Loading...
HomeMy WebLinkAbout07-09-12 Common Council Meeting Minutes REGULAR MEETING JULY 9, 2012 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, July 9, 2012 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Tim Scott 1 District nd Henry Davis, Jr. 2 District rd Valerie Schey 3 District th Fred Ferlic 4 District th David Varner 5 District th Oliver J. Davis 6 District, Vice-President Derek Dieter At-Large, President Gavin Ferlic At-Large Karen L. White At-Large, Chairperson Committee of the Whole OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the June 25, 2012 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 12-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to amend this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 1 REGULAR MEETING JULY 9, 2012 Council Attorney Kathleen Cekanski-Farrand read the amendment into the record: “End of Section 1: Said rezoning shall be subject to the written commitments set forth in Exhibit A which is attached hereto and included herein.” Councilmember Oliver Davis, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation as amended. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from SF2 Single Family & Two Family District to CB Community Business District to allow two stall garage (Auto Repair-major). On site is a one stall residential garage, on a separate lot from the primary. To the north are three single family homes zoned SF2 Single Family and Two Family District, and beyond them, a storage lot for the Robert Henry Corporation zoned LI Light Industrial District. To the east, across Parry Street, is Information Records Associates, a dance school and a car repair business zoned MU Mixed Use District. To the south are five single family homes, and, beyond them, the Marine Corps League zoned SF2 Single Family and Two Family District. To the west is a single family home zoned SF 2 Single Family and Two Family District. To the northwest is the Robert Henry Corporation zoned LI Light Industrial. The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The site is 7,590 square feet. The proposed two stall garage is 1,360 square feet or 18% of the lot. The seven parking spaces and drive aisle cover 2,580 square feet or 34%. Residential bufferyard landscaping is shown on three side behind the building, and foundation landscaping is shown in front of the buildings. Landscaping covers 1,150 square feet or 2%. The use of the remaining 2,500 square feet is unknown at this time. Based on the site plan provided, the following variances will need to be obtained from the Are Board of Zoning Appeals: Side Residential Bufferyard from 20’ to 0’ for parking; Front Setback from 15’ to 0’ for parking; Aisle width from 24’ to 20’; Parking screening landscaping from what is required by ordinance, to none. This property was zoned B Residential (Multifamily) under the prior zoning ordinance. When the zoning ordinance was revised in 2004, the zoning changed to SF2 Single Family and Two Family District. Parry Street is a two lane street that runs from a former railroad right-of-way on the north to the Cooper Bridge ramps on the south. The alleys adjacent to this site are not paved. City of South Bend utilities (water and sewer) are available in Parry Street. The City Engineer states the alley will have to be paved if it will be used for access. The Department of Community and Economic Development refers to the Howard Park Neighborhood Master Plan. The proposed rezoning of 501 S. Parry St. from SF2 to CB Community Business District may not be considered compatible with the vision of the Master Plan. If Henry Street, as proposed by the Howard Park Neighborhood Master Plan becomes a reality, then the public purchase of this site is probable. Parry Street is a residential street, and should not be used as direct access for business uses. If the rezoning is approved, several variances from the development standards will be required. The future Land Use Map identifies this area as medium density residential. The East Bank Plan Phase 2 (commonly known as the Howard Park Neighborhood Master Plan) dated February 24, 2009 identifies the area on either side of Parry Street between the old railroad right-of-way and the Cooper Bridge ramp as a Future Development Opportunity. The vision of the plan is to support residential development on and around the former TRANSPO site. This plan has not been adopted by the Area Plan Commission or Common Council but it was approved by the neighborhood. The properties along Eddy are either vacant parcels or business uses with ample parking. Along Parry and Frances Streets are single family homes, with the exception of the Robert Henry Corporation, a special exception. More to the west of Frances Street, the former TRANSPO site has been demolished for future residential development per the Howard Park Neighborhood Plan. The most desirable use is a compatible with the Howard Park Neighborhood Plan. A commercial use, especially one that would need multiple variances, in the middle of a 2 REGULAR MEETING JULY 9, 2012 residential block would have an adverse effect on the residential property values. Responsible development and growth of Parry street is highly dependent on the success of the Howard Park Neighborhood Plan, which labels Parry Street as an area of “Future Development Opportunity.” The Plan made no particular land use commitment for Parry Street, with the exception of a proposed street using the existing alley alignment to the site. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. Ms. Nayder advised that the Commission held a public hearing on Tuesday, May 15, 2012 and sends this bill to the Council with an unfavorable recommendation. She stated that Parry Street is an area that has several development options, depending on the ultimate use of the land to the east along Eddy Street, and to the wet along Frances Street. Future redevelopment efforts by the City in this area may require land purchases, potentially making the purchase of this site more expensive with the increase in improvement and land values that a business would generate. In addition, the number of variances from required development standards makes the site too small for the intended use. A commercial use that does not have direct access to a major street should be discouraged. She stated that however, since the last committee meeting there was a meeting between the Committee chair Oliver Davis, the petitioner, the petitioner’s son, Scott Ford from Community & Economic Development, Catherine Hostetler from Historic Preservation and herself. What came from that meeting what came out are the written commitments that are the amendments to the ordinance. Mr. Eugene Phillips, 509 South Parry Street, South Bend, Indiana, advised that he is requesting a zone change from SF2 Single Family & Two Family District to CB Community Business to allow an auto repair garage. He stated that when his son graduates from Ivy Tech with an Associates Degree in auto repair he will be able to start and learn how to operate a business. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 20-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION Council Attorney Kathleen Cekanski-Farrand advised that this bill was inadvertently put on the agenda and was a scrivener’s error. She stated that the Council had set this bill at their last meeting for Public Hearing, Second and Third Reading on July 23, 2012. BILL NO. 21-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS Councilmember Dieter made a motion to continue this bill until the July 23, 2012 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 3 REGULAR MEETING JULY 9, 2012 BILL NO. 24-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 6 ADDRESSING AIR POLLUTION CONTROL OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 13-76 THROUGH 13-77 ADDRESSING CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACES Councilmember Dieter made a motion to continue this bill until the July 23, 2012 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 28-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 5, SECTION 13-75.5 DISORDERLY HOUSES PROHIBITED BY THE INCLUSION OF NEW SUB-PARAGRAPHS l, m, and n TO PARAGRAPH (a) (5) OF THE SOUTH BEND MUNICIPAL CODE Councilmember Dieter made a motion to accept the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Fred Ferlic, Chairperson, Health & Public Safety Committee reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Councilmember Tim Scott, 711 Forest Avenue, South Bend, Indiana, made the presentation for this bill. Councilmember Scott advised that this bill is aimed at strengthening our Disorderly House regulations. The bill adds prostitution, racketeering, drug dealing, and criminal gang activities. He stated that he believes this bill will provide additional enforcement tools for the City Administration which are not only reasonable, but necessary. th Aladean DeRose, Interim City Attorney, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that she was speaking on behalf of Assistant City Attorney Ann-Carol Nash. She stated that Ms. Nash is in favor of this bill. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this substitute bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 4 REGULAR MEETING JULY 9, 2012 BILL NO. 27-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $20,625.00 WITHIN GENERAL FUND NO. 101 FROM A DEPARTMENT OF ADMINISTRATION AND FINANCE ACCOUNT TO AN OFFICE RENTAL ACCOUNT IN THE SOUTH BEND HUMAN RIGHTS DIVISION Councilmember Karen White, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. th Mark Neal, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Neal advised that the City of South Bend Human Rights Division of the Department of Administration and Finance currently maintains its offices at 301 South St. Louis Boulevard, South Bend, Indiana. The City of South Bend Public Works Department has inspected the current facility and determined that it is inadequate to meet the needs of the Human Rights Division and would require substantial repair costs of as much at $250,000 to fully rehabilitate this facility. Mr. Neal stated that office space which meets the Human Rights Division’s needs for confidentiality of claimants, ADA accessibility, and convenience of South Bend residents has been located at 319 Niles Avenue, South Bend, Indiana, and requires a lease with the property owner, 319 LLC. He stated that the initial lease term is for five (5) years, and the annual cost will not exceed $45,000. The lease is expected to begin effective July 15, 2012. This bill is a companion to Bill No. 12-87 which seeks Council’s finding that the lease with 319 LLC for the Human Rights Division is necessary. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Henry Davis asked who owned the building. Mr. Neal advised that they are working with a broker, Christian Davy, CB Richard Ellis. He stated that he doesn’t know the owner of the property Councilmember Henry Davis asked if we could find out who the owner is. Mr. Neal stated yes and apologized for not having that information readily available. Mr. Neal stated that Ms. Aladean DeRose, Interim City Attorney stated that the owner is 309 Niles, LLC. He stated that he understands that is not what Councilmember Davis is exactly looking for. Councilmember Henry Davis stated that Brad Toothaker owns the building and he was looking at some of the conflicts that it may cause with him doing a lot of business with the city and the amount of rent that we pay out to Mr. Toothaker or even CB Richard Ellis. It almost looks like we participate with CB Richard Ellis in a way that could potentially challenge the integrity of the City. He stated that he was really interested in finding out if that was the case, and if that is the case then we need to look at how much time and money we spend with Mr. Toothaker so that we don’t look like we are being overbearing or overly helpful or excited to help Mr. Toothaker grow his business. Mr. Neal stated fair enough. Councilmember Henry Davis asked that when we have the opportunity could we please find out who owns that building, not 309 Niles Avenue LLC. 5 REGULAR MEETING JULY 9, 2012 Councilmember Dieter asked Councilmember Henry Davis if Mr. Toothaker is the owner of that property, would he like any follow up? Councilmember Henry Davis stated yes, and that he wants to find out who owns the building. He stated that he thinks that it is necessary. If we are going to be this city that st is 21 Century and going to be helpful to all classes of people MBE/WBE, excited to spread the wealth and re-divide the pie, he doesn’t think that we should stop short of commercial buildings and paying rent to a person who probably owns most of the real estate downtown, especially if he owns this building and we continue to do business like this with Mr. Toothaker or CB Richard Ellis. Mr. Lonnie Douglas, Director, Human Rights Commission, 309 St. Louis Blvd., South Bend, Indiana, spoke in favor of this bill. Mr. Douglas advised that the currently location of his office has generated concerns about maintenance, obsolescence, and client accessibility. He noted that the City Engineering Department has inspected the property and concluded that the level of repair needed to correct problems exceeds the benefit in retaining this building for the South Bend Human Rights Commission. He stated that he and his entire staff are grateful for this opportunity and look forward to a move to 319 Niles Avenue. He urged the Council’s favorable recommendation of this bill. Councilmember Schey thanked Mr. Douglas and assured him that she thinks we all value the work that the Human Rights Commissions does. She stated that the debate has been centered around trying to make a wise choice on behalf of the taxpayers. She stated that they want to make sure that we are provided the best accommodations that they can. She stated that they have just been very judicious about the cost, so please bear in mind that what is the debate is centered around not that they don’t value very much the work that the Human Rights Commission does. Councilmember Henry Davis stated that the only reason that he is voting for this bill is because he doesn’t think any worker should work in those types of conditions. He stated that he is sure that it is miserable in that building given the triple digit temperatures that we have been experiencing. He reiterated that he doesn’t believe that anyone should have to work in those kinds of conditions he doesn’t care who you are or where you come from. That is one of the only reasons that he is voting for this bill, outside of that he thinks that it is up to the Administration and it is their responsibility to find adequate space for the city departments. He stated that he doesn’t think that they are short of city property that they own. He stated that we could have done a better job in locating a property for office space for the Human Rights Commission well before we got this point. He stated that it is almost a forced situation right now and the Council is being put up against the employees. He stated that he is always going to go for the employees, so he is going to support the bill, because they are employees and they work hard. But he does not support the way that this was handled and thinks that the administration on down to the departments need to be mindful of office space and real estate that we own here in South Bend, Indiana. He stated that as a matter of fact he has already asked for an audit during the sessions of budget, so they will find out how many properties that they actually own. He stated that it is more than those properties that showed up on that piece of paper. He stated that he has done a Google search himself and found more than what was presented earlier today. The other deal is that he thinks that the Human Rights Commission deserves more as well, so not only should they get a new office space, allow them to go county wide. They handle issues from people in Mishawaka and all over the county and they come to South Bend and bring them to South Bend and being paid by South Bend. He thinks they should probably get paid by South Bend, City of Mishawka and the County Council as well. He stated that there needs to be a conversation between the three (3) governmental bodies so that they can stretch their arms and spread their wings and also be compensated for the work that they do. Because they don’t just handle South Bend complaints and assumes that they deal with more issues outside of South Bend rather than South Bend. He stated that he is going to go out on that limb, because he has been here for a while and knows that to be true. He thinks that they need to make an approach to go county wide rather than city wide because we shouldn’t have to continue to foot the bill for outside areas. He stated that we do it all the time, so now is the time for those outside areas to pony up their dollars to make sure that division is well 6 REGULAR MEETING JULY 9, 2012 resourced and supplied adequately. He stated that he doesn’t think that it is fair, and thinks that it is wrong. He stated that those employees should be valued more than that. Councilmember Oliver Davis stated to Mr. Douglas that he is sorry that the promise that he was given has had to take so long. He stated that to be in those kinds of working conditions for over 10 years is a travesty. He stated that he concurs with Councilmember Henry Davis, Jr., that the discussions from our Mayor, County Council President Raphael Morton, Mishawaka Mayor Wood, would come together to have a discussion on how we can really expand the services of the Human Rights Commission. There was no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Henry Davis made a motion to rise and report to the full Council. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole 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 7:33 p.m. Council President Derek Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10167-12 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10168-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 5, SECTION 13-75.5 DISORDERLY HOUSES PROHIBITED BY THE INCLUSION OF NEW SUB-PARAGRAPHS l, m, and n TO PARAGRAPH (a) (5) OF THE SOUTH BEND MUNICIPAL CODE 7 REGULAR MEETING JULY 9, 2012 This bill had third reading. Councilmember Oliver Davis made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10169-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $20,625.00 WITHIN GENERAL FUND NO. 101 FROM A DEPARTMENT OF ADMINISTRATION AND FINANCE ACCOUNT TO AN OFFICE RENTAL ACCOUNT IN THE SOUTH BEND HUMAN RIGHTS DIVISION This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4193-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 319 NILES AVENUE, SOUTH BEND, INDIANA, IS NECESSARY FOR USE AS GENERAL OFFICE SPACE WHEREAS, the Board of Public Works of the City of South Bend, Indiana, received a petition on May 14, 2012 signed by fifty taxpayers of the City of South Bend, requesting that the Board lease the office space at 319 Niles Avenue, South Bend, Indiana, by entering into a lease with 319 Niles, LLC for a term of five (5) years with an option to renew for one additional five year term with a monthly rental of Three Thousand Five Hundred Fifty-Five Dollars ($3,555.00) for the initial five year term; and WHEREAS, on May 14, 2012, the Board of Public Works received a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signers of the Petition are taxpayers of property within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36-1-10-7(2) requires, before the Board of Public Works as leasing agent enters into a lease agreement, that the Common Council, as fiscal A@A body, determine after investigation that the premises are needed, and that the lease @ amount is reasonable; and WHEREAS, the Board of Public Works has conducted the public hearing required by I.C. 36-1-10-13. BE IT THEREFORE RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 8 REGULAR MEETING JULY 9, 2012 2. The Common Council wishes to provide office space in the proposed location in order to offer the services of the South Bend Human rights Commission to the residents of the City. 3. The office proposed to be leased at 319 Niles Avenue, South Bend, Indiana, contains approximately 2,975 square feet of space on the first floor, which is sufficient to accommodate the activities for which the space is intended. 4. On May 14, 2012, a Petition signed by fifty taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 319 Niles Avenue, South Bend, Indiana, by entering into a lease with 319 Niles, LLC for a term of five (5) years with an option to renew for one additional five year term with a monthly rental of Three Thousand Five Hundred Fifty-Five Dollars ($3,555.00) for the initial five year term. 5 On May 14, 2012, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and signers of the Petition are taxpayers of property within the corporate limits of the City of South Bend. 6. On May 15, 2012, the Board of Public Works approved its Resolution No. 27-2012, a copy of which is also attached hereto and incorporated herein, authorizing the Clerk of the Board of Public Works to public notice of a public hearing concerning the Board’s intent to enter into a lease under the terms set forth in Paragraph 4, above. 7. The proposed form of lease agreement for the premises was filed with the Board of Public Works and in accordance with Indiana Code § 36-1-10-13, was made available for public inspection at the Office of the Clerk of the Board of Public Works, th 13 Floor, County-City Building, South Bend, Indiana. 8. On May 29, 2012 at 9:30 a.m., the Board of Public Works held the public hearing in accordance with the notice, and after closing the public hearing, the Board of Public Works determined that the lease is necessary and the rental is fair and reasonable and asked that its recommendation be forwarded to the Common Council for further action in accordance with Indiana Code §36-1-10-7. 9. Having considered the presentation and hearing on this Resolution, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36-1-10-7(2), that the lease of property at 319 Niles Avenue as office space is needed, as petitioned by the fifty taxpayers of the City of South Bend, whose signatures were certified by the St. Joseph County Auditor. 10. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Karen White, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Ms. Aladean DeRose, City Attorney, A.I., 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. DeRose advised that this bill is a companion Bill No. 27-12 which the Council just passed. This is the Resolution that is required as a matter of law. It’s basically a finding on the Council’s part that a lease of this property is necessary for the South Bend Human Rights Commission. She stated that she thinks that Mr. Lonnie Douglas eloquently spoke earlier about the need for the Human Rights Commission’s new space. She stated that she will elaborate on that from a legal stand point. The Human Rights Commission investigates charges of discrimination and housing under law. She stated that there is a 9 REGULAR MEETING JULY 9, 2012 nine member commission two of whom are disabled. The Commission also serves as also in a quasi-judicial capacity meaning that it is somewhat like a court. It holds reconsideration hearings about once a month, public hearings two, three and sometimes four times a year, and of course the public meetings of the Human Rights Commission each month. The clients of the Human Rights Commission are generally low income and generally do not have transportation and it is essential that there be a good functioning conference room in which the necessary public hearings which require confidentiality and privacy are held. Those that have claims of discrimination, their claims are protected as a matter of federal law. The Human Rights Commission can not release any information about investigations so the privacy of those who have claims who may be in vulnerable positions is essential. With that in mind, then there are five (5) distinct requirements of the Human Rights Commission and say distinct because they are unlike any other department. 1. Must have approximately 3,000 square feet of space usable as an office. 2. That it be a totally ADA accessible facility, because they hear cases of those with disabilities and because members of the commission themselves are disabled. 3. It needs to be on a first floor, for the same reasons. 4. It needs to be a place that enhances the privacy of individuals who are the clients of the commission. 5. It needs to be on a Public Transportation Route with parking facilities. All of those requirements are met with the space that has been identified here. She stated that the other component of the Human Rights Commission is that it receives about 1,000 inquiries a year, of which about 100 turn into actual cases that are worked on involving witnesses and clients. So, for those reasons it’s clear that a finding for a new facility is necessary in addition to all of the problems that are with the space as it is presently constituted. Councilmember Henry Davis asked how the new location will be marketed. How would people be able to find the Human Rights Commission on Niles Avenue? How will the rest of the world know that the Human Rights Commission has relocated to Niles Avenue. Mr. Lonnie Douglas stated that the HUD has given them an $80,000 grant to do education and outreach. Part of that grant will be utilized to advertise the billboards, television spots, newspaper spots that the Human Rights Commission is moving and where they will be located and how accessible they will be. Councilmember Henry Davis asked if they were going to use that total amount of the grant for marketing purposes? He stated that he didn’t know anything about an $80,000 grant to be honest. Mr. Douglas stated that the grant is given to them three (3) fold: 1. The Council passed the sexual orientation law, an ordinance that they will also be marketing in terms of making people aware of that. 2. Housing in general, that they investigate housing in terms of landlords as well as homeowners. 3. To announce that they are moving. Ms. DeRose advised that much of the funding for the Human Rights Commission is provided by grants from the EEOC and from the Housing and Urban Development Department of the Federal Government. Councilmember Dieter asked for clarification on the exact dollar amount of the grant. Ms. DeRose stated that it was $80,000. Ms. DeRose stated that she made a mistake when she identified the owner of the building, it’s 319 Niles Avenue LLC. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution as substituted. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 10 REGULAR MEETING JULY 9, 2012 RESOLUTION NO. 4194-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THAT DOWNTOWN SOUTH BEND BE RE-AFFIRMED AS A TOP PRIORITY FOR CREATIVE AND SUSTAINABLE REVITALIZATION; THAT ALL POSSIBLE GRANT OPPORTUNITIES BE PURSUED; AND THAT CHASE TOWER BE ADDRESSED Whereas, on December 7, 2010, Indiana’s Lieutenant Governor announced that “Downtown South Bend, Inc.” had joined the Indiana Main Street Program which “encourages the revitalization and restoration of downtown areas in Indiana cities and towns” with this program being administered by the Indiana Office of Community and Rural Affairs (OCRA); and Whereas, Indiana’s Lieutenant Governor noted that day that “viable downtowns are crucial to the economic health of our state” and that the program is aimed to “encourage a favorable environment for businesses” focusing on a “Four Point Approach” stressing “creating new streetscapes, facilitating housing initiatives, developing commercial and mix-use projects, and strategic planning for the downtown community” ; and Whereas, the Indiana Main Street Program is offering Downtown Enhancement Grants to support and promote community-based planning, marketing, and restoration efforts in Indiana Main Street communities. These efforts are aimed to “improve the quality of life for residents and provide opportunities for increasing private investment and employment”. Projects which may qualify for funding include “promotional campaigns, program branding, façade renovations or rehabilitations, and other initiatives”, with such grant applications becoming available on July 9, 2012, and will be due to OCRA on August 31, 2012, and the Common Council believes that such grant opportunities should be pursued; and Whereas, in light of the May 30, 2012 announcement by representatives of the Summit Club that “South Bend’s highest restaurant” located in the heart of downtown South Bend is closing its doors after more than forty (40) years of providing culinary delights from such a spectacular location; and with the continuing challenges being faced by the downtown Chase Tower which are reported to need “at least $6 million on immediate, necessary fixes on a new roof, new energy efficient windows, new elevators, an improved HVAC system and other structural repairs”; every possible opportunity should be pursued in order to assist in stepped-up, positive actions for the sustainability of our downtown. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, believes that all possible grant opportunities should be pursued for the betterment of Downtown South Bend, and that in particular an application for a Downtown Enhancement Grant offered through the Indiana Main Street Program should be timely pursued and filed. Section II. The Common Council further believes that greater transparency, accountability and collaboration of all public and private agencies working for the betterment of downtown South Bend needs to be a top priority, including the City Administration’s latest efforts on Chase Tower. Section III. The Common Council offers its services to coordinate a series of public meetings through its Community and Economic Committee to help facilitate meaningful and positive dialogue aimed at pursuing timely results which are in the best interests of South Bend. 11 REGULAR MEETING JULY 9, 2012 Section IV. The Council recommends that Downtown South Bend, Inc. (DTSB) share information on a timely basis with the Council’s Community and Economic Development Committee. Section V. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. nd s/Henry Davis, Jr., 2 District Council Member s/Karen L. White, Council Member at Large th s/Oliver Davis, 6 District Council Member Councilmember Henry Davis, Jr., Chairperson, Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Henry Davis, Jr., 5117 Idlewood Dr., South Bend, Indiana, made the presentation for this bill. Councilmember Davis advised that this bill is to promote Downtown South Bend. He stated that many of them have been asking for a plan for the downtown area and the Riverfront Development was passed through and this is an addition to the Riverfront Development, so what you are looking at now is the Indiana Main Street Program that was designated back in 2010. It is not merely a Main Street Initiative Plan, but it is a plan to help us encourage business revitalization, restoration of the downtown area for cities and towns, talking about designs, talking about organization, talking promotion, talking about economic restructuring through this grant. So within this Resolution they are asking that the Downtown South Bend crew, Mr. Aaron Perri and company will go ahead and fill out an application to help promote downtown by helping out with this façade grant and the different things that are available to us per the State of Indiana. He stated that he thinks it will be a good fit, he thinks that it will help improve downtown, he thinks that it will enhance the viability of downtown along with the Riverfront as well. The second part of this resolution has everything to do with the Chase Tower, as this has been a story since last September, and has they have not heard a lot from the Administration concerning this matter, he stands to believe and think that they have a lot gain and also to lose in this situation. So, in talking with a couple guys who thought that they wanted to buy the building, and have come to understand today, that there has been a bid accepted, which doesn’t mean that the building has been sold, but that a bid has been accepted in such a way that they can follow along down the path of hopefully acquiring the building, Ss nothing is set, but the bid has been accepted. He stated that the other part of this is that if the bid doesn’t stay the course and obviously gets accepted in such a way that the building doesn’t get sold he thinks that we have a couple of stakes in this that we can move forward. He stated that he has a couple of solutions; it may not be to the administrations likening. However, they are solutions, the interesting part is not having the incentive to obviously lower the price for someone to purchase the property, the receiver is not making money, managing this thing for a long time and the bank has already classified this loan and taken all of the lease money to reduce the bank book balance in order to lessen the ultimate charge off or create a bigger recovery. They also know that if we continue down this path and hold off longer, we will probably end out bailing them out. He stated that is how the conversation has been in the past; however, the building exists and continues to exist in a poor fashion. The City could take two legal paths, the price could certainly be reduced by repair cost, you can do this in the negotiation in two ways, the property taxes, the last time we looked at property taxes they were way behind. He stated that if they do not pay it, it could go to tax sale. He stated that this should be no different, the city could pay the taxes and bring it to current and at best buy the property. These are all good outcomes. He stated that if the city ends up with the property then the city could be the final one who says to the prospective buyer that we won’t fine them for the repair costs, but we would do that much in as far as dropping some of the cost of the taxes. He stated that is part of the conversation that they have with the County Assessor. He stated that we could also go the condemnation route, that is heavy handed, kind of rash, however, we have pieces of concrete falling off the 12 REGULAR MEETING JULY 9, 2012 façade and any other place that you go with this type of situation, clearly would call for condemnation. He stated however they go; there are a couple viable solutions. He stated that he is asking that they move forward if this particular bid does not win out, and try to make sure that this building stays a viable part of downtown. He stated earlier that this building is too big to fail, he would hate to see this building not exist, more business move out, he stated that he feels that they have had enough businesses move out, since this last debacle last winter. He stated that he is really looking forward to working with the administration and whomever to make sure that we are in constant talks with the receiver and also the bank. He stated that Mr. Schmuhl provided us with some information earlier today during the sub-committee about some of the conversations that he has had with the receiver and also someone that he has forwarded over to him as well. He stated that he thinks that they have to a minimum done something’s, but thinks that we could do a lot more by injecting ourselves into it to make sure that this buildings stays in the forefront and that it is a priority for the downtown area. He urged the Council to adopt this resolution unanimously. Councilmember Oliver Davis stated that some of Councilmember Henry Davis’s presentation mentioned conversations with St. Joseph County officials regarding the property taxes on the building. He asked if those could be done. Councilmember Henry Davis, Jr., stated that would be a fair conversation. He stated that this is with the judge, let’s be clear, it’s in the courts, but he thinks that we have a way of talking and adding some comments into the conversation about the building itself and probably what we are willing to do to make the sale more attractive. Councilmember Oliver Davis asked if making the sale more attractive is someone from the administration putting in some wording that basically could be suggested. Councilmember Henry Davis, Jr., stated legally that he thinks that they have the ability to do it. There is a number of attorney’s upstairs, we have our own, and he thinks that we can be creative to make sure that something like that could take place. Councilmember Dr. Fred Ferlic stated that he certainly supports the resolution with the caveat that this is a private enterprise matter and he doesn’t want the taxpayer to be stuck with the major cost of this, with either renovation or any other part of the sale. He stated that he supports the general overall resolution that Henry is saying, to try to find a solution to this, but he thinks the question is going to be at what price to the taxpayer. Councilmember Henry Davis stated how fair is it when some of the businesses that are in the building pay taxes. Councilmember Ferlic stated that is up to them. Councilmember Henry Davis stated that being fair to the taxpayer, businesses are taxpayers and when we want to have these conversations, be clear about who pays taxes and who doesn’t pay taxes. He stated that he is probably going to guess that businesses pay their fair share of taxes, payroll, property taxes, and whatever tax they get taxed on, that’s why we have the State Mandate with HB 1001, capping property taxes at a certain level because people are paying a lot of taxes. Here in St. Joseph County we tend to have another added tax to the deal with the LOIT increase that makes it even more difficult for business owners around here. So when we are talking about taxes, lets talk about it clearly and such a way that we understand. He stated that people who own businesses pay taxes so do their workers. Councilmember Oliver Davis concurred, and stated that this is one thing that he like about this resolution is that it puts all the options that we can and allows the administration could work along with them. He stated that he doesn’t think that it is time for us to restrict anything at this present time, because there are so many things still are out their and lets just go with it and see where we are. Let’s continue conversations with the administration, working with the county to see where we are and see how this whole thing plays out before we commit ourselves. 13 REGULAR MEETING JULY 9, 2012 A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Schey seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 4195-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE CONTRACTUAL SERVICES AGREEMENT SUBJECT TO BUDGETARY APPROPRIATIONS FOR THE DIVERSITY COMPLIANCE OFFICER Whereas, on April 12, 2011, the South Bend Common Council passed ordinance No. 10081-11 addressing “Minority and Women Business Enterprise “Diversity Development Programs” which have been codified into the South Bend Municipal Code as § 14.5-1 through § 14.5-12; and Whereas, on May 14, 2012, the South Bend Common Council adopted Resolution No. 4180-12 approved the Minority/Women Business Enterprise Utilization Board’s recommendation for the engagement of a Diversity Compliance Officer, subject to an Agreement being approved by the Common Council; and Whereas, South Bend Municipal Code as §14.5-9 and §14.5-10 set forth the roles and responsibilities of the Diversity Compliance Officer; and Whereas, on May 29, 2012, the Board of Public Works of the City of South Bend entered into an Agreement with Trinal, Inc. to provide services as the Diversity Compliance Officer which are being sent to the Council for approval. Now, Therefore, be it resolved by the Common Council of the City of South Bend, Indiana. as follows: Section I. The “Agreement for Professional Services by and between the City of South Bend, Indiana and Trinal, Inc.” was approved by the Board of Public Safety on May 29, 2012, and is attached for review by the Council. Section II. The Council approves said Agreement subject to yearly budget appropriations as set forth therein. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Karen White, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Karen White, 1912 Malvern Way, South Bend, Indiana, made the presentation for this bill. nd Councilmember White advised that this resolution is the 2 step needed to finalize the contractual arrangement for the Diversity Compliance Office Contractual Services. The resolution makes all such services subject to proper budgetary appropriations. She advised that on May 29, 2012 the Board of Public Works of the City of South Bend, 14 REGULAR MEETING JULY 9, 2012 entered into an Agreement with Trinal, Inc. to provide services as the Diversity Compliance Officer which is being sent to the Council for approval. A Public Hearing was held on the Resolution at this time. Councilmember Valerie Schey asked if the firm that the City entered into an agreement is going to train someone to fill the Diversity Compliance Officer position. Councilmember White advised that the City entered into a contract with Trinal, Inc. to provide professional services to the City of South Bend, Indiana in response to its request for proposals for Diversity Compliance Officer Contractual Services for the Diversity Utilization Board (DUB) and the Common Council based upon the criteria outlined in the RFP for such services. She stated that this was the determination of the MBE/WBE Diversity Board’s recommendations. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Henry Davis made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO.29-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF MICHIGAN STREET FROM MADISON STREET NORTH TO THE FIRST EAST/WEST ALLEY AND THE FIRST EAST/WEST ALLEY NORTH OF MADISON STREET BEGINNING 6 FEET WEST OF THE FIRST NORTH-SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST MICHIGAN STREET RIGHT-OF-WAY This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on July 23, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 30-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $100,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on July 23, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 15 REGULAR MEETING JULY 9, 2012 BILL NO. 31-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET FROM HILL STREET WEST TO THE FIRST NORTH/SOUTH ALLEY This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on July 23, 2012. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Henry Davis, Jr., advised that he has received numerous complaints regarding the lack of handicapped accessible cross walks near the Robertson Apartments. Councilmember Davis also stated that he was saddened at the lack of pools and water parks on the Westside of South Bend. He stated that with the triple digit temperatures that we have been experiencing it is necessary for all the residents to have access to a pool or water park especially west of the river. NEW BUSINESS Oliver J. Davis advised that safety and wellness concerns have arisen at 5024 West Western Avenue. He stated that he will schedule a joint committee meeting of the Zoning and Annexation Committee along with the Health and Public Safety Committee, chaired by Councilmember Dr. Fred Ferlic to discuss the safety and wellness concerns of the migrant and seasonal farmworkers that are being housed at 5024 West Western Avenue. PRIVILEGE OF THE FLOOR Diane Szilagyi, 709, Cushing, South Bend, Indiana, Treasurer/Organizer, Let’s Move Michiana, P. O. Box 11448, South Bend, IN 46634, stated that she has been working with the St. Joseph County Economic Development Commission and the goal has been to get as many minority and women businesses in St. Joseph County. She stated that she has not seen the meeting notices for the MBE/WBE meetings. She questioned where they are being posted. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:13 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 16