanimously by a voice vote of nine (9)ayes. 82-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF 9 REGULAR MEETING December 11, 2017 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). 83-17 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 $125,000 FROM DCI GRANT FUND (9212), $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). 84-17 PUBLIC HEARING 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 Karen White, Chair of the Personnel and Finance Committee, reported that they met this afternoon and send all four(4) bills forward with favorable recommendations. Jen 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, Before you is a second substitute of the budget transfers. These are transfers within one (1) fund so there is no additional money, we are just moving funds between different categories within the budgets that were appropriated in 2017. The substitute is due to one(1) division number being wrong on the first one (1). In 2017 we started fully charging all departments for water. Our Parks Department was under budgeted because we didn't really know what to expect with the splash pad. In the past, we budgeted our personnel and if people took health insurance, we would budget for that. If they didn't take it, we didn't budget for it. We are just transferring money to cover health insurance. Going forward, the practice will be budgeting for health insurance. There's one (1) for IT and Innovation. Originally when we budgeted,we budgeted them in different divisions but we decided to roll them up into one (1). Our telephone costs were higher this ye than anticipated. When reviewing these,we found some circuits to eliminate. We will be saving roughly$360,000 in 2018 by shutting down those circuits. In our EDIT Fund#408, we had some debt service payments that were for December 2016 that were paid at the beginning of January so we are just trying to correct the budget to cover that. Councilmember Dr. David Varner asked, With regards to the savings, the circuits we shut down, to whom do we make the payment of those circuits? 10 REGULAR MEETING December 11, 2017 Ms. Hockenhull replied, I believe it is AT&T. 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 in opposition to this bill. Councilmember Oliver Davis made a motion to send Substitute Bill No. 81-17 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. Councilmember Oliver Davis made a motion to send Bill No. 82-17 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. Councilmember Oliver Davis made a motion to send Bill No. 83-17 to the full Council with a favorable recommendation. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis made a motion to send Bill No. 84-17 to the full Council with a favorable recommendation. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember 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 8:14 p.m. Council President Tim Scott presided with nine (9) members present. BILLS –THIRD READING BILL NO. 81-17 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 amend Bill No. 81-17 as it was in Committee of the Whole. Councilmember Karen White seconded the motion which carried unanimously by a voice vote of nine (9) ayes. Councilmember Gavin Ferlic then made a motion to pass Bill No. 81- 17. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of nine (9) ayes. 82-17 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 $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 11 REGULAR MEETING December 11, 2017 RESERVE (#643), AND $148,300 FROM CENTURY CENTER(# 670). Councilmember Gavin Ferlic made a motion to pass Bill No. 82-17. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 83-17 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 $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). Councilmember Randy Kelly made a motion to pass Bill No. 83-17. Councilmember Gavin Ferlic seconded the motion which carried by a roll call vote of nine (9) ayes. 84-17 THIRD 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 pass Bill No. 84-17. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 17-74 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 926 ERSKINE PLAZA, SOUTH BEND, IN 46614. Councilmember John Voorde, Vice Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Ayoka Paek,Zoning and Business Service Administrator for the Building Department, 125 S. Lafayette Boulevard, South Bend, IN, served as the presenter of this bill. Ms. Paek stated, This special exception petition for a tattoo establishment in a CB—Commercial Business District, comes to you with a favorable recommendation from the Area Board of Zoning Appeals. The petitioner plans to do micro-blading as part of a beauty salon business already open at this 12 REGULAR MEETING December 11, 2017 location. Microblading is considered tattooing by the State, requiring the applicant to go through the special exception process before they can get a Health Department approval. No one spoke in remonstrance at the ABZA meeting. Hong Tran, 644 E. 16th Street, Mishawaka, IN, served as the petitioner of this bill. Ms. Tran stated, Microblading is considered a semi-permanent tattooing service that draws fine hair-like cuts into the eyebrow that last anywhere between nine (9) and eighteen (18) months. 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 in opposition to this bill. Councilmember Gavin Ferlic made a motion to pass Bill No. 17-74. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 17-76 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS JEFFERSON BLVD AND MAIN STREET, SOUTH BEND, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR RIVER PARK LEASING CORPORATION. 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, This is the confirming resolution of the tax abatement for the new office space right across from the County-City Building. It is $9 million of private investment, approximately 38,000 square feet of space and the first such development in the downtown area in a couple decades. 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 in opposition to this bill. Councilmember Gavin Ferlic made a motion to pass Bill No. 17-76. Councilmember Karen White seconded the motion which carried by a roll call vote of eight(8) ayes and one (1) nay (Councilmember Dr. David Varner). 17-78 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 GERMAN TOWNSHIP (BANEY ANNEXATION AREA). Michael Divita, Planner with the Department of Community Investment, with offices on the 14th floor of the County-City Building, South Bend, IN, served as the petitioner of this bill. Mr. Divita stated, This fiscal plan is for a nine point six-five (9.65) acre annexation request by the property owner of 24605 Cleveland Road. As you heard earlier in the meeting,the site is proposed to be redeveloped for Light Industrial uses.No capital improvements are planned by the City as part of this annexation. Water and sewer are both available along Cleveland. The adjacent portion of Cleveland Road is already within the City limits. The annexation area will be added to the Common Council's First District. It will be served by Police Beat twenty-two (22), Fire Station eleven (11), Emergency/Medic eleven(11) and Code Enforcement Area eight(8). 13 I REGULAR MEETING December 11, 2017 These and other non-capital services will be in lace within one 1 year of the effective date of P P ( ) Y the annexation. 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 in opposition to this bill. Councilmember Gavin Ferlic made a motion to pass Bill No. 17-78. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 17-79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND ST. JOSEPH COUNTY, INDIANA FOR THE PROVISION OF AMBULANCE SERVICES IN ST. JOSEPH COUNTY. Councilmember Jo M. Broden, Chair of the Health and Public Safety Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Steve Cox, Fire Chief of the South Bend Fire Department, 1222 S. Michigan Street, South Bend, IN, stated, We respectfully request the Council approve this resolution. It would allow the South Bend Fire Department to provide service for the unincorporated portions of the County. Additionally, beyond the two (2) year agreement, there is an automatic annual renewal built into the agreement. 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 in opposition to this bill. Councilmember Randy Kelly made a motion to pass Bill No. 17-79. Councilmember Dr. David Varner seconded the motion which carried by a roll call vote of nine (9) ayes. 17-80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA TO APPOINT THE BOARD OF PUBLIC WORKS AND THE DEPARTMENT OF PUBLIC WORKS AS ITS AGENTS FOR OVERSEEING THE GUARANTEED ENERGY SAVINGS CONTRACT FOR VENUES PARKS AND ARTS Councilmember Randy Kelly, Chair of the PARC Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Therese Dorau, Director of the Office of Sustainability, with offices located on the 13th floor of the County-City Building, South Bend, IN, stated, Guaranteed Energy Savings Contracts are a special type of public works project and,therefore, are governed under State Statute. They account for both the design of an energy savings project as well as the construction of the project. The first step of that is an energy audit of all facilities that would be considered for treatment under the project. That will include all Venues Parks &Arts facilities as well as outdoor facilities including trails and ballparks. It is a great opportunity to save energy but it does require a lot of collaboration between the Council and a very qualified partner. With your aye votes on this, we will be able to move forward with the design of this project and would come back to the Council with a project recommendation after the several months of engineering. 14 REGULAR MEETING December 11, 2017 Councilmember Jo M. Broden asked, How many people are involved as qualified partners? Is that within the State of Indiana or can we go outside the State? Ms. Dorau replied, When we wrote our request for qualifications, we thought it was important that the provider be listed by the Department of Local Government and Finance and registered as eligible for public works projects. We listed that for both the design and the construction. We limited our potential applicants to that pool. However many of the nationally qualified firms have Indiana or Mid-west based teams that would work directly with us. 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 in opposition to this bill. Councilmember Gavin Ferlic made a motion to amend Bill No. 17-80 as it was in Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried unanimously by a voice vote of nine (9) ayes. Councilmember Gavin Ferlic then made a motion to pass Bill No. 17- 80. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. BILLS FIRST READING BILL NO. 85-17 FIRST READING ON AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST JOSEPH COUNTY, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9 ADMINISTRATION TO UPDATE PROCEDURES FOR ZONE MAP AMENDMENT, VARIANCES, SPECIAL EXCEPTION USES, AND WRITTEN COMMITMENTS ASSOCIATED WITH AREA BOARD OF ZONING APPEALS APPLICATIONS; ARTICLE 11 DEFINITIONS TO FURTHER DEFINE THE ZONING ADMINISTRATOR AS THE EXECUTIVE DIRECTOR OF THE AREA PLAN COMMISSION; AND ARTICLE 12 FLOODPLAIN REGULATIONS TO DESIGNATE THE BUILDING COMMISSIONER AS THE FLOODPLAIN ADMINISTRATOR. Councilmember John Voorde made a motion to send Bill No. 85-17 to the Area Plan Commission meeting on December 19th, 2017 and the Zoning and Annexation Committee for Second and Third Readings on January 8th, 2018. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 86-17 FIRST READING ON AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,ARTICLE 10 ENFORCEMENT BY ADDING THE AREA PLAN COMMISSION TO THE DESIGNATED ENFORCEMENT STAFF. Councilmember John Voorde made a motion to send Bill No. 85-17 to the Area Plan Commission meeting on December 19th, 2017 and the Zoning and Annexation Committee for 15 REGULAR MEETING December 11, 2017 Second and Third Readings on January 8th, 2018. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. 87-17 FIRST READING ON AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 13 HISTORIC PRESERVATION COMMISSION IN CONNECTION WITH THE TRANSITION OF HISTORIC PRESERVATION STAFF TO THE CITY OF SOUTH BEND UNDER AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND ST. JOSEPH COUNTY. Councilmember John Voorde made a motion to send Bill No. 87-17 to the Community Investment Committee for Second and Third Readings on January 8h, 2018. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 88-17 AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICPAL CODE, ARTICLE 10 ENFORCEMENT BY ADDING THE AREA PLAN COMMISSION TO THE DESIGNATED ENFORCEMENT STAFF. Councilmember Oliver Davis made a motion to strike Bill No. 88-17. Councilmember Dr. David Varner seconded this motion which carried by a voice vote of nine (9) ayes. 89-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL /MIXED USE DISTRICTS TO REVISE PERMITTED USES AND DEVELOPMENT STANDARDS. Councilmember Oliver Davis made a motion to send Bill No. 89-17 to the Area Plan Commission meeting on December 19th, 2017 and the Zoning and Annexation Committee for Second and Third Readings on January 8th, 2018. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 17-75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 806 HOWARD STREET, PORTAGE TOWNSHIP, SOUTH BEND, INDIANA 46617. 16 REGULAR MEETING December 11, 2017 Councilmember John Voorde made a motion to send Bill No. 17-75 to the Area Plan Commission meeting on December 19th, 2017 and the Zoning and Annexation Committee for Second and Third Readings on January 8th, 2018. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Vice President Oliver Davis stated, I'm sorry I couldn't be in Committees this afternoon. I will be sending out a meeting notice regarding our homeless situation and our homelessness Bill of Rights. That meeting will be December 20th, 2017. Councilmember Jo M. Broden stated, I think it is important that we chase in as many of these documents as we can to the Clerk's Office. Those must become as available as possible. Councilmember Dr. David Varner stated, As long as Ms. Fritzberg is here from the Mayor's Office, I'd like to let her know that it would be good to make one (1)more round of yard waste and leaf pickup. Councilmember Karen White stated, On Monday December 18th, 2017,the School Board is scheduled to take action on their Focus 2018 proposal. The meeting is held on their 3rd floor conference room and it starts at 5:30 p.m. It is important, as Councilmembers, that we are aware of what is happening with our educational system. Council President Tim Scott stated, I want to thank everybody for a good year. We have heard 86 Bills and 75 Resolutions in 2017. There have been 16 tax abatements and 12 special exceptions. Council attendance was at ninety-three percent(93%). Councilmembers Williams- Preston and Davis both made every single Council meeting. There were a total of twenty-three (23) meetings. Our Committee attendance was eighty-one percent(81%). We had one hundred thirty-two (13 2) Committee meetings.Not everybody has to attend Committee meetings so that is a good number. I want to thank everybody for their hard work. It has been a good year. PRIVILEDGE OF THE FLOOR Samuel Brown, 222 E. Navarre Street, South Bend, IN, stated, I want to echo Councilmember White's announcement about the School Board. I missed a few Council meetings and that is not normal for me to do. Our school system is very important and we are going through a lot right now. Please come to the meeting. The inner city is like the wild west still. I'm asking the Council to send Chief Ruzskowski a letter asking him if he has forgotten about the inner City. Jamie Haigh, 925 N.Notre Dame Avenue, South Bend, IN, stated, Generally, when property owners invest in a neighborhood they have to rely on the zoning rules in place. When someone seeks a variance or an exception to that,to advantage their property, the other property owners may think that is unfair or not consistent with those rules. He then submitted his remarks to the Clerk's Office. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 8:49 p.m. 17 i