HomeMy WebLinkAbout06-12-17 Council Minutes 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
June 12,2017
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE, WE RECOMMEND THE SAME BE APPROVED:
TIM S OTT
DAVID VARNER
APPROVED BY THE COMMON COUNCIL ON: June 26, 2017
ATTEST: `�
YREEMAH FOlyLEW, CITY CLERK
REGULAR MEETING JUNE 12, 2017
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, June 12th, 2017 at 7:00 p.m. The
meeting was called to order by Council President Tim Scott and the Invocation was given by
Pastor Amy Houghtaling of Hope Ministries South Bend, and Pledge to the Flag was given.
ROLL CALL
COUNCIL MEMBERS:
Tim Scott 1"District, President
Regina Williams-Preston 2nd District
Randy Kelly 3rd District
Jo M. Broden 4th District
Dr. David Varner 5th District
Oliver J. Davis 6th District, Vice President
John Voorde At-Large
Gavin Ferlic At-Large, Chairperson Committee of the Whole
Karen L. White At-Large
OTHERS PRESENT:
Kareemah Fowler City Clerk
Jennifer Coffman Chief Deputy Clerk
Alkeyna Aldridge Deputy Clerk
Graham Sparks Executive Assistant Clerk
Aladean DeRose Interim Council Attorney
Bob Palmer Council Attorney
REPORT FROM THE SUB-COMMITTEE ON MINUTES
Councilmember Karen White made a motion that the minutes of the May 22"d, 2017 meeting of
the Council be accepted and placed on file. Councilmember Gavin Ferlic seconded the motion
which carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
Councilmember Tim Scott announced that Bill No. 09-17 would be continued to July 24th, 2017.
Councilmember Scott also took the time to welcome the new Council Attorney, Bob Palmer.
17-27 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
PUBLICLY COMMENDING AND HONORING
THE SOUTH BEND ELKS LODGE 235 ON
THEIR 125TH ANNIVERSARY
Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as the presenter of this
bill. Councilmember Davis called the members of the Elks Lodge who were present to the
podium, then read the text of the resolution to the Council and public.
Brandon Caudill, Exalted Ruler of Elks Lodge 235, South Bend, IN, stated that he is honored to
receive this commendation and that the Elks Lodge is glad to be a part of the community. Mr.
Caudill stated, We do a great many volunteer works and we hope to continue to have the funds
and the membership to be able to do that. We appreciate being allowed to be here this evening.
Jim Hackett, 809 Patterson Drive, South Bend, IN, stated that he was a past Exalted Ruler of the
Lodge and the current Veteran Services Chairman. Mr. Hackett stated, Our Lodge was one of the
very first to come on board with the Judge Robert Miller Veterans' Home. He stated that they
have donated approximately $4,000 or$5,000 per year to the home and participate in many
veterans' affairs. He thanked the Council for recognizing the Lodge on their 125th anniversary.
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REGULAR MEETING JUNE 12, 2017
Pat Karpinski, Membership Director of Elks Lodge 235, South Bend, IN, stated that she would
invite all present to join the Lodge.
Councilmember Karen White stated, I would like to just say congratulations on one-hundred and
twenty-five (125) years of service, not only to the Lodge itself but also to the South Bend
community. It's very wonderful to be able to sit here and be able to recognize each and every one
of you on behalf of the organization in regards to the excellent work that you have done in our
community, but also the various projects that you have supported throughout the years.
Congratulations, and we wish you another one-hundred and twenty-five (125)years.
Councilmember Gavin Ferlic stated, Congratulations on a really impressive milestone.
Councilmember John Voorde stated, Thank you for all that you have done and all that you
continue to do.
Councilmember Dr. David Varner stated, Congratulations to you all. Best wishes for another
one-hundred and twenty-five (125) years. Just as a matter of historical perspective,when I
graduated from high school, I had dinner with my dad at the old Lodge downtown,next to the
Tribune. It was a very grand event to have had dinner there. I remember it to this day.
Councilmember Jo M. Broden stated, Thank you so much. Your impressive work in the
community is well known, but this amplifies it even more so. Happy anniversary, and thank you
very much.
Councilmember Randy Kelly stated, As a young boy, I spent a lot of time swimming over at the
Elks, and bowling with my mother,which are some of my fondest memories. Thank you so
much for all of your work.
Councilmember Regina Williams-Preston stated, I was just talking to someone about the really
amazing work that so many people do in the community that doesn't often get this kind of
recognition, but it's certainly appropriate at this time, at this amazing milestone,to say thank you,
and to lift up all the wonderful things that you do, and to let you know how much we really
appreciate all the support that you've given. It's the organizations like yours that really make this
City what it is today. Thank you so much, and don't be surprised when I come down for a
membership application, too.
Councilmember Tim Scott stated, Thank you all for what you have done. It is truly an honor for
us to recognize you. I think this is what is wonderful about this City and this Council—we bring
all walks of life in and honor them in what they do. I'm a transplant from St. Louis. My dad was
an Elk there. I spent many a time running around the Elks Club in St. Louis. It's truly an honor. I
appreciate everything that you guys do.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to this bill.
Councilmember John Voorde made a motion to adopt Bill No. 17-27 by acclimation.
Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9)
ayes.
17-33 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
PUBLICLY CONGRATULATING MS.
INDONESIA ("INDY") BROWN, A JOHN
ADAMS HIGH SCHOOL STUDENT, FOR HER
ACCOMPLISHMENTS AND HER SELECTION
BY MAYOR BUTTIGIEG AS THE 2017 SOUTH
BEND MERIT AWARD WINNER FOR
SCOUTING
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REGULAR MEETING JUNE 12, 2017
Councilmember Regina Williams-Preston, 838 North Elmer Street, South Bend, IN, served as
the presenter of this bill. Councilmember Williams-Preston welcomed Indonesia Brown to join
her at the podium and read the text of the resolution to the Council and public. Councilmember
Williams-Preston then invited family members of Ms. Brown to speak.
Dr. Kenneth Spells, Superintendent of the South Bend Community School Corporation, South
Bend, IN, stated, I am so proud, today, to be here to recognize Indonesia Brown. This is a
favorite part of my job, recognizing students—graduation and recognizing students. Dr. Spells
stated that Ms. Brown has a 3.8467 GPA, that she is an Ivy student, a Mock Trial State
participant, Best Witness Award winner at the Regional Mock Trial Competition, a member of
the Mayor's Youth Task Force, a member of the John Adams High School Drug and Alcohol
Prevention Program, a member of the John Adams High School Band, Student Body President,
and a member of Team South Bend. Dr. Spells stated, Thank you for recognizing one (1) of our
students.
Samuel Brown, 222 East Navarre Street, South Bend, IN, thanked Mayor Buttigieg for starting
the Youth Task Force. Mr. Brown also thanked the Council for the signing of the resolution, and
thanked Interim Council Attorney Aladean DeRose for composing the resolution. He thanked Dr.
Spells for being present at the meeting and speaking of Indonesia Brown's accomplishments. He
stated that the person responsible for keeping the Brown family together was her grandmother,
Lucy Brown.
Jasmine Brown, 230 Sadie Street, South Bend, IN, stated, Proud community member, proud
neighbor, and also tonight, a very, very proud mom. To Indonesia: eagles fly high—not to make
others feel inferior, but to reach new heights. Soar above the storms and the clouds, and
encourage others to look up and soar higher, as well. Ms. Brown stated that there are three (3)
rules that her household lives by: to act as if someone is watching; to not squander the blessings
given by God, or they will be given to someone more deserving; to treat the family name like a
brand name. She stated that her daughter has achieved more than she has, and in less time,
expressing thanks for the role models Indonesia has had in her life as she aspires to become
President of the United States of America. She stated, Indonesia, I'm so proud of you. I only wish
I could be half the person that you are one day.
Lucy Brown, 222 East Navarre Street, South Bend, IN, stated, I was there when this child was
born...and she's been on the move ever since. Ms. Brown congratulated her granddaughter, then
revealed that Indonesia did not initially realize that she was being recognized this evening.
Indonesia Brown, 230 Sadie Street, South Bend, IN, stated, I just want to clarify: Yes, before I
was given this award, I thought my grandpa was receiving an award. So, earlier in the day I was
leaving football practice, going home, getting dressed, thinking my grandpa was going to receive
an award. Then, all of a sudden they're all looking at me and I'm so confused, and they say,
"You didn't read the gigantic board that has your name right there?" Well, this is just great, and I
would like thank you all for presenting me with this award.
Councilmember Randy Kelly stated, Indy: wow, Best Witness Regional, by the way—that's big.
The resolution would have been a lot shorter if they had listed things that you don't do. Except, I
think it would have been empty. I'm so impressed with the work you've done. It just shows your
commitment to the work, and that's so impressive to me. Congratulations. It's so well-deserved.
Thank you for doing what you do.
Councilmember Jo M. Broden stated, Congratulations to you. You overlap our children and I see
you literally everywhere at Adams, in every setting. The really cool thing right from the get-go is
that you don't just show up. You're in deep. You're committed, and it's really obvious. You are a
leader. Embrace it. No one needs to tell you that, because it's all over. You see it, everybody sees
it around you. I want to thank you for your leadership among your classmates and within our
community. We are looking forward to hearing about all your accomplishments ahead. Great
work and congratulations.
Councilmember Dr. David Varner stated, Wow. I'm not sure there's anything I can add to that.
What I see is a very successful young lady who has had great guidance all around. If you can
take that and keep that in mind, you'll be fine. Keep it up. Congratulations.
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REGULAR MEETING JUNE 12, 2017
Councilmember Oliver Davis stated, The words that come to my mind remind me of my
grandmother, when they were talking about remembering your roots and the fact that you were
born rich. When you look at your grandparents, look at your mother, look at your family; you
look at the Superintendent who is here to honor you, and the teachers—it's amazing, because
your roots go deep. Your Brown roots go deep. Like your mom was talking about: you're a
Brown. When you remember your roots, it helps you to be able to be strong no matter what the
situation is in your life. The stronger the roots, the better the tree. That's the way I look at it with
you. Continue to do well, continue to soar like an eagle—an Adams eagle—and may God bless
you.
Councilmember John Voorde stated, We can all feel good about the future of this community
when we hear about and honor people like you who have made a commitment to everything
you've done. Congratulations also to Ms. Brown and the Brown family for supporting this
remarkable young lady.
Councilmember Gavin Ferlic stated, Congratulations, and I'm excited to see what you're going to
do in the future.
Councilmember Karen White stated, I don't know where to start. I'm very emotional at this point,
because it speaks to the great work that individuals have poured into you—from your mother,
your grandparents—and the quality of education that you have received from the South Bend
Community School Corporation. I can't underscore that, because as you begin to look at the fact
that you're a member of Team South Bend and you have a responsibility to make sure that others
that come after you,that they understand the importance of education, the importance of being
involved—but also, as your mother has shared with us, she has instilled in you why you must do
what you do, and also the value of giving back to this community. I met you about a year ago
when our sorority at Indiana University launched Using Our Voices. You were on the high
school panel, and we had about six(6) college students, and you held your own. I've never been
so proud of you. Then when we repeated that panel, when we were asked to be part of the Martin
Luther King city-wide celebration,you were on that panel. Even when your grandfather came to
the podium to ask us a question, you held your own. So, we are very proud of you. Continue to
move forward and always remember that you are a part of Team South Bend. Thank you so
much. And I thank Dr. Spells for coming and for being a part of this presentation, as well.
Councilmember Tim Scott stated, So, Indy, one of the disadvantages of being president is that I
don't get to say all these nice things like everybody else. They already did it for me. Absolutely
wonderful. But, it's amazing the foundation that you have.Not everybody has that. So, remember
that and always pass it on. I think you know that. What a bright star you are within this family.
Thank you so much for what you have done and what you are going to do, and remember
everyone else around you and help those that are around you,too. There are small kids that are
going to be looking up to you and you should pass on that knowledge. The beautiful thing about
this resolution: the City has been around since 1865—you are now a part of history. You, your
kids, your grandkids, your great great grandkids can all look this up and see what you've done
and how you've been honored.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Those wishing to speak in favor of this bill:
Jesse Davis, P.O. Box 10205, South Bend, IN, stated that he has known Samuel Brown and
Jasmine Brown for some time, and that Jasmine has taught her household to work hard for what
they want in life. Mr. Davis congratulated Indonesia Brown for all of her accomplishments.
None from the public wished to speak in opposition to this bill.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-33 by acclamation.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9)
ayes.
REPORTS OF CITY OFFICES
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REGULAR MEETING JUNE 12, 2017
Representing the City Administration: Angela Kouters, Interim Chief of Staff
Suzanna Fritzberg, Deputy Chief of Staff
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:35 p.m. Councilmember Karen White made a motion to resolve into the Committee of the
Whole. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of
nine (9) 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
BILL NO.
09-17 PUBLIC HEARING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1237 & 1303
IRONWOOD DRIVE, COUNCILMANIC
DISTRICT NO. 4 IN THE CITY OF SOUTH
BEND, INDIANA
Councilmember John Voorde made a motion to continue Bill No. 09-17 until July 2411, 2017.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9)
ayes.
32-17 PUBLIC HEARING ON AN ORDINANCE OF
THE COMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AUTHORIZING THE
CITY OF SOUTH BEND, INDIANA TO ISSUE
ITS "TAXABLE ECONOMIC DEVELOPMENT
REVENUE BONDS, SERIES 2017
(STUDEBAKER PROJECT)" AND APPROVING
AND AUTHORIZING OTHER ACTIONS IN
RESPECT THERETO
Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
James Mueller, Executive Director of the Department of Community Investment, with offices on
the 14th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill.
Mr. Mueller stated, It's an exciting day for the Renaissance District. This is the final stop to
unlock financing for the transformation of the fagade of Building 84, which is a fixture of
downtown. This is the final piece of the economic development agreement that the City entered
into back in 2012. Since then, the developer has met and exceeded the timeframe for investing
his promised $10,000,000 into the area. At this time, this is the last piece of$3,500,000 of River
West TIF dollars to go into the project to be matched by $3,500,000 of Regional Cities dollars,
and the remainder being the primary investment. Part of the agreement was to increase the
number of big-paying jobs to one-hundred and thirty(13 0) from forty (40) and, as I said before,
the $10,000,000 investment.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Those wishing to speak in favor of this bill:
Lou Pierce, 16800 Hidden Valley Drive, Granger, IN, stated he is excited to see what has been
happening in the Renaissance District. Mr. Pierce stated, This may surprise people, but next time
you're driving from Chicago back into South Bend, take a good look at the skyline. You're
probably used to seeing the Golden Dome and the Chase Building a few miles out. If you really
look hard—and it shouldn't be that hard—the biggest thing on the horizon is Building 84. It's the
largest building in Northern Indiana, but we've all learned to blot it out because it's a blight. A
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REGULAR MEETING JUNE 12, 2017
year from today, it will be a beacon. It will be bringing entrepreneurs, inventors, investors just
transforming the way this giant building works.
Kevin Smith, 635 South Lafayette Boulevard, thanked everyone for their support of the project.
Mr. Smith stated, The good news is really that the hard, strenuous work is done. But with this
fagade, it will help the community believe in itself again. It will help transform some of the most
eroded portions of our community, and I'm expecting that we'll lift them up and provide the jobs
that were lost. My personal goal is that I want to exceed the jobs that were lost at Studebaker and
put us in a position to lead in the 21St Century.
None from the public wished to speak in opposition to this bill.
Councilmember Tim Scott made a motion to send Bill No. 32-17 to the full Council with a
favorable recommendation. Councilmember Oliver Davis seconded the motion which carried by
a voice vote of nine (9) y
RISE AND REPORT
Councilmember Karen White made a motion to rise and report to full Council. Councilmember
Regina Williams-Preston seconded the motion which carried by a voice vote of nine (9) 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 nine (9) members present.
BILLS—THIRD READING
BILL NO.
32-17 PUBLIC HEARING ON AN ORDINANCE OF
THE COMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AUTHORIZING THE
CITY OF SOUTH BEND, INDIANA TO ISSUE
ITS "TAXABLE ECONOMIC DEVELOPMENT
REVENUE BONDS, SERIES 2017
(STUDEBAKER PROJECT)"AND APPROVING
AND AUTHORIZING OTHER ACTIONS IN
RESPECT THERETO
Councilmember Gavin Ferlic made a motion to pass Bill No. 32-17. Councilmember Dr. David
Varner seconded the motion which carried by a roll call vote of nine (9) ayes.
RESOLUTIONS
BILL NO.
17-26 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
STRONGLY ENDORSING AND
RECOMMENDING IMPLEMENTATION OF A
PILOT EMPLOYMENT PROGRAM TO
REDUCE PANHANDLING WITHIN THE CITY
OF SOUTH BEND AND FOR AN
APPROPRIATION WITHIN THE 2018 CITY
BUDGET OF MONIES TO FUND SUCH PILOT
PROGRAM
Councilmember Gavin Ferlic made a motion to accept Substitute Bill No. 17-26. Councilmember
Jo M. Broden seconded the motion which carried by a voice vote of nine (9) ayes.
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REGULAR MEETING JUNE 12, 2017
Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as the presenter of this
bill. Councilmember Davis thanked sponsors Councilmembers White, Voorde, and Williams-
Preston for their contribution to this resolution. Councilmember Davis explained that
municipalities throughout the nation have been trying to find a solution to panhandling that does
not involve outlawing the act. He stated that many such municipalities have looked to the City of
Albuquerque for an example of what to do. Councilmember Davis presented for the Council and
public a clip from a news broadcast detailing Portland, Maine's program of giving panhandlers
jobs. He presented a video of another(unidentified) city program that hires panhandlers for city-
beautifying jobs like weed-pulling for$9 per hour, a few days a week. Councilmember Davis
then stated that the City of South Bend has a responsibility to ignite a movement similar to what
was depicted in the two (2) videos and take care of its citizens. He invited the other sponsors of
the bill to the podium to share their thoughts.
Councilmember Regina Williams-Preston stated that one (1) of the things that she has enjoyed
while being a member of the Council has been the opportunity to help people. Councilmember
Williams-Preston stated, I thank you, Councilman Davis, for bringing this specific issue around
panhandling to the fore. I think that it's something that is going to help our community, help
people feel safe, help people get a hand up—as the video talked about—rather than just a
handout, and give people dignity in a space where they're really struggling.
Councilmember John Voorde stated, This, I think, was a resolution that was pretty easy to
support. Not because of any specificity about money or a particular program that might be seen
as an answer. It's a complex problem that is going to require some complex solutions. I think it,
more importantly, was a signal on the part of the Council to the Administration that as the 2018
budget is crafted, that we hope it's done collaboratively and in the spirit of helping people; that it
be quality-of-life focused.
Councilmember Karen White stated, I did not have any hesitation in becoming a co-sponsor.
Clearly, during the committee discussions, we realized that this is just a small piece as we look at
the bigger picture, in terms of how do we discuss those quality-of-life issues that not only impact
individuals but also the city at-large.
Councilmember Davis stated, I really hope that the other cities and government entities such as
the City of Mishawaka, St. Joseph County—where I believe a lot of the resources should come
from. Many of these kinds of services were done in the past when Madison Center was here, but
when they died we had Oaklawn that picked up some parts and Memorial that picked up others,
but we have had gaps in the system ever since. This helps us to really encourage those in the
community who are already doing things.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Those wishing to speak in favor of this bill:
Jesse Davis, P.O. Box 10205, South Bend, IN, stated that this is a good first step in the right
direction. Mr. Davis stated that most panhandlers are not homeless, but need help regardless. He
stated that some of them are disabled and on Social Security, but that that is not enough to make
ends meet. He added that many have drug problems. Mr. Davis stated, It's a huge problem, a
huge picture that's multifaceted with mental health and drug addiction problems. We need to
address all of them, but I think this is a step in the right direction, and I think we need to do this
now and not wait and see what happens in the fall when budget time comes.
Jason Banicki-Critchlow, 3822 West Ford Street, South Bend, IN, stated that this is an easy
ordinance to support and that it is a good first step. Mr. Banicki-Critchlow stated, We also know
we have some programs coming online with the new homeless housing project over there,just
off of Indiana Street. That will come with additional resources for support. We know the Center
for the Homeless has some resources that we can tap into. The money doesn't necessarily have to
come from the City, but it's a good start to prime the pump.
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REGULAR MEETING JUNE 12, 2017
Whitney Humphrey, 3106 Rednickle Court, Apartment 9Z, South Bend, IN, stated that she is in
favor of the pilot program but that the City should go further by ticketing and fining panhandlers,
who have homes and nice cars, that are scamming citizens.
Sharon Banicki, 3822 Ford Street, South Bend, IN, stated that she likes the program. Ms. Banicki
stated, I know it's got its faults, its holes, but don't let that stop it. Don't get hung up on the
details. Do whatever it takes to give the people that want another opportunity a decent way to
earn money.
None from the public wished to speak in opposition to this bill.
Councilmember Williams-Preston stated, I would like to volunteer District 2. As Mr. Banicki-
start with helping out Code Enforcement.
Critchlow pointed out, rt would be a great place to p g
Councilmember Williams-Preston pointed out that, in the substitute bill,the words"panhandling
and poverty"were added to the title. She clarified that she is for the program but cautioned
against expanding the program to poverty and putting a band-aid over those poverty issues. She
stated, I want to make sure that we keep that laser-focus so that we don't dilute the program.
Councilmember Broden stated, There is an opportunity here...but we have not defined the
opportunity. The who, what, where,when, why—all of those components, all the questions,the
answers to those—that's where all the really hard work begins. If this is launching that deeper
and wider conversation, I can be very supportive of that. She commended the bill's sponsors for
incorporating changes that were suggested by other Councilmembers and also for not setting a
specific dollar amount for the program's funding, as she expects that those numbers would be
exceeded. She stated, We do need to define what the issues are and what our challenges are so
that we know what the best possible shot at a solution could be. She expressed hope that this
program would work in concert with current programs, such as Councilmember Scott's
downtown program, that have been trying to tackle the panhandling issue already.
Councilmember Dr. Varner stated there needs to be access to other funding besides the City of
South Bend. He stated, I think we should focus on panhandling. I think you need a task force of
thousands for just poverty. Councilmember Dr. Varner stated that if the program tackling
panhandling were successful, maybe aspects of it could in the future be applied to solving
poverty. He emphasized that this should not be viewed as an issue to be solved by only the
municipality,but rather by a combination of institutions.
Councilmember Gavin Ferlic thanked the sponsors for bringing forward this program.
Councilmember Davis stated that he is open to focusing the aim of the program on panhandling.
Councilmember Regina Williams-Preston made a motion to strike from the title of Substitute Bill
No. 17-26 the words "and Poverty" and create a Second Substitute Bill No. 17-26.
Councilmember Karen White seconded the motion which carried by a voice vote of nine (9)
ayes.
Councilmember Scott thanked the sponsors for the resolution, stating that he wants to challenge
the sponsors to delve into the hard work and collaboration necessary to get his job done. He
stated that there has been a lot of talk on the issue of panhandling but lamented that there has so
far been no action. He stated that he believes that between the Council and Administration, there
is enough intelligence to figure out how to accomplish this task and how to fund it.
Councilmember Gavin Ferlic made a motion to adopt Second Substitute Bill No. 17-26.
Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9)
ayes.
17-29 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING THE ISSUANCE OF SCRAP
METAL/JUNK DEALERS/RECYCLING
OPERATION LICENSES FOR CALENDAR
YEAR 2017 PURSUANT TO SECTION 4-51 OF
THE SOUTH BEND MUNICIPAL CODE
8
REGULAR MEETING JUNE 12, 2017
Councilmember Jo M. Broden, Chair of the Health and Public Safety Committee, reported that
they met this afternoon and send this bill forward with a favorable recommendation.
Kareemah Fowler, City Clerk, with offices on the 4th Floor of the County-City Building, South
Bend, IN, served as the presenter of this bill. Ms. Fowler stated, This is procedural. This is a
resolution. The actual scrap metal licenses were approved for all of thirteen (13) entities about a
month ago. This is a straggler. The gentleman changed his operation slightly and thought that he
did not need a scrap metal license, but he found out later on that he did. He actually had a license
last year. It's all been approved by Code Enforcement, the Police Department, and the Fire
Department.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
None from the public wished to speak in favor of or opposition to this bill.
Councilmember Oliver Davis made a motion to adopt Bill No. 17-29. Councilmember Gavin
Ferlic seconded the motion which carried by a roll call vote of nine (9) ayes.
Councilmember Karen White made a motion to hear Bills No. 17-30, 17-31, and 17-32 together.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9)
ayes.
17-30 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING LEASE OF PARKING LOT
LOCATED AT 214-216 WEST WAYNE STREET
17-31 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING LEASE OF BUILDING LOCATED
AT 523 EAST JEFFERSON BLVD.
17-32 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING LEASE OF COMMUNITY ROOM
LOCATED AT 211 SOUTH ST. PETER STREET,
SOUTH BEND, IN 46617
Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they
met this afternoon and send these bills forward with favorable recommendations.
Michael Schmidt, Assistant City Attorney, with offices on the 12th Floor of the County-City
Building, South Bend, IN, stated, I come before the Council following Indiana Statute 36 1-10-7,
which requires Council approval of the resolution of leases that the City enters into for structures
or parking lots. The first of the three (3) leases is Mary Coin Investments, LLC. It's for additional
parking spaces for the City of South Bend employees. There are currently one-hundred and thirty
(13 0) employees in the County-City Building that need parking spaces. We have approximately
fifty (50) or so parking spaces at the lot that we refer to as the "Schillings Lot". This lease is for
$1,400 a month, and that will provide the additional seventy (70)parking spaces necessary for
the City staff. It's a five (5)year term. If the City wishes to renew the lease after five (5) years,
we will be back in front of you with another set of approving signatures. Mr. Schmidt stated that
the second lease is an agreement with what is now Shein Realty, LLC, for the space at 125 South
Hill Street in South Bend. It is a unique lease in that it is a partnership with the ATF Disarm
Task Force. The lease is for$10,175 for the year, but all that is reimbursed from the ATF itself.
The third lease is between the City of South Bend Venues, Parks, and Arts and Zion United
Church of Christ. Due to disruption to the facility that housed the Parks Department Senior
Citizen Activity Center, Zion United Church of Christ has allowed the use of their Community
Room by the Parks Department to provide the services there that were normally provided at the
Senior Citizen Activity Center. The fee for this is $100 a month, and the lease will end March
31St, 2019, which is when the Senior Citizen Activity Center is expected to be rebuilt.
9
REGULAR MEETING JUNE 12, 2017
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
None wished to speak in favor of or opposition to this bill.
Councilmember Davis thanked Mr. Schmidt for bringing this matter to the Council and
encouraged him to do so in the future, in the spirit of collaboration.
Councilmember Broden commended the Parks Department for working so quickly to relocate
Senior Citizen Activity services and thanked Zion United Church for their generous lease terms.
Mr. Schmidt clarified that there were no legal issues regarding the City entering into a lease with
a religious organization as the City is not directly contributing to the religious community. He
stated that Zion United Church is in charge of plowing and clearing the walkways,but the City
had it written into the lease the freedom to supplement those services to make sure that seniors
are being appropriately accommodated.
Councilmember Broden asked if the name of the entity on the second lease needed to be
changed.
Mr. Schmidt stated that the name should be Shein Realty, LLC, and that it should be correctly
written in the body of the resolution.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-30. Councilmember Jo M.
Broden seconded the motion which carried by a roll call vote of nine (9) ayes.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-32. Councilmember Oliver
Davis seconded the motion which carried by a roll call vote of nine (9) ayes.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-31. Councilmember Dr. David
Varner seconded the motion which carried by a roll call vote of nine (9) ayes.
BILLS FIRST READING
BILL NO.
33-17 FIRST READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1709 W.
LINCOLNWAY, COUNCILMANIC DISTRICT
NO. 2 IN THE CITY OF SOUTH BEND,
INDIANA
Councilmember Gavin Ferlic made a motion to send Bill No. 33-17 to the Zoning and
Annexation Committee for Second and Third Reading on June 26th, 2017. Councilmember
Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes.
34-17 FIRST READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 4640 SOUTH
MICHIGAN STREET; 237, 305, AND 313
REASOR STREET; 4647, 4701, 4707, AND
VACANT PARCEL SOUTH AND ADJACENT
TO 4707 FELLOWS STREET; COUNCILMANIC
DISTRICT NO. 5 IN THE CITY OF SOUTH
BEND, INDIANA
Councilmember Gavin Ferlic made a motion to send Bill No. 34-17 to the Zoning and
Annexation Committee for Second and Third Reading on June 26h, 2017. Councilmember Karen
White seconded the motion which carried by a voice vote of nine (9) ayes.
10
REGULAR MEETING JUNE 12, 2017
35-17 FIRST READING ON AN ORDINANCE TO
VACATE THE FOLLOWING DESCRIBED
PROPERTY: EAST/WEST ALLEY FROM PARK
AVENUE TO FIRST NORTH/SOUTH ALLEY
BETWEEN MANITOU AND RIVERSIDE
Councilmember Dr. David Varner made a motion to send Bill No. 35-17 to the Public Works and
Property Vacation Committee for Second and Third Reading on June 20, 2017. Councilmember
Karen White seconded the motion which carried by a voice vote of nine (9) ayes.
36-17 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, FOR BUDGET TRANSFER
FOR VARIOUS DEPARTMENTS WITHIN THE
CITY OF SOUTH BEND, INDIANA FOR THE
YEAR 2017
Councilmember Gavin Ferlic made a motion to send Bill No. 36-17 to the Personnel and Finance
Committee for Second and Third Reading on June 26th, 2017. Councilmember Jo M. Broden
seconded the motion which carried by a voice vote of nine (9) ayes.
37-17 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA,APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2017 OF $40,000 FROM
PARKS FUND (#201), $200,000 FROM MOTOR
VEHICLE HIGHWAY FUND (#202), $100,000
FROM DCI OPERATING FUND (#211), $3,000
FROM GIFT, DONATION, BEQUEST FUND
(#217), $125,000 FROM LOCAL ROADS &
STREETS FUND (#251), $28,000 FROM
INDIANA RIVER RESCUE FUND (#291),
$285,000 FROM PARKS CAPITAL FUND (#405),
$295,000 FROM MORRIS PERFORMING ARTS
CENTER CAPITAL FUND (#416), AND $1,000
FROM ERSKINE VILLAGE BOND FUND (#758)
Councilmember Gavin Ferlic made a motion to send Bill No. 37-17 to the Personnel and Finance
Committee for Second and Third Reading on June 26th, 2017. Councilmember Oliver Davis
seconded the motion which carried by a voice vote of nine (9) ayes.
38-17 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE
OPERATIONS IN 2017 OF $891,089 FROM EMS
CAPITAL FUND (#287)
Councilmember Gavin Ferlic made a motion to send Bill No. 38-17 to the Personnel and Finance
Committee for Second and Third Reading on June 26th, 2017. Councilmember Karen White
seconded the motion which carried by a voice vote of nine (9) ayes.
UNFINISHED BUSINESS
There was no unfinished business this evening.
NEW BUSINESS
11
REGULAR MEETING JUNE 12, 2017
Councilmember Oliver Davis stated that if anyone wanted to join him in sponsoring the text
amendment proposed by Angela Smith, he is welcome to it.
Councilmember Tim Scott announced that on June 14th, 2017 at the New Northwest
Neighborhood Association, at 6:30 p.m., there would be more discussion on duck ponds.
Councilmember Scott also announced that the State FOP meeting is in South Bend, at which
National FOP members will be present as well.
Councilmember Karen White stated that it has come to her attention that some citizens feel that it
is a waste of time to come to Council meetings because the Council does not respond to them. To
that end, she stated that she would meet with members of the Council to figure out how to better
respond to citizens.
PRIVILEGE OF THE FLOOR
Sharon Banicki, 3822 Ford Street, South Bend, IN,thanked the department heads and
Councilmembers that were present at Mayor's Night Out at Harrison School. Ms. Banicki stated
that she found most of the department heads approachable and that the event was enjoyable. She
stated that she has been working with Ed and Randy from Code Enforcement and has found the
experience very satisfying, adding that they need to be commended for the way in which they
work with and for the City.
Jesse Davis, P.O. Box 10205, South Bend, IN, stated that citizens have brought up issues to the
Council for a long time and few resolutions have been written to solve these issues. Mr. Davis
stated that these issues are often dusted under the rug. He stated that things like the Citizens
Review Board never came to fruition, and as a result citizens don't trust the Council to
acknowledge or solve the problems they bring to them. He also pointed out that because of this,
many things going on in places like the Police Department or even South Bend schools are only
reported anonymously and are not properly disseminated to the public. He stated, When you've
got things being covered up like teachers having sex with students, students hazing other
students by putting their fingers in their rectums—and they're not punished. They're allowed to
transfer to another school in a different county so they can finish their sporting careers. This is
stuff the public should know. The parents who have children in these schools should know
what's going in these schools. This stuff has just been put in a closet and locked away.
Jason Banicki-Critchlow, 3822 Ford Street, South Bend, IN, stated that the increase in the
Dispatch Center's staff should not be something that takes time. He stated that it needs to happen
immediately, as they are the people that help keep our communities safe.
ADJOURNMENT
There being no further business to come before the Council, President Tim Scott adjourned the
meeting at 8:52 p.m.
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