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HomeMy WebLinkAbout05-13-19 Council Minutes REPORT OF SUB-COMMITTEE ON MINUTES TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: THE SUB-COMMITTEE HAS INSPECTED THE MINUTES OF THE May 13, 2019 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: TIM SCOTT KE TESHKA APPROVED BY THE COMMON COUNCIL ON: May 28, 2019 ATTEST: /'. _ __ i '7 REEMAH OWLER, TY t1 ERK REGULAR MEETING May 13, 2019 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, May 13th, 2019 at 7:00 p.m. The meeting was called to order by Council Vice President Karen White and the Invocation (Hope Ministries) and Pledge to the Flag were given. Council Vice President Karen White recognized Boy Scout Troop #111 in attendance at the Council Meeting. Council Vice President Karen White then announced, If you are here in response to Bill No. 19- 35, this resolution has been tabled until the May 28th,2019 meeting of the South Bend Common Council, at the request of the petitioner. Additionally, you will note our next meeting will not be held on May 27th because that is a holiday. May 28th is indeed a Tuesday. ROLL CALL COUNCIL MEMBERS PRESENT: Regina Williams-Preston 2nd District Sharon L. McBride 3rd District Jo M. Broden 4th District Jake Teshka 5th District John Voorde At-Large, Chairperson Committee of the Whole Gavin Ferlic At-Large Karen L. White At-Large, Vice President COUNCIL ABSENT PRESENT: Tim Scott 1St District, President Oliver J. Davis 6th District OTHERS PRESENT: Jennifer Coffinan Chief Deputy Clerk Bianca Tirado Deputy Clerk Joseph R. Molnar Ordinance Violation Bureau Clerk Bob Palmer Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES There was no report from the Sub-Committee on Minutes. SPECIAL BUSINESS There was no special business at this time. REPORTS OF CITY OFFICES Representing the City Administration: Laura O'Sullivan, Chief of Staff RESOLUTIONS BILL NO. 1 REGULAR MEETING May 13, 2019 19-19 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1545 S. OLIVE STREET, SOUTH BEND, IN 46619 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5)YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MOLDING PLASTICS, LLC Dan Buckenmeyer, Director of Business Development for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Buckenmeyer stated, Good evening. So, we have five (5) separate abatements we are going to go through tonight. The first (1St) one (1) we are looking at (referencing a slide in a presentation which is available in the City Clerk's Office) is a personal property tax abatement.This is on capital equipment for Molding Products. Molding Products LLC is a great South Bend business. They do plastics manufacturing and their product is raw material for evening from bathtubs to Corvette fenders. So,it is a very neat product and a very neat business working here in South Bend. What we are doing is supporting them in continuing their investment to expand their facility, doubling their production. It is a $5 million private investment in tanks, mixers, pumps, etcetera. They will be retaining forty-five (45)jobs and creating twenty(20) new jobs with this assistance. They are all at least eighteen dollars an hour ($18/hr.) wage. It is a five (5) year abatement, as all personal property tax abatements are. During that period, we will abate about $52,000 in taxes but they will still pay about $687,500 in that time period. The petitioner is here if you have any questions for them, but again, we ask for your support on this. Kip Lockem, 1545 South Olive Street, South Bend, IN, served as the petitioner for this bill. Mr. Lockem stated, I'm the plant engineer for Molding Products. I would just like to express our gratitude for the support shown by Mr. Buckenmeyer and this Council. We are looking forward to this support and many more years of operation in South Bend with expanding our 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 were none. Councilmember Gavin Ferlic made a motion to adopt Bill No. 19-19. Councilmember John Voorde seconded this motion which carried by a roll call vote of seven (7) ayes. 19-21 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5245 DYLAN DRIVE, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5)YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CHASE PLASTICS SERVICES, INC Dan Buckenmeyer, Director of Business Development for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Buckenmeyer stated, The next two (2) will relate to the same company and project but by different names. So, briefly, Chase Plastics is the company and we are talking now about the personal property tax abatement. Just for clarity, in a moment we will talk about the building expansion that these will go in under CBK Land Development, which is the related entity. We are talking now about capital equipment and a personal property tax abatement. This will be, again, racking, forklifts and the like to go into their expanded expansion of their facility. It is about an $823,000 investment they will be making. There will be nineteen (19) retained jobs and twelve (12) new jobs are anticipated. Their wage range is seventeen to 2 REGULAR MEETING May 13, 2019 twenty-one dollars per hour ($17 - $21/hr.) They will pay about $32,000 in taxes during the abatement period. We will be abating about $26,000. The petitioner is here to speak on this, as well. Councilmember Gavin Ferlic made a motion to hear together, for purposes of public hearing, Bill Nos. 19-21 and 19-25. Councilmember Sharon L. McBride seconded this motion which carried by a voice vote of seven (7) ayes. 19-25 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5245 DYLAN DRIVE, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR CBK LAND DEVELOPMENT, LLC Dan Buckenmeyer, Director of Business Development for the Department of Community Investment with offices located on the 14`h floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Buckenmeyer stated, As I previously mentioned, we are talking now about the building that will house the capital equipment we just spoke of. This is a $3.5 million investment for the petitioner. It adds 80,000 square feet to their existing facility with additional docks and so on. That results in a sixty-five percent (65%) increase in their storage capacity. They are a Michigan company but moved their logistics and warehousing facility here into South Bend in 2014. We are thrilled to see them expanding here and to support them. We hope for your ongoing support. We will be abating about $470,000 in taxes as this project phases in, but they will still pay about $118,000 on this portion of the building throughout that period,in addition to their other property taxes. Again, the petitioners are here if you are ready for them. Michael Hall, 5245 Dylan Drive, South Bend, IN, served as a petitioner for these bills. Mr. Hall stated, Thank you for your support and your commitment to us. South Bend, we've found, is a perfect location for our logistics and distribution facility. Especially in that logistics corridor on Cleveland Road and by US-31. These tax abatements will help us continue to grow our business in a powerful manor but, more importantly, it allows us to invest back into the community with additional jobs. As said, we are creating twelve (12) and we are also giving our team members tools to really bang out their career path. The construction aspect of this is going to be local. From contractors to materials, we are going to try the best we can to get it from this Michiana area. Councilmember Jo M. Broden asked, Mr. Buckenmeyer, could you address past abatements with regard to this compliance with this petition, please? Mr. Buckenmeyer replied,Any time the Department of Community Investment looks at a potential petitioner for an abatement,we look back and see what their history is and if they've had any other abatements or anything else, in that regard. We vet these businesses and abatements very diligently. In this case, as I mentioned, Chase Plastics came in and built their existing facility and outfitted it with the assistance of tax abatement support from the City back in 2014. They have remained in compliance with those tax abatements over the years and they will continue. There is a year left in that real property tax abatement. Councilmember Jo M. Broden followed up, Where would members of the public, or the Scout Troops that are here, look at those reports? Where could they find them, please? Mr. Buckenmeyer replied, I will have to get back to you on that. We have talked about that and I'm trying to find the exact location. We do an annual report, as you all know, to Council on tax abatements. It is that season right now. All of our existing companies who enjoy tax abatements are getting their compliance forms in. Their deadline is two (2) days from now and then our deadline, to report back to Council, is June 15`h. So, we will be doing a report back to Council, as we do every year. I'm guess it's on the web page, but I apologize not knowing off the top of my 3 REGULAR MEETING May 13, 2019 head where that resides. But it is, of course, transparent public information and I will get back to you. Councilmember Jo M. Broden followed up, And, for the benefit of the public, what is a tax abatement and how do they work? Just a quick version, for the benefit of the Scouts. Mr. Buckenmeyer replied, For the example, we will take a real property tax abatement. There is an empty field on the northwest side of town. You can imagine that empty field right now, with the corn growing, pays very low taxes. When somebody comes in and then puts a gorgeous building on it, that land has a tremendous increase in tax value for the community, increasing the tax rolls and what the City can invest back into the community. What a tax abatement does is it gives the investor, when they build a building like this, helps ramp into the cost of it and not have to pay all of the taxes right away and focus on investing in our residents and what they need to build their business first. It essentially gives them a ramp up period where they don't pay the full amount of that tax in year one(1),two (2) or three(3)but it ramps up slowly and by the end of the abatement,they will be paying that full tax amount, as they should be,but again,the City has done our part in terms of assisting. It can go many different ways. If it is a residential project,it can help offset the cost of getting new tenants into those apartments. In the case of the next two (2) we are going to talk about,they are what we call spec buildings. So,we've got investors building buildings without an existing tenant. They don't have anybody who is going to pay rent in the immediate future. So, we want to give them the ability to have an incentive and the ability to ramp into that without having a huge cash outlay immediately to help them be successful in our community. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. There were none. Councilmember Gavin Ferlic made a motion to adopt Bill No. 19-21. Councilmember Regina Williams-Preston seconded this motion which carried by a roll call vote of seven (7) ayes. Councilmember Gavin Ferlic then made a motion to adopt Bill No. 19-25. Councilmember Jake Teshka seconded this motion which carried by a roll call vote of seven (7) ayes. 19-29 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS NE CORNER OF ADAM ROAD AND U.S. 31 BYPASS, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GLC PORTAGE PRAIRIE IV, LLC Council Vice President Karen White stated, This is also a confirming resolution, but we've asked for a brief overview in regard to what is actually happening. There is a lot of misinformation or assumptions in regard to the proposed Amazon Building that will be coming to the City of South Bend. We want to make sure there is clarity in regard to the action we will be taking tonight but also the role of the Council at this particular time. We welcome your opening comments in that regard. Dan Buckenmeyer, Director of Business Development for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Buckenmeyer stated, So, yes, there is apparent confusion out there about who this particular tax abatement is for. There is confusion that this may be for Amazon.That is not the case.This,as I stated before,is a spec building.The petitioner can confirm that there is not an anticipated tenant for this. They don't have anyone they have even talked to because it is still an empty field. As it relates to Amazon, Amazon is going into, as we understand it, has signed a lease for what used to be a spec building. This is how spec buildings work. They are built without tenants. New tenants come in. So, a spec building that was given a tax abatement 4 REGULAR MEETING May 13, 2019 about two (2) years ago and it has been built between now and then. Amazon, as we understand it, has signed a lease there. They will be moving into that building. We are not entertaining any tax abatement with Amazon tonight. In fact, Amazon has never had a conversation with the Department of Community Investment or the City, nor have we given or had any conversations with Amazon about any direct incentives. Council Vice President Karen White followed up, So, if any citizens or others have questions regarding Amazon and the potential being part of the spec building, who should they contact? Mr. Buckenmeyer replied, They can contact the Department of Community Investment and I will repeat the same. I've said everything I know. Mr. Buckenmeyer continued,Again,just for the audience's understanding, if there is any indicator of,from an economic development standpoint,how strong your economy is in terms of its business vitality, it is the willingness of investors and companies to build structures without an existing tenant. The fact that somebody is willing to invest in a huge structure, and we are talking about two (2) in the next few moments, that together will encompass about 400,000 square feet under roofs, that is an immense amount of real estate. It is really a testament to the strength of our economy right now and what our smartest developers and investors in town think is going on. So, it is very exciting for us to be considering these spec buildings and supporting them. They bring in great new companies, so we are excited about it. This one(1)in particular is going in just north of Adams Road and Dylan Drive, right along that spot (referencing a slide in the presentation). It is all one (1) tract but will fill this spot. There is a large 400,000 square foot building here which is the home of CTDI which was originally a spec building. But,this one(1)will go here. It is about 166,000 square feet, about a $7 million project. It will have very close access to the Ameritech Drive and Cleveland Road interchange which will be redone next year to both the bypass and the I-80/90. Again,because these are spec buildings, we talk about investment and the other big thing we typically talk about are the number of jobs they will bring to the community because it's a spec building. We don't know how many jobs they will bring today but it takes a few people to manage a building of 166,000 square feet. So, we are confident and certainly GLC has a great record with other spec buildings they have built in the community. Here is a look at what it will look like (referencing a slide in the presentation). It will break ground this year and believe it is planned to be finished next year. But, the petitioner is here to speak to that and will be able to share any additional detail. Jeff Smoke, 112 West Jefferson Boulevard, South Bend, IN, served as the petitioner for this bill. Mr. Smoke stated, Good evening,and thank you. I'm the Director of Development for Great Lakes Capital. I want to thank the Department of Community Investment for all their support. This is our fourth (4th) building out there. The first (1St) three (3) have generated between eight hundred and nine hundred(800—900)jobs. So,there is a good track record out there of our success and we are just trying to keep the momentum going with this one(1). 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 were none. Councilmember Gavin Ferlic then made a motion to adopt Bill No. 19-29. Councilmember Jake Teshka seconded this motion which carried by a roll call vote of seven(7) ayes. 19-31 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 24605 CLEVELAND ROAD, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX(6)YEAR REAL PROPERTY TAX ABATEMENT FOR 31 NIMTZ LAND, LLC 5 REGULAR MEETING May 13, 2019 Dan Buckenmeyer, Director of Business Development for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Buckenmeyer stated, This is the second (2°) of two (2) spec buildings tonight, as I noted earlier. It is going to be right next to the bypass and just north of Nimtz Parkway. Everyone knows Tire Rack, and that will be just northwest of it a little bit. It takes an empty site and it will soon house a 225,000 square foot building with some forty (40) dock positions. If they need more, they will add them. It is about $13 million in investment. These numbers are always conservative, as we go through all of these. Again,there is direct access to the bypass and I-80/90. And again, we don't specify a number of jobs, but we are confident there will be significant job growth with this size and scope of a facility. This is being done by another great partner in South Bend. The land owner is Nimtz Land LLC, but Holladay Properties is the developer. Paul Phair is here from Holladay to answer any questions you may have. Paul Phair, 227 South Main Street, South Bend, IN, served as the petitioner for this bill. Mr. Phair stated, I want to thank you all, first (1St) for the opportunity to be here again tonight. And, thank you to Dan and the Department of Community Investment for all of their assistance and help through this process. We are really excited about the project. It continues the trend and momentum of industrial development out in this area and really taking advantage of a great infrastructure asset where we have the toll road and US-31 intersecting.Although we are competitors with Great Lakes with spec building, we are really excited to have both buildings going at the same time. It will generate more eyeballs from outside the area when we have that much square footage coming online. I'm hoping that is a positive for us as well as the entire area. It is a significant investment for us and for the community. The tax abatement is vital in really helping to offset some of the risk going into it as a purely speculative development. We appreciate the support and I am happy to answer any questions. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There were none. Councilmember Gavin Ferlic then made a motion to adopt Bill No. 19-31. Councilmember Jake Teshka seconded this motion which carried by a roll call vote of seven(7) ayes. 19-34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND AUTHORIZING CERTAIN ACTIONS AND PROCEEDINGS WITH RESPECT TO CERTAIN PROPOSED ECONOMIC DEVELOPMENT REVENUE BONDS AND RELATED MATTERS Councilmember Gavin Ferlic, chair of the Community Investment Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Chase Schulte, 425 South 25th Street, South Bend, IN, served as the presenter for this bill. Mr. Schulty stated, We are requesting for the Common Council to approve the inducement of tax exempt and private activity bonds for the rehabilitation of Cedar Glen Apartments located at 425 South 25th Street. I can run through this as quickly as possible or can go through the full presentation (which is available in the City Clerk's Office). We are merchants of affordable housing corporation. Councilmember Jo M. Broden replied, Your overview was and would be very instructive, but one (1) of the pieces we didn't go over in detail was the breakout in revenues and expenditures. You have a specific page on that and that would meet my needs and I don't know if there are others but thank you. Mr. Schulte clarified, In terms of the sources and uses of the project or are you looking for rental revenue? Councilmember Jo M. Broden took time to find the page her question pertained to. 6 REGULAR MEETING May 13, 2019 Councilmember Jake Teshka asked, While Councilmember Broden is doing that, for the good of the order here, could you explain a little bit about what you're asking us to do? Mr. Schulte replied, Sure. So,we are asking the Common Council of South Bend to act as a conduit of financing for the rehabilitation of this apartment building. In order for us to get the funding sources we need, we need the City to provide a financing mechanism in order to access money from the State, basically, in order to rehabilitate and purchase our building here in South Bend. Total development costs are estimated anywhere between $12 million and $13 million. I'm still finalizing our last few items. We are requesting about$7.3 million in tax exempt bonds that should meet the fifty percent(50%) test in order to access the four percent(4%) low-income housing tax credits we will be utilizing. Like I said, tax credits, that (referencing a slide in the presentation) is the LP Capital line right there taking out about $7.7 million, close to about $8 million in debt on the project through finance development. Then we will also be deferring some development to be on the project in order to fill our gap financing as well as apply for a federal home loan bank grant through the affordable housing program. On the uses side, we'll be expending about $4.1 million on rehab for the project. Acquisition of the property will get us close to $6 million and the remainder is in development fees and self-costs. Councilmember Jo M.Broden stated, Sorry,just quickly,please,your construction company,CRG Residential,where are they located out of? Do they utilize employees or independent contractors? Mr. Schulte replied, CRG Residential is located in Carmel, Indiana. They will be using a combination of both their own labor as well as sub-contractors. I don't have the exact amount of expected local participation, but it is in the resolution. They will be sub-contracting with local contractors. Councilmember Jo M. Broden followed up, Then with regard to your set aside for permanent supportive housing, I know we discussed this in Committee, but I would just like to affirmatively state, we are a very rich local community with regard to the supportive side of permanent supportive housing. I understand, and just looking at your portfolio, you have Gary-based, Indianapolis-based, and I see this would be your first (1st) project in our community. I think you will find, as you work in the negotiations in the City of South Bend, at least from what you expressed earlier, you are very comfortable at the five (5) units, and my support on this, I don't want that number to be undercut or lowballed just because of your level of comfort. I would like to make sure, embedded in this is that intention in these slides that you consider going up to as many as eighteen(18)units. We are a very robust community in that regard. We do the supportive stuff well and I hope your first (1st) toe in the community, in terms of this project, I hope if you need others in the community to help round that out, leadership on the Council or within local organizations, they help you feel comfortable in your ability to deliver that. I would love to have a conversation with you as, I think, other Council Members would. Mr. Schulte replied, We welcome that conversation, truly. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Jason Banicki-Critchlow, 3822 West Ford Street, South Bend, IN, stated, I love this project and love that this once troublesome property has one (1), turned around its reputation and two (2), as we go forward will stay low for the affordable housing. I just wanted to ask a couple questions for the public to clarify some things that members of the public might not know. These conduit bonds don't cost the City anything, correct? There is a lot of misconception with that online and I know from history that is not the case. Also,when we do these conduit bonds,it doesn't inhibit our future borrowing capacity because it doesn't add to the debt limit. And then this doesn't prevent us from doing any other kind of project in that area at the same time. Council Vice President Karen White replied, The answer to both of those questions is you are correct. Thank you so much. Councilmember Gavin Ferlic then made a motion to adopt Bill No. 19-34. Councilmember Jake Teshka seconded this motion which carried by a roll call vote of seven(7) ayes. 7 REGULAR MEETING May 13, 2019 19-35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING CERTAIN DECLARATORY RESOLUTIONS AND AMENDED AND RESTATED DEVELOPMENT PLANS FOR THE RIVER EAST DEVELOPMENT AREA, THE RIVER WEST DEVELOPMENT AREA, THE WEST WASHINGTON CHAPIN DEVELOPMENT AREA, AND THE SOUTHSIDE DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION Councilmember Gavin Ferlic made a motion to continue Bill No. 19-35 to the May 28th, 2019 meeting of the South Bend Common Council, at the request of the petitioner. Councilmember Regina Williams-Preston seconded this motion which carried by a voice vote of seven (7) ayes. BILLS ON FIRST READING BILL NO. 12-19 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CORBY BOULEVARD AND SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Jake Teshka made a motion to send Bill No. 12-19 to the Area Plan Commission for their June 18th,2019 meeting and to the Zoning and Annexation Committee for Second Reading and Public Hearing on June 24th, 2019. Councilmember John Voorde seconded the motion which carried by a voice vote of seven (7) ayes. 13-19 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3102 E MISHAWKA AVENUE, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Regina Williams-Preston made a motion to send Bill No. 13-19 to the Area Plan Commission for their June 18th, 2019 meeting and to the Zoning and Annexation Committee for Second Reading and Public Hearing on June 24th, 2019. Councilmember John Voorde seconded the motion which carried by a voice vote of seven (7) ayes. 14-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL, ARTICLE 1 BASIC PROVISIONS, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 7 GENERAL REGULATIONS, AND ARTICLE 11 DEFINITIONS TO ADD A NEW SF3 RESIDENTIAL FLEX DISTRICT 8 REGULAR MEETING May 13, 2019 Councilmember Jake Teshka made a motion to send Bill No. 14-19 to the Area Plan Commission for their June 18th,2019 meeting and to the Zoning and Annexation Committee for Second Reading and Public Hearing on June 24th, 2019. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven(7) ayes. 15-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS TO REVISE PERMITTED USES AND DEVELOPMENT STANDARDS Councilmember Jake Teshka made a motion to send Bill No. 15-19 to the Area Plan Commission for their June 18th,2019 meeting and to the Zoning and Annexation Committee for Second Reading and Public Hearing on June 24th, 2019. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven(7) ayes. UNFINISHED BUSINESS BILL NO. 19-36 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 1405, 1423, 1507, & 1511 ELWOOD AVENUE Councilmember Jake Teshka made a motion to send Bill No. 19-36 to the Utilities Committee for Second Reading and Public Hearing on May 28th, 2019. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS Council Vice President Karen White announced, Councilmember Oliver Davis received his PhD in Social Work this past weekend, so, we wish him the very best. He will now be called Doctor Oliver Davis. PRIVILEGE OF THE FLOOR Jason Banicki-Critchlow, 3822 West Ford Street, South Bend, IN, stated, There is a topic going on in the news and it is something I had the opportunity to talk about with a lot of people as I was out walking door to door throughout the sixth(6th)district. It was a lot about infrastructure and the beautiful brick roads we have underneath a lot of our asphalt on our side streets. I think we have to look at having a comprehensive plan on how to restore those side streets because they bring three (3) key benefits. One(1) is that they are a lot more durable and hold up a lot better over the long run. They are a lot cheaper over their lifespan than asphalt is. Two (2), they are a lot greener because they allow water to go through them naturally and get into that surface. Then we don't have to deal with where that storm water goes. Every time it rains, it'll go down into the water table. Three (3), one (1) of the things pointed out the most was how many people cut through the side streets like they are main thoroughfares, doing sixty(60)or seventy(70)miles an hour. Brick roads naturally slow people down and they serve as a permanent traffic calming mechanism. The one (1) getting attention on LaSalle Avenue, we should look to working on and restoring these brick roads throughout the City, particularly on the side streets. 9 REGULAR MEETING May 13, 2019 Council Vice President Karen White stated, Thank you so much for your comments. We had an update from the Director of Public Works, Eric Horvath, and he did share with us some of that. He will be giving additional comments to the public. Thank you for sharing that with the Council. Richard Urda, 3104 Springbrook Drive, South Bend, IN, stated, I just want to say that Troop 111 appreciates the courtesy of the education the Council has given us tonight. It is typical of all of our experiences. Here, we want to thank especially the members of Council that aren't going to be with us as they complete their terms. Thank you for your service to our community,we very much appreciate it. For those of you returning, we look forward to hearing from you again in the not- too-distant future. Joe Sutherland Jr., 310 East Oakside Street, South Bend, IN, stated, I apologize, I got a haircut from the 80's. I have a petition for each one(1)of you and I have six(6)signatures on the petition. I would like to give it to your folks (available in the City Clerk's Office). At the same time, I've got some pictures I would like you folks to look at, if you would please(which are available in the City Clerk's Office). The petition is for, on Oakside, between Carrol and Fellows, there is only parking on one (1) side of the street. There are three (3) signs posted that say No Parking on the south side of the street. So, us folks have to use the alleyway to get to and from our homes. If we have company over,they have to use the alleyway as well. That being said,these six(6) signatures contemplate you all paving the alley between Carrol and Fellows Street. There is a picture in there on Prairie Avenue where one (1) of the alleys have been paved in the City of South Bend. I think it is a step that could benefit us all, especially the folks who live there that want to have visitors come over. It is an issue I have been dealing with for twenty(20) years. At the same time, for me, to ask you guys to invest, I believe I have to invest into my community to make it look nice, also. So, you'll see two (2)pictures of my home at 310. My wife and I have put brand new windows in about eight(8) years ago. That cost about$4,000. We also finished the front of our house last year and that cost us$6,000. So, I believe we are doing our part in making our neighborhood look good. I hope you guys consider this situation and paving of the alley. Initially, the City set up the development over there and they just didn't make the street wide enough for parking on both sides of the street. Lastly, I would like to assess a lot right across the street from my house. It is a vacant lot. There was a house there and the City did us well and they tore it down but that created an empty lot. This empty lot is going to sit there for a good thirty (30) or forty (40) years because I had a good friend of mine, who is an architect, tell me to put a house on that lot,just like mine would initially cost about $110,000. On my best day, I could sell my house for$80,000. Nobody is going to make that investment. I think that lot will sit open for thirty(30)years or so. If we could plant trees out there, have the City Arborist come out there and strategically plant trees, it would close the hole there, give fresh breathing air, and help people not notice the tall grass growing there. I've hit the City with five (5) phone calls because the grass was in excess of twelve (12) inches. Well if you've got four(4) foot trees there, you won't notice the grass. Thank you for your time. Councilmember Jo M. Broden stated, There has been considerable discussion across the community about the South Bend Animal Care and Control Ordinance. Anybody who has been following this might be aware that it has been four (4) years in the works, I think. I suggest that this does fall under the Health and Public Safety Committee responsibilities and there will be several meetings,more than one(1),possibly two (2),because it is such a substantial change. That will be separate from a Council Meeting Monday. I have been in conversations with our Code Enforcement Department Director, Tracy Skibins, and we will try to calendar those dates to bring that forward in a real transparent and methodical way, so we can have a good community discussion on that and then the Council will be well-informed about those changes we are being asked to look at. Secondly, this is a request and I know Councilmember Davis is not here to affirm this, but for consideration on Bill No. 15-19, I think our community would benefit from having a separate meeting before it goes to the Area Plan Commission for their consideration. I think it is an Area Plan recommendation and I don't think Council has had much education or input on that actual piece. I think it is an important change that should be made but I think it would benefit the community if we actually had it presented at a Committee-level more thoroughly. Council Vice President Karen White instructed the City Clerk's Office to reach out to Councilmember Davis, chair of the Zoning and Annexation Committee, on behalf of 10 REGULAR MEETING May 13, 2019 Councilmember Broden's request, to find a time in the upcoming days to schedule the requested Committee meeting. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 7:56 p.m. 11