HomeMy WebLinkAbout07-25-162
e:
R
a
N
cn
s
N
O
r-�
O
r
r
n
r
r
x
H
a
z
n
H
O
O
b
z
H
�]
r
CD
�
x
r
o
°
m
C
° n
C
�
°
CD
n
C
°
CL
CD
a
�
a
o
z
C,
b
z
z
r
r
a
a
a
a
a
a
a
a
00
°
lTJ
lTJ
CrJ
CrJ
CrJ
lTJ
CrJ
IT1
uj
'�
2
e:
R
a
N
cn
s
N
O
r-�
O
r
r
n
r
r
x
H
a
z
n
H
O
O
b
z
H
REPORT OF SUB- COMMITTEE ON MINUTES
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
THE SUB - COMMITTEE HAS INSPECTED THE MINUTES OF THE
July 25, 2016
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE, WE RECOMMEND THE SAME BE APPROVED:
TIM SCOTT
�V VARNER
APPROVED BY THE COMMON COUNCIL ON: August
ATTEST:
FOWLER. CITY CLERK
REGULAR MEETING
July 25, 2016
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 25, 2016 at 7:00 p.m. The
meeting was called to order by Council President Tim Scott and the Invocation was given by Raj
Kohli from the Hindu Temple and Community Center of Michiana and Pledge to the Flag was
given.
ROLL CALL
COUNCIL MEMBERS:
PRESENT:
Tim Scott
Randy Kelly
Josephine Broden
Dr. David Varner
Oliver J. Davis
John Voorde
Gavin Ferlic
Karen L. White
ABSENT:
Regina Williams- Preston
OTHERS PRESENT:
Kareemah Fowler
Jennifer Coffman
Alkeyna Aldridge
Joseph Molnar
Kathleen Cekanski- Farrand
Adriana Rodriguez
Pt District, President
3" District
4th District
5th District
6th District, Vice President
At -Large
At- Large, Chairperson Committee of the Whole
At -Large
2nd District
City Clerk
Chief Deputy Clerk
Deputy Clerk
Clerk Executive Assistant
Council Attorney
Legal Research Assistant
REPORT FROM THE SUB - COMMITTEE ON MINUTES
Councilmember Gavin Ferlic made a motion that the minutes of the July 11, 2016 meeting of the
Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion
which carried by a voice vote of eight (8) ayes.
SPECIAL BUSINESS
DR. MARTIN LUTHER KING, JR. STREET RENAMING COMMITTEE REPORT
Robert Smith, Dr. Martin Luther King Jr. Men's Club, spoke on behalf of the Special
Committee. The Committee officially submitted their report to the Common Council which is on
file in the City Clerk's Office. The Committee was established by Resolution 4443 -15 and
supported by Mayor Pete Buttigieg. The Committee met and identified its expectations which
were to review the impact on residents and businesses of any proposed route, to identify the
potential streets to be re -named for Dr. Martin Luther King, and solicit public input. All meetings
were open to the public and meeting notices were handled by the City Clerk's Office. The
Committee identified criteria that a street should have to carry Dr. King's name. The street
should be well maintained, of significant length, should not be an honorary street, and an existing
or future bus route should be on the street. Therefore, the Committee voted to expand the current
Dr. Martin Luther King Jr. Drive north to Michigan Street on Marion Street and south to the
REGULAR MEETING JuIV 25, 2016
County line on Chapin and Prairie Street. The recommendation passed with a majority vote. Out
of respect to South Bend's Native American community, Portage Avenue was not considered as
an option. Out of respect for South Bend's Hispanic community, Western Avenue was not
considered as an option. An internet survey was held and a paper survey was made available at
the widely held public meetings. The potential impact on residents and businesses are captured in
the report. The notable impacts are as follows: address changes, signage changes, and cost of
stationary. These impacts largely affect businesses. A U.S. Post Office employee was present at
the meetings to respond to address changes. If a street name changes, the Post Office will reroute
the mail. However, the Post Office would want the individual or business to request an address
change later but the mail will continue to be rerouted if no official address change request is
made. None of these costs would be immediate. The results of the survey are attached in the
report. Eleven (11) streets and two (2) structures were identified as recommended places of
having the name of Martin Luther King Jr. Renaming Western Ave received forty -seven (47)
votes and expanding the current MLK Drive received forty -three (43) votes. The Committee is
recommending expanding the existing street.
A few issues came forward during the course of the public meetings and process. A majority of
residents want a new Dr. King Street and they want it now. However, they don't want it to be
their street. Also, race came forward as a factor during the process. Comments such as "where
are the white people streets" and "put the street in a black only neighborhood" came up during
the process. Also, during the last meeting three (3) businesses present acknowledged race was an
issue during the process. The electronic survey produced conflicting results and many people
duplicated their responses.
In conclusion, it is recommended that no more committees should be established to address
renaming a street for Dr. King. Feedback from both residents and business owners on all sides of
the issue recommended that a decision be made.
Council President Tim Scott thanked the Committeemembers for fulfilling their duties and taking
the time to do so adequately.
16 -57 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, PUBLICLY
ACKNOWLEDGING AND COMMENDING THE
MONROE CIRCLE COMMUNITY CENTER ON THEIR
10th ANNIVERSARY OF SERVICE, OUTREACH AND
PARTNERSHIP
Councilmember Gavin Ferlic made a motion to change the title to Bill 16 -58. Councilmember
Karen White seconded the motion which carried by a voice vote of eight (8) ayes.
Councilmember Oliver Davis read the resolution in its entirety. He invited the team from
Monroe Circle to address the Council.
Johnathan Anderstrom thanked the Council for bestowing such a high honor on Monroe Circle.
He thanked Granger Community Church for the thousands of volunteers and the millions of
dollars it has donated to renovate the Five Hundred (500) block of Western Avenue. Mr.
Anderstrom thanked God for giving them all the strength to do the challenging work of
community development.
John Hunt, 501 Monroe, stated he is trying to give back to the community which has given him
so much.
Rachel Phillips stated she is a volunteer at the center. Mr. Anderstrom has a love for this
community and the children of this community. We have a lot of children falling through the
cracks and it is the job of Monroe Circle to fill up those cracks and get those children to live full
and successful lives.
2
REGULAR MEETING July 25, 2016
Ted Bryant, Pastor of Granger Community Church, thanked the Council for honoring Monroe
Circle Community Center. They have partnered together for ten (10) years and it has been a
wonderful journey. The number of people that have been transformed is truly miraculous.
Councilmember Karen White thanked the Center for their investment both financially and
holistically. She also thanked them for allowing her sorority at IUSB to come into the building
and work with the children.
Councilmember Gavin Ferlic congratulated the Center for their ten (10) years of service.
Councilmember John Voorde stated this work is so vital and needed in our community and
thanked them for their service.
Councilmember Dr. David Varner stated communities have so many needs that it is impossible
for a government to solve them all. It is very fortunate when organizations and churches and
non - profits find their niche where they can do so much good work. You can't legislate success
like this you can only hope for it. He thanked them for providing hope to South Bend.
Councilmember Jo M. Broden stated she was at a naturalization ceremony a few months ago and
it was Monroe Circle that gave the individual becoming a citizen the support to get to that point
in her life.
Councilmember Randy Kelly stated he is so impressed with the work Monroe Circle has done
especially with revitalizing that neighborhood which gives the entire community pride.
Council President Tim Scott stated progress starts at the community and residential level. If
people want to get something done, this is how you do it. People coming together with heart and
passion to improve other people's lives. Grassroots organizations are what hold this community
together.
No one from the public spoke either in favor of or in opposition to the bill.
Councilmember Dr. David Varner made a motion to adopt Bill 16 -58 by acclamation.
Councilmember Karen White seconded the motion which carried by a voice vote of eight (8)
ayes.
REPORTS OF CITY OFFICES
Representing the city administration will be James Mueller.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:31 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the
Whole. Councilmember Karen White seconded the motion which carried by a voice vote of eight
(8) ayes. Councilmember Gavin Ferlic, Chairperson, presiding.
Councilmember Gavin Ferlic explained the procedures to be followed for tonight's meeting in
accordance with Article 1, Section 2 -11 of the South Bend Municipal Code.
PUBLIC HEARINGS
28 -16 PUBLIC HEARING ON AN ORDINANCE AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1311 NORTH IRONWOOD DRIVE,
SOUTH BEND, INDIANA, COUNCILMANIC
DISTRICT NO.4 IN THE CITY OF SOUTH BEND,
INDIANA
Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that the
Committee met and sends this bill to the full Council with a favorable recommendation.
3
REGULAR MEETING July 25, 2016
Keith Chapman, Area Plan Commission with offices on the 11th Floor of the County -City
Building, served as the presenter for this bill. The property in question is on the west side of
Ironwood. Mr. Chapman provided images of the site and current zoning layout of the area which
are on file in the City Clerk's Office. The petitioner is seeking to rezone from S171 Single Family
to OB Office Buffer District. The property is surrounded by SF1 Single Family and to the north
is OB Office Buffer District. This bill comes to the Council with a favorable recommendation
from the Area Plan Commission. By removing the access on Ironwood Drive and connecting
through the established office properties to the north, rezoning the site to OB Office Buffer
District will allow for a reasonable extension of services provided in this area while minimizing
the impact on the residential areas in the immediate area.
Mike Danch, 1643 Commerce Drive South Bend IN, served as the presenter for this bill on
behalf of Aldridge Insurance. Aldridge Insurance owns the property directly north of this site and
they would like to expand their office. They purchased this piece of property and as part of the r
rezoning process they would renovate the existing single family home into an insurance office.
Access to this property will be off the public alley which is behind the property. The drive way
that leads onto Ironwood will be closed and removed. The petitioner has received three (3)
variances for this property. There will be fencing along the northwest and a portion of the south
property line to screen this property from the adjacent properties. Additional evergreen screening
will be added as well. The petitioner will also be putting in a sidewalk along Ironwood.
Councilmember Oliver Davis asked about the proposed signage for the property.
Mr. Danch responded Aldridge Insurance already has a sign for their current property. Under the
OB category they could have another sign but it would be minimal and he isn't sure if they are
planning on even having one.
No one from the public spoke either in favor of or in opposition to the bill.
Councilmember Karen White made a motion to send Bill 28 -16 to the full Council with a
favorable recommendation. Councilmember Oliver Davis seconded the motion which carried by
a voice vote of eight (8) ayes.
31 -16 PUBLIC HEARING ON AN ORDINANCE AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 314 & 318 ST. PETER STREET, 401
NOTRE DAME AVENUE, AND 325 FRANCES
STREET, COUNCILMANIC DISTRICT NO. 4 IN THE
CITY OF SOUTH BEND, INDIANA
Councilmember Karen White made a motion to accept the substitute bill on file with the City
Clerk's Office. Councilmember Tim Scott seconded the motion which carried by a voice vote of
eight (8) ayes.
Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that the
Committee met and sends this bill to the full Council with a favorable recommendation.
Keith Chapman, Area Plan Commission with offices on the 11th Floor of the County -City
Building, served as the presenter for this bill. These properties are located just south of Wayne
Street and are the old Transpo site. Mr. Chapman provided aerial photos and zoning layouts of
the site which are on file in the City Clerk's Office. The petitioner is seeking to rezone three (3)
separate tracts of land. They are seeking to rezone Tract One (1) to MF1 Urban Corridor Multi -
Family District, Tract Two (2) B to S172 Single Family and Two Family District and Tract Two
(2) A and Three (3) to MF1 Urban Corridor Multi- Family District. The tracts are surrounded by
a mix of MF1 and S172 Districts as well as vacant land and offices zoned MU Mixed Use
District. This bill comes to the Council with a favorable recommendation from the Area Plan
Commission. Redevelopment of the site for single family and townhome style residential will
strengthen the existing Howard Park Neighborhood and address a demand for urban housing as
identified by local developers, real estate professionals and the Howard Park Neighborhood Plan.
4
REGULAR MEETING JuIV 25, 2016
Brian McMorrow, Abonmarche Consultants 750 Lincoln Way East South Bend, served as the
petitioner for this bill on behalf of River Walk LLC. Mr. McMorrow provided images of what
the designed area will look like once completed, those images are on file with the City Clerk's
Office. This particular piece of land which is on about eleven (11) acres on three (3) different
blocks was the subject of a similar petition about a year ago. The Council at that time supported
the rezoning of the property to allow for a mix of residential housing types. What has prompted
this return visit is the most extreme north east portion of the property was purchased. That
purchase added approximately 1.1 acres to the total larger assemblage of property. A year ago,
the Council saw a plan for a similar mix of properties with a total of sixty -four (64) dwelling
units subject to final review by the City Engineer. Today, the plan now calls for up to about
eighty -four (84) dwelling units. That is a modest shift upwards in a number of housing units
primarily due to the additional property. The plan is to have the more dense zoning close to
Wayne Street and then drop down to a lesser density along the river.
Councilmember Oliver Davis asked if the petitioner knows what the cost will be for any of the
units.
Mr. McMorrow responded that the price points have not been set yet.
Councilmember Jo M. Broden asked if St. Peter Street has been approved to go all the way
through yet.
Mr. McMorrow responded that it has been approved. When the closing took place earlier this
year, that right of way had been granted to the City. There is a lot of tax payer money at work to
separate the storm and sanitary sewer in that neighborhood and that work should be done later
this summer or early fall. This would set the stage for development of these lots for new homes
soon after.
Councilmember Dr. David Varner asked what the setbacks measurements will be.
Mr. McMorrow responded they will be twenty -five (25) feet in the front and fifteen (15) on the
side. This leads to a typical lot width of fifty -one (5 1) feet.
No one from the public spoke either in favor of or in opposition to the bill.
Councilmember Dr. David Varner made a motion to send substitute Bill 31 -16 to the full Council
with a favorable recommendation. Councilmember Oliver Davis seconded the motion which
carried by a voice vote of eight (8) ayes.
RISE AND REPORT
Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember
Karen White seconded the motion which carried by a voice vote of eight (8) ayes.
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the
Council Chambers on the fourth floor of the County -City building at 7:43 p.m. Council President
Tim Scott presided with eight (8) members present.
BILLS — THIRD READING
28 -16 THIRD READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1311 NORTH
IRONWOOD DRIVE, SOUTH BEND, INDIANA,
COUNCILMANIC DISTRICT NO.4 IN THE
CITY OF SOUTH BEND, INDIANA
REGULAR MEETING
July 25, 2016
Councilmember Dr. David Varner made a motion to pass Bill 28 -16. Councilmember Oliver
Davis seconded the motion which carried by a roll call vote of eight (8) ayes.
31 -16 THIRD READING ON AN ORDINANCE AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 314 & 318 ST. PETER STREET, 401
NOTRE DAME AVENUE, AND 325 FRANCES
STREET, COUNCILMANIC DISTRICT NO.4 IN THE
CITY OF SOUTH BEND, INDIANA
Councilmember Dr. Varner made a motion to amend the bill as it was in the Committee of the
Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight
(8) ayes.
Councilmember Gavin Ferlic made a motion to pass Bill 31 -16 as amended. Councilmember
Oliver Davis seconded the motion which carried by a roll call vote of eight (8) ayes.
RESOLUTIONS
16 -57 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA IN SUPPORT
OF A REASONABLE TRANSITION TO CLEAN
ENERGY FOR SOUTH BEND
Councilmember Oliver Davis made a motion to continue Bill 16 -57 to August 22nd 2016.
Councilmember Karen White seconded the motion which carried by a voice vote of eight (8)
ayes.
BILLS FIRST READING
There were no first readings.
UNFINISHED BUSINESS
35 -16 AN ORDINANCE 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
CENTRE TOWNSHIP, CONTIGUOUS THEREWITH;
COUNCILMANIC DISTRICT NO. 1, FOR 22575
BLOCK U'S. 20 WEST, 22875 BLOCK U. S.20 WEST,
22965 U.S. 20 WEST, 24632 U.S. 20 WEST, 24650 U.S.
20 WEST, 24700 U.S 20 WEST, AND 54270 PINE
ROAD, SOUTH BEND, INDIANA
Councilmember Gavin Ferlic made a motion to send Bill 35 -16 to the Zoning and Annexation
Committee for September 12' and set for third reading on September 26th 2016. Councilmember
Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes
39 -16 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 214 OLIVE STREET,
SOUTH BEND, INDIANA
REGULAR MEETING July 25, 2016
Councilmember Gavin Ferlic made a motion to send Bill 39 -16 to the Zoning and Annexation
Committee for August 8th 2016. Councilmember John Voorde seconded the motion which
carried by a voice vote of eight (8) ayes.
Council President Tim Scott announced that the second of three (3) joint council meetings with
the St. Joseph County Council and Mishawaka Common Council will be held on July 27th at 6:00
p.m. in the Council Chambers. This meeting will be primarily about hearing public input on a
potential food and beverage tax.
Councilmember Karen White announced that Council walking tours will begin on July 28th
2016. There will be others as well and in September it will conclude with a trolley tour through
the City. This allows Councilmembers to connect with constituents on multiple issues. The
information on when and where the walks will take place can be found by contacting the City
Clerk's Office.
NEW BUSINESS
There was no new business.
']7► %1_0x0melW- `._I9 -0I[6Z677
Samuel Brown, 222 East Navarre Street South Bend, commended the police for handling the
recent knifing situation on Western Avenue without a fatality. He also commended Michael
Jordan for donating a million dollars to two (2) different organizations to strengthen relationships
between the police and communities. If the community and the police work together we will
have a better South Bend.
Jason Banicki Critchlow, 3822 West Ford Street South Bend, stated it is great to see a bunch of
construction across the City in terms of road repair but he asked if we are funding those
improvements with our Wheel Tax to pay off bonds in lieu of routine road repairs. Some roads in
the City are becoming practically undrivable in key areas such as around Sample Street. We pay
$25 per year on every vehicle we own in addition to all of the other taxes we pay and we are not
seeing the improvements in the roads. He asked if the City is wasting our wheel tax dollars to
pay off bonds for new construction as opposed to using it for improving the current roads.
Mick Perry, 901 East Fox Street South Bend, stated for the last dozen years when there were
concerts at Seitz Park there have been portable toilets for the patrons but now there is an ill -
advised policy to remove all portable toilets at the parks. We should not have people have to go
from Seitz Park and cross the bridge then go into the Emporium to use their restrooms.
ADJOURNMENT
There being no further business to come before the Council, President Tim Scott adjourned the
meeting at 7:55 p.m.
7