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HomeMy WebLinkAbout08-13-18 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 August 13, 2018 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: TI COTT 1 '14 p �v TES AKA' APPROVED BY THE COMMON COUNCIL ON: August 27, 2018 ATTEST: /_' .1 - REEMAII O LER, CITY CLERK REGULAR MEETING August 13, 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, August 13th, 2018 at 7:00 .mm. The meeting was called to order by Council President Tim Scott and the Invocation(Rev. Linda Greer,Christian Center Church) and Pledge to the Flag were given. ROLL CALL COUNCIL MEMBERS PRESENT: Tim Scott I"District, President Regina Williams-Preston 2nd District Sharon L. McBride 3`d District Jo M. Broden 41h 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 OTHERS PRESENT: Kareemah Fowler City Clerk Jennifer Coffman Chief Deputy 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 Councilmember Oliver Davis made a motion that the minutes of the July 23`d, 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 There was no special business. REPORTS OF CITY OFFICES Representing the City Administration: Pete Buttigieg, Mayor of the City of South Bend Mayor Pete Buttigieg approached the podium to present to the Council and public the City Report. Mayor Buttigieg stated that he intended to address updates on the South Shore Line.He stated that, at the previous meeting at which he spoke on the subject, there had been investigation into an opportunity to reorient the train's approach to the South Bend International Airport from the east side to the west side. The economic analysis that was commissioned looked at several alternatives: a site co-located with the current Amtrak station, a site close to the property of Honeywell, a site currently under development by the South Bend Chocolate Company, and a downtown site close to the South Street Station. He stated that the Administration had been able to have conversations 1 REGULAR MEETING August 13, 2018 with stakeholders like NICTD and the South Bend Airport, representatives of which were present at the meeting, but hoped to communicate the Administration's conclusions on this matter to the Council and public. Mayor Buttigieg stated that the economic numbers made certain options easy to fall away—such as the South Bend Chocolate Factory station or the Amtrak station options. Of the viable options, the Administration was most excited for downtown train access,as it provides the best opportunity for a return on investment of all options presented. Despite being two (2) miles further into town, this option would provide the same travel time as going to the airport. Any of the options would be contingent upon the double-tracking plan going forward as intended, with a projected completion date of 2020. This would bring the travel time to one (1) hour and twenty-two (22) minutes. Mayor Buttigieg stated, The question is what would it take to get those other twelve (12) minutes to get to the hour and a half(1 1/2 hour)figure that many consider kind of a magic number for a step change, and people's willingness to use it as a regular commuting option. The station project is expensive but not extreme, by train station standards. $100,000,000 is greater than the original $25,000,000 of City contributions, but with a combination of what the City can do itself, federal funding, and creativity, $100,000,000 is achievable. Mayor Buttigieg asked,rhetorically,what South Bend could accomplish by 2025.Mayor Buttigieg stated, You could picture a world in 2025 where, let's say a worker in one (1) of our new tech companies is married to a faculty member who works in Chicago and gets off the train and maybe goes to their home in one(1)of their housing developments that's taking shape around Four Winds Field. Or you have'a young child living in public housing on Monroe Circle who is able to go with a school group to take advantage of a free museum day at the Field Museum or Museum of Science and Industry in Chicago and take advantage of the educational opportunity. Or, really, anybody with enough money to get on the TRANSPO bus can get to one (1) stop away from one (1) of the global economic centers in our country today. It's a compelling picture. So, we are very excited about developing next steps to see if that picture can become a reality. Mayor Buttigieg explained that though the Administration is confident and optimistic about achieving in making these hypothetical visions a reality, there are lingering questions such as whether or not there will be any increase in the price tag for this project, or whether or not it is economically viable for the City of South Bend. He stated, This deserves a really thorough look if we're going to commit these kinds of once-in-a-generation resources to this. Regarding the assembly of funding for the project, Mayor Buttigieg stated, I am prepared to say to the Common Council that I believe this level of funding is conceivable, but I am not prepared to show you the line item roster of how we got that funding stacked up. He stated, I think we know enough to do the work to answer some of those questions I've just posed. ...We need to get to the answers to these questions for the downtown options even as we're answering the questions that might change the right answer before a shovel goes into the ground, whether we are talking about some of the other possibilities that are over the horizon at the airport or some of the other possibilities that were floated in the course of the study. Mayor Buttigieg explained that he was providing the City Administration's perspective on this matter but the City is not the owner of the South Shore—NICTD is—but a partner committed to providing substantial municipal resources to this project. He stated, We are ready to back, potentially with game-changing resources, certain outcomes, but we cannot go down a path that does not make sense in the eyes of the people who do the day-in day-out work at the South Shore. The airport is a partner in this conversation,right now, and there are a number of other community partners, including in particular inter-governmental partners all the way up to the federal government, without whose support it is not obvious that we could find the funding to do this at all. Mayor Buttigieg stated, So,that is the City Administration's perspective. We are excited about the possibilities but we want to be honest about the questions that remain, and what we would like to do is begin down the path not just to the economic work that has already been done, but the concrete engineering work that will inform the answers to those questions, which we believe that we can get through the engagement of professional services over the course of the coming months so that we can get this right, even while other questions are being asked and answered around the community. I would like to ask now if the Council would indulge representation from the South 2 REGULAR MEETING Auizust 13, 2018 Shore to share what is the South Shore perspective, and then the airport, which obviously is a big stakeholder here, as well. Mike Noland, President of the South Shore Line, approached the podium to address the Council and public. Mr. Noland stated that ultimately the South Shore prefers a downtown station option in addition to an option on the west side of the South Bend International Airport.Mr.Noland stated that the goal for the length of the commute was ninety (90) minutes which, like the Mayor, he viewed as a magic timeframe. He explained that the commute from Michigan City is currently at approximately ninety-five (95) minutes and that some four-hundred (400) people a day commute to Chicago and back for a forty percent (40%) premium to their income in comparison to what they would earn locally. Mr.Noland stated that the South Shore has been pleased to have received as much community input as they have had and declared that the South Shore is happy to be a partner with the City of South Bend. Mike Daigle, Executive Director of the South Bend International Airport, 4477 Progress Drive, South Bend, IN, approached the podium to address the Council and public. Mr. Daigle stated that if the South Shore service can be moved to the west side of the airport, the tracks can do double- duty by allowing for the transport of people and as well as, internationally, cargo. Mr. Daigle stated, The airport is now working with the County to develop what we call a "comprehensive international cargo development plan." This plan, if it comes to fruition, can provide many new jobs for our region, and the economic development could be massive for us also. As initial evaluation shows...the possible economic impact to the City and our region is in excess of $400,000,000 a year. Mr. Daigle stated that this was a preliminary figure and that the matter needs to be studied further and that the plan needs to be continued and economically assessed. Mayor Buttigieg returned to the podium to thank the South Shore and the airport and to emphasize that the County's partnership has been indispensable throughout this process. Councilmember Tim Scott opened the floor for questioning by members of the Common Council, limiting the number of questions per Councilmember to two (2). Councilmember Regina Williams-Preston asked, What kinds of plans do you have in terms of engagement with community members? What are your thoughts on opportunities to have that soon? Mayor Buttigieg responded that Common Council meetings are a great forum for community input. He stated, The other thing that begins to happen as we move from an economic question- and-answer project—like what the bulk of the AECOM was—and more of a direct engineering and design outlook, is that you begin to approach the environmental process, which has a lot of preset features that require a certain level of opportunity for public comment and public input.That would also be, naturally, a part of the process required'of us if we received federal funds which, again, it is clear to me how we can do this without those. Councilmember Williams-Preston stated that she appreciated that the Administration has emphasized equity as an important consideration of this process, stating that one of the recommendations of a recently conducted racial wealth gap study was to filter every single economic development decision through the lens of equity. Councilmember Sharon McBride deferred questioning to the next Councilmember. Councilmember Jo M. Broden yielded her allotted questions to Councilmember Oliver Davis. Councilmember Jake Teshka yielded his allotted questions to Councilmember Oliver Davis. Councilmember Tim Scott stated that he would like to see the study for the international cargo plan referenced by Mr. Daigle that mentioned a$400,000,000 economic impact. Councilmember Scott stated that he has seen St. Louis do similar things, stating that he did not feel that it has worked well for them but also that he would like to understand the matter further. Councilmember Scott yielded his allotted questions to Councilmember Oliver Davis. Councilmember Oliver Davis asked Mike Daigle what sort of effort he had put toward making contact with the Council for their input. 3 REGULAR MEETING August 13, 2018 Mr. Daigle responded that as this plan is in the initial stages, neither the City or County Councils have been contacted. He stated that the majority of the plan should be completed by the end of the year. An economic analysis and cost-benefit ratio could then be drawn up which would allow for further discussion with the City and County Councils. Councilmember Davis asked if a meeting could be set up to meet with the Council within the next few weeks. Mr. Daigle stated that he would be happy to meet with anyone from the Council in the next few weeks. Councilmember Davis asked Mike Noland what his role in reaching out to the City Council has been. Mr. Noland stated that stakeholder input had been put on hold while the City looked into more options for the project. Councilmember Davis asked, In my understanding...you said that you want to either still use our west side option...? Mr.Noland stated that an environmental study of the area west of Ardmore had been done in 2008. Funding had been assembled for the study but not to construct the project. Mr. Noland stated, We came back around this time but with a number of changes that we thought would preclude that, so initially we didn't take a look at it. We think it's viable again and has less disruption, so we would put it back on the plate. Once we start the environmental process, we expect to be engaged with the community, with the Council, with the City,with the airport, with the County, as well. Councilmember Davis asked if airport representatives could meet with the Council in the next few weeks. Mr. Noland stated that he would love to do so. Councilmember Davis asked Council Attorney Bob Palmer if the Council would effectively be the last in line to approve the budget for this project, to which Mr. Palmer responded yes. Councilmember Davis expressed concern that if that is the case, on the occasion that the Council rejects a proposed budget for the South Shore project, the whole process would have to restart again. Mr. Palmer stated that asking for meetings prior to any budget hearings would go a long way toward helping avoid that. Councilmember Davis recommended that every party relevant to the South Shore project should convene for a meeting with the Council at the same time during the 2019 budget process and Councilmember Tim Scott stated that he would help facilitate that. Councilmember John Voorde stated that he is favor of a downtown option but is especially in favor of development on the west side of the airport and the industrial possibilities it could bring. Councilmember Gavin Ferlic thanked the presenters and stated that he is excited about the possibility of a downtown station. Councilmember Karen White asked Mayor Buttigieg if he could provide for the Council the list of lingering questions he referenced earlier in the evening and the answers to those questions as they are discovered. Mayor Buttigieg agreed to do so. Councilmember White asked that the results of any study be forwarded to the Council as well to help inform their decisions in the future. Councilmember White stated that she was having trouble wrapping her mind around the increase of the projected municipal contribution from $25,000,000 to $100,000,000,adding that every citizen of the City needs to have a say-so in this matter and that there needs to be greater transparency going forward. Councilmember Williams-Preston stated that there is a need for greater discussion regarding the possibility of the Honeywell station location, as it could potentially open access to several important economic corridors including Western Avenue and the Lincoln Way corridor. She stated, I really want to have a robust discussion about what that would mean for economic impact 4 REGULAR MEETING August 13, 2018 and spreading those opportunities...to other parts of the community. So, I would like to make sure that we haven't completely scratched off that Honeywell site. Councilmember Teshka stated, Mr. Mayor, with all due respect, your presentation aroused some frustration. What I have heard a lot since coming on board is, "The City wants this and the Council wants this," and I am looking around and saying, "Aren't we the City? Aren't these people out here the City?" So, I think words matter. I think what that does is sometimes create an adversarial relationship and I don't want that. I don't think Oliver wants that or President Scott wants that. So, I think we can all do a better job of talking more about"we" and less about what you want versus what we want. Councilmember Scott stated that he will help to facilitate Councilmember Davis's request for a more detailed discussion on the project, agreeing that it is needed, and thanked the presenters for their attendance. Councilmember Karen White made a motion to suspended the rules and hear resolutions prior to resolving into the Committee of the Whole. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine(9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 8:35 p.m. Councilmember Karen White made a motion to resolve into the Committee of the Whole. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Gavin Ferlic, Chairperson, presiding. Councilmember Gavin Ferlic explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. PUBLIC HEARINGS BILL NO. 26-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR 24632, 24650, 24700, 24762, 24810, 24820 US HIGHWAY 20 AND 54270 PINE ROAD, SOUTH BEND, INDIANA Councilmember Oliver Davis, chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Angela Smith, the Area Plan Commission, with offices on the I I th Floor of the County-City Building, South Bend, IN,served as the presenter of this bill.Ms. Smith stated,The petition before you this evening is a combined ordinance requesting an annexation and a rezoning for the property highlighted here in red. Currently,the property is a mixture of Light Industrial in the City and then M, Manufacturing, and C, Commercial in the county. As you will see here, the surrounding properties are within the county. We have a mixture of R, Single-Family District and M, Manufacturing around the property. The site is a large project that takes up and encompasses the intersection there at the bypass on Lincoln Way. As we heard earlier this evening, a lot of people seem to be really excited about the wide variety of uses, but PUD's are not usually a format we use. The combination of uses here is not something that can be found in any single zoning district. The PUD has two (2) main districts: the core district and the agricultural district. The core is intended to have the characteristic of an Old World village with uses such as the chocolate factory, a dinosaur museum, restaurants, retails, and other kinds of commercial activity. The agricultural 5 REGULAR MEETING August 13, 2018 district is intended to highlight the natural and agricultural amenities, and they include such things as vineyards, buffalo paddocks,petting barns,tobogganing hills, and other attractions that may be a part of the larger vision for the development. There are some existing written commitments on the property that have to do with a traffic study, which is common for a project of this size. This comes to you from the Area Plan Commission with a favorable recommendation. Utilizing the planning and development will allow for a large mixture of uses at this site and a development that will generate a lot of attraction for the City of South Bend. Brian McMorrow, Abonmarche Consultants, 750 Lincoln Way East, South Bend, IN, served on behalf of the petitioner of this bill. Mr. McMorrow stated, We were retained by SBCC Development Corp,the South Bend Chocolate Company entity set up for real estate development, led by Mark Tamer. Mark has big plans and big visions for this eighty(80) acre piece of property. South Bend isn't big enough in its current configuration, so we need to annex in about thirteen (13) more acres to make it happen. 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 Bill No. 26-18 to the full Council with a favorable recommendation. Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9) ayes. 33-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARKS STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE CIVIL RIGHTS HERITAGE CENTER FORMERLY THE ENGMAN NATATORIUM, AND LOCATED AT 1040 WEST WASHINGTON STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Adam Toering, the Department of Community Investment, with offices on the 14th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Mr. Toering stated, I am here to present to you a landmark for the Civil Rights Heritage Center. The structure was built in 1922 and is a neoclassical design building by Walter W. Schneider, who was a local architect. Landmarking was previously investigated by the Commission as well as the community in the late 1990's and then again revisited in 2003. It was not pursued at that time. The current owner, the South Bend Heritage Foundation, supports this...and they are committed to actively preserving and protecting the historic fabric of our community. Local landmarks are sold and bought regularly, so that is not an impediment to the process of this structure or the future use of this structure. Georger Garner, 112 Franklin Place, South Bend, IN, served as the presenter of this bill. Mr. Garner stated, It is hard to underestimate the importance of the former Engman Public Natatorium in the historic record of the City of South Bend. Between 1922 and 1936,those who were allowed to come into the building did so by passing under the word"public" carved into the concrete at the front of the building. In spite of the fact that African-Americans had always been in the City and at this time were moving into the City in record numbers,between 1922 and 1936,the Natatorium's caretakers—all of whom were white—denied entry to African-Americans. As a City-owned and - operated supposedly public pool, this became one (1) of several places of activity where we as a City began choosing what kind of City we want to be. Are we one (1) that wishes to believe that word"public" is one (1)that includes every human being? Or are we one (1)that believes that it's 6 REGULAR MEETING August 13, 2018 okay for some to selectively determine who that word "public" gets ascribed to? Leaders in the City,both white and of color,chose to work together and risk their livelihoods to make South Bend a place where that word "public" is ascribed to all human beings. Today, reborn as the home of the Indiana University South Bend Civil Rights Heritage Center, an educational institution dedicated to the study and preservation of the history of civil rights and the experiences of marginalized and oppressed peoples in the City, we have no immediate threats of the building being lost. Still, we believe that the former Natatorium's role in the history of the City is one (1) that must be protected. Before IU South Bend came into the picture, in 1999 the City of South Bend set aside funds to study the feasibility of the Natatorium's demolition. Fortunately, we had neighbors and protectors, including some of the Historic Preservation Commission, who avoided its destruction. Though I have zero expectation that that could or would ever happen again, I want to add layers of protection to help ensure that it won't. The history of the Natatorium is too pivotal and the need for its story today is too great for it to again be threatened. That is why I come here today to wholeheartedly endorse local landmark status for the Engman Natatorium,a building that today we can truly say is public. Darryl Heller, 835 West Colfax Street, South Bend, IN, served as the presenter of this bill. Mr. Heller stated, I have had the honor and pleasure of serving as the director of the IU South Bend Civil Rights Heritage Center for the last three (3) plus years, and also have had the pleasure of seeing many of you come to events that we have put on there. This building, which was once a space of exclusion and segregation, is now a place that is inclusive of everyone. We can look at the history of the former Engman Public Natatorium that was a place where African-Americans couldn't walk through the front door at one(1)time,much less enjoy the public facility that it was. But it now serves as a community hub to fight for and support the ongoing struggle for civil rights and social justice. That's what we do. So, I urge you to bestow landmark status on the Civil Rights Heritage Center as recognition that the past doesn't have to be our future. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those from the public wishing to speak in favor of this bill: Jason Banicki-Critchlow, 3822 West Ford Street, South Bend, IN, stated that it is important to have symbolic landmarks of this sort to spread discussion. Samuel Brown, 222 East Navarre Street, South Bend, IN, stated that this needs to be done and put on record so that we can see where we came from and where we are now. Pam Blair, 913 East Washington Street, South Bend, IN, stated that she runs the Poetry Den that meets every fourth(4th) Sunday of the month at the Civil Rights Heritage Center and stated,I speak on the behalf of the Poetry Den when I say we are very much in support of the Civil Rights Heritage Center being recognized as a historical site. There were none from the public wishing to speak in opposition to this bill. Councilmember Oliver Davis stated, This is a great honor for us to vote on this tonight. Councilmember Davis thanked those involved in bring forth the petition and expressed admiration for everyone's enthusiasm. He extended thanks to Councilmember Karen White for her role in this effort, as well. Councilmember Karen White thanked Councilmember Davis. Councilmember White stated, Someone indicated to me that I am a persistent, quiet pusher. I can recall in 1999, as a member of the South Bend Common Council,as a member of the Indiana University South Bend community, that a group of us began to work with not only the Mayor at that time, Mayor Steve Luecke, but with local citizens and members of the South Bend Heritage Foundation to begin to identify resources to renovate, at that time, the Natatorium. Councilmember White stated that there was a lot of discussion surroundeding whether those resources would be put to good use restoring the Natatorium, but she contended that it was the right choice then and, if the choice were presented today, it would be the right choice now. Councilmember Tim Scott stated that he would love to be able to see the original members of the Board themselves see what the Natatorium has become. REGULAR MEETING August 13, 2018 Councilmember Regina Williams-Preston expressed thanks for the history lesson and stated, I believe that we're moving to this place, at this time, with this designation, largely because of what the two (2) of you gentlemen—George Garner, Darryl Heller—have done to really make the Civil Rights Heritage Center what it is today. Councilmember Tim Scott made a motion to send Bill No. 33-18 to the full Council with a favorable recommendation. Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Tim Scott made a motion to rise and report to full Council. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City building at 8:55 p.m. Council President Tim Scott presided with nine (9) members present. BILLS –THIRD READING BILL NO. 26-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR 24632, 24650, 24700, 24762, 24810, 24820 US HIGHWAY 20 AND 54270 PINE ROAD, SOUTH BEND, INDIANA Councilmember Gavin Ferlic made a motion to pass Bill No. 26-18. Councilmember John Voorde seconded the motion which carried by a roll call vote of nine (9) ayes. 33-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARKS STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE CIVIL RIGHTS HERITAGE CENTER FORMERLY THE ENGMAN NATATORIUM, AND LOCATED AT 1040 WEST WASHINGTON STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Gavin Ferlic made a motion to pass Bill No. 33-18. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 8 REGULAR MEETING August 13, 2018 RESOLUTIONS BILL NO. 18-34 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 719 AND 721 W. REX 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, the Area Plan Commission, with offices on the 11th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Ms. Smith stated, Before you this evening is a portion of a project that's looking at a housing development along Portage Avenue. The majority of the project is zoned MU, Mixed-Use District.There are two (2) lots on Rex Street, however, zoned Single-Family District. Within that district they would like to seek a special exception use to allow those two(2)lots as a parking lot for the larger project. This will help retain the underlying zoning district for the lots and help support the project's development, moving forward. Kathy Schuth, Near Northwest Neighborhood, 1007 Portage Avenue, South Bend, IN, served as the petitioner of this bill. Ms. Schuth stated,This is a project that has been a long time coming and it's a true partnership between the County,City,and neighborhood investors in the Near Northwest Neighborhood. We have been trying to get this through to receive State-level low-income housing tax credits. This is our sixth(6th)attempt at doing so and we feel like we have really created a great project here. What we are specifically asking for is a special use on two (2) residential properties that would become a parking lot area, and that is kind of right in the middle of that plan that you see on the screen. What we are hoping to do, of course, is move ahead with the project. It would be a combination between two (2) buildings of seventy-six (76) low-income apartment units. The majority of that would be in the building on the left...which has been vacant and abandoned for nine (9) years and, frankly, poorly maintained for a period of years prior to that. Most of the roof structure on that building is gone, however the street fagade remains pretty decent. It's a blighted structure in the neighborhood and we have not discovered other beneficial ways of moving forward with it due to the cost of rehab on that project. We have partnered with the City to enter into an agreement to utilize vacant land to the south and we would be proposing a three (3) story new construction building on that property. The property that we are proposing on the two (2) Rex properties is not required by this project,however we think it would be a true benefit to the project bringing the allowable parking to about one-and-a-half(1 '/2) spaces per apartment unit. We think that is appropriate for this size and in an urban environment. The reason why we did not go for a rezoning is that if this project fails we do not want this to become a commercial type property or mixed-use property. We would like it to revert to a residential use. Councilmember Oliver Davis asked what could be added to this project to entice those State-level low-income tax credits. Ms. Schuth responded,I would say,timing-wise,that we have actually put in the application, so it would be difficult to add anything to the application at this point. Tim Scott has been able to offer support.The Mayor has offered support and,actually,we have received support from both Senator Donnelly's office,Representative Walorski's office... So,we have been able to receive support at all levels,which is really helpful. I will say one (1) thing I think that would really make this shine is if there is the potential for making a transportation hub at this site. There is a bus stop already. It is the sort of place where would like to see a covered bus stop, since we are adding more density to that area that that could, especially with the NNN across the street, become a hub. 9 REGULAR MEETING August 13, 2018 Councilmember Davis asked if it would be too late to get a letter from Transpo, to which Ms. Schuth responded that it would be too late to add to the application. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or opposition to this bill. Councilmember Oliver Davis made a motion to adopt Bill No. 18-34.Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 18-36 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (SOUTH BEND CHOCOLATE ANNEXATION AREA) 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. Michael Divita, the Department of Community Investment, with offices on the 14th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Mr. Divita stated, This fiscal plan is for a 13.2 acre annexation requested by the property owner of four (4) properties along Lincoln Way West, near Olive Road, west of the bypass. As we have discussed, the annexation area is a small portion of the overall South Bend Chocolate project area proposed to have the new South Bend Chocolate Factory and other industrial-agricultural uses. No capital improvements are planned, but...water is already available on both US-20 and Pine Road. The City has previously committed to extending sewer to this area, as well. The adjacent portion to US-20 will continue to be maintained by INDOT. So, the annexation area will be added to the Common Council's 1" District and will be served by Police beat twenty four (24), Fire Station Eleven(11), which is on Bendix Drive, Emergency Medic Four (4), and Code Enforcement Area Eight (8)—with these and other non-capital services in place within one (1) year, following the effective day of annexation with response times comparable to other areas of the City. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or opposition to this bill. Councilmember Karen White made a motion to adopt Bill No. 18-36. Councilmember Gavin Ferlic seconded the motion which carried by a roll call vote of nine (9) ayes. 18-37 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 2 US 31 INDUSTRIAL PARK PHASE II AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR(4) YEAR REAL PROPERTY TAX ABATEMENT FOR REW, LLC Councilmember Oliver Davis made a motion to accept Substitute Bill 18-37. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. 10 REGULAR MEETING August 13, 2018 Councilmember Gavin Ferlic, chair of the Community Investment Committee, reported that they met this afternoon and send this bill forward with no recommendation due to the absence of a presenter. Dan Buckenmeyer, the Department of Community Investment, with offices on the 14th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill. Mr. Buckenmeyer stated that he was present to request Council approval for an Economic Revitalization Area, otherwise known as a tax abatement, for 5870 West Carbonmill Drive. He stated that a company called Shambaugh & Son is looking to come in and build a new headquarters facility on the property, with about $2,000,000 in investments in the building, 13,500 split between office and warehouse space. They will be consolidating some out-of-town and in-town businesses into this single location. They will relocate eighty-six (86) local jobs that were not formally in South Bend and create twenty-five (25) new permanent, full-time jobs within the next three (3) years with a salary range from $35,000 to $110,000 per year for the twenty-five (25) new jobs. It would be a four (4) year phase-in abatement, at 100% to 90% to 80% to 70% over the four (4) years of the abatement. The estimated total taxes would be $144,000 over the four (4)years, with$110,000 of that abated, with Shambaugh & Son paying $34,000 in taxes ramping up to the full amount following the abatement period. Richard Doolittle, 4100 Edison Lakes Parkway, Mishawaka, IN, served as the petitioner of this bill. Mr. Doolittle stated that Shambaugh & Son is located in South Bend and Mishawaka, with approximately thirty-five (35) employees in-house (earning between $30,000 and $110,000) and approximately fifty-five (55) to sixty (60) employees outside in the field, all of which are union labor making union wage. 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. 18-37. Councilmember John Voorde seconded the motion which carried by a roll call vote of nine(9) ayes. 18-39 A RESOLUTION BY THE SOUTH BEND COMMON COUNCIL CALLING ON UNITED STATES PRESIDENT DONALD TRUMP AND THE INDIANA ONGRESSIONAL/SENATORIAL DELEGATION WHO REPRESENT OUR AREA TO WORK WITH HONEYWELL TO STOP OFFSHORING JOBS AND ABANDONING COMMITMENTS MADE TO RETIREES Councilmember Regina Williams-Preston,chair of the Community Relations Committee,reported that they met this afternoon and send this bill forward with no recommendation. Councilmember Gavin Ferlic made a motion to accept 2"d Substitute Bill No. 18-39. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Regina Williams-Preston, 838 North Elmer Street, South Bend, IN, served as the presenter of this bill along with Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN; Councilmember John Voorde, 1029 Claremont Drive, South Bend, IN; Councilmember Sharon McBride, 415 Broadway Street, South Bend, IN. The presenters read the text of the resolution for the Council and public. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those from the public wishing to speak in favor of this bill: Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, Whatever we can do as a community to stand behind these people and help them—please organize our community to do so. 11 REGULAR MEETING August 13, 2018 Thomas Zmyslo, Sr., 51042 Prairie View Way, South Bend, IN, stated, We were supposed to be looking at an administration that made this America First and it was supposed to be making America better. Surely what's happening to Honeywell employees in the last year has not made America better. Larry Alexander, 56051 Harmon Drive, Mishawaka, IN, stated that the media has painted the blowback from Honeywell employees as a last-ditch attempt for retirees"thrown under the bus for profit and profit only." He contended that this will not be over until disenfranchised employees, such as himself, say it is over. Marty Wolfson, 809 Park Avenue, South Bend, IN stated that Honeywell has been treated generously by South Bend. Mr. Wolfson asked, So, should South Bend be as generous to Honeywell if it applies for tax incentives in the future? Well, that should depend on whether Honeywell is a good corporate citizen, and hopefully it will change. But, judging by its current behavior, the answer is a resounding no. Jesse Davis, P.O. Box 10205, South Bend, IN, stated that Honeywell is not the first corporation to abandon its employees, and that retirees of other similarly behaving corporations of the past are still fighting for their due today. Mr. Davis stated, We've really got to pay close attention to what we're doing when we're doling out the tax abatements and, a lot of times, throwing around TIF money to help places. Our government's bailing a lot of places out. These big corporations—all these people that are sitting here, they're numbers to them, man. They're just numbers to them. I hope [the Council] doesn't just stop tonight with the verbiage of the resolution. I hope the Council continues to watch this and do whatever you can to make this company realize that our community has done a lot for them and they need to stand up and do what's right for these people. Ron Packer, 122 East Pokagon Street, South Bend, IN, stated that he is in favor of this resolution but would like to see the Council explore other punitive measures, as well. Mr. Packer stated that he would like to see the Council do whatever is legally possible to push this matter to the federal courts. There were none who wished to speak in opposition to this bill. Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-39. Councilmember Karen White seconded the motion. Councilmember Jake Teshka rescinded the motion. Councilmember John Voorde seconded the rescinding of the motion which carried by a voice vote of nine (9) ayes. Councilmember Teshka stated that the federal government is not in place to assess the fairness of contracts but to ensure that they are rightly administered—which, federal courts say, Honeywell's was. To that end, Councilmember Teshka stated that he was encouraged by the resolution in question, in that it asks members of the federal government to vote with their wallets next time they consider a defense contract. Councilmember Oliver Davis stated that pain,hunger, and the like are bipartisan. Councilmember Davis stated that it is the Council's responsibility to make sure everyone is taken care of appropriately in this situation. Councilmember Tim Scott, addressing Honeywell employees, stated, You guys worked hard for it. You did your part to it and the companies need to do their part. It's got to be responsible. There is no problem with profit: it's the responsibility that goes a long with that. Councilmember Williams-Preston stated, We can't forget to thank the retirees themselves and the labor unions and the folks in the community who really stepped up and who have been working, ongoing, with your City officials, your elected officials. This is how we get things done. It's a beautiful example. You entrusted us to fight your fight and we are here to do that. So, I want to thank you for trusting us to do that and thank everyone, because it really has been an opportunity for us to reach across lines and work together to get something that we can all get behind and support. So, yes, you're right: this fight isn't over until you say it's over. Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-39. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 12 REGULAR MEETING August 13, 2018 BILLS ON FIRST READING BILL NO. 34-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6, FOR A 31.75 ACRE TRACT OF LAND ON THE WEST SIDE OF NEW ENERGY DRIVE APPROXIMATELY 350 FEET NORTH OF STATE ROAD 23, SOUTH BEND, INDIANA Councilmember John Voorde made a motion to send Bill No. 34-18 to the Area Plan Commission for their September 9th, 2018 meeting and to the Zoning and Annexation Committee for Second Reading and Public Hearing on October 8th, 2018. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. 35-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6, FOR A 31.75 ACRE TRACT OF LAND ON THE WEST SIDE OF NEW ENERGY DRIVE APPROXIMATELY 350 FEET NORTH OF STATE ROAD 23, SOUTH BEND, INDIANA Councilmember John Voorde made a motion to send Bill No. 35-18 to the Area Plan Commission for their September 9th, 2018 meeting and to the Zoning and Annexation Committee for Second Reading and Public Hearing on October 8th, 2018. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 36-18 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1939 & 1947 CHARLES STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to accept Substitute Bill No. 36-18, modifying the bill text to read "DISTRICT NO. 4" instead of "DISTRICT NO. 1." Councilmember Sharon McBride seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember John Voorde made a motion to send Substitute Bill No. 36-18 to the Area Plan Commission for their September 18'h,2018 meeting and to the Zoning and Annexation Committee for Second Reading and Public Hearing on October 8th, 2018. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. 13 REGULAR MEETING August 13, 2018 37-18 FIRST 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 14 SUBDIVISIONS TO DELETE CERTAIN LOT DESIGN STANDARDS THAT DUPLICATE LOT SIZE STANDARDS IN THE ZONING ORDINANCE,AND DELETE FLOODPLAIN DEFINITIONS THAT HAVE BEEN UPDATED IN THE ZONING ORDINANCE Councilmember John Voorde made a motion to send Bill No. 37-18 to the Area Plan Commission for their September 18th, 2018 meeting and to the Zoning and Annexation Committee for Second Reading and Public Hearing on October 24th, 2018. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 18-40 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 213 AND 217 SOUTH MAIN STREET Councilmember Gavin Ferlic made a motion to send Bill No. 18-40 to the Zoning and Annexation Committee for Second Reading and Public Hearing on September 27th, 2018. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Tim Scott agreed once more to look into how to set up meetings with the South Shore partners. Councilmember Karen White announced that the third budget hearing would take place on Wednesday September 15th, 2018 at 5:00 p.m. in the conference room. Councilmember Jo M. Broden announced that she has just accepted chairmanship with the Solid Waste Management District Board. Councilmember Broden stated that the budget hearings for Solid Waste are upcoming. She stated that the flood meeting would take place on September 20th 2018, starting at 5:15 p.m. PRIVILEGE OF THE FLOOR Sue Kesim, 4022 Kennedy Drive, South Bend, IN, stated, I would like to remind the Council that bonds equal credit cards when we are thinking of budgeting.Ms.Kesim pointed out several deficits logged on the accounts, giving particular attention to a $60,000,000 deficit and concluding by stating, We need you guys to do a budget that's not overspending by $60,000,000 every year, and we need you to stop doing bonds tying things up for multi-decades. 14 REGULAR MEETING August 13, 2018 Samuel Brown, 222 East Navarre Street, South Bend, IN, stated that he recently took a bus tour when a drug deal took place in front of the drughouse that has been bringing to the Council's attention for the past two (2) years. Jason Banicki-Critchlow, 3822 West Ford Street, South Bend, IN, stated that the City needs to put more money into infrastructure like cleanliness of bike lanes and the more frequent repaving of streets instead of on"once-in-a-generation"projects. Sharon Banicki, 3822 West Ford Street, South Bend, IN, stated that she too was on the bus tour and stated that those who were on the tour who were not used to seeing drug deals—which she also stated are common on the west side—need to put their money toward public safety. Ms. Banicki thanked the SBPD for raiding four (4) homes associated with drugs and thanked Councilmember Regina Williams-Preston for hosting the bus tours. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 9:15 p.m. 15