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HomeMy WebLinkAbout06-25-18 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 June 25, 2018 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND PROVED: TI CCITT TESH 21 APPROVED BY THE COMMON COUNCIL ON: July 9,2018 ATTEST: KXAEEMAH FOWLER, CITY CLERK REGULAR MEETING June 25, 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, June 25, 2018 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation(Senior Pastor Gary McCallum, Heroes Camp) and Pledge to the Flag were given. ROLL CALL COUNCIL MEMBERS PRESENT: Regina Williams-Preston 2nd District Sharon L. McBride 3rd District Jo M. Broden 4th District Jake Teshka 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 COUNCIL MEMBERS ABSENT: Tim Scott 1St District, President OTHERS PRESENT: Jennifer Coffman Chief Deputy Clerk(acting Clerk) Bianca Tirado Deputy Clerk Graham Sparks Clerk Executive Assistant Bob Palmer Council Attorney Casey Colvin Public Relations Intern REPORT FROM THE SUB-COMMITTEE ON MINUTES There was no report from the Sub-Committee on Minutes. SPECIAL BUSINESS SPECIAL RESOLUTION HONORING CHANCELLOR TERRY ALLISON, INDIANA UNIVERSITY SOUTH BEND Councilmember Karen White, 1912 Malvern Way, South Bend, IN, stated, I have the pleasure of presenting this resolution to Chancellor Terry Allison. I have also had the opportunity to work with all of the Chancellors at IUSB and I must say that Terry exceeds them all. It is indeed an honor to present this resolution. A Resolution of the Common Council of the City of South Bend, Indiana commemorating and thanking Terry Allison for his time as Indiana University South Bend Chancellor and wishing him the best as he pursues the "next chapter" of his life and career. Whereas, Terry Allison came to South Bend as the Chancellor of Indiana University South Bend in 2013 after serving in several academic positions including: provost and vice president of academic affairs at Governors State University in Illinois; Dean of the College of Arts and Letters and a tenured professor of English at California State University in Los Angeles; and several roles at California State University San Marcos; and, Whereas, Chancellor Allison received a Ph.D. in literature and a Master of Arts degree in comparative literature from the University of California, San Diego, a Master of Library and Information Science degree and a bachelor's degree with honors in economics and political science from the University of California, Berkeley; and, i REGULAR MEETING June 25, 2018 Councilmember Sharon L. McBride, 415 East Broadway Street, South Bend, IN, stated, Whereas, Chancellor Allison has focused his love of education and devotion to students to lead Indiana University South Bend for the past five (5) years; and, Whereas, under Chancellor Allison's leadership, the health sciences programs greatly expanded which, in turn, will lead to continued assistance in meeting the needs of the South Bend area's medical community; and John Voorde, 1029 Clermont Street, South Bend, IN, stated, Whereas, Chancellor Allison's other major accomplishments at Indiana University South Bend include: increasing the four (4)-year graduation rate; a growth of the Honors and study abroad programs; overseeing the largest gift in campus history which led to the naming of the Vera Z. Dwyer College of Health Sciences; development of a campus strategic plan that runs through 2020;the renovation and naming of the Louise E. Addicott and Yatish J. Joshi Performance Hall; the renovation of the first (1St) floor of the Administration Building into a hub of student services; full occupancy of River Crossing student housing; expansion of athletics from three (3) to twelve (12) teams in the National Association of Intercollegiate Athletics; establishment of a new home for the women's softball team, Pfeil Field; and, Whereas, the City of South Bend and its residents will forever be grateful for Chancellor Allison's leadership in the purchase of the Wooden Indian Motel and Club Landing property, thereby creating a safer and more inviting corridor into the City of South Bend. Councilmember Karen White stated, Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section One (1) The South Bend Common Council proudly commemorates and thanks Chancellor Terry Allison for his lasting contributions to Indiana University South Bend and, through the University, the greater South Bend community. Section Two(2)The Common Council wishes Chancellor Allison continued success as he pursues the "next chapter" of his life and career. Section Three (3) This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Vice President Davis opened the floor to comments from Council Members. Councilmember Regina Williams-Preston stated, As a proud alumnus of IUSB, I just want to say thank you so much for your leadership. You've given much more than I even knew. Now that I heard the resolution, I just want to say it is just such an important institution to this community and the folks in South Bend. So many of our young people find their next level of education there. You were a part of increasing that four(4)-year graduation rate and unlocking that opportunity for excellence at that level is so important. I think around seventy (70%) percent of the teachers in South Bend Community Schools come out of that institution so I just want to say thank you for all the things that you have done. You've led this institution with grace and courage and it is much appreciated. Thank you. Councilmember Jo M. Broden stated, Thank you so much for your tenure and what an amazing position to be in on a day to day basis. You influence youth and direct research and arts. That is everything encompassed in an academic institution. You are able to impact these individuals and have driven things State-wide and have helped shape our entire State. Thank you so much and best wishes to you. I don't know where you're heading and I'm sure you'll make an extraordinary mark there as well. Their gain is certainly our loss but you don't leave without having made an amazing impact. Thank you very much. Councilmember Jake Teshka stated, I echo the sentiments of Councilmember Williams-Preston and Broden. Thank you for all that you have done for our community through your work at IUSB. I,too,am an alumnus of IUSB and it is such a crucial part of our community. We have been blessed with world-class educational facilities here. IUSB is certainly not the least of them. Thank you for what you have done and for buying the Wooden Indian. Best wishes on what you do next. Councilmember Gavin Ferlic stated,Thank you for your service and best wishes wherever you go. Councilmember Sharon L. McBride stated, I want to thank you for your services. It is an honor to be the Council Member of the third(3rd) District. Best wishes to you and good luck to you. Councilmember John Voorde stated, I was in the second (2nd) graduating class at IUSB. Last year we came off of the Jubilee Year. 2017 marks the one hundredth (100th) anniversary of classes being offered in South Bend from Indiana University,the fiftieth(50th)anniversary of the granting of the first four (4) year degrees, and the twenty-fifth (25th) of the School of Arts. I've seen 2 REGULAR MEETING June 25, 2018 Chancellors come and go and whoever follows this gentleman will have a tough act to follow. You can't say enough about what he has accomplished while he has been here and it makes us all proud to be a part of it. Councilmember Karen White stated, And here I thought August 2017 was a tough time for me when I made the decision to retire. Chancellor Allison has taught me so much during his tenure and his ability to handle tough issues with grace and professionalism is amazing to me. He has allowed me to be me and I enjoyed working with him. I wish him the best but am so sad to see him leave IU-South Bend. I wish him the very best. Councilmember Oliver Davis stated, It is truly an honor to honor you toni ht. I have seen you come into this community and from day one (1), you got involved. You even put your name out there for School Board and did all those kinds of things. Education is truly your focus and I didn't graduate from IUSB but that was my first teaching job from 1994 to 2003. I was on campus a few days ago giving a presentation and I just reflected on what it was like just a few years ago and I thought, wow,this place is really booming. It is amazing to see it grow. I know you've been busy and I am very grateful for your service. Terry Allison, 1700 Mishawaka Ave, South Bend,IN, stated,I am so honored. This was a surprise. When it came up on my calendar I wasn't expecting this. You aren't honoring just me but the institution of Indiana University South Bend. I did tell the Mayor that when we bought the Wooden Indian Motel, I wanted a ticker-tape parade. Thank you so much. I walked onto a college campus some forty-five(45)years ago to start college and I have been working on a college campus almost that complete time. IU South Bend is a wonderful treasure for the community. I want to thank the City and each of you for your support. We have worked closely with the City. I think the campus looks forward to further cooperation with the City as we consider what kind of private-public partnerships that might develop in order to rehabilitate that area. For now it will be a nice grassy field with trees but I hope it continues to be an asset to the community. As mentioned, my immediate plan is to go on sabbatical. I am heading off to Greece in a couple weeks. Then after that, I am preparing to teach online IU South Bend courses. I'm just waiting to see if I will stay in the community or not. This is a generous community and I have certainly had a wonderful time here. You have been generous to our campus and I so appreciate it. I just want to thank you all for your work and I hope there are many more years of cooperation between IU South Bend and 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. Janet Kuyaba, 15449 State Road 23, Granger, IN,stated,This gentlemen is my former boss's boss and I have been hanging around at the University for four (4) Chancellors. Of the four (4), he is my favorite. For my twenty-fifth (25) year at IU, I got a really pretty picture frame with a clock that says thank you for your twenty-five (25) years of service. I made an appointment to get my picture with this Chancellor because he is a great person to work for. The community loves him because they know that at his most inner part, he cares about our students and this town. Thank you. Councilmember Gavin Ferlic made a motion to adopt the legislation by acclamation. Councilmember Regina Williams-Preston seconded this motion which carried unanimously by a voice vote of eight(8) ayes. LIMEBIKE UPDATE-NATHAN HASSE, OPERATIONS MANAGER Skyler Mudd, 2121 S. El Camino Real, Suite B-100, San Mateo, CA, stated, We just recently launched in Elkhart. We launched our new single-speeds there. They are pretty fun and they look like our three (3)-speeds. We are still in talks with the City about future new vehicles like the scooters.Nothing for sure yet on that. It has been a good summer so far. Vice President Oliver Davis stated, People are leaving their bikes places. How is the recovery in terms of recovering the bikes and picking them up? Mr. Mudd replied, Great. We actually came up with a new system to divide up the City better to make sure we are getting all the areas and not forgetting any. That has been going well so far. 3 REGULAR MEETING June 25, 2018 Councilmember Regina Williams-Preston asked,When you said single-speed and three (3)-speed, are those the bikes that have motors? What are you talking about there? Mr. Mudd replied, Those are the number of gears. So our first(1St) generation bikes with the solid green wheels,those are a single speed so you couldn't change gears. The three (3)-speeds are nice so if you have a hill or something you can change the gear and it makes it easier. Councilmember Regina Williams-Preston stated,Now we have the three (3)-speed is what you're saying? Mr. Mudd replied, Yes, we have the original one (1) and then the three (3)-speeds. Councilmember Regina Williams-Preston followed up, Ok, and I also have a question about procedure. First (1St) of all, I love LimeBikes. I think they are great and I'm excited to see them everywhere. Everyone is using them. Kids,especially, it is really awesome. There are whole gangs of children riding LimeBikes down the street. I did have an issue though. Someone left a LimeBike right on the corner of my alley. And it stayed there and stayed there for a while and got run over and it was just a mess. What is your process?I did finally call a one-eight hundred(1-800)number and it took about three (3)weeks. But what is your process on that? Mr. Mudd replied, We have people that go out every day that patrol the City and if a customer or citizen notices an issue and calls the number on the basket and reports it, then we get a service ticket and then once we get that,we have a person that goes out and does those too. We try to have a twenty-four(24)hour turn around. Councilmember Regina Williams-Preston then asked, And is there any thought of having the motorized bikes? I thought I heard something about that. Mr. Mudd replied,There has been some talks but as of right now,there isn't much progress toward it. Personally, I would love to see them here. They are a lot of fun. Councilmember Jo M. Broden stated, Safety and education endeavors. What are you doing to hit those topics? Do you have anything built into your business model that addresses those issues? Mr. Mudd replied, Yes. On all of our vehicles we have key details to it. It says always wear a helmet and use safety gear and follow all the local traffic laws. Councilmember Jo M. Broden followed up, Is there an ability to subsidize someone's bike use for, let's say, one (1)month? Can an employer do that? Mr. Mudd replied, We do have a few avenues. The easiest route would be to get in contact with the local employer and sometimes we could set up coupon codes for the employee. Or they could put in a prepaid debit card in the person's profile. In our app there is a direct pay option or you can set money aside ahead of time. Councilmember Jo M. Broden asked, Is that a new feature or has that been in place all along? Mr. Mudd replied, As far as I know it wasn't there at the beginning but we've had it for a while. Councilmember Jo M. Broden followed up, Would you help with publicity on that? Mr. Mudd replied, Absolutely. There are a lot of things we could do. We could put something on our Facebook page. Councilmember John Voorde asked, How many bikes are in use and how many times are they used? Mr. Mudd replied, We do get a report every day for the number of trips per vehicle and when I looked yesterday we were at point eight five (0.85) trips. And we have just under eight hundred (800) bikes in our South Bend fleet. Councilmember Karen White stated, Throughout the community, you see the bikes just laying on the ground. Is there any way we could have racks for the bikes? Mr. Mudd replied, There are talks going on right now for some solutions to that. As far as bike racks go, we do make exceptions with certain cities if we have to come to an agreement on it. But 4 REGULAR MEETING June 25, 2018 we do have a rack-free model where you can park it anywhere. That is part of the design. We do work with communities to come up with solutions. Councilmember Karen White followed up, How many bikes have you lost due to vandalism and damage? Mr. Mudd replied, I don't know that number. Tim Corcoran,Director of Planning for the Department of Community Investment with offices on the 14th floor of the County-City Building, South Bend, IN, stated, Right now we are trialing what we are calling Preferred Parking Locations. It won't be a dock and you won't have to park there but we are trying to incentivize locations based off of looking at the data and seeing where they are most used and left. We are also cross referencing the complaints to see if they overlap. There will be three(3)pilot places.We have bid specs written up right now.It really is just paint,concrete and maybe defining the space with vertical bike rack looking things. From there, we will start to look at different areas. REPORTS OF CITY OFFICES Representing the City Administration: Mark Bode, Communications Director RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:31 p.m. Councilmember John Voorde made a motion to resolve into the Committee of the Whole. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Gavin Ferlic, Chairperson,presiding. Councilmember Gavin Ferlic explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. PUBLIC HEARINGS BILL NO. 14-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to continue Bill No. 14-18 to July 23`d, 2018. Councilmember Regina Williams-Preston seconded this motion which carried by a voice vote of eight(8) ayes. 23-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17, ARTICLE 2, DIVISION 3, SECTION 17-8 (f) TO REVISE LOCAL PRETREATMENT STANDARDS FOR THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT Councilmember Jake Teshka, Chair of the Utilities Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. 5 REGULAR MEETING June 25, 2018 Councilmember Oliver Davis made a motion to continue Bill No. 23-18 to July 9th, 2018. Councilmember Jake Teshka seconded this motion which carried by a voice vote of eight(8) ayes. 24-18 PUBLIC HEARING ON AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS, AND ARTICLE 7 GENERAL REGULATIONS TO REVISE OFF-STREET PARKING REGULATIONS Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee,reported that they met this afternoon and send this bill forward with a favorable recommendation. Angela Smith, Deputy Director of the Area Plan Commission with offices on the 11th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Ms. Smith stated, The bill before you this evening takes a look at our parking regulations within the City of South Bend and comes up with a comprehensive approach to update our Ordinance and bring it in line with current standards. Since 2004,we have found there to be many gaps within the Parking Regulations and Zoning Ordinance that don't really fit with the urban character of South Bend.The Department of Community Investment has worked with the Area Plan Commission to come up with the revisions before you tonight. This comes to you from the Plan Commission with a favorable recommendation. Michael Divita, Planner for the Department of Community Investment with offices on the 14th floor of the County-City Building, South Bend, IN, served as the petitioner for this bill. Mr. Divita stated, The Department of Community Investment was pleased to develop this proposed amendment in cooperation with Area Plan Commission staff. The Zoning Ordinance's current minimum parking standards are based on dated suburban calculations that do not speak well to the realities of the urban context. The existing standards lead to an over-supply of off-street parking, requiring developers to go to the expense of building parking that they will never use.Using aerial photography we analyzed the current parking needs for various land-uses locally to better calibrate the required minimums. Property owners can still provide more parking if they see that demand. This will also provide greater flexibility. These changes will be particularly helpful in advancing neighborhood scale revitalization on smaller lots. It will be easier to use by property owners and staff. We ask for your approval and would be happy to answer any questions. 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 John Voorde made a motion to send Bill No. 24-18 to the full Council with a favorable recommendation. Councilmember Karen White seconded this motion which carried by a voice vote of eight (8) ayes. 27-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE TO ADD SECTION 2-131.1 TO REQUIRE PERIODIC SEXUAL HARASSMENT AWARENESS AND PREVENTION TRAINING FOR ALL CITY OF SOUTH BEND EMPLOYEES, ALL CITY OF 6 REGULAR MEETING June 25, 2018 SOUTH BEND ELECTED OFFICIALS, AND ALL CITY OF SOUTH BEND APPOINTED OFFICIALS Councilmember Karen White made a motion to accept the second (2"d) Substitute for Bill No. 27- 18. Councilmember Regina Williams-Preston seconded this motion which carried by a voice vote of eight (8) ayes. Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as the presenter for this bill. Councilmember Oliver Davis stated, I would like to thank all of you all for all of your input. We had good discussion this afternoon which lead us to a second (2nd) substitute. I would like to go over that. As we learned this afternoon, the Human Resources Department for our City is already in the process of emphasizing these issues. We wanted to acknowledge that part. Under Section C we added that each supervisor employee is required to complete a minimum of two (2) hours of interactive sexual harassment awareness and prevention training each calendar year. The original had every other year. This is going to be done on a yearly basis. This includes any full or part-time employees with the authority to hire, fire, promote, demote, transfer or discipline an employee.And from our meeting this afternoon there is another section. The last one(1)in Section One (1) is Letter I and it says beginning January 1St, 2019 the training required by this section for supervising employees shall be completed by the new employee within ninety (90) days after the employment.The training by this section for non-supervising employees shall be completed within thirty (30) days of employment. Council Attorney Bob Palmer with offices on the 4th floor of the County-City Building, South Bend, IN, stated, In Section A, seasonal and temporary personnel are also included. Councilmember Oliver Davis stated, That was to be sure everyone has some type of training. I would like to thank the State Legislature for passing a similar bill. We could be one (1) of the first municipalities in Indiana to have something like this in Municipal Code. We, as City leaders,need to be at the forefront of these issues and relationships. I would like to thank Aladen DeRose, Bob Palmer and our Department of Human Resources. Kyra Clark, Director of Human Resources with offices on the 12th floor of the County-City Building, South Bend, IN, stated, I think we are all on the very same page. We want to create awareness on this very important issue. We are excited to help implement your vision. Councilmember Jake Teshka asked, Ms. Clark, were you able to see the second(2nd) substitute? Ms. Clark replied, Council Attorney Palmer sent it via email and I was reviewing it while Councilmember Davis was going through them. Councilmember Jo M. Broden asked, So those changes won't create too terrible a burden for you or your Department? Ms. Clark replied, I think it will probably be helpful to show a video which is something we are happy to do. We will able to make it work. Councilmember Jake Teshka stated, We got together after Committee and talked about this and we felt that perhaps the seasonal and temporary employees might actually be more vulnerable to this type of harassment than full or part-time employees. Even if it is just a video, we want to be sure they are aware that we take this seriously. I think that is why we wanted to amend this ordinance to read how it is now. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or opposition to this bill. Councilmember Karen White made a motion to send Substitute Bill No. 27-18 to the full Council with a favorable recommendation. Councilmember Regina Williams-Preston seconded this motion which carried by a voice vote of eight(8) ayes. 7 REGULAR MEETING June 25, 2018 RISE AND REPORT Councilmember Karen White made a motion to rise and report to full Council. Councilmember John Voorde seconded the motion which carried by a voice vote of eight(8) ayes. REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City building at 7:47 p.m. Council Vice President Oliver Davis presided with eight(8)members present. BILLS—THIRD READING BILL NO. 14-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Continued to the July 23rd, 2018 meeting of the Common Council. 23-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17, ARTICLE 2, DIVISION 3, SECTION 17-8 (f) TO REVISE LOCAL PRETREATMENT STANDARDS FOR THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)PERMIT Continued to the July 91h, 2018 meeting of the Common Council. 24-18 THIRD READING ON AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS, AND ARTICLE 7 GENERAL REGULATIONS TO REVISE OFF-STREET PARKING REGULATIONS Councilmember Karen White made a motion to adopt Bill No. 24-18. Councilmember Gavin Ferlic seconded this motion which carried by a roll call vote of eight(8) ayes. 27-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE TO ADD SECTION 2-131.1 TO REQUIRE PERIODIC SEXUAL HARASSMENT AWARENESS AND 8 REGULAR MEETING June 25, 2018 PREVENTION TRAINING FOR ALL CITY OF SOUTH BEND EMPLOYEES, ALL CITY OF SOUTH BEND ELECTED OFFICIALS, AND ALL CITY OF SOUTH BEND APPOINTED OFFICIALS Councilmember Gavin Ferlic made a motion to adopt Substitute Bill No. 27-18. Councilmember John Voorde seconded this motion which carried by a roll call vote of eight (8) ayes. RESOLUTIONS Councilmember John Voorde made a motion to hear together Bill No. 18-15 and 18-24 for purposes of public hearing. Councilmember Gavin Ferlic seconded this motion which carried by a voice vote of eight (8) ayes. BILL NO. I8-15 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 122 MILTON STREET 18-24 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 112 E INDIANA AVENUE Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee,reported that they met this afternoon and send these bills forward with favorable recommendations. 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 for these bills. Ms. Smith stated, These two (2)properties, both 122 Milton Street and 112 E. Indiana, have gone through the Area Board of Zoning Appeals. One (1) in April and Maw were when they came through for the special exception request. Both are properties that the petitioner is looking to continue using as duplexes. The ordinance allows up to a two (2)-family unit as a special exception in the Single- Family Districts and that is what they are seeking here.This(referencing a slide in the presentation available in the City Clerk's Office) is the property. And then the other property at 112 E. Indiana used to be a triplex at one (1) point but it has expired so they are coming through to get the appropriate approvals. 122 Milton Street came with no recommendation because the Area Board of Zoning Appeals had a split vote. There were some members of the Board that have been around for a really long time and remember a point and time when there was a lot of concern about duplexes. 112 E. Indiana comes to you with a favorable recommendation.These two(2)properties are immediately adjacent to Commercial in a neighborhood where a duplex is probably in an appropriate place as an affordable housing option. They have favorable staff recommendations. There was no one at the meeting to speak in favor of or in remonstrance to the legislation. Brian Horwitz, 2269 Chestnut Street, San Francisco, CA, served as the petitioner. Mr. Horwitz stated, I am here representing VH Investments. I am here for two (2) bills regarding 112 Indiana Street and 122 Milton Street and we seek to change the zoning from Single-Family to Two (2)- Family. 112 Indiana is currently vacant but appears to previously have been used as a duplex but it was incorrectly zoned Single-Family at some point. 122 Milton is currently a vacant Single- Family home that I would like to turn into a duplex. On page three (in a handout available in the City Clerk's Office)there are several empty lots near the properties so there is ample street parking. Many properties in this area have been removed in the adjacent lots due to property values being lower than the cost of the extensive repairs. Converting 122 Milton into a duplex would align with the City Plan. As displayed in page four (4), there is currently an occupied duplex at 119 Calvert 9 REGULAR MEETING June 25, 2018 and also an eight (8) unit building at 202 Calvert. Those are in the same neighborhood. VH Investment has extensive experience rehabbing dilapidated properties. We plan to hold these units as investment properties and use a professional property management company to manage the units correctly. I believe this will improve property values in the neighborhood and will make South Bend a nicer place to live. A lady named Cindy Hendrich with BC Holdings, she manages all of my properties at this time. At this point I plan to have her take care of everything for me. I am out here about once a month. I have about sixteen(16)total properties and they are all basically in this area. I do have some other properties but they are not in this State. Councilmember Jo M. Broden asked, Are your properties registered on the landlord registry? Mr. Horwitz replied, I actually didn't know that existed. Angela was just telling me about that today. I plan on registering. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or opposition to these bills. Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-15. Councilmember Karen White seconded this motion which carried by a roll call vote of eight (8) ayes. Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-24. Councilmember Jake Teshka seconded this motion which carried by a roll call vote of eight(8) ayes. 18-23 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 117 S WILLIAM STREET Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. 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 for these bills. Ms. Smith stated, This is a special exception for a commercial parking lot in an MU, Mixed-Use District. When we assumed Zoning Administration and were asked to comment on the City licensing and approval of this, we discovered that the proper approvals were never acquired for this property. So it had a house on it, it was removed, and then became paved and eventually a parking lot. It became a parking lot after the ordinance required it to go through the special exception process. It has been in operation for many years without the proper approvals through the Council. So we weren't able to sign off on it and they are now going through the process to get it approved. There were some variances approved by the Area Board of Zoning Appeals. There were two (2) conditions based on their favorable recommendation.The first being some kind of screening element along the south property line. There was a property owner of the house to the south and they had concerns about trash and debris. Then also along the east. That one(1) will need Board of Public Works approval before they can do that. Bernie Feeney, 715 S. Michigan Street, South Bend, IN, served as the petitioner for this bill. Mr. Feeney stated, I'm here on behalf of Coin Investments,the owners of the parking lot. This used to be the Disabled Vets building on William Street. That was torn down in the early 2000s. The property was first sold in 2003 by the disabled veterans. In 2006 it was picked up by the Coins and has been operated continuously by the Coins as a paid parking lot. They operate a number of paid parking lots throughout town and this is one(1)of their properties. They were completely unaware of any requirements but are willing to comply with the process. They have gone through the Area Board of Zoning Appeals. In speaking with the owner he is more than happy to comply with the conditions. Councilmember Jake Teshka asked, Are the commitments to add screening in writing? 10 REGULAR MEETING June 25, 2018 Mr. Feeney replied, I think the approval of the Board of Zoning Appeals was subject to the screening. The owner is going to comply with that requirement. Councilmember Jo M. Broden asked, Are the other properties that are owned by the owners in compliance? Mr. Feeney replied, To the best of my knowledge, yes. 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. 18-23, subject to the written commitments. Councilmember Regina Williams-Preston seconded this motion which carried by a roll call vote of eight(8) ayes. BILLS ON FIRST READING BILL NO. 28-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2018 Councilmember Gavin Ferlic made a motion to send Bill No. 28-18 to the Personnel and Finance Committee and set it for Second Reading and Public Hearing on July 9th, 2018. Councilmember Karen White seconded the motion which carried by a voice vote of eight(8) ayes. 29-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2018 OF $304,000 FROM GENERAL FUND (#101), ($135,887) FROM PARKS & RECREATION FUND (#201), $6,000 FROM MOTOR VEHICLE HIGHWAY FUND (#202), $123,769 FROM RECREATION NONREVERTING (#203), ($2,733) FROM GIFT DONATION BEQUEST FUND (4217), $25,425 FROM LIABILITY INSURANCE PREMIUM RESERVE (#226), $330,000 FROM LOCAL ROADS & STREETS (#251), $100,000 FROM LOIT 2016 SPECIAL DISTRIBUTION (#257), $595,304 FROM 2017 PARKS BOND DEBT SERVICE (#312), ($626,302) FROM HALL OF FAME DEBT SERVICE (#313), $275,000 COUNTY OPTION INCOME TAX (#401), $25,000 FROM PARK NONREVERTING CAPITAL (#405), $146,250 FROM ECONOMIC DEVELOPMENT INCOME TAX (#408), $74,600 FROM MORRIS CAPITAL IMPROVEMENT 11 REGULAR MEETING June 25, 2018 (#416), AND $1,867,115 FROM EQUIPMENTNEHICLE LEASING (#750). Councilmember Gavin Ferlic made a motion to send Bill No. 29-18 to the Personnel and Finance Committee and set it for Second Reading and Public Hearing on July 9th, 2018. Councilmember Jake Teshka seconded the motion which carried by a voice vote of eight(8) ayes. 30-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2018 OF $311,276 FROM EMS CAPITAL FUND (#287), $219,930 FROM SEWAGE WORKS OPERATING (#641), $150 FROM 2011 SEWER BOND (#659), AND $7,500 FROM 2012 SEWER BOND (#661). Councilmember Gavin Ferlic made a motion to send Bill No. 30-18 to the Personnel and Finance Committee and set it for Second Reading and Public Hearing on July 9th, 2018. Councilmember Sharon L. McBride seconded the motion which carried by a voice vote of eight(8) ayes. UNFINISHED BUSINESS BILL NO. 18-26 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 1235 W NAPIER Councilmember John Voorde made a motion to send Bill No. 18-26 to the Zoning and Annexation Committee and set it for Second Reading and Public Hearing on July 9th, 2018. Councilmember Karen White seconded the motion which carried by a voice vote of eight(8) ayes. NEW BUSINESS Councilmember John Voorde stated, the 4H Fair starts Thursday. Councilmember Jo M. Broden stated, The Solid Waste Management District met today and there is currently only one (1) responsive bid submission for the recycling component so that is being reviewed. Basically the cost increases could be between twenty to twenty-nine percent (20% - 29%). There will be some coverage in the paper but I just wanted to get you all up to date. I want to figure out what the benefit is going to be with that increased cost. There was an earlier amendment that was made when we were trying to get the Household Hazardous Waste Program equitably funded across everyone throughout the County. We were trying to bring in additional units of government to help shoulder that service across everyone. All of the municipalities that weren't participating, all but two (2) declined to participate. Mishawaka is coming in with a Household Hazardous Waste satellite site in lieu of the eleven dollar ($11) per person residential fee on the tax rolls. And then the town of Lakeville had made an offer to do it at the eleven dollar ($11) rate as well. There was a July 1St deadline associated with anybody who didn't onboard that they would have to be turned away from depositing household hazardous waste. So in the interest of still trying to keep that out of our streams and alleyways, the Board voted today to extend that cutoff date at least until December 31St. We are still trying to work it out. 12 REGULAR MEETING June 25, 2018 Councilmember Oliver Davis stated, TRANSPO has hired a company that will be helping to hire a new General Manger. We just bidded that out and you will be hearing about that coming up. That will take anywhere from sixty(60)to ninety(90) days. So we are in June and hopefully by Augus and September we could be nailing it down. In terms of writing a letter, Council Attorney Palmer and I are going to work together. Instead of bringing it to resolution, for those of you that would like to write a letter to our congressional delegation regarding what is going on in Texas and all of that, if you want to put together a letter we are going to send them separately. It could be the same letter. If you don't want to send it,that is up to you. If you want to send it, you can. If you want to help us craft something and put something together, that would be great. It has been an ever changing flow of issues. I do know that in some parts of the State there are some big rallies. We also have gotten some emails regarding AEP and the Sierra Club. Doctor Varner and I sponsored a resolution on that a couple years ago and so I saw the emails and, sorry, I wanted to send them back to the new people regarding what we did. I think it would be good to highlight what we did for us and also to share back with all of those who are interested. I don't know whatever happened and I didn't hear any follow up from that. I think the amount of time it took to craft, I thought it helped bring South Bend into the forefront. I will get an email out regarding what we've already done. PRIVILEGE OF THE FLOOR Gojiaik Ephraim, 50655 Tarrington Way, Granger, IN, stated, I would like to propose municipal broadband for South Bend, Indiana. As you are well aware, FCC Chairman Ajit Pai spearheaded the repeal of the Obama Administration's Net Neutrality rulings. That took effect on June 11'l`. Why that would be important for St. Joseph County, let's look at the fact. Three (3)out of four(4) Americans only have one (1) choice of broadband provider. This is due to a 2002 FCC ruling that high speed internet would be classified as an information service which is unregulated instead of a telecommunications service which is regulated. That was in hope the market would take care of itself but it didn't. Americans pay at least twice as much for high speed internet as many European and east World countries and we have much slower speeds. This is because ISPs, or Internet Service Providers,such as AT&T,Comcast and Verizon have virtually no competition.As a result, the US is at least ninth(9b) in broadband and forty-sixth (4601) in mobile speeds and I believe we can do better. Other municipalities, there are at least eighty-two (82) of them, have municipal broadband. One (1) is Chattanooga, Tennessee. In 1999 they instituted ERB to provide municipal broadband as competitor services rose. They feared they didn't have an image and it worked. I believe we can do that. Carolyn Eveaz, 1434 Marigold Way, South Bend,IN, stated, I am here today with members of the Indivisible Environment Team: Repower Indiana and we are concerned. We hopeful residents of the City of South Bend ask for your leadership as Indiana/Michigan Power, our local utility, prepares its twenty (20) year energy plan this year. This plan, known formally as an Integrated Resource Plan(IRP), is very important as it determines what energy resources I&M will utilize to meet customer demand over the next twenty (20) years. It is especially important because the utility has indicated the plans to end the lease of Rockport Unit two (2) when it expires in 2022 and retire Rockport Unit one (1) by 2028. I&M must decide what energy sources will replace power from the Rockport Plants which accounts for nearly half of the utility's current generation. In just ten (10) years, it is likely that I&M customers won't be getting electricity from Rockport. That presents a once in a lifetime opportunity for I&M to invest in solar, wind, battery storage and efficiency communities like Fort Wayne, South Bend, Muncie and Marion. We appreciate the commitments that, in steps,the City has taken to address climate change to protect our community through an equitable rate increase, and also appreciate the additional steps the City has taken including passing the resolution of the South Bend Common Council in support of a reasonable transition to clean our source of energy for South Bend. The Mayor joins the Global Covenant of Mayors for climate and energy measures to measure greenhouse gas emissions and create a community-wide plan to reduce emissions. He also joined the Mayors for one hundred percent (100%) Clean Energy campaign which pledges support for community-wide transition to one hundred percent (100%) renewable. Since South Bend's climate success hinges upon its energy supplier,we hope to learn more how the City will meet these goals and how being involved in the integrated resource planning process can ensure our utility's generation goals match that of our City. Because I&M have announced those plans to phase out Rockport,we would like to see robust 13 I REGULAR MEETING June 25, 2018 participation from the City in the IRP process this year,to ensure the portfolio that I&M generates reflects the City's commitments toward one hundred percent (100%) renewable energy. We respectfully request you all sign strong public statements that urge I&M to develop a twenty (20) year energy plan that phases out the AEP Rockport Coal Plants and involves communities planning a timely, equitable and affordable transition to renewable energy and energy efficiency. This will help create jobs of the future as well as reduce pollution in our States. Kelly Bedune, 19553 Darden Road, South Bend, IN, stated, I really appreciate Mr. Davis has always spoken to the fact that you've done work with this. We do appreciate your 2016 resolution. We want an individual signature from each of you. We actually have members here to approach each of you and if you could just sign tonight what we hope you have already read. We want to add your signatures to the signatures already gathered from Fort Wayne and Muncie elected officials. On August lst,2018, I&M will be here in town at their Lathrop Road facility to continue their IRP Workshops. That is when we want to present to them. There is a danger they are going to replace the Rockport Coal plant with a Natural Gas plant. It is still a finite resource. It is hazardous to extract and export. It is a popular and cheap resource but it is not cheaper than the sun or the wind. We would like to see I&M invest their money in wind and solar farms, not a big and expensive natural gas plant. Renewable energy is the future and the time is now. They need to go with full renewable. We hope you all sign this pledge we approach you with once you adjourn. ADJOURNMENT There being no further business to come before the Council Vice President Oliver Davis adjourned the meeting at 8:24 p.m. 14