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HomeMy WebLinkAbout02-10-14 Common Council Meeting MinutesREGULAR MEETING FEBRUARY 10, 2014 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, February 10, 2014 at 7:00 p.m. The meeting was called to order by Council President Oliver Davis and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Absent: Tim Scott 1st District Henry Davis, Jr. 2 nd District Valerie Schey 3' District, (Chairperson Committee of the Whole) Dr. Fred Ferlic 4 d ` District Dr. David Vainer 5 1h District Oliver J. Davis 6 d ` District, (President) Gavin Ferlic At -Large Karen L. White At- Large, Derek Dieter At- Large (Vice President) OTHERS PRESENT: Kathleen Cekanski - Farrand Council Attorney John Voorde City Clerk Janice L Talboom Deputy Kareemah Fowler Chief Deputy REPORT FROM THE SUB- COMMITTEE ON MINUTES Councilmember White made a motion that the minutes of the January 13, 2014, meeting of the Council be accepted and placed on file. Councilmember Schey seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS BILL NO. 14 -10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE FIRST TWO WEEKS IN FEBRUARY 2014 AS NATIONAL SCHOOL COUNSELING WEEKS IN SOUTH BEND, INDIANA WITH THIS YEAR'S THEME BEING SCHOOL COUNSELING: BUILDING MAGICAL FUTURES Indiana University no one present (tabled) Bill 14 -10 to next meeting. MAYOR'S ANNUAL ADDRESS TO THE CITY COUNCIL PURSUANT TO SECTION 2 -3.1 OF THE SOUTH BEND MUNICIPAL CODE At this time according to South Bend Municipal code we will have Mayor's annual address to the committee section 2 -3 -1 Mayor separate speech on this week on Wednesday at 6:30pm at the Century Center. He would also like the Mayor to address the article in the newspaper yesterday and then start presentation. Mayor Pete Buttigieg received a letter from the council, letter indicated a preference for those signing that there is dialogue in between city of South Bend and City of Mishawaka. Within a 4 mile radius utility extension boundaries to having productive conversations with the mayor of Mishawaka if council refers that bill today to the utilities committee will be ample time in two weeks for that committee to take any action or public any debate to have a productive and fully evolved discussion with Mishawaka. REGULAR MEETING FEBRUARY 10, 2014 Mayor Pete Buttigieg presented his annual address to the City Council pursuant to Section 2 -3.1 of the South Bend Municipal Code. City address will be held on Wednesday of this week. First thing to show was run down of where they stand financially and where to draw your attention to: as predicted the General Fund was announced the numbers were the actual numbers from 2013: made $40,000 of revenue and expenditures were able to keep the targeted balance, Overall revenues come in at 2% below expenditures and largely responsible for enterprise funds in capital spending reserves spent on capital purposes largely on utility related issues. The enterprise fund revenues were lower than expenditures by about 15 million due to the fact that a revenue bond was not issued in the past year where in previous years was did not decline the feed base revenue. 8:30 time Redevelopment revenues were $8million over expenditures with technical revenue declining because we saw redevelopment and partner community investment operating under budget levels that creates room for new growth in the future to an overall positive thing, includes parks and recreations, motor vehicle highway, and lost recovery among other funds. Gave an overview of how the neighbor categories evolve over time, as he mentioned last year in 2013 what happened to general fund in 2008 and 2009 one irregularity where taxes were distributed to get a sense of the overall value of those two years you would want to split the difference of the average. General fund is slightly off from 2013 compared to 2012 partly as a consequence of corporations at a set value but broadly consistent. You see the enterprise fund drop off from 12 to 15, primarily driven by waste water revenue bond was not issued in 2013. Also see redevelopment steady, spike in 2010 as it was just a fact that property taxes were collected so you see a fairly steady progression from year to year in all major categories Only thing as we go to the expenditure side that this year pattern holds that we are in the market we higher rated expenditures than enterprise funds as compared to where we were 3 years ago that's a result of the long term control plan kicking in so that a trend that you can expect to continue unless there are measures that drive down the regular expenditures that are required of us in the long term control plan for our obligations on waste water. You can also see an uptick in debt capital projects a lot of that is the fire department station go live this past year, not quite ready to cut ribbon on the Luther Taylor fire training center is near completion as we look to those funds from last year the number will be a little bit higher than we are used to seeing Showed a chart overtime showing how overall revenues can stack up, part of this can be a little misleading because if you think of this just as a flow or keeping up more than we take in than you would leave out the numbers when you do issue a bond, that's part of what you're seeing here, If you measure the space between the blue line and the red line that's the creation of extra funding during the bond issue that's what happened in 2012 that's what makes it possible to be under the incoming revenue in 2013, just want to bear in mind the blue dot represents the revenue under the red dot represents the expenditures the general fund was not that balanced when it came to 2013. This is a closer view on the general funds in particular, the property taxes receipts throws off 2008 and 2009 the bottom line the finance team has done a good job in working with the council and anticipating the budget process how the revenue expenditures are going to fall out and that's allowing us to keep those dots as close together as possible. Some revenues you might be surprised to learn from where most of all the revenue comes from: Would like to highlight the breakdown of revenue comes from charges and services: sewer and water bills are the single biggest source of dollars that would be fees related to waste water, water, solid waste; we also get parks revenue, followed by property taxes which comes from the general fund, parks as well as the hall of fame and tip funds, intergovernmental funds doesn't capture internal transfers covers funds that come from the state branch like federal government and pension release, transfers in you can think of as an accounting artifact, this is how they account for the dollars that move around their department. Local income tax includes both public safety and county option income tax, bond proceeds lower number this year then you might be used to seeing just as a result of the waste water bond. In terms of where the dollars are going public safety accounts for the biggest account followed by water and sewer, so when you add those two together they serve the majority of what the city expenditures go to are basic services like life support making sure the basics are easy for citizens, Highlighted this slither on the chart, as the general government category as the overhead which includes administration and finance team, legal team, and all of us city council and mayor's office budgets in this category. Vast majority general fund dollars goes to public safety this is one of the reasons for the supported property tax in our budgets, careful to make sure there is predictability and adequacy in the amount of taxes 2 REGULAR MEETING FEBRUARY 10, 2014 that they are able to collect. General Government again would include mayor, council, admin, and finance, and related departments to them: photo of code safety and portrait of mayor In the past common practice to account for employment municipalities in terms of budgeting additions, trying to move toward visibility on actual position, number represents actual physical people employed by the city as of December 31 st, what you don't see here that is a positive trend this is getting a little closer to the budgeted number there's always a gap as you always have some number of vacancies but it allows us to be more efficient with our budget, one of the reasons why even though budget has been squeezed, and we are seeing an contraction in the number of positions we are able to handle that without a big a contraction in the number of people providing services to residences in the city. As of December 31st we have had 9 positions which is a healthy number to how close we are to having most of our positions filled in the city. Most of those people, only half of the people that work for the city are public safety at 579, biggest category is public works at 297 and full time at 113 and a few more joined the ranks in parks and recreation during the summer time that's the biggest category of seasonal employment. Good News to share, we are once again the highest rated class two cities in the state of Indiana this is the distribution of all the public entities in the state of Indiana, including the state of Indiana itself that issued debt and how they're rated. Most of them or the median at least are at about the 8+ range higher than that would be AA -, higher than that would be AA and that is where South Bend is. We are happy to be in that position it lowers our borrowing cost over the long run. If you look at our tier class two cites you can that we are at the top peak. At a time when you look at Federal government spending as all finances are in terrible shape it bears repeating that South Bends are quite strong thanks to the stewardship by the South Bend county council and our predecessors in previous positions. I want to share some things that got the attention to the credit rating agencies, this is what they look at to decide what ranking to give us role as civic union, diversified local economy, complimented financial operations, and debt is at a manageable level, role of universities and healthcare systems in the city. These are the things that can affect us, I don't think you're surprised those of us who work on public policy every day. The biggest things to be concerned for anybody accessing the credit worthiness of our city is the income level, the fact that we continue to struggle with low income in a lot of portions of the community and the fact that our unemployment rate in the police report is substantially down from what it was a year ago it is still above average for the state and for the US. This is where we stand if you look at every government class: Class I, Class B, and Class III in the state. Indianapolis was ranked above us they actually slipped down to AA so out of 200 local government entities we are tied for eleventh place. Something that we can stand on as we are thinking of benefits having financials and budgeting. This concludes presentation for today, he will have more extensive information on Wednesday. (A copy of the power point presentation is on File in the Office of the City Clerk.) Questions and Comments from Councilman to Mayor Pete: Councilman Davis - There has to be a new way we capture new revenue, new dollars for our city from housing lose liked, sewer water what is the thought process in adding compensation in those areas, to have the ability to capture revenue that are out there for us, interested in how to go about this so we can grow again, I don't see in housing in areas of demolition has taken place, I don't know if there is a new place to introducing new housing to that area but there has to be a two way approach that we are growing again within the city and extend more services so that we can pull more dollars as well? Mayor: We have an evolving perspective on annexation, very little annexation activity in recent years, although there has been a couple voluntary annexation's, while there is nothing underway right now, but we are always are revisiting to make sure that our boundaries make sense. If there were to be any annexations in the future, our administration's approach to that would be guided by two considerations first would be would the residents of that area be better off, and second would be would the cities both be better off. The reason I would differentiate the two is there might be some cases where you have an area of development for residences that would like to be annexed but when we run the numbers we actually find that it would be damaging to a large climate city. It can go either way depending as every area is different, depending on the density, cost of extending services, and some areas we already extend service to that are non -city members, but others we go out and be running capital pumps. We need to be position ourselves so if that were to come up we have the resources to do that by case by case analysis, so that we can make sure that any proposal would come up, even ones established that it would be the right thing to do as a city as a whole. REGULAR MEETING FEBRUARY 10, 2014 Councilman Ferlic- How does our cities overhead compare with other cities, we're 5% is that comparable like every other city, I don't know that's why I'm asking? Mayor Pete stated we have not been able to benchmark in terms of overhead. One of the things that makes if difficult is because you have things like enterprise funds that come in where other cities might not run their water utility as you have cities like Mishawaka that also run their electric utility on top of theirs. It would be a challenge to run an apples to apples number but I don't mean to suggest that it's impossible and certain that I would be interested to know as well. Councilman Varner: Just for the record I'm pro -South Bend too. I appreciate your thoughts, and finding an amicable solution and prevent what could be a legal issue or statewide resolution. Thank you for your time. Councilman Oliver Davis: Reiterate at lunch that not only will I be meeting with you, but open it up for every month if you can have someone from the office to contact the council people to have the opportunity to meet with you to see if we can share different stories, that are going in our different districts. Mayor replied I'm looking forward to more one on one interactions with council members. Wednesday night at 6:30pm at the Century Center with a reception, encouraging individuals that have any winter hats and coats to bring those as he will be taking up a collection. REPORTS OF CITY OFFICES ANNOUNCEMENT: NEW DEPUTY CHIEF CITY CLERK MS. KAREEMAH FOWLER RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:27 p.m. Councilmember Schey made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Schey, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2 -11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 69 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4-44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATION REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4- 53 Councilmember Henry Davis made a motion to move to accept substitute bill 69 -13, motion seconded by Councilmember Dr. Varner, which carried by a vote of eight (8) ayes. Councilmember Ferlic states, the Health and Public Safety committee met today in consistent for favorable recommendation for bill 69 -13. Police Department representatives along with two detectives protect here to protect the precious metal dealers as these amendments put in to effect 1/13 of this year with recording process, the police department is an online reporting project and has great feedback from the businesses participating thus far. 10 REGULAR MEETING FEBRUARY 10, 2014 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dr. Varner made a motion for favorable recommendation to full Council. Councilmember Gavin Ferlic seconded the motion, which carried by a voice vote of eight (8) ayes. BILL NO. 70 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -116.1 CITY RESIDENCY REQUIREMENTS Councilmember Henry Davis made a motion for Bill 70 -13 to be continued indefinitely, motion seconded by Councilmember Scott, which carried forward by a voice vote of eight (8) ayes. BILL NO. 01 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE FIXED SUM OF $150,000.00 PLUS UP TO AN ADDITIONAL $125,000.00 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR CAPITAL OBLIGATION PURSUANT TO AGREEMENT WITH THE POTAWATOMI ZOOLOGICAL SOCIETY Councilmember Scott made a motion to combine bill 01 -14 and 02 -14 for public hearing, councilmember Varner seconded the motion, which carried by a voice vote of eight (8). BILL NO. 02 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING A NOT -TO- EXCEED SUM OF $900,000.00 WITHIN PARKS AND RECREATION GENERAL FUND #201, FROM PERSONNEL COSTS INTO OTHER PROFESSIONAL SERVICES, AND APPROPRIATING SAID MONIES TO SATISFY CONTRACTUAL OBLIGATION TO POTAWATOMI ZOOLOGICAL SOCIETY Councilmember Dr. Ferlic stated that the Parks Committee met earlier today and send bill 01 -14 & 02 -14 to the full council with favorable recommendation. John City Controller: Both bills relate to implementing the public /private partnership agreement entered in January 1st, with the zoological society. First bill appropriates $150,000 from the edit fund, which is also used for capital, in addition for capital items, the second appropriation $125,00 which $50,000 will be reimbursed to genetics practice under park improvements under the zoo. Second bill transferred $900,000 from personnel categories to a services account to pay for operating costs, of 18 employees were transferred from city employees to the society that's been accomplished. This transfer is made in two payments one payment has been made and its due January 15th of $450,000, second payment June 1st of $450,000 as well 3 employees remaining with the city employment for investment purposes those costs will be deducted from the amount paid to the society, so a little less than $450,000. In the absence of the bills I have Marcy, Executive Director from the zoo and Phil St. Clair from Parks & Recreation Superintendent to answer any questions if you should have any. A Public Hearing was held at this time. Phil St. Clair, Parks & Recreation Superintendent: I would like to offer my support for this bill, I am 6.4 and 6.5 Agreement that we are in obligation to pay these sums per our agreement bottom line this is still less expensive than for us to operate the zoo in 2014 than it was on projected budget, our projection was operating was about $1.1 million so this is a savings, we looked at this contract so creates long -term sustainability for the zoo and create an opportunity for the zoological society to enter into an agreement the zoo will hopefully the zoo on solid ground for years to come. We are excited about the partnership, in the short amount of time during our REGULAR MEETING FEBRUARY 10, 2014 transitional time, we think the society has done a great job moving forward. So we just ask the city council ask to support this bill. George President of Zoological Society: We would like to thank you for your consideration that you have given last fall, we are now in our second month, I won't go over everything that we talked about in our committee meeting but I think the first two months so far have been very successful we have accomplished a lot transitioning setting up benefit plans, we have a construction project going forward, we are working on putting together a master plan with the ark people, it will go out at the end of this month, we are looking to have a masters plan in place by the end of the year, we are working on our accreditation program through AZA and should have a lot of business coming in to complete those projects around the zoo a lot of which be helped by some of the funds that you are being asked to approve tonight in conjunction with the Mayor's office has asked and what Phil St. Clair has asked we would like your approval of this funds transfers today. Again we appreciate your support. There were none looking to speak in opposition. Councilmember Henry Davis made a motion for favorable recommendation to full Council for bill 01 -14. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Henry Davis made a motion for favorable recommendation to full Council for bill 02 -14. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 64 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES INCREMENTALLY THROUGH 2017 Councilmember Oliver Davis made a motion to accept substitute bill 64 -13. Councilmember Karen White seconded the motion, which carried forward by a voice vote of eight (8) ayes. Council Attorney requested the motioned for the title to be amended on substitute bill 64 -13 tc strike the word 2017 at the end of the title to replace with 2016. So moved by Councilmember Dr. Varner. Councilmember Oliver seconded the motion, which carried forward with a voice vote of eight (8) ayes. Councilmember Varner states, committee report for the Utilities Committee on Substitute Amended bill 64 -13. Public hearing on the substitute version of the bill which shortens the time period from 4 years to 3 but changes the proposed rate increase over that three year period from 9% a year to 5% a year. The date was amended because the proposed was a 3 year as opposed to a 4 year, so at this point in changed to a favorable recommendation. Eric Horvath, Public Works Director, offices on the 13' Fl.- I appreciated all participation by council members and hearing what we find to be a very serious issue and finding a way that we can still provide for residents a rate that is competitive and is good for business? I appreciate the participation I look forward to working with the council and citizens on moving the long -term control plan forward. We are going to be re- looking at a number of different areas that we think that we can find some significant savings on the program that will affect long -term rates and look forward to this. I don't have anything forward if you have any questions, I would be more than happy to answer them. Councilmember Scott, states I appreciate your openness to work on this. Councilmember Oliver Davis: Can you mention the work with Green Solutions and what you are looking to hope to find in that area? Petitioner responded there are a number of different alternatives that we can look at, as we look at what the right way to treat the water is. What we are going to look at are some gray and green solutions and really find the most cost effective solution that provides as much enrolled benefits as we can. Some of those solutions that are becoming really good options for cities that they are fmding double green benefit, saving dollars and having a green city, things like rain gardens and finding ways to take care of the water 6 REGULAR MEETING FEBRUARY 10, 2014 before it gets to the sewers so you don't have the issues. We will look at those opportunities as we move this program forward to try help find ways to reduce cost. Councilmember Scott made a motion on Substitute Amended Bill 64 -13 for favorable recommendation to full Council. Councilmember Varner seconded, sending amended Substitute Bill 64 -13 to the full council with a favorable recommendation, with a voice vote of eight (8) ayes. RISE AND REPORT Councilmember White made a motion to rise and report to full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:46 p.m. Council President Oliver Davis, presided with eight (8) members present. BILLS — THIRD READING BILL NO. 69 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 444, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4- 53 This bill had third reading. Councilmember Scott made a motion to amend substitute bill 69 -13 as in Committee of the Whole. Councilmember Gavin Ferlic seconded the motion which carried. The bill was carried by a roll call vote of eight (8) ayes. BILL NO. 01 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE FIXED SUM OF $150,000.00 PLUS UP TO AN ADDITIONAL $125,000.00 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR CAPITAL OBLIGATION PURSUANT TO AGREEMENT WITH THE POTAWATOMI ZOOLOGICAL SOCIETY This bill had third reading. Councilmember White move for the passage of bill 01 -14. Councilmember Scott seconded the motion which carried. The bill was carried by a roll call vote of eight (8) ayes 7 REGULAR MEETING FEBRUARY 10, 2014 BILL NO. 02 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING A NOT -TO- EXCEED SUM OF $900,000.00 WITHIN PARKS AND RECREATION GENERAL FUND #201, FROM PERSONNEL COSTS INTO OTHER PROFESSIONAL SERVICES, AND APPROPRIATING SAID MONIES TO SATISFY CONTRACTUAL OBLIGATION TO THE POTAWATOMI ZOOLOGICAL SOCIETY This bill had third reading. Councilmember Dr. Varner move for the passage of bill 02 -14. Councilmember Scott seconded the motion which carried. The bill was carried by a roll call vote of eight (8) ayes BILL NO. 64 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES INCREMENTALLY THROUGH 2017 This bill had third reading. Councilmember White made a motion to amend this bill as in the Committee of the Whole. Councilmember Dr. Varner seconded the motion which carried by a voice vote of eight (8) ayes Council Attorney interjected that they would need another move to pass. Councilmember Varner made a motion for the passage of bill 64 -13, motion seconded by Councilmember Scott which carried by a roll call vote of seven (7) ayes and one (1) nay by councilmember Henry Davis. RESOLUTIONS BILL NO. 14 -06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1502/1512 MICHIGAN STREET REGULAR MEETING RESOLUTIONNO. q 3U d A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 150211512 Michigan Street FEBRUARY 10, 2014 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 Area 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 Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1502/1512 Michigan Street in order to permit automobile sales end service in a "CB" District SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION II. The Common Council ofthe City of Smith Bend, Indiana, hereby finds that: 0 REGULAR MEETING FEBRUARY 10, 2014 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4, The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area 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 an fter it ' n by the Common Council and approval by the Mayor. 01 C Filed 1- ]1fiice - PRESEtriv Z -kb 2ii13 NOT APPROYEd a. -•.- ��� t `t Cr YCLEBh, a ..1 o m MEND, IN 'poOPirp "' Z Councilmember Scott the Zoning and Annexation committee met this afternoon and we send this bill to the full Council with favorable recommendation. Mark Lyons -125 S. Lafayette- Public Hearing of the December 4, 2013 meeting to allow a special exception request to allow automobile sales at 1502/1512 S Michigan Street comes to an ends of a favorable recommendation at the top of the public hearing there was neither speaking in favor or against the petition. 10 REGULAR MEETING FEBRUARY 10, 2014 Presenter: 42205 Ford St. - I contracted to change the area that I have to change to a CP to a GP to a special license for a used car lot, moving cities. A Public Hearing was now held. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Schey made a motion to move for the adoption this resolution. Councilmember Scott seconded the motion which carried and the resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 14 -04 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITH THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4601 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT AND EXTENDING THE ABATEMENT FOR ONE (1) YEAR AND CHANGING OWNERSHIP FROM SOUTH BEND GEAR TO SOMASCHINI NORTH AMERICA 11 REGULAR MEETING RESOLUTION NO. 't 3 l b- l y FEBRUARY 10, 2014 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4601 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT AND EXTENDING THE ABATEMENT FOR 1 YEAR AND CHANGING OWNERSHIP FROM SOUTH BEND GEAR TO SOMASCHINI NORTH AMERICA 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 4601 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: This real estate is commonly described as: vacant land North of and adjacent to 4701 Nimtz Parkway, said property having frontage on Showerlux Drive, South Bend, Indiana 46628 and is legally described as follows: that part of the Southeast Quarter of Section 20 and the Southwest quarter of Section 21, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # 10A as shown on the plat of °H.G. Baus Centre- Phase One First Replay' subdivision recorded by Document No. 0746267 in the records in the Office of the Recorder of St. Joseph County, Indiana. Containing 5.54 acres more or less. Subject to all legal highways, easements and restrictions of record, and which has Key Number 71- 03 -21- 300 - 001.000 -009, 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 12 REGULAR MEETING FEBRUARY 10, 2014 WHEREAS, the Council has determined that the qualifications for an economic revitalization arca 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 reconfirms 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 an d is limited until February 15, 2015- The Common Council hereby confirms that Somaschini North America may assume the tax abatement previously granted to South Bend Gear. SECTION 11. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (5) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION I11. This Resolution shall be in full forcE Common Council and approved by the Mayor. PRESENTED ?" NOT APPROYEd 'ADOPTED! he JDESN voonof CITY CLERK, $OUTS R[NE1, IN 13 REGULAR MEETING FEBRUARY 10, 2014 Councihnember Gavin Ferlic- Community Investment sends 14 -04 to the full council for favorable recommendation Presentation: Constalez Casanova- 4601 Union Parkway- I respectfully request for an extension for 1 year to meet the requirement of the property tax abatement as stated by the memorandum date February 26, 2011 and to also transfer the abatement from South Bend to North America. A Public Hearing was now held. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Scoot made a motion to move for the adoption this resolution. Councihnember Varner seconded the motion which carried and the resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 14 -11 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 1240 WEST THOMAS STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (6) SIX -YEAR REAL PROPERTY TAX ABATEMENT FOR BOYD'S SERVICES 14 REGULAR MEETING RESOLUTION NO. - 3 1 1 A FEBRUARY 10, 2014 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 1240 WEST THOMAS STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (6) SIX -YEAR REAL PROPERTY TAX ABATEMENT FOR BOYD'S SERVICES WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1240 West Thomas Street, South Bend, Indiana, and which is more particularly described as follows: Lot 48 Fowler's Second Subdivision and which has Key Number 018- 3074 -2912 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et sect., and South Bend Municipal Code Sections 2 -76 et M., 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 m ., and South Bend Municipal Code Sections 2 -76, et &eq., 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 fr RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 15 REGULAR MEETING FEBRUARY 10, 2014 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 son., 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 as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, arc 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 (6) six years as shown by the attachment pursuant to Indiana Code 6.1.1- 12.1 -17. 16 REGULAR MEETING FEBRUARY 10, 2014 SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.]- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION Vlll. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. n /'—\ �1 PRESENTED NOT APPROVED �hoaplEO E9 g'a$13C3 !E1 �5�:'% Fi fti'o`fit;:; r Girt 17 REGULAR MEETING FEBRUARY 10, 2014 Council Member Gavin Ferlic- Community Investment sends 14 -11 to the full council for favorable recommendation Presentation: Eric Boyd- 1240 W Common Street- currently there is a firehouse that is out of commission, 94 years old. There is old construction on the comer of Walnut and Thomas has helped for several years, basically we are here to save it. Engineers came out and agreed that is was salvageable to save the Landmark. A Public Hearing was now held. Those wishing to speak in favor: Cecil Eastman- 57211 Peach Stone Ave.- I am happy to see this building what's left of it being turned into something useful instead of what is now unfortunately just a pile of bricks. I tend to ride past the building when I ride into town, it's in a beautiful old part of time that needs some attention and that building with some attention would be a definite asset to that part of town. There being no one present wishing to speak in opposition to this bill, Councilmember Schey made a motion to move for the adoption of this resolution. Councilmember Scott seconded the motion which carried and the resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 14 -08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENDORSING THE "SPRING FORWARD" — A COMMUNITY BEAUTIFICATION INITIATIVE TO HELP DETER BLIGHT, VANDALISM AND THEFT OF VACANT AND ABANDONED BUILDINGS BY UTILIZATION CREATIVE AND ARTISTIC BOARDING IM REGULAR MEETING Retnre 4 RESOLUTION qM-1 Y FEBRUARY 10, 2014 lffer A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ENDORSING THE "SPRING FORWARD" — A COMMUNITY BEAUTIFICATION INITIATIVE TO HELP DETER BLIGHT, VANDALISM AND THEFT OF VACANT AND ABANDONED BUILDINGS BY UTILIZING CREATIVE AND ARTISTIC BOARDING ( the South Bend Common Council notes that many communities across the nation, who are dealing with abandoned and vacant, buildings, have instituted creative programs to help improve these sites so that they would not be such eyesores and "magnets for trouble" while awaiting rehabilitative or demolton; and (WsA the Common Council further notes that a Housing Court Judge in Cleveland, Ohio, began testing such a program in 2010. It required boarded up structures to be secured and have plywood panels which were painted to look like windows or doors which resulted in very few of these structures being subsequently broken into or vandalized. The program was later expanded to utilize non -profit and neighborhood organizations, and students utilizing their artistic talents; and last year, the City of Chicago "Safe Passage Program" received world -wide attention when volunteer artists and neighborhood associations partnered with the city so that the public could see "progress and change" through decoratively painted panels such as those depicted on the `Board -Up Art" map in the attached exhibit. The program incorporates concepts of artist Chris Toepfer, who is the President of NeighborServe, Inc., who began working on artistic board -ups as early as 1995 after he visited more than 3,000 "ghost buildings" in 17 U.S. cities. He artistically boarded up 750 of them which resulted in 90° /a of those structures being saved from demolition and being restored for reuse; and NC� the Common Council notes that other positive results of similar artistic boarding programs are taking place such as the one in Cincinnati through their "Future Blooms" — a project of "Keep Cincinnati Beautiful focusing on neighborhoods in transition; as well as in Milwaukee, Wisconsin and its "Artistic Board -Up Neighborhood Revitalization Initiative" which began in 2012 and is aimed at reducing the" stigma of blight caused by abandoned buildings'; and the Common Council recognizes that the Neighborhood Resources Corporation has partnered with neighbors, neighborhood associations, and local businesses to prepare to formally launch Spring Forward: A Community Beautification Initiative in early 2014 in South Bend, Indiana', and 19 REGULAR MEETING Spring Forward Artistic Boarding Resolution Page 2 FEBRUARY 10, 2014 March 9, 2014 has been designated as "Painting Day" where artists, committee members and volunteers will be creatively painting window and door replacements which are carefully sized and measured for identified homes. They will then be installed on "Installation Day" scheduled for March 9, 2014 in structures identified by the city in the 2013 South Bend City Report on Vacant and Abandoned Homes; and IW;aat, the Common Council is proud to also recognize that local artist, Chris Stackowicz, will be sharing his many talents in the Spring Forward initiative. Chris has been instrumental in the five -year project of artfully redoing all of the entrance ways into the City of South Bend with giant beautiful murals. The 933 bridge painting which was finished last September and which can be viewed at 933bridge.com involved volunteer mural painters who used the artistic design developed by Chris and features the best of the city's architecture. . t a6a�" *a6e [reunom A& %py l -Ads— ae,"d Section I . The Common Council of the City of South Bend, Indiana, believes that the proposed Spring Forward: A Community Beautification Initiative will creativcly and enthusiastically bring neighbors, volunteers, neighborhoods, local businesses, local artists and other vital resources together to positively make an impact throughout the City of South Bend through artistic boarding. Section 1I . The South Bend Common Council urges everyone to consider getting involved in this pro - active community project which will touch the lives and souls of our neighborhoods, so that they can once again flourish and grow. The Council believes that the Spring Forward: A Community Beautification Initiative will provide a good temporary mechanism, until the vacant or abandoned building is either demolished or renovated, thereby limiting the current blight that it is causing in the neighborhood and helping to deter crime and vandalism. This Resolution shall be in full force ihby the Mayor. its adoption by the jd Xmber Tim Sc t, �-� -.con. At Large John Voorde, City Clerk `( PRESENTED >* Z — -1 NoT, Appitov 11 AnOPTYIiZ - ' t '� Jr., J. Davis, 6 " District f4Bt? SLY ow-C Pete Bunig' r of South Ben Filed In Clerk's Offic V i 1 2014 i j crrvcts �1G� S ° W` ° i i tPlo, tre 20 REGULAR MEETING FEBRUARY 10, 2014 Councilmember White at the Residential Neighborhood Meeting Report met this afternoon we sent Bill 14 -08 to full council with favorable recommendation. Councilman Scott: I would like to reiterate as my wife's is the director of a neighborhood resources corporation and would like to recuse myself from voting. Presentation: Christopher Stackwoods -51308 Gilroy Ct- Asking common council to endorse our spring forward initiative, which a community beautification initiative designed to deter vandalism and theft of vacant and abandoned buildings by utilizing creative and artistic boarding. It is a grassroots effort and we believe that we will offer much success and positive solutions in economic redevelopment and the stabilization process. Councilmember Henry Davis: In your explanation, most properties have been used in this manor for artistic fill has always been commercial properties. Obviously this is a new venture given that this is residential properties, so if that goes over well for the city. We can potentially become a site that people can look at do with their resident's property, unless there are other properties with this given artistic appeal? Petitioner responded there are some other cities that have attempted to do this, that have that have been successful. Cincinnati is one of them, they have only done a handful of properties to date, and they've mostly only focused on the commercial side. We have been asked by a number of neighborhood associations to continue this project, and we were also recently approached by the city of Washington, D.C. vacant and abandoned homes initiative to continue this project in Washington D.C. as well. Councilmember Henry Davis, we could be the catalyst for this type of development for the city. Petitioner responded the city of South Bend will be the catalyst for this type of work. We believe that since so many cities have abandoned and vacant homes problem this another way of treating that. So this is a great reason to celebrate. County Councilmember, Diana Hess - Other member of the team from the Public/Private partnership between Neighborhood Resources Corporation. We are looking forward to seeing beautiful boards from the city of South Bend. Council President, can you share with the council the schools that are participating to the public? She responded, both Measle School and Dixon School are participating at a very high level because particularly around Measle, I believe there are 27 vacant and abandoned houses are the perimeter of Measle School and they are interested in having their students participate and then having the parents then do the insulation on Sunday. A Public Hearing was now held. Those wishing to speak in favor: Gary King- 730 N. Hill St. - I live in a neighborhood that has a number of vacant and abandoned buildings and most of them have been taken down and restored, we are looking at vacant lots and new houses now. In the transition in time it would have been nice to have black boards with pictures of cats and flowers in the window or painted curtains and it would make things look a lot better in many neighborhoods, so driving you by you don't see plywood, you see something that looks more like a home. Only question do you have something with permission from anybody to do that? Obviously the property is abandoned with nobody taking care of it but what happens in the property owner says I didn't know you were doing that you're in trouble with me now? Council President Davis that will be discussed in the rebuttal. Kathleen Petitjean -119 S Palantix St. - I am fully in support of this resolution as I'm one of the artist. Eric Boyd- 1240 W. Common St- I am a recipient of their services, the firehouse had some graffiti and they came and took care of it and was actually very satisfied. Addressed the question of concern: Petitioner responded- We have worked very diligently with the Notre Dame legal clinic to make sure we are following all the Good Samaritan law through all the details of it and we are under the firm assurance that vacant property owner has a major issue with this, than we can either restore the plywood to plain plywood if that's what they wish 21 REGULAR MEETING FEBRUARY 10, 2014 to prefer, and if they wish to pursue legal remedies than perhaps they should be paying the lien on their house as opposed to going after the artist. There being no one present wishing to speak in opposition to this bill, Councilmember Schey made a motion to move for the adoption of this resolution. Councilmember Tim Scott seconded the motion which carried and the resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 14 -09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, GRANTING PRELIMINARY APPROVAL TO A PROPOSED ORDINANCE AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO RECOMMENDATION OF THE UNITED STATED ENVIRONMENT PROTECTION AGENCY (EPA) 22 REGULAR MEETING RESOLUTION NO. t3iq" FEBRUARY 10, 2014 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, GRANTING PRELIMINARY APPROVAL TO A PROPOSED ORDINANCE AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO RECOMMENDATION OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) WHEREAS, the South Bend Common Council substantially revised and amended Chapter 17, Article 2 of the South Bend Municipal Code by passing Ordinance No. 10095 -11 on June 6, 2011, to conform to the federal Model Pretreatment Ordinance published in 2007 by the federal Environmental Protection Agency (EPA); and WHEREAS, in accordance with EPA requirements, the City of South Bend has performed an evaluation of its limitations on chemical pollutants to determine if they adequately protect the Wastewater Treatment Plant and the St. Joseph River, and has determined after EPA review, that certain pollutant limitations require revision. Therefore, amendments to Chapter 17, Article 2, Division 3 of the South Bend Municipal Code are necessary; and WHEREAS, a proposed ordinance amending Chapter 17, Article 2, Division 3 of the South Bend Municipal Code is attached hereto as Exhibit A which contains the changes in pollution limitations, and certain minor changes; and WHEREAS, the EPA has the power of final review and approval of any local government law or ordinance which incorporates the requirements of the federal Clean Water Act, 33 United States Code Section 1251 of seq., and the Clean Water Act's General Pretreatment Regulations, Title 40, Code of Federal Regulations [CFR] Pan 403, but the EPA will not give its final approval until such an ordinance is approved by the City's legislative body; and WHEREAS, the Common Council of the City is the legislative body of the City of South Bend and now desires to preliminarily approve the proposed ordinance in order to permit the EPA to proceed with its own approval process including a period of 30 days for public comment, after which the Common Council will formally enact the attached ordinance; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The proposed ordinance amending Chapter 17, Article 2, Division 3 of the South Bend Municipal Code attached hereto as Exhibit A is hereby approved preliminarily. 23 REGULAR MEETING FEBRUARY 10, 2014 2. Subject to public notice and a period of thirty days (30) to receive public comment; subject further to compliance with any other requirement of the EPA, and upon the EPA's final review and approval of the proposed attached ordinance, the South Bend Common Council will formally adopt and pass the attached ordinance pursuant to its rules of procedure. 3. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City. PMENIECi; Not Wpmbffl, vi 21 20;4 306. d E .•_� 24 PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this lO-K day of 2014. REGULAR MEETING FEBRUARY 10, 2014 Council Member Dr. Varner the Utilities committee had a Public Hearing this afternoon and after detail discussion we send 14 -09 to the full council for favorable recommendation Presentation Mr. Orva- This article we will ask for preliminary approval of ordinance of changes the way we allocated pollutants to our industrial users so that it is more business friendly. This ordinance would adjust the local limits set in place for that limits and then go to EPA for approval, upon EPA approval then it would go back council as an ordinance to move forward at that time. Council Attorney nothing needed. A Public Hearing was now held. There being no one present wishing to speak in opposition to this bill, Councilmember Schey made a motion to move for the adoption of this resolution. Councilmember Scott seconded the motion which carried and the resolution was adopted by roll call vote of eight (8) ayes. BILL NO. 14 -12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROUDLY ENDORSING THE SUBMITTAL OF SOUTH BEND CITY CEMETERY BEING NOMINATED TO BE PLACED ON THE NATIONAL REGISTER OF HISTORIC PLACES 25 REGULAR MEETING FEBRUARY 10, 2014 RESOLUTION NO. 4 31D- I A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROUDLY ENDORSING THE SUBMITTAL OF SOUTH BEND CITY CEMETERY BEING NOMINATED TO BE PLACED ON THE NATIONAL REGISTER OF HISTORIC PLACES the South Bend Common Council recognizes that the National Register of Historic Places is our country's official listing of historic places determined to be `worthy of preservation ", as authorized by the National Historic Preservation Act of 1966; and the Council further recognizes that the National Park Service's National Register of Historic Places is part of a national program which is dedicated to the coordination and support of efforts to "evaluate and protect America's historic and archeological resources' ; and I/1" for a site to be listed on the National Register, in addition to the "honorific recognition" there is an opportunity for a commemorative plaque similar to the one depicted above to be displayed once the nomination becomes official; and the Common Council notes that the State Historic Preservation Officers also play a critical role through their detailed review and evaluation of buildings and sites nominated to be placed on the National Register of Historic Places; and Qom. the Indiana Department of National Resources' website provides information on the `State Historic Architectural and Archaeological Research Data base ( SHAARD)" which is a Division of Historic Preservation and Archaeology (DHPA), which permits individuals to search information on known historic resources throughout the State of Indiana; and some of the data provided by SHAARD includes information from the Indiana Cemetery acrd Burial Ground Registry, as well as data on bridges, and properties listed on the National Register of Historic Places so that there is public access to site information housed at DHPA without having to come to Indianapolis; and the Common Council further recognizes that the Historic Preservation Commission of South Bend and Saint Joseph County was formally established in 1973. Since that date, the Commission has diligently worked to identify structures and sites which are architecturally or historically significant located throughout the city and county; and 26 REGULAR MEETING Resolution Endorsing South Bend City Cmacry Page 2 FEBRUARY 10, 2014 gym, the Common Council notes that a "National Register of Historic Places Registration Form" has been completed which would formally nominate the South Bend City Cemetery for this high and prestigious honor, a copy of the form is attached to this Resolution; and the South Bend City Cemetery, founded in 1832, is our City's oldest cemetery and is located just west of current downtown South Bend, and is on property donated to the City by South Bend's founders Alexis Coquillard and Lathrop Taylor with a very majestic entry gate: on June 24, 2013, the South Bend Common Council adopted Resolution No. 4263 -13 which recommended the establishment of a five (5) year Action Plan for the revitalization and preservation of South Bend City Cemetery, a copy of that Resolution is attached; and LN" as noted in that Resolution, not only is the South Bend City Cemetery of great historic value in light of its location, historic beginnings, distinctive artistic plat design, architectural design of the Sexton's cottage, and the majestic gate and fencing; it proudly is the final resting place which is very well known for being one of the few non - segregated cemeteries of its time where persons were buried regardless of their religious affiliation, their race, their status in life, or type of death; and 91om within the South Bend City Cemetery, you will see the final resting places of Peter Roof, a Revolutionary War Veteran; many African- American including but not limited to the Bryant, Farrow and Powell families; South Bend's first Mayor William G. George; Mary and James McKinley, the paternal grandparents of the 25" President of the United States William McKinley; John Amen, the first soldier from St. Joseph County killed during the Civil War, Norman Eddy who served as a Colonel during the Civil War and litter as a U.S. Congressman; Lewis Keller, a South Bend Police Officer killed in the line of duty in 1898; Howard C. Wagner, a South Bend Police Officer killed in the line of duty by John Dilliger's gang in 1934; Schuyler Colfax, the 17` Vice - President of the United States and many of his family members including his son, Schuyler Colfax, Jr., who served as Mayor of the City of South Bend from 1899 -1902; and Private Enoch R. Wei, who was a Congressional Medal of Honor Recipient —just to name a few; and 27 REGULAR MEETING Resolution Endorsing South Bend City Cemetery Page 3 Schuyler Colfax John Auten Howard C. Wagner Noonan Eddy FEBRUARY 10, 2014 WA the South Bend Common Council, in collaboration with the City Administration has, as a result of ongoing discussions and meetings, will be including South Bend City Cemetery as a topic to be addressed in the upcoming Public Parks Department's five (5) year plan, as another positive step for the restoration and revitalization of South Bend City Cemetery. Section 1 . On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly and proudly endorses the submission of South Bend City Cemetery for formal consideration to be placed on the National Register of Historic Places. Section II. The South Bend Common Council believes that such recognition would be most fitting for a truly historic cemetery located in the heart of the City of South Bend, Indiana. Section III. This Resolution shall be in full force t oil ,ad approval by the Mayor. Tim " stri t Henry Davis, jr., 2" District Derek . Dieter, At Large avin Ferlic, a .1�4r� B Karen L. White, At Large -4�� C-'A-A - 'S Kathleen Cekanski farrand, Council Ally D d Fedic, 4 "' District Dr. David VamerMs istnct 0 REGULAR MEETING Resolution Endorsing South Bend City Ccmcnc y Page 4 .�teue. John Voorde, City Clerk oRrsw ey L —I NOT APPRO W aDOPrED 2--(A—(V FEBRUARY 10, 2014 Pete Buttigiegft 3 Smth Bend Filed in Ci®rk'-j Uffsct � : 2 JOHN VOORDE CITY CLERK, SOUTH BEND, IN 29 REGULAR MEETING FEBRUARY 10, 2014 Council Member Dr. Ferlic the Parks and Recreation committee met this afternoon and send 14- 12 to the full council for favorable recommendation Steve Nemeth: I would like to thank Mr. Russell for putting this together for us. I think this will help us with applying for grants in the future. Christopher Huff- 1831 Colleague St.- Approximately 9 months ago, I was up here ranting about the condition of city cemetery, since the time I've been working with the committee Steve the Director of the parks department, Felicia... I did not prepare the foundation forum or program but absolutely in favor of it as this is one method of protecting the integrity of the historic portion of the cemetery. As everything that catches up with that, we hope to see very significant changes to the condition and the celebration of patrimony on the community and additional improvements to the surrounding neighborhood so I highly recommend that you approve it. The tourism division in the chamber of commerce has signed off on it in favor and are very supportive of it. A Public Hearing was now held. There being no one present wishing to speak in opposition to this bill, Councilmember White made a motion to move for the favorable adoption of this resolution. Councilmember Varner seconded the motion which carried and the resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 14 -13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AND THE SOUTH BEND COMMUNITY SCHOOL CORPORATION JOINTLY OPPOSING LEGISLATION REDUCING OR ELIMINATING BUSINESS PERSONAL PROPERTY TAXES WITHIN THE STATE OF INDIANA 30 REGULAR MEETING FEBRUARY 10, 2014 RESOLUTION NO. t 31-1 - t Y A JOINT RESOLUTION BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THE SOUTH BEND COMMUNITY SCHOOL CORPORATION JOINTLY OPPOSING LEGISLATION REDUCING OR ELIMINATING BUSINESS PERSONAL PROPERTY TAXES WITHIN THE STATE OF INDIANA WHEREAS, Governor Michael R. Pence and other Indiana legislative leaders have proposed the elimination of the Business Personal Property Tax; and WHEREAS, proponents of the elimination have consistently affirmed that the Business Personal Property Tax is a hindrance to the business climate in Indiana, yet numerous publications consistently rank Indiana I st in the Midwest in Business Climate and Top 10 in the Nation in Business Tax Climate from the non - profit Tax Foundation; and WHEREAS, Governor Pence stated in a January 10th jobs announcement, "Today's announcement continues to prove why Indiana is the best state in the nation to start or grow a business", and WHEREAS, it is estimated the loss of revenue to the City of South Bend would he approximately $8,000,000 and would necessitate significant cuts to police, fire, public works, parks and recreation and other essential City service departments; and WHEREAS, if the elimination were to take place, the South Bend Community School Corporation estimates its total revenue loss would be approximately $3,413,000. Necessary cuts to transportation, bus replacement, . school building maintenance and technology upgrades would all follow; and WHEREAS, the City of South Bend finely believes that quality of life amenities and economic development go hand- in-hand as our residents require essential and community services that are paid for from Business Personal Property Taxes; and WHEREAS, the statewide elimination of the Business Personal Property Tax would significantly harm economic development efforts locally where South Bend has seen significant economic growth and continues to be a leader in Indiana. NOW THEREFORE BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA AND THE SOUTH BEND COMMUNITY SCHOOL CORPORATION AS FOLLOWS: SECTION 1: The City of South Bend, Indiana, and the South Bend Community School Corporation stand firmly opposed to any attempts which would diminish the revenue collected from the Business Personal Property Tax without a stable and equal revenue stream to replace the lost dollars and urge our local legislators to vote against any attempt do so. . SECTION It: This Resolution Common Council and approval by the pRESEHIEt7 : -1 � �) F407 APPROVED 4 � WPTEp Z 't'o" J passage by the L c� LI 31 REGULAR MEETING FEBRUARY 10, 2014 Councihnember Gavin Ferlic Community Investments Team, due to time constraints we did not have a full question and answer session so we send 14 -13 to the full council with no recommendation. Mayor Buttigieg: The reason that it is coming before the council at this time is it is important for cities and School Corporation in other units of local government to weigh in on a discussion that is going on in Indianapolis that could affect our bottom line. Well ordinarily, I am pleased to stand aside the school corporation on offense so to speak talking about good things happening. Dr. Smith and Michelle met earlier today as we were celebrating partnership with the energy office that benefited the students at green elementary school. Today, we want defense as there is a move in the state house that we think could damage the ability of both the city and school corporation to meet the needs of those we serve. We are one of a number of cities, with the most recent one is Goshen to look at a joint resolution where different units of local government speak with one voice about the consequences of the actions being considered in Indianapolis. A few remarks I would like to observe and turn it over to the President of the School Corporation. Michelle Engles- 215 S St. Joseph St- I appreciate the opportunity to speak in solidarity with you, I urge you to adopt this resolution opposing the legislation that will either eliminate or reduce the personal property tax in Indiana as we are not sure what they will do. As I urge you to adopt this resolution, we have not adopted it yet but we are hoping the school board will adopt it on February 18th. So at that point, I can only tell you about my vote, but I hope that it would become a joint resolution among the school board and the common council. We as elected government bodies are asked to provide a lot to the citizens and you know what you're asked to provide. One of things is plowing the streets, police and fire protection, overseeing vacant and abandoned housing, managing water works, waste, I can go on and on, you know that. The importance cannot be overstated of all these duties and the things the city must do. The school corporation has an important charge, it is responsible for educating all citizens, every citizen it's a huge responsibility and requires significant community investment. It requires significant investment, but I think and hope you all think it is worth it, we need an educated citizenry. With this city we cannot afford to lose the $8 million that is projected to be lost if this legislation passes. Likewise, the school corporation cannot afford to lose the projected $3.4 million that it is set to lose if this legislation passes. These are projected numbers but they are big numbers, I don't want to say that we are bare bones operation but we can't afford to be constantly cutting year after year. I was excited to be approached with this idea of a joint resolution, we have a chance to stand in solidarity at this time and speak to the State in a much bigger voice. We have passed resolutions occasionally opposing things in the state and we recently did, but when two elected bodies come together we speak with a much stronger voice and that helps better represent the citizens that we were elected to serve. Mayor Buttigieg- President to clarify, this is not a regional north vs. south, Indianapolis vs outskirts, or republican vs democratic. I was recently a part of group of mayors, the republican mayor of Indianapolis, democratic mayor of Kokomo, republican mayor of Evansville, democratic mayor of Fort Wayne, myself, and republican mayor of Carmel are all sitting down with the governor to urge him to the lead way away from legislation that does not provide a replacement revenue in the event that this is phased out for businesses. There is a valid concern that having the business personal property tax on the books in Indiana can make less attractive for investment, the message that we have to the state house senate and the governor that we will be worse off if we try to pursue that tax relief in a way that undermines education and infrastructure in which we compete. Indiana is already in the top 10 from tax climates, but we've seen recently we lose out on business opportunities that choose to go to a higher tax environment presumably because the overall package in the terms of the infrastructure, education, work force and other resources available to them make it worth paying that price. The Governor was very reassuring in our discussion with him but then we got mixed singles from the state. Tomorrow I will be meeting the Republican Mayor of Indianapolis it would be helpful to say that the city of South Bend weighed in. and bigger opportunity for a school board to speak on this for us to say that the city and the schools have weighed -in, not to say that we believe that you should never adjust your trust, the personal property tax but rather to say we prefer the means of flexibility that we already have, tax evasion process that is in the hands in our elected officials in the council. Secondly if it is going to be phased out that there be an adequate replacement replicable, they gave a Michigan example which many of the components of this reform have been sited, 4 years were spent devising a proper revenue replacement and the reason for that revenue replacement and the reason for that revenue replacement guarantee by the state. I 32 REGULAR MEETING FEBRUARY 10, 2014 don't think it's our intention to be inflexible about the structure of taxation but It is our intent to establish that we are down to muscle and bone and there is no way you can cut $8 million out of the budget of the city of South Bend especially when you are talking about property tax dollars that goes mostly to the general fund without talking about serious reductions in the availability in police, fire, roads, parks in order to meet a very crushing restriction on our revenue. Councilman Scott: Noted a conversation a week ago that they would be taking a $200,000 hit right away but also know what it would do to our community if it were completely taken away, they still are encouraging that we are pushing for this but are also looking for alternatives Councilman Davis: Heard a mention about defense and offense, I played ball all my life and the best defense you have is a great offense, so what are we doing in transition? I was part of a team a couple years ago, we had Senate Bill 4-43, which is the personal property business taxes adopted for the initial park area which allowed the growth of reality and creating over 32 jobs. What I'm getting at is about the replacement of new housing, which will allow us to grow, extending city services, bringing new revenue toward our enterprise zones as well, so what I'm getting at is the making a difference, talking about a transition, clearly as Indiana is working towards a more business friendly environment as much as possible to recruit these business in on the back end of it as we support it, what are we doing the interim to capture some of the businesses that are trying to recruit in Indiana for South Bend it goes back to housing and property taxes but also tax break, what are we doing in transition to make those things helpful for us to grow if those things happen . Are we talking about cross training with police and fire department as they do in Michigan, I'm not for it but I want to stress that there's need to a plan not just an A but a C and D, and stress introducing new housing to this area, thank you again and I support this. Councilmember Dr. Ferlic- I conquer with 100% with what you said. I do think we have to look further in to this and that as in phasing it out and have to look to our competitors to the east and west on Ohio and Illinois do not have a personal business personal property tax. The biggest hindrance on getting job in this state is having an uneducated work force, and I think that's where Michelle comes so I agree with you at this point. I conquer with your resolution. Councilmember Dr. Varner- If we put politics aside and look at the situation in the city of South Bend, it's the councilor's responsibility and the mayor's administration. I take that seriously and I support this resolution as I recognize a couple things 1. The city is up against the tax caps, in other words because no new net growth in the city we have raised the maximum amount of revenue that we can with the amount of growth, we have however administered dis- district over a large portion of the community and I'm afraid that dis - districts have been known to remove significant amounts of revenue from their revenue stream, so if we ask the state we have to take an honest look at our dis - districts and corporate limits of South Bend when you have 40% of our geographic area and 75% of our new growth within the last 20 years within dis- district. We sort of created some of the problems for ourselves it appears to be successful in some areas but other areas it has left us very underfunded. I do believe in the fiscal responsibility primarily as believe that we have no place else left to go with for those revenues. I believe we can start at home doing some things which would maybe not leave us in this situation in future, and if you are referencing the state of Illinois they usually keep the large corporations by bribing them with huge tax packages. Council President Oliver- I'm glad to see the school corporations staying in the city, I think it is important as it impacts the citizens and the students. A Public Hearing was now held at this time. Those wishing to speak in favor were none. Those wishing to speak in opposition: Jesse Davis- P.O. Box 10205, South Bend, IN: First off making comments like other counties in Indiana are not having to deal with tax, numerous times you implemented a safety tax, implemented a lower tax, you doubled the lower tax, we've been slapped with a realtor tax that was supposed to be temporary, now you want to bask business with personal tax, only business that gets hit hard is the small business, big businesses are able to do that all the time, 1. If you 33 REGULAR MEETING FEBRUARY 10, 2014 are concerned with the taxes get rid of the abatements, the state had a bright idea to allow communities to create dis- districts, most of that tip money is allowed to be spent before coming before the council, you have a school district that have a budget every year, where does all that money go. For instance Commissioner Walker just came and asked the people for $28 million for maintenance on buildings, you have maintenance money that goes in to funds every year but none of the maintenance was done. So now you have a big problems and you come back for the people again. We've been hit hard enough, Mayor says we're down to muscle and bone, that's a joke, take a closer look at some of these expenditures that go in this city, there are still millions of dollars they can cut, they just need to tighten up their belts like they expect us to do as a citizen and as a small business. Rebuttal: No rebuttal was given. Councilmember Valerie Schey made a motion to move for the favorable adoption of this resolution. Councilmember Dr. Varner seconded the motion which carried and the resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 04 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2 SECTION 17- 27.1 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE WASTE DISCHARGE RATE FROM $0.06 TO $0.151 PER GALLON This bill had first reading Councilmember Schey made the motion to refer this to the Utilities Committee for February 24'. The motion was seconded by Councilmember Gavin. The motion carried by a voice vote of eight (8) ayes. BILL NO. 05 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND FURTHER APPROPRIATING $972,500.00 FROM COIT FUND ( #404) TO PARTICIPATE IN A COMPRESSED NATURAL GAS FUELING FACILITY PROJECT AND IT'S OPERATION PURSUANT TO THE INTERLOCAL AGREEMENT This bill had first reading Councilmember Henry Davis made the motion to refer this to the Personal Finance and Property Vacation and Public Works committee for Second and Third Reading on February 24'. The motion was seconded by Councilmember Gavin. The motion carried by a voice vote of eight (8) ayes. BILL NO. 06 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE TEAMSTER EMPLOYEE WAGE ORDINANCE (NO. 10267 -13) TO CORRECT THE ATTACHED SCHEDULE OF POSITIONS AND WAGE RATES This bill had first reading Councilmember Henry Davis made the motion to send bill 06 -14 to the Personnel and Finance Committee for Second and Third Reading for February 24, 2014. The motion was seconded by Councilmember Schey. The motion carried by a roll call vote of eight (8) ayes. BILL NO. 07 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING CERTAIN 34 REGULAR MEETING FEBRUARY 10. 2014 BOUNDARIES FOR SOUTH BEND TO FURNISH WATER AND SEWAGE SERVICE TO THE PUBLIC Council President, Council Attorney can we get clarification for the date again. Council Attorney responded on March 10'. Councilmember Ferlic and Scott discussed allowing more time and agreed to move it to February 24' to allow more time and if needed to March 10th. This bill had fast reading Councilmember Henry Davis made the motion to move 07 -14 go through the Utilities Committee for Second and Third Reading on February 242014. The motion was seconded by Councilmember Scott. The motion carried by a roll call vote of eight (8) ayes. UNFINISHED BUSINESS Councilmember Henry Davis- Quarter projects everything is being as there has been some groups formed to discuss what the quarter looks like, want to make sure the conversation is happening with the ones that need it the most, doesn't think that everyone is participating that should be included or had an invitation to join the project. Councilmember White- Email will be sent to the committee, as of date two updates have been made, there are now appointed members of the committee, will request that all members be present during the council meeting, Urban Enterprise zone committed $115,000 towards the consulting fee, if meets the approval of the council would like to get an update from members at the next council meeting. NEW BUSINESS Councilmember Henry Davis is interested in learning where to find new revenue, and new growth, paying off projects and opportunity to discuss, major corporations using our water and addressing the potential hazards. We can't continue to raise rates for those not getting a benefit, what is our contingency plan and how do we attract new business, if nothing is done we made end up at zero at one point. What is the lifeline of how our new business coming in to this city, the measurement of new growth and where it is happening at? PRIVILEGE OF THE FLOOR Gary King- 749 Phil Street - 1. At the council meeting trash pick -up is not done very well, some trash has not been picked up in the fourth district in 4 to 3 weeks, thanks the plows but ask them to not block the alleys to still get trash removal done 2. Position of South Bend in regards to the taxes, wishes that it didn't get passed that the members of the council remember you were elected to deal with matters that contain to the business and welfare of South Bend the council did not agree unanimously and that you were opposed to the marriage in Indiana but did not have a good debate on either side. I know that society is going hay -wire but let's not change the definition of marriage when that is not city business. ADJOURNMENT There being no further business to come before the Council, President Oliver Davis adjourned the meeting at 8:43 p.m. ATTEST: ATTEST: John Voorde, City Clerk Oliver Davis, President 35 REGULAR MEETING FEBRUARY 10, 2014 36