The URL can be used to link to this page

Home My WebLink About12-09-13 Common Council Meeting Minutes REGULAR MEETING DECEMBER 9, 2013 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, December 9, 2013 at 7:00 p.m. The meeting was called to order by Council President Derek 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 th Fred Ferlic 4 District (late 7:03) 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 rd Absent: Valerie Schey 3 District OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy Mary Beth Wisniewski Chief Deputy Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Scott made a motion that the minutes of the November 25, 2013 meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF OPENINGS ON BOARDS AND COMMISSIONS Council Attorney Kathleen Cekanski-Farrand advised that the South Bend Common Council is accepting applications for upcoming appointments needed to be made by the Council to the following Boards and Commissions: Animal Control Commission, must be a licensed veterinarian; Human Rights Commission; MBW/WBE Utilization Board; Redevelopment Commission; Urban Enterprise Association, one (1) appointment must be a business owner in UEA Area ; and one (1) appointment must be a resident in UEA Area who is also a Republican. Completed applications must be received by the Office of the City Clerk by noon on Tuesday, December 31, 2013, with interviews being scheduled in early 2014. (Dr. Ferlic present) NDRD MOTION TO RE-SET PUBLIC HEARING 2 & 3 READINGS ON BILL NO. 62-13 TO THE SPECIAL COMMON COUNCIL MEETING TO BE HELD ON DECEMBER 16, 2013 AT 5:00 P.M. Councilmember White made the motion. Councilmember Scott seconded. The motion carried by a voice vote of eight (8) ayes. 1 REGULAR MEETING DECEMBER 9, 2013 RESOLUTION NO. 4303-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING AND CONGRATULATING THE MICHIANA POP WARNER LITTLE SCHOLARS JR. PEE WEE BULLDOGS FOR WINNING THE NORTHERN INDIANA POP WARNER DIVISION 3 STATE CHAMPIONSHIP Whereas, the South Bend Common Council notes that Pop Warner Little Scholars, Inc. is a non-profit organization dedicated to providing opportunities for youth football in 42 states and many countries around the world and is the only national youth sports organization which requires scholastic aptitude to participate in developing life skills both on and off the football playing field; and Whereas, Pop Warner Little Scholars, Inc. has over 425,000 youth involved ranging from 5 years of age to 16 years of age and is the largest youth football program in the world which is dedicated to developing “well-rounded young men…who learn not only the fundamentals of football…but also the importance of education in an atmosphere conducive to developing sound character while having a good time; and Whereas, the Pop Warner Little Scholars is named after Glenn Scobey “Pop” Warner (1871-1954) who was the Cornell University Football Team Captain, later coached for the University of Georgia Bulldogs as their Head Football Coach where he earned $34 per week, coached at Cornell University, Carlisle Indiana Industrial School, University of Pittsburgh, Stanford University and Temple University earning a career college football record of 319-106- 32; coached four (4) National Championship Teams; and was inducted into the College Football hall of Fame as a coach in 1951; and Whereas, the Michiana Pop Warner Little Scholars Jr. Pee Wee Bulldogs are a Division 3 Team ranging in age from 8 to 12; played against teams from Chesterton, Boon Grove, Valparaiso and Michigan City; went 11-0 and won the Northern Indiana Pop Warner Division 3 State Championship at Merrillville High School on November 2, 2013, with their undefeated regular season and post-season play of outscoring their opponents by a margin of 319 to 34; and Whereas, the South Bend Common Council proudly recognizes the players, coaches and Team Mom of the 2013 State Champion Michiana Pop Warner Little Scholars Jr. Pee Wee Bulldogs: # 1 Kobe Luster # 2 Nathan Tolley # 3 Jay Luster # 7 Anthony Gomez #10 D’arjon Lewis #11 Michael Rodomille #13 Anthony Figuerora #23 Jeremiah Love #25 Robert Saunders, Jr. #35 Dante Galaviz #42 Joey Rutten #44 Sidney Jefferies #52 Kobe Luuga #54 Jonathan Forbes #68 Brayden Jellison #71 Elias Connely #72 Jayden Barnes #76 Christian Jackson #77 Isaiah Hubbard #81 Dasan Randles #85 Joseph Gomez #88 Jalan Thomas #90 Michael McSorley #99 Gage Luuga Head Coach Dan Brassell Asst. Leo Coley Asst. Preston Morris Asst. Mark Riggle Asst. Jonathon Thomas Asst. LaVarr Luster Asst. Seabee Luuga Asst. Zachary Jellison Team Mom Elisabeth Rutten Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council is honored to publicly commend and congratulate the student-athletes, coaches and team mom of the 2013 Indiana State Champion Michiana Pop Warner Little Scholars Jr. Pee Wee Bulldogsfor a great winning season. Section II. The Council thanks all of the parents, friends and coaches of the Michiana Pop Warner Little Scholars Jr. Pee Wee Bulldogs for their guidance in providing leadership and guidance, as well as a great opportunity to build character and the appreciation for hard-work in developing skills and talents while having fun. 2 REGULAR MEETING DECEMBER 9, 2013 Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Tim Scott, 1 District s/Oliver J. Davis, 6 District nd s/Henry Davis, Jr., 2 District s/Derek D. Dieter, At Large rd s/Valerie Schey, 3 District s/Gavin Ferlic, At Large th s/Dr. Fred Ferlic, 4 District s/Karen L. White, At Large th Dr. David Varner, 5 District Kathleen Cekanski-Farrand, Attorney th Attest: Approved this 10 day of December, 2013 s/John Voorde, City Clerk s/Pete Buttigieg, Mayor of South Bend Councilmember Tim Scott made the presentation for this Resolution by reading it in its entirety and presenting it to the members of the Michiana Pop Warner Little Scholars Jr. Pee Wee Bulldogs. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember’s Henry Davis Jr., Dr. Fred Ferlic, Oliver Davis, Gavin Ferlic, White, and Dieter offered comments and congratulated the members of the Bulldogs on their championship. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CITY CONTROLLER MARK NEAL Councilmember Oliver Davis welcomed two members of the Elkhart City Council, President, thth Mr. Ron Troyer, 4 District and Mr. Brent Curry, 5 District. REPORTS OF CITY OFFICES – MAYOR PETE BUTTIGIEG There were no reports of city offices at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:14 p.m. Councilmember White made a motion to resolve into the Committee of the Whole. Councilmember Henry Davis 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. 65-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 4-21 ENTITLED BUSKERS AND SIDEWALK PERFORMERS Councilmember Varner, Chairperson, Personnel & Finance Committee reported that this Committee held a joint meeting with the Health & Public Safety Committee on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. 3 REGULAR MEETING DECEMBER 9, 2013 Councilmember Tim Scott made the presentation for this bill; he presented a power point presentation. He advised that “busking” is considered today to be “artistic free speech” and has been distinguished from panhandling and begging. Busking in public places may be constitutionally regulated by reasonably addressing “time, place and manner: in the government’s interest to maintain public safety, order, welfare and convenience. Such restrictions must be narrowly tailored and “…must not be based on the content of the message: but rather must “serve a significant governmental interest, and must leave open ample alternatives for communication.” He stated that the application must be filed with the Office of the City Controller and a permit cost of $20.00 per calendar year must be paid. Spots are first- come basis. He stated that South Bend’s Downtown Central Business and Entertainment Area if successful may be expanded to other parts of South Bend. He stated that they will review no later than August 1, 2014 for expansion. He noted that no equipment or items may obstruct the safe movement of pedestrians, no blocking the site vision of drivers, no stages or platforms. No equipment or items shall be left unattended by the busker Permit Non-Transferable. No blocking the passage of the public on the sidewalk. Police may disperse any obstruction of passageway. No merchandise for sale. No use of extension cords, but may use battery-powered mikes & speakers so long as such equipment is used in compliance with South Bend Municipal Code §3-8 addressing “Advertising with music for commercial purposes prohibited” and South Bend Municipal Code §3-57 addressing “unreasonable noise.” He stated that busking can take place Monday – Thursday from 8:00 a.m. to 9:00 p.m., Weekends – Friday – Sunday from 8:00 a.m. to 11:00 p.m. Days excluded from Performing: Annual special events taking place in the Central Business. The permit must be prominently displayed while performing. Other events requiring the use of sidewalks in the Area take precedence over buskers and sidewalk performers. Buskers may accept monetary donations while performing. Solicitation is not done in an aggressive manner which recklessly interferes with pedestrian safety and/or vehicular traffic. No performance within twenty feet (20’) of any street corner, marked crosswalk, building entrance, driveway, curb cut, outdoor eating area, emergency exit and not perform less than 50’ from stnd another busker. Penalties are $100.00 for the 1 Violation; $250.00 for the 2 Violation; and rd $500.00 for the 3 violations thereafter. Payment of penalties up to two hundred fifty ($250.00) shall be made through the Ordinance Violations Bureau. Failure to make payment within thirty (30) days of the issuance of the citation shall result in a late fee of an additional fifty dollars ($50.00) for every thirty (30) days it remains unpaid. Councilmember Scott asked the Council for their favorable consideration. 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 Jr.: Tim thank you for your presentation. 20’ away from the front door, my recollection of all the downtown and where the traffic actually happens is usually down Michigan Street. Will being 20’ away from the door that will make is virtually impossible for folks to perform where the traffic is actually at. So where do you have in mind where these folks would have the opportunity to play their instruments or do their performances. Because all that is like store front all the way through actually. Councilmember Scott: 20’ if you went just north just of the Chocolate Café there are plenty of spots along there. Just around the corner at Washington, there’s the small park at Jefferson & Michigan. I think that there are plenty of areas throughout the city or throughout the Central Business District. Councilmember Henry Davis Jr.: Okay, is it first come first serve basis and this is a question about people being attached to certain areas or corners. We talked earlier about how there are already people out doing this and a fee being attached to it or something that we are looking at but if I am used to this corner do I get it when I want to have it or just when I show up. Councilmember Scott: No, when you show up for that day. Councilmember Henry Davis Jr.: And the $20.00 fee goes to what? I’m mean obviously for the permit but who collects that fee and what fund is that going to? Councilmember Scott: Controller’s Office collects the fee; the fee goes into the general fund. 4 REGULAR MEETING DECEMBER 9, 2013 Councilmember Henry Davis Jr.: Is there any way that we could potential earmark that money maybe for Downtown South Bend for more programming or earmark it for more enforcement of this law. I just don’t like it going to the general fund and getting swallowed up. Maybe there is an opportunity to earmark it for something that could potentially enhance. Councilmember Scott: It isn’t something that I thought of that might be a consideration. I think what we could do is reassess in August and take that into consideration. Councilmember Henry Davis Jr.: Okay, my last question. I still have an issue, a concern with the level of enforcement of this. I just know I need to feel comfortable in the level of enforcement. So how many officers are going to be available, how often do they walk the beat in that area, how often will we see the DTSB ambassadors? I am really uncomfortable with that aspect more than anything else, it’s just the level of enforcement, granted we have had our share of problems with pan handlers and homeless folks, just etc. and this could potentially help downgrade or solidified that perception is out there about downtown South Bend. Councilmember Scott: I will ask Aaron Perri to comment or Joel to comment as well. My thought is right now busking is kind of in limbo, there is nothing on the books that says you can do it or you can’t do it. If we strictly enforced it then it would be considered part of the panhandling. Because if someone collected money so I think in the good spirit of the artistic endeavor that people who are interested in doing this, the $20.00 fee puts the guidelines out there exactly what they want to do and also I think the guidelines are needed to be there so people who come downtown have a good experience, so you know there are limitations and guidelines and what they can do, so we want people to have a good experience. We want the artist’s to have a good experience and we don’t want any gray area to spell out between panhandling and busking. And Joel, maybe you can speak a little bit. I’ve talked to the Police Chief and also DTSB about their support for this as well and their support to be able to enforce any panhandling issues. Joel Barrett, 1122 Allen Street, South Bend, Indiana: As the General Manager of the Ambassador Program from DTSB. The Ambassadors are trained to deal with all kinds of people who come downtown. Anything from someone who belongs there to a nuisance people that may be down there, we deal and we have people on staff 24/7 and I have ambassadors that are on duty like I said all hours of the day anywhere from 1 to 5 ambassadors, 6 at different times. What we typically do is we are usually the first ones to see anything that is happening downtown so, my ambassadors have learned how to approach people, ask a few questions, find out if it’s somebody that doesn’t belong down there, we generally ask them to move on, usually that works, if it doesn’t then the second course, we will usually go and have a very close relationship with the Police Department, give them a call, they are always very responsive. And we take care of these problems pretty quickly, I view the busker as a real asset to downtown South Bend, I don’t see that as being a lot of problem potential there. I think actually it would prohibit or discourage some of if there were a panhandling issue going on, I think having someone out there playing music, I think that would discourage the panhandling issues that we sometimes have. But I would just like to assure that ambassadors deal very closely with the police department and know how to deal with the people who come downtown. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Aaron Perri, DTSB, 217 S. Michigan Street, South Bend, Indiana: DTSB is extremely supportive of this bill that is in front of you. We’ve talked to all the business owners in downtown from the large businesses, the banks, and the law firms all the way down to the small coffee shops so on and so forth. They have provided some great input to an already nice piece of legislation that Tim has worked on and I know he has benchmarked many a city where this has been quite successful and vibrant for the downtown. Those business owners provided some feedback that helps strengthen the bill and we are enthusiastic about the vibrancy that all kinds of performance art will add to the streets of downtown. Christopher Huff, 1831 College Street, South Bend, Indiana: I am very much in favor of this ordinance as our Council Representative indicated it’s not regulated at all, what is regulated downtown on the streets is something very negative, perceived by the public as very negative and those are panhandlers. This is something very positive the more positive energy downtown 5 REGULAR MEETING DECEMBER 9, 2013 the better off our community is going to be. Many successful communities, quality communities in this country allow this sort of function and virtually every city in Europe, if anybody’s been over there, they all do it everywhere. It is very high quality stuff and has done very, very well. So the more energy downtown the better. Thank You. There being 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 as substituted. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 68-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING HAZARDOUS MATERIALS AND TACTICAL RESCUE TEAM Councilmember White, Chairperson, Health & Public Safety Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Operations Chief Jim Lopez, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Lopez advised that this bill would allow for the increase in user fees for both the Hazardous Materials Team and the Tactical Rescue Team, which were originally established in 1998, and have never been adjusted. He stated that the user fees for both of these specialized teams are requested to go from the basic fee of $2,400 to $3,000; with the per hourly rate after four (4) hours of service requested to go from $660 to $825 per hour. Mileage for responses outside of the City limits is also requested. So that the Common Council may be regularly updated, quarterly reports from the Fire Department would also be submitted, detailing number of runs by each team, amount billed, amount collected and other recommendations. He noted that failure to pay for billed services with sixty days (6) of being invoiced as governed by state law, as well as collection of attorney fees, have also been included. He asked the Council for their favorable consideration. 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, Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 69-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4-44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4-51 AND BY SECONDHAND STORES REGULATED IN SECTION 4- 53 6 REGULAR MEETING DECEMBER 9, 2013 Councilmember Dieter made a motion to continue this bill until the January 13, 2014 meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Council Attorney Kathleen Cekanski-Farrand: For the benefit of the Council, immediately after the close of all the standing committees this afternoon I had a conversation with Police Chief Teachman and there are various items that we would like to further improve the recommendation that you have given us. So with that additional time we will be able to have that substitute. BILL NO. 71-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $90,000 FROM PARKS & RECREATION FUND (#201), $16 FROM DEPARTMENT OF COMMUNITY INVESTMENT GRANT FUND (#213), $675,000 FROM LIABILITY INSURANCE & PREMIUM RESERVE FUND (#226), $750,000 FROM LOSS RECOVERY FUND (#227), $37,378 FROM HUMAN RIGHTS GRANT FUND (#258), $30 FROM ECONOMIC DEVELOPMENT REVENUE BOND FUND (#281) $450,000 FROM EMS CAPITAL IMPROVEMENT FUND (#288), $475,000 FROM COUNTY OPTION INCOME TAX FUND (#404), $700,000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711) Councilmember Varner, Chairperson Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. 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 during the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. Based on that year-end review, this bill is submitted for the Council’s favorable approval. 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, Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 7 REGULAR MEETING DECEMBER 9, 2013 BILL NO. 72-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $294,344 FROM SOLID WASTE FUND (#610), ($84,000) FROM SOLID WASTE DEPRECIATION FUND (#611), $418,872 FROM SEWAGE WORKS GENERAL OPERATIONS FUND (#641), ($418,872) FROM SEWAGE WORKS CAPITAL FUND (#642), $13 FROM 2006 SEWER BOND FUND (#645), $63 FROM 2007 SEWER BOND FUND (#647), $699 FROM CLAY SEWAGE WORKS OPERATIONS FUND (#650), $113 FROM 2007B SEWER BOND FUND (#651), $331 FROM 2010 SEWER BOND FUND (#658), ($2,100,000) FROM 2013 SEWER BOND FUND (#663) AND $215 FROM 2013 SEWER REFUNDING BOND FUND (#664) Councilmember Varner, Chairperson Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. 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 for the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. Based on those year-end reviews this bill is submitted for the Council’s favorable approval. 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, Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 73-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013 Councilmember Varner, Chairperson Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. 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 it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted budget and propose necessary adjustments during the middle of the year and at year end. Based on our year-end review, we are submitting the enclosed ordinance for transfers between various departments and cost categories with the same fund for Council’s consideration. Mr. Neal advised that no additional appropriation is requested in this ordinance. He asked the Council for their favorable consideration. 8 REGULAR MEETING DECEMBER 9, 2013 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, Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 74-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2013 SALARY ORDINANCE NO. 10199-12 FOR APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA TO ADDRESS CERTAIN ZOO EMPLOYEE COMPENSATION Councilmember Varner, Chairperson Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. 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 this bill would amend the 2013 Non-Bargaining Employee and Office Salary Ordinance No. 10199-12 passed by the Common Council on October 29, 2012. The amendment is a new Section “V” addressing special compensation payable to Potawatomi Zoo employees. Mr. Neal stated that this ordinance makes no adjustments in the salaries that were fixed in the 2013 Non-bargaining Salary Ordinance. However, the City is in the process of entering into a public/private partnership agreement with the Potawatomi Zoological Society for operation of the Potawatomi Zoo. The agreement is expected to be approved by the Park Commission around December 16, 2013. As a result certain current employees of the City will become employees of the Society. Because this will result in cessation of their rights and privileges as public employees under the Public Employees Retirement Fund “PERF”, the agreement will provide certain unique final compensation to these employees who are affected by the agreement. Upon approval of the agreement those employees who will cease being employees of the City of South Bend shall be entitled to receive a one-time payment equal to all accrued, unused vacation and sick pay as of the date of change in their employment status. Mr. Neal also noted that such affected employee with less than ten years of PERF qualified City service shall further be entitled to receive a sum equal to Seven Hundred Fifty Dollars per year ($750.00) for each such year of service as an employee of the City of South Bend, pro-rated for any partial year of City employee service. He asked the Council for their favorable consideration. 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, Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 75-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING 2014 SALARY ORDINANCE #10266-13 FOR APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND 9 REGULAR MEETING DECEMBER 9, 2013 Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner, Chairperson Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. th Mr. 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 on October 30, 2013 the Council adopted Ordinance No. 10266-13 which sets out the salaries and wages of appointed officers and non-bargaining employees of the City of South Bend for calendar year 2014. Since the passage of Ordinance No. 10266-13, three errors have been discovered in the detail sheet attached to and incorporated by reference into the 2014 Non-bargaining Salary Ordinance under Section I. This ordinance corrects the detail sheet. The errors do not affect the total sums appropriated by Council for payment of salaries in 2013, nor do they require any increase or adjustment in specific salaries, and two are merely scrivener errors. He noted that all other terms and conditions of the 2014 Non-bargaining Salary Ordinance shall be unaffected and remain in full force and effect. He asked the Council for their favorable consideration. 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 substituted, Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 76-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE LEGAL DESCRIPTION AND MAP WITHIN ORDINANCE NO. 10165-12 TO EXPAND THE BOUNDARIES OF THE EXISTING RIVERFRONT DEVELOPMENT PROJECT AREA UNDER IND. CODE 7.1-3-20-16 Councilmember Gavin Ferlic, Chairperson, Community Investment Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Chris Dressel, Planning Team, Community Investment Department, 14 Floor, County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Dressel advised that this is an ordinance amending the legal description and map within Ordinance No. 10165-12 to expand the boundaries of the existing Riverfront Development Project Area. This Riverfront Development Project Area enables businesses within the boundaries of the area to acquire three way liquor licenses at a substantially reduced cost. Mr. Dressel noted that to date, since the South Bend Common Council first passed the ordinance last year establishing the Riverfront Development Project Area, it has led to the issuing of six licenses and helped leverage economic development within the development of more dining and cultural opportunities to South Bend. 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 what the vacancy rate was. 10 REGULAR MEETING DECEMBER 9, 2013 st nd Aaron Perri: 12% vacant, 88% occupied for 1floor store fronts; and 74% occupied for 2 floor store fronts. The following individuals spoke in favor of the bill: Rami, I am sorry for you having to listen to the presentation one more time. We are located on 1302 High Street that is closest to when Lincolnway and the Farmer’s Market. This bill would help us immensely. If you allow me I will just go through what we have been doing the last three (3) years. Maybe that would help. The building is 33,000 square feet of space, when we started the whole point was to see if we could do something that would be sustainable, but in a way, the people working there are able to keep sustainable. We try to keep everything in house and going steadily and growing slowly and getting somewhere eventually. We started our performance aspect 3 ½ years ago, since then we have 65 shows, 150 artists, local regional, national, international, we average about a show every two to three weeks. We have a theatre component, we have had six productions, averaging about in theatre for 2 ½ years, one every 5 months. We have a gallery series, galleries that we opened up about a 1 ½ ago and have since had four (4) exhibits, two local artists, solo shows and one (1) international artist show and a community gallery which included the first members of the community to present pieces of art. We presently incubate six (6) small businesses, 2 yoga studios, a dance troupe, dance instruction, and coffee roasters and café, we also house our sister not-for-profit arts & arts education. We have eleven (11) d/b/a’s doing business as, paper makers, opera singer and there is community space for fund raiser for other not-for-profit organizations for schools, churches and have had all sorts of gatherings; three wedding receptions, two wedding rehearsals, and one wedding. The reason why this would immensely help us that we could put things into perspective with our concert series, since our inception, we have paid over $13,000 in permits and police presence for every show. Our offerings would expand greatly if we have the ability to offer alcohol without having to go through the arithmetic and people showing up to the permits etc. The other thing is that most of our shows are all ages; in fact all our shows are all ages. Our approach to the whole idea of alcohol is not really to open up another tavern or whatnot, but it is something that would give us more for what we need to do. Just by way an example we hosted green drinks two years ago, a year and half ago, we could do more of that if we had the ability to serve the alcohol. So we really like the idea. Christopher Huff, 1831 College Street, South Bend, Indiana, by proactively changing ordinances such as this simple (inaudible) which are based on what is basically solid business drivers and functions. We welcome and open our arms to yet an even greater variety of interesting businesses and interesting functions within our city center. Again adding more synergy to our community, so this proposal as I see is strategically a good way to keep the doors wide open to good investment downtown. Daniel L. Gates, Jr., 1009 Lincolnway East, South Bend, Indiana & Michael Lochmondy, 22922 Adams Road, South Bend, read a letter into the record: December 9, 2013, Councilmembers: We are here regarding our intentions to open a new business venture at 1009 Lincolnway East in South Bend, Indiana. I Dan Gates have owned that property since 2007 and operate Bridge Staffing, Inc. there currently. For the past year, Mike Lochmondy and I have been looking for an ideal location to open a winery in St. Joseph County. After hearing the news of the “Crooked Ewe” opening a microbrew pub at the previous VFW building adjacent to my property; the construction of “The Brick” across the river, and the location of the Farmer’s Market, we could not think of a better location than my current property at 1009 Lincolnway for our venture. Our vision will be to bring a positive atmosphere to the area and overall community. Our signature wines will be the core of our business. We do realize that wine alone will not appeal to all of our patrons and thus we would like to offer a selection of beer, wine and spirits to accommodate all of our guests. I would be looking to the City of South Bend to expand the current boundaries of the Municipal Riverfront Development District to include my property located at 1009 Lincolnway East. It would be our intention to demolish the current structure and build a new facility on the site for our new venture. The planned building would be a two story with rooftop 11 REGULAR MEETING DECEMBER 9, 2013 seating, a deck overlooking the river, and a patio. We see this venture as inviting to the residents of the City of South Bend as well as a believed draw for the patrons in Mishawaka and other neighboring municipalities. A custom designed facility featuring a wine-making area, bar, kitchen, private event room(s), and works from local art enthusiasts will add a tasteful and elegant touch to our growing district and eastern gateway. Please consider adding our location to your district as we feel offering a full bar is critical and essential to our success. Thank you for the opportunity to present our favorable position for this proposed expansion of the Municipal Riverfront Development District. This expansion would be a major motivation in the pursuit of our venture. Best, Daniel L. Gates, Jr; Michael Lochmondy. Aaron Perri, Downtown South Bend, 217 S. Michigan Street, South Bend, Indiana, I would like to add that this has been a successful piece of legislation in that perspective in downtown South Bend. I chair the River Front Development District licensing committee and it has been a very smooth process and thank you for your support of that. First time around and thank you for your consideration this time around. Councilmember Henry Davis Jr., stated that he wanted to make clear that he understands that people want South Bend to being hip & cool but not to forget that South Bend needs to be a family environment as well. There being 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 Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 67-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE FINAL INTERFUND LOAN AMORTIZATION SCHEDULES FOR MAJOR MOVES FUND 412 ADVANCES TO THE NORTHEAST RESIDENTIAL TIF FUND 436 IN CONNECTION WITH THE EDDY STREET COMMONS AND TRIANGLE DEVELOPMENT PROJECTS Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th John Murphy, Deputy City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Murphy advised that this bill would allow for the revision of Major Moves Fund Interfund Loan Amortization Schedules with the Northeast Residential TIF Fund for the Eddy Street Commons and Triangle Development projects. The costs paid by Major Moves are being repaid by the Northeast Residential TIF Fund according to amortization schedules and these schedules were based on maximum allowable expenditure limits. The final costs paid by Major Moves are now know and were $3,942,529 for Eddy Street Commons and $1,513,920 for the Triangle Development. Therefore, City Administration desires to amend the inter fund loan amortization schedules currently in effect to reflect the actual amounts paid. The interest rate charged and other terms have not changed. Mr. Murphy asked for the Council favorable consideration. 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 substituted, Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 12 REGULAR MEETING DECEMBER 9, 2013 RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of eight (8) 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 8:53 p.m. Council President Derek Dieter, presided with eight (8) members present. BILLS - THIRD READING Dr. Ferlic left the chambers at this time. ORDINANCE NO. 10274-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 4-21 ENTITLED BUSKERS AND SIDEWALK PERFORMERS This bill had third reading. Councilmember White 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 seven (7) ayes. Additionally, Councilmember Oliver Davis made a motion to pass this bill as amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 10275-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING HAZARDOUS MATERIALS AND TACTICAL RESCUE TEAM This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. Councilmember Dr. Fred Ferlic present. ORDINANCE NO. 10276-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $90,000 FROM PARKS & RECREATION FUND (#201), $16 FROM DEPARTMENT OF COMMUNITY INVESTMENT GRANT FUND (#213), $675,000 FROM LIABILITY INSURANCE & PREMIUM RESERVE FUND (#226), $750,000 FROM LOSS RECOVERY FUND (#227), 13 REGULAR MEETING DECEMBER 9, 2013 $37,378 FROM HUMAN RIGHTS GRANT FUND (#258), $30 FROM ECONOMIC DEVELOPMENT REVENUE BOND FUND (#281) $450,000 FROM EMS CAPITAL IMPROVEMENT FUND (#288), $475,000 FROM COUNTY OPTION INCOME TAX FUND (#404), $700,000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711) This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10277-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2013 OF $294,344 FROM SOLID WASTE FUND (#610), ($84,000) FROM SOLID WASTE DEPRECIATION FUND (#611), $418,872 FROM SEWAGE WORKS GENERAL OPERATIONS FUND (#641), ($418,872) FROM SEWAGE WORKS CAPITAL FUND (#642), $13 FROM 2006 SEWER BOND FUND (#645), $63 FROM 2007 SEWER BOND FUND (#647), $699 FROM CLAY SEWAGE WORKS OPERATIONS FUND (#650), $113 FROM 2007B SEWER BOND FUND (#651), $331 FROM 2010 SEWER BOND FUND (#658), ($2,100,000) FROM 2013 SEWER BOND FUND (#663) AND $215 FROM 2013 SEWER REFUNDING BOND FUND (#664) This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10278-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2013 This bill had third reading. Councilmember Scott made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10279-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE 2013 SALARY ORDINANCE NO. 10199-12 FOR APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA TO ADDRESS CERTAIN ZOO EMPLOYEE COMPENSATION This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. 14 REGULAR MEETING DECEMBER 9, 2013 ORDINANCE NO. 10280-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING 2014 SALARY ORDINANCE #10266-13 FOR APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND This bill had third reading. Councilmember Scott 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 seven (7) ayes. Additionally, Councilmember Oliver Davis made a motion to pass this bill as amended. Councilmember Gavin Ferlic seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10281-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE LEGAL DESCRIPTION AND MAP WITHIN ORDINANCE NO. 10165-12 TO EXPAND THE BOUNDARIES OF THE EXISTING RIVERFRONT DEVELOPMENT PROJECT AREA UNDER IND. CODE 7.1-3-20-16 This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 10282-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE FINAL INTERFUND LOAN AMORTIZATION SCHEDULES FOR MAJOR MOVES FUND 412 ADVANCES TO THE NORTHEAST RESIDENTIAL TIF FUND 436 IN CONNECTION WITH THE EDDY STREET COMMONS AND TRIANGLE DEVELOPMENT PROJECTS This bill had third reading. Councilmember Oliver Davis made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 4304-13 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 5117 S. IRONWOOD DRIVE, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. 15 REGULAR MEETING DECEMBER 9, 2013 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 5117 S. Ironwood Drive, South Bend, Indiana 46614 in order to permit: a 158-foot wireless telecommunications tower at the 4-H Fairgrounds with an aggregate access drive. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21- 09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The 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 Dr. Fred Ferlic, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send to the full Council with a favorable recommendation. Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. He advised that the petitioner is seeking a special exception to allow a 158’ co-location communications tower in a “SF1” District, on property located at 5117 S. Ironwood Drive. He stated that the Area Board of Zoning held a public hearing on November 6, 2013 and sends it to the Common Council with a favorable recommendation. Shane Hennessy-York, Insite Inc, 2210 Midwest Road, Suite 213, Oak Brook, IL, made the presentation for this bill. 16 REGULAR MEETING DECEMBER 9, 2013 Mr. Hennessy-York advised that they are seeking a special exception to allow a 158 foot wireless telecommunications tower at the 4-H Fairgrounds with an aggregate access drive. He asked the Council for their favorable consideration. 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 Scott made a motion to adopt this Resolution. Councilmember Gavin Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 4305-13 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 1020 WEBSTER STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: (1020 Webster Street, South Bend, Indiana) in order to permit: The Approval of a Special Exception to allow for the operation of a Resource Recovery facility/Transfer Station for property located at 1020 Webster Street in South Bend, Indiana per Section 21-04.02(A)(2)(B)(D) of the City of South Bend Zoning Ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 17 REGULAR MEETING DECEMBER 9, 2013 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21- 09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The 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 Dr. Fred Ferlic, Chairperson, Zoning & Annexation 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. Mr. Mark Lyons, Assistant Zoning Administrator, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a special exception to allow resource recovery facility/transfer station in a “GI” District, on property located at 1020 Webster Street. He stated that the Area Board of Zoning Appeals held a public hearing on November 6, 2013 and sends it to the Common Council with a favorable recommendation. Mr. Stephen Studer, 4101 Edison Lakes, Mishawaka, Indiana, made the presentation for this bill. Mr. Studer advised that they are requesting the approval of a special exception to allow for the operation of a Resource Recovery Facility Transfer Station at 1020 Webster Street. He stated that they would use the existing buildings and the areas to the northeast of the existing buildings and the south part of the site would be used for outside storage. They plan to add fencing along those portions of the perimeter of the property to tie to the existing fencing to secure the property. The transfer of recyclable materials will occur in the existing building located along the east side of the site. There would be no storage of recyclable materials outside exposed to the elements. Also, there would be no processing of any recyclable materials on the property. All materials would be transferred from one truck to another within the east building. He stated they plan to add a weigh station north of the existing main building. The main building will house the offices for the facility. He asked the Council for their favorable consideration. 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 Varner made a motion to adopt this Resolution. Councilmember Gavin Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 13-76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1106 GEORGIANA STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE- YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KEVIN AND KELLEY DEETH 18 REGULAR MEETING DECEMBER 9, 2013 Councilmember Oliver Davis made a motion to strike this bill from the agenda at the request of the petitioner. Councilmember Henry Davis Jr. seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4306-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1028 NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE- YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARIA JOSE FERNANDEZ MORENO & FRANCISCO DE ASIS MARTINEZ JEREZ WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1028 Notre Dame Avenue, South Bend, Indiana, and which is more particularly described as follows: That part of the Northwest Quarter Section 1, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is described as Lot “B” as shown on the Plat of Boyd-Snee’s Subdivision, First Replat recorded June 13, 2012 in the Office of the St. Joseph County, Indiana Recorder as Instrument No. 1217686. Containing 0.19 acres more or less. Subject to all legal right-of –ways, easements, and restrictions of record. and this property has Tax Key Number 018-5105-370203be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently 19 REGULAR MEETING DECEMBER 9, 2013 occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council’s jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. 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 Franciso DeAsis Martinez Jerez, 80541 Ashford Lane, Granger, Indiana, made the presentation for this bill. Mr. DeAsis Martinez Jerez advised that they plan to construct an approximate 3,800 square foot, single-family home with four bedrooms, an office, a family and dining room, and a two-car garage. The cost of the home is expected to be $550,000. Total taxes abated during the five (5) year abatement period are estimated to be $1,893. Total taxes to be paid during the five (5) year abatement period are estimated to be $34,827. He asked the Council for their favorable consideration. 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 Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 20 REGULAR MEETING DECEMBER 9, 2013 RESOLUTION NO. 4307-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 215 NORTH SYCAMORE STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (8) EIGHT-YEAR REAL PROPERTY TAX ABATEMENT FOR EAST BANK SOUTH BEND DEVELOPMENT LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 215 N. Sycamore St., South Bend, Indiana, and which is more particularly described as follows: LOT NUMBER 9 OF EAST BANK TOWNHOMES MINOR SUBDIVISION LOCATED IN THE NORTHWEST 1/4 SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND RECORDED AS INSTRUMENT NO 1100776 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA and which has Key Number 71-08-12-127-004.000-026 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; 21 REGULAR MEETING DECEMBER 9, 2013 E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5-3-1 and Indiana Code § 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. 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 Mr. Dave Matthews, 215 E. Colfax Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Matthews advised that he plans to construct a new 5 story multi-use building located on the st East Bank. The 16,000 square foot building will be 5 floors tall with parking located on the 1 floor. Commercial ground space is approximately 3,200 square feet. Each floor will contain a one bedroom apartment, a two bedroom apartment and a three bedroom apartment, totaling 12 residential units. The total estimated dollar value of the project if $2,500,000.00. He stated that total taxes to be abated during the five (5) year abatement period is estimated at $110,022.00. Total taxes to be paid during the five (5) year abatement period is estimated at $172,466.00. 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 Varner made a motion to adopt this Resolution. Councilmember Scott seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 22 REGULAR MEETING DECEMBER 9, 2013 RESOLUTION NO. 4308-131 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH TH BEND, INDIANA, COMMONLY KNOWN AS 1106 20 TH STREET, 1112 20 STREET AND 2007 NORTHSIDE BLVD. AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (9) NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR MECCA COMPANIES, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and th WHEREAS, a Declaratory Resolution designated the area commonly known as 1106 20 th Street, 1112 20 Street, and 2007 North Side Blvd., South Bend, Indiana, and which is more particularly described as follows: PARCEL I: Lot Numbered One (1) and a lot or parcel of land 38.35 feet in width, North and South, taken off of and from the entire length of the North side of Lot Numbered Two (2) all as shown on the recorded Plat of Riverview Subdivision in the City of South Bend, St. Joseph County, Indiana. PARCEL II: Lots Numbered Thirty (30) and Thirty-one (31) as shown on the recorded Plat of B.F. Dunn’s First Addition to the Town of River Park, now within and a part of the City of South Bend, St. Joseph County, Indiana, together with the vacated alley lying in between said lots. and which has Key Numbers 018-6135-4692, 018-6135,4694, and 018-6135-4696, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance’s and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (9) nine years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/ Derek D. Dieter Member of the Common Council Peter Agostino, Attorney, on behalf of Mecca Companies, Inc. made the presentation for this 23 REGULAR MEETING DECEMBER 9, 2013 bill. Mr. Agostino advised that Mecca Companies, Inc. intends to purchase the site from South Bend Heritage Foundation and Amir Pouya. Mecca Companies, Inc. is a real estate development firm located in Indianapolis that specializes in student housing projects. They plan to acquire and rehabilitate the Northside Terrace Apartments near the campus of IU South Bend. The site currently has 44 units. There are three buildings and one is vacant. They will modernize all three buildings and the vacant building will be completely reconfigured. After completion, the site will have 66 units. The land acquisition is $2,125,000 and the building improvements will be $3,700,000. Total taxes to be abated during the nine (9) year abatement period are estimated at $317,194. Total taxes to be paid during the nine (9) year abatement period are estimated at $1,157,920. Per the petition the project will create two permanent full-time and zero permanent part-time jobs within the first year representing a new annual payroll of $68,640 and will maintain zero existing permanent full time and zero existing part-time jobs. Mr. Agostino asked the Council for their favorable consideration. 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 Varner 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 eight (8) ayes. RESOLUTION NO. 4309-13 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 212-220 WEST EWING AVENUE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (7) SEVEN-YEAR REAL PROPERTY TAX ABATEMENT FOR DEMBY ENTERPRISES, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 212-220 West Ewing Avenue, South Bend, Indiana, and which is more particularly described as follows: Lots numbered four (4) through forty-eight (48), both inclusive, as shown on the recorded plat of Stover- Longley Addition to the City of South Bend as platted by Silas E. Longley and Burton H. Stover, which plat was recorded February 24, 1915 in Plat Book No. 9 at page 187 in the Recorder’s office of St. Joseph County, Indiana. Also the vacated alley lying South of Lots 4 to 8, inclusive, in said Stover –Longley Addition and the vacated alley lying East of Lots 28 to 46, inclusive, in said Stover-Longley Addition. Also the South half of the vacated alley lying North of Lot No. 9 in said Addition, also, the whole of vacated Victoria Street as shown in said Addition; also, the whole of vacated Lafayette Street lying between Ewing Avenue and Fairview Avenue in said Addition, excepting the West half of that part of Lafayette Street which lies East of Lot Numbered 3 and the North half of the vacated alley lying South of said Lot No. 3; the whole property herein considered being bounded by a line running as follows: Beginning at the North-west corner of Section 24, Township No. 37 North, Range No. 2 East; thence running South 1009 feet, thence East 384.7 feet to the West line of the right of way of the Vandalia Railway; thence North with the said right of way 1009 feet to the North line of said Section No. 24; thence West 383 feet to the place of beginning, excepting therefrom such part of said real estate as is now occupied by Ewing Avenue and Fairview Avenue in said city, excepting also a strip of land 7 feet in width, East and West, taken off from the entire length of the West side thereof, heretofore conveyed as the East half of a public alley and excepting also the following: Beginning at a point on the present South line of Ewing Avenue 7 feet East of the West line of said Section No. 24; thence running East 24 REGULAR MEETING DECEMBER 9, 2013 149 ¾ feet to the center of vacated Lafayette Street; thence South 107 feet to a point in line with the centerline of the alley lying between Lots 1,2,3 and 9 in said Stover-Longley Addition; thence West 149 ¾ feet to the East line of said Stover-Longley Addition; thence North 107 feet to the place of beginning. and which has Key Number 71-08-24-101-003.000-026 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for up to a period of seven (7) years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Derek D. Dieter Member of the Common Council Mr. Ben Silver, Co-Owner, Demby Enterprises, LLC, 1228 E. Jefferson Blvd. South Bend, Indiana, made the presentation for this bill. Mr. Silver advised that Demby Enterprises, LLC actively manages the real estate property. The real estate property is a cold storage warehouse facility. The real estate is currently eased to Plumrose USA. Plumrose occupies 100% of the facility. Plumrose is a bacon and processed meat manufacturer that uses the property for inventory management and distribution. Demby sustained a substantial fire loss in November 2012 rendering the property unusable for its intended use. The proposed project will not only rehabilitate the building but also allow for efficiencies and enhancements. New, state of the art mechanical and refrigeration equipment will be constructed to return the building to its intended use of being a cold warehouse storage and distribution facility. 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 Varner 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 eight (8) ayes. 25 REGULAR MEETING DECEMBER 9, 2013 RESOLUTION NO. 4310-13 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 4701 NIMTZ PARKWAY AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER INDUSTRIES, INC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 4701 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: A part of the Southeast Quarter (SE ¼) of Section 20 and part of the Southwest Quarter (SW ¼) of Section 21, Township 38 North, Range 2 East, situated in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Lots number ten (10) and eleven (11) as shown on the recorded plat of H.G. Baus Centre – Phase One, recorded March 16, 1995 as document Number 9507104 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Numbers 025-1010-036102 , be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. 26 REGULAR MEETING DECEMBER 9, 2013 SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community Investment, and the Community Investment Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (5) five years as shown by the attachment pursuant to Indiana Code 6-1.1-12.1-17. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. 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 Gavin Ferlic, Chairperson, Community Investment 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. Mr. Stan Blenke, Executive Vice President, Schafer Industries, Inc., 4101 Nimtz Parkway, South Bend, Indiana, made the presentation for this bill. Mr. Blenke advised that Schafer Industries recently received new business contracts from two existing customers that require the purchase of new equipment. The equipment consists of one CNC Gear Grinding Machine, one CNC Universal Cylindrical Grinding Machine with Automation, and one 75 ton hydraulic press. The estimated cost of the equipment is $1,400,000. Total taxes to be abated during the five (5) year abatement period are estimated at $12,917. New project taxes will be $120,451. Total taxes to be paid over five (5) years on the new and existing equipment are estimated at $1,033,899. It is estimated that the total project will create five (5) permanent, full-time and zero (0) permanent, part-time jobs within the first year, representing a new annual payroll of $176,800 and will maintain 78 existing permanent full-time and zero (0) existing part-time jobs representing an annual payroll of $3,500,000 for existing employees. 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 Varner 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 eight (8) ayes. 27 REGULAR MEETING DECEMBER 9, 2013 RESOLUTION NO. 4311-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR MORE DETAILED INFORMATION AND MULTIPLE OPTIONS FROM THE CITY ADMINISTRATION SO THAT THE COMMON COUNCIL HAS THE OPPORTUNITY TO MAKE THE MOST INFORMED DECISION POSSIBLE IN DETERMINING THE MOST “JUST AND EQUITABLE FEES FOR SERVICES RENDERED BY THE SEWAGE WORKS” Whereas, the South Bend Common Council notes that on December 29, 2011, the United States Attorney’s Office and the U.S. Environmental Protection Agency issued a news release from Hammond, Indiana, entitled “City of South Bend – Indiana Settlement” where they announced that the “City of South Bend, Indiana has agreed to make an estimated $509.5 million worth of improvements to its combined sewer system to significantly reduce overflows of raw sewage to the St. Joseph River…” which is now projected to cost approximately $667 million; and Whereas, that News Release noted that the combined sewer overflows (CSOs) resulted in the discharge of pollutants without a permit and therefore was in violation of Section 301 of the Clean Water Act, Title 33 United States Code § 1311; and Whereas, that New Release further noted that a Consent Decree was entered into which requires the City of South Bend to implement a Long Term Control Plan (LTCP) by 2031, which included upgrades to the wastewater treatment plant and improvements to the collection system, in light of the fact that “over 2 billion gallons of untreated sewage” was being discharged into the St. Joseph River [not noting that it was being diluted]; and would require the City to reduce by 95% the 80 event discharges to a total of four (4) event discharges ; and Whereas, no member of the South Bend Common Council was involved in the actual negotiations leading up to the Consent Decree; and Whereas, the South Bend Common Council acknowledges that the Indiana General Assembly has given the municipal legislative bodies the authority to “establish just and equitable fees for the services rendered by the sewage works and provide the dates on which the fees are due” pursuant to the passage of an ordinance consistent with Indiana Code § 36-9-23-25(a); and Whereas, on June 28, 2010, the South Bend Common Council passed Ordinance No. 10019-10 which became effective July 10, 2010, raised the sewer rates by an average of 9% per year, with the rates being codified into the South Bend Municipal Code in § 17-21; and Whereas, the Common Council notes that South Bend Municipal Code § 17-25 requires the City Administration to begin discussions with the Common Council by June of 2013 with regard to any revisions and adjustments of the sewage rates “to assure adequacy in the cost of maintaining the City Resolution on Sewer Rate Increase Considerations sewer works in sound physical condition and financial condition necessary to render adequate and effective service”; and Whereas, the sewage rates set forth in South Bend Municipal Code § 17-21 remain in effect until action is taken by the Common Council; and Whereas, on October 14, 2013, Bill No. 64-13 was filed by the City Administration which seeks to “adjust sewer rates and charges incrementally through 2017” and seeks another 9% rate increase compounded annually for the next four (4) years; Whereas, a series of Utilities Committee meetings have been held as part of the Council’s due diligence requirements in determining “just and equitable fees”; however discussions with the City Administration began well after the June date set forth in the City Code; and 28 REGULAR MEETING DECEMBER 9, 2013 Whereas, in light of the need for additional information and data on the proposed sewage rate increases, as well as what appears to be conflicting information provided by the Administration with regard to the over 60-page Consent Decree, Bill No. 64-13 was continued in the Council portion of the public hearing to January 27, 2014, so that the City Administration would have the opportunity to provide more detailed information and a variety of rate options for the Common Council to debate, analyze and consider; and Whereas, since the Consent Decree was entered into, there have been articles published noting that the EPA is “willing to consider renegotiating…Consent Decrees”, with one of those articles being published in the June 5, 2012 edition of the Governing magazine entitled “Mayors Question EPA Consent Decrees” where several Mayors contended that there is a “potential to cause financial stress for local governments and their residents”; and another article published on August 1, 2012 noting that the “tough economy might be making the agency more flexible”- with that information being specifically shared with the City Administration; and Whereas, the Common Council notes that some of the Consent Decrees which have resulted in modifications were based on new and relevant information which improved the remedies and were from the cities of Indianapolis, Indiana; Toledo, Ohio; Atlanta, Georgia; and Honolulu, Hawaii; and Whereas, the Common Council believes that the City of South Bend, Indiana, has taken substantial steps and taken many good faith efforts to upgrade the sewage treatment plant in the effort to reduce raw sewage discharges with the passage of rate increases such as those in 2003 of 24%, a 29% rate increase in 2005, a 15% rate increase for 2007, an 11% rate increase for 2009, and a 9% rate increase for each year thereafter through 2013; Whereas, the Common Council believes that all viable options should be investigated in light of the local economy and its impact on the ability to pay higher rates and charges; whether the most recent Resolution on Sewer Rate Increase Considerations population base was used which reflects a population loss; whether the Michigan water standards are required or optional; and other related issues, especially since no past or current Common Council Member was involved in the discussions leading to the Consent Decree being entered into by the City. Now, Therefore, Be It Resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The South Bend Common Council hereby believes that in order to “establish just and equitable fees for the services rendered by the sewage works…” that all reasonable options should be analyzed, carefully studied, and debated before moving forward on raising the current sewage rates set forth in South Bend Municipal Code § 17-21. Section II. The Common Council further believes that in order to carry out its statutory duties with the primary one being fiscal responsibility that all viable and legitimate options should be offered by the City Administration so that they may be properly vetted. Section III. The Common Council believes that an equitable sewer rate increase for the 2014 is warranted so long as it is based on current factual data, which is in compliance with the applicable provisions of the South Bend Municipal Code, the Indiana Code and the Consent Decree. However, the Common Council further believes that the City Administration should carefully review all possible alternatives including potential modification of the current Consent Decree, with that review beginning post haste, so that discussions between the Administration and the Council can begin in early January 2014. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Dr. David Varner, 5th District Council Member Member of the South Bend Common Council th s/Dr. Fred Ferlic, 4 District Council Member Member of the South Bend Common Council 29 REGULAR MEETING DECEMBER 9, 2013 s/Valerie Schey, Utilities Committee Chairperson Member of the South Bend Common Council s/Oliver J. Davis, Public Works Committee Chairperson, Member of the South Bend Common Council Councilmember Oliver Davis, Chairperson, Public Works and Property Vacation Committee reported that this committee along with the Utilities Committee held a joint meeting on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember Dr. David Varner, 1306 Clayton, Drive, South Bend, Indiana, made the presentation for this bill. Thank you Mr. President. The summary read by Mr. Voorde pretty well covers the concerns that we have as Councilmembers, concern not only about rates, but the concern about the future of the City of South Bend with regard to our competitiveness with regard to our water and sewer rates. In the event that as a result of a project or as a result of poor planning or the lack of planning or lack of adequate controls we find ourselves unable to land major industrial and development facilities because of our lack of the ability to treat the water or rates which would be so great people would not see us as a viable option. As a result of that I guess we have written a somewhat verb oust resolution but I think it was important to do that in order to get all the important things on the table. Councilmember Varner read the resolution in its entirety and stated that Councilmember’s Dr. Fred Ferlic, Valerie Schey and Oliver Davis are co-sponsors. A Public Hearing was held on the Resolution at this time. th Mayor Pete Buttigieg, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that he wanted to take this opportunity to convey that the administration appreciates and supports the spirit of this resolution from the Council. I recognized that the Council like the administration is trying to make sure that we meet two sets of goals. One is to make sure that we have good river quality, that we don’t have sewage going into the river more than can be avoided. That we don’t have water backing up in basements and that we are in adequate compliance with Federal Law. On the other hand, making sure that we keep rates as low as possible, and support that for two reasons: First, the affect that it has on residents, particularly low income residents in the City of South Bend. And secondly, making sure that we remain competitive. I do applaud the work that the public works team has done to devise plans that would position South Bend in a competitive context among peer cities. Also recognize that more can be done. So we want to continue to seek ways to drive the future anticipated cost of this program down specifically through two paths. One having to do with technology and value engineering in order to drive down total cost, the second having to do at appropriate times with revisiting a negotiated agreement with the federal government that lays out our commitments and requirements. Precisely in order to keep rates low, we believe that we need to make sure that we are acting at an appropriate time. Recognizing that there are some elements in the plan which take place relatively far into the future and are especially sensitive to possible future technological developments. While there are other elements in the plan involving upgrades to the waste water treatment plant and other sewer upgrades that need to take place soon, and need to take place no matter what and need to be financed adequately. Bearing in mind that adequate action now maybe the best thing we can do to make sure those rates in 2, 4, 6 or ten years don’t wind up being higher than they need to be. And in particular making sure that we have as our share name insuring that we do not again see over the life of this kind of plan the kind of double digit rate increases that the presenter mentioned that have been experienced by the city. We recognize that there are many ways to meet our goals and the administration welcomes the dialogue that is unfolding between the Council and our Public Works staff on costs, technology, engineering, the financing and many alternatives that may be available over the life of this program. I think that we all recognize that doing nothing is not an option and I think that we can all recognize that doing something together is the opportunity for us. Thank you. Dr. Ferlic: I would just like to state to the public that this consent decree was signed in 2011 before the current administration came aboard or the current Council. So I have been very pleased with the receptiveness of Mark Neal and Eric Horvath and especially under the 30 REGULAR MEETING DECEMBER 9, 2013 leadership of Dave Varner as far as communication on this $600 million dollar project, which has to be reined in. So I just wanted to compliment both negotiating teams. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Ferlic 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 eight (8) ayes. BILLS - FIRST READING BILL NO. 78-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2013 OF $500,000 FROM SELF- FUNDED EMPLOYEE BENEFIT FUND (#711) This bill had first reading. Councilmember Scott made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading at the December 16, 2013 Special Meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 79-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF HILDRETH STREET FROM THE EAST RIGHT OF WAY OF ESTHER STREET TO THE END OF THE EXISTING CUL-DE-SAC FOR A DISTANCE OF 460 FEET, MORE OR LESS, AND A WIDTH OF 60 FEET INCLUDING THE 60 FOOT RADIUS OF THE CUL-DE-SAC This bill had first reading. Councilmember Scott 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 January 13, 2014. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS Councilmember Henry Davis, Jr. asked City Controller Mark Neal to look into putting up signs at the gateways into the City for the Girls Softball World Series. NEW BUSINESS Councilmember Scott advised that the power point presentations were used using the Apple TV software. He stated that he will schedule more refresher courses on Apple TV. PRIVILEGE OF THE FLOOR Christopher Huff, 1831 College Street, South Bend, Indiana: For many years there seems to be a sentiment here in my home city that you “can’t do that” or “awe we shouldn’t do that” or “awe we are not good enough to do that” or “awe we are too small to do that” or “big enough to do that.” One thing that I hope you all understand this and if I’m singing to the choir I apologize but our city does not exist in a vacuum. When a project is proposed for this city or the city that I used to work for which is immediately east of here which is only about 49,000 people that those cities do not exist in a vacuum. Now the population of our city, South Bend is about where it was in about 1932 unfortunately, nonetheless, we are still the largest population based within the whole metropolitan area. Now that still means that we are only 1 out of every 7 people in this economic area, in fact the consolidated metropolitan area has 713,000 people. So the South Bend City is about 101,000 in an area of 713,000, so when a proposal is made about condominiums, restaurants, hotels or whatever, it doesn’t mean that it is going to serve the City 31 REGULAR MEETING DECEMBER 9, 2013 of South Bend, it’s going to serve the entire metropolitan area and yes we do have three (3) large section of our city that are in great distress unfortunately, but folks that support a lot of these businesses are not just coming from the City of South Bend, they are coming from this entire metropolitan region which incidentally this is a reminder is in fact the second largest economic center in the State of Indiana, so I say this because I do not want us to have any more of an attitude of self-inflicted failure. I say this as a supporter of the community and just to remind the public of this simple fact that we are 1 out of every 7 people in this entire region. Thank you. Theodore Robert, 2617 Frederickson Street, South Bend, Indiana: Before I begin I want to ask the Council since I am the last one if they would give me one (1) extra minute to speak, I would request at least four (4) minutes if that’s possible. Councilmember Varner made a motion to allow one (1) extra minute to Mr. Robert to speak to the Council under Privilege of the Floor. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Theodore Robert: I have a lot to speak about so I am going to go. October of this year I filed two (2) complaints, one with the Mayor’s Office and another with the City of South Bend, and with those complaints I wanted to determine if indeed there was misconduct committed by either Chief Teachman or Lt. Ross. With those complaints Chief Teachman agreed to I guess have th Capt. Schweizer investigate Lt. Ross to determine if any misconduct was done. December 5 I had a meeting with Capt. Schweizer and we went over the details of that investigation that he completed. And that investigation I spoke directly with him and he stated to me that through his investigation Lt. Ross was found not guilty of violation of the duty manual. But during that conversation he indirectly stated that Teachman was in violation of the duty manual. Here’s why: Chief Teachman ordered Lt. Ross to go to the King Center to collect evidence where he was the sole defendant in a complaint of misconduct. That is considered interfering, let me say that again. Chief Teachman ordered a subordinate officer to use his position as Chief of Police to order a subordinate to go to the King Center to collect evidence where he was the primary the sole defendant in a complaint of misconduct. You remember several months ago they accused me of doing the same thing at 7-11. I heard of misconduct that was committed by two other officers I went to 7-11 and spoke about that with the clerks and attempted to secure video footage of the tapes showing misconduct of the officers. I was prosecuted by the City of South Bend, served a four (4) months suspension. Chief Teachman did the same thing and guess what? The Mayor said he was not guilty. There is a “but” there, they told me that yes he is guilty, but his intent was to do the right thing. He violated the duty manual but his intent was to do the right thing. Therefore, we find that he did not violate the duty manual. Ladies and Gentlemen that’s what we call unfair. They say yes he did, but his intent was to do the right thing. Well, my intent was to do the right thing as well. I heard of misconduct I attempted to do the right thing by getting the evidence to my supervisors I was accused of violating the duty manual. Our Chief of Police did the same thing, Captain Schweizer investigated it, he has the report, and this is what he stated to me. But the Mayor and I gave you guy’s copies of the documentation that I wrote back to him stating that he found him not guilty. I am not here to ask for an investigation this is just an FYI. This is what is going on, this is what happened. Our Chief of Police violated the duty manual, I have nothing against Chief Teachman, again as usual, and it’s about fairness with me, fairness to make sure that all other officers within the South Bend Police Department don’t have to go through what I went through. Thank you very much. Jesse Davis, P.O. Box 10205, South Bend, Indiana, I wasn’t going to come up and say anything tonight but after hearing Mr. Robert talk, I was compelled to come up here. I mean I came in front of the Council numerous times not only because of some of the issues with the Chief, a case I filed with the Chief, myself with police, back in May, that’s still not solved. I commend the Council every time I came up here and put in a privilege of the floor, I appreciate the letters that I get back from the Council and the attorney’s but this is the type of double standard and selective enforcement that many citizens have come up here and talked about many city employees come up here and talk about and it’s about time that somebody really does some digging into this stuff and get to the bottom of it, so we can solve all of this corruption that we got going on here. 32 REGULAR MEETING DECEMBER 9, 2013 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:59 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 33