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HomeMy WebLinkAbout08-28-17 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 August 28, 2017 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: TIM OTT qi�Wll) VARNER APPROVED BY THE COMMON COUNCIL ON: September 25, 2017 ATTEST: REEMAH FO WI R, CITY CLERK REGULAR MEETING August 28, 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 August 28th, 2017 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation was given by Pastor Andre Stoner of the Kern Road Mennonite Church and Pledge to the Flag was given. ROLL CALL COUNCIL MEMBERS: Tim Scott 1St 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 Clerk Executive Assistant Bob Palmer Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Karen White made a motion that the minutes of the August 14th, 2017 meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS BILL NO. 17-55 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL HONORING STEEL WAREHOUSE FOR ITS LONG-TERM COMMITMENT TO THE COMMUNITY AND WISHING CONTINUED SUCCESS AS A VIABLE AND ONGOING BUSINESS Councilmember Dr. David Varner served as the presenter of this bill. Councilmember Dr. Varner read for the Council and public the text of the resolution. Ted Lerman, Vice President of Steel Warehouse, 1220 Ridgedale Road, South Bend, IN, stated that he accepts graciously, on behalf of his family and the employees of Steel Warehouse, the appreciation offered by the City and its Council. Mr. Lerman stated that he has a good team and that the community has always been gracious to them. Mr. Lerman stated, We love it here in South Bend. We hope we can continue to grow and add more employment here in town. 1 REGULAR MEETING August 28, 2017 Councilmember Regina Williams-Preston stated, Thank you so much for your longstanding investment in our community. It's businesses like yours that keep us great. Thank you. Councilmember Randy Kelly stated, With all of the business and economic pressures since 1947, what you've accomplished is truly formidable and so, so impressive. It's a real point of pride for us that you're located here, in South Bend, Indiana. So, thank you so much for all you've done. Councilmember Jo M. Broden stated, Happy Birthday, and continued prosperity to your company and to your workers. I'm very well aware of your philanthropy throughout the community. Thank you. Great work; appreciate it. Our paths, as a company, crossed over forty (40) years ago, and just going to enter it into the record—I delivered the newspaper for a six (6) year period on Riverside Drive. So, it was a wonderful relationship then, and I look forward to a continued relationship and benefit to the City of South Bend. Councilmember Oliver Davis stated, Thank you so much. It's great to see all that you do. As the District Member from the 6th District, I get a chance to see a lot of your work over these years, because you're on the southwest side with all of us. So,thank you so much for being such a valuable person in our community. Councilmember John Voorde stated, Congratulations and best wishes for continued success. Councilmember Gavin Ferlic stated, Congrats and thanks for all the great things you do. Councilmember Karen White stated, Congratulations. To just think about seventy (70) years in this community: your commitment not only to your employees but to the City of South Bend. I heard about the party that was held at the Century Center, as a number of our members that attend the church that I do, they work for your company, and they have always given you high marks. So, again, congratulations. Councilmember Tim Scott stated, Thank you for coming in around the 1St District, on the northwest side, as well. It's just amazing that a local business—how you guys succeeded and what you gave back to the community—it's incredible. I wish you success and seventy(70) more years, and hopefully you guys are back before another Common Council, receiving another award. So, thank you so much for what you've done. 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 from the public wishing to speak in favor of this bill: Samuel Brown, 222 East Navarre Street, South Bend, IN, was thankful for Steel Warehouse's contribution to employment in South Bend. None from the public wished to speak in opposition to this bill. Councilmember Gavin Ferlic made a motion to adopt by acclamation Bill No. 17-55. Councilmember Oliver Davis seconded the motion, which carried by a voice vote of nine (9) ayes. REPORTS OF CITY OFFICES Representing the City Administration: Suzanna Fritzberg, Deputy Chief of Staff RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:17 p.m. Councilmember Karen White made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Gavin Ferlic, Chairperson, presiding. 2 REGULAR MEETING August 28, 2017 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. 47-17 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHERN PORTION OF THE NORTH/SOUTH STREET EAST 213 FEET OF EAST RIGHT OF WAY OF SOUTH TAYLOR ST. AND RUNNING SOUTH 250 FEET FROM SOUTH RIGHT OF WAY OF WEST WESTERN AVE, TO INCLUDE A PORTION RUNNING 34 FEET FROM WEST RIGHT OF WAY OF WILLIAM ST TO SOUTH RIGHT OF WAY OF SOUTH WILLIAM ST. Councilmember John Voorde, Chair of the Public Works and Property Vacation Committee, reported that the committee had no quorum, therefore no decisions were made regarding Bill No. 47-17. Joe Hart, South Bend Cubs, 501 West South Street, South Bend, IN, served as the presenter of this bill. Mr. Hart passed out to the Council diagrams pertaining to the presentation. Mr. Hart stated, We are asking for the vacation of the Wayne Street cul-de-sac, which sits to the west of our team store, and then also to the north of the ball park where it currently dead-ends into the concourse of Left Field. We've been working with the City on this in hopes of doing this vacation. We're looking at relocating our Fun Zone area to the other side, enhancing the ball park. Mr. Berlin is looking at investing another$300,000 into a City-owned asset for this. This will give us the ability to expand more of the ball park. The current Fun Zone area can become more picnic space, which will give us the ability to host more people. We're on the verge of setting another attendance record. Part of our issue is that we're kind of running out of space inside the footprint, so this will give us the ability to do that. Also, in addition, some of those inflatables would be pretty tall and block some of the views of the new apartments that are going in as part of the new development. I appreciate your help on this and consideration. Mr. Hart continued, I know there were some questions asked earlier today, one (1) in regards to Mr. Jaworski parking in front of his house. Actually, I had the opportunity to speak with Mr. Jaworski yesterday, for quite a bit, and just kind of shared some ideas and told him we'd be very respectful. Actually, his daughter, Amy, is here tonight, and we have had the opportunity to meet and talk briefly, as well. We want to be respectful, there. We want to be very respectful of their neighborhood, as well. They've been there longer than us, and we certainly respect that. For us, in regards to the parking—we did some research, and back in May, 2012,the Board of Public Works granted the permitting for the street signs for parking in front of their house. So, on game nights, you must have the pass—the permit—to park there. Obviously, from our standpoint, that would not change. We have no intention of that. What we're looking at—expanding the Fun Zone—doesn't go out that far through their property. So, from our end, there would be no change. In talking with Rich Estus,the only way that would change is if the Board of Public Works wanted to change that. It would have nothing to do with us or Mr. Jaworski. In regards to the historic preservation of the synagogue, we went to the Preservation office this afternoon. It is not a local historic preservation site. It is designated on a State level, but for fagade only. Unless we were doing work to the building itself, it would not put anything in jeopardy from that standpoint. Councilmember Oliver Davis asked, Could you go over the fact that you shared this afternoon about the issue of your request tonight being more of a public issue—that it's still owned by the Park Department? 3 REGULAR MEETING August 28, 2017 Mr. Hart explained that expanding the facility would be granting more park space to the City, as it is a Parks and Recreation facility. Councilmember Davis asked, Can you share what you've already invested like you did today, in terms of last year? Mr. Hart responded, With rent and then our ticket surcharge, typically we're around $120,000 a year. The ticket surcharge is based on attendance numbers at the ball park—and, again, expecting to break that; we expect that to be more this year, as well. In addition to that, Mr. Berlin has invested close to $8,500,000 in the City-owned facility since he purchased the ball park back in 2011. It's a great facility, it's something that we're very proud of, and we want to make sure the City of South Bend and the citizens here continue to be proud of that facility. I think as you know, every year we intend to do some stuff and make improvements. That's going to be something that we continue to do. Councilmember Davis stated, You mentioned something that caught my attention: you said he's going to invest$300,000 into another asset in this City. Mr. Hart responded, For us to move the funds down to do the work—add the fencing and all that—that would be $300,000. Councilmember Davis stated that he wanted to hear from the neighbor's daughter, Ms. Jaworski. Amy Jaworski, 415 Williams Street, South Bend, IN, stated that her main concern is that she be able to keep her ability to park, as the street is small and she lives right next to the ball park. 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 from the public wishing to speak in favor of this bill: Aaron Perri, Executive Director of Venues, Parks, and Arts, 321 East Walter Street, South Bend, IN, stated, We're extremely enthusiastic about the continued investment by Andrew Berlin, his team—the manner in which they made the investments have been extraordinary. Locally, Joe Hart and his team have taken great lengths to ensure that the projects are respectful of the neighborhood, but that also meet our goals. So, as the Department of Venues, Parks, and Arts, we're wildly enthusiastic about the continued improvements and are equally supportive of this one (1), which will increase the size of our public asset. None from the public wished to speak in opposition to this bill. Councilmember Karen White made a motion to send Bill No. 47-17 to the full Council with a favorable recommendation. Councilmember Randy Kelly seconded the motion which carried by a voice vote of nine (9) ayes. 48-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING A SECTION OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS Councilmember Karen White made a motion to continue Bill No. 48-17 to September 11th, 2017. Councilmember Jo M. Broden seconded the motion which carried by a voice vote of nine (9) ayes. 49-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA,AMENDING SECTION 4-51 OF CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LICENSING AND REGULATION OF SCRAP 4 REGULAR MEETING August 28, 2017 METAL, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS 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. Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as the presenter of this bill. Councilmember Davis explained that the proposed amendment to the ordinance in question would eliminate the prohibition of Sunday business hours for scrap metal dealers,junk dealers, valuable metal dealers, and recycling operations, thereby permitting such business on Sundays. He stated that there were other legal changes made, deferring to Council Attorney Bob Palmer. Bob Palmer, Council Attorney, with offices on the 4th Floor of the County-City Building, South Bend, IN, stated, There were some outdated statute references in the ordinance, as it was. We updated those statutory references and we also updated definitional changes from the State statutes from what they were when the ordinance was passed, way back when, to the new ordinance. 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 John Voorde made a motion to send Bill No. 49-17 to the full Council with a favorable recommendation. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Tim Scott 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 7:28 p.m. Council President Tim Scott presided with nine (9) members present BILLS—THIRD READING BILL NO. 47-17 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHERN PORTION OF THE NORTH/SOUTH STREET EAST 213 FEET OF EAST RIGHT OF WAY OF SOUTH TAYLOR ST. AND RUNNING SOUTH 250 FEET FROM SOUTH RIGHT OF WAY OF WEST WESTERN AVE, TO INCLUDE A PORTION RUNNING 34 FEET FROM WEST RIGHT OF WAY OF WILLIAM ST TO SOUTH RIGHT OF WAY OF SOUTH WILLIAM ST. Councilmember Karen White made a motion for the passage of Bill No. 47-17. Councilmember Dr. David Varner seconded the motion which carried by a roll call vote of nine (9) ayes. 5 REGULAR MEETING August 28, 2017 49-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING SECTION 4-51 OF CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LICENSING AND REGULATION OF SCRAP METAL, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS Councilmember Gavin Ferlic made a motion for the passage of Bill No. 49-17. Councilmember Dr. David Varner seconded the motion which carried a by a roll call vote of nine (9) ayes. RESOLUTIONS Councilmember Karen White made a motion to read Bills No. 17-44, 17-45, 17-46, and 17-47 together. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 17-44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, WAIVING NONCOMPLIANCE WITH TAX ABATEMENT PROCEDURES FOR REAL PROPERTY COMMONLY KNOWN AS 5245 DYLAN DRIVE, SOUTH BEND, INDIANA FOR CBK LAND DEVELOPMENT, LLC 17-45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, WAIVING NONCOMPLIANCE WITH TAX ABATEMENT PROCEDURES FOR REAL PROPERTY COMMONLY KNOWN AS 1902 WEST SAMPLE STREET, SOUTH BEND, INDIANA FOR VIDA REALTY, LLC 17-46 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, WAIVING NONCOMPLIANCE WITH TAX ABATEMENT PROCEDURES FOR PERSONAL PROPERTY LOCATED AT 5245 DYLAN DRIVE, SOUTH BEND, INDIANA FOR CHASE PLASTIC SERVICES, INC. 17-47 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, WAIVING NONCOMPLIANCE WITH TAX ABATEMENT PROCEDURES FOR REAL PROPERTY COMMONLY KNOWN AS 402 NORTH SHERIDAN STREET, SOUTH BEND, INDIANA FOR MANUFACTURING TECHNOLOGY, INC. C� REGULAR MEETING August 28, 2017 Councilmember Tim Scott gave a disclaimer regarding Bills No. 17-44 and 17-46, stating that his business purchases materials from Chase Plastic. Councilmember Scott stated, However, per legal counsel, there's no advantage to me and myself in that purchase, so therefore I can vote on these. Councilmember Regina Williams-Preston, Chair of the Community Investment Committee, reported that they met this afternoon and send all four (4)bills forward with a favorable recommendation. Dan Buckenmeyer, Director of Business Development, 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. Buckenmeyer stated, Tax abatements are just one (1)tool in aiding our community growth and vibrancy. Like many of our tools, they involve a fair amount of paperwork. We're here because of a clerical error in submitting paperwork. The reason I'm here from DCI is because,really, I think the culpability is shared between our department—which had some breakdowns in getting the paperwork and following up—and it's shared with the companies, of course. Nonetheless, we're fixing the process on both ends. We're asking the Council to approve a waiver in each of these cases to allow these great South Bend businesses to move forward, if the abatement's granted—maintaining a focus on growing, investing, and creating more jobs and success in the City of South Bend. Councilmember Oliver Davis asked, In terns of your understanding of how we're going to— from our conversation we had about us correcting this issue and also making a presentation before us to address the way you have corrected it--could you elaborate on what you're understanding is about that? Mr. Buckenmeyer responded that DCI will be ready to give a comprehensive presentation to the Council illustrating"that the gaps have been filled." Councilmember Jo M. Broden asked, At what point of the process are the forms actually given to the prospective companies? At the very initial tax abatement discussions? Mr. Buckenmeyer responded, There are forms at the beginning. There's a final letter of agreement that they receive that outlines what forms they need to submit each year. Some of those are submitted to—this is another sort of breakdown in the system is that they need to be submitted to different places. Some to the Auditor, some to other offices in the City, and so on. So, we're trying to really streamline that whole process so it can be centralized. A lot simpler, a lot more customer friendly, frankly, for the companies that we work with. Councilmember Broden asked, And are these one (1)page forms, two (2)page forms—the ones that we have noncompliance on? Mr. Buckenmeyer responded, There are two (2)to three (3) page forms that go into great detail about—in personal property cases—the investment, depreciation, and equipment. Similar information on the real property side. So, they're very detailed. Councilmember Broden asked, And,typically, when these are returned to the City, regardless of their final destination, would generally the chief financial officer be responsible for that? What do you see? What has been the process? Mr. Buckenmeyer asked, The chief financial officer in the company, or...? Councilmember Broden responded, For the company; correct. Is that typically who submits these, or is it all over the map? Mr. Buckenmeyer responded, I think it varies for each respective company. Councilmember Davis stated, The question is not so much necessarily toward the presenter, but our Clerk made a nice statement today that I thought added to this discussion, regarding her role in this. Councilmember Tim Scott asked, Would you like Ms. Fowler to make that statement? Councilmember Davis responded, Yes. 7 REGULAR MEETING August 28, 2017 Clerk Kareemah Fowler stated, Basically, we worked with DCI and Councilmember Ferlic, a few months ago, about compliance issues in regards to the CF-1's and the noncompliant waivers, and was an instrumental part in the process-matching,just to figure out where the gap was. There are certain forms that, by statute, by City Code, they're supposed to be filed with the Office of the City Clerk. At one (1) time, I think under previous department heads, it was contracted out and then it came back in-house. So,there was a little bit of confusion on who was supposed to get the documents. Some of them were filed directly with the auditors and some of them were filed with the Clerk's Office. Alkeyna has met with Angela, and they've gone through all the documents for the last two (2) years and made sure that everything that the auditors have, everything that the Council has and we have on file, and DCI, is all the same. The process, going forward, I think is a very good, workable process. Councilmember Davis thanked Clerk Fowler for her statement. Councilmember Scott asked Mr. Buckenmeyer, Do you know of any other companies that might come before us for a waiver between now and the end of the year? Mr. Buckenmeyer responded,No, sir. Councilmember Scott asked the Council if it wanted to hear from the other petitioners. Councilmember Davis stated, I would just like to note that the records that they shared this afternoon, that's been documented, and that that would be noted as their rationale of why this situation may have occurred. 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 Karen White made a motion to adopt Bill No. 17-44. Councilmember Gavin Ferlic seconded the motion which carried by a roll call vote of nine (9) ayes. Councilmember Oliver Davis made a motion to adopt Bill No.17-45. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. Councilmember Oliver Davis made a motion to adopt Bill No. 17-46. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. Councilmember Oliver Davis made a motion to adopt Bill No. 17-47. Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 17-52 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AMENDMENT TO THE LEASE OF A BUILDING LOCATED AT 209 N. MAIN STREET, SUITE 207, SOUTH BEND, INDIANA 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. Michael Schmitt, Assistant City Attorney, with offices on the 12th Floor of the County City- Building, South Bend, IN, served as the presenter of this bill. Mr. Schmitt stated, This is an amendment to a prior existing lease agreement. The City has been utilizing this building for a number of years. I believe we're going on about ten (10) years. The tenant in the Water Works Division is happy there. There are twelve (12) employees there that utilize this space. They are in the Finance and Billing Departments,per the Water Works utility. It's conveniently located right across the street from the customer service and payment center, and it's been a relationship that they wish to continue with the landlord. The term of this lease is for three (3) years. The first year rate is actually the exact same as what it's been in prior years, and then each year after that there's approximately about a$1,000 to $1,200 increase. Relatively minimal. As it breaks down to the square footage, it's $1.12 per square foot of office space, which is, again, a very attractive rate. One (1) of the key provisions of this amendment to the lease is the termination provision. In 8 REGULAR MEETING August 28, 2017 case the City elects to terminate this lease—if it decides to build new office space or to move the current twelve (12) employees to a different space in the City—there's a two (2) month penalty payment with six (6) months' notice, and then a commission that must be paid, which is four percent (4%) of the aggregate base rate. This comes out to about $2,300, plus the two (2) months' rent. I would further represent that the City has complied with the Indiana State statute. It has provided the Council with fifty(50) signatures of property owners in the community who are in support of this lease. We ask that you sign off and ratify this lease so that we can continue this relationship with 207 North Main, for the next three (3) years. Councilmember Oliver Davis asked, That termination clause was not in the last agreement? Mr. Schmitt responded, It was more of what I would call a"traditional"termination provision. This has been negotiated down, because there have been some discussions with the City on whether or not we want to continue operating out of this space for the next three (3) years. It has probably been presented before Council before,but we're looking at the best ways to manage our workforce,to manage the space and where their offices are. So, it's just something that the Legal Department and the different teams of the City are paying attention to. 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 from the public wishing to speak in favor of this bill: Jesse Davis, P.O. Box 10205, South Bend, IN, stated that he is in favor of the City being able to terminate a lease agreement prematurely,but also inquired if the list of fifty (50) signatures Mr. Schmitt referenced is accessible by the public. Councilmember Scott confirmed that it is. None from the public wished to speak in opposition to this bill. Councilmember Dr. David Varner made a motion to adopt Bill No. 17-52. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. 17-53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF INDIANAPOLIS, INDIANA, DEPARTMENT OF PUBLIC SAFETY AND CITY OF SOUTH BEND FIRE DEPARTMENT REGARDING INDIANA TASK FORCE ONE 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. Stephen Cox, Fire Chief, South Bend Fire Department, with offices at 1222 South Michigan Street, South Bend, IN, served as the presenter of this bill. Chief Cox was joined at the podium by Battalion Chief Chris Baker, Assistant Director of the Indiana River Rescue School. Chief Cox stated, Tonight, we come and respectfully request the Council to approve this resolution, allowing the South Bend Fire Department to participate in training, deployment, and other activities with Indiana Task Force One, which is administered through the Indianapolis Fire Department in the City of Indianapolis. This comes with a lot of different benefits to the City of South Bend, along with: training; federal monies; monies for backfill on deployments, etc,that we might be able to take place in; an experience that our team members would be able to engage in on deployments and be able to bring that experience back here, assisting us with any sort of local deployment, as well. Councilmember Oliver Davis asked, Could you give us a short history of about how this came to pass? And could you explain what us being able to receive backfill dollars specifically means? Chief Cox responded, If I could start with the second question first, I'll let Chief Baker go ahead and take the other one (1). `Backfill"is basically when we send individuals from the Fire 9 REGULAR MEETING August 28, 2017 Department out on deployment, such as Hurricane Harvey. Right now, Indiana Task Force One is in Houston performing search and rescues operations, currently. So, when those individuals from our team or our department deploy to other parts of the country because of a natural disaster or other event, basically what happens is they're not here to be able to work shifts at our department. So, they typically will have to be filled with overtime positions. Being a part of Indiana Task Force One, or part of the FEMA task force, allows the department to bill the federal government—and FEMA, specifically—for not only the wages and benefits of the individuals that are away on deployment, but also to cover the backfill—the overtime costs—associated with filling their positions locally while they're away. Chief Baker responded, So,this has been a work in progress for some time. As you know, we have the Indiana River Rescue School right here in South Bend, which brings numerous members from all over the country that are on teams—such as Indiana Task Force One—here for our water rescue training. So, having that facility, a lot of these teams recognize our abilities to provide assistance to them with our instructors. Over the course of several months of working through that, they had realized that it would be a good partnership. What we are also trying to accomplish out of this is to become a FEMA task force—so, a federally recognized center for training excellence in swift water rescue. By doing so, we anticipate bringing in all of the members from the different twenty-eight(28) FEMA teams to our City to train in water rescue. Councilmember Davis asked, Are we the only one (1) in the state that has a source of water? Chief Baker responded, Well, right now, Indy Task Force One, they have a swift water team that can go out, and then we would be the next one (1)to go out. Councilmember Davis asked, They train here, though? Chief Baker responded, Yes: Councilmember Davis asked, We're the only location that they train at? Chief Baker responded, Yes, yes. We are probably the premiere training facility for swift water rescue, flood response—we're the premiere training center in the Midwest. We draw people from all over the country here. We train approximately two-hundred (200) plus people here annually in our school, and then we host a water rescue conference, that's actually coming up at the end of this month, where we will have members that have responded to these types of disasters. Councilmember Jo M. Broden stated, I thank you for seeing this opportunity to go for this FEMA designation. I thank you for seeing that opportunity and going for it and bringing it before the Council today. 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 from the public wishing to speak in favor of this bill: Samuel Brown, 222 East Navarre Street, South Bend, IN, stated that he has had experience with the deployment of which Chief Cox spoke. Mr. Brown encouraged the Council to adopt the bill. Chief Scott Ruszkowski, South Bend Police Department, 701 West Sample Street, South Bend, IN, stated that this measure would benefit more than the Fire Department and would have a positive effect on the Police Department. Linda Carter, 1606 West Sample Street, South Bend, IN, stated that she appreciates the efforts of Indiana Task Force One. Ms. Carter stated, We had to call my niece several times to make sure she was out of Houston. She lived right in the eye of the storm and she got out safely, and she's in Illinois now. It would be such a shame for their families to suffer here because they moved to help our families there. I hope they get what they need so they can take care of themselves as they go out and take care of others. None from the public wished to speak in opposition to this bill. 10 REGULAR MEETING August 28, 2017 Councilmember Tim Scott stated, Just one (1) comment: my niece, nephew, and their baby were water rescued just earlier today in Houston. Councilmember Dr. David Varner made a motion to adopt Bill No. 17-53. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of nine (9) ayes. 17-54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL FOR THE UPCOMING FIRE DEPARTMENT NEGOTIATIONS 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. Councilmember Tim Scott served as the presenter of this bill. Councilmember Scott stated, This is a resolution of the Common Council to appoint our agent and negotiator, Bob Palmer, our legal counsel,to represent us during the Fire negotiations. Councilmember Scott proposed an amendment to the bill. Councilmember Gavin Ferlic made a motion to accept the amendments to Bill No. 17-54. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 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 Gavin Ferlic made a motion to adopt Bill No. 17-54 as amended. Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9) ayes. BILLS FIRST READING BILL NO. 50-17 FIRST READING ON AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2018 Councilmember John Voorde made a motion to send Bill No. 50-17 to the Personnel and Finance Committee and the full Council for Second Reading on September 25th, 2017 and Third Reading on October 9th, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 51-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING 11 REGULAR MEETING Auzust 28, 2017 JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember John Voorde made a motion to send Bill No. 51-17 to the Personnel and Finance Committee and the full Council for Second Reading on September 25th, 2017 and Third Reading on October 9th, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 52-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. Councilmember John Voorde made a motion to send Bill No. 52-17 to the Personnel and Finance Committee and the full Council for Second Reading on September 25th, 2017 and Third Reading on October 9th, 2017. Councilmember Randy Kelly seconded the motion which carried by a voice vote of nine (9) ayes. 53-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 16, ARTICLE 2, AT SECTIONS 16- 6 THROUGH 16- 9 AND 16- 12; ARTICLE 3, AT SECTION 16- 24; ARTICLE 6, AT SECTION 16- 48(m); ARTICLE 8,AT SECTIONS 16- 55- 56 AND 16- 59 (b) TO ADDRESS PROCEDURES AND FEES RELATED TO TRASH, REFUSE, AND OTHER SOLID WASTE COLLECTION AND DISPOSAL Councilmember John Voorde made a motion to send Bill No. 53-17 to the Public Works and Property Vacation Committee and the full Council for Second and Third Reading on September 11th, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 54-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION' S 2018 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION 12 REGULAR MEETING August 28, 2017 CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2018 Councilmember John Voorde made a motion to send Bill No. 50-17 to the Personnel and Finance Committee and the full Council for Second Reading on September 25th, 2017 and Third Reading on October 9th, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 17-48 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1206 DUNHAM ST. Councilmember Karen White made a motion to send Bill No. 17-48 to the Area Board of Zoning Appeals for the September 6th, 2017 meeting and to the full Council for Third Reading on September 11, 2017. Councilmember Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes. 17-49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 4321 S. MICHIGAN STREET Councilmember Gavin Ferlic made a motion to send Bill No. 17-49 to the Area Board of Zoning Appeals for the September 6th, 2017 meeting and to the full Council for Third Reading on September 11, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 17-50 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 315 NORTH MAIN STREET Councilmember Gavin Ferlic made a motion to send Bill No. 17-50 to the Area Board of Zoning Appeals for the September 6th, 2017 meeting and to the full Council for Third Reading on September 11, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. 17-51 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 602 COLFAX Councilmember Gavin Ferlic made a motion to send Bill No. 17-51 to the Area Board of Zoning Appeals for the September 6th, 2017 meeting and to the full Council for Third Reading on 13 REGULAR MEETING August 28, 2017 September 11, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Karen White invited the public to attend the fourth Budget Hearing to be held on August 30th, 2017 at 5 p.m., where representatives of TRANSPO and the South Bend Police Department will be present. Councilmember Dr. David Varner stated that the effort to curb panhandling should be a citywide effort. Councilmember Oliver Davis agreed, suggesting that consideration be made during the budget hearings to divert funds toward the effort. Councilmember John Voorde congratulated Councilmember Gavin Ferlic on his wedding. Councilmember Oliver Davis confirmed that Mayor's Night Out will be taking place on Au ugst 30th, 2017 at Adams High School. PRIVILEGE OF THE FLOOR Samuel Brown, 222 East Navarre Street, South Bend, IN, stated that he was honored to have served attended the Human and Civil Rights Meeting in Indianapolis. Additionally, Mr. Brown stated that he found the panhandling problem difficult to solve. He stated that, having grown up on welfare, he could not refuse a homeless person money if he had it on hand. He urged the Council to get the policies on panhandling right, because the homeless need help. Jesse Davis, P.O. Box 10205, South Bend, IN, asked the Council to keep the public informed on what is going on with the "Police tape issue,"now that it has returned to the local court system. Speaking on the homelessness issue, Mr. Davis stated that it is technically legal for a homeless person to hold up a sign asking for money or food, and that the City is discriminating against them by putting up signs instructing citizens not to give. He stated that the mental health of the homeless needs to be addressed, and that it so far has not been on the agenda. Rod Goodchild, 837 South 24th Street, South Bend, IN, announced that there are now sixteen (16) spirit animal carvings in Potowatomi Park. Linda Carter, 1606 West Sample Street South Bend IN stated that she found the South Bend Working Group's report on chronic homelessness to be excellent. Ms. Carter suggested that vacant homes in South Bend be used to house those who are chronically homeless. She explained that she represents a program that offers education in home maintenance, as well as the maintenance of a community garden. She stated that the program also offers bikes for those who cannot legally drive, and puts on an open house and graduation ceremony that applauds their efforts in the community. Donald Sales, Canadian National Railway, with offices in Homewood, IL, stated that he was present on behalf of Ms. Carter's initiative to help with the homelessness issue in South Bend. Mr. Sales stated that CNR has helped to fund Ms. Carter's initiative. He stated, Whatever program she has put together, me, myself, along with other railroaders will help to rehab homes, clean homes, whatever is necessary to get done. He revealed that he had once been homeless, stating that many amongst the homeless have many talents that need help to be brought out. Mary Mason, 1836 Peachtree Lane, South Bend, IN, laid out a timeline of the evolution of the Echoes development project, wherein Ms. Mason put forth that the developer is not taking the views of the neighborhood residents seriously enough; that compromise has not come about. Benjamin Redman, 1334 King Street, South Bend, IN, stated Ms. Carter had reached out to him to train homeless people who were approved for her program. He had nothing but adulation for Ms. Carter and the program, stating that he was happy to help. Mr. Redman added that, being from Seattle, he considered panhandling effectively impossible to completely eliminate. He stated, Addressing the homeless in other ways than just telling them not to beg is really how you 14 REGULAR MEETING August 28, 2017 need to address the majority. There's some people that you'll never get to change their lifestyle, but there's many homeless people you can help through initiatives like this or mental heatlh or whatever else they need, to lessen the issue. Housing is a big issue. I don't think you want to see tent cities like there are in Seattle. It's a blight on Seattle, but it's the best they have. Addressing it now before it gets to that is really important. Chief Scott Ruszkowski, South Bend Police Department, 701 West Sample Street, South Bend, IN, stated, The Council asked for it and the Council is receiving it: commendation versus condemnation. You want to know about officers performing phenomenally? Here's an example. Last Thursday, 9:30, Stanley Clark—you read the newspaper, you saw it on the media. This is something that was a volatile situation. It could have been—it may have been a lot worse than what it was, but due to the resolve, the professionalism, the integrity of the officers that were involved—I was there, I saw it first hand—that could have been a heck of a lot worse than what it was. That came out in the best-case scenario. So, I think, with that being said, I put it back to the Council. You asked for it, through Health and Public Safety. Even just passing on the sidewalk you'd ask to be made aware. The Board of Public Safety: you also received a copy of all the commendations from the last month. I'm waiting on July, which you'll receive shortly. There you have it. Thank you, and the ball is your court. Sharon Banicki, 3822 Ford Street, South Bend, IN, stated, I don't know what can be done, but the panhandlers are everywhere, and there are a few that have taken up residence on Mayflower and Western, and they'll be out there at 9, 10, 11 o'clock at night standing in the median. It's not safe for them, it's not safe for the drivers. Something needs to be done before somebody gets hurt. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 8:32 p.m. 15