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HomeMy WebLinkAbout12-16-13 Special Common Council Meeting SPECIAL MEETING DECEMBER 16, 2013 Be it remembered that the Common Council of the City of South Bend met in the Council th Informal Meeting Room 4 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, on Monday, December 15, 2013, at 5:00 p.m. The meeting was called to order and the Invocation and Pledge to the Flag was given. ROLL CALL COUNCILMEMBERS: st Present: Tim Scott 1 District nd Henry Davis Jr. 2 District rd Valerie Schey 3 District th Dr. Fred Ferlic 4 District th Dr. David Varner 5 District th Oliver Davis 6 District, Vice-President Derek Dieter At-Large, President Karen L. White At-Large, Chairperson Committee of the Whole Absent: Gavin Ferlic At-Large Others Present: John Voorde City Clerk RESOLVE INTO THE COMMITTEE OF THE WHOLE At 5:04 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) 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. PUBLIC HEARING BILL NO. 78-13 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 $500,000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711) th Cheryl Greene, Assistant City Attorney, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, read into the record that in accordance with Section 2-5 of the South ndrd Bend Municipal Code that on December 2 & 3, 2013 a call of a Special Meeting of the South Bend Common Council was duly made, signed by five (5) Members of the Common Council. The signatures were certified by City Clerk John Voorde and are on file in the Office of the City st Clerk and they were delivered by Patrolman 1 Class Matthew Mason of the South Bend Police Department to each of the nine (9) Common Councilmembers. Verification of Service has been filed with the Office of the Clerk and therefore it is a legal meeting. Councilmember Dr. David Varner, Chairperson, Personnel & Finance Committee reported that this Committee held a public hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th John Murphy, Deputy City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana: We discussed in the committee meeting the city’s self-insured for health insurance. Anthem is our primary provider, we are finishing up the end of the year, sharpening our pencils, maybe a situation where we over in our medical insurance costs, we are asking for an additional appropriation of $500,000 to finish the year. We are hopeful that we don’t need the entire additional appropriation and if we don’t need it, it will just lapse, the appropriation will lapse and it won’t be spent, it will revert back to the self-insurance fund. We kind of talked about the history of the fund and I will give you a hand out. The fund has been insured with Anthem since 2007, expenditures the first several years were fairly low, much better than when 1 SPECIAL MEETING DECEMBER 16, 2013 we had our third party administrator, the last couple of years the expenditures have started to tick up and we are making some changes in plan design for 2014 and probably some additional plan design changes in 2015 will be needed. But this appropriation just kind of helps us finish out the year for 2013. Our insurance team is here, Penny Price who does a lot of budgeting work for the self-insurance fund, Jo Ellen Talos, our benefits manager, Margaret Hartsaugh, Gibson Insurance and Cecil Eastman also does a lot of budgeting for all of our funds, so we are happy to answer any questions that you might have. 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 Schey seconded the motion which carried by a voice vote of eight (8) ayes. BILLNO. 62-13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 605, 613, 617, 621 NOTRE DAME AVENUE AND 823 SORIN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. Fred Ferlic, Chairperson, Zoning & Annexation 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 Christa Hill, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that this is the northwest corner of Notre Dame Avenue and Sorin Street, there is an existing building there, the plan is to rezone it to the “PUD” Planned Unit Development District to accommodate 60 units, 84 beds, 85 parking spaces, there are some commitments between the petitioner and the NNRO, Northeast Neighborhood Revitalization Organization. This comes from the Plan Commission with a favorable recommendation, subject to those commitments being recorded. Anthony M. Zappia, Attorney at Law, 52582 State Road 933, South Bend, Indiana, representing the contingent purchasers and developer PETCO, Commercial Development, out of Carmel, Indiana, the owner of the property is Belcorp Financial Service, Inc., they acquired the property in foreclosure and bankruptcy as the Staff indicated we are requesting the modification to Planned Unit Development to allow the residential units with a rental office, maintenance office, and club house. There are four (4) buildings all facing Sorin and Notre Dame Avenue, and one (1) interior building. A review of the area will indicate that single-family homes SF2 Single- Family and Two Family District in the Darden Road Development across the street which is a mixed used development. The four buildings facing, the four street facing buildings the two facing Sorin and two facing Notre Dame Avenue will contain six (6) two (2) bedroom units each; the interior unit will have 36 single units; 85 parking spaces plus one (1) additional parking space for the maintenance office. Historically in 2007, the Council rezoned this for residential units, we’ve met and had discussions with the NNRO, and you will hear from them that we are restricting the use of the property to graduate students, professionals and married couples. The buildings are in various stages as they are now. We plan on closing with the Council approval this evening we will do a wire transfer close on the property tomorrow, we will button it up to make sure that we secure the integrity of the building and commence a vigorous marketing campaign in January to rent those units. We are talking about a $4 million dollar development. I think that this type of project shows by people working together what can be accomplished. Had th a wonderful meeting at the Robinson Center, on October 14, a lot of dialogue occurred at that meeting that continued on for us to get to where we are now because there were some restrictions and concessions that we made and they were very understanding also to bring us all here this evening. So we are here to answer any questions. We have a representative, Justin Ferris who came from Indianapolis to be with us this afternoon. And, again we thank the Council for putting this on the agenda because it is extremely important. 2 SPECIAL MEETING DECEMBER 16, 2013 Councilmember Oliver Davis: This came up this afternoon sorry for not asking it earlier. I just recognized that you said and for married couples, how does that go with the city’s ordinance when it comes to issues with LGBT Community? Because of the fact how that relates to that because I personally can conceive of somebody challenging that complex based on that and how will that be handled? Mr. Zappia: Married is not included in that. I made a mistake. Thank you for correcting me. Councilmember Dieter: What is the square footage on a one bedroom is roughly what? Justin Ferris: Roughly 600 sq. ft. Councilmember Dieter: And two (2) Justin Ferris: 1200 sq. ft. Councilmember Dieter: And how is the integrity, because that thing has been sitting there open to the elements. Everything structurally is? Justin Ferris: Structurally it is sound. Obviously, we want to button it up before winter, so it doesn’t get any worse. You can see that there are some windows busted out and things like that. Mr. Zappia: The roof is very good, so it really preserved the building. Councilmember Schey: I am going to tag onto what Councilmember Davis just asked, so in the Statement of Commitments it’s a good questions, #1 the last sentence, in no event shall undergraduate students as that term is defined be permitted to rent or reside solely or with an unrelated person or sibling. So would an unmarried couple as defined currently in Indiana, if it was a man and man or woman and woman, they would be prohibited from living? (Unknown speaker) You are related two (2) unrelated persons in a dwelling unit. That was just so that you know that was put in there so that we did not run into a situation when you sometimes have it on a campus environment where folks would buy a unit for the two (2) kids to live and they could be undergraduates. It is to eliminate that possibility, that’s why that wording was done in such a way. Councilmember Dieter: What if you have a couple with a parent? (Unknown speaker) If the parent is there, then you would be fined. Because you would still meet that requirement. What we did not want to happen, was to either have the ability of undergraduate students being able to live in the units. Councilmember Dieter: Good Luck. 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 favorably recommendation to full Council concerning this bill, Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 3 SPECIAL MEETING DECEMBER 16, 2013 RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Dr. David Varner 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 Informal Meeting Room on the fourth floor of the County-City Building at 5:16 p.m. Council President Derek Dieter presided with eight (8) members present. BILLS – THIRD READING ORDINANCE NO. 10283-13 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 $500,000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711) This bill had third reading. Councilmember Dr. David Varner 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. ORDINANCE NO. 10284-13 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 605, 613, 617, 621 NOTRE DAME AVENUE AND 823 SORIN STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 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. ADJOURNMENT There being no other business to come before the Council, President Dieter adjourned the meeting at 5:18 p.m. ATTEST: ATTEST: ____________________________________ __________________________________ John Voorde, City Clerk Derek D. Dieter, President 4