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HomeMy WebLinkAbout07-28-14 Common Council Meeting MinutesREGULAR MEETING JULY 28,201 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 28, 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 • 1► 1 u u1C 1 _. Present: Tim Scott Valerie Schey Dr. Fred Ferlic Dr. David Varner Oliver J. Davis Gavin Ferlic Karen L. White Absent: Henry Davis, Jr. Derek Dieter OTHERS PRESENT: 1 st District 3rd District, Chairperson Committee of the Whole 4th District 5th District 6th District, President At -Large At- Large, Chairperson Committee of the Whole 2nd District (Medical Leave) At- Large, Vice President (Medical Emergency) Kathleen Cekanski - Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy Kareemah Fowler Chief Deputy REPORT FROM THE SUB - COMMITTEE ON MINUTES Councilmember Varner made a motion that the minutes of the July 14, 2014, meeting of the Council be accepted and placed on file. Councilmember Schey seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS Council Attorney Kathy Farrand recommended a motion to move bill 14 -72 be heard as the first resolution under the Resolution portion of tonight's meeting. So moved by Councilmember Gavin Ferlic so moved. Seconded by Councilmember Schey, which carried forward with a voice vote of seven (7) ayes. BILL NO. 14 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PENN TOWNSHIP, DELDORA ANNEXATION AREA ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF KATHRYN ROOS REPORTS OF CITY OFFICES - DEPUTY MAYOR MARK NEAL Deputy Mayor Mark Neal, I would like to remind the public that we began our budget process on the last committee meeting July 14th. Our first formal presentation will be on August l I' on the 2015 budget presenting our priorities. As we look to attract expansions of businesses as well as new businesses. I welcome any questions that you may have. Council President Oliver Davis thanked Deputy Mark Neal for all his hard work and to keep it up REGULAR MEETING JULY 28,201 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:04 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Schey, Chairperson, presiding. Councilmember Schey, requested to remain on her feet and for the gavel from President Oliver Davis. Permission was granted. 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. PUBLIC HEARINGS BILL NO. 33 -14 PUBLIC HEARING ONA BILL OF THE COMMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND INDIANA, AND AMENDING THE ZONING OREDINANCE FOR PROTPERTY LCOATED IN PENN TOWNOSHIP, CONTIGOUS THEREWITH; COUNCILMANIC DISTRICT 5 DELDORA LLC 17716, 17802 & 17830 IRELAND ROAD, MISHAWAKA, IN 46544 Councilmember Schey requested the motion to accept the substitute bill of 33 -14. Councilmember Scott so moved, motion was seconded Councilmember Varner, which carried forward with a voice vote of seven (7) ayes. Councilman Scott the Zoning and Annexation Committee met earlier this afternoon and sends this bill to the full Council with favorable recommendation. Presenters Crystal Hill- Offices on the l lib floor- Gave presentation for petition to change the districts it is currently a remote site, a 20 acre site, broken up to 5 different areas. The commission of area and plain met and sends it to the full council with an unfavorable recommendation as we did not have documentation for items requested at that time. Since then the petitioner has met with the staff and came up with a 7 to 9 page document that would describe the district background of the property in certain area which includes additional landscaping and greenery. Presenter: Brad- Offices at 750 Lincoln way South Bend- we are requesting your approval to annex and rezone the 25 acres. We talk to bordering line neighbors who support the project. He broke down the layout of the site with individual building sites, within the rolling terrain with common access with private drive. We have met with Crystal's staff to work out each site, and we appreciate your consideration. A Public Hearing was held at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dr. Ferlic made a motion to send substitute bill 33 -14 with favorable recommendation and set for Third Reading on August 111h. Councilmember Scott seconded the motion which carried and the resolution was adopted by a voice vote of seven (7) ayes. BILL NO. 37 -17 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AND 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),$2,000,000 FROM DEPARTMENT OF COMMUNITY INVESTMENT STATE GRANTS FUND (#210),$150,000 FROM GIFT, DONATION, REQUEST FUND ( #217), $1,000,000 FROM LOST RECOVERY FUND ( #227), $9,900 FROM MORRIS PAC /PALAIS ROYALE MARKETING FUND 2 REGULAR MEETING JULY 28,201 (#273),$885,084 FROM EMS CAPITAL FUND ( 9288), AND $15,000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND ( 9299) Councilmember Schey the Personnel and Finance Committee met earlier today with a great deal discussion and we send this to the full council with an amendment. Council Attorney Kathleen Farrand to strike the $125,000 from the title and insert $70,000, in the total in that same section to strike $4,515,213 and math is correct $4, 460,213, in Section 1 in General Funds from $125,000 and to insert $70,000. So moved by Councilmember Scott, motion seconded by Councilmember Varner, motion carried with a voice vote of seven (7) ayes. Presenter- John Murphy- we went through this as this is an appropriation of our city funds, and went through with at the committee meeting. Councilmember Schey, just for clarification this isn't addition to the funds? Petitioner this one is but the others ones are just transfers. A Public Hearing was held at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Mr. Ferlic made a motion to send 37 -14 as amended bill to the full Council with a favorable recommendation. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 38 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $170,500 FROM SOLID WASTE OPERATIONS FUND (#610),$100,000 FROM SOLID WASTE CAPTIAL 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) Councilmember Schey the Personnel and Finance Committee met earlier today and send this bill to the full council with a favorable recommendation. Presenter- John Murphy- Offices on the 12' floor- we went through this as this is an appropriation of our city funds, and went through this at the committee meeting extensively, the sewer bond is actual a deduct rather than additional appropriation. A Public Hearing was held at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Ferlic made a motion to send 38 -14 favorably to the full Council. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 39 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 Councilmember Schey the Personnel and Finance Committee met earlier today and we send this bill to the full council with an amendment. Councilmember Schey, just for clarification this isn't addition to the funds? Petitioner this one is but the others ones are just transfers. REGULAR MEETING JULY 28,201 Presenter- John Murphy- Offices on the 12' floor- this is the bill referenced earlier, and it just represents transfers in our accounts as oppose to additional funds. A Public Hearing was held at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion to send bill 39 -14 to the full Council with a favorable recommendation. Councilmember Ferlic seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 36 -14 PUBLIC HEARING 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 MUNCIPAL CODE PURSUANT TO THE ENVIRONMENTAL PROTECTION AGENCY (EPA)'S RECOMMENDATIONS Councilmember Dr. Fred Ferlic the Utilities committee met earlier today and send this bill to the full council with a favorable recommendation. Presenter- Eddy Corvax- offices on the 13" floor of this building. The ordinance is amending chapter 17, article 2, division 3 of the south bend municipal code, the EPA periodically reviews the chemical limitations. The city determined that it is best to allocate these limits to see is what you get to those who need them preventing low limits and keeping your total pollutant low. We bring this to the full council to ask for you approval. A Public Hearing was held at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion to send bill 39 -14 to the full Council with a favorable recommendation. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 40-14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY 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 Councilmember Dr. Fred Ferlic the Health & Public Safety Committee met earlier today and we send this bill to the full council with a favorable recommendation. Presenter- Ellen D. Rose - Offices on the 12' floor of this building- this is an ordinance to allow the busking ordinance to be studies further, and report back to the council by December 31st which at time we would ask for recommendations. Councilmember Oliver Davis will we have any updates prior to December? Petitioner if we have information to report we will bring that to you. Councilmember Davis so you are looking to meet on the very last meeting of the year? Petitioner we are looking to bring it well before then prior to December 31st A Public Hearing was held at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Ferlic made a motion to send bill 40 -14 to the full Council with a favorable recommendation. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 35 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA, RIVER RACE TOWNHOMES El REGULAR MEETING JULY 28,201 Councilmember White made a motion to continue bill 35 -14 indefinitely, motion seconded by Councilmember Scott, which carried by a voice vote of seven (7) ayes. IC 151:1 : :11► , BILL NO. 37 -14 THIRD READING ON A BILL OF THE COMMON COUNCILL 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 ( 9209), $2,000,000 FROM DEPARTMENT OF COMMUNITY IVESTMENT STATE GRANTS FUND (#210),$150,000 FROM GIFT, DONATION, REQUEST FUND (9217),$9,900 FROM MORRIS PAC /PALAIS ROYALE MARKETING FUND ( #273), $885,084 FROM EMS CAPTTAL FUND ( #288), AND $15,000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND ( #299) This bill had third reading. Councilmember Schey made a motion to amend as in the Committee of the Whole. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. BILL NO. 38 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2014 OF $170,500 FROM SOLID WASTE OPERATIONS FUND (9601),($500,000) FROM 2014 SEWER BOND FUND ( 4665), AND $286,863 FROM CENTURY CENTER CAPITAL FUND ( #671) This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Scott seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. BILL NO. 39 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFRES FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2014 This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Ferlic seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. BILL NO. 36 -14 THIRD 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 third reading. Councilmember Scott made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. BILL NO. 40-14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIAN, SUSPENDING ENFORCEMENT OF CHAPTER 4, ARTICLE 4, SECTION 4- 21 OF THE SOUTH BEND MUNICIPAL CODE PENDING FURTHER STUDY AND REVIEW REGULAR MEETING JULY 28,201 This bill had third reading. Councilmember Schey made a motion to pass this bill. Councilmember Dr. Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS BILL NO. 14 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PENN TOWNSHIP, DELDORA ANNEXATION AREA ri REGULAR MEETING RESOLUTION NO. `I 31 � 4 JULY 28,201 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PENN TOWNSHIP (DELDORA ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100 %) property owners which proposes the annexation of real estate located in Penn Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 20.0 acres of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 21.0% contiguous, generally located on the south side of Ireland Road east of Ironwood Drive (17716, 17802, and 17830 Ireland Road). It is anticipated that the annexation area will be used for a planned unit development, potentially to include commercial, office, and/ or high - density residential buildings. The Petitioner seeks to rezone this annexation area to "PUD" Planned Unit Development District within the City. This development will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non - capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective dale of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria, and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. 7 REGULAR MEETING JULY 28,201 NOW, 'THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I . It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Penn "Township, St. Joseph County, Indiana be annexed to the City of South Bend: A part of the Southwest Quarter of Section 29, 'township 37 North, Range 3 East, Penn Township, St. Joseph County, Indiana, and more particularly described as follows: Commencing at the Northwest Comer of said Southwest Quarter; thence South 89 0 55'00" East along the North line of said Southwest Quarter, 991.56 feet to the point of beginning; thence continuing South 89 °55'00" East along said North line, 663.13 feet; thence South 00 0 01'26" West, 1326.25 feet to the South line of the North half of said Southwest Quarter; thence North 89 °49'07" West along said South line, 207.92 feet to the Northerly right -of -way of U.S. 20 Bypass; thence North 68 West along said Northerly right -of -way, 491.09 feet to the Easterly line of Crofoot Minor Addition, recorded in Plat Book C, Page 7 in the Office of the Recorder of St. Joseph County thence North 00'02'14" East, 934.69 feet to the Southerly line of the Original Town of Hi -View, recorded in Plat Book H, Page 1 in said Recorders Office; thence North 89 °54'11" West along said Southerly line, 192.01 feet to the Westerly right -of -way of Queensboro Street; thence North 00 °02'11 "East along said Westerly right -of -way, 178.02 feet to the Southerly right-of-way of Ireland Road; thence South 89°55' 00" East along said Southerly right -of -way, 192.01 feet; thence North 00 °02' 11" East, 30.00 feet to the point of beginning, said described tract containing 20.0 acres, more or less, and subject to any easements, right -of -ways, covenants and restrictions of record. Section II. That it shall be and hereby is now declared and establishod that it is the policy of the City of South Bend, to furnish to said territory services of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a mamter equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public water main is available to service this annexation area except for its eastern end REGULAR MEETING JULY 28,201 and that necessary extensions of the water main shall be paid by the developer; that the existing sewer system may not be sufficient to service the planned development of the annexation area and that any necessary sewer main extensions shall be done at the developer's expense. Lateral extensions and/or taps into sanitary sewer and/or water lines shall be governed by Indiana law and local rules and regulations. Any streets interior to the development site are expected to be private. Any public road improvements, upgrades to the road drainage system, traffic controls curbs, and sidewalks required by the proposed development of this annexation area will be at the developer's expense. Any additional street lighting shall be at the developer's expense with the City to accept it for maintenance and operation supported by property tax revenue. Any and all improvements made by the developer including any necessary screening, signage, vehicular access, and interior road construction shall conform to the latest State and City of South Bend standards and ordinances. Section IV. This Resolution shall be effective from and Common Council. date of adoption by the Council ratSENTEa t, -)-" I 190y R2PC�� Filed in rit es Office E til- 22 2014 JOHN ioo;iDE CITY CLERK, SOUTH BEND, IN Committee report from Annexation and Zoning met this afternoon and send this to the full Council with favorable review. Michael Davito- Community Investment -with office on the 14' floor- the fiscal plan addresses an annexation that you saw earlier tonight, two are no longer available and many on the owners expense. M REGULAR MEETING JULY 28,201 Due to the fact that the developer may need to extend the water main eastward. I will be happy to take any questions. Councilmember Varner- to address questions that I've heard before, about the cities tax payer money where citizens have questions about tax payers dollars, I just want to make the point that this will be at the owners expense instead of the city. A Public Hearing was now held at this time. There being no one present wishing to speak to the Council in favor of or in opposition to this Resolution. Councilmember Garner made a motion to adopt this bill. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 14 -63 A RESOULTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COOUNTY, INDIANA FOR THE PROPERTY LOCATED AT 1119 LINCOLNWAY WEST, SOUTH BEND, INDIANA Council Attorney Kathleen Farrand the petitioner has asked us to strike 14 -63 from the agenda, Councilmember Schey so moved, seconded by Councilmember Scott, which carried by a voice vote of seven (7) ayes. BILL NO. 14 -70 A RESOULTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 140 NILES AVENUE AS AN ECONMIC REVITALIZATION AREA FOR PURPOSE OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR RIVER RACE TOWNHOMES, LLC 10 REGULAR MEETING JULY 28,201 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 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 %Lot 159 Courells 1 S1 Lot 161 Cottrells 1" Lot 163 Cottrells 1 S1 Lot 162 Courells 1" 45 Ft E End Lot 158 Cottrells 1 81 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 et 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, 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. 11 REGULAR MEETING JULY 28,201 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 U. 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 Ili. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. 12 REGULAR MEETING JULY 28,201 SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax 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 from and after its adoption by the Common Council and approval by the Mayor. pncstmto Z-1` { -t`( as sub�� � 91Dn¢ov[s� YOSCDSa � - 1,`l-l4 k5 Su�S}��°Q Filed ih ' ` WIC8 I Z 014 JtDktu + fur CITY CLERIC, SOU'M BEN Ili Council Attorney Kathy Fatrand with regard to this bill the Department of Community Investment has asked us to strike 14 -70 from the agenda, Councilmember Varner so moved, seconded by Councilmember Scott, which carried by a voice vote of seven (7) ayes. BILL NO. 14 -71 A RESOULTION CONFIRMING THE ADOPTION OF A 13 REGULAR MEETING JULY 28,201 DECLARATORY RESOULTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 7 IGNITION PARK MAJOR SUBDIVISION AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSE OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR CATALYST, LLC 14 REGULAR MEETING RESOLUTION NO. "(3)C ! Y JULY 28,201 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 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 OP STULL STREET; THENCE ALONG SAID NORTH LINE FOR THE NEXT FIVE (5) COURSES, SOUTH 89 °- 21'135" 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 HAVING 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 LINE OF IGNITION DRIVE 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' -W' WEST 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 58.34 FEET AND NORTH 00°-00'-00" EAST A DISTANCE OF 507.17 FEET; THENCE NORTH 89 0 40' -25" EAST 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 BE LATER KNOWN AS LOT # 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 final legal description and to report the final, appropriate Key Number to the 15 REGULAR MEETING JULY 28,201 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 1. 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 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 16 REGULAR MEETING JULY 28,201 redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections I through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of 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 fall force and of »-apd after its adoption by the Common Council and approval by the Ma Y ef, / 1 PRESENTED ?- 14 NOT ABPiOAA Filed in _ . CITY ClAx, al:4 f ti &ENO, IN Presenter - Rich Deal, Office 100 N. Michigan St- we request your approval on the resolution before you with an investment of over $12 million to construct two separate catalyst facilities in Ignition Park in partnership with the University of Notre Dame to fulfill the cities mission in innovation and technology. 17 REGULAR MEETING JULY 28,201 Councilmember President, I'm just glad that you are here I'm excited about Ignition Park moving forward. A Public Hearing is now held. There being no one present wishing to speak to the Council in favor of or in opposition to this Resolution. Councilmember Scott made a motion to adopt this bill. Councilmember Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO 14 -73 A RESOULTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT FOR THE ELIMINATION, REORGANIZATION, AND CONSOLIDATION OF PUBLIC SAFETY ANSWERING POINTS IN ST. JOESPH COUNTY, INDIANA, AND ALL MATTERS RELATED THERETO Im REGULAR MEETING Bill No. l 1-k -13 RESOLUTION NO. C 4-3 P - I q JULY 28,201 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT FOR THE ELIMINATION, REORGANIZATION, AND CONSOLIDATION OF PUBLIC SAFETY ANSWERING POINTS IN ST. JOSEPH COUNTY, INDIANA, AND ALL MATTERS RELATED THERETO WHEREAS, each of four local governmental units in St. Joseph County, Indiana (the "County"), namely, (i) the County; (ii) the City of South Bend, Indiana ( "South Bend "), (iii) the City of Mishawaka, Indiana ( "Mishawaka "), and (iv) the Clay Fire Territory (the `Territory", and together with the County, South Bend and Mishawaka, the "Parties') currently operate a Public Safety Answering Point ( "PSAP") for dispatching fire, ambulance and law enforcement services; WHEREAS, pursuant to IND. CODE § 36-8- 16.7- 47(e), each PSAP operator in the County is to enter into an interlocal agreement under IND. CODE § 36-1 -7 with every other PSAP operator in the County to ensure that the County does not contain more than the number of PSAPs authorized by IND. CODE § 36 -8- 16.7 -47(c) after December 31, 2014; WHEREAS, Ordinance 79 -13 (the "Ordinance "), passed by the St. Joseph County Council (the "County Council'I on January 14, 2014 and approved by the Board of Commissioners of the County of St. Joseph, Indiana (the "County Commissioners ") on January 15, 2014, established the Public Safety Communications Consortium of St. Joseph County, Indiana; WHEREAS, the Ordinance established a Public Safety Communications Executive Board (the "Executive Board") for the purpose, among other things, of making recommendations regarding the implementation of a consolidated dispatch function for the County; WHEREAS, on July 21, 2014, the Executive Board by resolution (i) deemed it to be advisable, and in the best interests of each of the Parties to enter into a proposed form of an Interlocal Agreement for the Elimination, Reorganization, and Consolidation of Public Safety Answering Points in St. Joseph County, Indiana (the "Interlocal Agreement") among the Parties pursuant to IND. CODE § 36 -1 -7; (ii) approved the Interlocal Agreement; (iii) and recommended to the County Council, the County Commissioners, the South Bend Common Council, the Mishawaka Common Council, and the Board of the Clay Fire Territory that each of such bodies approve the execution and delivery of the Interlocal Agreement by each of the Parties; and WHEREAS, there has been presented to this meeting a copy of the proposed form the Interlocal Agreement, and the members of the South Bend Common Council have reviewed the proposed Interlocal Agreement and deem it advisable and in the best interest of South Bend for South Bend to enter into the Interlocal Agreement: 19 REGULAR MEETING JULY 28,201 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: SECTION 1. Approval of Interlocal Agreement The South Bend Common Council hereby deems it advisable and in the best interest of the City of South Bend for South Bend to enter into the Interlocal Agreement. The substantially final form of Interlocal Agreement presented to this meeting, and incorporated herein by reference, is hereby approved by the South Bend Common Council. The Mayor or the Deputy Mayor and the City Clerk are hereby authorized and directed, for and on behalf of South Bend, to execute and deliver the Interlocal Agreement and to approve any changes in the form or substance of the Interlocal Agreement, such approval to be conclusively evidenced by its execution by the Mayor and City Clerk. SECTION 2. No Conflict All ordinances, resolutions, and orders or parts thereof in conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed. SECTION 3. Effectiveness This R after its passage by the South Bend Common in full force and effect from and ATTEST: City Clerk taco AM -V` P �— l y 0.,1° A+r-AJ Filed In Clerk's Office vu. z J0I4N V00 CITY CLEW, SOUTH eamD, IN Councilmember Dr. Ferlic the Health & Public Safety committee met earlier today and send this to the full council with no recommendation. Mark Neal- Mayor Deputy- Presented a PowerPoint Presentation, the resolution to approve the public safety answering points to go from 4 dispatchers to go down to 2 in 2014 and down to 1 in 2015. The 20 REGULAR MEETING JULY 28,201 people that we talked about that there are some key considerations, we estimate that there will be a $2 million receipt for 2015, not getting us down to two will jeopardize those fund. We will share the cost with the county moving forward. It is a good investment to the work that is being planned and expect that to occur in 2015. They highlighted the staffing effort in the consolidation. The staffing analysis was looking at our county and compared to others around the Midwest to begin consolidation, we will have 64 dispatch and supervisory roles. We will focus on the effectiveness of delivering 911 services to our residents. We will have 12 to 14 housing accommodations, training rooms, and technology. We are going to get down to two to not jeopardize the $2 million, when we get down to one, we can be more effective and more efficient. Communication lines are easier in live situations in hazardous situations. Staffing is more efficient with one center less on overhead and capital in supervisory. Mayor Deputy broke down the financial of the center and timeline of the new center with the new technology. Total operating budget of $6.1 million then adjusted with the $2 million state revenue with a net operating budget to $4.1 million in 2015. We will have a cost saving of $1.5 million with these changes. There is a net saving to the city. He went on to show illustrations of the cost analysis to now versus moving forward. Councilmember Dr. Ferlic- You stated that the two main considerations were the free land and the already existing infrastructures? We did not have free land and existing infrastructures in the City of South Bend? Jason Betney- Project Manager- 2211 E Jefferson- the site selection process with extensive review process began by developing an inventory of sites that met selection criteria, another was there was concern with a primary center effected with one gas leak or storm it would affect both sites instead of it being a backup. This site was considered most favorable after reviewing all of that material. Councilmember Davis- On that people were majority of them from Mishawaka or from South Bend, with political issues, what was the composition? Petitioner responded the site proposed was decided by the Executive Board, Mayor of both cities, and representative of the board of commissioners to compose sites, which narrowed to 7 sites, which 3 or 4 were in South Bend. The consideration was the duplication to back -up site that was not on the same infrastructure so you don't want on storm effecting both sites in terms of loss of power. Councilmember Ferlic, than it could have been in Mishawaka, what this points out if we were involved sooner we might have been able to bring it to South Bend but realized the horse is already out of the barn. You stated that 38% of the cost will be by South Bend, is that a tradeoff, will we have the same percentage in terms of bond payment or are they going to jack that up, in other words is 38% underestimating what our cost will be? Is the population of South Bend represented by that percentage or is it more or less? Petitioner that's not how the percentage was calculated but South Bend is 40% of the population, John can provide additional details on the cost calculations. John Julian- 112 Ironwood Drive, Mishawka- we looked at cost allocations, in taking that approach we looked at allocating cost on pure call volume, we looked at fixed costs, and a number of others. Net - sets evaluation as it is the traditional methodology for allocating public safety costs became the primary approach of 75% of the decision than the other 25% on the call volume. The other cost is the bond issue based on assessed value. The allocation percentage for service is approximately 29 %. A Public Hearing was now held at this time. Those wishing to speak in favor were none. Those were wishing to in opposition. Andy Edward- Sargent of the K -9 Unit- it's not that we are in opposition of the consolidation we are fine with that, put all your eggs in one basket. It is about not having your back -up to close to your primary as that is our point too. Actually there is only way in and way out and a lot can happen in 1 i minutes. The South Bend route is set to mirror the new unit so why not stay. We have no idea where those calls would go. Rebuttal- First the FOP set in to the board meeting and we respect the support and are in agreement on that. The idea of one or two centers in the county is that the expectation that if the two centers are not staffed to handle the call volume than they will have to rely on another call center. If center would go down there would be back up systems in place, along with the downsides would be. We have a higher level of safety with a signal site and have our own back -up system and supervision of our staff. The 21 REGULAR MEETING JULY 28,201 separation in sites we use our Public Works Department to make sure those need to get to the get to the job. Council President, Oliver Davis how many sites in the state of Indiana are moving to one site that are the same of our county, can we get a list of that data? Chief Cox- 1222 S Michigan St.- I'm not certain that there are that many counties in Indiana that mirror St. Joseph County, Marion County and Ellen County have both gone to one operation center. It is a relative large system. They are double in size in terms of population, those centers are working very well for them. As a firefighter one of the draw backs is that you have different districts and you have to transfer calls to the right center and during that time, there is time loss during the emergency. One of the things we would like to see is to eliminate that response. Councilmember Davis can't that be done through new technology and not necessarily a new building? Cox- it could be but if you have to transfer that you delay the response time, you have to explain to the other call to the other dispatcher which could be minutes in delay. Councilmember what would be the delay? Cox- two to three minutes in delay is critical, we are at risk now with these delays. Cox explained different scenarios to illustrate the delays and how timing is critical. Councilmember Schey- Mayor Neal is 911 a federal funded or through FEMA. Mayor Neal- I actually don't know the answer on that John? John -it is 100% locally funded, a portion through the state can come back to the local level to the assessment via the lines that are brought back. Councilmember Schey do you know of other states going through the same thing, is this driven by cost or service? John- It is driven by both, and I'm not quite sure about other states. There are several cost associated with this, there will be reduction due to square footage, he pointed out the administration costs being reduced. The renovation is $6 million, but it also addresses our second issue of technology. Upon speaking with the Executive Directors with new technology we identified a lump sum of $9 million if paid for one time, the $1.6 million reflects $1 million of the purchasing price. John broke down the cost and analysis in terms of funding and potential savings and reductions. Councilmember White- Has Mishawaka already approved this? John- yes Mishawaka has already approved it. Councilmember Dr. Ferlic made a motion to send this bill to Health and Public Safety Committee, and to continue this bill until August l I' in the Council portion. Councilmember White seconded that motion, which carried by a voice vote of seven (7) ayes. Councilmember Schey— if we have those questions should we send those to you? Councilmember Oliver Davis confirmed that. He stated the more information we have the more informed decision they will be able to make. BILLS FIRST READING BILL NO. 41-14 FISRT READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS AMBULNACE /MEDICAL SERVICE FEES This bill had first reading. Councilmember Scott made a motion to refer this bill to Health and Public Safety for a second reading. Councilmember Dr. Ferlic seconded the motion, which carried by a voice vote of seven (7) ayes. BILL NO. 42-14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH COUNCILMANIC DISTRICT 4, RAINBOW CHILD DEVELOPMENT, 17316 & 17288 STATE ROAD 23, SOUTH BEND, INDIANA 22 REGULAR MEETING JULY 28,201 This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Scott seconded the motion, which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS REPORTING FROM THE AREA PLAN COMMISSIONS BILL NO. 34 -14 — REZONING — SOUTHEAST CORNER OF LOMBARDY AND MEADOW Councilmember White made a motion to refer these bills to the Zoning & Annexation Committee and set them for Public Hearing and Third Reading on August 11, 2014. Councilmember Scott seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS There was no new business to come before the full Council. PRIVILEGE OF THE FLOOR Barbara Jewel- 821 Gardner Ave- Mayor Buttigieg and the former Mayor were looking to sign on gun control laws, and apparently they have a blind eye as to what happens to citizens when weapons are taken away. The cities that are the most violent have gun control laws. Please support Valerie Schey who is able to support the park service and employees. Jesse Davis- P.O. Box 10205- I ask to launch another investigation, where a contractor did some damage on a site. I have photographs of this as proof, I again saw city workers doing personal city employees work, when we have neighborhoods that need work, when we have city government using them for jobs that are corrupt. Rhonda Richards- when will the complaints against councilmember Davis be addressed? The council can't move on and he can't move on. As councilmembers you should address this back in January when it first came about and did not hold each other accountable. Randy Holenberden- 740 Bryant Ave -Born and raised in South Bend, served in the armed forces, everyone in the city of South Bend has the right to know what's on those tapes. Samuel Brown- Representing Citizens United for a Better Government- We have an area where a young man got shot and died, things are happening in that area, we need a voice over there. I'm tired of it and we want our monies worth. Dave Rosen- 109 21 St. - I would like to back up Councilmember Schey, I don't think the Mayor supports our right to the second amendment. Shaun- 2101 Prairie Ave- Henry Davis should resign he is a disgrace to the city of South Bend and costing the taxpayers hundreds of dollars. He is not fit to sit in that chair. ADJOURNMENT There being no further business to come before the Council, President Oliver Davis adjourned the meeting at 9:38 p.m. ATTEST: ATTEST: John Voorde, City Clerk Oliver J. Davis, President 23