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HomeMy WebLinkAbout06-22-15 Common Council Meeting MinutesREGULAR MEETING JUNE 22, 2015 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, June 22, 2015 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation (Oliver Davis) and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Tim Scott Henry Davis, Jr. Valerie Schey Dr. Fred Ferlic Dr. David Varner Oliver J. Davis Derek Dieter Gavin Ferlic Karen L. White OTHERS PRESENT: 1 st District, (President) 2 °d District (Seated at 7:04pm) 3`d District 4' District 5' District 6' District At- Large, (Vice- President) At -Large At- Large, Chairperson Committee of the Whole Kathleen Cekanski- Farrand Adriana Rodriguez John Voorde Janice I. Talboom Kareemah Fowler Council Attorney Legal Research Assistant City Clerk Deputy Chief Deputy REPORT FROM THE SUB - COMMITTEE ON MINUTES Councilmember Valerie Schey made a motion that the minutes of the June 8', 2015, meeting of the Council be accepted and placed on file. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay by Councilmember Derek Dieter. SPECIAL BUSINESS Council President Tim Scott announced that the Common Council will be taking applications for the MEK advisory street naming committee until noon, Monday Julyl3th. Bill 18 -15 (Using hand -held devices while driving) along with Resolution 15 -35 regarding pilot program on (Weeds /tall grass and cutting for youth) have been continued to July 13th, 2015. Councilmember Karen White announced that bills 24 -15 and 25 -15 have been continued until July 27th, 2015. 15 -44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING AND PUBLICLY HONORING GRAND MASTER JERRY SPONSELLER FOR BEING INDUCTED INTO THE USA MARTIAL ARTS HALL OF FAME AND FOR HAVING SUCH AN ENDURING AND VERY POSITIVE IMPACT OF THOUSANDS OF YOUTH IN OUR COMMUNITY 1 REGULAR MEETING t+ a� RESOLUTION NO. JUNE 22, 2015 U .1 �) / w A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING AND PUBLICLY HONORING GRANDMASTER JERRY SPONSELLER FOR BEING INDUCTED INTO THE USA MARTIAL ARTS HALL OF FAME AND FOR HAVING SUCH AN ENDURING AND VERY POSITIVE IMPACT OF THOUSANDS OF YOUTH IN OUR COMMUNITY CA" the Common Council of the City of South Bend, Indiana recognizes that Grand Master Jerry Sponseller has been teaching martial arts since 1978, averaging 34 classes a week for the past 45 years; and CA" the Common Council further recognizes that Grand Master Jerry Sponseller's school's primary system is Taekwondo, and also features a variety of principles and techniques in other styles in order to offer the most complete system of self- defense and overall knowledge of the martial arts; and CA" Grand Master Sponseller is committed to "improving the lives of students by instilling positive life- skills and regular philosophy lessons" with their goal being "to empower students to become confident, maintain a healthy lifestyle, possess a good sense of self- esteem, and be successful in all areas of their lives "; and a his additional fitness classes include Muy thai, boxing, kickboxing and some modern MMA techniques where discipline, responsibility, confidence and self- esteem are being built in all participants; and a just one of the many examples of the character and integrity of Grand Master Sponseller is shown by the fund - raiser and benefit he is hosting for one of his employees who was tragically hit by a drunk driver while jogging in order to help offset her medical expenses and assist in her recovery; and CA" Grand Master Sponseller's passion for Martial Arts and his love of teaching youth is truly inspirational, with many of his students participating in tournaments in Elkhart and North Webster. He is also the author of a training manual and two books on philosophy for children. /0" Offnd �wz�ianz�c ab�o%�am6: Section I. On behalf of all of the residents of the City of South Bend, Indiana, the Common Council is especially honored and proud to recognize a very special person, Grand Master Jerry Sponseller, a /k /a "the Blues Don" who has dedicated the last 45 years, teaching martial arts and dedicating his life to instilling positive life skills and building confidence and self- esteem in countless youth. The Council further thanks him for his active community involvement at the Logan Center, St. Margaret's House, and the Family and Children's Center. Section II. The Common Council congratulates Grand Master Jerry Sponseller for the high honor of being inducted into the USA Martial Arts Hall of Fame and for his commitment to continue to inspire others by continuing to teach while working toward his 9'h degree black belt. The Common Council wishes Jerry all the best this November, when he plans to compete and bring back a World Medal from the World Event in Mexico. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, 1" District Henry Davis, Jr., 2 "" District Valerie Schey, 3'" District Oliver J. Davis, 6 1 District Derek D. Dieter, At Large Gavin Ferlic, At Large Dr. Fred Ferlic, 4 "' District Karen L. White, At Large REGULAR MEETING Dr. David Varner, 5`h District Kathleen Cekanski Farrand, Council Attorney Office of the City Clerk Pete Buttigieg, Mayor of South Bend (Councilmember Henry Davis, Jr was seated) JUNE 22, 2015 �Lde x'00, Councilmember Derek Dieter presented Resolution 15-44 to the full Council. Councilmember Derek Dieter recognized Grand Master Jerry Sponseller for these additional accomplishments that were not listed in the Resolution: several national titles, 12 years undefeated from the 80's to 2001, was the Indiana State AU Chair for several years, Vice- President for 4 years, and Co- founder of the Northern Indiana Tae Kwando Association. I have had the privilege in working out with him. He has trained our police force, as he instills discipline and self - esteem in people. It has been a pleasure to have known him for this long, I ask for full adoption. Jerry Sponseller, made remarks that it is an honor and great privilege to be here. South Bend was intimidating when I first got here as I was from a small town called Nappanee. I quickly got my feet on the ground here, and now South Bend is my home. We have a lot of students that go on to win Championships. I want to continue teaching until I die or can't do it anymore. I'm in the process of teaching a World team. I'm very happy and proud to be in front of this Council. Councilmember Karen White —Thank you for your work and commitment to our city. Councilmember Gavin Ferlic —Thank you and congratulations. Councilmember Oliver Davis —Thank you for teaching self - discipline to so many people. I've never participated in Martial Arts but is something I always respected. Thank you for helping to teach Derek, we appreciate it. Councilmember Dr. David Varner —Thank you for all your efforts with regards to our youth. Congratulations. Hopefully, you are able to continue to participate as it is a part of what keeps you young. Councilmember Dr. Fred Ferlic —Thank you, I'm going to start taking steroids in about a month. Councilmember Valerie Schey —Thank you for being a role model to so many. Councilmember Henry Davis, Jr. —Thank you for your time and commitment to our city. Good luck to you. Council President Tim Scott — You are a neighbor of ours and I want to thank you for all that you've done. 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 Mr. Gavin Ferlic made a motion for acclamation for Resolution 15-42. Councilmember Dr. Fred Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS OF CITY OFFICES There were no city reports to come before the full Council. REGULAR MEETING JUNE 22, 2015 Councilmember Oliver Davis requested that the Mayor be present for the next two meetings in July as there was no reports from the City Administration for the whole month of June. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:13 p.m. Council President Tim Scott requested a motion to resolve into the Committee of the Whole. So moved by Councilmember Derek Dieter. Councilmember Oliver 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. 07 -15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NW CORNER OF NORTHSIDE BLVD, NOTRE DAME AVENUE AND FRANCES STREET COMMONLY NOW AS TRANSPO SITE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Derek Dieter made a motion to hear the substitute version of bill 07 -15. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis Chairperson, Zoning & Annexation Committee, reported that they met this afternoon on this bill and sends it to the full Council with a favorable recommendation. APC Report- Presenter: Angela Smith, Area Plan Commission with Offices on the l I' floor — The petitioner is seeking to rezone a property commonly known as Notre Dame Ave just north of North Side Blvd. It is approximately 9 acres. They are looking to rezone from MF1 and MU to SF2 to allow for a mix of single family residential homes, and townhomes. They are looking to have approximately 54 new lots. The area is divided in four sub - sections. She had a diagram that illustrated the proposed layout. This comes from the Area Plan Commission with a favorable recommendation. Councilmember Henry Davis, Jr. stated that this question is for the attorney. When a city gains more in population how does that change the dynamics in terms of voting and registered voters? Especially when it is being labeled a distressed area. When those terms come up, does re- districting occur, when we go through the re- districting every 10 years? Does that population change shift the way of re- elections? Council Attorney Kathy Cekanski- Farrand responded there is no change as re- districting will only occur every ten (10) years, as the law is silent on that. Councilmember Davis Jr. stated when we use words like distress, does that area then have the ability to get more? Council Attorney Kathy Cekanski- Farrand responded the primary statute on "distressed properties" is the economic revitalization area which would have an impact in terms of population. In light of that fact there are three (3) At -Large Councilmembers who would be our safety net. Petitioner: Daryl Knip, 750 Lincoln Way East, South Bend — Our report was very thorough, we are requesting to rezone to SF2 for a mixture of city homes, traditional family homes, and a few townhomes. The site is currently vacant and we are requesting your approval for this rezoning. 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 Derek Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 4 REGULAR MEETING JUNE 22, 2015 20 -15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD SOUTH BEND, INDIANA COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Karen White requested a motion to hear the substitute version for bill 20 -15. So moved by Councilmember Oliver Davis. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee met this afternoon and send bill 20 -15 to the full Council favorably. APC Report- Presenter: Matthew Chappuies, Offices on the 11th Floor Area Plan Commission — This is the former Target site on the comer of Hickory and McKinley. The petitioner is requesting a zone change from GB and CB to PUD district to allow for wider range of commercial uses. To the North are single family homes, there is currently a 90 ft. buffer yard with existing landscape which will stay up. Some additional fencing will be added. Matthew showed the council images of the lot and adjacent property. The site is a 10.68 acre site, with 128,000 sq. ft. retail building. A portion of the site is currently being used for self - storage, with some retail use proposed in the fixture. 9,000 sq. ft. of self - storage is proposed for fixture self - storage use. The petitioner has requested that a portion of the parking lot be used for outdoor self - storage. Some guidelines that Area Plan has placed on that, is that it doesn't approach within 200 ft. of the north property line or 50 ft. from any other property line, and be screened by an 8 ft. fence on all sides. Under the new PUD ordinance, the permitted uses for this site would include all uses currently listed under CB, GB, and LB districts. The Area Plan Commission sends this to you with a favorable recommendation and would be happy to answer any questions. Petitioner: Mike Danch, 1643 Commerce Drive, South Bend — Danch, Hamer & Associates. The reason we are asking for the rezoning is to allow for PUD, under the city guidelines for GB uses are very limited retail uses. Since South Bend South Storage went into this facility and started to do their business here, they have now been approached by other parties that would like to do some retail here. If you remember, this is where the Target and Super Market once was. So we have the ability to have space available for retail use is what we have shown in our PUD. What we are asking Council to do is approve that PUD so we are allowed to not only have GB uses but local uses and community uses, which allows for a wider retail use in this established area. With your approval we would be able to have those different uses. If you have any questions I would be glad to answer? Councilmember Derek Dieter — This doesn't affect any of the old wine stem property does it? Petitioner responded no it does not. Councilmember Oliver Davis — Can you share about the neighbor that was nearby, and how that will benefit that neighbor? Petitioner there was a homeowner that lives on the northeast comer of the property. We worked with the staff to add additional landscaping and a vinyl fence along their border which will help separate their driveway. The fence will help prevent trash from blowing in their neighborhood. The owner has an agreement set up with maintenance that they will be checking the property site for any debris. 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 in favor of or opposition to this bill, Councilmember Valerie Schey made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 21 -15 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2212 MISHAWAKA AVE COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING JUNE 22, 2015 Councilmember Karen White requested a motion to hear the substitute version for bill 20 -15. So moved by Councilmember Oliver Davis. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee met this afternoon and send bill 21 -15 to the full Council favorably. APC Report- Presenter: Matthew Chappuies, Offices on the l I' Floor Area Plan Commission — This is 2212 Mishawaka Ave. near the intersection of Mishawaka and Ironwood. The petitioner is requesting a rezoning from MU to LB district, and seeking a special exception use for a tattoo establishment. As you can see Mishawaka Ave has a multitude of commercial uses. Area Plan Commission does not feel this will be out of character for this area. The site itself is 3,300 sq. ft. retail space with similar buildings both on the east and west. The petitioner has already come in and made some improvements prior to learning he needed rezoning. There is on street parking as well as in the rear. Allowing a tattoo parlor in this area would not be injurious to the overall retail character on Mishawaka Avenue or adjacent residents. Rezoning to LB is consistent with the character of the area. The Area Plan Commission has also received several letters of support for this including from the River Park Neighborhood Association. The Area Plan Commission sends this to you with a favorable recommendation for both the rezoning and special use. At this time I would be happy to answer any questions. Petitioner: Nathan Rivers, 2212 Mishawaka Ave., South Bend — We decided to look for a location and we found this area that was abandoned. So we went to remodel it, and figured it would be good for the area to bring a younger crowd from Bethel College and IUSB. To have something new and exciting, I know it's been a rougher area in the past. My goal is to bring people in to visit other stores and shops in the area and work with them with what we're doing. Councilmember Valerie Schey — I would just like to say as the district representative for the 3' District, I like to extend my thanks to Mr. Rivers for going above and beyond to meet the neighbors and meet with the neighborhood association. I think he has done an excellent job in getting to know his neighbors and I totally support his efforts. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor: Jesse Davis, P.O. Box 10205, South Bend — I think it is a great ideal, as the park can use the extra business. As you can see I'm a fan of ink and we don't have many good artist in our local area. So bring it on. There being no one present wishing to speak to the Council in opposition to this bill, Councilmember Valerie Schey made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 18 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20, ARTICLE 13 OF THE SOUTH BEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING CITY —WIDE REGULATIONS BANNING THE USE OF ALL HAND —HELD ELECTRONIC COMMUNICATION DEVICES WHILE DRIVING, AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS Councilmember Dr. David Varner made a motion to continue bill 18 -15 to July 13th, 2015. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. 0 REGULAR MEETING JUNE 22.2015 22 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES Councilmember Karen White requested a motion to accept the substitute version for bill 22 -15. Sole moved by Councilmember Mr. Gavin Ferlic. Councilmember Derek Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Derek Dieter, Chairperson, Health & Public Safety Committee met this afternoon and send bill 22 -15 to the full Council favorably. Presenter: Council President Tim Scott, 711 Forest Ave., South Bend— Council members, Karen White, and Dr. Fred Ferlic and myself are the sponsors. The thing we want to bring up is shifting the financial burden from tax payers to those who should be mowing their lawn and who are subject to continuous enforcement. Secondly, that we are able to change the ordinance that hasn't been changed since 1962. Currently the maximum height in the current ordinance is twelve (12) inches for vacant and abandoned, and nine (9) inches for other homes. Code enforcement has to know which is vacant vs. other the homes, in the new proposal it will be nine (9) inches across the board making the ordinance simpler. The other issue not addressed is natural sustainable landscaping, people are doing rain gardens and other artistic native grasses with a natural look. The current ordinance only allows for bluegrass based in 1962. Right now if anyone was doing anything artistic it would be in violation of the ordinance. Also, the sidewalk not being overgrown is addressed in current and proposed. A new feature in this ordinance is continuous enforcement. Currently, we have people that own property in our city that our taxpayer's dollars go towards maintaining and cutting their grass on a yearly basis. In some instances there are people that have been on continuous enforcement for ten (10) years. So our city is putting our taxpayer's dollars, capacity, and resources towards that. This ordinance proposes a step up fine, for those on continuous enforcement. Those that are on continuous enforcement are people who are not responding to the city. They are getting a letter of violation, asked to come before code, asked to go to code hearing and yet they refuse to participate in making a change resolving the issue that they have on their own property. So what this would do is establish a ramp up /step up fee, $500 for the first year, $750 for the second year, and $1,000 for the third year, and $1,500 afterwards. The idea is to get the attention of those that are not conforming and come up with a permanent one time solution for this. The other part is the penalty for violation of the grass ordinance, the ordinance is now set between $20- $1,000. We will be making it uniform across the board to $250 violation across the board. One thing we handed out is the tall/grass weed enforcement and the continuous enforcement process so that everyone will understand. The citizens file a complaint and the code inspector goes out to look if there is a violation or no violation. If there is a violation they are asked to abate the nuisances grass within 48 hours. If they don't comply, the city can mow the lawn and the bill is then sent to collections or a lien is put in place. Again, I mentioned rain gardens here is an illustration of the rain garden which is not allowed under the current situation. (Powerpoint -Point Presentation on file with the ordinance. Councilmember Karen White — To the Council, we would like to say we see this as a quality life issue, shifting the financial burden from taxpayers who cut their grass on a regular basis to those who are subject to continuance enforcement. As President Scott stated this ordinance has not been updated since 1962, and we want to have some commonality in terms of the height. In this particular ordinance, we are stating nine (9) inches. We did our research as we stand as a city compared to others, looked at best practices to see where we stand as a city of South Bend to improve the quality of life in our neighborhoods. So we can work to protect home value, and have safe and clean neighborhoods. It is the homeowner's responsibility to cut their lawns. Citizens that live in certain neighborhoods that have grass almost to their waist, is not acceptable. We held a meeting last Tuesday, a lot of questions were posed, and I don't believe those questions were gathered; I think that is important. We also asked to have representatives from certain departments here from the city as well. Our goal as we work through this particular ordinance is similar to what we did with the product nuance. We will be working very closely to 7 REGULAR MEETING JUNE 22, 2015 set in place certain guidelines and outline our expectation not only from our citizens but from our administration to those who have a responsibility as well. Councilmember Dr. Fred Ferlic —Thank you to the Council for considering this. As we mentioned before people live in a city based on three things crime, schools, and quality of life issues. I think this is a quality of life issue. South Bend has a chance to grow, and receive tax property dollars and will do so with this type of ordinance. I know there were some concerns about the fines and amounts, with regards to the handicap and elderly. The sponsors agree that responsibility for those individuals falls upon the community, their family, their friends, the church, non - profits, and the councilman to help out those particularly people in that area. So I appreciate your consideration to this, as I think this is the most important piece of legislation that has come up within my three (3) years on Council. Councilmember Henry Davis, Jr. — My first question is are we able to enforce this, do we have the manpower, and what it takes to enforce? Council President Scott responded I believe we do. As there has been changes within the Code Enforcement department as well as City Legal Department. They are changing their standard operation procedures in documenting the violations, as well as passing the information along to city administration and legal to resolve these issues. Councilmember Dr. Fred Ferlic stated the city is contracted with a collection agency; a legal firm in the city. I am certain those firms do their work. Before the city never did this, now that it is privatized and contracted out, you see great results. Councilmember Davis responded the reason why I challenge you is because this morning I talked to a few Code Enforcement workers and asked why everything west of a certain street, hasn't been cut or maintained? The resounding response was that the technology was not pushing the information over to the Parks Department. The other conversation was that they have new workers in Code Enforcement, who are not up to speed as to what needs to be done. There has continuously been a huge turn -over rate over the last few years. I just have issues with the level of enforcement, will we be able to enforce this? You mentioned before about the continuous enforcement list, how large is that list? Council President Scott responded I believe it is around 800 people. Councilmember Davis stated that continuous enforcement list has not been up to date, that is an enforcement issue, which is a problem that I have. Last year the City gave the administration $12.1 million, I'm not sure how much went to grass cutting or grass cutting crews but what I am going to say it doesn't appear to be because of the lack of code enforcement. Those are my concerns, I'm not saying this is a bad piece of legislation. My concern is how do, we get from something that is out of whack to the level of enforcement that we need to see; to begin to see a turnaround or a change. That's why I ask are we able to enforce this. How can we expect to see this enforced as this is a quality of life issue versus all the other ones that are not being enforced. Council President Scott replied, I agree with you. I'm not going to switch gears, but I am. Our role is to be able to set the table, to be able to give Code Enforcement and City Legal Department the proper tools that we see fit that they need to do their job. It is our responsibility to hold them accountable, we are setting the table in order for them to do so. If we get this passed, we can do a review six (6) months down the road and next year as well, to make sure they're doing their part. What I don't want to do is, since some don't have the faith in the City Administration, think that we are not going to set the bar high to where it needs to be. I hope that helps. Councilmember Davis stated it does not. I don't want to seem like I'm against you, I'm not. I am completely unhappy with the lawns in certain areas that have been or have not been maintained. The issue that I keep coming up to is if we charge more money we are going to get more enforcement? Where do we get that logic from? Council President Scott responded you are right we have a capacity issue and this is only one part of the solution, the other part is the capacity issue. There is a $175,000 budget for code to pay the Parks Department to cut grass and is not open to anyone else as they're at capacity. The Parks Department only has a limited number of people to go cut grass, they're just not able to get to everything five (5) times a year. This is a two -step process to get continuous enforcement for those on to get them off, and to clean up and simplify the ordinance. The resolution issue is a whole other conversation. Councilmember Davis replied it is not, as now you are talking about management practices which is not our job, our job is to approve the budget based on a plan that is delivered by the Mayor and the Mayor's Department Heads. Then we get in conversations as to the things that aren't getting done. Then we talk about what should be done, when it should be done, and how it should be done when we already paid the Department Heads to do that exact job. Now you are here, the three of you, and thank you again as it is a quality of life issue, as it needs to be done. M REGULAR MEETING JUNE 22, 2015 We are now talking about how the Mayor and the Department Heads are supposed to be managing their offices. What gives, why is that our job? Councilmember Dr. Ferlic interjected can I answer that? (Davis responded yes) I met numerous times with Randy, and Crystal and I can tell you right now that it is a changed department, the Codes Department. I can tell you from numerous ride - alongs with my code officer, Greg, he is issuing numerous citations and they are now being sent to the collections agency. But remember we are numerous decades behind on this project. Now that we are doing that, there has been a dramatic change in the 4" District as I've gone around with my code officer, I think we have a great chance to clean up the city. Councilmember Davis responded that is my problem, you went around with your 4" District code enforcement officer, this needs to be done? That is not my job, as a councilmember. We are going back to management when we deliver dollars to a certain department to do xyz. Every year we approve a budget to deliver certain things with the city of South Bend and with the quality of life. (Council Attorney Kathy Cekanski- Farrand interrupted stating questions only, Councilmember Davis stated don't do that to me I'm a councilmember having a conversation asking questions), Councilmember Dr. Ferlic stated I respect your opinion and it is the councilmembers duty to take care of his district. Councilmember Davis replied that is your opinion. How do we enforce the base line law, the base line says cut your grass, we then apply a new level of dollars, but it is not being cut. How do we turn this around because of new legislation or new priority by the Mayor's office? I want to vote for it, I'm asking. Councilmember Karen White responded, you are correct in terms of enforcement for a number of years we have had that conversation. If you recall this council pushed forward the graffiti that came from the Council, the legal dumping came from the Council, product nuances that came before the council. When we look at tall grass we are bringing this to the Council, understanding that a number of citizens have approached me in regards to the grass and why should they have to live next to homes where there grass is not cut? We as a Council under the Health & Public Safety committee we need to look at all the quality of life ordinances that aren't effective and take them off the books. Those that we believe are important we need to hold that department and others accountable and we have to reflect that in the budget as well. Councilmember Davis stated we will hold them accountable, but they come in and they already have their money and the pay to do these jobs, when there are not being done. How do we get to the level of seeing results that the neighbors want to see before we have this conversations again, where we state that we have issues with management and things change over again? We continue to go back to step one (1) each and every time. Councilmember Dr. Ferlic responded I think you track the metrics, when I came on the Council we collected $30,000. This year, now, is 4% higher from last year. You want to track the statistics; we are going to consistently track the results every six (6) months if it is consistently off basis then we shouldn't support it. Council President Scott stated you asked about the implications, we talked to Randy and John from code about this, just on single violation and continuance. The rumor with this ordinance possibly going through caused a 44% increase in people taking care of their own lawns already, knowing that there can be consequences to it, which they don't feel right now. Councilmember Davis asked, how did they come up with that number? Council President Scott responded when responding to violations going out there, the lawns were already mowed. Councilmember Oliver Davis —There was a statement that stated the age of the ordinance of 53 years is not necessarily the issue. What I want to say is that, number one (1) would you not say based on the 1962 ordinance that we are currently having more money coming in now then based on the current one in place? Council President Scott replied there is an increase in money and collections, due to the proposed changes people are now stepping up to mow their own lawns. Councilmember Davis asked, so the money started to increase even before you composed this? As they started to enforce the code at the end of last year. At the end of the year, that is where the money started to come in when they put the right collections team in place. So to me we didn't have the right collections team in place to collect on the 1962 ordinance. Of course we don't have the right high -tech words but the issue was the collections as they weren't collecting. Secondly, is there anybody here from the Parks Department, from HR, from the legal team, any code enforcement officers as we need to ask them some questions? Council President Scott stated, Code Enforcement is the only one here. Councilmember Oliver Davis replied at our last meeting we stated they were going to be here. I'm okay with Code Enforcement as they have cited a whole bunch of things in the 6" District, but what happens after they cited, they get stuck in the Parks Department. My questions I have for Parks are to defend how many seasonal workers they have, how many do they plan to have, and what are they going to do with the yards 0 REGULAR MEETING JUNE 22, 2015 as they are currently responsible for cutting the grass. If they are not here, the Mayor is not here we have to run our city. How can we say that they are going to follow up and enforce this when they are not even here to deal with it? Council President Scott replied, I agree with you, I don't want to look at the resolution as the capacity of the Parks department. Councilmember Oliver Davis stated I don't know that as they are not here; I hear your point of view. The reason why the nuance works is because we have the support from the Police Department. How do we know that we have their full support if the key departments are not here to state they can enforce it and be on board? If we plan to table this then I can ask these questions to Parks and collections. If we are already increasing fees then maybe that isn't the issue. I do not want to rush through this when I have unanswered questions. We talked about there will be a $250 fee? Council President Scott answered, for one time violations. Councilmember Oliver Davis replied, if you look at some of the pictures where you have a lawn a little bit out of character, they will be fined $250 and the yard that is completely out of character will be fined the same, $250. Don't you think the range we have now from $20 - $1,000 makes more sense? Right now you give the same punishment for both do you think that is fair? Councilmember Dr. Ferlic interjected I will not allow my code officer to allow the grass to be that high. If my code officer allows the grass to be that high I will immediately go to Randy to enforce change. Councilmember Oliver Davis responded that is impossible in the 6" District, as it is not fair. We should have a range, as people are not equal. Last question, how are we going to continually have seasonal fees, doesn't that become a tax issue? Council President Scott stated these are fines and there are people in violation, the fees before were to the city of South Bend; these fines are to those that are in violation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor: John Wise, 532'/2 Kosciuszko Street, South Bend— I live in a house just north of Ford Street. I have been living there for the last two (2) years. There are currently nine (9) properties in a three (3) block radius of Kosciuszko, Jackson, and Pulaski St. the grass is over six (6) ft. tall, I am 6'4 myself, including the field to the east of my house. There is an alley directly behind, and the yard got mowed just yesterday but the yard is not looking nice. There's a yard across the street from me that has not been mowed, and lawns that have not been mowed for the entire lawn mowing season. This is unsafe for me as I have humongous rat infestation in my residence. I talked to Councilmember Davis, about this, he's seen this and I informed him that something should be done as this is a health hazard. I should not have to put out mouse traps and kill mice in my home that get in my bread and my food as they carry diseases. In the last two (2) years, I have not seen any code officers in the 6" District to inspect my neighborhood. If code enforcement came by they should put a code door hanger on people's doorknobs that aren't home; that their yard is past the lawn mowing regulations and need to mow their lawn by a certain date and time. If you they don't have it mowed, there will be a return visit with a $250 citation. People are unaware of these citations. Some people are incapable of doing so, they maybe handicap, foreign, or elderly. There are all types of difficult situations that people don't look at the bigger picture of things. I am unemployed, I mow my yard as I take pride in my house and residential area. I need work, I need a job. I think the solution is to hire someone who needs work that has the equipment to do so, hire them at a cheaper rate to help out the citizens of South Bend. There's a lot of help that needs to be done before fines are proposed. Christopher Huff, 1831 College St., South Bend, IN — We have lost 38,000 people in this city since 1970 because of crime that may or may not be under control and the city is not neat and tidy. Until this city functions, at least from a visual and functional standpoint, a lot of people are going to ask themselves if they want to live here or somewhere else. There are six (6) houses that are vacant on my block which is considered to be a nice neighborhood. One of which now is mowing their yard, as I told his friend that the city is about ready to increase fines. He lives in Savanah and just started mowing his lawn; I mowed most of it last year myself. It is about time we got some of this under control. In 1962, what did people do in this city, why does it take sixty years to take a look at this ordinance again? I am glad this is finally happening. In my practice in local government, those fines will cause people to step up and do their work, most who are very able bodied, some aren't but I would be more than happy to step up and do the 10 REGULAR MEETING JUNE 22, 2015 work. Let's get this going and provide an economic incentive for people to stop the nonsense and get moving. I don't care where people live, if they own a property here, they better be responsible for it. As far as the ordinance and the capacity of the department, I'm sure the department is stretched and worn out. Methodically administrating these ordinances very non - emotionally using some common sense when it is waist high, that's what our officers out in these neighborhoods should be looking at, and to be addressing it in a very non - emotional, uniformed method. Those who don't take care of their property as they should, then they should come back as they need to be fined. If the city does not have the capacity to go out and collect, then at least we have hired a company to take care of it, and we should issue liens. If there is a management problem where they don't have the capacity to take care of the problems, then let's look at outbidding a company that will do some of the work. I would think that six (6) inches would be better but the nine (9) for now is fine; let's at least start getting this done. Tony Trinca, 139 Camden Street, South Bend —This proposal, I believe simplifies the problem. Collection and enforcement is a different subject. This law simplifies what needs to be enforced. I say get it passed and then go after the enforcement part. I like the idea of the nine (9) instead of the twelve (12), and the continuous enforcement penalties that will take care of the guy who is at two (2) ft. instead of twelve (12) inches. If we can collect the $250, it is more about what it is costing the city. In the past we were probably losing money on some properties and not making anything on others. If we have to enforce this, let's not cost the city any more money to enforce it. I think this should be passed, then we should go after the enforcement which is another subject. If someone cannot afford $250, if you are a property owner in this city you should be able to; if you're not able to then that's your problem. If you can't you need to take care of it yourself, that's your responsibility. If not than you need to go to somebody else or pay someone less than $250 to take care of it. It is not the cities responsibility to go out and mow your lawn. Let's get this law passed then go after enforcement. Abe Washington, 1120 N. Brookfield St., South Bend — I am in agreement with the committee who has addressed the need of fees to those who need to keep their property clean. There is a corner lot that is a vacant lot that is over two (2) ft. tall, for the appearance of community it needs addressing. Someone falsely informed me that volunteers can cut grass and turn in a form on that and collect a fee for it, unfortunately I was clarified on that. I agree with working with code enforcement officers working with the Councilman and their districts to address those needs, and they can't let those things slide by. A few years ago there was a real disproportionate slide in fees that were applied to people. There were some people that have continuously be on the list passed by and those were considered to be favors. Favors are something that Councilmembers should not allow to be given. As it is disproportionate and unfavorable to everyone. I agree that Code Enforcement should be here tonight to answer questions. When we have the next meeting they should be there to address management, and that there is action suitable to everyone involved. Randy Wilkerson, Director of Code Enforcement, 13' floor of this building — I will keep it brief. One of the questions was your neighbor having a $250 fine and the fine being disproportionate. One of the things that came up over the years that there was no path to continuous enforcement, it was only done during hearings, vacant & abandoned, or demolitions. We now create a path which is legal, once they get three (3) citations we bring them in for a hearing for continuous enforcement to get them to step up to the plate. We have been having some technical problems with our software. We have been citing things on paper, most of the properties are currently cited that have continuous enforcement orders on them and are working on other properties in the area that have not complied at this point. We have a 44% compliance so far. Mentioning door hangers, we discussed that in our staff meeting where we will be getting yard signs to place in the yard that will signify a violation with the timeframe to comply. Everything that we are doing in the department is proactive. I know there has been disappointment in the past, and I understand that. The way we are moving forward is to hold people accountable. As far as the nine (9) inches versus the twelve (12) inches, I always thought that was crazy to have two different ordinances for properties. If a lot is vacant next door we have to wait a week to come back to do enforcement. This makes it more consistent, which helps us to go out and cite on a continuous basis by cleaning up our time in the field, and allows us to properly cite people, automatically putting a fine on it. This makes our job a little easier and faster for the code enforcement officers. Last thing about property owners, there were some concerns about fines 11 REGULAR MEETING JUNE 22, 2015 and being able to make payments. We are willing to work with anybody to allow payment plans and work with them to get someone to cut their grass. Council, as you know I have been at every meeting that you've asked me to attend. Same with any residence, I have an open door if you want to meet with me just give me a call. I'll gladly let you ride with one of our inspectors, I'll meet with you any time you want to talk about anything. Those wishing to speak in opposition: David Wilson, 1109 21st St., South Bend —'The only question I want to ask is, what about the leaves? I have a house next to mine that my fence is covered with leaves. Their grass is covered with leaves and starting to grow into the siding of the house, how do you take care of that? Jason Banicki- Critchlow, 3822 W. Ford St., South Bend— I live in the 6" District, I see Oliver helping us out with the code plenty. What I see is we have a Mayor that was in a hurry to tear down 1,000 houses in 1,000 days and didn't have a contingency plan to deal with those lots afterwards. Most of my neighbors keep their yards well maintained, most people in the 2 °d District keep their yards well maintained. What I see is a ton of vacant lots that are three (3) and four (4) feet, before we consider any new ordinance and set the fine three (3) times higher than the initial fee, we need to ensure that we can enforce what we have before creating new laws without the enforcement mechanism in place that are verifiable. Make sure the city is behind what we are doing, that the management structure is in place; to not have communication between departments already in place doesn't make any sense. I agree we need to update part of the code to make it more conformed. But we cannot neglect to say that the Mayor for the last 3 t/2 years has been rushing to tear down these houses but he has not worked with code to make sure those lots are properly maintained without a plan on what we are going to do moving forward; not six (6) months from now, but six (6) days from now. So I don't have to go for a run around my neighborhood where I have to worry about rats or raccoons coming out to attack me. This is a quality of life issue when you don't have a clean neighborhood. It gets dangerous when you have three (3) to four (4) foot grass. I don't think that throwing new dollars at this and turning them over to collections, saying we are going to get better by charging people when most people over there don't have the money to waste, is going to fix our problem. Roy Saenz, 921 W. Colfax, South Bend — I want to know how this is not circumventing the budget process. If we have 44% compliance that means we have 66% non - compliance, which means out of the Mayor's 1,000 houses that's 660 properties and we are going to spend money ahead of time to mow these as an expense as dollars, that we may not get back. Even though we have a collections process, what do you do when over the last five (5) years with folks that have bought lots under LLC's, corporations, or land trust and are now unable to be tracked back to collect those real dollars? The second question is whose going to keep the city in check for their properties, I have a property adjacent to one of mine, where the cities grass is this high where I maintain the lots around it? Samuel Brown, 222 E. Navarre St., South Bend— I represent the group Citizens United for a Better Government. I am asking you to not pass this ordinance tonight until the city steps up to do their part as it is hard to make homeowners do their part, especially when we have a budget for it. I don't know the reason why they are not doing what they are supposed to do, as you can ride around the city and see it for yourself. Don't put this burden on the citizens of South Bend to do this, let's start where the problem really lies. At 1105 Huey St. I know the guy that cuts that lot, but the lot next door where they took down a house doesn't get cut on a regular basis, what do I do? So please don't pass this law until the city steps up and does their part. Jesse Davis, P.O. Box 10205, South Bend — I was up here last time, I brought up the issue of finding the proper people. I have a property in Mishawaka where I was getting letters from code to mow my grass and cut down trees even though the house had sold in 2013, I did that for two (2) years at my expense. I tracked down the LLC in Colorado that bought my house and asked why they weren't maintaining it and did not transfer over the deed to their name? As code enforcement calls here and the recorder says Mr. Davis is the owner of that property, so I get the fine even though I'm not the owner. There are a lot of other things that come in to play here, as you may be chasing a dead goat. There needs to be other things that need to be looked into, tax sales, deeds... Something needs to be fixed there. You have councilmembers, Dr. Ferlic making 12 REGULAR MEETING JUNE 22, 2015 a comment this will be a way to create some tax revenue. You can't find ways to create new tax revenue, that is illegal and against the federal law. This looks like you want to jack fines up for these departments to create revenue to run the departments. That's what we pay taxes for. Councilmember Henry Davis made a great point $12.1 million to the Parks Department, some of that money has to be for mowing. The City Code enforcement department writes another check for $190,000, or closer to $170,000, then the redevelopment writes another check for $34,000 that is almost a quarter million dollars above their $12.1 million budget just for mowing; when everyone is telling me that the lawns aren't getting mowed. Bottom line here, it is not a matter of fining the public, and you don't want to increase fines, then you don't want to have Council people come up here and say that is a great way to generate some tax dollars. That's basically what he is saying, if you don't believe me I'm recording it. You can't raise tax dollars for any department by fining us. So I think you better put this on the back burner again, as the ownership issue is a big one. I was nice enough to mow the lawn for properties that I don't own but I'm not going to do it again. The bank needs to step up and take ownership, you have foreclosures where people should not be liable for those issues. Rebuttal: Council President Tim Scott, stated that what we are looking at here is the letter of the law what is current and what is proposed. There is a lot of conversation about capacity and the City Code, and what the Parks Department can or cannot do. This is two - prong, what needs to be addressed since 1962 and what's in front of you is directed at the property owner to take care of their business. Right now what we have done so far has not worked, we want to direct the changes to the owner make them responsible to cut it. There has been a lot murmurs about vacant lots that the city tore down and now it is the cities property and the city needs to cut this property, and why hasn't the city mowed it because we know Parks has a capacity issue. Whether there is a house there or not that property has an owner. The city is doing all of us a favor by mowing that yard, doing it under the continuous enforcement. How do we get this to stop? When what we are proposing here is trying to break and end that cycle. Last thing, the Park's Department is basically a contracted agent for the Code Enforcement. Code has their own budget alone and add more capacity to the Park's Department by the Park cutting properties they do redevelopment. The budget for Code Enforcement is $175,000 based on violations. Out of $175,000, roughly $40 each for about 3,500 cuts, we know the Parks Department can't cut that. But let's not confuse issues with issues that is for the Resolution that we will come up with in July. What we want to do is ask for a vote on the letter of the law with the changes that we are proposing here. Councilmember Dr. Ferlic interjected we need to answer the question about the leaves, how is this effected? Council President Scott stated it will be a code violation, if it is over nine (9) inches it will be in violation, but I suggest you get with Randy after this. Councilmember Dr. Ferlic addressed Jesse, I never meant to imply that this is a tax revenue. Councilmember Derek Dieter interjected we have to answer everyone's questions. The other question had to do with city lots. Councilmember Oliver Davis stated he did make a statement towards it whether he answered it or not is another thing. Council President Scott replied people think that vacant and abandoned properties are city lots which they are not city lots. Of the city lots, parks, and all public land there are 395 parcels that the city owns and 300 of those are in Ignition Park alone. (Roy Signs from the Council audience reiterated my question regarding the city lots, is about the lots deeded to the city and who is going to hold them accountable for that property ?) Councilmember Dr. Ferlic responded you would call Randy about that as I have several lots that are not up to code. You would call the code department to make something to happen, as this is not justified. I want to clarify with Jesse that I never meant to imply that you raise taxes by fines, they are not deductible by the IRS. You can't deduct your fines from the IRS. I'm saying quality of life issues are the reason why people move into a city, by getting more people from the outside to move in to South Bend because we keep our lawns correct and our house correct, then we will create more tax dollars. Council Attorney Kathy Cekanski- Farrand in response to Oliver Davis in two sections of the proposed bill noted, it specifically states that the fines that are proposed; and that all the other items that are in the city code currently are supplemental in any other revenue or action that the department of law can take. If it is an emergency or a public health issue that is over and above does not limit and states that specifically. In response to Councilmember Henry Davis' questions the State specifically states that it is up to the Common Council to set the ordinance. 13 REGULAR MEETING JUNE 22, 2015 Councilmember Henry Davis interjected I did not ask that question. Council Attorney Kathy Cekanski- Farrand continued the other issue is that the regulations have to be consistent with the governing law cases in this area that I mentioned to the committee. We followed the Bloomington case law which was handed down in December of last year. Councilmember Henry Davis interjected I read it, and I did not ask that question and want to clarify. Councilmember Derek Dieter stated everyone will be able to make comments. Councilmember Oliver Davis asked if a Councilmember doesn't use their five (5) minutes can we get their five (5) minutes. Councilmember Derek Dieter replied if we take a vote on that and you get majority of the vote. Would you like to take a vote on that now? Councilmember Oliver Davis responded not now, if and when that occurs. I would like to state that someone else should time Mr. Gavin Ferlic as he will be keeping the time. Councilmember Gavin Ferlic interjected, I will keep my comments to 30 seconds. Council President Tim Scott — I would like to thank my co- sponsors Dr. Ferlic and Karen White for co- sponsoring this. Also Randy Wilkerson, Crystal Briscoe, and Tasha Outlaw from legal, and Brian Pawlowski from the administration, John Martinez from Parks and Kathy Cekanski- Farrand for her work. We looked at several different ordinances, and the one thing I see in the 1st District is we are doing the same thing over and over again and not getting any results. So tonight the language that we put up is step 1, hold people responsible for their properties that's what this does, as it allows rain gardens, artistic use of grasses and natural landscaping and makes the law consistent. I do appreciate your vote on this, I do appreciate your comments on this. I know we have a larger conversation to do with capacity and the administration. I think that will vet itself out. Within the Resolution we brought up getting youth and mentor programs with youth to pick up that program to be able to add to capacity. Where right now there is a monopoly with the Park's Department cutting everything for the city. What I would like to do in the Resolution is to open that up to be bid on where people are actually employing youth during the summer time. We will have that discussion in July. This has been endorsed by legal and code. I appreciate your vote on this Councilmember Gavin Ferlic — I will just say I think people respond to incentives. I think this will help with overall enforcement, I think the more compliance you have based on private property owners mowing their lawns the fewer lawns the city will be responsible for mowing. It is not the city's responsibility to mow private property, it is the private property owner. If we can put a greater burden on the private property owners specifically the delinquent property owner we will get greater overall compliance and be able to address other properties as a result. Councilmember Derek Dieter — There are several issues that everyone discussed, where is the line of the council's job, where's the line of the city's job and the role of the city council; is it supposed to be like a watch dog, where you have Dr. Ferlic who goes out to look at yards. The intent is to keep your lawns cut. In the end this is a first step and probably not the last step. Councilmember Scott needs a lot of work to see who will be the final person in charge if we get to that point for other people to cut. I hope with this being my six (6) months on this council, that this will be a wakeup call for the Council during their next budget cycle, because of the 11 years that I've been here when we ask city department if they need more staff, need more equipment, need more capital to tell us and nobody ever has. This will be the prime example and hopefully when the budget process comes around, we look at the budget and all those figures and when they aren't there we say no. We are done, we are done babysitting for you, and we are done doing all these quality life ordinances. You can go down the list that it has been the Council who has stepped up and done the job for the city workers and administration that they haven't done theirs. Those are the issues that I am looking at. These are valid points. Something needs to be done, this isn't going to be perfect and can continued to be fine- tuned. Like Oliver Davis said, there are a lot of people, granted they may have been to other meetings, but when the rubber hits the road I don't see the Mayor, the assistant Mayor, assistant Mayor 2, Parks those people need to be here. Like Randy said there is a problem with the software, but that should be fixed within a week. Councilmember Oliver Davis — My daughter went to a trip last week to Cincinnati. I asked how much is the trip? She said $40 dollars. I gave her $40 and a little change. If she came back and said she needed $20 more, I would ask her what she did with the money I gave her. The role of 14 REGULAR MEETING JUNE 22, 2015 the Council is not executive but to make sure the money is in the bank. So we came last year and made sure the money was there for the Parks Department which was needed to cut all those yards, so they can hire summer youth programs, individual people if they will, we took care of that. We had a balanced budget. Then in January they came back as they wanted money to raise more fees. I said then if we pass this you will come back in the summer time and ask for more money; well, here we are now. So I ask myself what happened to the money why do you keep coming back. The 1962 rule, with all due respect to the person who wrote it, the issue is not the rule but the issue is it's not enforced. You can have the best rule whether created in 1955, 45, or 62 but if you are not having enforcement with it what can you do? You can pass all the rules in the world, I can make all these rules to my daughter you're going be home at 10 o'clock, you're going to do this, you're going to do that and if not I'm going to take it away. If I never take anything away then I'm not doing anything but blowing hot air. My job is to make sure the money is there. That's the Mayor's job to make sure the yards and everything is cut; then to not have Parks here. Our President tonight opened up by thanking Crystal Briscoe, John Martinez, and Brian Pawlowski from the Mayor's office. I wish I could thank them too. They talk to him, they talk to the sponsors. But when it comes to this meeting they didn't show up, when we had our afternoon meeting they didn't show up, when we had a meeting last Tuesday they didn't show up. If we have a legal budget why would we pass anything it the legal team didn't show up. If we have a code meeting and the code people don't show up why would we pass the budget? If we have Parks and they don't show up why are we going to pass something? If my daughter needed money and she didn't show up to get the money, why would I give her the money? It doesn't make any sense. If she really wanted to go on the trip, she needed make sure she would come get the money. These folks aren't even showing up. I asked this Council and I'm going to ask again tonight, can we just delay this to July 13' so we can have a meeting and talk and get some of things out the way and clear it up. Then we may pass the bill. This should have been brought up during budget time anyway. Tonight if we were to pass all these fees, if we didn't have to delay everything, the amount of fees on solid waste and all this in one night, that's ridiculous. All of that should have been brought up during budget time as well. At least they are giving us ahead of time for the budget. For us to pass all this now, that is not the Council's responsibility. We have done our job, for over the last few years, I've questioned. For Mr. Banicki and all those who came in from the 6" District, the grass is a mess in 6" district. They have cited them all, they're over at the Parks department. If he needed more people he should have told us. We asked him if he had enough people last year. Now he doesn't even come back to say that they need something in that department. Why should I give the department or the Mayor any more money when they don't take the time to come here? That's not fair. I'm asking in all fairness to the administration to show up on July 13th, there is no rush between two (2) weeks, the grass can grow one (1) more inch. This is really ridiculous, this has been my number one complaint. It looks targeted that 6" District grass did not get cut last year; it looks targeted because 2 °d District didn't get cut. That is my number one complaint when I go to Kroger's. It is interesting, Randy has done his job, much respect to you. Now they come back and here we go again, so no money from me. Councilmember Karen White — I would like to share that the intent of this ordinance is to address a major problem which is the cutting of lawns. In terms of code, this is the second leading category of complaints. I think every Councilmember here can attest that the citizens, who we've been elected to serve, have approached each and every one of us in regards to not only this issue but a number of issues. I would not sit in this seat and not indicate that enforcement is an issue. We as a Council need to find means to address this issue as well. It is a work in progress as with any ordinance. We can continue to work through it, to modify it, and to address it as well. I am asking for your support. I am asking for the Council to work together as we address not only this issue but other issues as well. I go back to my earlier statement, it was the Council that was able to push forward the whole issue of illegal dumping that came from Councilmember Henry Davis within the 2 °d district. There was a disproportionate number of illegal dumping in that area. It was this Council that pushed forward the graffiti, it was this council that worked with chronic nuances; all of that came through this council. I want you to look at the substitute bill that is before you. I ask for your support as we do move forward knowing that there is a number of areas we need to address. One of which is Parks and working with the administration. I agree with Councilmember Davis that they should have been here. 15 REGULAR MEETING JUNE 22, 2015 Councilmember Dr. David Varner — I have the privilege of hearing this discussion every year. We have had the problem with un -mowed lawns as long as I can remember. In the past we raised fees, in the past we were told there would be greater enforcement, and in the past we have been told that the Parks can do an adequate job if we brought everything under their umbrella. I think for the most part, they have done as well as they could with what they have. I'm not sure all of it has gone as well as we wanted. I think some of it has gone to do parks rather than what we thought would be abandoned homes. None the less, the job of this council. I have no desire to be an administrator. Our job is to give them the tools that they need in order to pursue the resolution to this problem. The only resolutions we have had were a fine mechanism, follow -up mechanism, or ordinance violation mechanism. If this is adopted tonight, even with refinements in the fixture, if the lawns are not mowed and the bills aren't collected, it could amount to substantial fines. If it is not aggressively and equitably enforced it is not the Council's fault, it is the people that handle the administration, who tell code enforcement we need to get you more money to do some more lawns. It is the people who say code enforcement is going to give the bills and levy the fines we're going to collect them and code enforcement can continue to write their citations knowing there is some authority behind it who will follow up. That is the job of the administration which is why they are called administrators. We provide them the tools and the opportunities, I think this is one opportunity; I don't know what it takes to get people to mow their lawns. I know what we have done in the past hasn't worked, I know that some people will respond, some people won't, and some people will never respond. I applaud Mr. Scott's efforts to apply some serious fines to those who have been in continuous non - compliance. Why should people mow their lawns when they can ignore it, which they do? Like other people I have mowed other's lawns when they move, I will probably continue to do it as its necessary but it sure would be nice if this was taken and applied equitably and thoroughly across the board, get their attention and got some of these lawns mowed. But all we can do is supply the tools, this is a tool, where it goes from here is up to the administration. Councilmember Dr. Fred Ferlic — I personally want to thank Randy in the new Code Department. He has incorporated some SOPS that have never been done before in this city. When I first got involved in code three years ago, when you looked up a certain property, there was 150 pages of it which was impossible to decipher. Now with the new operating procedures, the Code Officer will ride around in a certain area then pull up the house on GPS that registers the address, takes a picture with his I -pad that goes electronically to the Code's department. Then the codes department can send it to legal, then legal decides when to send for citation or the collection agency. We have a whole new plan that I think will make South Bend a nicer place to live. That is the important thing, I think this can be enforced. Has it been in the past? No, my other Councilmembers are exactly correct. You never stop speeding in Roseland until they start enforcing it, now you don't speed in Roseland as you know you will get picked up. The problem I have in my district is with the LLC's, the banks, the absentee landlords, not the usual one or two citizens. Basically I have to call banks, real estate agencies to mow their yards or we will have to file alien against them. I think the last thing is, I hold Code responsible to do this job as they get paid to do the job. Ultimately code is under the Mayor's jurisdiction, if the Mayor doesn't get it done he is accountable for it. I think our present Mayor Pete, Randy, and others in the administration will get the job done. If they don't buyer beware as I won't vote for them if that's the case. We just celebrated our 150' Anniversary, we have a great chance to make South Bend a great city again. Let's take the bull by the horns and let's get something done here. Councilmember Valerie Schey — So I am speaking both as a taxpayer and second as a Councilperson. I am supportive of this bill, but I have listened carefully to both sides of the debate. I feel it is my responsibility to explain why I am going to support this bill. The complaints that I've heard are primarily from the 6" and 2 °d district residents. I do want to say per Randy's comment about the red flags that your team will be leaving behind once you cite a property, is a wonderful ideal. It is a visible indication that your team has been there and can potentially delay some frustrations that residence have that these properties are not being cited. I want to encourage you and your team to pursue that because that can help with the concerns that I've heard here. As a taxpayer, I know that we as a city have budgeted for, and using taxpayers' dollars to clean up illegal dumping, the code enforcement crew does that. We are not charging the negligent property owners or individuals out in the alley doing all of that illegal dumping. We are charging you, the taxpayer to carry on that burden. Kathy Cekanski- Farrand maybe you can help me, what is the total amount we budget each year to clean up illegal dumping? Council 16 REGULAR MEETING JUNE 22, 2015 Attorney Kathy Cekanski- Farrand stated she was uncertain. Councilmember Karen White responded I think it is over $200,000. Councilmember Schey continued my fiustration as a taxpayer is that we have irresponsible people that are going out and dumping in the alleys and we the taxpayers don't collect on that effort. We are the ones picking up the burden on cleaning up this illegal dumping. The ordinance before us is a similar sort, the quality of life issue where you have the irresponsible property owners, absentee landlords, for example who aren't maintaining their property. By us continuing business as usual, where we send out code crews or park crews to cut the lawn, we are once again putting the burden on tax payers. What this ordinance is proposing is increasing the fines on those irresponsible property owners to... (Interjected by Councilmember Henry Davis) Councilmember Schey stated he just said on the taxpayers which I disagree. We are currently putting the burden on the taxpayers every time Randy's crew or the Parks departments has to go out and cut those lawns at no cost to the property owners. What the ordinance proposes is shifting that burden, as I believe is the right thing to do, on the irresponsible property owner. As I understand from Jesse's comments I understand the point of tracking down ownership is not as easy as one might think. At the same time I hate to think that we the taxpayers are paying for all of these various programs, the illegal dumping effort. I like the idea of increasing the fees and fines where the irresponsible property owners are fined. I understand it is a slow process to increase collections. But I would like to shift the burden for maintenance of these properties that are not city properties but are privately owned properties. So I will support this bill. Councilmember Henry Davis Jr. — I have a question from earlier before I give my final comments. So I can make an informed vote. When you begin to attach fines or fees to a certain property owner when they don't pay for it that goes to a collection agency then they can apply a lien, take them to a court hearing, and/or do check garnishments? Council Attorney Kathy Cekanski- Farrand responded all of the above. Councilmember Davis asked then can that lien then turn into a foreclosure that ultimately ends up back in the county to the city and we start the cycle all over again? Council Attorney Kathy Cekanski- Farrand responded upon sale it would. Councilmember Davis replied, but that can actually happen right? Councilmember Dr. Ferlic stated it happens, I bought one recently at a commission sale. Councilmember Davis replied the framework is what I laid, if they go to a lien, it can ultimately end up back in to the hands of the county? Let's say I refuse to pay, for years, and they put a lien on my house, what happens then? Council Attorney Kathy Cekanski- Farrand responded in order to sale the home the lien would need to be paid for by the new purchaser to have the deed on the house. The foreclosure only relates to a mortgage. Councilmember Henry Davis replied what do we do if we continue to fine the owner and if the owner doesn't pay? So no one knows the answer, this is why the Mayor needs to be here. We are not just talking about grass cutting but neighborhoods and what people see and feel in a city. I've never seen this city look this bad since the amount of time that I've been on the Council. I'm telling you the truth I'm sick of calling code enforcement, sick of sending emails, and stopping code workers to cut the grass. This is ridiculous. My problem with this, is we come in with a new charter and raise the fees and think maybe people will cut the grass. However, it does not change the fact that it is not being done through enforcement. You talk to Code Enforcement, "we cited." You talk to the Parks department, "they never got it," what's happening here? The Mayor needs to answer that and his department heads. I am tired of always having the conversation with you, fighting with you guys on things we have no control over. The enforcer needs to be here, the administration has to be here. We can't continue to do this; this is crazy. We passed this three years ago, this came from me to make sure there was a plan for vacant and demolished buildings. Before the home was demolished, we needed to answer why the home is being demolished? We have not gotten anything back from the administration. That was three years ago and here we are dealing with that same issue. We keep asking for it to get done, nothing is getting done. Then we become the whipping boys, tomorrow there will be something about us arguing and fighting in the news, yet enforcement is not happening. The Mayor is not doing his job. We talk about how Randy is going to do a good job, I don't know that, I hope that he does. We have had three Code Enforcement Directors in three years. Meanwhile people on Chicago St. can't even see their front doors, meanwhile the neighborhood wood chuck has grown bigger than my son, meanwhile the neighborhood possums are hanging out. I am serious about this. I am going to ask that this Council tables this to the next council meeting until we get some clear answers from the Mayor and the department heads. We had Phil St. Clair come in with Jesse Davis where we talked about grass cutting. That young man had his son cutting the cemetery but we never got any answers back. Yet we keep pushing 17 REGULAR MEETING JUNE 22, 2015 money to the departments to do the job that they are supposed to do. I am asking for a motion to continue until the next council meeting to get the answers that we are all looking for. Councilmember Henry Davis, Jr. made a motion to continue substitute bill 22 -15 until July 13th, 2015. Councilmember Oliver Davis seconded the motion which did not pass by a roll call vote of two (2) ayes by Councilmember Henry Davis, Jr. and Councilmember Oliver Davis and seven (7) nays. Councilmember Mr. Gavin Ferlic made a motion to send substitute bill 22 -15 to the full Council favorably. Councilmember Dr. Fred Ferlic seconded the motion which carried by a roll call vote of seven (7) ayes and two (2) nays by Councilmember Henry Davis, Jr. and Councilmember Oliver Davis. 24 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 7, OF THE SOUTH BEND MUNICIPAL CODE TO DECREASE THE SEWER INSURANCE PROGRAM DEDUCTIBLE AND TO MAKE OTHER PROGRAM CHANGES Councilmember Derek Dieter made a motion to continue bill 24 -15 until July 27th, 2015. Councilmember Valerie Schey seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay by Councilmember Oliver Davis. 25 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS Councilmember Derek Dieter made a motion to continue bill 25 -15 until July 27th, 2015. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay by Councilmember Oliver Davis. 26 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, SECTIONS 16 -6 AND 16 -8 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS Councilmember Dr. David Varner, Chairperson, Utilities Committee met this afternoon and send bill 26 -15 to the full Council favorably. Presenter: Eric Horvath/Director, Board of Public Works, Offices on the 13' County- City Building — In front of you, is the ordinance regarding solid waste. The last rate increase that we had on solid waste was in August 2008. Since then we had a number of pressures on cost for both personnel salaries, benefits, fuel tipping fees, and replacement of equipment. During the time through 2008 through recent times we had a declining funds balance, which we discussed during the budget procedure at that time. We talked about a 9% increase to keep funds solvent by the end of the year. We have subsequent to that budget meeting, sanctioned a rate study that I provided to you. They did a performance, looking at expenses and revenues as well as projecting that forward in the next couple years with the needs of the department and have come up with a proposed rate ordinance of what you have in front of you today. That rate increase is set forward in the ordinance. I am here to answer any questions that you have today. Councilmember Oliver Davis — You mentioned the report that they gave you. We are all aware of House Bill 10 -01 and the challenges that happened. Are you aware of that with House bill 10- 01 the circuit breaker? Eric Horvath replied yes I am. Councilmember Davis continued are you aware that from years 2000 -2015, and now we are waiting on a report from them for the years of 2015 -2020 on the current impact of what will happen to the city? In terms of what the state is doing and how that is going to impact the local government. Are you aware of that? Eric Im REGULAR MEETING JUNE 22, 2015 Horvath replied, sure. Councilmember Oliver Davis stated then my question that I have, for those who are not aware of that they will be cutting our local fees even more so. Over the next five (5) years that was a report that one of the news networks just did, in which they will be cutting more and more revenue from city budgets? What do you think will happen if every department head came up to us in the middle of the year to say that our budget hasn't been raised since a certain year, and now we want to raise? What do you think will happen to us? What if every department did that? Eric Horvath replied this is an enterprise fund and so if you don't continue to have a balanced budget on an enterprise fund you have to do something to change that. You can't run in the negative it has to balance, it doesn't leave us with a lot of options. One option would be is a revised program. It is a matter of providing a level of service that service has cost associated with it. If you have a certain level of service it will cost something. If we are at a point where we don't decide to do anything with rates, given the existing situation with expenses and a declining balance which has gone from $1.2 million in 2012 to $913,000 to $300,000 in 2014, based on the lease payments that we are making on equipment for new trucks, then you have to change something to either not doing yard waste or doing solid waste every other week or whatever you want to do to change the level of service in order to still be able to do this and cut the expenses to meet existing revenues if we are not going to increase the revenues. Councilmember Oliver Davis asked so when we look at the upcoming years with the cuts that will come to our city, how is the Mayor guiding you in your department, did he say that you need to continue to raise fees, do you need to cut back in your department, how are they guiding you in making your decision? Eric Horvath responded we've had discussion on the enterprise for a number of months. First discussion was when we had the budget, I provided slides showing the declining rate balance. We had a discussion on the need for a revenue increase. The budget that you passed included a revenue budget that had a 9% rate increase in it. Councilmember Oliver Davis inquired so now you are asking for another 9% on top of the other 9% already given to you? Eric Horvath replied no this is that 9% that we were asking for. Councilmember Oliver Davis replied so the budget was already passed to deal with that so why are we here again tonight to deal with it? Eric Horvath responded the revenue budget was passed, however you we still have to raise the rates through an ordinance for the fees to take place. The expense budget gives us the ability to spend the money. The revenue budget is set on the amount of revenue that you think will come in. To a certain degree we are always making estimates on it, as you are never certain on how much revenue will come in. Councilmember Oliver Davis, inquired what are you doing to make those estimates? Eric Horvath replied we mostly use previous experience. Councilmember Oliver Davis responded so at the wish of the Mayor, he is wanting to raise the rates to 9 %? Eric Horvath stated I have explained where we are with the declining balance. Councilmember Oliver Davis replied I just want to make it clear to the public that it is the Mayor that is wanting the rates to raise not the South Bend Common Council. All these raising of fees tonight, with the Council raising fees, the Mayor looks great. I want it to be said that when I walk to Kroger's and hear, "the Council keeps raising fees and the Mayor is great." I want it to be clear that it is your boss, the Mayor that is asking for these fees to be raised. Erik Horvath responded we are coming to the Council asking for the rates to be increased. It is the Councils responsibility to raise the rates. (Oliver Davis interrupted whose "we ? ") The administration. It is the Councils jurisdiction on whether or not we raise the rates. Let's be clear about this if you don't raise them today then I have to figure out what I do with trash and yard waste and that's what we will have to figure out. Oliver Davis then asked what would be the options if we don't do this tonight. What are some of the things we can do? Tell the people. Eric Horvath replied I'll sit down and have to figure it out. We can do a number of things, we can go to every other week trash, and we can cut yard waste out. Councilmember Oliver Davis explained the reason why I asked what is the rationale for us if we choose to not vote on this, is to see what it cost the city of South Bend in terms of dollars? How much it cost to have the rate for them to have trash pickup every week, what are the options if we don't do this tonight what happens? Make it very clear so the people here can see it; so that Erin and those writing this can put it clearly that if we don't pass this is what happens? Eric Horvath stated I made it clear we will go back and figure out how we balance the budget. Councilmember Oliver Davis responded that's not enough to take home, I can't share that with the people when I'm asked why we didn't pass it, "oh so we can go back." I need some specifics. Eric Horvath stated so are you asking us to cut the level of service that we currently have? Councilmember Oliver Davis what I'm asking is if we don't pass this what will that cut look like? I am seriously asking this as we have a lot of fees here tonight. My concern is that we already passed the budget. Then in January we had another fees issue and I told everyone that 19 REGULAR MEETING JUNE 22, 2015 who's coming back here now that it is being perceived from the general public that we are just now raising all these fees on top of everything else. We don't have enough information up here, the administration is not here to talk to us. So we have to go out to defend this if it's going to pass tonight. I am asking you kindly what will the city look like if this budget is not passed with your recommendation of what the Mayor is asking of us tonight? Give us some clarity. Eric Horvath replied I will be honest with you, I would need to sit down and look at it. I have a number of components to expenses that I don't have control over. In terms of personnel those fees for the teamsters are set, I can't lower wages but I can cut the number of those doing jobs that's one option. Benefits are set, fuel cost are what they are, we bid those out so we try and keep those down but not a lot of flexibility, tipping fees are set with the landfill. I have lease payments that have existing lease agreements signed by the city that are ongoing payments we need to make, that are already set. There are a number of expenses where there is little to no room for flexibility. I would have to sit down and take drastic measures on how we balance the budget without a revenue increase. The last revenue increase was in 2008. Have you had raises since 2008? Councilmember Oliver Davis stated in 2008 we came up to this council to deal with House Bill 10 -01 and we had to take all the heat from the community and had to raise the taxes when Mishawaka and other places didn't follow suit. We led that, which is why we are here today. Yes, I was here then. So my point to you is this, you stated that we need to sit down and do this. This is the time for the budget directors and everybody to sit down and deal with this now during budget season and not put all the pressure on the Council for this. Present to the people if you don't pass this, this is what you are going to have; you will have trash pickup every other week. People need to see clearly what this is about and they need to have it in dollars and figures from point A to point B. We need to have option A, B, and C so people can clearly see why we choice option A not just because the Mayor wanted it or just because you wanted it. I need to go and tell this to the people. I have to be responsible for that. That's why we just can't say we want 9 %, why wasn't 8 %, 5 %, 3 %, I don't know those answers, that's all I'm saying to use. Councilmember Henry Davis — How do we keep up? The reason why I asked that question is because our poverty rate is at 30 %, the household medium income is $35,000 when the national average is at $50,000, and the individual income is $21,000 which is a lot lower than national state average. There was a department study done for individual states that you need to make at least $14/hour to get a one or two bedroom apartment here in South Bend, IN you can't get that making $21,000. Then our free and reduced lunch is at 75 %. I'm not challenging you, understand what I am saying, I am looking at our conditions, how do we keep up? Eric Horvath stated I appreciate that comment. There are lot of people that are hurting and are in tough positions. We all need to work together to figure out what that answer is. It's not just the city that needs to be a part of that answer, that's the community too. That's a bigger issue all together. I get that this is one component of all the issues that are hitting now. What we are talking about is a $1 increase on the trash bill to help us keep the trash fund solvent. Councilmember Henry Davis, Jr. replied I get that Eric, but I can't go directly there, I have to go there and everywhere else in order for me to pay attention to all the things going on. What I will say is, yes you do have a very difficult job. However, many of you came in with 30% increases, 50% increases for your jobs. You asked Councilmember Oliver earlier if he got a pay increase since 2008, not at 25% I didn't nor did I get it at 50 %. I'm not knocking you, I'm paying attention to all the issues that we have before us. Only thing I can go back to is these are all tools for gentrification. The current people in this city cannot continue to live in this city with rates being increased the way they are now. A lot of people are on fixed incomes, or they're uneducated so how do we keep up? Eric Horvath responded I appreciate what you are saying, but you also need to understand that we cannot not pick up the trash. Right now our rates are lower than anybody in the county. The folks that are getting picked up in the county, through their own individual pickup are paying a much higher rate sometimes double and triple the rates that are in our city. If we drop the trash program all together and let the residence handle it on their own, their rates are going to double or triple as opposed to us doing it on a community wide basis with the economy as a scale. That's a reality we need to face. Councilmember Oliver Davis stated and I believe that. When I take my garbage out every Wednesday night sometimes I don't even do it as there's only one bag in there as it is a household of three. Maybe there's a conversation of the size of households in which you are allowed to get per month versus every week. One month I couldn't fill the trash can up so I only put it out once that month but I'm still paying for it every week. Maybe we go back to private trash collections, allowing people that 20 REGULAR MEETING JUNE 22, 2015 are out who have trucks that have the ability to haul trash away responsibly. Allow that to happen again, that will create jobs and also revenue for our city. I'm here with you, I'm not against you contrary to popular belief. I just don't understand how we come up with these ideas with these numbers I just ran off when the numbers have been consistent for the last four years. Eric Horvath replied so one of the issues there, as I'm not opposed to privatizing any of our amenities if we think that it can be done as well as the city or better. The reality is we have certain benefits that they don't have. We don't need to make a profit, we are taxed exempt, so we should be allowed to compete with them if we are doing as well as the private sector and that should be our responsibility. One of the issues we have right now with looking at privatizing is that I got a location of where they are, I got the equipment, and I got the employees. They would need to depreciate their equipment over the period of the privatization, if we did a five (5) year privatization contract, they are going to buy vehicles at $300,000 a piece times the number of vehicles it has for trash to yard waste which is about 15 to 17 vehicles. You are looking at significant dollars they need to depreciate over that five (5) year period. What do we do with the equipment that we have now, we would have to sell it on the market at a used basis. We will lose money up front, we would need to pay back the grants that we received for a clean city. When I looked at privatization I don't think it was good route for us to go. Councilmember Dr. Fred Ferlic — What are your employees are they teamsters? Eric Horvath replied yes, they are teamsters, we have 17 Teamsters. Councilmember Dr. Ferlic stated I don't think the word privatization will work. Secondly, there are five (5) cities in California that are currently bankrupt, and Detroit filed bankruptcy. They cut their services drastically, and the Mayor of Detroit even cut their water off. Even we go along with this 9% or we cut services period we don't have much of a choice. As far as the question who is responsible for this, of course it is the Mayor who is responsible for this. The Mayor proposes so he has to be held accountable for it. I'm not saying he's wrong for that, he may need 10 %, he may need 8 %, but I don't know, but this is the Mayor's budget so there's no questions there. If that's what he wants then he has to justify it. I don't know how you are going to get out of this but I'm sure there are a certain number of ways. Councilmember Dr. David Varner — I think in the same way that people want to see yard mows and streets clean. We adopted city operations probably 20 years ago. Two things I remember we had independent people picking it up, there was trash on the street every day, as every pick up was on a different day. A lot of people found that to be objectionable, I agree too. Fairly consistently when done comparatively the city's efforts have been in line with privatization and in line with the cost of other folks. So over the years I have not had a lot of issues with it. Eric talks about running and operating efficiently I know there some places where we had some let downs where we can do better. But by in large the city had done a pretty good job. If we have to have a second look in the fixture I would encourage a look at privatization. That would give us some other options other than this is what we decided. The 92 cent less than the proposed 85 cent reduction and sewer insurance will make it a 7 cent increase for 2015. It will be $1 in 2016, so 50 cents over two years. If we are going to explore this, we can't do this at 9 o'clock on a Monday night. This needs to be done in budget. If this is something that we can look at over two years, Eric I would be. I hope we can take a good look at privatization in the fixture, if we can go two times a month I would be open to that too. Eric Horvath replied if I can make a reference our neighboring communities Mishawaka and Elkhart. Mishawaka's rate is $13.77 a month and Elkhart's rate is $12.43 a month which is going up to $12.68 next year. (Councilmember Henry Davis, Jr. interjected when I stated privatization, I meant independent) Councilmember Derek Dieter— So the monthly increase that the council would pass, just to clarify Dave's statement would be how much a month increase? Eric Horvath answered on a dollar basis it would be 96 cents. Councilmember Dieter asked then through the first year to the second year would be? Eric Horvath replied similar 96 cents. Council President Scott — With the fee increase starting at 2016? Eric Horvath responded it will be set for August 1st, 2015. Council President Scott stated so the ordinance needs to be changed prior to that? The ordinance has to be changed minus the budget or anything. Eric Horvath answered that is correct I can make projections on revenue budgets but we can't charge a fee until it goes through council obviously. 21 REGULAR MEETING JUNE 22, 2015 Councilmember Karen White — I would like clarification, I thought you said during the committee meeting that it would be effective 2016. Eric Horvath responded the yard waste that we discussed is 2016. This is for August 1st of 2015. Councilmember Oliver Davis — All the different rationale and the different issues and the different options would you be able to present that in our next meeting and still have time to get that done by August 1st? I just want to see the rationale and the different options whether privatization, and everything else, and the numbers so we can compare those. You put down the Elkhart numbers, you put down the Mishawaka numbers, I just want to see it and have it as a part of our record as something that you present. The thing about our role is we have to take this out and share with people why we passed it. I have no numbers here except based on you. I don't see why we have to rush to deal with this. That's all I am asking for tonight. I asked for that last Tuesday, for some other things. When I'm sitting at my neighborhood associations and going to my different people, I can pass it out, I can be intelligent. I can share what the Mayor's doing instead of that's what he asked for. So it's not the Council versus the Mayor, it's the fact that we have the documents. We don't have that, that's all I'm asking for. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in opposition: Roy Saenz, 921 W. Colfax, South Bend —The first question is the yard waste shows up on our water bills, and we know there will be some issues coming up with water with the CSO project. It is $1 today, but how much will it be tomorrow? We want accountability which I think the Council has made it clear that accountability with this issue has been financially irresponsible on part of the Mayor's office. We want fiscal responsibility how is it that Mishawaka can balance a budget and not come back every week with a different department asking for money. The department may not operate in terms of a profit, but they need to operate within the terms of staying within the budget. S.J. Sabo, Offices on Mishawaka Ave., South Bend — Mr. Horvath did quite a little song and dance for you. He neglected to mention something very important, and I quote from the paper "but what's driving it more than anything else is the need for new equipment." Not once did I hear him say, we can drop the million dollar expenditure in new equipment, not once. As once again, it is the Mayor's way or the highway. All the apologist are use to falling asleep as they are thinking about what the Mayor wants. They need to open their eyes to see what's going on here. Once again it is being ram routed right past you just like the smart street program and everything else he spent our money on without backup, without facts, without any compromise other than dire consequences. Oh, we'll cut services, if we don't get the money we'll cut this we'll cut that. That's not compromise, that's not intelligent financial planning that's my way or the highway. We have had enough out of this administration and enough of those who aren't willing to question those including members of this council. You know who you are. John Wise, 532'/2 Kosciuszko Street, South Bend— Two things I don't approve of, on trash pickup day I have alley pick up in the back of my house, and I don't have on street house pickup. During the winter months, when we get heavy snow storms and blizzards our trash trucks can't get through to my alley. As the city of South Bend doesn't plow the alleys. So my trash sits in the back of my house for a month to a month and a half before the alley gets plowed. Those who live on Pulaski and Jackson, which are all one -way streets, they all park one direction and have to put their trash out on the streets or they get stuck in the alley and get buried by snow as the trash trucks can't get through. These are very unsanitary practices. It causes us inconveniences when you are talking about jacking up our water bill and our trash pick -up, when we can't get it picked up at all. That is very unsanitary, causing taxpayers' money when it is not being of service to us. Something else needs to be changed. My house went a whole month without being picked up. Animals got into it; that makes South Bend look like a junk yard. A better system of things need to be put together. I wish I had on street parking maybe my trash would get picked up, I don't know. 22 REGULAR MEETING JUNE 22, 2015 Valerie Mora, 4207 Norton Dr., South Bend — At the end of the day the numbers have to add up. The one thing that I am most frustrated about is the numbers never seem to be the same from day to day and they're never substantiated. The Mayor's people don't understand, they did get 30% increases. If you did a market study on those, they were being paid lead market positions, when most of South Bend, like Mr. Davis was talking about, or in the lag the market position. So how can they even relate to what people in South Bend are going through? If you want to talk about the County, the County employee medical benefits blow away what they are giving to their employees. It's ridiculous. I had a huge house in the County, I could afford to run it better than this tiny house in the city. Why, because the taxes are high, the water bill doubled my electric bill doubled.. I went from 4,000 to 1,400 sq. ft. and I lost two people in the process you have to look at the cost of living here and your very real salaries. Look how you are treating your average employee whether it is a city employee or your average person on the street, and the kind of jobs that you are negotiating in this town then you can talk about it. The Mayors numbers simply don't add up. So he needs to come up. The people making proposals she be able to have spreadsheets with plan A. In plan A here is the bottom line, here's the cost, here's the benefit, this is the strength of this, and here is the weakness and so on. So you guys can make a good decision. The little time that I've been watching they keep coming back with their hands out, their numbers have changed, and their spreadsheets have changed, how can you guys make a decision? I wouldn't be able to do that, good luck. I wish you good luck as you're representing me. You almost have to be a magician to figure it out around here. Thank you. Jesse Davis, P.O. Box 10205, South Bend —Not only does everything seem to always increase, increase, you are never going to be able to draw people here if they can't afford to live here. Pretty soon you will have competition here. Mishawaka is starting to put up hotels and a convention center in downtown Mishawaka. I will be watching real close to see how many conventions and people sign up over in Mishawaka that don't sign up over here that you keep dumping the tax dollars into. Everybody is talking about fiscal responsibility, this woman had it right, no numbers match. I brought documents in last week and showed you where Mr. Horvath's numbers that were handed to the committee meeting earlier today, and also numbers that were handed to a judge in a court case under a signed affidavit of law did not match the numbers the Mayor walked in here with and handed to all the people in this room on the sewer insurance program. How much money are we spending on replacing vehicles because we want to change over to CNG gas? That we were making a deal with Transpo to set up a pumping station. Who is in charge of the CNG gas, who's making money on that? As a lot of these vehicles being replaced are being replaced just on the fact that they were on CNG gas. There are some hidden agendas here. I've seen some trash trucks that were out, and now they're being replaced with new ones, they didn't look all that bad. I would be curious to see maintenance records. There are a ton of equipment purchases going on in this city and how much has to do with CNG gas. Samuel Brown, 222 E. Navarre St., South Bend— I represent Citizens United for a Better Government a watchdog group on wasteful spending. He put $30 million in to our Smart Streets, round -a- bouts, but we need our equipment and different things. Maybe we shouldn't do this yet, as we need to take care of that. It's called priorities. You can't go out and buy a new car if you have a roof to repair. I'm glad to see a lot of people coming to the council and getting upset. They are going to get more upset as time goes on. There is a lot of wasteful spending and we need to be more accountable for our money. The citizens are finally stepping up. I like to hear everybody come up and question some of this spending. Christopher Huff, 1831 College St., South Bend — Just to be blunt I am neither here speaking in opposition nor in favor I do have several comments. The first two, thank you Councilmember Oliver Davis for asking what the percentage increase in the proposal is, as it was failed to be mentioned by our Department Director in his presentation. Thank you Councilmember Dieter for asking the actual dollar figure for the increase, as that also was failed to be mentioned by our Department Director to those of us in the audience during Council. You may have heard about this during committee meetings but we didn't know about it. I want to ask, Mishawaka has a provision to pick up all, to take all not just what's in the dumpster. Is that a part of what is in our service? Does this Council receive a capital improvement program annually for a five (5) year and one (1) year time period for this and other Public Works projects, if not you should be. The 23 REGULAR MEETING JUNE 22, 2015 real problem that I have, I really hope that we are not spending one (1) penny to put the Mayor's name on any truck or any cars in the city. A citizen approached the podium to speak again. Councilmember Karen White refused to allow him on the floor. Council Attorney Kathy Cekanski- Farrand stated the Council would need to take a vote to allow him to speak. Councilmember Henry Davis, Jr. made a motion to allow him two minutes on the floor. Councilmember Oliver Davis seconded the motion which did not carry by a roll call vote of two (2) ayes by Councilmember Henry Davis, and Councilmember Oliver Davis and seven (7) nays. Rebuttal: Eric Horvath — I can post the report on the web, as it shows the numbers, the expenses and what our proposal is. We do of course have one (1) year and five (5) year capital plans. The vehicles have been replaced not because we were looking to get CNG vehicles. At the time we replaced them it made sense to go to CNG due to the grants that we were getting to convert to CNG. We are saving by using that, it is a domestic fuel. At some point in the fixture we will be able to use our digesters, to create methane that will run our trucks. Councilmember Karen White: I would like to ask the petitioner at this time, and hopefully I'm not out of order. There has been a number of questions and the need for comparisons in regards to looking at the some of the issues that some of the Councilmembers have raised as well as the citizens. I would like to ask you if you would be willing to continue this bill and come before the council with more detailed data along with documentation. As I believe the Council has raised a number of issues and the citizens as well. Eric Horvath responded I am always willing to have dialogue, that's never an issue. What I would like, just to be clear about what you are asking for, if you can email specifically what you want. That would be very helpful so I can get the answers that you are looking for. Councilmember Karen White replied we will do that along with the questions that the City Clerk has been able to glean from the citizens as well. I think that will help and that would clarify. That would also allow our citizens to have that information as well. Councilmember Valerie Schey — If I may, because you asked for specifics when we discuss this at the next meeting. The analysis I would like to see is the service level at a 0% increase, 4.5% increase, and at the proposed 9% increase. Someone stated that the so- called compromises have not actually been compromises. A 4.5% increases could potentially be a true compromise, if you would present to us a 0% increase, 4.5% increase, and a 9% increase and how that would impact the service level. That would be helpful. The other item where I agree with the resident, it is offensive to those who may not have voted for Mayor Pete to see not the city seal on the trucks but the city trucks have Mayor Pete's name on the door and not the city seal. It would be more appropriate if your department could replace Mayor's Pete name with the actual city seal on those trucks. Councilmember Karen White — I will ask Councilmembers to email Eric as well as the City Clerk. Any citizens who are here and those who are not who may have questions to direct those to the City Clerk's office. I appreciate the presenter and your willingness to continue this to our next meeting in July. Councilmember Derek Dieter made a motion to continue bill 26 -15 to July 13', 2015. Councilmember Valerie Schey seconded the motion which carried by a voice vote of nine (9) ayes. 30 -15 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 2015 OF $200,000 FROM LOCAL ROAD STREETS FUND ( 4251), $800 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND ( 4377) AND $316,091 FROM CEDIT FUND ( 4408) 24 REGULAR MEETING JUNE 22, 2015 Councilmember Karen White Chairperson, Personnel & Finance Committee, reported that they met this afternoon on this bill and sends it to the full Council with no recommendation. Presenter: John Murphy, City Controller, Offices on the 14" Floor— We have had the policy to amend the budget periodically during the year. We currently do it four (4) times a year March, June, September, and December. This is our June report. The city civil funds are governmental funds usually paid with property taxes, local income taxes, or other fees. There are three items on the June listing. One is a $200,000 expenditure but we were actually reimbursed $160,000 for a federal grant so it is really a net of $40,000. The second is for paying agent fees for $800 that are sometimes paid out of the escrow account but in this case we are paying those directly. The third that we talked about in committee meeting is not really a new expenditure. Accounting has been deducting the cost of our bond and we are electing instead to pre -pay that amount as a different way of handling the cost. I would be happy to answer any questions. Councilmember Oliver Davis — Just to clarify for the audience when a transfer is being switched from department to department, that does not necessarily mean that a budget director or departmental director over spent? Is this a way to cover it if a departmental director went over budget, so they are replacing money to cover that? Could you address that issue, since that it was raised tonight that some people are not following budgets? John Murphy responded, I would be happy to. That applies to the one coming up but not to this one, but just in general. Indiana has a rule that you have four categories of expenditures personnel, supplies, services, and capital. Any transfers between those line items require Council approval. Many States don't have that law, they just have a flat budget. Indiana has a more restrictive rule. So most of our expenditure budget transfers relate to satisfying that rule. It doesn't mean someone is over spending their budget. It means one line item like supplies maybe higher than they estimated and they have money from services to cover it. It doesn't mean they are overspending, it is just a way of transferring that. Councilmember Davis asked even if they over spend in one area they may have money in another area to cover it? John Murphy replied, correct. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in opposition to: S.J. Sabo, Offices on Mishawaka Ave., South Bend— I'm not sure whether I'm in support or not of this. I'm sure you guys are more informed than us, but the public we have no idea who's getting this money. I see a lot of from but no to. Is it out of line to wonder where the dough is being shuffle around for or is it like the old shell game where it doesn't matter where the shell goes as you're not going to find it anywhere? It's a question of transparency, it would be nice if the rest of us knew what you were voting on. I presume you do, I hope so, there's no telling for sure. Rebuttal: John Murphy — We have pretty high transparency. We have a spreadsheet that list out in great detail what each of the line items are. The city of South Bend is one of the best run budgets in the State. We just received an award that only one other city in the state received as far as budget transparency from the Government Finance Officers Association. So I think we have plenty of transparency, and you know that because you've been involved with it for a number of year. Councilmember Karen White — Is that spreadsheet available for the public, can they get that budget online? John Murphy responded yes it is filed with the ordinance with Janice. Councilmember White replied so that information is online for the public to have. Councilmember Oliver Davis — Just to clarify that information is available in the Clerk's Office? John Murphy responded is it filed with the ordinance posted online. Councilmember Oliver Davis replied I mean it is posted online, but if somebody wanted to get the hard copy of it as they didn't have the resources? Murphy stated you can get it in the Clerk's Office and we have it in our office too. Councilmember Oliver Davis reiterated, and you have it in your office too. That 25 REGULAR MEETING JUNE 22, 2015 goes back to the question that I wanted you to clarify just for the people in the audience. As we know those things, but for the general population where is this money going to so they can see it. Councilmember Derek Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay by Councilmember Henry Davis, Jr. Councilmember Henry Davis, Jr. can I ask you for a five (5) minute recess? Councilmember Derek Dieter asked if they could finish the public hearing then go for break. Councilmember Karen White stated we need to take a vote as we have a motion on the floor. Councilmember Henry Davis Jr. made a motion for a five (5) minute break. Councilmember Oliver Davis seconded the motion which carried by a voice vote of five (5) ayes and four (4) nays by Councilmembers Dr. Ferlic, Dr. Varner, Dieter, and Mr. Ferlic. 31 -15 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 2015 OF $14,500 FROM WATERWORKS BOND RESERVE FUND ( 4626) AND $297,000 FROM CENTURY CENTER FUND ( 4671) Councilmember Karen White Chairperson, Personnel & Finance Committee, reported that they met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Presenter: John Murphy, City Controller, Offices on the 14" Floor— This is the quarterly enterprise fund appropriation. There are two items on the list. One is for Waterworks interest earned of $14,500 they want to transfer it to a different fund. The second is for the Century Center Fund with SMG, a working contract. They paid the city an incentive fee of $575,000 to appropriate most of the remaining balance, appropriation of $297,500 used for capital and improvements to the center. I would be happy to answer any questions if you have any. 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 Derek Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay by Councilmember Henry Davis, Jr. 32 -15 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 2015 Councilmember Karen White Chairperson, Personnel & Finance Committee, reported that they met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Presenter: John Murphy, City Controller, Offices on the 14" Floor— This is the second quarter June budget transfer ordinance. This is what Councilmember Davis was referring to. These are not additional appropriations just transfers from one line item account to another that require Council approval. In our office we try to come in with every line item under budget, so we have a zero (0) budget policy. So this helps us comply with that policy. I would be happy to answer any questions that you have on our budget transfers for the second quarter. Councilmember Oliver Davis — Again, for those budget transfers and everything else is available through the Clerk's Office if anybody would like to see them. Can you clarify that one more time? John Murphy responded they are available, yes. Councilmember Davis thank you. 26 REGULAR MEETING JUNE 22, 2015 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 Derek Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay by Councilmember Henry Davis, Jr. 27 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA, JMS BUILDING AND ADJACENT PARKING LOT Councilmember Mr. Gavin Ferlic, Community Investment Committee, reported that they met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Presenter: Brock Zeeb, City of South Bend offices on the 14" Floor — Before you is a recommendation from the economic development commission recommending the Council approve the properties which would be known as the JMS building and the parking lot as an economic development target area. Under Indiana Code 36 -7 -12, the building does qualify under the rule and state laws, as the building is listed on the national historic registry. It also meets the other requirements in terms of vacancy and property obsolescence. We ask that you approve this. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor of: Christopher Huff, 1831 College St., South Bend — This is precisely the reason the tax abatement was adopted in the state of Indiana for buildings like this. Particularly those which are historic in architectural value and central city locations to get back instead back where they should be. This is absolutely perfect. Thank you. There being no one present wishing to speak to the Council in opposition to this bill, Councilmember Derek Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember White requested a motion to rise and report to full Council. So moved by Councilmember Oliver Davis. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: John Voorde, City Clerk ATTEST: 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 10:26 p.m. Council President Tim Scott, presided with nine (9) members present. BILLS - THIRD READING 27 REGULAR MEETING BILL NO. JUNE 22, 2015 07 -15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NW CORNER OF NORTHSIDE BLVD, NOTRE DAME AVENUE AND FRANCES STREET COMMONLY NOW AS TRANSPO SITE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Attorney Kathy Cekanski- Farrand requested a motion to amend as it was in the Committee of the Whole. So moved by Councilmember Derek Dieter. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Mr. Gavin Ferlic made a move for passage of bill 07 -15 as amended. A second was not audible if given the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 20 -15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD SOUTH BEND, INDIANA COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Attorney Kathy Cekanski- Farrand requested a motion to amend as it was in the Committee of the Whole. So moved by Councilmember Karen White. Councilmember Derek Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Derek Dieter made a move for passage of bill 20 -15 as amended. Councilmember Mr. Gavin Ferlic seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 21 -15 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2212 MISHAWAKA AVE COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Attorney Kathy Cekanski- Farrand requested a motion to amend as it was in the Committee of the Whole. Sole moved by Councilmember Karen White. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Derek Dieter made a move for passage of amended bill 21 -15 as amended. Councilmember Dr. Fred Ferlic seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes 22 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES This bill had third reading. Council Attorney Kathy Cekanski- Farrand requested a motion to amend as it was in the Committee of the Whole. So moved by Councilmember Karen White. Councilmember Derek Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis made a move to defeat amended version 22 -15. Councilmember Henry Davis, Jr. seconded the motion which did not move forward. The bill was not defeated by M REGULAR MEETING JUNE 22, 2015 a roll call vote of two (2) ayes by Councilmember Oliver Davis and Councilmember Henry Davis, Jr. and seven (7) nays. Councilmember Mr. Gavin Ferlic made a move for passage of bill 22 -15 as amended. Councilmember Derek Dieter seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and two (2) nays by Councilmember Oliver Davis and Councilmember Henry Davis, Jr 30 -15 THIRD 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 2015 OF $200,000 FROM LOCAL ROAD STREETS FUND ( 4251), $800 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND ( 4377) AND $316,091 FROM CEDIT FUND ( 4408) This bill had third reading. Councilmember Karen White made a move for passage of bill 30 -15. Councilmember Derek Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay by Councilmember Henry Davis, Jr. 31 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2015 OF $14,500 FROM WATERWORKS BOND RESERVE FUND ( 4626) AND $297,000 FROM CENTURY CENTER FUND ( 4671) This bill had third reading. Councilmember Karen White made a move for passage of bill 31 -15. Councilmember Derek Dieter seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and two (2) nays by Councilmember Oliver Davis and Councilmember Henry Davis, Jr. 32 -15 THIRD READING 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 2015 This bill had third reading. Councilmember Karen White made a move for passage of bill 32 -15. Councilmember Derek Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay by Councilmember Henry Davis, Jr. 27 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA, JMS BUILDING AND ADJACENT PARKING LOT This bill had third reading. Councilmember Derek Dieter made a move for passage of bill 27 -15. Councilmember Karen White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS 15 -45 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 111 SOUTH ST. JOSEPH ST., SOUTH BEND, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO (2) YEAR VACANT BUILDING TAX ABATEMENT FOR JSK DEVELOPMENT, INC. /SOUTHHOLD, LLC 29 REGULAR MEETING JUNE 22, 2015 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 111 South St. Joseph St., South Bend, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO (2) YEAR VACANT BUILDING TAX ABATEMENT FOR JSK Development, Inc. /Southhold, 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 111 South St. Joseph St., South Bend, IN 46601 and which is more particularly described as follows: LOT AB HALL OF FAME & CHOCOLATE CAFE MINOR SUB AND THE ORIGINAL TOWN OF SOUTH BEND 1sT RP RP6363 09 -30 -08 09/10 and which has Key Numbers 018 - 3091 - 347405 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 a real property tax deduction for a period of (2) two 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. Council Attorney Kathy Cekanski- Farrand requested a motion for purposes of Public Hearing we need to hear 15-45 and 15-46 together. So moved by Councilmember Oliver Davis. Councilmember Derek Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 30 REGULAR MEETING JUNE 22, 2015 15 -46 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 121 SOUTH ST. JOSEPH ST., SOUTH BEND, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR JSK DEVELOPMENT, INC. /SOUTHHOLD, LLC RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 121 South St. Joseph St., South Bend, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTYTAX ABATEMENT FOR JSK Development, Inc. /Southhold, 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 121 South St. Joseph St., South Bend, IN 46601 and which is more particularly described as follows: LOT 38A HALL OF FAME & CHOCOLATE CAFE MINOR SUB AND THE ORIGINAL TOWN OF SOUTH BEND 1sT RP RP6363 09 -30 -08 09/10 and which has Key Numbers 018 - 3001 -0024 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 a real property tax deduction for a period of up to (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 31 REGULAR MEETING JUNE 22, 2015 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. Presenter: Chris Fielding, 14" Floor Dept. of Community Investment — First we would like a two (2) year tax abatement, the total taxes abated are $107,800. On the nine (9) year, it will create 38 new jobs and total taxes to be abated are $945,000. The petitioner is hereto answer any questions that you may have. Petitioner: A.J. Patel, 247 N. Dixie Way, South Bend— President JSK Development, we are excited to do our new hotel in combination with the Hall of Fame. Council President Tim Scott — What will happen to the grid iron out front? Petitioner responded that will remain the same. Chris replied the grid iron will remain open and a visual space, employees and their will have the opportunity to use it three times a year. 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 Derek Dieter made a motion to adopt resolution 15-45. Councilmember Karen White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councihmember Karen White made a motion to adopt resolution 15-46. Councilmember Derek Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 -47 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS CRESCENT OAKS SECTION THREE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TAMPICO DEVELOPMENTS, LLC RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Crescent Oaks, Section Three AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Tampico Developments, LLC 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: Crescent Oaks, Section Three South Bend, Indiana, and which is more particularly described as follows: 32 REGULAR MEETING JUNE 22, 2015 A PARCEL OF LAND BEING APART OF PARENT PART OF LAND AS DESCRIBED INDEED RECORD INSTRUMENT NUMBER 9944308 AS RECORDED IN OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PENN TOWNSHIP, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE SOUTH 00 °16'29" EAST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER; A DISTANCE OF 1,988.74 FEET TO THE SOUTHWEST CORNER OF CRESCENT OAKS SECTION 1A, A REPLAT OF CRESCENT OAKS SECTION 1, AS RECORDED AS INSTRUMENT NUMBER 0839817 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 °51'58" EAST ALONG THE SOUTH LINE OF CRESCENT OAKS SECTION 1A, A DISTANCE OF 706.23 FEET TO THE SOUTHEAST CORNER OF CRESCENT OAKS SECTION 1A; THENCE NORTH 00 °31101" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1A, A DISTANCE OF 134.72 FEET; THENCE SOUTH 89 °28'59" WESTALONG THE EAST LINE OF CRESCENT OAKS SECTION 1A, A DISTANCE OF 10.93 FEET; THENCE NORTH 00 °31'01" WEST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1A, A DISTANCE OF 188.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 °31101" WESTALONG THE EAST LINE OF CRESCENT OAKS SECTION 1A, 178.50 FEET; THENCE NORTH 89 °28159" EAST ALONG THE EAST LINE OF CRESCENT OAKS SECTION 1A, 9.51 FEET; THENCE NORTH 00 °31101" WESTALONG THE EAST LINE OF CRESCENT OAKS SECTION 1A, 123.07 TO THE NORTHEAST CORNER OF CRESCENT OAKS SECTION 1A:, THENCE NORTH 89 °53'49" EAST, 168.00 FEET; THENCE NORTH 00 °16'57" WEST, 125.00 FEET; THENCE NORTH 89 °53'49" EAST, 232.00 FEET; THENCE SOUTH 85 °49'33" EAST, 202.76 FEET TO A POINT OF CURVE TO THE RIGHT, HAVING A RADIUS OF 2,235.00 FEET, BEING SUBTENDED BY CHORD OF 158.62 FEET, BEARING SOUTH 13 °44'17" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 158.65 FEET; THENCE SOUTH 82 °47'05" EAST,136.53 FEET; THENCE SOUTH 88 °33139" EAST 22.41 FEET; THENCE SOUTH 00 °08'02" EAST, 105.24 FEET; THENCE NORTH 89 °51158" EAST 19.71 FEETTHENCE SOUTH 00 °08'02" EAST, 159.73 FEET; THENCE SOUTH 89 °51'58" WEST, 71.02 FEET TO THE NORTHEAST CORNER OF CRESCENT OAKS SECTION TWO AS RECORDED AS INSTRUMENT NUMBER 1210614 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 83 °32'59" WESTALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO,73.42 FEET; THENCE SOUTH 89 °51'58" WEST ALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 76.58 FEET; THENCE NORTH 79 °46'57" WESTALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 60.00 FEET; THENCE NORTH 10 °13'03" EASTALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO 1.91 FEET; THENCE NORTH 89 °33'02" WESTALONG THE NORTH LINE OF CRESCENT OAKS SECTION TWO, 469.66 FEETTO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 6.23 ACRES, MORE OR LESS. Subject to any easement, covenants, restriction, and right way of record. be 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 remonstrances 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: 33 REGULAR MEETING JUNE 22, 2015 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 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 as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17, 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. Cl Report- Presenter: Brock Zeeb, Department of Community Investment, Offices on the 14th floor — Before you is a residential tax abatement for 26 new homes to be built. Homes will range between 1,400 and 1,800 sq. ft. The total taxes created from the project are $246,532, estimated taxes to be abated over the five (5) year period are $213,236 and total taxes to be paid during will be $33,296. The petitioner is here to answer any questions that you may have. Petitioner: Daryl Knip, 750 Lincoln Way East, South Bend— We are requesting your approval for this tax abatement for 26 middle class homes in Crescent Oaks. Councilmember Schey — I would like to thank CID this is nice, having these lots is very helpful. 34 REGULAR MEETING JUNE 22, 2015 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 Karen White made a motion to adopt resolution 15-47. Councilmember Derek Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 -48 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4701 NIMTZ PARKWAY, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER INDUSTRIES, INC. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4701 Nimtz Parkway, South Bend, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEM ENT FO R Schafer Industries, 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 WHEREAS, a Declaratory Resolution designated the area commonly known as 4701 Nimtz Parkway, South Bend, IN 46628 and which is more particularly described as follows: Business Personal Property and which has Key Numbers 71- 025 -500 -23829 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 personal 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. 35 REGULAR MEETING JUNE 22, 2015 SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted personal property tax deduction for a period of five (5) 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. Cl Report- Presenter: Chris Fielding, 14" Floor Dept. of Community Investment — They are proposing to invest $2 million 450 in private investment into new equipment. Over a five (5) year tax abatement they would still pay $113,330 in new taxes, and abated $96,848. This new equipment will create four (4) new jobs. Mr. Blenke is hereto answer any questions that you may have. Petitioner: Stan Blenke, , 4701 Nimtz Parkway, South Bend — Executive V.P. of Schafer Industries As a result of new business we picked up, a couple of our new contracts require us to purchase four (4) new pieces of equipment; the cost of $2,450,000.00. We will hire four (4) new permanent positions as a result of this and be able to maintain our current workforce. We appreciate your support on this. 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 Derek Dieter made a motion to adopt resolution 15-48. Councilmember Dr. David Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 -49 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 325 S. WALNUT ST SOUTH BEND, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MASTERBILT, INC. Cl Report- Presenter: Chris Fielding, 14' Floor Dept. of Community Investment — They are proposing to invest $600,000 in new equipment. This new equipment will create four (4) new jobs approximately at $16/hr. Total taxes to be paid $27,879 and total taxes abated $23,593. Rob from Masterbilt is here to answer any questions that you may have. Petitioner: Rob Michalak, Masterbilt, Inc. 325 S. Walnut St., South Bend— We are looking to invest in C &C equipment for a couple existing customers in aerospace, along with potential new customers. We are looking for your support. 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 Derek Dieter made a motion to adopt resolution 15-49. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 36 REGULAR MEETING JUNE 22, 2015 15 -50 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 106 -110 NORTH MAIN ST., SOUTH BEND, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR HISTORIC JMS BUILDING, LLC RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 106 -110 North Main St., South Bend, IN 46601 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN YEAR REAL PROPERTY TAX ABATEMENT FOR Historic JMS Building, 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 106 -110 North Main St., South Bend, IN 46601 and which is more particularly described as follows: Key Number 018 - 1008 -0330 — Lot 21 Ex 5' N End & Ex 26' E Side Original Plat 99 -010 Split to 033003 Trans 9773 10 -7 -98 Key Number 018 - 1008 - 033003 — 20.33' X 70' Nw Cor Lot 20 Original Plat 99 -00 Split Fr 0330 Per 9773 10 -7 -8 Key Number 018 - 1008 -0331 - LOT 20 8X40 FT S SIDE OF 40 FT X 18 FT NE COR & MID PT N END LOTS 19 &20 62 1/2 FT ON WASH ST X 1112-3 FT DEEP O P SO BEND 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 a real property tax deduction for a period of (10) ten years as shown by the 37 REGULAR MEETING JUNE 22, 2015 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. Member of the Common Council Cl Report Presenter: Chris Fielding, 14' Floor Dept. of Community Investment — This is a renovation for the JMS building on Main Street. They are proposing to invest approximately $7.6 million to creating 60 -68 new units on floors 2 -9 on the project. This building does qualify for a ten (10) year real property tax abatement. It would create eight (8) new jobs. Total taxes they would pay $2,121,000, and abatement of $629,000. In all fairness, with this being an historic building the amounts are approximate as what it would cost to repair. Jeff Smoke from Great Lakes is here to answer any questions that you may have. Petitioner: Jeff Smoke, 112 W. Jefferson, South Bend — Director of Development at Great Lakes Capital. We are repositioning the historic asset to 65 multi - family units, and capitalizing on the new two -way streets and new bike lanes. There will be a lot of interest in living downtown. Councilmember Henry Davis, Jr. — With a matter of policy, when did we start to do ten (10) year tax abatements? I have been under the impression the highest that we could go is eight (8); as that was the ceiling. I remember we did special exceptions to help support more than eight (8) years. I could be wrong but that is what I remember happening. In a matter of policy how did we go to ten (10) years and beyond? Chris Fielding responded the tax abatement ordinance was written in 1984, it was always ten (10) years. Councilmember Mr. Gavin Ferlic stated it has always been ten (10) years but it dropped to eight (8) years when we started the metrics. Councilmember Davis, Jr. responded, well then I'm not wrong, it is starting to come offensive when I ask a question and heads shake, when I know I'm right. Councilmember Oliver Davis asked, when, did it become ten (10) years. Chris Fielding responded the ordinance was always ten (10) years. There is a three (3) year base, then you can add seven (7) years to the base, based on scoring. When you see a ten (10) year abatement, which indicates it is a fairly large project, something over $6 -8 million dollars. Where you would receive more points to bump you up to that ten (10) year abatement. 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 Mr. Gavin Ferlic made a motion to adopt resolution 15 -50. Councilmember Derek Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 -51 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 122 CALLANDER ST., SOUTH BEND, IN 46614 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR JSK DEVELOPMENT, INC. /IRELAND HOSPITALITY, LLC RESOLUTION NO. le \:7 :Y6] 14&] 0 Kelm 1.1 x0] Jd i!de] 0 IK611] Ry I IES] 21: [a CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 03 REGULAR MEETING JUNE 22, 2015 122 Callander St., South Bend, IN 46614 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (6) SIX -YEAR REAL PROPERTY TAX ABATEMENT FOR JSK Development, Inc. /Ireland Hospitality, LLC WHEREAS, a petition for real 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 122 Callandar St., South Bend, IN 46614 and which is more particularly described as: Key Number 023 - 1035 -1759 — Lots 1 &2 & N1/2 Vac Callender St S & Adj N Pt SW E of Hwy 029/10 Vac Ord 9885 -08 Key Number 023 - 1035 -1760 —74.48 x 179.15' Beg 430'S Ireland Rd & E Line US 31 Ex W 10' to State & N1/2 Vac Callender St S & Adj 09/10 Vac Ord 9885 -08 Key Number 023 - 1035 -1761 —60 x 135' On Callander E of US 31 & N'' /: Vac Callender S & Adj 09/10 Vac Ord 9885 -08 Key Number 023 - 1035 -1767 —110 x 141.32' Beg 420.17' E of E Line US 31 & S1/2 Vac Callender St N & Adj 09/10 Vac Ord 9885 -08 Key Number 023 - 1035 -1768 — Irr Tr Beg 174.94' E & 673.04' S of Inter Us 31 & E & W C/L &S1/2 Vac Callender St N & Adj Key Number 023 - 1035 -1769 — Irr Tr 118.25' E Side US 31 Beg 673.04' S of Ireland C/L & S1/2 Vac Callender St N & Adj and which has Key Numbers listed above be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sue., and South Bend Municipal Code Sections 2 -76 et sue., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; 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 sue., and South Bend Municipal Code Sections 2 -76, et sue., 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: 39 REGULAR MEETING JUNE 22, 2015 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; 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, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and 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 six (6) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION Al. 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. Member of the Common Council 40 REGULAR MEETING JUNE 22, 2015 Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 15 -51 to the full Council favorably. Cl Report- Presenter: Chris Fielding, 14" Floor Dept. of Community Investment —This is for an 81 room Holiday Inn Express, by Ireland Hospitality, LLC; a subsidiary of JSK Development owned by Mr. Patel. This is again 81 rooms, a $6 million project. This would create fourteen (14) new jobs. This does qualify for a six (6) year tax abatement. Total taxes to be paid over the six (6) years would be $607,000 with total abatement of $446,000. Mr. Feeney will be representing Ireland Hospitality if you have any questions. Petitioner: Mr. Feeney, 715 S. Michigan St., South Bend —This is for a $6 million hotel Holiday Inn Express to be built at the Southeast comer of Ireland and Michigan St, opposite of Texas Roadhouse. The project will employ fourteen (14) full and part-time employees with an estimate payroll of $300,000. The amenities for the hotel include free parking, free breakfast, pool, fitness room, and conference room. If there are any questions I would be happy to answer. 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 Dr. David Varner made a motion to adopt resolution 15 -51. Councilmember Mr. Gavin Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 -35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT A TALL GRASS /WEED ABATEMENT PILOT PROGRAM FOCUSING ON PROVIDING YOUTH WITH WORKING OPPORTUNITIES AND LIFE SKILLS TRAINING AND DEVELOPMENT BE IMPLEMENTED FOR THE SUMMER OF 2015 Council Attorney Kathy Cekanski- Farrand requested a motion to continue bill 15 -35 to July 13th, 2015. So moved by Councilmember Oliver Davis. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. 15 -52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT EXTENDING THE ST JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORIZING THE EXECUTION THEREOF Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 15 -51 to the full Council favorably. Presenter: Pam Meyer, Offices on the 14" Floor Dept. of Community Investment — This resolution will authorize the Mayor to execute documents to renew the housing consortium. This is an inter -local agreement with the cities of South Bend, Mishawaka, and St. Joseph County. The current agreement is set to expire at the end of the year. We are doing this now due to the opposed HUD schedule, where we need to do it before July 1st of every year. Approval and subsequent renewal allows the three jurisdictions to participate in the receipt of allocation in home funds, which are intended to provide housing for low- moderate income individuals. 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 Dr. David Varner made a motion to adopt resolution 15 -52. Councilmember Mr. Gavin Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 41 REGULAR MEETING JUNE 22, 2015 15 -53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE ELIMINATION REORGANIZATION AND CONSOLIDATION OF PUBLIC SAFETY ANSWERING POINTS IN ST JOSEPH COUNTY INDIANA AND OTHER RELATED MATTERS Councilmember Derek Dieter, Chairperson, Health & Public Safety Committee met this afternoon and send bill 15 -53 to the full Council favorably. Presenter: Randy Rompola, 202 S. Michigan St., South Bend — The amendment allows the city to pre -pay a portion of the bond that the county issued to finance facilities that have a lot of CEDIT revenues. That will allow the city to address previous outstanding CEDIT bonds. The amended substitutes both for South Bend and Mishawaka, the CEDIT pledge if either City fails to pay their obligations under the agreement with Public Safety. The City Council of Mishawaka and the Common Council of St. Joseph County both unanimously adopted the amendment and it will be up for consideration by the County Commissioners tomorrow morning. Councilmember Oliver Davis — What is the advantage of pre - pay? The petitioner Randy responded the key advantage of pre -pay is the CEDIT currently that would go to the bonds allows the county to intercept that, collect that and pay it directly. By pre - paying the city will get its distributed share of CEDIT while the other bond is outstanding, so it can continue to pay back. 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 Derek Dieter made a motion to adopt this resolution. Councilmember Valerie Schey seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 33 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS AMBULANCE MEDICAL /SERVICE FEES This bill had first reading. Councilmember Valerie Schey made a motion to refer this bill to the Health & Public Safety Committee for July 13th, 2015. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Henry Davis, Jr. when is the next meeting for the next quarter? Council President Tim Scott responded he did not know and would get with him. Councilmember Henry Davis, Jr. stated we need to get one scheduled before we get too far out. Second question, I asked about the abatement form earlier for a reason. When the tax abatement form was switched over without our approval is when we started to see more of the ten (10) year tax abatements. That form needs to come back to us as we need to determine if that is how we want to do business. We need to know what we are giving up or if we are supposed to be receiving anything back. NEW BUSINESS Council President Tim Scott announced we would like to officially recognize Adriana Rodriguez as our newly pointed Legal Research Assistant to the City Council. Welcome Adriana. PRIVILEGE OF THE FLOOR 42 REGULAR MEETING JUNE 22, 2015 Jesse Davis — P.O. Box 10205, South Bend— I want to confirm the date for the sewer insurance ordinance changes is that July 22 °d or 27th. Councilmembers responded that is on July 27th. In a committee meeting earlier today there was an issue about double - billing. I have included documentation that shows the double - billing. Rod Goodchild— 837 S. 24" St, South Bend —Just want to remind everyone, Resolution 4392 -14 is the third weekend at dedicated Spirit Animal Nation weekend at Potawatomi Park. We just got the announcement this week there is one tree hanging and very dangerous. As Valerie Schey pointed out I, as a homeowner would have thirty (30) days to take down a tree before getting fined. So the city needs to do the same; as of right now June 26" marks the thirtieth (30) day, per law you will have a $1,000 fine after that. We want and appreciate your cooperation. Jason Banicki- Critchlow — 3822 W. Ford St., South Bend — I am here to talk about the City Clerk's office, back in January we were told that the meeting minutes would be posted online within a month. Here it is June and none of the meeting minutes from 2014 have been posted online. I went to I.U., I'm a historian, last year we had a lot of events occur, particularly surrounding the police tape issues. Things were stated during the privilege of the floor. Without this information online, I had to go down there and spend 50 minutes out of my own time, spend $6 of my own money just to get copies of three meeting minutes. In order to be a true 21st century city we need to be providing 21' century services. It is not a lotto ask for to get those minutes online. This is what tax payers are paying for, this is a service that should be provided. We were told the problem was recording equipment last year but on March 23'd, 2014 there is only one page posted and the rest is cut off. I've been here a few times, and every time I go back to look at the meeting minutes they are very abrupt, cut -off, or just a synopsis. Leave the summarization to the historians, put down accurately what was stated when we were there. Lastly is posting these video's on YouTube, I know it saves our server space but then we are handing over ownership to YouTube. A year from now or 5 years from now the site can be hacked or go out of business then all of those videos can be lost for eternity. I know it is a cost saving measure, but as long as we have the server space this is something we should look to bringing back to maintain ownership. Samuel Brown — 222 E. Navarre St., South Bend — I represent the group Citizens United for a Better Government. The problem that I'm having is that they took a house down and left a tree hanging over the garage which is a dangerous situation. The parks department sent me to code enforcement and they couldn't help, but they did give me a copy of a 1933 law that stated it was the homeowner's problem. We have been working on this issue since November 17th, 2008. No -one owns the property, the deed is in limbo and we still have a dangerous situation. I talked to the Code board directly and will read this thoroughly. I will be back on this one. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 11:11 p.m. ATTEST: ATTEST: John Voorde, City Clerk Tim Scott, President 43