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HomeMy WebLinkAbout07-23-18 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 July 23, 2018 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: TJM, SCOTT YESHMA APPROVED BY THE COMMON COUNCIL ON: August 13, 2018 ATTEST: KAAEEMA-H FOWLER, CITY CLERK ��� �� �r �, I I� u a �� 6 L 1 Ai "I �I REGULAR MEETING July 23, 2018 Be it remembered that the Common Council of the City of South Bend,Indiana met in the Council Chambers of the County-City Building on Monday, July 23`d, 2018 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation (Rev. David Warui, Christian Church International) and Pledge to the Flag were given. ROLL CALL COUNCIL MEMBERS PRESENT: Tim Scott 1"District, President Regina Williams-Preston 2nd District Sharon L. McBride 3`d District Jo M. Broden 4th District Jake Teshka 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 Bianca Tirado Deputy Clerk Graham Sparks Clerk Executive Assistant Aladean DeRose Assistant City Attorney David Boling Public Relations Intern REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Gavin Ferlic made a motion that the minutes of the July 9 1h 2018 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 There was no special business. REPORTS OF CITY OFFICES Representing the City Administration: Suzanna Fritzberg, Deputy Chief of Staff RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:06 p.m. Councilmember Karen White made a motion to resolve into the Committee of the Whole. Councilmember Gavin Ferlic 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. 1 REGULAR MEETING July 23, 2018 PUBLIC HEARINGS BILL NO. 14-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember John Voorde,Vice Chair of the Zoning and Annexation Committee,reported that they met this afternoon and send this bill forward with an unfavorable recommendation. Jordan Wyatt, Zoning Planner for the Area Plan Commission with offices on the 1 lth floor of the County-City Building, South Bend, IN, served as the presenter of the bill. Mr. Wyatt stated, The petitioner is requesting a zone change in the area outlined in red(referencing a presentation which is available in the City Clerk's Office) from LB, Local Business to CB, Community Business as well as seeking a special exception use for automobile sales. To the , across an alley is a vacant business zoned LB, Local Business. To the East across Michigan Street are Single-Family homes zoned MU, Mixed-Use. To the South is a Family Dollar zoned LB, Local Business. To the West across an alley are properties zoned LI,Light Industrial.On site,currently,is a carry-out restaurant. The site plan shows the parking remaining to service the restaurant as well as the used cars. The Department of Community Investment offered an unfavorable recommendation. They commented it was out of character for this neighborhood. They proposed five (5) written commitments that, after the Area Plan Commission meeting, the petitioner agreed to. Those five (5) include limiting the number of vehicles to twenty-seven (27), in lieu of foundation landscaping adding one (1) or two (2) replacement trees in the public tree lawn, in lieu of providing full parking lot screening provide landscape areas with three (3) sight hedges in the northeast corner of the lot, install landscape islands to separate the restaurant parking spaces from the display space and bring the fence into compliance without barbed wire. This comes to you with an unfavorable recommendation from the Area Plan Commission. Bernie Feeney, Lang, Feeney & Associates with offices located at 715 South Michigan Street, South Bend, IN, served as the petitioner for this bill. Mr. Feeney stated, I am here on behalf of the owners of JJ Fish. Currently, as Area Plan had mentioned, this particular piece of property is operating under its current zoning as a restaurant. It is one (1) of three franchises operated by the owners locally. Another is on Lincoln Way and the other is on Edison Road. We are asking for a rezoning on this property to allow fuller use of the property including used auto sales. The owners have offered commitments to accompany this rezoning in compliance with those recommendations by the Department of Community Investment. There will be a maximum of twenty-seven(27) cars on the property at any given time. There will be islands to separate the restaurant patrons and the auto sales patrons.They will provide landscaping in front of the building and the tree lawn between the sidewalk and curb and they will remove the fence to move it back to make it even with the front of the building. The cars that will be offered for sale will be purchased at the Kalamazoo and Mishawaka Auto Auctions and will be offered for sale on this site. The car lot will not, under any circumstances, be operated as a `Buy Here, Pay Here' used car lot. The cars will be financed through a finance company. The owners are, in this particular instance, looking for an opportunity to use their property more fully with the addition of the used car sales at this location. The change in zoning would still serve as a buffer between the Light Industrial Zoning on the West and the Mixed-Use on the East. Councilmember Oliver Davis stated, I'm sorry I was not here this afternoon. Mr. Feeney, what is your understanding of why there is objection to this? Mr. Feeney replied, My understanding of the objection to this attempted rezoning of this property is that there are already enough used car lots in the South Michigan Street area.At the meeting this afternoon, the neighborhood group that was represented by an individual indicated that there are five(5)used car lots in this area,my count has it as high as ten(10)but it depends on the boundaries you use. We are dealing with a perception that another used car lot in this area will downgrade the area. It won't downgrade the area any more than the recent leaving of Sherwin Williams paint to 2 REGULAR MEETING July 23, 2018 the South. That lot has already deteriorated to some degree. The weeds are higher than normal and they seem to not be keeping up the lot. This will be an addition and an economic stimulus to the area. In this particular case, the owners would like to operate a nice and clean car lot with only twenty-seven (27) cars maximum. Councilmember Oliver Davis interjected, Are there issues regarding safety in terms of if all twenty-seven (27) parking spots are full, with only one (1) way in and one (1) way out, are there safety concerns with that issue? Mr. Feeney replied, There are actually two (2) curb cuts at this location. There is one (1) on the South Side of Bonnie Doon and Bonnie Doon was a circular affair where you came in at either of the curb cuts and left via the other one (1). Councilmember Oliver Davis followed up, So, therefore, if there were safety concerns and everybody is there,and there are fire problems and anything else,people can evacuate without any problem. That is your understanding? Mr. Feeney replied, Absolutely. Councilmember Oliver Davis then followed up, When it comes down to car dealerships and everything else, is there anything in our current zoning law that prevents more car dealers from being in an area? Mr. Feeney replied,None,in so far as I know. There was a car dealer North of the alley and within one hundred (100) feet of this location. That car dealer died and that property is being offered for sale currently. Whether or not it will be occupied by another car dealer following that use is any body's guess. We have already seen in that area the conversion of a car wash into something different from what was originally intended. Further to the South on the East side of Michigan Street is a used-to-be-car wash that is now a display area for vehicles in any state of repair. Councilmember Oliver Davis followed up, I understand. If it had been a zoning law that would have prevented car dealers from being in this type of zoning, would you have brought this to us? Mr. Feeney replied,No, it would have been a waste of my client's time and money. Councilmember Oliver Davis followed up,And so,therefore,there is nothing in our current zoning law that prevents this type of issue? Mr. Feeney replied, If the property is rezoned to Local Business to Community Business. Councilmember Jake Teshka stated, The block to the North that you referenced was previously used as a car sales area, is currently zoned LB, Local Business. Do you know how that was used under that zoning for car sales? It is my understanding that in order for your client to use this property for what they want to use it for, we have to both up-zone it and add a special exception. So my question is how was a car lot able to operate in a lot that was zoned LB? Mr.Feeney replied,That car lot pre-dated any of the current zoning there.The building was painted various colors and it is no longer operating as such. Councilmember Jake Teshka followed up, Do your clients have any plans for additional signage out front? From the site map, it appears the front four (4) spaces on either side of the North curb cut are to be used for customer and employee parking. What distinguishes the back part of that lot as a car sales lot? Mr. Feeney replied, The owners have offered the commitment in compliance with what DCI had requested, if you decide to rezone this, they will provide islands in there that would differentiate the areas for restaurant parking and used car sales parking. Councilmember Jake Teshka followed up, My question was more about seeing what would flag someone who was driving down Michigan that there is a used car lot in the back of this restaurant? Mr. Feeney replied, The sign standards for Bonnie Doon are still out front and it could be used to advertise the car lot, provided the sign meets the sign regulations currently in place. 3 REGULAR MEETING July 23, 2018 Councilmember Jake Teshka followed up, So if we are to up-zone this, do you know those sign regulations? Mr. Feeney replied, At this point, no, not exactly. Councilmember Jake Teshka then asked, There was a distinguishing remark about the sign requirements in the Area Plan staff report. What is the difference in sign regulations between these two (2) zonings? Councilmember Jo M. Broden interjected, To be fair, that was a remark made by our Department of Community Investment so if there is someone here to speak on that,that would be great. ' i would Mr. Wyatt replied, I don't know if DCI is here but if I remember correctly, for this site two go from fifty (5 0) square feet of sign area to one hundred (10 0) square feet of sign area. Councilmember Tim Scott stated,Looking at this,I count thirty-seven(3 7)parking spots including the handicap. So that means there are ten (10) spots for the people that work there. How many people work there? Do they park there and how many people work at the automotive side? Are there only ten (10) spots for employees and customers? Mr. Feeney replied,Any time I have been down there,there have been at most two (2) cars on site at any given time. The number of spaces shown is in conformance with the current requirements of the site. Councilmember Tim Scott followed up, Were those two (2) cars employees? What Pm trying to get at is how many employees there are for JJ Fish and the auto dealership plus the customers, is it just ten (10) spots for all of those people? Mr. Feeney replied, There are two (2) employees for JJ Fish and they park there. Then there are, at most, two (2) employees for the used car sales, and the balance will be for customers. Councilmember Jo M.Broden stated,I think this straddled our revised parking ordinance. So when you reference being in conformance with our parking, is that the revised parking standards for off- street? Could somebody comment on that? Mr. Feeney replied, To be honest with you, Councilmember Broden, I am not aware. Councilmember Jo M. Broden followed up, Can anybody comment from Area Plan? Councilmember Oliver Davis interjected, Are you referring to the previously passed legislation? Councilmember Jo M. Broden replied, Yes, and when this was first(1St)read and presented, it pre- dated that. Mr. Wyatt replied, For the restaurant, there are supposed to be eight (8) spaces and for the car dealership they are required to have one (1) space. That doesn't count the display spaces, it is just one (1) space for who is coming there. Councilmember Jo M. Broden followed up, Ok, so nine (9) total required by the current parking ordinance. By way of the site plan, it is very light. Are there eight (8) or ten (10)? I see four (4) and four(4). Mr. Feeney replied,There are five (5) spaces supplied for the restaurant and five (5) spaces for the auto sales on the current plan. Councilmember Jake Teshka then asked, And that includes handicap spots? Mr. Feeney replied, Yes. There was one (1) handicap included for each use. Councilmember Sharon L. McBride asked, So two (2) handicap and four employees (4) and then two (2) for a patron of the food and patrons for the auto sales? Did I hear that correctly? Mr. Feeney replied, The requirements outlined by Jordan totaled nine (9) for the combined auto sales and restaurant. These spaces are based upon the square footage of the building. Councilmember Jo M. Broden asked, So it does meet it then? Councilmember Sharon L. McBride replied, Correct. 4 REGULAR MEETING July 23, 2018 Councilmember Jo M. Broden stated, I'm sorry I saw the four (4) and four (4) and was not including the handicap toward the total. Thank you for that clarification. There is a second (2°d) curb cut that was not clear with the original discussions. I'm fine but you had said in your remarks that this will not be a`Buy Here,Pay Here.' Please enlighten me on that.How is that distinguished? Mr. Feeney replied, The current image of a `Buy Here, Pay Here' car dealer is somewhat different than a retail used auto sales establishment. A `Buy Here, Pay Here' is often seen, in my own experience, along US-33 and Elkhart County. They advertise that you're able to buy the car and finance it through them, all in one (1) simple operation. It has, to my understanding, a less than savory reputation by way of the business they conduct at these locations. The type of operation intended at this location is that if financing is available and you qualify, you get the car. It is a commercial operation and if you want the car, you must qualify for financing. Councilmember Jo M. Broden then asked, And what is the primary difference between Light Business and Commercial and its appropriateness within that line of business? I'm trying to get at adjacent and complimentary uses. Mr. Feeney replied, What I'm stressing in this particular instance is the presence of light industrial right across the alley to the West. Mixed Use and Local Business is also on the East Side of Michigan Street. The Local Business and Community Business zonings are a transitional type of zoning between the two (2) uses. Councilmember Jo M. Broden stated, Your earlier presentation got at that so thank you for repeating that. It would appear to be an argument that is talking about complimentary uses East and West. But my specific question is, complementary uses or not, North to South on that block or from West to East? Mr. Feeney replied, The CB zoning on the northwest corner of Indiana and Michigan Street is a used car lot. The LB zoning immediately south of there is a former used car lot. The property in question is the Bonnie Doon former site. The property immediately south is the Family Dollar and South of that is a pizza place. Councilmember Jo M. Broden asked,Who could,perhaps,answer for us these questions?Because one(1)of our criteria is taking into consideration the comprehensive plan. Some of these,including the one (1) on the corner, are grandfathered uses, correct? Mr. Feeney replied, That is correct, in fact, many of them are. Councilmember Jo M. Broden followed up, In APC's or DCI's evaluation of this, what other properties are grandfathered? Mr. Wyatt replied, I haven't really been here long enough to answer that question. Larry Magliozzi, Director of the Area Plan Commission with offices on the 11th floor of the County-City Building, South Bend, IN, replied, We didn't really look at, specifically, what uses were and weren't grandfathered. It is a fairly long stretch of a commercial corridor and it has been developing for decades. I imagine there are several non-conforming uses, especially talking about these used car lots. We don't look at it property by property. We only operate under the current comprehensive and neighborhood plans for the area. Councilmember Jo M. Broden interjected, And within those plans, the future land use plan does identify this area to be Mixed-Use? Mr. Wyatt replied, That is correct. Councilmember Jo M. Broden followed up, Ok so we are not relying on the Southeast Neighborhood Plan that has not been approved, that was specific from the Comprehensive Plan? Mr. Wyatt replied, Yes, our recommendation is based on those five (5) criteria as well as the comments from DCI. Councilmember Jo M. Broden stated, So from a smart planning perspective, you could obviously look west from this property and view this as a buffer to the neighborhood to the East. You could look north and south and argue consistency for it to stay in its current use. Is there any rule of 5 REGULAR MEETING July 23, 2018 thumb from a planning standpoint to look at across the street or behind properties?When you talk about adjacency, is there a preference? Mr. Wyatt replied, When I was writing the staff report, it isn't a rule of thumb but I looked at Michigan Street as itself. I took into account the Single-Family homes that are directly across the street. I saw that you could use the LI parcel for what they wanted.Because this is a major corridor coming into the City, it is appropriate for commercial development but the City of South Bend's Comprehensive Plan states that one(1) of the goals is to improve the character of the community's entry ways and corridors to ensure coordination of land uses among adjacent areas. The neighborhood plan referenced,even though it wasn't approved or adopted by APC or this Council, is because it is still there. Councilmember Jo M. Broden asked,And that was regardless of the commitments?Because those weren't even mentioned in your recommendation. Mr. Wyatt replied, The commitments didn't come until after the Area Plan Commission meeting. Councilmember Jo M. Broden followed up, But they were recommended in the staff report that you had received? Mr. Wyatt replied, Yes, by DCI. They gave an unfavorable recommendation but they gave those recommendations for you to consider if you all decide to approve this. Councilmember Oliver Davis interjected, I'm glad you mentioned that because I believe to reference a plan that has not been approved is concerning. There had to be some weight due to the fact that it was referenced. My concern is having this plan voted down based on a plan that has not been approved. I am very concerned to set precedent in this body to give any kind of credence to a plan that has not been approved as a part of the decision making process. We have already established that is not a part of the current law. We should not make our decisions based on preference but based on what is there. That is why I have great concern that we are referencing a document and it was shared with both Area Plan and this body and it has lead us to have a negative point of reference. I am concerned with that. Mr. Magliozzi replied, We mentioned two (2) plans, the Comprehensive Plan and then the Neighborhood Plan. Our decision was based on the Comprehensive Plan and the criteria for that. The other plan was a point of reference. There was a lot of time, effort and money by the City to develop neighborhood plans. It didn't move forward for a variety of different reasons but our decision, as a staff, was based on the Comprehensive Plan. Not the unapproved or non-vetted Council documents. Councilmember Oliver Davis interjected, But if that was the case, the adjacent places to this, this is in keeping with the adjacent issues. And so, how did you get to the reference of it not being in keeping when it is in keeping of it? That's where my clarity has been lost. If it's in keeping that we both have dark suits, how do we get to the point where one (1) of us doesn't have a dark suit from that standpoint? You don't have on a jacket I can see that but for us, how do you get there? Mr. Magliozzi replied, Zonings, in many cases, are subjective interpretations of what we have available to us and it is not perfect. There was a lot of discussion between DCI and our APC staff, and our unified consensus was that this did not meet the Comprehensive Plan and the general trend of the area. That is why we have this process. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Conrad Damian, 718 East Broadway Street, South Bend, IN, stated, I'm president of the neighborhood association, SOAR, and when we talked about this it was agreed that we opposed this rezoning. There are six (6) used car lots in the short ten (10) block area of Michigan Street. We believe that is more than enough used car lots. We also have three (3) muffler shops and two (2) auto repair shops in that very short distance and we don't believe it is a good use of the area. We are glad JJ's has the restaurant but we do not believe the rest of the property should be used in this way. There were twenty-three (23)people at that meeting and that was the general consensus. The plan for our neighborhood was developed in 2015. We have been waiting for it to be approved by the Council.I don't see why you would hold that against the good faith of the parties developing 6 REGULAR MEETING July 23, 2018 the plan. Certainly, as a City,we want the major entrances to be a place that welcomes and attracts everyone coming into our City. The ten (10) blocks that I referenced are blocks that desperately need City attention paid to them. The businesses there and the areas around those businesses need to be improved. However, this is not one (1) of those improvements. We ask that you deny this rezoning request. This being the time heretofore set for the Rebuttal on the above bill,the presenters and petitioners were given an opportunity to rebut. Mr. Feeney stated, Again, I would like to speak to the fact that this appears to be a consistent use North to South and a transitional use from West to East. I remind the Council, among the uses currently able be done without any work on the building and without any Council approval are a mortuary, a check cashing outlet, a liquor store or a pawn shop. These are all uses that could be instituted tomorrow but they are asking for the ability to use this property as a used car lot with twenty-seven (27) cars. They are willing to commit to some stipulations, as outlined by DCI, for the use of that property. Councilmember Oliver Davis stated,I'm glad Mr. Feeney stated his last statement. Currently,even if we vote this down, a check cashing place could go in there tomorrow without neighbors' approval. A liquor store, a pawn shop, a mortuary, and we would have no say in it what so ever if they wanted to put any of those in there. Yes we can vote it down and say we saved another car lot from being in the same spot, however, we are still opening it up for all these other things to be there too. I think, back to the question of the caution of moving forward, I don't know the exact reasons the neighborhood plan has not been approved. If it's in DCI or the Mayor's Office, I have no clue and it has not come before our Council. So if that's in the executive to my knowledge, we should have some kind of stipulation on this and I'm glad they have come before us to at least have some teeth in this right now. Again, failure of this tom could mean a liquor store is there tomorrow. I don't want that. Councilmember Tim Scott made a motion to send Bill No. 14-18 to the full Council with an unfavorable recommendation. Councilmember Jake Teshka seconded this motion which carried by a voice vote of seven (7) ayes and two (2) nays (Councilmember Oliver Davis and Councilmember John Voorde). 25-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4546, 4566 &4612 NORTH LAKE BLACKTHORN DRIVE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember John Voorde,Vice Chair of the Zoning and Annexation Committee,reported that they met this afternoon and send this bill forward with a favorable recommendation. Jordan Wyatt, Zoning Planner for the Area Plan Commission with offices on the 111' floor of the County-City Building, South Bend, IN, served as the presenter of the bill. Mr. Wyatt stated, The petitioner is requesting a zone change in the area outlined in red(referencing a presentation which is available in the City Clerk's Office)from LB, Local Business to SF-One (1), Single-Family and Two (2)-Family. To the North are Single-Family homes zoned SF-One (1), Single-Family and Two (2)-Family. To the East is the St. Joseph Valley Parkway. To the West are Single-Family homes zoned SF-One (1), Single-Family and Two (2)-Family. To the South are vacant parcels zoned LB, Local Business. There is no current site plan for this rezoning as they are simply rezoning the three (3) parcels to move from commercial development and develop Single-Family homes. This comes to you from the Area Plan Commission with a favorable recommendation. Mike Danch, Danch, Harper & Associates with offices located at 1643 Commerce Drive, South Bend, IN, served as the petitioner for this bill. Mr. Danch stated,As Jordan had mentioned,we are asking to down-zone. The petitioner has people interested in building homes. When we had originally rezoned that corner to LB, we had written commitments in place. I am now going to ask Area Plan to remove those for these three (3) lots so we can actually put in the homes. 7 REGULAR MEETING July 23, 2018 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. Councilmember Tim Scott stated, This is a very nice area and it is part of the first (Ist) district. When I started on Council seven (7) years ago, there were still vacant lots in this area. This is a good move. Councilmember Tim Scott then made a motion to send Bill No. 25-18 to the full Council with a favorable recommendation. Councilmember Regina Williams-Preston seconded this motion which carried by a voice vote of nine (9) ayes. 31-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING §13- 75.5(0)(6) OF CHAPTER 13, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO DISORDERLY HOUSES AND PROHIBITING DEALING IN MARIJUANA, HASH OIL, HASHISH, SALVIA, SYNTHETIC DRUGS AND SYNTHETIC DRUG LOOKALIKE SUBSTANCES 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. Will Smith, 728 Whitehall Drive, South Bend, IN, served as the presenter for this bill. Mr. Smith stated, Thank you, Council, for this opportunity. And thank you to all the community members that have been involved in this effort. Presented to you is an ordinance to amend the current ordinance to update it and keep it in line with State regulations. I think it's wise to go ahead and pass this.Also, as far as the strategic aspect of it moving forward, I think we can look at addressing more of the people dealing and not the people using. The main goal is to go after the individuals that are dealing this. We also need to look at the civil side of this and help the people using this because they do need our help. The message is pretty straight forward that we don't want these businesses here selling these illegal substances. Councilmember Tim Scott, 711 Forest Avenue, South Bend, IN, served as the sponsor for this bill. Councilmember Tim Scott stated, I am the sponsor along with Councilmember Karen White. Will, myself, Karen, Kareemah Fowler and others are on a task force to look at synthetic marijuana. This change is in hope to stay ahead of these people that are dealing this substance. This is in line and keeps pace with the State legislation to close any loopholes. 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. Councilmember Oliver Davis made a motion to send Bill No. 31-18 to the full Council with a favorable recommendation. Councilmember Jo M. Broden seconded this motion which carried by a voice vote of nine (9) ayes. 32-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10546-17 BY ADDING NEW SALARIED AND WAGE POSITIONS TO THE ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2018 8 REGULAR MEETING July 23, 2018 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. Jeri Hockenhull, City Controller with offices on the 12th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Ms. Hockenhull stated, The bill before you is requesting two (2) new positions be added to the salary ordinance related to the AmeriCorps Grant. One (1) is the Operations Manager who will oversee ten (10) members of the AmeriCorps Grant. The other one (1) is a Project Manager. Both of these positions are currently listed on our website with job descriptions and they are available to be applied for as of today. Councilmember Karen White asked, How much will be supplied by the grant and by the City? Ms. Hockenhull replied, The positions themselves are funded through a grant provided by AmeriCorps. That will be around $150,000. The rest will be funded through the General Fund and, likely, contributions from the Water and Waste Water Funds. Councilmember Karen White followed up, Could you share percentages? Ms. Hockenhull replied, The grant will cover up to sixty-six percent (66%) of the wages and expenses of the program from 2018. Councilmember Oliver Davis asked, What happens when the grant runs out? Ms. Hockenhull replied, They are listed in the Ordinance as AmeriCorps member positions so when the grant goes away, so will the positions. 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. Councilmember Oliver Davis made a motion to send Bill No. 32-18 to the full Council with a favorable recommendation. Councilmember Karen White seconded this 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 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 7:54 p.m. Council President Tim Scott presided with nine (9) members present. BILLS —THIRD READING BILL NO. 14-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Gavin Ferlic made a motion to defeat Bill No. 14-18. Councilmember Karen White seconded this motion which carried by a roll call vote of seven (7) ayes and two (2) nays (Councilmember Oliver Davis and Councilmember John Voorde). 9 REGULAR MEETING July 23, 2018 25-I8 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4546, 4566 & 4612 NORTH LAKE BLACKTHORN DRIVE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Gavin Ferlic made a motion to adopt Bill No. 25-18. Councilmember Oliver Davis seconded this motion which carried by a roll call vote of nine (9) ayes. 31-I8 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING §13- 75.5(0)(6) OF CHAPTER 13, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO DISORDERLY HOUSES AND PROHIBITING DEALING IN MARIJUANA, HASH OIL, HASHISH, SALVIA, SYNTHETIC DRUGS AND SYNTHETIC DRUG LOOKALIKE SUBSTANCES Councilmember Gavin Ferlic made a motion to adopt Bill No. 31-18. Councilmember Oliver Davis seconded this motion which carried by a roll call vote of nine (9) ayes. 32-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10546-17 BY ADDING NEW SALARIED AND WAGE POSITIONS TO THE ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2018 Councilmember Gavin Ferlic made a motion to adopt Bill No. 32-18. Councilmember Karen White seconded this motion which carried by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 18-26 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 1235 W NAPIER Councilmember John Voorde,Vice Chair of the Zoning and Annexation Committee,reported that they met this afternoon and send this bill forward with a favorable recommendation. Jordan Wyatt, Zoning Planner for the Area Plan Commission with offices on the 11th floor of the County-City Building, South Bend, IN, served as the presenter of the bill. Mr. Wyatt stated, The petitioner is seeking a special exception use for this vacant lot to make it an accessory parking lot. The parking lot will be used by the church across the street. This comes to you with a favorable recommendation from the Area Board of Zoning Appeals. 10 REGULAR MEETING July 23, 2018 Bernie Feeney, Lang, Feeney & Associates with offices located at 715 South Michigan Street, South Bend, IN, served as the petitioner for this bill. Mr. Feeney stated, This is currently an unpaved partially grass lot. It is used basically on Sundays as a parking lot. The church is asking for a special exception to allow this lot be paved for the consideration of their parishioners. It will service the church and is ideally positioned for future expansion of the church. 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. Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-26. Councilmember Oliver Davis seconded this motion which carried by a roll call vote of nine (9) ayes. 18-31 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 902 N. ALLEN, 1145 N. BROOKFIELD, 1306 N. BROOKFIELD, 914 N. CLEVELAND 903 N. COLLEGE, 917 N. ELMER, 1101 N. ELMER, 1229 N. ELMER, 1329 N. HUEY, 1110 N. JOHNSON, 749 N. LAWNDALE, 913 N. LAWNDALE, 1138 N. OLIVE, 1530 VAN BUREN. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HISTORIC LINCOLN WAY WEST HOMES, LP Anne Mannix, 724 West Washington Street, South Bend, IN, served as the petitioner for this bill. Ms. Mannix stated, 1636 Lincoln Way West is a former Brewery. The rehab costs are$6.4 million. It is a conspicuous spot on a major artery and entrance to the City. There are twenty-two (22) efficiency one (1) and two (2) bedroom apartments. Council President Tim Scott interjected, Ms. Mannix, you are one (1) step ahead of us. This one (1) is the houses in the neighborhood,the Brewery is the next one (1). Ms. Mannix continued, Oh, alright. There are fourteen (14) Single-Family homes. They will all have basements, garages, and they are three (3) and four(4) bedroom. The cost is $3.6 million. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Will Smith, 728 Whitehall Drive, South Bend, IN, stated, I used to serve on the Community Investment Committee. Mr. Mariani had reached out to me in a time of need. That meant a lot to me and I think he is a person of upstanding moral character. I was happy to see some of the guidance of his being implemented here. Jesse Davis, P.O. Box 10205, South Bend, IN, stated, I'm all for looking at redoing some of these homes and bettering the neighborhoods. I guess I have more of a question. She said $3.6 million total and fourteen (14) homes. Is money spent on these homes it going to be public record? I brought forth an issue to you all several years back where the Heritage Foundation put $500,000 into three (3)homes and then we turned around and they were sold for only $100,000 or$200,000 and we just dumped $500,000, which doesn't appear to be a good fiscal practice. I'm just curious if the spending on these homes is going to be public record prior to the spending happening. I'm all for making the neighborhoods nicer but it is important where the money is being spent. Joseph Wingo, 1020 Fuerbringer Street, South Bend, IN, stated, I live in the new development over in Lincoln Park and I speak in favor of this tax abatement. The homes that were built over there, there are twenty-four (24) homes, have beatified that area. Along with the help of Councilmember Scott and the contractors, they have redone the curbs and sidewalks. That has 11 REGULAR MEETING July 23, 2018 really beautified that area. I also ask the Council Members to ride through that area some time. Thank you, bless the Council and bless South Bend. Willie Dearing Mallory, 501 Harrison Avenue, South Bend, IN, stated, I also live in the South Bend Mutual Homes. I am a resident. The only thing I can say about South Bend Mutual Homes is that it is a blessing. It is a blessing to the residents, neighborhood and area. We have twenty- four(24)brand-new beautiful homes and that is a motivator. We have hard working and beautiful people that live and work there. Councilmember Oliver Davis made a motion to adopt Bill No. 18-31. Councilmember Gavin Ferlic seconded this motion which carried by a roll call vote of nine (9) ayes. 18-32 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS SOUTH BEND BREWERY PLACE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR HISTORIC LINCOLN WAY WEST HOMES, LP Anne Mannix, 724 West Washington Street, South Bend, IN, served as the petitioner for this bill. Ms. Mannix stated,The rehab costs are $6.4 million. It is a conspicuous spot on a major artery and entrance to the City.There are twenty-two(22)efficiency one(1)and two(2)bedroom apartments. It is a historic property. We are applying for low-income housing tax credits and these funds will strengthen our application. It has a public benefit as it provides affordable housing and it will stabilize the neighborhood. Councilmember Jo M. Broden asked, Are there any additional benefits that you would like to highlight other than property tax abatement benefit? Are there any additional incentives the City of South Bend is putting in? Ms. Mannix replied, The City is giving us $1 million in tax abatement and we are working on the off-site improvements that will be made in the surrounding neighborhood. Councilmember Jo M. Broden followed up, In terms of petitioner, policy? Actually I'll save that for later. Thank you. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Joseph Wingo, 1020 Fuerbringer Street, South Bend, IN, stated,Again,I am here to speak in favor of this because what Anne Mannix has done with the revitalization of that Lincoln Park area is incredible. It provides stability and I encourage you all to visit the area. Thank you. Canneth Lee, 1929 North Huey Street, South Bend, IN, stated, I encourage the Council to vote in favor of this. The area is a blight right now and this would help make this site better. We send our support for this project. Councilmember Oliver Davis made a motion to adopt Bill No. 18-32. Councilmember Gavin Ferlic seconded this motion which carried by a roll call vote of nine (9) ayes. 18-35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING AND APPROVING THE NECESSITY OF THE LEASE OF BUILDING LOCATED AT 319 NILES AVENUE, SOUTH 12 REGULAR MEETING July 23, 2018 BEND, INDIANA FOR THE USE BY THE SOUTH BEND HUMAN RIGHTS COMMISSION 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. Aladean DeRose, Assistant City Attorney with offices on the 12' floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Ms. DeRose stated, I am also the attorney for the South Bend Human Rights Commission. In 2012, the Council saw it a necessity for the South Bend Human Right's Commission to go outside its City-owned property and lease property at 319 N.Niles Street. That property and that office space was specifically designed with the Commission's needs in mind. It is located near downtown, near a bus stop and has ample parking. It is fully ADA accessible and, as the Human Right's Commission,that is very important. The Human Rights Commission has many customers and clients whose needs require ADA accessibility. It is a wonderful space and the City has reviewed available buildings again and none of them fit the needs of the Human Rights Commission. We ask at this time that the Council,again, find need to continue the lease. It will be a five (5) year lease with a six (6) month option in case property becomes available in the City after 2019. The rent is comparable,reasonable and fair and we ask the Council reaffirms and continues the lease at this property. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, I am a Human Rights Commission officer for the City of South Bend. Aladean said it better than I could possibly say it. I would like for this to be passed. It is a beautiful, safe and clean place. The clients come in to the Commission on matters that affect their lives. I urge you to pass this. Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-35. Councilmember Oliver Davis seconded this motion which carried by a roll call vote of nine(9) ayes. BILLS ON FIRST READING BILL NO. 33-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARKS STATUS FOR THE STRUCTURE AND REAL PROPERTY KNOWN AS THE CIVIL RIGHTS HERITAGE CENTER FORMERLY THE ENGMAN NATATORIUM, AND LOCATED AT 1040 WEST WASHINGTON STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember John Voorde made a motion to send Bill No. 33-18 to the Zoning and Annexation Committee and set it for Second Reading and Public Hearing on August 13", 2018. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 18-34 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 719 AND 721 W. REX STREET 13 REGULAR MEETING July 23, 2018 Councilmember John Voorde made a motion to send Bill No. 34-18 to the Zoning and Annexation Committee and set it for Second Reading and Public Hearing on August 13th, 2018. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Oliver Davis stated, There are two (2) things I would like to address. In the past, we used to get updates regarding police matters when there were situations and we had a situation with a police officer on Friday and we had another one (1) today. I would like to get some sort of update because we didn't on Friday when that happened. We need to be up to date on those matters. We need to have a discussion about what should be put in place regarding that. On that same note, in terms of the update on the mobile home situation, are we going to have a meeting on that? Councilmember Sharon L McBride replied, Yes there will be some information within the next few weeks regarding that matter. Councilmember Oliver Davis followed up, And lastly, I would recommend we get an update on the South Shore study and options. There has been stuff written in the paper and we need to get the Mayor's input because people are asking. We haven't had an update for several months now. I recommend that not be at a regular Council meeting. Councilmember Gavin Ferlic assured to have that update be scheduled to come under the Community Investment Committee of the Common Council. Councilmember Karen White stated, At our last Council meeting, under Privilege of the Floor, representatives from the LaSalle Park Neighborhood Alliance came before this body to share five (5) priorities they had established. They sought feedback and response from the Council. Those goals were delegated to the Residential Neighborhoods Committee and along with a request that they meet with the LaSalle Park Neighborhood Association. A meeting was held on Wednesday, July 181h 2018 and I'm happy to state that all of the Committee Members were present.The purpose of that meeting was to first(lst) listen to their priorities, help clarify and to help respond. One (1) of those were already in the process of being addressed so there were four(4)remaining priorities that the members of that particular association have shared with us. We will work with them and we will keep the Council aware of that process. I would also like to share with the Council about the progress of Not In Our Community and that is the response to synthetic drugs. We started this Committee about one (1)year and a half ago and I would like to acknowledge Pastor Canneth Lee who is in the audience and who is a member of that Committee along with Council Members and others. It is a group of individuals that responded to an issue that started in July 2017. We have had a number of forums, we have listened to the community, and the response is to have a comprehensive approach to addressing synthetic drugs in our community. Last Tuesday we held a meeting with faith leaders within the first(lst) and second(2nd) districts to share information with them, get their feedback and to disseminate information about the Committee. I want to thank the Council, Committee and Community Members that are all working hard to ensure we respond most appropriately to synthetic drugs in our community. Councilmember Jo M. Broden stated, I agree with Councilmember Oliver Davis and his requests. I would also like to get an update on PSAP. There are a number of things, too, specifically in the County budget, and that does not align with our budget process and then we have to come at those issues on the back end.If there is a way that we can get a report from Jen Hockenhull or the primary parties involved in that, and those considerations, I think that would be helpful. Also, any other significant County proposals or changes that we anticipate in the budget process, we need to be informed of. There were a number of things that happened last ye that arrived on our desks and they were already well down the road in terms of the County budget. I would like for, specifically PSAP, but other anticipations of changes that would affect our funding and partnership, to get briefed on those as soon as possible. Relevant to tonight's conversation about rezoning, the South East Neighborhood Plan, it's been around for some time. It has been listed on our website, the neighbors came before us in a Committee setting and shared their vision and views. Council asked for an update on these plans and I guess I'm at the position two (2) years and seven (7) months into this, if the planning process was that comprehensive and involved both professional planners 14 REGULAR MEETING July 23, 2018 and outside consultants, I request we put that as an agenda item for approval at an upcoming meeting. Councilmember John Voorde stated,Reassessment notices went out from the County Assessor last week. Generally speaking,I think there were increases in assessments. I've gotten seven(7)phone call inquires as to why their assessments went up so much. I wonder if we couldn't ask the County Assessor to come with a brief explanation of the process. Councilmember Tim Scott stated, They are trying to take mine up twenty-six percent (26%) and I've had phone calls up to forty percent (40%). Councilmember Regina Williams-Preston stated, We are going to have a district two (2) bus tour from 10:00 a.m. to 12:00 noon. I'm looking forward to everyone being able to meet us at Studebaker Plaza. Councilmember Tim Scott stated, I would like to publicly thank Aladean DeRose for filling in for Bob Palmer. You've done an excellent job. PRIVILEGE OF THE FLOOR Jesse Davis, P.O. Box 10205, South Bend, IN, stated, I was up here and brought a situation to the Council's attention.Approximately three(3)years ago,there was some high-dollar City equipment that was not in the City's possession that mysteriously got dropped off at a building on Sample Street. I've been trying, for three (3) years now, through the Legal Department and FOIAs to get a list of that equipment and any information as to why this equipment was not on the City's inventory yet we paid for it. Most recently, I was actually able to get a letter from the Legal Department and I got a list of the equipment that was dropped off at the Street Department. That was another bunch of equipment that, if you look the prices up, are tens of thousands of dollars. We now have two (2) buildings where equipment purchased on the City's dime was dropped off. Both buildings are very secure but yet nobody knows why it was dropped off,why it wasn't in our inventory, who purchased it and who had it. I'm being told to go back to the State Police to ask for the State Police report that was done on this. In fact, a State Police Detective who was involved sent me an email that they concluded their investigation well over a year ago and it was sent back to the City and the Prosecutor's Office. Again, I'm up here complaining about transparency, number one (1) because it has taken me three (3) years to even get this info. And also, accountability. From what I understand, that was returned to the City but it was probably near $100,000 worth of equipment in total. Who dropped this off? Who had possession of it? Who signed to buy this equipment? That will be my next FOIA on this. Here is the documentation I have on this and if you took a look at it maybe you guys can get more information that I can on this. Mr. Davis provided this documentation which is available in the City Clerk's Office. Jason Banicki-Critchlow, 3822 West Ford Street, South Bend, IN, stated, We were talking about entry way corridors and it got me to thinking about two (2)years ago when the County decided to spend $1 million to reinstitute a County-wide drug unit. In the two (2) years, they have affected roughly three (3) total arrests. At the time, I challenged the Common Council then to find $1 million in our over $300 million budget to find and fund heroine treatment programs for our City. You know what I see when I drive down Main and Michigan Streets every day? I see people hunched over, drooling, clearly out of their mind on heroine. I challenge you guys again as we go into this next budget process. We shouldn't be spending as much on economic development as we are on public safety, so maybe we take $1 million out of economic development and put it toward heroine treatment programs because we could spend all we want on economic development but if the first(1St) impression of the City is panhandling and heroine in front of the business, that is not a good look to anybody. Thomas Zmyslo Sr., 51042 Prairie View Way, South Bend, IN, stated, I am the Chairman of the UAW Local Nine (9)retirees. I am here tonight with a number of us to speak to you all regarding your relationship with Honeywell Corporation here in South Bend, Indiana. I know there are a number of you that were out there when there was a lockout in support of the workers locked out. This corporation in the City of South Bend has demoralized the active workforce greatly. It is really going to hurt this City a lot.Not only is the active workforce but the retirees are demoralized. 15 REGULAR MEETING July 23, 2018 We were promised when we started working there, and I worked there over thirty (30) years myself, health insurance. We have some serious issues regarding health and health insurance in the Country and this isn't helping the situation. We've got people here under sixty-five (65) that can't even afford to buy health insurance. They were told that if they did not retire before 2016 that they could lose their health care if they did not retire ahead of time. They retired before sixty- five (65) and they are having to pay$3,000 to $5,000 a month for health care right now. There are well over 2,000 to 3,000 in this community that are retirees of Honeywell. This not only affects Honeywell here in South Bend but it affects them in Green Island and at Walsh Corp. in St.Joseph, Michigan, as a number people are under the same contract. Honeywell has $3.4 billion in Federal Contracts under President Trump. Last year, Honeywell posted $1.7 billion profit. The Trump- Walorski tax cuts lead them to bring back$7 billion in cash from overseas. In the first(1St) quarter, Honeywell paid out almost $950 million on stock buybacks. That is the money they make from pushing employees under sixty-five (65) to retire and pushing them off of their insurance programs. Their earnings were up eleven percent(11%) in the first quarter and sales were up nine percent (9%) in the aerospace division. We kept our part of the bargain in South Bend, Indiana, and have worked for twenty-five (25), thirty-five (35), forty-five (45) and fifty (50) years for this corporation and I'm asking you all, toni ht, to back up the people in this community. Honeywell is a ruthless corporation. This is going to hurt our community greatly. It will take a lot of money out of the economy. The South Bend Common Council needs to take a stand and I ask you to examine your relationship with this corporation. They threw our people under the bus. Thank you. Larry Alexander, 56051 Harmon Drive, Mishawaka, IN, stated, I'm here to piggyback off what Tom said. When I was hired, it was Bendix Corporation. Thirty-seven (37) years I worked at that place with the understanding I had healthcare and I wouldn't have to worry about it when I retired. Low and behold they went from Bendix which was a compassionate company. When my father died, I was a month and a day,they offered my mother a job. That is when it was Bendix. Through all the acquisitions it is now Honeywell and they are the most ruthless, corporate and greedy company in this Country. They are taking the retirees, the people who made them who they are, and throwing them under the bus. As far as I'm concerned, I will have to buy supplemental insurance. I'm going to have to take$4,000 or$5,000 out of my paycheck that I could be spreading across this community. I appreciate you guys and please give us some consideration. Bryan Edington, 2702 Hilltop Drive, South Bend, IN, stated, I come here tom in support of Robert Goodchild,better known as `Cochise' by his close friends and co-workers. Cochise means strong like the oak tree. In 1964, Mishawaka Marion opened its doors for the very first (1St) time and his son, Rodrick,known as Rod, was part of that very first(1St) freshman class. Being a brand new school it had no athletic facilities on the forty (40) acre campus. Mr. Goodchild saw the need and spearheaded the development of the football field and track. The Athletic Director at the time, Bob Owtolski, better known as Big O, described Mr. Goodchild as a mover and shaker who got projects done and on time. Robert Goodchild was born and grew up on the Menomonee Indian Reservation where he walked eight(8)miles to and from school each day.He graduated from West High School at the top of his class and went to the University of Wisconsin on academic and athletic scholarships. He was a varsity wrestler for the Badgers as well as the president of his fraternity. With one (1) semester to go before graduation,we was selected to go into the Army Air Corps. After six (6)months of officer training at Yale,the balance of his four(4)year tour of duty was in British India,heading up the resupply mission of our Chinese allies. He served our Country with distinction as a World War Two (2) first Lieutenant without a college degree. He returned to the University of Wisconsin and completed his last semester and graduated with honors. He was then recruited by NIPSCO in 1946 and moved to South Bend. For thirty-four(34) years he headed up the mission to install the underground pipeline network throughout Northern Indiana. This transformed our community from a dirty coal and fuel oil to clean-burning natural gas or, as he called it, Pepe Flame. The mission to carve the dead oak tree stumps into magical spirit animals was accomplished through the trust fund of Robert Goodchild. The first (lst) carving was completed in 2013 and the final welcome oak carving dedicated to Robert Goodchild on December 21St, 2017. The project is complete and all sixteen (16) animal carvings were done by Maw 2018. We celebrated the Best. Week. Ever. at Potawatomi Park and the 2018 Best. Walk. Ever. went through the magical oak tree carving which was recognized as a unique happening and a first (1 St) of its kind. Thank you very much. 16 REGULAR MEETING July 23, 2018 Rod Goodchild, 837 South 24th Street, South Bend,IN, stated,This is my pride and joy. He handed in documents that are available in the City Clerk's Office. Mr. Goodchild continued, When I was given this, it marked that we went through all the proper procedures. We asked everybody.Valerie Schey started it. She came to me and asked what we are going to do. She was our Council Member for the area and she said, with all of her input, Mr. Goodchild, they approved it, they approved it, and they approved it. It started in 2013 and the first (1St) one (1) was completed for Ella Morris. You see her there, you see the picture. My mother and her were go-getters. So after that, they continued to tell me you work with protocol. You work with the people that you are told to, Goodchild.Don't go here,don't go there,you do exactly what we tell you. I was assigned fourteen (14)letters,as you will see, I went to the Mayor's Office. Countless letter to everyone else. Patrick Sherman, twenty-four (24) correspondents because that is who I was told to go through. I am an individual in the community that when I am told something, I'm a foot soldier. You do exactly what you're told. It is done and completed. All we are missing is the stone. We went back in December and they said it would be approved but they had a problem with Victor's name on it. I said take it off but then they said it should be on it because he is an unbelievable local artist. He is on it, it was done, communication went through and now it sits there on the trunk ready to be put down and the question they have is who is going to pay for it and it has been totally paid for, sitting there since May 11th, 2018. We are still trying to get new laws and new rules before it ever gets approved. Here are the two (2) stones. He then turned in pictures of the stones and those pictures can be found in the City Clerk's Office. Canneth Lee, 1929 North Huey Street, South Bend, IN, stated, I'm here to address the issue, along with my friends of the Far North West Side Neighborhood Association, of the community development program that is going to launch home repair for the West Side of South Bend. For the last seven (7) years, we've been working together to try to bring about improvements in the area. We've gotten a splash pad, we do Shakespeare in the park and other community things. I am a life-long resident. I grew up on North Elmer,lived on Olive,and now I bought a house on Huey. I have lived in that area for forty-one (41) years. When we found out this opportunity for home repair was happening, we were very disheartened it cuts off right at Elwood Street and doesn't continue all the way to Lathrop Street. We have people who have lived in that area their whole life. They are taxpayers and we are tired of being left out. We are asking to get some help and assistance. There are people that need roofs on their house. We were told that decision about the boundary is because we have more renters than homeowners in the area but I don't think that is a very good answer to why we were left out of the boundary. We are asking for someone to speak up on our behalf and help us because we have people in need. We have been working very hard to make our neighborhood better and the work we have done should be rewarded in some way. We just want something. I don't think it has been announced but we ask, before it is announced, that some recommendation be made to expand those boundaries. We ask the Council to help us. Thelma Williams, 1748 North Olive Street, South Bend, IN, stated, I have lived in that area since 1963 and am very proud of that area. For some reason, when a house has been somewhere for long,it deteriorates.A lot of those homes were there when I moved there. Between the older people moving on and the younger moving in, some people just don't have the money to fix their roof. You would be surprised at how many raccoons are tearing up these roofs. I'm telling you. And people don't have the money. Someone came and told me it would be $11,000 to fix the roof. It is hard to get these things done. Since I've been in the neighborhood association,we've worked hard to try and pick up all the litter. We are trying to handle that ourselves. But we need help with the roofs, gutters, and vacant lots. We need something to boost the people in that area. We got sidewalks and curbs put in and the first(1St)thing people asked was who paid for it. We need some taxpayer money in that area. I don't want to lose my people. They came toni ht to say please help us. Last Saturday I was in the rain all day. I cooked and stayed up all night long and only got two (2)and a half hours of sleep making food for our neighborhood association people to put a roof on Margie's house. From Menards to everyone else volunteering their time and money. We had a grand time. We were on a lot under a canopy that a lady volunteered to give us. We did it and we are going to keep doing it. We will not stop and we will be back. Thank you. Ruby Rampoldt, 222 East Oakside Street, South Bend, IN, stated, I am not as eloquent as those that have preceded so I have prepared a little written statement. There are numerous issues about which I have called 311. 1 would prefer to call departments directly but, of course, the calls are 17 REGULAR MEETING July 23, 2018 diverted into the 311 system. I don't find the system to be very effective. Until this past Friday, I have not received any call backs. Late on Friday I received a message which I returned this morning. The supervisor of 311 and I had a good conversation this morning but I had already planned on coming here this evening. Some of my unresolved conditions include the condition of a neighbor's property, effectively operating a scrapyard in his backyard, the condition of the alley surface, trash and abandoned vehicles, substandard outbuildings ready to collapse, the negative results left behind by the safe sidewalks project and the disappearance of my yard waste bin. All of these have been made more annoying because the people working the lines at 311 don't seem very well equipped to deal with channeling the requests to the proper people in the proper departments. 1 hope you can help me with my problems. Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, I would like to just address the Council about some things that affect our City. I am a part of a watch dog group called Citizen's United and when things happen in our City that affect the City as a whole, I think it's only fair that we get as close to the facts as we can. We had the accident involving a public servant and a citizen lost their life. I am not willing to go out and say bad things without knowing the facts, but a lot of people don't trust the paper and they don't even read the paper. We need to set up a mechanism. I know you have a website but we need to do a better job of it. These people that protect our lives have the same rights and fairness as the citizens do. We need to know the facts. I am trying to get the facts. I love South Bend and I pray for the people involved in the tragic situation. I love this community. You are our leaders and you are the ones that can make it better. Get us what we need. Lee Gloster, 2110 South High Street, South Bend,IN, stated,We moved here when I was three(3) years old and, outside of seven (7) years, I have lived here all of my life and I am seventy (70). This is a Union issue, I want to come back to the Honeywell issue. This is a Union issue and I am a union member and steward.It is also not just a Union issue but it is an issue about this community and what kind of people we are. I am asking you to make some kind of a statement or resolution that calls upon returning the health care to the Honeywell retirees. This is an issue that speaks to what kind of people we are. We all know about health care and what kind of a national issue this is. This doesn't just speak to health care but how we treat our elderly as well. It speaks to what we are as a community,what our politics are,what our economics are and what our morality is.Thank you. ADJOURNMENT There being no further business to come before the Council President Tim Scott adjourned the meeting at 8:56 p.m. 18