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HomeMy WebLinkAbout05-14-29 Council Minutes REPORT OF SUB-COMMITTEE ON MINUTES TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: THE SUB-COMMITTEE HAS INSPECTED THE MINUTES OF THE May 14, 2018 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SA BE APPROVED: TIM SCOTT/ cam"ViD VARNER APPROVED BY THE COMMON COUNCIL ON: May 29, 2018 ATTEST: KAREEMAH FOWL R, CITY CLERK REGULAR MEETING May 14, 2018 Be it remembered that the Common Council of the City of South Bend,Indiana met in the Council Chambers of the County-City Building on Monday, May 14th, 2018 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation(Dr. Alyssia Coates, Director of Development (East Region)—University of Notre Dame) and the Pledge to the Flag were given. ROLL CALL COUNCIL MEMBERS: Tim Scott 1St District, President Regina Williams-Preston 2"d District Sharon L. McBride 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 Councilmember Oliver Davis made a motion that the minutes of the April 9th, 2018 meeting of the Council be accepted and placed on file. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS BILL NO. 05-18 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3527 LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to override the Mayor's veto of Bill No. 05-18. Councilmember John Voorde seconded this motion. Council President Tim Scott opened the floor to discussion. Councilmember Oliver Davis requested Council Attorney Bob Palmer to provide the necessary background information of the override process through which the Council is about to proceed. Council Attorney Bob Palmer stated, Because the Ordinance is the same one (1) that was passed by the Common Council two (2) weeks ago and all public input at that time was completed,there will be no public discussion at this time. Discussion will be among Council Members only 1 REGULAR MEETING May 14, 2018 considering grounds to override the Mayor's veto of this legislation. It requires a two-thirds (2/3) majority, in other words, six (6)votes to override the veto. Councilmember Oliver Davis stated,As a follow up to that, please,with the receiving of the letter from Attorney Nussbaum regarding some outlines and regarding the final nature of our decision tones, you kind of responded to some of that and could you please give us some enlightenment on what you shared? Council Attorney Bob Palmer clarified, As far as the possible Court action? Councilmember Oliver Davis replied, That is correct, sir. Council Attorney Bob Palmer stated, Technically there is no availability of a review of the Council's decision or the Mayor's veto for the rezoning issue. There is no appeal to the Court itself. However, if either party is aggrieved by the decision tonight, they may file a declaratory judgment action in State Court to challenge the decision on Constitutionality grounds. They would have to argue that the decision was arbitrary or capricious. Those are the only grounds that could be raised if they are to take legal action. Councilmember Oliver Davis interjected,For a layperson,what does arbitrary and capricious mean in legal terms? Council Attorney Bob Palmer replied,Arbitrary and capricious would mean,basically,as it applies to this situation, without basis within the legal criteria that are to be examined in making the decision. If something outside that criteria affects the decision,that would be considered arbitrary and capricious. Councilmember Oliver Davis interrupted, So you're talking about the five (5) characteristics that we have to consider? Council Attorney Bob Palmer confirmed, The five (5) criteria that are on the screen for you, that is correct. Councilmember Oliver Davis went on, So if it is outside of that that would be arbitrary and capricious? Council Attorney Bob Palmer confirmed, That is correct. Council President Tim Scott opened the floor to comment from Council Members. Councilmember Oliver Davis asked, I would like if there are any comments, would we all be allowed to have any comments or are we going to move forward with the vote, or...? Council President Tim Scott replied, We are making comments right now. This is the discussion part. Councilmember Oliver Davis replied, Cool. Then, I will go ahead and share. Before I went to bed last night I made sure I had my favorite bow-tie ready to roll. It was right there on the side so I didn't have to rush and find it this morning because of the fact that when I put this on it reminds me of what this nation is all about. Some were surprised with me being one (1) of the five (5) but as the Chair of the Zoning and Annexation of this Council and looking at this and being on this Committee,there is an issue of,I would say, fairness. A person asked me if it wasn't the Women's Care Center asking for this request and it was just Joe Blow, whatever, what would your answer be. I said they would probably grant it. They probably would. Even if somebody had just paid $500,000 to buy a place because we get a lot of special requests all the time when people buy something and they need something and they want to do it, they will probably still go ahead and do it. And I thought about that when I told them that. Should I change my opinion just because of that if it was visa versa? There are people on the left who took time to protest President Trump, I understand that. There are people who came and took time to protest President Obama and I understand that. I really am very concerned with the Mayor's comments when he talks about,well, what is the community's good. Councilmember Oliver Davis continued, As an African-American and watching my parents both be on the back of the bus, both of them had to deal with all that stuff. We have to hear what a 2 REGULAR MEETING May 14, 2018 community has to say first. It shouldn't be whether a person is Catholic or pro-life or whatever, people need to know how to live next to each other. We have a good Police Department. You can have an LGBT and a person who is not, and black or white or Catholic and a non-Catholic person, a person who loves God and a person who hates God, oh no. They may argue,they may fight, and they may not let their dogs play with each other, ok?Protest is a part of life. That is what we have. That is what this whole bow-tie is about. It is a protest. I marched with the Women's Group so they can protest. I marched with a Latino group so they can protest. I've marched with all others. Unions, I was out there at Honeywell so we could protest. I'm glad for protests. And so,what they are doing for the retirement thing over there is ridiculous,I won't go over that because we are here for the zoning. And so those are the things that we have to stay focused on. Councilmember Oliver Davis went on, It is easy to get caught up in this side versus that side or this thing and people say I understand you and that is your district. When it came down to the bars everybody didn't vote for me because I was slighted from the bars just because of that but we have to look bigger than just who is represented. We have to look at those laws. That fairness law, I think that we should override this veto. The Mayor, himself, said that this was over his pay grade so we should not listen to that. It was said, by himself, that it was not based in the law. He said all these other kinds of things. These are his actual words and actual things so why should we follow his advice on something like this? Finally, down south in Indianapolis, the Women's Care Group of Texas is getting a rough time because the conservatives are giving them a rough time. That is wrong that they are getting a rough time trying to establish their issue. So should we flip it around and give the other side a hard time here? They are wrong down south for doing that and we would be wrong if we don't allow this to move forward. Thank God for our legal system. Councilmember John Voorde stated, Let me start by saying in the nearly forty(40)years of public life and service that I have put in, I have never been more convinced I am doing the right thing by voting to allow the Women's Care Center to operate where they have chosen to file a petition to do so. In my interpretation of the Mayor's remarks, he said that this would cause disharmony in the neighborhood. It is not Women's Care Center that is causing the disharmony or the fact that Women's Care Center is maybe next to an abortion clinic. The disharmony, if there is to be such, is by the element that is so pro-life that they will picket and do other things,which I find regrettable, for something that, regardless of my personal stance, is the Law of the Land. I don't think that should happen. It happens because of the potential abortion clinic and not because of Women's Care. I think Women's Care actually,by their chosen location next to the proposed abortion clinic, will have a tendency to suppress opposition with all the concessions and investment they have made and they are ready to provide a service alternative to abortion. I think their presence where they want to be provides a better alternative than if they were a block or ten (10)miles away. Councilmember John Voorde continued, The potential for protest is going to be there regardless of Women's Care, so I think we ought to think in terms of what Women's Care provides,how they go about it and who benefits from it. I think who benefits from it are the people who most need it. Women who find themselves in this circumstance have ample opportunities to decide what is best for their unborn child without intervention from picketers and Women's Care. I don't know that is exactly true. I know I'm a guy and I won't be in the that circumstance and I won't ever have to make that kind of decision but I would sure want to know all of the facts. As I represent citizens all over the City, I would hope that the services, the information, the care and support that Women's Care allows people and families will help them make a decision they can live with for the rest of their lives. Councilmember John Voorde went on, I was going to bring my own circumstance into this discussion but I won't. Except to say that I have a daughter for whom abortion was suggested because she has a disability and thank God we didn't choose that option because she is the most wonderful gal any one could want. I don't want that to cloud the issue, let's just look at the five (5)criteria. I'm sorry but if you look at the five(5)criteria,the way I interpret these criteria,I think that this is a no brainer. This should be allowed and I stand on my original intent to support this petition. Councilmember Gavin Ferlic stated, Looking at this issue for me has always been about the fifth criteria which is about responsible development. I always had a fear that this property, regardless of who owned the property, could be used for protests, harassment and creating an environment 3 REGULAR MEETING May 14, 2018 that is not peaceful for the community. However, the written commitments that are in place, I feel they are very strong and they give me comfort as well as the mission of the Women's Care Center. I will continue my position on this vote. However with that in mind, especially regarding the mission of the Women's Care Center, I certainly have an expectation that regardless of what happens with the vote tonight that the Women's Care Center will do everything in their power to ensure that the property is not used for any harassment or anything negative. That includes a property transfer. Any type of use should be true to that mission of loving and respecting women. Finally I would like to note that, once again, Council colleagues have had many discussions and the members not voting in favor of the rezone are not voting against the Women's Care Center. This is not opposing an organization. There are five (5)zoning criteria that every Council Member needs to take a look at and make their own interpretation. I certainly respect the opinions of all the Council Members both those voting in favor and against this petition. Myself personally, with the written commitments and the mission of the Women's Care Center, I do feel comfortable with the rezone and I will be supporting this. Councilmember Jo M. Broden stated, I've actually prepared some statements that will get to some of the basic arguments that were offered by the opinion of our Chief Executive. First and foremost, the Council and our Community should be able to rely upon and trust the opinion of the Mayor's professional planning team and the planning process which informs those decisions. The opinions they have rendered to the South Bend Common Council,they being the Department of Community Investment, have never been restricted to questions of mere density or any other narrow consideration as stated in the Mayor's letter to Council. It would be atypical of these professionals, again, within our Department of Community Investment, to offer an opinion that did not look at the broader criteria. Logically, it does not align with their role they serve relative to the Area Plan Commission, from which this petition originated. The Council, who by State Statute, must tie our decisions to the five (5) rezoning criteria. All total, our planning staff rendered an opinion on this rezoning, put it in writing, and allowed it to be heard in a public hearing, no less than seven (7) times. Councilmember Jo M. Broden continued, Their opinion is unmistakably clear, and on the record, seven (7) times. It reads in its entirety, `Community Investment offers a favorable recommendation. The future land plan in the West Side Main Streets Plan designates this parcel as the western most parcel in the Bendix Node. Thus, a use more intense than Single-Family Residential would be appropriate.' The opinion significantly continues, `and the proposed Office- Buffer zoning would provide a transition from Single-Family Residential parcels to the west to the suburban commercial uses to the east.' The veto letter which we received as a Council failed to encompass the most significant portion of the Department of Community Investment's opinion. Additionally, and maybe even more problematically, it disassociates the opinion from the broader planning document that was operationalized in 2015 known as the West Side Main Streets Plan. That plan was approved unanimously by the Area Plan Commission. It was approved by the South Bend Common Council and, subsequently, was approved and signed by our Mayor. Councilmember Jo M. Broden went on, The plan's purpose is a market-based, strategic revitalization plan for Lincoln Way West and the Western Avenue corridors. It is to restore the historical walkable development pattern, allowing Lincoln Way West and Western to reassert themselves as vital, primary streets and to give life to the neighborhoods that they run through. Additionally, it provides short, medium and long strategies for these corridors. It has a detailed implementation plan as well as a matrix of activities to occur in the first five (5) years. I remind you all, this plan was operationalized in 2015. It includes the matrix of activities to occur in the first five (5) years. Among those are zoning changes. Through the City budget that we approve and have approved at least during my tenure and previous to my tenure, the Tax Incremental Finance Districts, that we have chosen to realign, have brought resources to these corridors. We were told at that time by the same planning staff that adopting the West Side Main Streets Plan as an amendment to the City Plan will set a clear land-use policy as well as set expectations for development along the corridors. Councilmember Jo M. Broden continued, This request fits the plan in form and indeed considers the vitality of the neighborhood. If the Council or the Community can't rely on the Department of Community Investment or gets blindsided well after the public discourse is closed, as to the 4 REGULAR MEETING May 14, 2018 Administration's intentions or opinion on zoning or proposed investments in our community, where does that leave us as a Council? Where does that leave us as a City? Is it not better that we have reasonable expectations about our built environment based on an aspirational plan crafted by the community for its own revitalization? All are better served. The petitioner, our budgetary decisions as a Council, the decisions of investors, businesses and developers are all better served if we all know and operate with the same game plan and utilize the same criteria. Criteria that gives the same due process rule book to any petitioner. That gives us, collectively, a land-use road map that leads to reasonable assumptions about investment decisions large and small. It also aims toward growth and development. If you don't trust me, there are letters we have received from local developers who stated, I'll quote, `...land-use plans created and approved by a city in which I plan to make significant private investments. The City must be consistent with those plans.' Councilmember Jo M. Broden went on, Therefore, I cannot support a veto message that is dismissive of our primary and first evaluative criteria, relative to land-use decisions, in this case the comprehensive plan and the sub-plan. Nor do I wish to set precedent that the opinion of our professional planning staff,relative to the plan which they are primarily tasked with implementing, just doesn't matter. So a body of nine (9) fully engaged citizen representatives elected by our neighbors consider rezoning month in and month out through the lens of very specific criteria. They have been discussed exhaustively since January 81h, 2018. They have been framing our discernment process. A body of nine (9) fully engaged citizen representatives are also aware of past decisions and the precedent nature of current decisions. It is empowered and entrusted in nearly every other City of our State to make these decisions without the threat of Mayoral veto but that is not the case here and I get that. Councilmember Jo M. Broden continued, So to the criteria. The criteria which we are asked to make our decision upon matters. Adherence to the criteria matters. I would argue not just to the Area Plan Commission and us the South Bend Common Council,but it should matter to the Chief Executive. As soon as we begin to talk about occupants and make this about adjacent neighbors or the most divisive issue of our time,we have moved far,far away from a land-use question. In fact, the record is replete of legal advice to tie our decision to the zoning criteria. That was the advice of attorneys in the Area Plan Commission process that I believe occurred in March and it was the advice of our attorney, Mr. Palmer, throughout. This is not about abortion,pro-life or pro-choice, or anything in between. It is a land-use decision and I'm going to break it down. Councilmember Oliver Davis interjected, Break it down. Councilmember Jo M. Broden went on, In its simplest and strictest form, by statute, a question of whether this particular parcel of land, regardless of the petitioner or the occupants' beliefs, their quality or quantity of service delivered,their marketing plan or their business model,their funding source or the price they paid for the property or choosing this location versus another alternative location, is basic. That basic question asks if it is ok to change to an office use, specifically and Office-Buffer use, for the purpose of a counseling center. Is it ok to change this parcel? If you go and look at the intent of the Office-Buffer Districts, one (1) of the specific things it says, `they are typically less commercial in appearance and are architecturally more harmonious with residential structures. This district can serve as a buffer between residential districts and more intense commercial industrial districts. The OB district may also serve as a gradual and reasonable transition between major thoroughfares and residential districts.' The Chief Executive's consideration and his rationale strays from this most basic land-use question of whether a proposed office is an appropriate land-use next to another office. Councilmember Jo M. Broden continued, This Council has said thus in other past decisions and we will in future ones. But for the larger issues beyond the scope of this land-use decision before us, my expectation is that office next to office is a zoning approval we will give every single time. To Councilmember Oliver Davis' point, I think it is important that I actually state this into the record. If the land ownership was reversed and the petitioner to the east, the Whole Women's Health Clinic, was before the Council asking to rezone this same parcel from residential to OB, I would be supportive of that request as ardently as I am of this. The same.kind of hurdles that Women's Whole Health Clinic are trying overcome downstate are the same kind of hurdles some are encouraging members of the Council to put up here. By plan and by right, they, the Women's 5 REGULAR MEETING MU 14, 2018 Care Center, and the Whole Women's Health Clinic have a right to offices within the Bendix Commercial Node. Councilmember Jo M. Broden went on, To those concerned that this petition will create conflict zones, safety or enforcement issues, or share the opinion of the Mayor that groups diametrically opposed should not be granted permission to set up offices next to one (1) another, I urge you to look at the commitments which the petitioner has made. I believe there are seven (7) total and I would like for those to be entered into the record, please, specific to tonight's testimony. Council President Tim Scott replied, We already know those and they are already entered into the record. The proposed written commitments offered by the petitioner of Bill No. 05-18 are outlined in Attached Exhibit "A" ("Real Estate') located in the flatfile of Bill No. 05-18 that can be found in the City Clerk's Office. Councilmember Jo M. Broden continued, But I would like to actually have them entered into the record,thank you. These commitments evidence a responsiveness to the concerns expressed in the public debate. And let me go back. Why are the commitments important to mention? They were barely mentioned in the veto message to us as a community. They were not even mentioned in the media coverage. So they are important because they talk about control and a willingness to control anytime a protest happens on this petitioner's parcel of land. Let me continue. Councilmember Jo M. Broden went on, These commitments evidence a responsiveness to the concerns expressed in and throughout the public debate. I would like to expressly thank Councilmembers Gavin Ferlic and Regina Williams-Preston. They were instrumental in crafting these. Many of you have been on the Council far longer than I, but I am rather certain no other petitioner has gone to such great lengths to commit,through various measures,to ensure peaceful coexistence in the area planned that they can control. Essentially,they are controlling one hundred percent(100%) of their parcel. Two (2),no other petitioner has gone to such great lengths to work to enlighten others who might think it productive to protest or shame woman seeking healthcare services that, by right, are hers to seek. No other petitioner has made a commitment to work to establish communication channels to address issues that might arise with the neighbors or neighborhood. No other petitioner but this petitioner has agreed that if there are issues and they are at fault, they will bear the cost of that enforcement. Councilmember Jo M. Broden continued, Let me be clear. We do not, nor does the Mayor, have the power, by this zoning decision, to affect the protests that might occur anywhere along the public right of way or anywhere along that street. But by approving this petition and by voting to override the veto,the commitments,which the petitioner has agreed to, and which are enforceable by this Council, by the neighbors and the Area Plan Commission staff, can eliminate protests or harassment on the parcel owned by the Women's Care Center. Let me also be clear. If the rezoning is not granted, any subsequent residential property owner could stage protests three hundred and sixty-five (365) days of the year. This is not a threat. It could happen day one (1)that the neighbor clinic opens. This is not new information. This was brought to light in the public record and it was relative to the questions about the purchase. It was in response to questions about the purchase of the property itself. We were told in the public record that the purchase itself was a blocking mechanism to block out others who are more ardent and who are more confrontational. Councilmember Jo M. Broden went on, A veto override is a vote in favor of public discourse and the public process. The Chief Executive's reliance on statistics from an unknown source which was not evidenced in the public record, nor debated in this public venue before this Council, the reliance on that information and that data to veto an affirmative, albeit close, decision by this Council on a rezoning ignores what was in the public record. There is deep value in sitting here listening to people as they stand before us, state their name, provide their address and make their argument or offer us insight. In this particular case,the public record,as I stated earlier, spans from January 8t",2018 to today.And within that public record, critical facts missed in the veto statement are the innumerable times that the Women's Care Center stated that they don't contribute violence, they don't support violence,they don't allow harassment, and also refute any other claims related to that. It is not fair to tag this petitioner with problems that others create. 6 REGULAR MEETING May 14, 2018 special. Something different and something workable and, perhaps, a model for our Country. I'm not one (1)to wring my hands and say our community is not up to the task or that a problem is too big.We've found a way, as a Council,to try to make a petition in our community next to a neighbor work. An office next to an office. This petitioner's request fits the plan, it enhances the neighborhood, it will increase property values, it is an investment of over $750,000 year one (1). Its services are needed as well as the services of its neighbor. It does match the current conditions. It is an office area next to commercial and they have appropriately included elements that will retain the residential character despite it being an office on that given parcel of land. We should vote to override this Mayoral veto as a Council. Councilmember Dr. David Varner stated,Yeah,I think the purpose of the five(5)criteria is so that we can make decisions that are based on facts and not based on emotion. If you reduce this to fact, there is a node on the West Side of town, on Lincoln Way West, which has within its design and its intended use, a parcel of land. That parcel of land is intended to be Office-Buffer. It is not intended to be anything heavily commercial. It is understood it will not be residential in the future. So what you have is a request for an Office-Buffer from an organization that may have disagreements with the people next door,but that is no reason to deny them the right to utilize that piece of property following the criteria the way they have. I voted in favor of it two (2)weeks ago and I will vote again in favor of it. I find myself a bit concerned of the purpose of the Area Plan Commission or the Council if we can't have any faith in our decision for the Mayor to veto a decision like this. I guess all of our decisions in the future are going to have to have at least six(6) votes or it's potentially going to be vetoed. I think that is a disservice that drew us into an elongated process that hopefully, one (1) way or the other, ends toni ht. I will continue to vote in favor of the rezoning request. Councilmember Sharon L. McBride stated, I appreciate and respect all of my colleagues' different perspectives. However,this is not personally or politically motivated. I am the novice of the group and based on the criteria I was given when I first came onto the Council, I definitely beg to differ with my colleagues about it. Whether it was a Joe Blow or not would not change my vote. To me it does not matter what type of establishment it would have been. Coming into this task, unfortunately this is the issue that I am tasked to do and I have to make a decision.I am comfortable and confident in the decision I have to make. Criteria number three(3)and five (5)are the grounds for my no vote that I have previously stated. I uphold that vote. It doesn't matter what type of facility. It is a little disheartening to see this has become about pro-life or pro-choice.This is strictly a rezoning matter by definition. The interpretations from everyone in the room could differ all day and I would still have respect for everyone. We can all agree to disagree but my criteria is, again, number three(3)and that being about the most desirable use.There are several wonderful locations of the Women's Care Center throughout our wonderful City that provide this service. To that end, again, it is not because in this instance it is an abortion clinic next door. We still have those locations that provide those wonderful opportunities for women, men and children to be served. This is not political or personal for me. It is strictly a zoning issue for me. I will not change my interpretation of these criteria. Again, it is disheartening to have this become a political issue without looking at the facts. My vote still stands as a no. Councilmember Regina Williams-Preston stated, I have had dozens of hours of conversation with the people, I think, who are most important and those are the people in this community. As you know, I represent one (1) of the two (2) districts that will be most affected. I first want to simply thank everyone who spent time to share their thoughts and opinions with me about this issue. It was certainly an opportunity to learn and I want to say I really look forward to continuing the relationship we have forged on all sides. My vote tonight will be the same as my vote earlier that is based on the same criteria and most specifically those are based on criteria three (3), four (4) and five (5). Councilmember Karen White stated, I guess I would like to start my comments with that this Council, over the last three (3) years, has operated with respect for each other whether we have agreed or not. We have not personally attacked each other be it in public or through the media. My expectations regardless,we have had a number of issues on which we have not agreed but we have handled it at a level of respect and integrity. And when ones character is being challenged we have not responded on a personal level. It is my hope that we would continue to operate as such. Just 7 REGULAR MEETING May 14, 2018 last Thursday, Councilmember Sharon McBride and myself met with two (2)representatives from the Women's Care Center and at that time they had even put on the table an additional commitment and I promised them I would share that with the entire Council. I did and I emailed the entire Council. I did not receive any feedback from that email. Councilmember Karen White continued, As we begin to look at the West Side and begin to look at the different planning efforts that have continued, there is much work to be done. Just recently we had contacted Community Investment to say we need to continue that conversation because the plan is not complete and there is still work needed to be done. I said in my last comments that if anyone were to say that zoning is a very black and white issue, that is not correct. Many of our tough decisions we have had to make in the last three (3) years really center on zoning. The decisions I tend to make are after I do my homework. I try to be fair and consistent. This particular issue has the tendency to polarize this community and that is unfortunate.A vote in favor or against does not indicate that we do not support the services. I have continued to look at this from a zoning perspective and there are certain standards that, for me, this particular property has not met. I will continue with my vote as I indicated when we first met. Councilmember Tim Scott stated, My final comments are the same as they were seven (7) weeks ago. To me this is a zoning issue. It is an erosion of the neighborhood nodes within this. It cannot be tolerated. I did vote against the Dollar General right across the street that actually took away residential houses. There are plenty of commercial nodes up and down Lincoln Way that desperately need improvement. It is within a TIF District. I sat on the committee for the West Side corridors. What I've seen from DCI is we are on our third director in four (4) years without any real vision or focus on what we are doing on Lincoln Way. I want more for Lincoln Way and, honestly as I've said before, I think.this is a good opportunity for the Women's Care Center to partner with DCI to figure out a place that could make a potentially impactful difference on Lincoln Way within a node in a TIF District. We did a fine job of repainting the road on Lincoln Way and that is as far as we've gotten on that plan. We can talk all day long about DCI. I've met with James Mueller. We are going to reinitiate the West Side Corridors Committee that came up with that plan. I've seen so many times before that we come up with one (1)plan after the next and all they do is sit on the shelf. We have to quit doing that. Lincoln Way is in my district and I want more from Lincoln Way. There are places on Lincoln Way that Community Investment doesn't even know or care about. I am sticking with my vote and I am sticking with the criteria. I appreciate everybody's passion. This is the democratic process. The vote prior and the veto,this is all part of the democratic process. Councilmember John Voorde stated, I think this is unfortunate. This is a mistake. Not because of the opinion on life or choice but just looking at the criteria, which we focus on, which are subject to interpretation. However, I think we have to be awfully careful if we are denying a legitimate petition to rezone that meets criteria right along the line because it may cause some potential disharmony in the neighborhood. Where do you draw the line if you are using that kind of criteria? I may do this or may do that. What if somebody wanted to open a gun shop? What if it is anything potentially controversial?What if it is some sort of ethnic thing that people are uncomfortable with in a neighborhood? What if it is a Muslim church? What if it is a black church where one (1) has not previously existed and people are uncomfortable with that? You can't turn something like that down because it may create disharmony or conflict. I think you have to stick to the facts. I can't speak to them as articulately as my colleagues but I think we have to be awfully careful. I think the Mayor was wrong to impose whatever his rationale was. The rationale is,in my opinion,flawed and unsubstantiated by fact. I'm not sure where he was coming from. With no further discussion, Council President Tim Scott proceeded with the roll call vote to override the Mayor's veto of Bill No. 05-18. The motion failed to receive the necessary six (6) votes, receiving five (5) ayes and four (4) nays (Councilmember Tim Scott, Regina Williams- Preston, Sharon L. McBride and Karen White). Councilmember Gavin Ferlic made a motion for a five (5) minute recess. Councilmember Oliver Davis seconded this motion which carried by a voice vote of nine (9) ayes. 8 REGULAR MEETING May 14, 2018 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 8:05 p.m. Council President Tim Scott presided with seven(7) members present. REPORTS OF CITY OFFICES Representing the City Administration: Pete Buttigieg, Mayor PUBLIC HEARINGS There were no bills to be heard publicly at this time. BILLS —THIRD READING There were no bills to be thrice read at this time. RESOLUTIONS Councilmember Gavin Ferlic arrived back to the meeting at 8:06 p.m. BILL NO. 18-20 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS INTERSECTION OF SAMPLE ST. AND FRANKLIN ST., SOUTH BEND, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR FRANKLIN STREET TECHNOLOGY PARK, LLC Dan Buckenmeyer, Director of Business Development for the Department of Community Investment with offices on the 14"' floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Buckenmeyer stated, For Franklin Street Technology Park, this is an exciting compliment to the Ignition Park. It is just North East. What we are looking at is phase one (1) and it will be about 30,000 square feet which we'll eventually develop into about 60,000 total square feet that will be subdivided into five (5) 15,000 square foot tenant spaces. Councilmember Oliver Davis arrived back to the meeting at 8:07 p.m. Mr. Buckenmeyer continued, We think it is a great compliment to the Ignition Park area and the larger spaces there. It is an eight (8) year phase in. The abated amount will be about$438,000 but the petitioner will pay about $138,000 over the course of the abatement. Both petitioners are here in case you have any questions for them. Ann Hayes, 814 Marietta Street, South Bend, IN, served as the petitioner for this bill. Ms. Hayes stated, Just to follow up on what Dan just explained, we are excited about this project and look forward to developing three (3) buildings. The first is 30,000 and we look to begin construction soon after closing. 9 REGULAR MEETING May 14, 2018 Councilmember Oliver Davis stated,You guys sent me a letter and everything else. You see I was kind of tied up with the other situation but I did see it so I will respond so I do want to thank you for sending me that. I did read through it and so I will respond to you soon. Don't think I didn't and I appreciate 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. None from the public wished to speak in favor of or opposition to this bill. Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-20. Councilmember Oliver Davis seconded this motion which carried by a roll call vote of nine (9) ayes. 18-21 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 320 EAST COLFAX AVENUE, SOUTH BEND, IN 46617 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX 6 YEAR REAL PROPERTY TAX ABATEMENT FOR COMMERCIAL PROPERTY LOCATED AT WHARF PARTNERS, LLC 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 for this bill. Mr. Buckenmeyer stated, This is the exciting Wharf project that is commonly known as 320 at the Cascades. This is right on the river's east side. We are talking about a six(6) year tax abatement at one hundred percent(100%). Again the key point here is that this is only abating taxes on the commercial portion of this project. The abated amount will be about $430,000 but the residential elements estimate to pay about $1.5 million over the course of the abatement period. It is also important to note we are only talking about phase one (1) of this project. Phase one (1) alone with bring in over $19 million of private investment. Frank Perri, 3617 McKinley Avenue, South Bend, IN, served as the petitioner for this bill. Mr. Perri stated, I am representing Wharf Partners LLC. It is very exciting to be bringing this project to fruition after many years of studying and planning. I appreciate your support of our abatement in reference to this project. It is the last piece of the Riverfront and with what everybody has been doing, we are excited. Councilmember Oliver Davis asked, When will phase two (2) be ready? Mr. Perri replied, Well, right after phase one (1). We would love to be able to do it immediately following phase one (1) and that is our plan. As long as things get absorbed and with all the other investments going on, I'm just really happy to see South Bend moving forward as it has in the last few years. Councilmember Oliver Davis interjected, Ok, I'm at peace. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or opposition to this bill. Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-21. Councilmember Karen White seconded this motion which carried by a roll call vote of nine (9) ayes. 18-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, 10 REGULAR MEETING May 14, 2018 ELECTING TO PARTICIPATE IN THE PUBLIC EMPLOYEES' RETIREMENT FUND'S MYCHOICE: RETIREMENT SAVINGS PLAN AS ADMINISTERED BY THE INDIANA PUBLIC RETIREMENT SYSTEM Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Kyra Clark,Director of Human Resources for the City of South Bend with offices on the 12th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Ms. Clark stated, Before you is a resolution to approve an additional option for an employee benefit plan. Under the current program, all employees are required to participate in the PERF Hybrid Plan. Under this plan the employee becomes vested after ten (10) years. We are finding that when we talk to employees they don't see that as much of a benefit because of the long vesting schedule. So we have talked with PERF and they have a relatively new program that is called My Choice. It allows for a shorter vesting period and it looks like the vesting schedule of the typical 401k of a private organization at twenty percent (20%) per year with one hundred percent (100%) vestment after five (5) years. This is only something available to employees hired on or after July 1St, 2018. Once employees are hired after that date,they have sixty(60) days to decide whether they would like to participate in the traditional hybrid plan or the My Choice plan. If they do not choose, they will default into the My Choice plan. Councilmember Tim Scott stated, I like this idea. I think it will help with recruitment and I also like the versatility of it, so, thank you. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or opposition to this bill. Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-22. Councilmember Oliver Davis seconded this motion which carried by a roll call vote of nine (9) ayes. BILLS FIRST READING BILL NO. 22-18 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST NS ALLEY 14' IN WIDTH LYING W OF FELLOWS AND CARROLL STREETS, E OF MICHIGAN STREET, BOUNDED ON THE NORTH BY THE S RIGHT- OF-WAY OF BRONSON STREET, BOUNDED ON THE SOUTH BY THE N RIGHT-OF-WAY OF THE PENN CENTRAL RAILROAD, RUNNING APPROXIMATELY 248.78' IN LENGTH. Councilmember John Voorde made a motion to send Bill No. 22-18 to the Public Works and Property Vacation Committee and set it for Second Reading and Public Hearing on May 29th,2018. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business at this time. NEW BUSINESS 11 REGULAR MEETING May 14, 2018 MOTION TO MOVE MAY 28TH COMMON COUNCIL MEETING Councilmember Karen White made a motion to move the scheduled May 28th, 2018 Common Council Meeting to Tuesday,May 291h,2018 in observance of Memorial Day. Councilmember Dr. David Varner seconded this motion which carried by a voice vote of nine (9) ayes. Councilmember Dr. David Varner stated, Tomorrow morning at 9:00 a.m. I am going to submit a letter of resignation to the County Clerk's Office. Councilmember Oliver Davis interrupted, Are you serious? Councilmember Dr. David Varner continued, Yes, I am. I do it, I'm happy to say, for all the right reasons. It has been twenty two (22) and a half years and I think there is some opportunity to do some travel. I felt very guilty missing some of the budget meetings last year and I know the budget season is upon us. I have enjoyed working with everybody. I have enjoyed the relationships I have built with City employees and City staff. It is educational, informational and a very positive experience for me. I have letters for you all so everyone has a copy. According to State Statute, it has to be effective immediately so when I deliver it to the Clerk tomorrow, it will be official. Again, it has been a great experience. Councilmember Oliver Davis interjected, I don't want it. Wow. Councilmember Regina Williams-Preston stated, Can we not accept this? Councilmember Oliver Davis stated, I would like to make a motion that we not accept his resignation. Can we override this vote tonight? Council President Tim Scott opened the floor to comments from Council Members. Councilmember Karen White stated, I'm trying not to get emotional. Today has not been a day that was a good day. Dr. Varner, you just added to that. I'm happy for you to be able to travel but it has been a sincere joy working with you. Your integrity and commitment to doing what is best for all citizens and how you work with me and others, I highly respect all of that. I will tremendously miss you. I enjoy our conversations. Even though we did not vote the same way on certain issues we have always maintained that level of professionalism and respect. I appreciate you and I will miss you. Councilmember Gavin Ferlic stated,This is tough as we don't have any comments prepared. It has been really nice serving with you. Your leadership and experience has been really valuable to this Council as well as your professionalism and the level of respect you show to Council Members, especially when there are disagreements. I am happy for you with whatever you are doing next but certainly really sad to see you go. Councilmember John Voorde stated, You're the best Republican I know. I hope that there is a chance your forwarding address will be in Bloomington. Gosh, what a loss. Councilmember Oliver Davis stated, I've been here eleven (11) years and wow. I guess in my life this year so many of my colleagues I've worked with for a long period of time are retiring and moving on. You have added to that list. It has been a tough month for me and this is not cool. I respect you probably in ways that you could never imagine. It's been something. Wow. The best thing I would say is this. When we worked together on that whole AEP thing, that was something for me to watch how you think and process. I appreciated that because it forced me to learn how to work across isles and think of things differently. It forced me to say I don't want to lose your vote and how do we come together. I keep that in my documents under a lot of things. There are different bills you work on that you remember and that is one (1) 1 refer to a lot. I use that as an example of how we worked together on that. Councilmember Jo M. Broden stated, Thanks for your commendable, long and exemplary service to the City of South Bend. You have been an outstanding voice and perspective for a long time. You are very talented. I wish you much joy and happiness as you go into your next endeavors. Councilmember Sharon L. McBride stated, I have not known you personally that long but I recall the first time coming into the office and you asked me if I would continue on with the projects that 12 REGULAR MEETING May 14, 2018 my predecessor started and I immediately said, `Absolutely.' I most recently recall going to the neighborhood association meetings and when we've talked about curbs and sidewalks I wanted to make sure it included what Dr.Varner talked about. I wanted to make sure we are working together and am fulfilling what you have asked. I hope to always be fair and consistent and to have as much integrity as you have had. I've heard nothing but great things about you on both sides. I am one (1) who likes to work together with people to try and make an informed and fair decision and I really respect you. I appreciate your service and I wish I would have had the opportunity to be under your wings a little longer. Councilmember Regina Williams-Preston stated, Well, I'm just mad. This is a perfect example of what they say never put off for tomorrow what you can do today. Since I got on the Council, I've been told by many colleagues to go talk to you. I never took advantage of that and I'm really disappointed. I'm shocked by this news and I'm asking myself why I didn't pick up the phone. I've learned something from this. Do we have the opportunity to hire consultants? I've noticed over this time that we are of the same mind and that also taught me a lesson that, Democrat or Republican, it's really not about that. You have a fair and balanced way of looking at things and your history and experience really guides you in that. I appreciate that. Councilmember Tim Scott stated, You're the best dang Republican I know. You're my favorite. My wife and I noticed you doing the interviews as the lone Republican for many years.You always brought common sense to it. I always took note of that. I appreciate you and, though I give you grief about being a Republican, we talk through a lot. Like Councilmember Karen White said,we don't always agree on the vote but the dignity and respect you have given to every one (1) of these Council Members with no hard feelings, is incredible. You are calm and collected on all of that. You will definitely be missed. You better find someone that is just like you. My wife said when I was running to watch Varner and do what he does. Councilmember Dr. David Varner stated, I can see the deed is done. I thank you all for your comments. Councilmember John Voorde asked,Do you intend to remain on the Redevelopment Commission until we get a replacement? Councilmember Dr. David Varner replied, I assume my appointment was as a citizen and, if it is ok with the Council, I will finish that term. Council President Tim Scott announced, We are going through internship applications right now for Council PR positions. I will give Council a heads up when we get that narrowed down. Councilmember Jo M. Broden stated, I have an update from today Solid Waste Management District meeting. There was a quorum and the group decided to open up a satellite facility in Mishawaka. Who knows what the price will be. It does not, in my opinion, address the funding issues in a financially responsible way in terms of equal bearing of the cost. For people who would like to participate in the HHW, as you all may recall, most are tagged with paying eleven dollars ($11). The proposal approved today equates to about a six dollar($6) deal for the residents of the City of Mishawaka to participate in the very same program. The City of Mishawaka and the members who voted in favor of this facility, and it will be at the facility that it was formerly at, voted to fund the program through the City of Mishawaka's budget. There are a lot of unknowns of the impact of having an additional site particularly since we are only five (5) or six (6) months into the site here in South Bend. That move was primarily viewed as a cost saving measure to the district. Councilmember Jo M. Broden continued, So that is one (1) significant issue. It will most likely take effect June 1',2018.,As I said, I believe there are some equity issues with this. I felt this was backtracking in terms of where we have been and financing our services for HHW. The second piece of information is we did open up bids for the recycling program. This would be a provider selected for 2019 and two (2) companies bid. Those were opened today. Those will be evaluated with the help of our City staff. Basically they will be charged with looking at the price and performance of those two (2) bids with the hope of incorporating that into our budgets. I think we are at the point where we have separated out recycling from HHW but we have failed to bring an equitable measure to the fee structure that I and others hoped to accomplish. 13 REGULAR MEETING May 14, 2018 Councilmember Karen White stated, We launched our Not In Our Community initiative. That is a response to synthetic drugs within our community. We had a press conference today at 1:00 p.m. and it was very well attended with excellent information. I would make sure to get a copy of the information shared. I sent that information to the Council earlier on. There is plenty of work to be done. I encourage Council Members to join the standing committees. This is a long-run initiative and we see this as a public health issue. Councilmember Tim Scott announced, On Friday there is the Fallen Officers Memorial at the Police Station.I know Council Members attend and I will be speaking again. That is well respected and a good thing to do. Councilmember Jo M. Broden announced, It is Bike to Work Week. There is a breakfast on the Hall of Fame Gridiron tomorrow morning. We encouraging people to log their miles. That does help with data. Help the environment. Councilmember Oliver Davis announced, Councilmember Sharon McBride, Jo M. Broden and I were at the MAMAS Against Violence March this past Saturday morning. It was a good turnout. Councilmember Jo M. Broden followed up, MAMAs Against Violence now has a website and a Facebook page and a lot of that was brought forth through a collaborative effort of Notre Dame students. Another terrific development is that they are now partnering more intentionally with the Mom' Demand Action group. I would like to take this opportunity to lift up the long serving members and founding members Bobby White and others. They do hard work and, in particular, they support mother and families. They are there and they have always been there and there are terrific developments they are making. They contribute to our Gang Violence Initiative as they are always a voice at these call-in events. They've been a long bedrock in our efforts here locally. Mayor Pete Buttigieg,Mayor of the City of South Bend with offices on the 14th floor of the County- City Building, South Bend, IN, stated, Thank you for recognizing me. A quick public service announcement is that the Bike to Work breakfast has been rescheduled for weather reasons. They are pushing it back by one(1)day.I can't let Dr.Varner's announcement go without my comment. I join everybody else in expressing a certain amount of shock but agreeing that you've certainly earned a very enjoyable retirement. The City is in your debt and I take it as good news to hear you will be continuing to serve on the Redevelopment Commission. As has been remarked by other Democrats in the room, if more people in your party were like you and, candidly, if more people in my party were like you, our Country would be a better place. We've agreed on some things and have disagreed on other things but, especially when we are not in agreement, I've admired your expertise, reasoning and honesty. You deliver it without the inflection of ego. I have learned a great deal from our first cup of coffee when you made time for me when I was still running for mayor. It is going to be very difficult to make up for your leaving the Council. Mayor Buttigieg continued, They say the highest and rarest honor available to the mayor is the Key to the City but I'll give you one(1) even more rare because I don't think I've ever said this to somebody in public. It is almost physically impossible for me to say this. There have been many occasions, some of them important, on which it has proved to be the case that were right and I was wrong. Again, there have been times when we have been on different sides of an issue and times when we've been very much on the same page. Through it all, I've admired your service to the City and we will miss you greatly. Thank you for your service. PRIVILEGE OF THE FLOOR Samuel Brown, 222 E. Navarre Street, South Bend, IN, stated, The reason I'm rushing is because the basketball game is getting ready to start. Varner is straightforward and if you ever talk to him, whether you could take it or not, he was not going to hold back on you. I respect you a lot and there aren't many people I can say that to. I know one (1) part of you is torn but you have to do what is best for you. I am very passionate about voting. Voting is something really dear to my heart but I felt I was cheated. I try to look at the facts of both candidates. Sometimes you don't get it all right. I had a lot of doubt because I grew up in the streets. The thing about it is, Redman was also a qualified candidate. The thing that bothers me about my vote this time was both of them were qualified. But those police tapes, I will always be wondering if I voted against a single 14 REGULAR MEETING May 14, 2018 individual because of something I thought was there. I feel that the people that have the power to get the information out to the citizens, that is your duty. When I voted, I don't know. I voted for Redman because those police tapes haunted me. I wish I would have known all the facts so I could have voted with a clean conscience. Rod Goodchild, 837 South 24th Street, South Bend,IN, stated, When we were struggling to get the first tree put up in front, my mother was someone that was on every committee and involved in every fundraiser. She did many activities for the City, St. Anthony's, Marian, you name it. Allen Morris was somebody that was very dear to our family. Dave Varner was the one (1) who got in touch with the head of the zoological president and said put it there and he did and it was done. That is the leadership I cannot speak highly enough about. I know my wife Susan can't thank you enough. I've worked with them for over a year. The flag and he states,yes,the elders needs to own the land before the flag is put up. I got a flag and gave it to Aaron Perri. My heart goes out to that Indian tribe. All I'm asking for is we have a stone, you can see it, it has my father on there. It is funded by the Goodchild Family Trust.We paid for every single tree. Fourteen(14)of them.Thank you and I hope it will be up by the Best. Week. Ever. Harry Marsh, 1520 S. Carroll Street, South Bend, IN, stated, My issue hasn't changed. Those trailers on Michigan Street are still there. The City hasn't looked for a new place to put those trailers. It seems like they are dropping that ball in the people's lap on the South East side. They need to do their job. My job is to convince you not to let those trailers stay where they are. The people on the South East side don't have a problem helping people that need help. But one (1) thing my father always told me was that help needs to start at home, first. The South East side is my home. I live there. First of all, I need to help myself and by doing that I need to say to you again, let's move those trailers. Let's put them some place where they are not in the middle of someone's neighborhood. Let's spread the wealth in the community. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 8:50 p.m. 15