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HomeMy WebLinkAbout07-27-15 Common Council Meeting MinutesREGULAR MEETING JULY 27, 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, July 27, 2015 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Absent: Tim Scott Henry Davis, Jr. Valerie Schey Dr. Fred Ferlic Dr. David Varner Oliver J. Davis Gavin Ferlic Karen L. White OTHERS PRESENT: 1 st District, (President) 2 °d District (arrived 7:08 pm) 3`d District 4' District 5' District 6' District At -Large At- Large, Chairpersoijkmn Kathleen Cekanski- Farrand Adriana Rodriguez John Voorde Janice I. Talboom Kareemah Fowler REPORT FROM THE SUB -1 Councilmember Oliver Davis the Council be accepted and I which carried to solid waslq been continr August 24th. Councilmember Karen Utilities Committee on 15 -68 of the Whole July 13th, 2015, meeting of Schey seconded the motion I re for sewer insurance, yard waste removal, or hos is have been continued. Sewer insurance has rate increase and yard waste have been continued to fficed for the public there will be a separate meeting with the at 3:30pm. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY CONGRATULATING WNDU AS IT CELEBRATES ITS 60TH ANNIVERSARY AND HONORING THE COMMUNICATIONS LEGACY OF REV. THEODORE M. HESBURGH, C.S.C. 6A" the South Bend Common Council notes that on February 19, 1955, Rev. Theodore M. Hesburgh, C.S.C., President and Rev. Edmund P. Joyce, C.S.C., Executive Vice - President of the University of Notre Dame, conducted the groundbreaking ceremony which kicked off the construction by Thomas L. Hickey Construction Company, Inc. of a $750,000 building designed to house the WNDU television station studios. This one -story brick building, being of similar architecture to the men's dormitories located on the North Quad of the Notre Dame campus, was soon completed, and on July 15, 1955, the WNDU TV station first signed on the air; and 6A" the Council further recognizes that the television studio was formally dedicated on September 30 and October 1, 1955, when NBC executives Robert Sarnoff and Frank Folsom, as well as Coca Cola executives were guests of honor at the University. A live television broadcast 1 REGULAR MEETING JULY 27, 2015 took place from the ND Fieldhouse of Coke Time with Eddie Fisher. The weekend events included the telecasting of the academic convocation where Father Hesburgh gave an honorary Doctor of Science degree to Brigadier General David Sarnoof„ the principal speaker of the formal studio opening; followed by Eddie Fisher singing and music by the Notre Dame band; and 6A" the Common Council notes that among the many others in attendance at the formal dedication of the WNDU television studios that weekend in 1955, included Indiana Governor George N. Craig, South Bend Mayor John Scott, Bernard Barth, Managing Director & Tom Hamilton Sales Manager, along with the Moreau Seminar Choir, and the Notre Dame Glee Club. Festivities also included attending the Notre Dame - Indiana football game where Coach Terry Brennan, Paul Hornung, and the Fighting Irish beat the Hoosiers 19 -0; and 6A" in November of 2005, the University agreed to sell the station to Atlanta -based Gray Television, Inc. for $85 million, with the sale being based on "finding a buyer that is committed to the local community & to quality news and entertainment programming" according to John Affleck - Graves, University Vice - President. Section I. On behalf of all of the residents of the Ci is honored to recognize the rich history of WNDU- enduring legacy of Rev. Theodore M. Hesburgh, C creative people" to dedicate themselves to being part 1955, and continues to provide quality broadcastin Section II. The Common Council si persons who have worked at WNDU success for many decades to come.A Henry Davis, Jr., Valerie Schey, 3' District Dr. Fred Ferlic, 4' District Dr. David Varner, 5' District Office of the City Clerk reality =1 the Common Council Anniversary, and the ed " ginative & e scene" in of the many dedicated ;hes WNDU continued and after its adoption by the Oliver J. Davis, 6' District Derek D. Dieter, At Large Gavin Ferlic, At Large Karen L. White, At Large Kathleen Cekanski- Fanand, Council Attorney %fi' °°edduQ day's �4 x'015. Pete Buttigieg, Mayor of South Bend REGULAR MEETING JULY 27, 2015 Councilmember Oliver Davis presented Resolution 15 -68 to the full Council. Councilmember Oliver Davis stated we are in a season this year of celebrating our 150' year, so it is unique that they celebrate their 60' year. (Councilmember Henry Davis, Jr arrived at 7:08pm) John O'Brien made remarks: thank you for having us this evening. We appreciate this recognition. It is a true pleasure to serve this community and are hoping to do so for another 60 years. Maureen McFadden made remarks: thank you very much. I feel a little like I'm in 7" grade again, since Mr. Voorde, my teacher is here. Thank you for recognizing WNDU. As you may know Terry and I were born and raised here. We always felt welcome from everybody in the city of South Bend. We are so thrilled to still be here. We hope to keep it going, but don't know if we'll still be here in 60 years, but thank you so much for recognizing us. Councilmember Karen White — I would broadcasting and your commitment to thought the two of you were twins. county and to share that we have f Councilmember Gavin Ferlic program. I always enjoyed watching your Counci er Dr. Davi — Se e e first thing I remember with television is seeing Mo an and it will prob e the 1 g I see is Mo and Terry. Congratulations on your success a e long -term. I e I kn thou a lot better than I do. Good luck. Councilmembe Nair lic — 1 the apple doesn't fall far from the tree. For many of you who don't knos, Vi Fadden was a Korean War veteran and lost his arm during the Korean con was probably the most delightful woman that I've known. So I would liku two for both your parents, first of all. Secondly for the way you serve the c h Bend is a better place because of you two. You have given us straight - forward news reporting and it's very much appreciated. Thanks to the both of you. Councilmember Valerie Schey —Thank you so much for what you do. I enjoy watching your show. As a personal note I do admire your ability to work so closely with your sibling. I have two sisters, I don't think I can do what you do. Thank you. Councilmember Henry Davis, Jr — I want to say thank you as well. I feel the same way you felt Maureen, when you were talking about John. One of the situations where you see people before you while you're growing up and they're still there. At the end of the day congratulations and thank you so much for your commitment to the community. Council President Tim Scott — I'm a transplant, the first week I got here I met your dad. I still have great memories of your dad. I'm a Missouri Mafia member. I know plenty of my alum come through WNDU and you guys do a great job. I know what it's like to be in public service, it goes beyond just the news reporting. It is what you do for the community. We appreciate the station, you guys, and all the other talent that is here and everything that you do to inform the public. So thank you. 3 REGULAR MEETING JULY 27, 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 in favor of or opposition to this bill, Councilmember Gavin Ferlic made a motion to adopt by acclimation Resolution 15 -68. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. 15 -69 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA PUBLICLY RECOMMITTING TO FULL IMPLEMENTATION OF THE AMERICANS WITH DISABILITIES ACT ADA UPON THIS TWENTY FIFTH ANNIVERSARY OF ITS ENACTMENT WHEREAS, on July 26, 1990 President George H. W. Bush signed into law the Americans With Disabilities Act (ADA) to ensure the civil rights of persons with disabilities; and WHEREAS, the ADA established a cle elimination of discrimination against individuals WHEREAS, enactment of the ADA at thi into South Bend's Human Rights ordinance has disabilities by reducing barriers, changing perce community life, all of which enhance the strength a WHEREAS, the full promise of continue all efforts to fully implement the, WHEREAS, the City of S end m has been made by reaffirming the iples of efforts to reach full ADA com 1V0oil OF mandate for the Is and its incorporation to for A ericans with asing ipation in South B munity, and commitment to cen and recognize the progress that ' and n and recommitting the City's COUNCIL OF THE CITY Xander n behal 1 its re s, the City of South Bend Indiana, reaffirms its commit working rd full A compliance in all of its programs, services, and activitiecommits t mote the fiull promise of the ADA among private employers and plaommodati ithin the City of South Bend. SECTION II. on shall be in fiull force and effect from and after its adoption :ouncil and appro e Mayor. tt, Is' District Oliver J. Davis, 6' District iavis, Jr., 2' District Derek D. Dieter, At Large Schey, 3' District Gavin Ferlic, At Large I Ferlic, 4' District Karen L. White, At Large id Varner, 5' District Kathleen Cekanski- Farrand, Council Attorney 4 REGULAR MEETING JULY 27, 2015 Attest: John Voorde, City Clerk Approved this day of 12015 Pete Buttigieg, Mayor of South Bend resolution before you. Muhammad Shabazz, Secretary: Human Rights Com ' South Bend Human Rights Commission investigates also educates the public on how to detect and prevent of South Bend citizens and minorities includidifthd 319 N. sabled. we unanimously endorsed resolution 15 -6 ou. Ha member, many claims of discrimination b sabled p t is yet that it is less frequent than what it s. Com cud celebrating 25 years of progress, so as a r der t constant vigilance both on enthusiasm the passage of to i So Bend —The nati rkplace. It Our ssion consists meeting on July 15th, 2015 as a commission ted. I also know td this resolution ob is ongoing and requires a critics. We fully support with Councilmember erlic — TW you for your service Councilmember Oliver a Social Worker, I truly appreciate the work that you do especially with the ADA is I learned more about that (5) five -years ago when I tore my ACL. All of a sudden you really respect where they have handicap signs. You don't think about that when you have all your ligaments in place. But when you don't have them working, it is a different ball game. When you look for signs, you see what people have to go through. Makes you think twice about people parking in the wrong spots. I thank you for your work, as you help a lot of people whether they are temporarily or permanently in a situation needing the ADA work. Thank you and keep up the great work Councilmember Dr. David Varner — Congratulations on the 25 years of progressive service and best wishes in the future. Councilmember Dr. Fred Ferlic — You're obviously doing a great job we had eight (8) well - qualified candidates for one spot for this year. So congratulations. Councilmember Valerie Schey — Thank you so much for bringing this resolution before us. Clearly there are so many members in our community that have to overcome so much just to go about their daily lives. I'm glad that you brought this before us tonight so we as a city Council REGULAR MEETING JULY 27, 2015 can support the efforts; so when we talk about inclusion it is truly every member of our community. Councilmember Henry Davis Jr. — I have the same opinion of my council colleagues. I want to say in the past we discussed the necessity of having a Human Rights Commission. Since we're beginning to talk about the budget, we mentioned having a county -wide office so we can support the other areas in the city with their issues, making sure all the other people are included as well. I think it would be vital and I know all of you could do the job. Again, thank you for your service to the community Council President Tim Scott — Again, I repeat what everyone else said. It is amazing what you guys are doing. The ADA is so critical and I'm glad we're recognizing this. It's very important to our nation and a forward - thinking city. We've talked about that so many times and you guys have gone above and beyond the duty. I'm glad that we have the ADA in our fore -front right now. 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: Samuel Brown, 222 E. Navarre St, South Bend— I Better Government. We cannot say enough about the n Rights they do. They do a lot of work behind the scenes that 't get the council is recognizing them for their outstanding work. y( Glenda Wright- Hernandez, 702 E. Sot this with a friend of mine, who's gone changes to be made. I am grateful t passage we nopaq already here, that Penny Hughes, s are United for a on Athe work ad, tonight aware for the need of DA and for the imR. There are still and hopefully will continue 19 N. Niles, South Bend —I %do is great writing. Thank you Aladean and our ike to remind our community that we have a led. Every day we get someone home from of come back whol e. It is up to us as an ake sure they are made to feel at home. So with this to those people coming home and to those that are i're a part of us. �-,v Drive, South Bend — I've been on the commission for ten there, I've learned a lot about equality. I appreciate living in a We stand for equality for all people. I appreciate community that really means what they say. your consideration on this resolution. There being no one present wishing to speak to the Council in opposition to this bill, Councilmember Gavin Ferlic made a motion to adopt by acclimation Resolution 15 -69. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF — BRIAN PAWLOWSKI REPORTS OF CITY OFFICES There were no city reports from City Office RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:31 p.m. Council President Tim Scott requested a motion to resolve into the Committee of the Whole. So moved by Councilmember Oliver Davis. Councilmember Gavin Ferlic seconded 0 REGULAR MEETING JULY 27, 2015 the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2 -11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. 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 Mr. Gavin Ferlic made a Councilmember Dr. David Varner seconded the ayes 25 -15 26 -15 2015. eight Councilmember O by a voice vote of ei ATTEST: PUBLIC HEARING ON ; CITY OF SOUTH BEND 16 ARTICLES 2 AND 4 PROVIDE YARD WASTE CONTAINERS PUBLIC H CITY OF SECTIONS TO ADJU,' requested John Voorde, City Clerk ill 24 -15 indefinitely. a voice vote of eight (8) COUNCIL OF THE CHAPTER CODE TO -ONS FURNISHED ON COUNCIL OF THE ING CHAPTER 16, I BEND MUNICIPAL CODE ION AND DISPOSAL OF NNW1 & bill 26 -15 to August 24th the motion which carried by a voice vote of to rise and report to full Council. So moved by fiber Gavin Ferlic seconded the motion which carried 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 7:32 p.m. Council President Tim Scott, presided with eight (8) members present. BILLS - THIRD READING There were no Third Readings to come before the Council 7 REGULAR MEETING JULY 27,201 RESOLUTIONS 15 -65 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3016 PORTAGE AVE. SOUTH BEND, IN 46601 WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of zoning Appeals for approval or disapproval; and WHEREAS, THE Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the South Bend Board of Zoning A eats h s made a recommendation, pursuant to applicable stateJft In order to permit to construct and classified SF1 and Variances: 1. From the required hard 2. Fr. Required landsc agriculUundin E PAI 3 E lity on a property ocated in a wooded area with the Petitioner, and after proper public hearing, etition of the South Bend Board of Zoning of the City Clerk. City of South Bend, Indiana, hereby finds to the public health, safety, comfort, of general welfare: are or adversely affect the use of the adjacent The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein: The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan: SECTION IV. Approval is subject to the Petitioner complying the reasonable conditions established by the Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. E REGULAR MEETING Iffir 1ilTTi.SiiTW . u u . I *T.1Rii.711 JULY 27, 2015 Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee met this afternoon and send bill 15 -65 to the full Council favorably. Presenter: Chuck Bulot, Building Commissioner, 125 S. Lafayette Blvd, South Bend — At the July 1st meeting this special exception was read to allow a telecommunications tower in a SF district, variance from required parts, surface access to gravel, and for the required landscaping to no landscaping comes to you with a favorable recommendation This being the time heretofore set for the opponents were given an opportunity to l on thdlqWe bill, proponents and WHEREAS, THE Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals persona to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 4085 E REGULAR MEETING JULY 27,201 Meghan Beeler Court in order to permit a recreational use for a batting & pitching facility in a "LI° District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, copy of which in on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that the proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience of general welfare: SECTION IV. Approval is subject to tl conditions established by the Board of Office of the City Clerk. SECTION V. The Resolution shall be in adoption by the Common CouncilAIM Counc' ber Oliver Daviil and sen 5 -66 to the full ng the reasonable are on file in the effect fro &4ayor. Council after its & Annexation Committee met this afternoon Presenter: Ch lot, Building missioner, 125 S. Lafayette Blvd, South Bend — At the July I" meeting a ea Board one Appeals, where a petition was heard for a special exception use to all eatio e for a batting and pitching facility in a LI district with variance from the requ ng spaces to 16 spaces. Property located at 4085 Meghan Beeler Court. This come this evening with a favorable recommendation. Petitioner: Mike Branch, 2099 E. Clear Lake Rd., Buchanan, MI — We are seeking a special exception to allow for a state of the art indoor baseball facility at 4085 Meghan Beeler Court. The facility will feature automated pitching machines for baseball and softball, video analysis, and northern Indiana's first baseball simulator. The plan calls for six (6) cages to be used for hitting, pitching, and touching the screen. 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 Gavin Ferlic made a motion to adopt resolution 15 -66. Councilmember Karen White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. 10 REGULAR MEETING JULY 27,201 15 -67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 430 PARKOVASH AVE WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of zoning Appeals for approval or disapproval; and WHEREAS, THE Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY OF SOUTH BEND, INDIANA as follows: L OF THE CITY SECTION I. The Common Council has provi fthe ng on the Petition from the Board of Zoning Appeals persona to In ode Sect 14 -1. -5, requesting that a Special Exception be granted operty loc Parkovash Ave in order to permit a child care cen er i F2" Distric . SECTION II. Following a presentation ner, an r proper public hearing, the Common Council hereby approve petiti he Sou d Board of Zoning Appeals, copy of which in on file in th ffice o Clerk. SECTION III. The Common cil of the C of Sou d, Indiana, hereby finds that the proposed use will furious to ubli alth, safety, comfort, community ards, fence of g fare: e prosper with a injurious to the public health, safety, comfort, ommunity or dard, enience or general welfare; proposed use of inju adversely affect the use of the adjacent r property val herein; 3. Th osed use a consistent with the character of the district in which it is to and the uses authorized therein; 4. The pro use mpatible with the recommendations of the City of South Ben ensive plan; SECTION IV. Approval is subject to the Petitioner complying the reasonable conditions established by the Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council 11 REGULAR MEETING JULY 27, 2015 Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee met this afternoon and send bill 15 -67 to the full Council favorably with written commitments. Presenter: Chuck Bulot, Building Commissioner, 125 S. Lafayette Blvd, South Bend — At the July 1st meeting at the Area Board of Zoning Appeals, this special exception was heard to allow a child care center in a SF2 district and a variance from the required five (5) parking spaces to two (2). The property located at 430 Parkovash Ave, Portage Township zoned SF2. This special exception is sent to you with a favorable recommendation with written commitments of no more than twelve (12) children with none being older than five (5) years of age. The petition of variance was granted subject to the special exception being approved. This being the time heretofore set for the Public f opponents were given an opportunity to be heard. There being no one present wishing to speak to the this bill, Councilmember Gavin Ferlic made a motion to written Oliver Davis seconded the motion which of eight (8) ayes. ( Councilmember Oliver Davis Declaratory for the purpose of tax WHEREAS, a in proponents and uvo position to ution 1 subject to the 1st. 2015. Councilmember by a roll call vote PTION OF A DECLARATORY AREAS WITHIN THE CITY INDIANA, COMMONLY KNOWN AS 824 N. ST. END, INDIANA 46617 AS A RESIDENTIALLY ,F A 5 FIVE —YEAR FOR JEFFREY I of the City of South Bend, Indiana, has adopted a areas within the City as Residentially Distressed Areas Resolution designated the area commonly known as: South Bend, IN 46617 824 N. St. Peter St., and which is more particularly described as follows: THAT PART OF THE SOUTHEAST QUARTER, SECTION 1, TOWNSHIP 37 NORTH, RANGE 1 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS LOT "T' AS SHOWN ON THE PLAT OF "SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL, FIRST MINO SUBDIVISION" RECORDED MARCH 20TH, 2014 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDED AS INSTRUMENT NO. 1406256 SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS 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; 12 REGULAR MEETING JULY 27, 2015 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: February 10, 2003 owed 69 my one (1) families, r mg accessory are: 1 -24 and IC 6- 1.1 -25: or :01anirMicant numbe elling units a area are not permanently occupied g tuber cels in the area are vacant land; or r of a units within the area are: 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. 13 REGULAR MEETING JULY 27, 2015 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 two (2) 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 a 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. Presenter: Brock Zeeb, Department of Community you is a residential real property tax abateme year period are $15,441. The estimated to $2,142. The total taxes to be paid over th e (5) discuss his residential home being bit, i u ha (Councilmember Dr. Fred Ferl' e d the Petitioner: J building a been cl three would lik This being t opponents v (Councilmei the C40kon Council ,tm ices the oor— Before Theated over the five (5) ^d oLd ) year period are 9. Jeffery is here to answer them. Stre Bend— My wife and I will be in an area that was pretty run down; the lots have t of the Notre Dame housing program. We have Went house and we need to build a larger one. I 'ublic Hearing on the above bill, proponents and 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 -70. Councilmember Gavin Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 15 -71 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE SOUTHEAST CORNER OF ADAMS RD AND DYLAN DR, SOUTH BEND, IN 46628 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR GLC PORTAGE PRAIRIE, 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 14 REGULAR MEETING JULY 27, 2015 WHEREAS, a Declaratory Resolution designated the area commonly known as Southeast corner of Adams Rd and Dylan Dr, South Bend, IN 46628 and which is more particularly described as follows: Nw 1/4 Sec 17 -38 -2E Ex Irr Tract Nw Cor & Ex 1.717 Ac to State & Ex 7 Ac +- for N/S Rd & Ex 10.5 Ac +- Parcel 800' N of S Line & E of N/S Rd 06/07 Split to 014601 & 014602 16442CWD 1 -19 -06 Annxd 06 -07 per Ord #9587 -05 Split off 10.073 ac 07 -08 for Ptg Prairie Minor pt of Lot 1& 09/10 7.413ac to Ptg Prairie Minor #2 & 10/11 8.15 ac to Ptg Prairie Minor #3 and which has Key Number 025- 1009 -0146 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 Ak WHEREAS, the Council revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED Bend, Indiana, as follows: SECTION I. The Common Council area described herein as an Economic designation is for Real Property tax a the date of adoption of the Declaratoqj SECTION II. The Common and is granted a real proper attachment oundfiffifibibludia of I and Common economic of South Resolution designating the es of tax abatement. Such (2) calendar years from iereby det ines th property owner is qualified for auction fo i (8) eight years as shown by the x-1.1- 12.1 -1 er determines that the petition, the etik6tion er and the City of South Bend, and the Statement the Municipal Code of the City of South Bend in full force and effect from and after its adoption by the Mayor. Member of the Common Council Presenter: Brock Zeeb, Department of Community Investment, Offices on the 14" floor — Before you is a closed construction of a 200,000 sq. ft. spec building. You will recall approving that with a favorable recommendation to the Redevelopment Commission in the last meeting. This is the continued tax abatement and confirming resolution for that same project. They propose to build a $7 million new building with total taxes to be created over the eight (8) year period of $1,882,000. Estimated taxes to be abated over the eight (8) year period will be $724,000. Total taxes to be paid over the eight (8) year period is $1,157,000. Brock Zeeb referred to a diagram, this is the breakdown of how that project will be paid back to the city. If it took the first two (2) payments or the first (2) years where the building set vacant it would be a seven (7) year return on investment. The petitioner is here to speak on the project if you have any questions. Petitioner: Richard Deal, Barnes & Thornburg 100 N. Michigan St., South Bend— I am pleased to be joined with Jeff Smoke, the Director of Development of Great Lake Capital. Just to give you a brief overview of this project, as the Council will recall this is a confirming resolution for a 15 REGULAR MEETING JULY 27, 2015 request for an eight (8) year tax abatement. This relates to an investment in a brand new spec bulk distribution facility, to be built on 25 acres that sits on the Southeast corner of Dylan Drive and Adams Road. This is an effort to have a spec building, which is a move in ready facility to help entice and enhance the ability to attract businesses to the area. The investment will exceed $7 million and will result in employment and hopefully depending on the tenancy, greater numbers than expected. We are initially projecting in the first couple years at least 20 new full time jobs with a payroll of at least $750,000. We appreciate your consideration and will answer any questions that you may have. This being the time heretofore set for the opponents were given an opportunito 1 There being no one present this bill, Councilmember G Karen A of seven OF SOUT DRIVE S 9EVITAL LP proponents and in favor of or in opposition to resolution 15 -71. Councilmember ion was adopted by a roll call vote C ING THE ADOPTION OF A DECLARATORY ESIG NG CERTAIN AREAS WITHIN THE CITY D, INDIANA, COMMONLY KNOWN AS 5231 DYLAN BEND IN 46628 AS AN ECONOMIC ON AREA FOR PURPOSES OF A SEVEN (7) YEAR Y TAX ABATEMENT FOR AMERIPLEX SUPERIOR WHEREAS, the Co on 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 5231 Dylan Drive, South Bend, IN 46628 and which is more particularly described as follows: Lot 3 Portage Prairie Minor #5 and which has Key Number 025- 1009 - 014605 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 16 REGULAR MEETING JULY 27, 2015 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 (7) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full Common Council and approved by the Mayor. Councilmember Gavin Ferlic, C afternoon and send bill 15 -72 to after its adoption by the Council met this Petitioner: Lynette 27S n St., South Bend —The project is an expansion of an existing building for t contacted us earlier this year about a new acquisition of a company outside of this s ey wish to bring the distribution of that particular company that they acquired into their existing building. The existing building was not large enough so the expansion was warranted. 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 Gavin Ferlic made a motion to adopt resolution 15 -72. Councilmember Valerie Schey seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. 15 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 810 N ST PETER ST., SOUTH BEND, IN 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE -YEAR 17 REGULAR MEETING JULY 27, 2015 RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THOMAS AND LISA LOUGHRAN WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and 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 810 N. St. Peter St., South Bend, Indiana 46617 and which is more particularly described as follows: THAT PART OF THE SOUTHEAST QUARTER, SECTION 1, TOWNSHIP 37 NORTH, RANGE 1 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING A RE- SUBDIVISION OF PART OF LOTS 20, 21, 22 AND 23 OF SORIN' S FIRST ADDITION TO THE TOWN OF LOWELL RECORDED MARCH 20TH, 2014 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDED AS INSTRUMENT NO. 1406256 SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD ldk be designated as a Residentially Dis I et seq., and South Bend Municipal WHEREAS, the Department of Community 1 prepared a report with information sufficient for the qualifies as a Residentially Distressed Area under. Bend Municipal Code Sections 2 -76, et seq., AMOft WHEREAS, the Community said report and recommended to tA A B C. D. E. F. 6- 1.1 -12. of Indiana Code 6- gation and at the area and South maps and plats showing the Is required by law; and n on Council has reviewed qualifies as a Residentially Council of the City of South ines and finds that the petition for real property meet the requirements of Indiana Code 6 -1.1- area meets one of the which was passed on 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 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 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 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 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 The area has experienced a net loss in the number of dwelling units, as documented Im REGULAR MEETING JULY 27, 2015 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 under Indiana Code 6 -1.1- 12.1 -3 SECTION V. The Common Council y acce report ecommendation of the Community Investment Committee t th rea he ed be designated as a Residentially Distressed Area and hereby adopts olution d ating ea as a Residentially Distressed Area for purposes of real prop abatement. SECTION V ation esidentially ed Area shall be limited to two (2) calendar y the a n of this Resolution by the Common Council. SECT 11. The Commo cil he etermines that the property owner is qualified for and is gr a real property educti r a period of five (5) years as shown by the attachment n t to Indiana C -1.1- 12.1 -17. SECTION VIII. mmon it directs the City Clerk to cause notice of the adoption of this Declaratory Res for roperty Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indian 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Commo ncil on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. 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 19 REGULAR MEETING JULY 27, 2015 Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 15 -73 to the full Council favorably. Presenter: Brock Zeeb, Department of Community Investment, Offices on the 14" floor — Before you is a residential tax abatement. The estimated construction cost to the house will be $325,000. The estimated taxes to be created the five (5) year period are $16,770. The estimated taxes to be abated over the five (5) year period will be $1,893. Total taxes to be paid over the five (5) year period will be $14,877. Again this is on St. Peter's Street near the other tax abatement. The petitioner is here to answer any questions about the new construction that you may have. Petitioner: Tom Loughran, 52314 Tammy Drive, Granger — My wife and I currently reside in Granger and are doing our damdest to move to South Bend, Indiana. We purchased a lot at 810 N. St. Peters as part of the Notre Dame housing program with the intent to build a house on that vacant lot. 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 this bill, Councilmember Gavin Ferlic made a n Dr. David Varner seconded the motion which ca vote of seven (7) ayes. r_ �: � I f .Y 8 11 l � y r m. r G 1 a A S wxo WISIM CALL THE BOARD IN DOC T 2431 ADL 0 Indiana High School Alq charged with encouraging OF THE COMMON 431 ADIMSSING vor of or in opposition to ,n 15 -73. Councilmember adopted by a roll call of the City of South Bend, Indiana recognizes that the Lion, Inc, (IHSAA) was first organized in 1903, and is "wholesome amateur athletics" by: • Regulating, supervising and administering interschool athletic activities; and • Cooperating with all agencies vitally concerned with the health and educational welfare of secondary school students; and • Determining qualifications of individual contestants, coaches and officials; and • Providing written communications to facilitate athletic relations among member schools; and • Establishing standards for eligibility, competition and sportsmanship while providing protection against exploitation of schools and students; and the Common Council further recognizes that any high school in Indiana, as well as any junior high school offering 9" grade, whether such school is public, private, institutional or parochial, if accredited by the Indiana Department of Education, may become a member of the IHSAA; and 20 REGULAR MEETING JULY 27, 2015 the IHSAA is governed by a 19- member Board of Directors who are elected by member school principals from three (3) IHSAA legislative districts; who also comprise the IHSAA Executive Committee who meet on a monthly basis to organize & direct state tournaments and meets; to interpret By -Laws; and to determine penalties for rule violations; and the 2015 -2016 IHSAA By -Laws & Articles of Incorporation is a very detailed document which notes that "one of the purposes of the IHSAA is to assure that every student - athlete has a fair opportunity to compete "; and at the City of South Bend 2016 Budget Kickoff held at the Century Center on May 28, 2015, Council Member Karen L. White, Personnel and Finance Committee Chairperson, talked about "What makes a great city ". She highlighted many key factors such as that "cities are about people and the quality of life for its citizens "; that "a truly great city needs to be an appealing place to live. It needs to attract and retain a large pool of local, national and international talent "; and that "strong neighborhoods make strong cities" with educational opportunities and standards being a component part; and Resolution Addressing Interscholastic Athletics Policy Page 2 the South Bend Community currently considering whether to lower the academic and high school student athletes which were scheduled to be voted upon by the Board the SBCSC's athletes in grades 6 through 12, permit the following students td I lm grade 12s' grade grade point average ade point average de point average Trustees is school five (5) years ago, and is �t: and iint average for all student- by the school board would with students o not meet the ct's requirement but who would qualify under the IHSAA guidelines being particil: Such students are tutored and show improvement; and the Co it believes that everyone has a stake and a role in continuing to build the City of South Indiana, into a great city, which requires setting the bar high and focusing on helping students, and especially student - athletes meet and exceed high expectations; and the Common Council further believes that the proposed policy fails to meet the grade in promoting the youth of our community to be the best that they can be, whether it be in the classroom or in the athletic arenas or athletic fields. Section I. The South Bend Common Council believes that much more dialogue, collaboration, and outreach needs to take place before the South Bend Community School Corporation Board of Trustees takes action to proceed ahead on August 3, 2015 — which is just a few days before the 21 REGULAR MEETING JULY 27, 2015 first day of school [August 18"'1, on any proposed changes to the current interscholastic athletic policy. Section II. The Common Council further believes that a policy of this nature deserves enhanced public input and the greatest degree of transparency possible. Section III. The Common Council calls upon the South Bend Community School Corporation to have a series of community outreach meetings, at locations throughout the City, so that as many members of the public as possible have the opportunity to have their voice heard. Resolution Addressing Interscholastic Athletics Policy Page 3 Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. VIIlce oI me l;lty k-ICM at Large e- President Member 5 rete tsuutgteg, rviayor or ;!�oum trend Councilmember Karen White, Chairperson, Community Relation Committee met this afternoon and send bill 15 -74 to the full Council favorably. (Councilmember Oliver Davis returned to the meeting) Presenters: Councilmember Davis, Jr & Councilmember Schey: Henry Davis Jr, 5117 Idlewood Drive, South Bend— Councilmember Henry Davis Jr. presented Resolution 15 -74 to the full Council. Councilmember Valerie Schey, 1314 E. Wayne St. North, South Bend— I shared with the committee earlier, however for public record Councilmember Henry Davis Jr. brought this issue to our attention. I agreed that it is an important issue, so I joined as a sponsor. I know when we moved here ten (10) years ago, one of the things we looked at when moving to a new 22 REGULAR MEETING JULY 27, 2015 This Those given an speak in ✓e bill, proponents and William Sniadec ool Board her, 215 S. St. Joseph, South Bend — The only reason I am here tonight is to en e the rt of this resolution. Five (5) years ago, 2.0 was presented, it went through a full co er a year of study. It went through the committee and working sessions to come up with st possibility for all of our kids. A lot of things the committee is proposing is already our policy but is not enforced by our administration. The first year we did the study tables it went great. It was when study tables were eliminated which I was unaware, is when things started to go downhill. Make it a resolution for 24 -31 and like another policy 24 -30 was for all extra - curricular activities to make grades as we couldn't discriminate against just football players. Similar to having a drivers' license, it is a privilege but not a right. You need to pass a test to drive, this is the same way it should be for playing sports. I was trying to come up with a compromise, I think I did today. I would like to encourage everyone today, this is a community problem. My Facebook out of 197 likes were against lowering our standards. A lot of news stations were all similar on their post. After my article, I got at least 40 emails, over 100 calls that everyone was against lowering our standards. What I propose is to keep our 2.0 throughout 0-12th grade and if you are under 2.0 you have to go to study tables. As long as you are in study tables and showing improvements you should be allowed to play ball. Jessie Davis, P.O. Box 10205, South Bend, IN — I'm sure we all remember the catch phrase that we saw all over television, "the mind is a terrible thing to waste;" that stands so true. If you relax 23 REGULAR MEETING JULY 27, 2015 this requirement that you are not made to do something, it doesn't get done. If we let them go there in high school what happens if they want to go to college? We need to push them, we need to challenge them. I have a twenty year old, he went to Elkhart and their school system was not as challenging as ours. In kindergarten and first grade we were told that he was slow or possibly needed special education. If you test him now he will probably be at a genius level. He can write computer programs; the problem was that he was bored. He wasn't being challenged, he was bored. When he got higher in his later education years, they put him in advanced classes; he whizzed through those, but he was being challenged and he excelled a lot. I think you unanimously need to vote this through. I for one will be at the School Board meeting when they hear this. get here. skated b we're more For end — support the resolution to ring went I gradua was one semester short see a war o down he state house making it ifficult o scho orations. But the answer on our not getting numb tudents that we like, we're not like, so wha g to do is make it easier for you to ds tha t to high sch who played sports just as I did, who ninimal n na in my mid - thirties at least ten (10) who are serving now in the In Depa of Corrections, due to poor decisions that come in i the, "I'm just to slid mentality. Especially when we send a message ,d about what v n do on the basketball court or the football field as a school corporation. I e as a Irais ity have to understand that if we want all of our quality of life to get better, to standards. We have to make these kids at 6th grade, at 8th grade, at 10th grade kn t are not all going to college, but if you want to make anything in this life, your boss is no wer the standards to let you get by. They are going to expect you to meet the standard. I am a Pittsburgh Steelers fan, huge sports fan. As Mike Tomlin always says, "the standard is the standard." I think that needs to stay the same for the school corporations, let "the standard be the standard." Dan Mullas, 632 S. 28" Street, South Bend — My view on this situation is this is about the kids; take the politics out of it. In my opinion, I think they should be shooting for a 3.0 and above. If they don't get the 3.0 GPA, a 2.8 GPA or 2.9 GPA will show that at least they're trying. Where I went to school at, I had an amazing football coach. He told me 10% of the game is physical and 90% of the game is mental. I know the school says 2.5 GPA but I want to see a 3.0 GPA or you're not playing. I made the honor roll every one of my years there. In the beginning, I was doing it for my parents and my coach, then I realized through time I was doing it for my son. My son starts playing football this year for Jefferson. When I saw the 1.5 GPA, I told him if you're not at a 3.0 GPA or close you're not playing. We need to teach our kids to want more. I've gone to job interviews where people can't read a tape measurer or pass basic math tests. If you are telling kids that 1.5 GPA is good enough to play ball, then you will have a generation that will think 1.5 is 24 REGULAR MEETING JULY 27, 2015 good enough to get by. You need to take all the politics out and focus on them, which is why this resolution makes perfect sense to get them in the spot they need to be for our fixture. Councilmember Karen White — I would like to say that the standards should be high and that we should not reduce the standards. Children will reach and respond to high expectations. I think this is a great opportunity for the Council to enter into a conversation and dialogue with the School Board of Trustees to work together to move forward with the very best for our children and ultimately for the community as a whole. consider finding ways to get resolution. Again, I would lil language it resolutio states certainl Mr. Sniade these kids in want the boaflM pnort of that. AA on't disagree study hall to make grades. I I do support the cha common council, we are a longer look at this. ould just say I'll support the lease take a look at the resolution what it is, just a title. The actual sections 1, 2, and 3 of the resolution, which simply Councilmember Oliver Davis — As a South Bend School Social Worker, I am a part of the support structure for whatever compromises voted on by the South Bend School Board of Trustees. I am going to have to abstain from this issue, as my job as a social worker is to work with the structure any way. I'll take my lead from whatever happens. Thank you. Councilmember Dr. David Varner — First of all I hope that this is accepted by the School Corporation by the matter in which it is intended. I don't think this is meant to be telling them what to do, but offering an opinion of what other people think could be done. It's a job I never wanted, so I hesitated to stick my nose in it. On the other hand, I've never been a part of an organization that bettered themselves by lowering their standards. We are arguing now how low is low, but the fact is that you set a standard and you ask people to live by it to the extent that you can get people to reach that goal. I think it is a good thing, it doesn't' have to be just grades, it can be attendance or a number of things. From my perspective, as Gavin said there is nothing in here 25 REGULAR MEETING JULY 27, 2015 legal, nothing is binding it's simply a statement put together in general terms. In my perspective you set standards and you hold them to it and you will end up with a better finished product. If you lower standards, then next year we will be lowering standards again and lower them again. Some of my friends are members of the School Board, I hope they are not offended by this; it's not meant to be offensive but encouraging. going tol I If they gra within the city and we need to Dame can't we say this is what your goal is; why not? ith these standards they can get to our flagship universities am in support of this. The conversation needs to continue Councilmember Henry — I would like to add a couple of thoughts. In 2009, the Council within the same sub -com tee passed an ordinance authored by me to continue ongoing conversations with the school corporation to offer them support. We obviously know that without a healthy school system the city itself cannot develop. Another part of the conversation, was that the infrastructures in which the schools sit on are owned by the city the curbs, sidewalk area, sewer, water... So if there is any opportunity that we can help them with the infrastructure to be taken care of whether plowing or paving the roadway the city can participate with those discussions as well. One thing I want to mention, the same type of grown- headed policy that this is helped to land one (1) million African- American men in prison to current day. We have a social justice problem here in America. It begins and ends, then begins again with the educational opportunities in the different communities whether they are making the grade are not. In my time from being a student athlete from 3' grade to my senior year in College, it was an expectation that you knew this and this is how you get it done. If you didn't get it done, you didn't get to participate. I understand that other people have different challenges, whether family are some other issues. However, if we do not press up on our children that they need to make the mark and make sure the support mechanism are readily available, we are not only failing our kids, we are failing our society 26 REGULAR MEETING JULY 27, 2015 and it's going to end up being generational. I get what you're saying Mr. Ferlic. What I can tell you is that some of my best friends ended up in prison because they refused to go to school, they refused to make the grades because they frowned upon it. If we don't press upon these children, especially the minorities, as this is where it comes from, that they are required to make the grades that or they will have prisons waiting for them or plots out in the field in the local cemetery. That is our reality. If we do nothing than we are failing them, they are not failing us. We are our children's fixture. I digress. There being no one present wishing to speak to the Council in opposition to this bills, Councilmember Mr. Gavin Ferlic made a motion to adopt resolution 15 -74. Councilmember Karen White seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILLS - FIRST READING AND REQUESTING A AT 4325 S. MIC COUNCILMANIC DIS INDIANA This bill had first reading. Councilmember Area Plan. Councilmember Mr. Gavin Fer of eight (8) ayes. REPORTS BILL NO. UNIT DJA So moved b motion which Councilmember Ga Committee for August carried by a voice vote ZONING ORDINANCE PROPERTY LOCATED SEND, IN 46614, OF SQUTH BEND, to refer this bill to the carried by a voice vote M R IRMA M11164LrffUwwuN�: nd r ted a motion to accept the substitute bill 29 -15. i Ferlic. Councilmember Oliver Davis seconded the eight (8) ayes. motion to refer bill 29 -15 to Zoning & Annexation iuncilmember Oliver Davis seconded the motion which Councilmember Henry Davis, Jr., when I was looking at the two tax abatements particularly with 15 -71, I don't know when or how this will be structured during budget sessions, but I would really like to know where we're making out at; with upping close to a million dollars in city investment and $8 million in private investment. If you are only getting 20 jobs out of $750,000 payroll that equates to roughly $38,000 /yr. and everyone is not going to make the same amount. My thought is how do we spend that type of money and come up with that wage for the year. That is a huge sacrifice on someone's end. I am interested in the jobs that are coming in and how much money each job is going to carry. Are these investments ones that we really need or is it just a means to an end? I'm not really sold that these investments will help turn around our economic situation. This one looked like a sweet -heart deal even with the fact that we have to pay a lease out, if it's not filled in two (2) years; I don't get that. That's neither here nor there, I am in support of it; I voted for it. I have been really critical about our tax abatement policies and how they actually help the city of South Bend. NEW BUSINESS 27 REGULAR MEETING JULY 27, 2015 Councilmember Oliver Davis I will be sending updates from Rim Village Association and departments. I met with Mayor Pete last week about improvements to the U.S. 23 corridor; as many people come to South Bend on U.S. 23. Thank you again, Gavin, as I got an update today regarding the curbs and sidewalks from the Prairie Apartments to the fire station. Since currently they don't have sidewalks. They also need lighting in that area, as there is over 1,000 people over there. Along with other things that need to be developed. Over the next few weeks you will be receiving an email in regards to putting a resolutions together. PRIVILEGE OF THE FLOOR large police department, n't fill all of our openings. When you live in one of the busiest call grids and only o officers a shift, that is not enough to handle the call volume, let alone get to know neighborhoods or problem areas. We need general infrastructure improvements. It is nice to see improvements on Western Ave. Like Mr. Brown said, I am afraid that it will end up like Lincoln Way West, where traffic is bottle - necked, where people make dangerous moves to pass busy streets and hope that you get across without hitting anyone. There is talk about tearing down homes in vacant areas by LaSalle Park to build soccer fields. First, I would not like to see anyone move from their home, and second it is not as vacant as the Mayor and his office makes it out to seem. They are still putting in neighbors there. If there is one thing that we really need on the west side is a dog park, a social gathering place. Sharon Banicki — 3822 W. Ford St., South Bend — I just want to give the council something to think about. We are throwing money into speculation buildings, into smart streets that we hope will bring money to our city. I would like each and every one of you to take some time and see where you think the city is going. What is your vision for the next 10, 20, 30 years? What do you think South Bend is going to be? Mishawaka by default ended up being a retail mecca, at the same time they are pulling all the healthcare. I'm not sure how many of you know this but not only did we lose the VA Center this week, which is the white elephant in this room, but Michiana Hematology & Oncology pulled all their offices, equipment and all to Mishawaka. We R] REGULAR MEETING JULY 27, 2015 as the citizens deserve to know, we have a right to know. We have Ignition Park that is ready to ignite, ignite into what? You moved a building from Notre Dame to out there. You haven't created any new jobs, you just moved them. I like to address the fact that back in March, I filled out a privilege of the floor and I never heard back from it, asking if all of last year's meeting minutes, that aren't available, with resolutions and laws passed are they legal given the fact that the meeting minutes didn't back them up. This year's meeting minutes if you go back and read them, they are paraphrased which is fine, as long as they get the right point across. I know reading from what I said it is not what I said up here. I also discovered since I wasn't here for a while if I don't have cable or I don't have dish that I can't sit at home and watch these meetings. You are doing a great disservice for majority of your people that don't have internet access. By the way as a parting thought, the meeting you aired tonight was not the meeting that was shown tonight. You showed the wrong meeting. ADJOURNMENT There being no further business to come before the 29 Tim Sc'WWourned the osident