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HomeMy WebLinkAbout07-14-14 Common Council Meeting MinutesREGULAR MEETING JULY 14,201 Disclaimer: Undergoing technology updates experienced some loss of video & audio recording for dictation. 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 14, 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: Tim Scott Henry Davis, Jr. Valerie Schey Dr. Fred Ferlic Dr. David Varner Oliver J. Davis Derek Dieter Gavin Ferlic Karen L. White OTHERS PRESENT: I District 2n District 3' District, Chairperson Committee of the Whole 4 1h District 5 th District 6' District, President At- Large, Vice President At -Large At- Large, Chairperson Committee of the Whole 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 both the June 9 and June 23, 2014, meeting of the Council be accepted and placed on file. Councilmember Mr. Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS BILL NO. 14 -69 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE VOYAGES PROGRAM AND ITS CREATOR AND DIRECTOR RAY TURNER Council President Oliver Davis, Jr. it was a pleasure to be at their closing ceremony last Friday. It is an honor to read this resolution to them, along reading with me will also be Councilmember Henry Davis, Jr. Sister -In- Law - Ray Turner has shown in his lifestyle and his work that he has committed his life to young African- American boys that they can grow up to be African - American men. Wife- I would like to publicly applaud my husband for his love of the children and dedication to their development towards successful young men. Jane Walker- It is my pleasure to see his program develop and grow throughout the years. Ray Turner is a committed, dedicated member to this community. I applaud his efforts and I thank my sister, his wife in supporting him and being by his side. I look forward to the growth in the fixture. REGULAR MEETING JULY 14,201 Ray Turner- I accept this honor. I am excited about the potential of the young men we invest in. We want to see them develop, discover what they're skill level is, we are excited about the fixture. And what we will see here and across this nation because of the contributions they will make to this community. Councihmember Scott- I would like to say thank you for your service and commitment to South Bend, we are surely in support of you. Councilmember Schey- I echo Councilmember Scott's sentiments. Thank you for your passion and investment in our youth. Councilmember Dr. Ferlic- Thank you and I hope you multiple by thousands. Councilmember Dr. Varner- your efforts have been evident over years to stick with the program and nurture and grow it. I want to thank you for your time and your effort and interest in the community. As we see that all as part of our future. Councilmember Dieter- I had the opportunity working on the street seeing the direct result of your hard work and the young men that you've touched in the community. When I talked to some of the young men where they learn and they say from Mr. Turner, your recognition is well deserved keep up the good work. Thank you very much. Councilmember Mr. Ferlic- Thank you Mr. Turner for your service, we appreciate you. Councilmember Schey- Thank you for your commitment, long -term commitment and working with our youth. You have never turned anyone down. I really appreciate the manner you go about your work. Councilmember President Oliver Davis- Again, it is a pleasure to honor, I see you as a mentor, as a leader in the community, as a friend and your family who that has come to support. Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried forward by a voice vote of nine (9) ayes. REPRESENTING THE CITY ADMINISTRATION WILL BE KATHRYN ROOS — CHIEF OF STAFF. LETTER TO THE COMMUNITY ON COMMON COUNCIL HIGHLIGHTS Council President Oliver Davis requested, City Clerk John Voorde to read the letter that I sent to all as a highlight on how busy your, South Bend Common Council has been this year. I am happy to serve with all nine (9) of our members, and I have been amazed how much they dedicated their time to go out in to their districts and community. Councilmember Henry Davis, President Davis, Huffington Post covered Valerie Schey's animal controls ordinance and has been national attention and national exposure and also has been looked at by other states and cities as a way of doing their own business. Council President Davis, let us congratulate her for it. REPORTS OF CITY OFFICES - DEPUTY MAYOR MARK NEAL Deputy Mayor Mark Neal updated the Council on the storm clean up in the city, vacant and abandoning housing, parks job corps program and economic development activity of the first six (6) months. Deputy Mayor provided them with a handout on data point. We still have a lot of work to do and look forward to continue to work with community. In response to Councilmember Henry Davis, we have been tracking the numbers closely with some of the tools we've been using, we've had 1,287 jobs announced. Per $1 of public investment we see $7 in return of investment. Those jobs will be a reduction of unemployment of 38 %. We appreciate the investments that have come before the city and look forward to seeing more of them. REGULAR MEETING JULY 14,201 Councilmember Schey the acronym PPTA and RPTA what do those stand for? Deputy Mayor responded personal property tax abatement and real property tax abatement. Councilmember Henry Davis, Jr.- I'm not trying to be that guy, and not to be a cloud over our accomplishments, when we begin to define economic accomplishment, we have unemployment over 10 %, homeless as a major issue, free and reduced lunch program at 74% rate, and 1 out of every 2 children in the minority population are being born in to poverty, with those things that I outlined there how do we bring those numbers down by making an impact on those that need it most? Instead of hoping that something could happen. Deputy Mayor- I do want to be clear we do need to make sure that we keep track of what we are doing and what has been promised. I think with additional tools, I hope to ford that we have a comprehensive report in terms of expectations and investment in the city. In terms of the many facets of poverty in South Bend, I agree with you that we need to do better, that we can do better, but at the same time we have made real progress. I think that effort has brought the unemployment rate down, it has come down although it is still too high. We have started programs like job corps that has helped with training and fording jobs. We can't fund them all but we do need to partner with other companies that have the same goals. We can do better, we must do better. Councilmember Henry Davis, what I want to see is the dollars that we see and invest towards getting us out of poverty, I am really looking forward to this budget session. What is the response to a natural disaster here in South Bend, can we handle it if it happens? Deputy Mayor - we do have an emergency response plan, whenever we have damage that takes place is public safety, given the damages that take. There's no question that clean up always takes time. We will look how we did it this time, and see how we can make it better. We want to make sure we have the resources to do it and how fast we can do it for our city residents. Councilmember Henry Davis, I'm just concerned about the shutdown of civil services to take care of another city service that is my concern. Council President Oliver Davis, I would like to share a list of jobs that are hiring, so we can start sharing the news and move forward. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:34 p.m. Councilmember Schey made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember Schey, 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 Schey stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. 111.10[a IIII_\:9Ibg[f1.9 (BILL 31 -14 COUNCIL PORTION ONLY) BILL NO.31 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS IN ARTICLE 10 OF CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKEFREE AIR REGULATIONS Councilmember Scott made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter, Chairperson, reported that the Health and Public Safety Committee met this afternoon after discussing the pros and cons we send this bill to the full Council with no recommendation. REGULAR MEETING JULY 14,201 Council Attorney Kathy pointed out that this portion will be for the Councilmembers only public hearing will be heard the third reading. This in the council portion only so deliberation will be in the third reading, for the record that was on May 12, 2014, where the public spoke. Councihnember Gavin Ferlic for the second substitute bill we took out the exemption for retail stores to level the playing field across all business, to make all a smoke free environment and included an implementation date of June 1, 2015 to allow businesses more time during the transition and a series workshops to assist organization through the transition so there is rationale behind the two amendments. Council Attorney this is for deliberation proper motions and comments for the Councilmembers. Councilman Scott- As a co- sponsor everyone knows where I stand, I know there is concern with businesses, like we've done in the past we've gone through deliberations and ways to help out businesses like we've done in the past. Councilmember Henry Davis- asked to defer Councilmember Dr. Ferlic- Last year, I had 10 positions in the health field talk about primary and secondary smoke, despite a combined experience of over 200 years we were unable to convince council to pass this particular ordinance, so I asked them not to come this year. The medical costs are astronomical, these billions dollars are better spent on youth education, the Turner programs, geriatrics. I treated thousands of patients with diagnosis associated with smoking, it very sad to see someone in the last moments of their life gasping for air. I think the proposal is logical and fair, especially with a 1 year transition period. There are also areas for awnings where they can step out and smoke. I know this is not easy but life is not easy. Councilmember Oliver Davis- I appreciate everyone that has shared over the last few weeks, not only do I have to look at the bars that are in my district but I have to look at value systems, health of all. Like I said, I do not smoke nor do I drink, nor do I believe that we need to go through the town and prevent people from drinking that too is a killer. I'm a vegetarian, there a difference of viewpoints on life, do we prevent you from your personal choices, but many of them we don't prevent you. Dr. Varner let out a recommendation stronger than the state. We are a twin city, I would like to see this in the whole county or not at all, we took this on two years ago, it should have started then. I advocate for fairness and the right for people to choose, I will not be for this. Councilmember Dr. Varner- As a healthcare practitioner for the last 37 years, if you ask me if smoking is good for you the answer is no. I don't smoke nor do I encourage anyone in my family to smoke, do I believe it is bad for you I say yes, if you ask me to legislate in to the death of everyone's life, everything that is bad for them, I think that is inappropriate. I want to thank Mr. Grove for the dilemma we face, can we and should be legislate every last detail of a person's life to the last detail. I appreciate the passion and efforts of everyone put in to it. Educate the young people, offer alternatives, but don't come to the legislation to ask for personal details, like the choice of smoke is. If there is second -hand smoke in the homes do we begin to take children out of their homes? Bars are labeled clearly now, you make the choice whether you go or don't go. I did not support this before and most likely will not be supporting now. Councilmember Dieter- I would like to thank Gavin Ferlic and Tim they put a lot of work in to it worrying about people's health is an advantageous thing to do, the bottom line when the smoke clears, this comes to two issues of the health of other people, and two the decision business owners make to run their own business. I am a product unfortunately of second -hand smoke, I woke up to that, when I got on the Police Department there was smoke everywhere full of smoke, I'm not debating second -hand smoke, but I can tell you I'm healthy. But I also can tell you that my grandmother and my father both died from smoking, for people who want to do that it's their choice of the bar owners and individuals if they want to do that. That's great for the different cities, I'm concerned of the businesses hear that have been in business for several years. Every employee who smoke or doesn't smoke stated they even if they didn't smoke they liked working at the bar, they liked the atmosphere, they liked the people. I appreciate all the 4 REGULAR MEETING JULY 14,201 positions, I don't do it, my kids don't do it, but it's our choice. For that reason, I will not support this. Councilmember White- I would like to thank the sponsors the council and the citizens in the manner you come before the council, this is a very tough issue. I do have brother and sister that smoke, I've done my research in and out. Clearly moving forward I appreciate the debate at this point I will be supporting this ordinance, unfortunate regardless of supporting it or not we have to respect all of our citizens, it's not a win/win. We have to be about the business, it's unfortunate that we will not have the presenters. Councilmember Henry Davis- I like to thank all those who participated on this it's great when we have people participate in local government. I'm ready to take the vote. Councilmember Schey- On this issue, we listen to those who have the greatest impact and that would be the business owners, it would put South Bend business owners at a disadvantage. Right now citizens, have the choice, while we are attract new businesses here in South Bend we have to protect the ones we already have, at the request of the South Bend by- owners I will not be supporting this bill. Councilmember Gavin - Thank you for all the supporters who came out tonight, I'm still hopeful for a favorable vote. I thank everyone for the respectful debate, I just implore the council to not be influenced by the fear of the unknown, and it's not the unknown we have tons of research on this, we can really do something positive. If anything there is a positive impact for business and employees. I really think South Bend can take the lead. This is a worker issue we have employees who are exposed to smoke for long periods of time, it is preventing us from passing an ordinance that can save someone's life. Councilmember Dieter, I move for unfavorable recommendation. Councilmember Henry Davis seconded the motion which carried by a voice vote of five (5) ayes and four (4) nays by Councilmembers Dr. Ferlic, Mr. Ferlic, White and Scott. BILL NO. 32 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 140 NILES AVE., COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Scott, Chairperson, Zoning & Annexation Committee, committee met this afternoon and send bill 32 -14 to the full Council with no recommendation. Council Attorney Kathy requested a motion to accept the substitute version of bill 32 -14. Sole moved by Councilmember Dieter. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Presenter: Christa Hill- Offices on the 11 floor- the proposed zoning is located between NE corner of Jefferson and Niles Rd. the proposal is change the zoning from CBD to PUD. Across the street is a restaurant, a tavern, and park. They are proposing 96 foot tall mixed use building the footprint would not exceed 9, 951 sq. ft. the number of residential units has been reduced to 42 and non -units would not go over 34,000 sq. ft. The department of Community Investment made a statement that they will support height variances up to 8 stories or up to 96 foot, however the facility must other an amenity. Prior to the public hearing we received three letter of opposition, four people spoke in favor four people spoke against. It comes to you with an unfavorable recommendation from the Area Plains Commission. Councilmember Dieter who were the people who spoke in favor? Ms. Hill responded John Moriston, resident, Tim Cain Dept. of Community Investments, and Don Diets & David Eastman from Howard Park. Councilmember Henry Davis is the biggest issue the parking issue, so that was put in place to address those concerns? Ms. Hill responded that, was correct. REGULAR MEETING JULY 14,201 Councilmember Dieter, since those conditions were put in did Area Plain have an opportunity to revisit the vote. Ms. Hill responded, Area plan staff was favorable, the Area Plain commission doesn't give into the bite to the apple, and were unfavorable and so correct they have not had the opportunity to revisit their decisions since the adjustments have been made. Presenter- Mike Dan 1643 Commerce Dr. - as Christa has mentioned we are looking for the change of the district the PDU handles the height of the building the first floor of the building contains the retail of the building, there is an elevator staff stored on the roof that gets you to the 96 foot height, the other issues would that it would be a max of 72 residence, it's only going to be about 36 units for residential. The first two floors will be residential and office space, they will also be doing some architectural features, under the standard of getting a PDU approved, we have provided a written commitment for additional parking, lots to the north have 32 -37 spaces, as additional parking, and should take care of the parking concern, we have spent additional dollars for on street parking in addition to parking, there was a letter in favor of the project from the county prosecutor. The process through PDU have worked with them that they have ease to access from the alley, and would be done as the final site plan. We ask for your approval, everything we have done what they've asked us to do. Projected cost of $8 million, we hope you would like to send this investment in South Bend. Councilmember White- the request I received that there be 1.5 spaces per unit Petitioner responded we have property to the north to provide 32 and 37, the optimum is 36 units, we could have more if we did just studio units. Councilmember White the local businesses ask that those spots in the street are not for residences but used for the business owners, Council President Davis- if this project turns out really well, do you have the ability to add more parking, Petitioner- it would be to the street parking, the garages and public parking area. Council President- I think we are looking for dedicated signs for spaces, if there is more designating spaces we would have a more favorable review. All we ask if you own that property is to dedicate some signs to those spaces. Petitioner- I see what you are saying we can do that. Councilmember Dieter- My biggest concern is the noise behind the buildings the parking available after 5pm, their employees, and their customers, to me that is an issues, it is too bad they didn't get the updated version, so I have an issue with that. Petitioner - there are a lot of spaces on Washington St. as of right now. Council Attorney- you did propose an Exhibit A I would recommend in Section 1 that we add the language right after planned unit development district substituted to the execution of Exhibit A as amended on file at the City Clerk office. There are two areas on page 2 that need to be amended to include substitute bill 32 -14, and offer commitment language with regard to appropriate signage regarding parking, and I think that would address all the concerns and will go back to Area Plain Commission staff. Council Attorney Kathy Section 1 to add the following language subject to execution of Exhibit A as amended addressing the written commitments which are on file at the office of the City Sole moved by Councilmember Dieter, Councilmember Henry Davis seconded the motion which carried forward by a voice vote of nine (9) ayes. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor: Christopher Huff- 1831 College St- I will say I have no vested interest in this project. When there is less public concern of the public demolition to up to a 1,000 house, and decreasing the population by 3,000 people where 50% of the land is surface parking where it is under - utilized and most in bad condition. This is middle density that is dramatically needed, if we want to be a city of the 21" century, those cities that do well actually have parking problems and create their own synergy. David Jeffry- 833 S Bend Ave- I'm a big fan of the neighborhood, I'm really impressed with his plan that captures the culture. I would encourage relaxing your expectations for parking. Most 0 REGULAR MEETING JULY 14,201 young people want to sell their car leave downtown and use public transportation, many people are using bikes. Ellie Etch- I own a local business in East Bank and the Farmers Market we've been in business for about 11 years, which is supported by the neighborhood. You need a neighborhood to support your retail. When people work during the day it opens parking for retail. I think it will be good for local business. Kathy Deitz- 231 E Jefferson- former business owner, I will speak to parking, and the biggest question that we run into is parking. In an urban community people figure it out. If they want to get to these place they're going to figure it out. We always have young professionals that work downtown and like to live downtown. Just think about the parking people will adapt. Mya Ferrell- I would like to think of what Gavin said there is a lot of unknowns in many projects, I don't know anyone else having to walk miles. I agree having more people down there will help with local businesses and time to interact with others. Mary Benji- 318 S Prancer St- I am the President of the Howard Park Neighborhood Association, primarily improving the re- zoning I would like to focus on the availability of rental property. This will close a gap in the market. The neighborhood could be a boost. Since the housing crashed not all renters, rent out of necessity renters do not equal transience. This neighborhood promotes growth and vibrancy. Allow this momentum to continue for a better South Bend. John Frank- W. 16t' South Taylor St- I'm a business owner downtown, I support this for three reasons for growth, new jobs, and the beautification of our city. With parking I've been in business for twenty years and have never had a problem. Mike Bonnix- Business Owner in the East Race area, 4315 Parcel Dr. - I'm in favor $8 million is a lot to put in a piece of land. If you look at his previous work, his projects bring quality, and looks good. I'm in favor. Jennifer Nadocis- 1021 S College St. - It is interesting that we are having issues about parking, when I live in the ghetto and no -one worries about my parking. I am also a manager of an East Race business, the way he runs his business I don't see anything that he does that isn't positive. Sharon Teska- 508 S 23' St. - This is good for South Bend business and residents Dr. Kimberly Teska- 1710 Hass Dr.- I also work downtown at the LaSalle center, what I see downtown, I see that he builds things that last for years. I think the city of South Bend is lucky to have a young professional that wants to give back. Please consider moving forward Kelly Deitz- 1031 E Jefferson Blvd. - I don't want to leave as a young person, I want to stay in the neighborhood. People my age don't think South Bend is a thriving place, and people want to leave. I don't have a car as I want to take advantage of Public Transportation and walking. David Eastman -318 S. Francis St. - Secretary of the Neighborhood Association- this is a great addition to our neighborhood. We have to become a 21' Century County, from the baby boom perspective we feel the same way. We want to be able to walk around in the neighborhood. There is a deficit in housing around that area. Nora Globalbecker- 227 W Colfax- I am not a lifelong resident, I chose to stay in South Bend after graduation, I remember the driver telling me that I should not live downtown as I might get shot. I think that building a community is not just about the buildings but people around you. I think it will be a great project. John Riper- 330 W Colfax- I'm a sophomore at Notre Dame, this will bring more young people downtown to live and shop REGULAR MEETING JULY 14,201 Willow Wetherall- 1741 Wall St- Although I don't live in the neighborhood, I do a lot of events for downtown in that area. What I see happening that developing the lot will create a nice mixed -use in the area. People are willing to walk if they're able to hit several destinations in one area. John- 910 Harrison Ave. - I recently accepted a position downtown, nothing would make me happier to not have a car note and be able to walk to work. George Friend- 221 E Colfax- which is part of the 6 units in the East Bank Townhomes, one of the first projects downtown. The more people we bring downtown the safer the area, the tax base will be a big plus. I'm a supportive of this project. Kathleen Pedigon -119 S 26' St- My husband and I own a piece of property around the corner from there, what better way to expand the city than to build upward, without having to extend sewer lines, and additional infrastructures. Millennia's are stating that cars are overrated. A project like this will bring in revenue downtown. Don Gates- 1031 E Jefferson- For years we have torn down buildings, for once we have someone willing to invest their own money to help this community grow. I would hate to see this wasteful. Dave Matthews- 215 E Colfax Ave- I love South Bend we need to make South Bend more lively as a resident I appreciate it if you pass this. Those wishing to speak in opposition to this bill: Terry Murphy- Chefmire- 1505 Merryville Way- I'm the secretary of the Howard Park East Bank Association along with the media contact for the association. You need to be aware that there are differences between these two neighborhood association, we have about 128 members, we brought the Jumbo Steel Butterflies to East Bank, we have a tree committee, we are both residents and businesses in our area and around since 2003. We like the combination as it is a win/win situation. We are also known for driving out the Festival as we had a problem with the gangs, we rebranded ourselves to be in partnership with the city. We are self - funded, our neighborhoods has a lot of rentals at 80 %. Ronald Decker- 123 S St. Peters St- I remember sitting on a redevelopment commission 27 years ago and the biggest issue was parking. We built a mall and parking garages, it doesn't work for the city of South Bend. In winter time, these won't work as you can't park at night when they plow. There are stipulations on this land and you need to honor those stipulations that were agreed upon in 2013. Don Chefmire- 300 S St. Louis- I own the building apartment houses, I hope to sell in the future, I would like to congratulate him. But I feel like I'm in fantasy island, $8 million and take $1 million off for retail which will probably be too much, than you have $7 million divide that by 36 units you are almost at $200,000 a unit, can you imagine the rent for that, I can't imagine the Millennia's paying that type of rent. This project will not going to work, I don't know how this will work, I don't know how he will get funding for that. I know you're not banking people, but do the math to see if this is remotely possible. How will this economically work? Rebuttal: I think we answered the questions on parking, there is not a parking issue, the additional parking with signage, have been included. There are two different associations, with one we have approval from. Along with the stipulations talked about in Council we ask you're your approval. Council President Davis- With the contract that was originally signed what is the status on that? Petitioner responded, I think that is coming up later in another bill. This is just for the rezoning, Councilmember Henry Davis- What is a Millennial I'm only 34 and I'm Generation X, how old do you have to be? Petitioner- I happen to be 70 so I don't know. Other Councilmembers responded uppers 80's. Councilmember Henry- I think Dave is investing his own money he has to sink or swim on his own, the question is how these are being abated, I don't think that is a 91 REGULAR MEETING JULY 14,201 question I can ask you probably for Administration. How can we allow for the free market work for everyone and not just friends of the program? I know that you can't answer that question, how do we get to that point? Scott Boyd responded- Our goal is to get the land off our books, of the 2 projects we conducted competitive ROPs, and went through a selection committee, staffed by community investment and Stakeholders. It goes through the reimbursement process on the city's plan that we would like to see. Councilmember Davis- so the conditions or any other land is contingent on the Mayor's vision, or division of your department or collaborative effort? How does that work? Mr. Boyd- the vision is developed by the redevelopment plan in the tiff district which has been approved by Council and Redevelopment Commission. Councilmember Davis asked for Mr. Boyd to go over a detailed explanation of the process to bringing these ideas alive. Councilmember Dieter - Mr. Davis made a valid point, the land was up for re- development for quite some time, I think there was a revision for the abatement, which was Henry's point. I believe there is something in there but we can talk about that later. Councilmember Dr. Ferlic- I think we are looking for something like Notre Dame Ave, and I think we are trying to get other people to move downtown from other areas. Hopefully we can get enough people to move here and move downtown. Dr. Varner- I was at the redevelopment commission when this occurred. I recalled that there would be no abatements asked on the 10 units. That was a parcel, this is a separate parcel, I think that would need some research. I find myself excited, as the city is not putting up all the money. If we do it in a manner that is supportive and not too restrictive, I think we will see more of what Mr. Matthews is asking. Is it perfect probably not but it's not the governments dollar. I would be willing for this to go forward based on the contingency of the abatements. Councilmember Gavin- I just want to say that I appreciate both neighborhood associations. They did not an outstanding job addressing the concerns of both organization. I am is support. Councilmember White- No questions Council Attorney Kathleen Farrand, if it's on the tax abatement that will be held on further in the Council this is restrictive of the zoning only. Councilmember Mr. Ferlic made a motion to send substitute bill 32 -14 as amended for favorable recommendation to full Council concerning this amended bill. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Dieter made a motion to rise and report to full Council. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: John Voorde, City Clerk ATTEST: Valerie Schey, 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 9:25 p.m. Council President Oliver Davis, presided with nine (9) members present. rnfflfft�r:atiUIRWA1110res REGULAR MEETING JULY 14,201 BILL NO.31 -14 PUBLIC DARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS IN ARTICLE 10 OF CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKEFREE AIR REGULATIONS This bill had third reading. Council Attorney requested a motion to amend as it was in the Committee of the Whole. So moved by Councilmember Scott. Councilmember Dr. Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dieter made a motion to defeat amended bill 31 -14. Councilmember Schey seconded the motion which carried by a roll call vote of five (5) ayes and four (4) nays by Councilmembers Dr. Ferlic, Mr. Ferlic, White and Scott. BILL NO. 32 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 140 NILES AVE., COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Attorney requested a motion to amend as it was in the Committee of the Whole. So moved by Councilmember Scott. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Dr. Varner made a motion to pass bill 32 -14. Councilmember White seconded the motion which carried a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 14 -63 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 1119 LINCOLNWAY WEST, SOUTH BEND, INDIANA 10 REGULAR MEETING RESOLUTIONNO. 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 1904 North Kenmore Street JULY 14,201 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR J.J. White, Incorporated 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 1904 North Kenmore Street, South Bend, Indiana, and which is more particularly described as follows: 300'N & S X 360'E & W Bcg Appx 69'N of Sw Cor Se and which has Key Number 71- 03 -33- 200 - 016.000 -009, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et se q., and South Bend Municipal Code Sections 2 -76 et ssN., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1 -12.1, et sue., and South Bend Municipal Code Sections 2 -76, et se q., mid has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law: and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et sue., for tax abatement. 11 REGULAR MEETING JULY 14,201 Mike Danch- We are going to table this ordinance for two weeks. I received an email from Community Investment since I met with Council they requested we meet with them again first prior to coming before Council. Council Attorney Kathy Farrand we need a motion to send bill 14 -63 refer back to Zoning and Annexation Committee on July 28, 2014. So moved by Councilmember Henry Davis. Councilmember Dieter seconded that motion which carried by a voice vote of nine (9) ayes. BILL NO. 14 -64 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 4445 S. LINDEN ROAD 12 REGULAR MEETING RESOLUTION NO, 1 31 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 4445 S. LINDEN ROAD JULY 14,201 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 L 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: 4445 S. LINDEN ROAD in order to permit A DAY CARE CENTER IN A "SF1" DISTRICT SECTION H. Following a presentation by the Petitioner, and after proper public: hearing, the Common Council hereby approves the petition ofthe Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 13 REGULAR MEETING JULY 14,201 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 effectffoland a r its adoption by the Common Council and approval by the Mayor. /�� Filed in tie n Eoia - xtitNtEn NOT MPCCJlW CI 14YCLE , I M, IN L/ 14 REGULAR MEETING JULY 14,201 Councilmember Scott, Chairperson, Zoning and Annexation Committee met this afternoon and send bill 14 -64 to the full Council favorably. Mark Meyer- 125 S Lafayette Blvd- Special exception request to expand an existing business, we ask for a favorable recommendation. Presenter- Dan- 26030 N Ridge Drive- it is currently a daycare the facility for a special exception is for an existing building already Council Attorney- can you restate the current occupancy that you currently have. Presenter we have a current license for 82 corridors looking to raise our occupancy to 120 and would allow us to hire by 11 %. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for passage to fall Council concerning this bill. Councilmember Henry Davis, Jr. seconded the motion which carried by a roll call count of nine (9) ayes. BILL NO. 14 -65 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1904 NORTH KENMORE STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR J.J. WHITE, INCORPORATED 15 REGULAR MEETING RESOLUTION NO. l 3 7 3 —I JULY 14,201 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1904 North Kenmore Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR J.J. White, Incorporated 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 1904 North Kenmore Street, South Bend, Indiana, and which is more particularly described as follows: 300'N & S X 360' E & W Beg Appx 69'N of SW Cor Se and which has Key Number 71- 03 -33- 200 - 016.000 -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 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 IL The Common Council hereby determines that the annual amount for which 16 REGULAR MEETING JULY 14,201 similar buildings in the county were leased or rented or offered for lease or rent during the period the eligible vacant building was unoccupied is approximately in the amount of S79,798.64. SECTION III The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of two (2) 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 se q. SECTION IV. This Resolution shall be in full force and effect fr d after / adoption by the Common Council and approved by the Mayor. Filed l tESnano —(ti cy JUL R� �U14 }7CY RPDROVFa JOHN - VOCE :W' ' CITY CLEN:(, SM" atINO, IN 17 REGULAR MEETING JULY 14,201 Presenter: Larry Pierson- V.P. of J.J. White Construction — We are seeking tax abatement 1904 N Kenmore St as an economic revitalization area. Total taxes to be abated during 2 year period $25, 527, total taxes to be paid $14,636. This being the time heretofore set for 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 Scott made a motion for adoption to full Council concerning this bill. Councilmember Dieter. Seconded the motion which carried by a roll call count of nine (9) ayes. BILL NO. 14 -66 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 140 NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR RIVER RACE TOWNHOMES, LLC IN REGULAR MEETING RESOLUTION NO. 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 140 Niles Avenue JULY 14,201 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR RIVER RACE TOWNHOMES, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 122 South Niles Avenue which is more particularly described as: N V. Lot 159 Cottrells 1" Lot 161 Cottrells 1" Lot 163 Cottrells I Lot 162 Cottrells I" 45 Ft E End Lot 158 Cottrells l 45 Ft W End 90 Ft E End Lot 158 Cottrells 1" and which has Key Numbers 018 -5010 -0286, 018 - 5010.0287, 018 -5010 -0292, 018 -5010 -0293, 018 -5010 -0291, and 018 - 5010 -0288 be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 at seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6-1.1 -12.1, at seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. 19 REGULAR MEETING JULY 14,201 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION I1. 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 ran reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the Stale Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. 20 REGULAR MEETING JULY 14,201 SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property not deduction for a period of nine (9) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect firm and after its adoption by the Common Council and approval by the Mayor. Filed io T Iffice 141114 PlttstrrrEO - �_ly -1 `I as 17"A. � - ( VKpW CITY CLERIC, SOUTH BEND, IN sU am i — i`1-o 43 21 REGULAR MEETING JULY 14,201 Council Attorney Kathy Farrand, there is a typo is the substitute bill I recommend that you strike the words a resolution confirming the adoption so it begins, a declaratory resolution designating of the substitute bill. Sole moved Councilmember White, Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White before we proceed you'll address the validity about this abatement? Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 14 -66 to the full Council favorably. Presenter: Larry Pierson- 14' floor of this building — This is a 9 year tax abatement projected investment to be $7.1 million, total taxes to be abated $795,000, total taxes to be paid $1.1 million. I have researched that Mr. Dieter inquired about whether it is eligible for a tax abatement, in the deed there is nothing opposed to that. I went back through the minutes, in the minutes it spoke to the property about where the current homes are built but did not what we are looking to move forward on that. Councilmember White, Council Attorney Kathy is this something you can confirm Council Attorney Kathy Farrand- no I don't have access to those documents, and because this is at declaratory status so if there is information that is contrary to what you state we can bring that up later. Council President Davis, so this will come through one more time before it is correct? Therefore if we process tonight, then if we find out otherwise we can change that in our disclosure and be on target. Councilmember Dr. Varner, I think there needs to be a memorandum of understanding and we need to include that. That is what will make it clearer. Councilmember Henry Davis, who is the person that comes up with tax abatement years, how is it that we come up 9 years for certain properties, we talked about this before why is this not policy, it sounds like you want certain areas of the city to grow and not others, I have a strong issue with this? Scott Ford- Executive Director of Community Investment Offices on the 14' floor- I appreciate your comments on the discussion that we had, in terms of the points system, the point system is there to incentify; it's not a reward. Obviously the city needs taxes to operate, there are certain practices that we incentify, I welcome the opportunity to have a longer dialogue. Councilmember Davis- I get it, but there are business owners that don't have the same opportunity as other places in the city, if it is offered in one area it should be offered in another area. Scott Varner- early on tax abatement did have the appearance of being rewarded for special projects for special programs, it is based on a model, you can file a tax abatement, the pages has been shortened to 4 pages, it is available to anyone, there is more interest in certain areas than others. Anyone looking to expand their building can get a tax abatement, it is not restricted, if you fill out the paperwork and you qualify you should get it. Councilmember Henry Davis, so than why recently why are you giving out 9 year tax abatements, if you can do 9 over here than you should be able to 9, it doesn't state that you can get 9 years as part of policy it needs to be the same throughout. Petitioner you are not geographically limited for the length of the tax abatements. Council President what district was that in? Petitioner on Michigan Ave. Healthcare Facility, Council President well that is in the sixth district. Presenter: Dave Matthews- 215 E Colfax Ave- On a site we purchased 2 years ago, with restrictions those contain the townhomes on the site plan, that we weren't allowed to have tax abatements on those, there weren't restrictions on what else could be built on the site. At the time, this would be the second project on the east side of the river at the time it wasn't viable, but now it is viable. 22 REGULAR MEETING JULY 14,201 This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dr. Varner made a motion for adopt substitute bill 14 -66 as amended. Councilmember Mr. Ferlic seconded the motion which carried by a roll call count of nine (9) ayes. BILL NO. 14 -67 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 LOT 7 IGNITION PARK MAJOR SUBDIVISION AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR CATALYST, LLC 23 REGULAR MEETING RESOLUTION NO. ' O'W( 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 JULY 14,201 Lot 7Ignition Park Major Subdivision AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR CATALYST, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at Lot 7 Ignition Park Major Subdivision which is more particularly described as: A PART OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF THE INTERSECTION OF THE WEST LINE OF FRANKLIN STREET WITH THE NORTH LINE OF STULL STREEI;'IHENCE ALONG SAID NORTH LINE FOR THE NEXT FIVE (5) COURSES, SOUTH 89 "- 21'-45" WEST A DISTANCE OF 448.14 FEET AND SOUTH 79` -04' -37" WEST A DISTANCE OF 143.69 FEET AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 329.00 FEET AND HAVING AN ARC DISTANCE OF 7.08 FEET, TO THE END OF A CHORD BEARING SOUTH 19 °31'-39" EAST, AND HAVING A DISTANCE OF 7.08 FEET AND SOUTH 79'- 04' -37" WEST A DISTANCE OF 199.83 FEET AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 833.00 FEET AND RAVING AN ARC DISTANCE OF 56.34 FEET, TO THE END OF A CHORD BEARING SOUTH 77' -08' -22" WEST, AND HAVING A DISTANCE OF 56.33 TO A POINT OF INTERSECTION WITH THE EAST LIN E OF IGNITION DRIV E SOUTH; THENCE ALONG SAID EAST LINE FOR THE NEXT FOUR (4) COURSES, NORTH 63'- 37' -23" WEST A DISTANCE OF 59.76 FEET AND NORTH 19'- 54' -55" WESI A DISTANCE OF 129.95 FEET AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 167.00 FEET AND HAVING AN ARC DISTANCE OF 58.65 FEET, TO THE END OF A CHORD BEARING NORTH 10'- 03'-37' WEST, AND HAVING A DISTANCE OF 5834 FEET AND NORTH 00'- 00' -00" EAST A DISTANCE OF 507.17 FEET; THENCE NORTH 89 40' -25" FAST A DISTANCE OF 935,86 FEET TO THE WEST LINE OF SAID FRANKLIN STREET; THENCE SOUTH 00 55'-14" EAST ALONG SAID WEST LINE A DISTANCE OF 629.46 FEET TO THE POINT OF BEGINNING. CONTAINING 14.10 ACRES MORE OR LESS, AND ALSO TO 13F LATER KNOWN AS LOT 4 7 OF THE PLAT OF "IGNITION PARK MAJOR SUBDIVISION, SECTION TWO" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, AND EASEMENTS OF RECORD. and which has Key Numbers which are not yet platted be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the fmal legal description and to report the final, appropriate Key Number to the 24 REGULAR MEETING JULY 14,201 Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION L The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement SECTION IL 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 25 REGULAR MEETING JULY 14,201 redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-t.1- 12.13. SECTION 1V. 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 seven (7) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force agif of n apd after its adoption by the Common Council and approval by the Maypf} . / l PNESENTED 7 -1 \ 1y NOT AMO.'" 7�DOrsirt�' ��l��ly Filed in CITY CLEAYJU}1k C :" C ,:IU;; fit 26 REGULAR MEETING JULY 14,201 Councilmember Gavin Ferlic, Chairperson, Community Investment Committee sends this forward favorably. Brock Zeeb, Community Investment — Offices on the 14" floor- Designating resolution for development on lot 7 in Ignition Park, proposed two building will be built estimated investment of $12 million, total taxes abated $1.1 million, total taxes to be paid $1.5 million. Councilmember White, is this Catalyst marketing is that the same company? Mr. Brock responded that is not the same company. Presenter - Rich Deal- 100 N Michigan St- I kindly request your approval this is the third resolution to declare lot 7 as an economic revitalization area to qualify for property tax abatement. Ignition has been a significant site and investment in this area, as a brownfield for fixture development. Right now there is a 7 -8 years wait, We propose to invest in phase 1 about $6 million per building, two buildings each containing over 40,000 sq. feet to put spur future growth to a sister park to Notre Dame. We will hopefully with your support see immediate or short -term occupancy to expand our research base or manufacturing base here in town. Bradley Toothaker- 112 W Jefferson Great Lakes Capital- I appreciate your past support, proud to be part of this city and part of these projects, and continuing to name the project the catalyst, our hope and belief is that we will be successful. Right now we have two buildings planned, this step is necessary to the project. Councilmember Henry Davis- this is in the tiff district is it not? (That was confirmed) Several years back this project was encouraged as needing their own incubator site and now this has changed, has it not? Mr. Toothaker responded this is a next stage development, the ability of growth there will be some incubator growth that will be anchored by Notre Dame Research facility. Councilmember Davis, who is going to be the liaison between one and two to make sure those companies land over in Ignition Park. Mr. Toothaker responded there has been open/active engagement with the University that are appointing the action of the next steps to this project. Councilmember Davis what do you think about community benefit agreement, when companies, individuals, what do you think about those things given them around the city. Mr. Toothaker, responded without these, investments would not be able to exist, I would like to give it more thought and have a conversation with you later on that. My position is for the city and longevity of South Bend, as in a tiff district those funds stay in that community. We do need that investment but not just for one side. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor: Mr. Roth- 1831 College St- I don't know anyone here, but I do live in the city, if there is a poster child property for tax abatement this is it. 50 years 6 million square feet went dark, very little has happened it took us 45 years to demolish that when it took Michiaaa 5 years to do that. Paxton- Offices 405 Main Dome Univ. of Notre Dame- I want you to know there are really 6 partners in this, everybody has stepped up financially and are excited for Mr. Toothaker for bringing this forward. Councilmember Dr. Varner made a motion for adoption to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a roll call count of nine (9) ayes. BILL NO. 14-58 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACCEPTING AND CONFIRMING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DETERMINING THAT THE TAX INCREMENT FOR ERSKINE VILLAGE TO BE COLLECTED IN THE YEAR 2015 MAY BE ALLOCATED TO THE RESPECTIVE TAXING UNITS AND OTHER RELATED MATTERS 27 REGULAR MEETING JULY 14,201 m REGULAR MEETING RESOLUTION �( 3 -? ( d — I l JULY 14,201 A RESOLUTION OF TIIE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACCEPTING AND CONFIRMING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DETERMINING THAT THE TAX INCREMENT FOR ERSKINE VILLAGE TO BE COLLECTED IN THE YEAR 2015 MAY BE ALLOCATED TO THE RESPECTIVE TAXING UNITS AND OTHER RELATED MATTERS STATEMENT OF PURPOSE AND INTENT WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend, Indiana, Department of Redevelopment (the "Department') and of the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment District"), exists and operates under the provisions of IC 36 -7 -14, as amended from time to time (the "Act "); and WHEREAS, the Commission has previously adopted resolutions, which have been amended from time to time, declaring the South Side Development Area to be a redevelopment area within the meaning of the Act (the "Area ") and designated territory within such Area as Allocation Area No. 3 (the "Allocation Area's under Section 39 of the Act; and WHEREAS, the Commission, in accordance with the Act, has previously established an allocation fund for the Allocation Area (the "Allocation Fund "); and WHEREAS, Section 39 of the Act requires the Commission to determine the amount, if any, by which the assessed value of the taxable property in the Allocation Area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to make, when due, principal and interest payments on bonds, plus the amount necessary for other purposes described in Section 39; and WHEREAS, if the amount of excess assessed value determined by the Commission is expected to generate more than two hundred percent (200 %) of the amount of allocated tax proceeds necessary to make, when due, principal and interest payments on bonds plus the amount necessary for other purposes described in Section 39, the Commission shall submit to the Common Council its determination of the excess assessed value that the Commission proposes to release to the respective taxing units for confirmation or modification of such finding by the 29 REGULAR MEETING JULY 14,201 Common Council and thereafter to provide notice to the St. Joseph County Auditor, the Common Council, and the fiscal officers for each taxing unit located wholly or partly within the respective Allocation Areas before July 15 of each year written notice of the following: the amount, if any, of excess assessed value that the Common Council has determined may be allocated to the respective taxing units in the manner prescribed in Section 39; and WHEREAS, the Commission, in accordance with the Act, has determined that for tax year payable 2015, all of the assessed value in the Allocation Area is excess assessed value and may be allocated to the respective taxing units in the manner prescribed in Section 39 of the Act because the Commission has found that the amount by which the assessed value of the taxable property in the Allocation Area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to snake, when due, principal and interest payments on bonds, plus the amount necessary for other purposes described in Section 39; and WHEREAS, the Commission, in accordance with the Act, has submitted its determination to the Common Council for confirmation or modification; and WHEREAS, the Common Council finds that the determination made by the Commission is appropriate and should be confirmed. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Confirmation of Commission's Determination. The Common Council confirms the determination made by the Commission that for tax year payable 2015, all of the assessed value in the Allocation Area is excess assessed value and may be allocated to the respective taxing units in the manner prescribed in Section 39 of the Act pursuant to the findings made by the Commission that the amount by which the assessed value of the taxable property in the Allocation Area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to make, when due, principal and interest payments on bonds, plus the amount necessary for other purposes described in Section 39. 30 REGULAR MEETING JULY 14,201 Section 2. Duration of Determination. This determination for 2015 shall not be construed to affect any future determination of the Commission with respect to the capture of assessed value of the taxable property in the Allocation Area in the years following 2015. Section 3. Notice to Officers of the Commission. The City Clerk is hereby authorized and directed to immediately notify or cause to be notified the Officers of the South Bend Redevelopment Commission of the determinations made herein. i by the City Clerk PRESFN1I.e `j--1 - 4 I IV01 AM ON" �orl3tt - 7 —1 Filed in ?nice N Z014 -I., _. __....___i Jokm �-;,i arve L UWTH BEND, IN 31 REGULAR MEETING JULY 14,201 Councilmember Gavin Ferlic, Chairperson, Community Investment Committee sends this forward favorably. Brock Zeeb, Community Investment — Offices on the 14" floor -the resolution is proposal is to release the 2015 increment of funds for 32, the highlight of this action will increase the general fund in 2015 by $700,000 and increase the schools budget by $300,000. This being the time heretofore set for 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 Scott made a motion for adoption to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a roll call count of nine (9) ayes. BILLS - FIRST READING BILL NO. 35 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA, RIVER RACE TOWNHOMES This bill had first reading. Councilmember Henry Davis, Jr made a motion to refer bill 35 -14 to Community Investment Committee for Second and Third Reading for Public Hearing on July 28, 2014. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 36 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL PROTECTION AGENCY (EPA)'S RECOMMENDATIONS This bill had first reading. Councilmember Schey made a motion to refer bill 36 -14 to Utilities Committee for Second and Third Reading for Public Hearing on July 28, 2014. Councilmember Dr. Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 37 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2014 OF $125,000 FROM GENERAL FUND ( #101), $300,229 FROM MOTOR VEHICLE HIGHWAY FUND (#222),$30,000 FROM STUDEBAKER /OLIVER GRANT FUND ( #209), $2,000,000 FROM DEPARTMENT OF COMMUNITY INVESTMENT STATE GRANTS FUND ( #210), $150,000 FROM GIFT, DONATION, BEQUEST FUND (#217),$1,000,000 FROM LOSS RECOVERY FUND (#227),$9,900 FROM MORRIS PAC /PALAIS ROYALE MARKETING FUND (#273),$885,084 FROM EMS CAPITAL FUND( #288), AND $15,000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND ( #299) 32 REGULAR MEETING JULY 14,201 This bill had first reading. Councilmember White made a motion to refer bill 37 -14 to the Personal and Finance Committee for Public Hearing for Second and Third Reading on July 28, 2014. Councilmember Mr. Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 38 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $170,500 FROM SOLID WASTE OPERATIONS FUND (#610),$100,000 FROM SOLID WASTE CAPITAL FUND (#611),$800,000 FROM PARKING GARAGES FUND (#601),($500,000) FROM 2014 SEWER BOND FUND ( #665), AND $286,863 FROM CENTURY CENTER CAPITAL FUND ( #671) This bill had first reading. Councilmember White made a motion to refer bill 38 -14 to the Personal and Finance Committee for Public Hearing for Second and Third Reading on July 28, 2014. Councilmember Dr. Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 39 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 This bill had first reading. Councilmember White made a motion to refer bill 39 -14 to the Personal and Finance Committee for Public Hearing for Second and Third Reading on July 28, 2014. Councilmember Dr. Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 40 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CFTY OF SOUTH BEND, INDIANA, SUSPENDING ENFORCEMENT OF CHAPTER 4, ARTICLE 4, SECTION 4 -21 OF THE SOUTH BEND MUNICIPAL CODE PENDING FURTHER STUDY AND REVIEW This bill had first reading. Councilmember White made a motion to refer bill 40 -14 to the Health and Public Safety Committee for Second and Third Reading for Public Hearing on July 28, 2014. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. There was no unfinished business to come before the Council at this time. NEW BUSINESS Councilmember Henry Davis, Jr. we have gone through a turbulent time and I would like to discuss function versus dysfunctional. I have never known for an elected body to be dysfunctional. Our jobs as elected officials per our fore fathers per our public requires us as elected officials to function as elected by the people that brought them in to office, if that causes some anger, ill will, it is the authority of the elected official and the body itself to participate in the conversation with questions. As an elected body based on the constitution it is only dysfunctional when you don't ask questions. In reference that has occurred over the last few months, it is our duty to ask questions. We should be unapologetic when we ask questions. I guess that what goes on here, I'm not in favor of that. I think a body that remains quiet watches as the city dies. If we don't challenge things we run back to the status quo. I think it is apparent that we need to discuss how we can be more functional. In the past I asked that we expand our travel budget, I think those things are necessary. We need more access to more legal help, it is 33 REGULAR MEETING JULY 14,201 clear that we need more legal help Kathy can't do it by herself, she does a great job but we need a team. I also asked for full -time council folks. This is the job, to make sure the city grows, I just don't understand the frame or thought of mind that we want to grow but we don't find the tools to do so. We need tools to do the right things. What I am doing is advocating for this council to expand its reach to become more progressive in terms of growing, to make sure this city is maintained and taken care of properly. Increase the pay make it worth their time if we want make more people. Lastly, President Davis has taken a lot of hits, I commend you for your actions and your leaderships. This council is the most diverse that we have ever seen, most representative of the body we serve. So far us to receive hits and how we are not doing our job, that's outrageous, I'm appalled that people don't notice the make up this council and how great the diversity is. I applaud it. To you President Kudos, to Vice - President Dieter, thank you as well. PRIVILEGE OF THE FLOOR Jesse Davis- P.O. Box 10205- I'm up here again related to sewer insurance program. I got a phone call from Eddy Street townhomes that the sewer won't open, and the people who handle the insurance say that they are on their own. Every sewer I've done in the past was private property and pay insurance on attached to their water bill. We can't help you because you're on private property is not acceptable. The city is refusing to cover it. The city paid me under the insurance program to dig it up. Somebody needs to relook at this insurance program and find out why it is dysfunctional. Kalmanovich Wheeler- 1240 Van Buren St- I'm standing here tonight as a citizen of the South Bend, In to report an incident that happened with People for United for a Better Government, I let a man by the name of Lonny Garner and helped him as he no place to go. In the hours of 2am4am a 911 call was made with sexual misconduct with my daughter. I went to the body and we were told Henry Davis was our councilman and he was not. Tim Scott is so I'm sending this to you. After this situation that happened to my daughter, there was more than one leader had violent backgrounds, I would like you to look into that organization. Rhonda Richards -1020 Clover St- I want to thank you for the hard work that you do. I truly do not want to run anyone through the ringer, this council needs to be held accountable for what it does. I think you have a hard job and I'm sorry for one that has to bring this up. I'm very disappointed that charges weren't addressed prior to the third or fourth time. I do know that you Oliver Davis need to hold each other accountable. Tom -1737 Brookline Drive- I'm not here to embarrass Mr. Davis at the same token, the posting and tweet that republicans are dimwitted. There are 30,000 people missing do to abortion, this sick humor is offensive and shouldn't be taken lightly. I think we should correct this behavior quickly a civic civil discourse should be held to restore confidence in this public body. Melvin Townsend- Proud Member of PUBD, I introduced Lonny Garner to the man in the church, PUBD is very solid, and most people do have a background. For us to take the blame for her decisions, at this point for not getting involved, the man already incarcerated and we have nothing to do with that Ladies decision. I want to thank you Henry Davis, and I truly believe your first amendment rights should be upheld. This is not a bureaucracy we need to separate that, I agree that lives are important. There needs to be a change, you sit up there and do absolutely nothing. There are things that you needed to address tonight and you did nothing about it. Our church is based upon the bible and the word, PUBD is housed there and anybody that decides to do something outside of that property are truly on their own. Pastor Taylor- 3803 Sand Piper Cove Run- I'm really ashamed how the council operated you attacked Councilman Davis but weren't interested in the source of the problem nor did you read where the nation is headed. We need to be about the business of this city. We have streets need to be paved, jobs that need to be gained. I hear people asking about abatements but not about the jobs or who the jobs are going to be given to. We need to be asking questions about these. If you would have talked to PUBD, we would not recommend for a man you don't know to stay in your home when you have a young children in your home. We need you to take responsibility for what you do. 34 REGULAR MEETING JULY 14,201 ADJOURNMENT There being no further business to come before the Council, President Oliver Davis adjourned the meeting at 10:19 p.m. ATTEST: ATTEST: John Voorde, City Clerk Oliver Davis, President 35