SOUTH BEND COMMON COUNCIL NOTES FOR JUNE 11, 2018

​County-City Building 4th Floor, 4:00 pm and 7:00 pm
Present:  All Present

Council welcomed the new 5th District Councilman Jacob Teshka and plan to honor the outgoing Councilman Dr. David Varner on July 9th.

BILL # 14-18 Rezoning for 1619 S. Michigan Street, APC (Area Plan Commission) #2865-18

This was the Bonnie Doon location which sat vacant for around 20 years. It currently has a JJ Fish Carry out in one portion of it. They currently have 3 locations in the Michiana area.
They would like to use the rest of the location for a used car sales lot with 27 car spaces. They stated there is another used car lot only 1 block away and across the street.
This received an "Unfavorable" recommendation from the Department of Community Investment. They want to limit the number of cars and have greenery added to the location.
Mr. Feeney summarized that the "2004 Comprehensive Plan" was passed, but not the sub-plan for the South Michigan area. When he was asked about two diverse businesses in the same location he replied, "Buy a car and have dinner on us."
Since the process was started on this in May, the 90 Day decision is approaching, so this was tabled until the June 25th Council meeting with the recommendation there be further meetings before then. There is currently a 1/3 and 2/3 vote split.
Councilman Scott advised there seems to be some disconnect between Area Plan and DCI and they need to meet before the next Council meeting.

BILL # 18-25 RELEASING DOUGLAS ROAD TIF MONIES TO THE GENERAL FUND

They are currently working on the right turn lane, but that should be completed soon. The additional funds paid into this fund were released last year and they plan to do that again this year.
In 2017 there was around $379K and when the funds are released from the TIF, 40% goes into the City General Fund and the other 60% goes to other entities. This TIF will be expiring soon.

BILL #23-18 AMENDING LOCAL PRETREATMENT DISCHARGE LEVELS INTO THE RIVER

Municipal Code Chapter 17, Article 2, Division 3, Section 17-8(f) for the City's National Pollutant Discharge Elimination System (NPDES) Permit that is to be done every 5 years.
Revise Section 17-8 (1) to add a Monthly Maximum Allowable Industrial Load (MAIL) requirement, distinguished from a Daily MAIL. 
The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c) to protect the objectives specified in Sec. 17-8(a).
(3) The Director may, at the Director's sole discretion, implement local limits through allocation of the Daily Maximum Allowable Industrial Load (MAIL) and the Monthly MAIL to Significant Industrial Users. The Daily MAIL is the total daily loading of a pollutant available to be allocated to all Significant Industrial Users. The Monthly MAIL is the total loading of a pollutant available to be allocated to all  Significant Industrial Users as a monthly average. The monthly average is calculated as the sum of the concentrations of all daily discharges measured during a calendar month divided by the number of daily discharges measured that month. Daily MAILs  and Monthly MAILs for the following pollutants are hereby incorporated by reference:
Significant Industrial Users (SIU) who have not been given an allocation for one of the pollutants listed above shall notify the City of South Bend at least 90 days in advance of a change in the characteristics of their wastewater that would increase the expected concentration of that pollutant in their wastewater discharge. In addition, the City may determine at any time that an SIU wastewater discharge requires a limitation for a pollutant, regardless of the concentration levels listed below, and may then develop a limit based on the MAIL. In any case, SIU discharge that is found to contain in excess of the following concentrations will be reviewed for the need for a limit. The Director may require more sensitive analysis when results are reported as less than the following concentrations or less than greater concentrations:
Arsenic-0.2 mg/L
Cadmium-0.1 mg/L
Chromium-2.0 mg/L
Copper-0.3 mg/L
Lead-0.3 mg/L 
Nickel-0.3 mg/L
Silver-0.2 mg/L
Zinc-0.3 mg/L
Cyanide-0.1 mg/L

Council assigned review of this to the Utilities Committee.

NOTE: The City just mailed out the 2017 Summary of Water Quality Testing PWSID 5271014
This further explains contaminate levels, lead in water, aquafers and unregulated contaminants.
If you would like a copy of this report you may call 574-235-5994 or view online at bit.ly/sbww2017CCR
This does not include the release levels that occurred in the February 2018 flood.

BILL # 24-18 AMENDING CHAPTER 21, ARTICLE 2, 3 AND 7 - PARKING ON THE STREETS (NOTE:  See the May 29th Michiana Observer post for more details on this and Annexations)

Community Investment wants to make more decisions without Council approval. They said it is to "simplify" the process that is "burdensome". 
They are wanting to reduce the amount of parking required for Developers and instead move parking to the streets. Developers can count street parking towards their quota and have smaller lots, which forces patrons to park in front of homes on the street. 
Director James Mueller suggested if residents want to park in front of their homes they can purchase a parking permit. 
Councilwoman Jo Broden expressed concern about people parking around park areas where kids might have to cross the streets.
Providing bike racks is part of the new requirements. Ms. Broden asked if this would also include scooters.
If you are interested in the decision of this, plan to attend the June 25th meeting. The 1st Reading was at this meeting and often Council combines the 2nd & 3rd Readings. Next meeting will be your only chance to object.

SUGGESTIONS: Require new parking lots to use permeable concrete to reduce water runoff issues. Be sure there are special standards for residential areas.

NOTE: No mention was made of ADA Parking Spaces.

BILL # 25-18 ZONING VARIANCE - 1st Reading
Address: 4546, 4566 & 4612 N. Lake Blackthorn Drive in District #1
US 29 and Pine Road area

BILL # 26-18 ANNEXING - 1st Reading
Address: 24605 Cleveland Road in District #1

BILL # 18-23 ZONING APPEAL
Address: 117 S. William Street

BILL # 18-24 ZONING APPEAL
Address: 112 E. Indinana Avenue

REMINDER ABOUT UPCOMING TIF ADJUSTMENTS:

4 AREAS THEY WANT TO ADJUST
1. River East - to add Eddy Street ROW, Potawatomi Park/Zoo, Mishawaka Avenue Corridor, Lincolnway East/IUSB Connection
119 acres would be added
2. River West North - Add the Baney Property and the South Bend Chocolate Factory
96 acres added and 1,467 acres removed
3. River West Central - 2014 Commitments of City Cemetary, Museum Campus, Leeper Park (adding 67 acres)
Portage Avenue Shops, Mussel Grove Park, Sherman/Harrison Target Area, Leland/Scott Target Area, Riverside Drive, Lincoln Park Area, Northern Cemetary Expansion, Western Cemetary Expansion, Coal Line Phase 3, LaSalle Park and Pulaski Park
This part would add 140 acres
4. River West - South (Option 1: Expand Neighboring TIF area) with the Miami Street Corridor adding 36 acres
River West - South (Option 2: expansion and partial swap) This would involve:
1. Miami Street Corridor (River West)
2. Miami Street Corridor (South Side)
3. TIF Swap (Partial SE Master Plan)
12 acres added to River West, 24 acres added to South Side, 198 acres transferred from River West to South Side TIF

IMPORTANT NOTE: This last notation of moving into South Side TIF is to tap into the South Side funding. South Side people paid into this and they need to keep it for their area.

4. River West - South (Option 3: Full Swap)
1. Miami Street Corridor (South Side only)
2. TIF swap (Full SE Master Plan) where 36 acres is added to the South Side and 551 acres are swapped from River West to South Side

IMPORTANT NOTE: This would move funding away from the South Side to the River West

CITIZEN COMMENTS:

Mr. Harry Marsh is not pleased with the trailors across from Ivy Tech and wants the Council to come out and examine the ongoing issues.

Mr. Jesse Davis says the City is letting vendors/contractors monopolize business and then they can charge exorbitant rates. He cited a Tow Bill & Yard Bill is Daughter-in-law received after an accident that ended up totalling $1,400. He said it used to be there was a rotating list of vendors to spread out the business and keep fees in check.

Mr. Brown is concerned that nothing is being done about a local drug house, even when SBPD and State Police have been asked to intervene. He's tired of his neighborhood being shot up. He also wants more clean-up. 

OLD BUSINESS: Councilman Davis asked for an update on the Ardmore issue.

SPECIAL PRESENTATION: Mr. Andrew Berlin on the Cubs Franchise in South Bend
They bought it on 11/11/11 at 11:11 am as a good omen.
They signed a 20 year deal with the City.
In the 7th Season it moved from the Silver Hawks to the Cubs.
Four Winds won the "Best Ball Park" national award.
His Goals include: Great baseball, thrilling memories for fans and revitalizaing South Bend.
He is looking forward to having a space in the new condos he is building outside the ball park.
NOTE: He was given the property for $1, TIF monies and abatements. For the building of these he did not use local labor unions.
(See slides for more details.)

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