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HomeMy WebLinkAbout05-28-19 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 May 28, 2019 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: 4111111111111 TIM SCOTT le _0Z '• KE TES KA APPROVED BY THE COMMON COUNCIL ON: June 10, 2019 ATTEST: • ' EEMAH FOWLER, CITY CLERK REGULAR MEETING May 28, 2019 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 Tuesday, May 28th, 2019 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation(Brad Laird, South Bend Friends Meeting) and Pledge to the Flag were given. Council President Tim Scott asked for a moment of silence,in light of Memorial Day, to honor all those that have fought and fallen for our freedom. ROLL CALL COUNCIL MEMBERS PRESENT: Tim Scott 1St District, President Regina Williams-Preston 2nd District Sharon L. McBride 3rd District Jo M. Broden 4th District Jake Teshka 5th District Dr. Oliver J. Davis 6th District John Voorde At-Large, Chairperson Committee of the Whole Gavin Ferlic At-Large Karen L. White At-Large, Vice President OTHERS PRESENT: Kareemah Fowler City Clerk Jennifer Coffman Chief Deputy Clerk Bianca Tirado Deputy Clerk Graham Sparks Clerk Executive Assistant Bob Palmer Council Attorney Morgan Gonsoski PR Intern David Moses PR Intern Ryan Wroblewski PR Intern REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Karen White made a motion that the minutes of the April 22nd, 2019 and May 13th, 2019 meetings of the Council be accepted and placed on file. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS BILL NO. 19-38 A SPECIAL RESOLUTION TO RECOGNIZE MAY AS MENTAL HEALTH AWARENESS MONTH Councilmember Dr. Oliver Davis made a motion to table Bill No. 19-38. Councilmember Jo M. Broden seconded this motion which carried by a voice vote of nine (9) ayes. 19-39 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, HONORING THE LIFE OF A GREAT MAN, ROBERT L. MILLER, SR. 1 REGULAR MEETING May 28, 2019 Councilmember Jake Tesha made a motion to continue Bill No. 19-39 to the June 10th, 2019 meeting of the South Bend Common Council. Councilmember Gavin Ferlic seconded this motion which carried by a voice vote of nine (9) ayes. REPORTS OF CITY OFFICES Representing the City Administration: Laura O'Sullivan, Chief of Staff RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:06 p.m. Councilmember Jake Teshka made a motion to resolve into the Committee of the Whole. Councilmember Regina Williams-Preston seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember John Voorde, Chairperson, presiding. Councilmember John Voorde 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. 10-19 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED WEST AND ADJACENT TO 6100 NIMTZ PARKWAY, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Karen White made a motion to accept the Substitute version of Bill No. 10-19. Councilmember Gavin Ferlic seconded this motion which carried by a voice vote of nine(9) ayes. Councilmember Dr. Oliver Davis, chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Jordan Wyatt, Planner with the Department of Infrastructure, Planning and Growth with offices located on the 11th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Wyatt stated,The petitioner is requesting a rezone and a special exception use for the area outlined in red (referencing a slide in a presentation which is available in the City Clerk's Office). To the north are offices and vacant lands zoned 0, Office District. To the east and south is Blackthorn Golf Course. To the west across the St. Joseph Valley Parkway is vacant land zoned LI, Light Industrial District. On site, currently, is the Blackthorn Golf Course. The site plan shows a mix of Single-Family and Two (2)-Family dwellings in addition to a private drive. Future development will need to meet the development standards of the SF-Two (2), Single-Family and Two (2)-Family District. Both the rezoning and the special exception use come to you with a favorable recommendation from the Area Plan Commission. I would be happy to answer any questions. Councilmember Jo M. Broden stated, Quick question, please. What is the nature of the substitute of this bill? Mr.Wyatt replied, Section three(3)is the new section on the bill. I was contacted by your attorney, Bob Palmer, to add that. It states the Council has to adopt the findings of fact that the Area Plan Commission also adopted, in regard to the special exception use. Councilmember Jo M. Broden followed up, As a follow-up, kindly, could you detail what those findings of fact are briefly? 2 REGULAR MEETING May 28, 2019 Mr. Wyatt replied, If you go to page two (2) of the staff report,there are the four(4)questions that are part of State Law for land use. The answers are there. Councilmember Jo M. Broden asked, So, I'm sorry, this section is doing what? I'm sorry. Bob, could you explain? Council Attorney Bob Palmer stated, The City Ordinance requires the Common Council to adopt findings necessary for establishing a special exception. Generally, those findings are made by the Board of Zoning Appeals. All this amendment does is incorporate those findings into this ordinance so that the Council can adopt the findings. Councilmember Jo M. Broden stated, Ok, thank you. Brian McMorrow, Abenmarche Consulting with offices located at 750 Lincolnway East, South Bend, IN, served as the petitioner for this bill. Mr. McMorrow stated, I'm here on behalf of the petitioner, Acquisition Group LLC. I thank Council for including that language that relates back to the Area Plan Commission's findings. We gave a presentation to them last week. Acquisition Group is the group that purchased the Blackthorn Golf Course from the City a number of years ago. We are interested in adding what we think is an interesting dynamic to both the golf course and the Blackthorn office park. We think that these stay-and-play type homes would be attractive to those that like,obviously,the lifestyle of living by Blackthorn but also maybe to business people that want to invest in Blackthorn office park and having adjacency to the airport. We are excited to bring this proposal to you and offer it to the City. Thank you. Councilmember Jo M. Broden asked, What is your timeframe? And also, what is the amount of predicted investment? Mr. McMorrow replied, The amount of investment is still being worked out. We've prepared preliminary concept plans showing that this private road would follow an existing contour that is there, and the homes would be above and below that grade so that each home would have a golf course view. We are also refining the actual architectural plans for each of the units.There is going to be a Single-Family unit proposed and then a Two (2)-Family unit. Then, from there, we will come up with the appropriate lot sizes. So, those firm numbers haven't been established just yet. So, for the timeline, we expect to wrap up that preliminary investigation over the next couple of weeks and then work earnestly to prepare detailed plans. We hope to break ground later this summer. Councilmember Jo M. Broden stated, Thank you. Councilmember Jake Teshka asked, Are these being designed and built for specific consumers? Or are you going to spec some of these units? Mr. McMorrow replied, We are going to have an array of typical floor plans where the individual home owner could customize each just a little bit. But,there will be a common architectural theme that would run through each of the units. So, each will be a little different but would definitely have a common thread, design-wise. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Wayne Hubbard, 215 East Fox Street, South Bend, IN, stated, My question is about how a park can take priority over the residential area. Researching this, I found out of State. How does that take priority over locating and purchasing houses back so that the City gets itself back? Also,how come the people were not allowed to vote on something so historic being removed and changed? That's it. Thank you. The petitioners were given five(5)minutes for a rebuttal. Mr. McMorrow stated, I'll do the best I can to address Mr. Hubbard's questions. The park itself is no longer owned by the City of South Bend. Maybe that was a misunderstanding. It is privately owned as Blackthorn Golf Club right now and the portion of the golf course property that is proposed to be developed is the practice hole right now. So, it in no way devalues the golf course itself. In fact, there was an appraisal done with and without that practice hole, there was no 3 REGULAR MEETING May 28, 2019 difference at all. So, we think we are adding value to the tax rolls of the City of South Bend. Certainly, there are some out of state investors we are dealing with but, again, the hope is that those out of state investors will be investing in South Bend and maybe even, as I indicated, investing in a business at Blackthorn's office park, or elsewhere in the City. I'm not sure I understood the historic nature of the ground, so I am unable to answer that. Councilmember Jo M. Broden interjected, In terms of just time and length that it had previously been a golf course, I don't know. And perhaps, maybe, it would be instructive to talk about the general development standards in terms of replanting and landscaping that would be required with this. Mr. McMorrow replied, Sure. So, our design will look to make it seem, when we are done, as if this neighborhood existed all along. We are going to work with the grades and the contours there. You'll notice the areas of development, which are shown in crosshatch(referencing a slide in the presentation), preserves a lot of the existing vegetation on the perimeter on the north and west sides. Even some of that wooded area in the elbow, in fact, that little green that is there, we are looking to incorporate into the neighborhood itself so that it might be a little on-site practice green. So, we are going to work with what Mother Nature gave us and hope the community looks as if it has been there forever. Councilmember Gavin Ferlic then made a motion to send Substitute Bill No. 10-19 to the full Council with a favorable recommendation. Councilmember Jo M. Broden seconded this motion which carried by a roll call vote of nine (9) ayes. 11-19 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 121 EAST TUTT STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. Oliver Davis, chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Jordan Wyatt, Planner with the Department of Infrastructure, Planning and Growth with offices located on the 11th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Wyatt stated, The petitioner is requesting to rezone the property outlined in red (referencing a slide in a presentation which is available in the City Clerk's Office) on your screen from MU, Mixed-Use District to LI, Light Industrial District. To the north and east are vacant parcels zoned LI, Light Industrial District. To the south, across Tutt Street is a manufacturing business zoned LI, Light Industrial District. To the west is a temple of businesses zoned MU, Mixed-Use District and GB, General Business District. On site currently is a warehouse and parking lot. The site plan shows the existing structures and the parking lots remain with the addition of proper landscaping. Future development will need to meet the development standards of the LI, Light Industrial District. This property was rezoned last fall for the Weather Amnesty Center and this petition is to return it to its original zoning. This come to you with a favorable recommendation from the Area Plan Commission. I would be happy to answer your questions. Tim Corcoran, Director of Planning for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, served as the petitioner for this bill. Mr. Corcoran stated,As Jordan explained,this is just part of the agreement we made with the land owner to revert the property back to its original state which was Light Industrial. The reason we had moved it to Mixed Use was to facilitate the warming center and as that has now expired, we are fulfilling our end of that bargain which was to rezone it back to Light Industrial. I would be happy to answer any questions I can,but I am sort of substituting at the moment for Pam Meyer. 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. 4 REGULAR MEETING May 28, 2019 Councilmember Dr. Oliver Davis stated, I think what Councilmember Broden said today was very appropriate. If she wouldn't mind, I would like her to share those thanks because I concur with them today. Just for the record here tonight. Councilmember Jo M. Broden stated, Certainly,there are a number of individuals and departments that crafted and put this solution together. It was a very much needed solution, of course, because of our weather elements and our concern for the health and public safety of our chronically homeless. So, I would like to call out a couple of folks. Pam Meyer from the Department of Community Investment. Tim and Jordan. Thank you, staff. Of course, the Administration, in particular the Mayor's Office, for your help in putting this together. And then of course, to the developer and property owner, Mr. Dave Mathews. Everybody stepped up and worked together for a solution. I know additionally that Council received, in a previous meeting, a report from Pam Meyer with regard to the status of the Administration, with Council's help, trying to work on this issue. So, that is available in the public record to get people up to speed, as well. Councilmember Gavin Ferlic then made a motion to send Bill No. 10-11 to the full Council with a favorable recommendation. Councilmember Dr. Oliver Davis seconded this motion which carried by a roll call vote of nine (9) ayes. RISE AND REPORT Councilmember Gavin Ferlic made a motion to rise and report to full Council. Councilmember Jake Teshka 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 7:23 p.m. Council President Tim Scott presided with nine(9) members present. Council President Tim Scott announced, This public process for these bills that are up for third (3rd)reading were at least heard at a previous Council Meeting, in terms of first(1s`)reading. Then earlier today, they were heard in Committee which is a public meeting and has public process where the Committee,which is made up of four(4)Council Members,has a decision to send these bills to the full Council either favorably, unfavorably or with no recommendation. The previous two (2) bills came to us favorably. The Council then, again, hears it for the second (2nd) reading and public hearing here to discuss in front of the public, this public process as well. Once the Committee of the Whole,which is when the entire Council is the Committee,they hear it and make a recommendation, which they just did on both of these favorably. Then they are presented as a third (3rd) reading and then a final vote is had on it. So, these have pretty much been in the works for about a month in this process. They are usually posted for first (IS`) reading, which, is in the packet and anybody can get all the information either online or in the City Clerk's Office. Yes, it does look like we are moving fast here but that is because we are on the final portion of voting on these bills after our significant discussion in previous meetings. There is a public process and the two (2) to four (4) weeks where the information is out there, you can contact Council Members, key stakeholders, and the Administration on any view point you may have on these. BILLS —THIRD READING BILL NO. 10-19 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED WEST AND ADJACENT TO 6100 NIMTZ PARKWAY, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 5 REGULAR MEETING May 28, 2019 Councilmember Dr. Oliver Davis then made a motion to adopt Substitute Bill No. 10-19. Councilmember Gavin Ferlic seconded this motion which carried by a roll call vote of nine (9) ayes. 11-19 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 121 EAST TUTT STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. Oliver Davis then made a motion to adopt Substitute Bill No. 11-19. Councilmember Jake Teshka seconded this motion which carried by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 19-35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING CERTAIN DECLARATORY RESOLUTIONS AND AMENDED AND RESTATED DEVELOPMENT PLANS FOR THE RIVER EAST DEVELOPMENT AREA, THE RIVER WEST DEVELOPMENT AREA, THE WEST WASHINGTON CHAPIN DEVELOPMENT AREA, AND THE SOUTHSIDE DEVELOPMENT AREA ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION Councilmember Gavin Ferlic, chair of the Community Investment Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Tim Corcoran, Director of Planning for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, served as the petitioner for this bill. Mr. Corcoran stated, Tonight, I want to present to you our TIF District adjustments and our development plans we've been discussing since October of last year. What I want to talk to you about are the areas we are adjusting,why we are adjusting those,where we are adjusting those, what the development plan updates are, and then the process and timeline of this. So, the purpose for adjusting, and the over objective, is that by adjusting the TIF boundaries, it is possible for the City to be more forward-looking to fund future priorities and planning initiatives in the added areas, as plans are developed. Such priorities include infrastructure, community assets, and development projects. I will get to some of those in a second. The TIF District boundary adjustments we are looking to make, first (15t), I want to show, this is the City boundary (referencing a slide in a presentation which is available in the City Clerk's Office). This is to help us place where the adjustments are made. Here are our major streets and arteries. Those are the five(5)TIF Districts that currently exist and the four(4)we are amending are the River East,River West, South Side Development Area and the West Washington Chapin Development Area. The Douglas Road Development Area, we are not looking to amend in any way. Mr. Corcoran continued, Currently, the TIF within the City represents forty-three percent (43%) of the City. With the proposed adjustments, that will be reduced to forty-one percent (41%) of the City, in terms of acres. That means we are adding about eight hundred and seventy-nine (879) acres and we are removing 1,468 acres. Also, within this, we are transferring parts of one (1) TIF District into another. One(1)of the places we are doing this is,number one(1),we are transferring 6 REGULAR MEETING May 28, 2019 part of the West Washington Chapin Development Area into the River West TIF District. This is just the area below the City Cemetery. The City Cemetery is something we have been working on for a while and you'll notice during the Colfax two (2)-way street conversion,phase one(1)of that project is in place. The second (2nd) area is, number two (2), the TIF District transfer area that is going from the River West Development Area into the South Side Development Area. I will explore further some of the consequences of that, as well, during this presentation. What this all accounts for is about one point three (1.3) acres being moved from West Washington to River West, and two hundred and twenty(220) acres from River West into South Side. This shift in area will transfer approximately$100,00 of TIF revenue into the South Side Development Area. With that, we want to make sure that transfer of dollars didn't affect any of the debt service that is currently being done through the River West area. Umbaugh, or Baker Tilly now, has shown that there is no net affect to any of the debt service areas. So, we are not worried about that. Mr. Corcoran went on, What I've done here (referencing a slide in the presentation) is to show, the areas in blue are the existing TIF Districts and the areas in orange are the TIF District additions. This is to just simplify it to make it a little bit clearer. The adjustments generally fall into the following three(3) categories. One(1) are areas that have recently been annexed to the City. Two (2) is corridors. So, much like the Lincolnway and Western Avenue Corridors we added in 2014, we are looking to add Mishawaka Avenue and Miami Street as well as parts of Portage, Elwood and Linden Avenue. And three (3), parks and community aspects. So, Leeper Park, the City Cemetery and places like that. So, these (referencing a slide in the presentation) are the recent annexation areas. Starting from the north and wrapping around to the south east, the Baney Property that is now Holladay Properties is looking to develop for Light Industrial use. South of that is the South Bend Chocolate Factory site. Further south is adjacent to the Ethanol Plant where we recently annexed that a few months back. Finally, wrapping around the south is another annexation area. I'm not sure when that was annexed. Nothing has happened on that site yet, but it makes sense to put it into the TIF District to collect the revenue that might be generated off of new development through there. The areas in blue are the corridors I mentioned earlier. We have in the north Portage/Elwood, we have Linden Avenue, Miami Street and Mishawaka Avenue. The reason we added these in was, because of the success we've seen on Western Avenue and Lincolnway as well, we wanted to forward think about how we might do future planning in those areas. Some of those areas we have thought about already, like the Portage Elwood area,but there are possibilities in some of these other areas as well as we move forward. Finally, parks and community assets. We've put in a lot of parks. The Zoo, for instance, Pulaski Park, the History Museum, the City Cemetery, what might be Coal Line Phase Three (3) down the road. We don't know how that might happen,but we wanted to get it into the TIF now,that way there is a possible funding source for the future. Leeper Park, Muessel Grove Park and parts of the river extending south of Leeper Park toward Madison Street. Mr. Corcoran continued, So, I'm going to zoom into this area in the box for you all to see. This kind of illustrates those areas we were just talking about.The development plans are the underlying documents that sort of speak to what can be done in the TIF Districts. So, why do we need to update these? One(1)of the reasons is that, for instance,the River West has been an amalgamation of what were sub-TIF areas.What we've done is basically amalgamated all of those over the course of decades, and they are actually not usable. They actually take up an entire drawer in a filing cabinet.They are practically unusable and they're certainly not accessible to both the staff,in some ways, and certainly the public. So, our objective is to amend and replace the existing documents with new documents that you have as part of your packet. We want to make sure we align the development plan goals and objectives to be consistent with the City's Comprehensive Plan so that those two (2) plans speak to each other. We want to ensure the development plans are accessible, and I mean readable. They need to be able to be seen by the public as well as staff and Council Members. We want to also ensure that the context of the development plans comply with current State Law. It is State Law that dictates the content of the development plans and this is the basic required content. The history of the development area, the location which is just a map and a legal description, development area activities, so,what we can spend TIF on and that is clearly stated in State Law, and goals and objectives. Statutory findings, there is an acquisition list of real property and I will get to what that means as well. Finally, there is a procedure for amendment. What we are doing right now is part of that procedure of amendment. 7 REGULAR MEETING May 28, 2019 Mr. Corcoran went on, So, in addition to the development plan, we also engaged Baker Tilly to do a financial impact analysis. They prepared an analysis and impact statement for the overlapping taxing units. The adjustments will have no net affect to the overall TIF revenue. All the added area, for instance, is baselined out. So, it's not collecting anything. It's only if future development happens where there will be a positive impact. The areas we removed have a very negligible affect to funds coming into the TIF District because they haven't been developed. Mr. Corcoran went on, I said $100,000 before but it's actually closer to $160,000 of River West Development Area Funds, those will be shifted into the South Side Development Area due to the transfer of land, that two hundred and twenty(220) acres that we talked about. There is about six hundred and twenty-five dollars ($625) of West Washington TIF Funds that will shift into the River West Area. Part of the development plan includes a property acquisition list. I think these words together are kind of scary for the public. What we wanted to do is, one(1) explain what the property acquisition list and, two (2), align that list to potential, and I want to highlight the fact it is potential,priorities. There are nine hundred and twenty-five(925)properties being added to the acquisition list. For instance, all of downtown is already on the acquisition list. Being on the acquisition list does not mean the City is going to actively try and purchase or acquire that property. However, if that property is on the acquisition list and there is a City project we want to try and facilitate, it allows for the Redevelopment Commission to negotiate with the property owner in order to come to some sort of mutually agreed price for that property. The Redevelopment Commission does not have what the City has in terms of eminent domain power. They cannot just take property for a particular use. So, like any sort of property transaction, you can come to a mutually agreed price and that negotiation ability is why we put a property on the acquisition list. If the City wanted to purchase a property,we have to go through a standard procedure through the Board of Public Works. We get two(2) appraisals for a property,we take the average of those two (2) appraisals, and that sets the value. Now, it might not be the value that you think the property is actually worth, but that would be the only way the City could buy the property. This just enables the Redevelopment Commission to be more flexible in how they purchase property by,essentially, being able to pay more. Mr. Corcoran continued, Two (2) weeks ago, when I gave this presentation to the Committee, Councilmember Broden had some updates she wanted to incorporate into each of the development plans. Those updates hit four(4)main areas. The purpose, the development areas activities, goals and objectives, and procedure to amend. I just wanted to note that Councilmember Broden and I worked together to incorporate all of those additions we had. We went back and forth a couple of times to make sure that we were both ok with the wording and as well as making sure from a legal point of view, through our legal team, those amendments were made. You can see those amendments in the documents you have in front of you. One (1) thing we did that we didn't have to do, at least not in terms of what the State Law requires, was we had two (2) additional public engagement sessions. We mailed 1,450 mailers to all the property owners who are being added into the TIF. We set up a website and the postcard we sent out is depicted in the upper right corner there (referencing a slide in the presentation). We had two (2) meetings. One (1) was on March 27th at the River Park Public Library. The second (2"d) was April 2nd at the Charles Martin Youth Center. Generally speaking, this was a time for anybody being added into the TIF or added onto that acquisition list to ask us questions and to explain how all of this works. We went through a pretty elaborate presentation to explain all of that. Generally speaking,there were about thirty(30) people total that came to those meetings. Again, there were actually a lot of people that spoke in favor of it, especially in the Mishawaka Avenue area. Mr. Corcoran went on, In terms of our TIF District adjustment process, we've gone through the Redevelopment Commission and this is where it started with their Declaratory Resolution on April 11th. It went to the Area Plan Commission on April 16th. That was approved. We came earlier to Council to do this,we delayed that two(2)weeks until today.And then finally,once it goes through Council, it will go to a public hearing. We have to publish that notice of public hearing, ten (10) days prior to the Redevelopment Commission's confirming resolution. So,as you can see,we have the letters printed and the names on the envelopes, ready to go, so we can get that mailed out, so people understand and know when that Redevelopment Commission meeting will be held. We also wanted to make sure that if there are more people who wanted to come to that Redevelopment Commission meeting, which is normally held on the thirteenth (13th) floor of the County-City 8 REGULAR MEETING May 28, 2019 Building, we moved it into these Council Chambers. We want to make sure everyone can be accommodated. With that, I will take questions. Council President Tim Scott opened the floor to questions from Council Members. Councilmember Dr. Oliver Davis stated, I would like to refer to our attorney. You and Mr. Corcoran had talked. Can you share the content of that conversation? Council Attorney Bob Palmer stated, We talked about Committee this afternoon and Council has expressed some concerns about the interaction between the Administration and the Council. We talked about the Council introducing a resolution to address those concerns and it would be in conjunction with, but not necessarily at the same time as, this resolution being voted on. For example, Tim and I spoke earlier, if the Council were to pass this tonight, a resolution will most likely be passed, or at least introduced, at the next Council meeting, to outline the Council's expectations and tensions with the Administration in completing these TIF realignments. Mr. Corcoran replied, Just to note, we are happy to continue working with you in order to address your concerns. I'd like to note that we delayed this action until today in order to take into account Councilmember Broden's suggestions. To me, that is a willingness to work with everyone here to work toward a mutually agreed upon solution. Councilmember Jake Teshka asked, Is there a reason why there will be a separate resolution down the road, and not just added as amendments tonight? Council Attorney Bob Palmer replied, If this bill was amended, it would have to go through all of the preliminary steps and through all the other commissions before it came back to Council. That is why we were looking at a separate stand-alone resolution that the Council could pass on its own, without any involvement from the other commissions it has had to go through and pass. Councilmember Jo M. Broden stated, Mr. Corcoran, thank you for your long work that really does date back probably an entire year on this. I know some other members are here from the department. So,thank you all for your work and for putting this together. I think it will bring clarity to all of our decision processes. Whether it be at the Redevelopment Commission or the items that eventually circulate to our desks and for our consideration as a Council. This really undergirds those decisions. So, the clarity will be greatly appreciated, and I think an excellent tool going forward. I also want to thank you for the delay and postponement and your work in considering these amendments. I appreciate the changes that have been made. I think some of those are significant and I'm glad the department and the Administration were supportive of those. Then I think hitting the public meetings twice, the piece you did not have to do, I think it was smart and I also appreciate that from the aspect of TIFs and realignment and, you know, lists of properties to be acquired. All of that really didn't necessitate, in my opinion,the information sessions. I'm a bit disappointed they weren't well attended because this is a very common question that we as elected officials have to deal with. One(1) on one(1), phone conversations, in meetings, every time there is an abatement, a TIF, I mean, this all comes up and it certainly was a topic of conversation in the past primary election. So, thank you, on all of that. Councilmember Jo M. Broden continued, A couple follow-ups, if I might ask, the Baker Tilley, the former Umbaugh group, the analysis and impact report, is that something that could be accompanied into the record with this PowerPoint? Mr. Corcoran replied, Those reports can be provided to you, obviously, but they are just part of a step that is required to ensure that whatever we are doing is not having any negative impacts. Because we are subtracting areas that are not generating TIF, it is basically no impact. But, I can ask to make sure if we can, we will add it to the record. The PowerPoint will be available though. Councilmember Jo M. Broden followed up, With regard to the meeting, the next step on this, it is going to the Redevelopment Commission. It said June 13`h. Do you have a meeting time for that meeting that you can announce? I appreciate having it here in the Council Chambers. Mr. Corcoran replied,The meeting time is the standard Redevelopment Commission meeting time. That is 9:30 a.m. 9 REGULAR MEETING May 28, 2019 Councilmember Jo M. Broden stated, Ok, I would like to encourage, and again I appreciate the schedule change for this venue, but if that meeting could be looked at by the Administration to actually be at or after 5:00 p.m. I think, again, we have an opportunity to build awareness, educate some,and basically take the veil away from the really smart work that this represents.For a number of reasons, I strongly encourage you to do a 5:00 p.m. meeting on that. Then as I had shared in my comments by letter with regard to the amendments, much of this hinges on, if you put this all together, the development plans because they are our shared road map. Could you please address, and you and I went over this, but it really does add to our understanding as a Council and a community, but Appendix D, the development area plan documents that are part of each of these plans, could you speak to those plans and how they tie into all of this? Mr. Corcoran replied, The development plan is required as part of having a TIF District. That development plan is sort of a road map to what types of things the Redevelopment Commission will be looking to do and what things the TIF funds can be spent on. We wanted to make sure that each of the development plans aligned with the City's Comprehensive Plan very closely. As you know, you all adopt the Comprehensive Plan and any adjustments to that comprehensive plan. So, for instance, neighborhood plans that become adopted by Council automatically become part of the development plans for each district. Secondly, while each of the development plans are similar to each other, where there were distinct differences, such as the West Washington Chapin Development Area which is an historic area,we wanted to add a little bit of extra language, adding some historic things, because that is part of what makes up that TIF District. So, there are some small nuances between the development plans. Generally, they are pretty similar so as to align with the Comprehensive Plan. When we talk about how the public is engaged in many of these things, any neighborhood plan or any adopted plan that comes before the Council is automatically then part of this development plan. So, in a sense, there is a lot of engagement that does go on in order to get those plans in there. For instance, if you think about the Western Avenue street scape projects, those are TIF funded. That started with the West Side Main Streets Plan. That plan was adopted, the TIF was adjusted, and we've been building. So, that is kind of how all of this is interconnected. It really is part of the State Law that requires us to have this, but we wanted to make sure it was clear and concise. Councilmember Jo M. Broden stated, Ok, so my two (2) final comments. So, the tons of public engagement that goes into the participation, and by public, I just want to emphasize professional planners, your department, local business individuals and groups, social, I mean, there are a lot of folks who when a plan is done right, and in a timely way, it really should reflect the direction and, I guess, will of the neighborhood. It should reflect our vision, whether it is a corridor or a specific piece of land in the area. Knowing that, and then the formalized process it has to go through to be a neighborhood plan, I want to make sure I'm understanding this correctly, those plans actually then become part of the Comprehensive Plan, correct? Mr. Corcoran replied, Correct. Councilmember Jo M. Broden went on, Then, the next piece is, that comprehensive plan should then also be inclusive of these neighborhood plans, and they should be the guiding principles, right?And sometimes down to the detail in terms of that shared vision. So, I appreciate the process and this connection you've gone through, but back to my remarks. On all of this, I mean, we can carve our areas and label them TIF,right,on a given map? We can have a really clear plan in terms of what your department has done. And we can have the neighborhood, etcetera plans, inform that, right? It can be the guiding document for both the Redevelopment Commission and the Council. But, I think it all really, and that's great. But I think it all hinges on, and these are the three (3) points I hit in my letter and I did want to touch on them tonight. I think there is a requirement, and I would harken back to this Council's work, Councilmember Davis introduced Bill No. 16-90 in 2016 about bi-annual updates on the plans to Council. Then also, how can we review these and revisit them in a timely manner so that we can make sure that vision doesn't get stale?To my point, I think I would like to see, by tonight's action, we can approve the boundaries. We can approve the realignments and the shifts. We can have a really good and strong document with the intention that the Comprehensive Plan includes these smaller neighborhood plans, but really where the rubber hits the road, those plans because we are all reliant on them for really large amounts of funding as well as decision-making here in the Council, it really does hinge that those plans are 10 REGULAR MEETING May 28, 2019 updated on a regular basis. They need to be pulsed. Does it reflect our vision at the neighborhood level? That has got to be a priority. I would suggest that in 2016, Bill No. 16-90, it was said it was a priority of the Council Members who sat to my left and right back then. So, I guess my request is making those updates a priority. We need to schedule those updates. Each one (1) of these area plans have plans behind them that are approved. So, reviewing those and updating them is important. Then there are some areas within these identified districts where there really may not even be a plan. So of course, then, we must start down the road in doing those plans. But, that has to be a priority and it has to be scheduled. Councilmember Jo M. Broden continued, That gets to my second (2"d) point. We as Council, but the Administration in particular,has to embrace that concept and, frankly,budget for that. Whether that is in-house staff or whether it is with the help of a consultant, and I do want to underline help, because this comes down to where people live, walk and spend the majority of their time. So, I want to make sure that as we go into budget season, you've heard the priorities of this Council in the past. I think we are all better-served by documents that are refreshed, up to date and that pulse is still in our vision. Then third (3rd), the Redevelopment Commission is made up of appointed individuals. They are not elected individuals. The tremendous amount, the millions of dollars that are spent on an annual basis through there, there are opportunities for greater transparency and greater education of what goes on there. Because these are tax dollars shepparded away, we don't generally have the first (1St) look at them in terms of those decisions. So, it is very important to me, and I hope other Council Members will join me and, if it has to be by a resolution at our next meeting, frankly, I think it could get done by a commitment. A commitment to transparency that takes the Redevelopment Commission meetings to 5:00 p.m. That is so the public, who has so much invested in this, can be a part of that process. I would like to see that effective July 1. I have been asking for it for four(4) years. Or, three(3) going on four(4). I really think for transparency and for our shared vision of where we want to go for our community is really important. So, I shared that earlier, I thank you for your indulgence Council Members for letting me do that again. I've set forth, pretty clearly, what I would expect, frankly, at this point, three (3) and a half years into my term. Then, finally, the last piece, oh no, that's it. Council President Tim Scott stated, Thank you. I would like to remind Council that we will have time for comment later. This is the time to ask questions to the petitioner. Councilmember Dr. Oliver Davis stated, In light of what was just shared from Councilmember Broden, and the question from Councilmember Teshka, if we were to put together a resolution, isn't it possible to meet the needs she has talked about? I have thoughts on that. Council Attorney Bob Palmer assisted Councilmember Dr. Oliver Davis with the possible timelines of introducing the proposed resolution. Councilmember Jo M. Broden stated, This thing really needs to get passed tonight. I think we can do a resolution. If it's unanimous, a four (4) five (5) vote, it will be taken on its merit. It sounds like it can be done in one(1) meeting and as a resolution. Then it goes to the Administration. The Redevelopment Commission is a combined commission of Council appointees and Mayoral appointees. If transparency is a priority and if we really do feel education on this very important funding mechanism, this is what it is all about. It is a very important funding mechanism and tool that is critical to our City. I don't want to hold up anything tonight and would be fine with doing a resolution. Councilmember Dr. Oliver Davis stated, Since it's the Redevelopment Commission, I mean,what kind of teeth would that have? Council Attorney Bob Palmer stated, Resolutions are not legally binding on any party. It is an expression of the Council's intent and desire of what it wants the Redevelopment Commission to do. It would not be mandatory in any way. Councilmember Dr. Oliver Davis followed up, Then the question comes, do we as a Council have the authority to make it into an ordinance? I know it would be a longer time, but do we have any authority to change the times? Council Attorney Bob Palmer replied, I do not believe we have the authority to govern the Redevelopment Commission. 11 REGULAR MEETING May 28, 2019 Councilmember Dr. Oliver Davis stated,My point then is,if we don't have the authority to do that. Mr. Corcoran does not have the authority to change the meeting time. So, how in the world can we set up a resolution to address those issues if he is here in front of us and he doesn't even make the decision for that? Do you see what I'm saying? Council President Tim Scott stated, I think resolutions are part of this process to tell the Administration that this is a priority. Nine (9) of us, or however many of us agree, need to drive that home.While the timing isn't the greatest,we are also all welcomed to go to the Redevelopment Commission meetings to drive that point home as well. I think it starts with a resolution, formally stating what we need to state, and then putting it on the agenda. We need to drive that home that there is a call to change the Redevelopment Commission. Councilmember Dr. Oliver Davis stated, I just wanted to make sure. I mean the issue is, in 2014, when we had the other part, we heard from Mr. Bognar this afternoon that a lot of things promised did not come through. We just had the issue of 2016 saying we were going to get regular updates. This is 2019, I mean, so personally, we've passed two (2) different situations very similar to this. The follow up, on both occasions, did not net anything. So, that's my concern. We cannot do an ordinance to control the Redevelopment Commission. The last two (2)resolutions did not do that. It is almost to the point where we pass these and not expect anything. We need to keep the fire under this year and next year. Council President Tim Scott stated, I want to bring it back to Bill No. 19-35. This has been a side bar. I think this is all good conversation and this bill has given birth to that conversation. Councilmember Regina Williams-Preston stated, Thank you, and I have some wonderful comments later. You added sites to the acquisition list. Did I hear correctly when you said you added those sites so that every parcel within the TIF District is on the acquisition list? Mr. Corcoran replied, No. We thought about it because it would make things easier but, at the same time, if there isn't real reason to do it, we just didn't do it. Why stir up controversy for no reason? Councilmember Regina Williams-Preston followed up, I know we've had visioning sessions on the Portage Elwood area and I know we extended the boundaries to include some of that area. So, I'm curious, are those sites on the list? Mr. Corcoran replied, Those were not ever on the acquisition list before, but I think if it's a commercial or retail area, we probably would have added it into the list. Councilmember Regina Williams-Preston stated, I wasn't able to discern if it was on that list or not. When we had the visioning session, those were the questions. Mr. Corcoran replied, The areas we are adding in that area, I do believe, are being added to the acquisition list. Where we shy away from adding is if it was a residential property but, again, if it wasn't part of an immediate plan or something we had thought about,we didn't. For instance,Coal Line Phase Three (3), that is an idea. It may happen many years down the road, so, we did add areas through there but where we've added other areas, we didn't add all those areas onto the list. Council President Tim Scott stated, Just to follow up, part of it was the east side of Portage, north of Elwood, to help with the enhancement of that commercial node that was left out of the last realignment. That was a request on my mind. Councilmember Regina Williams-Preston asked, So, you'll let me know? Mr. Corcoran replied, Yes. All the addresses are on there,but I'll follow up with 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. Janice Kimbrough, 1701 West Linden Street, South Bend, IN, stated, I am in favor of this. My family owns quite a bit of property down College, all the way down to Brookfield, and we would be interested in planning some redevelopment for that area. So, I'm in favor of that. 12 REGULAR MEETING May 28, 2019 Jason Banicki, 3822 West Ford Street, South Bend, IN, stated, I'm not opposed to all parts of the TIF being realigned because we definitely need to update and move some of those boundaries. But,there are definitely a few areas that draw my attention. One(1), all of the voluntarily annexed land being included into the TIF. That will have a negative impact long-term because most of that is undeveloped land and will have a very low property value. Then, of course, when development that is already anticipated on this land comes in, now it will all be captured in the TIF District. Well, these places asked to be part of the City. It doesn't mean they should get to the front of the line and have access to new infrastructure enhancements that people in the City have long been neglected from. The Zoo. I've talked about it for years and I'm going to continue talking about it. They asked to be let out of the City's budgeting process because they said they can do better.Then they came to us a few years ago for a food and beverage tax. Taxpayers said no, you wanted out, you're out, don't come to us for more money. Now we are realigning TIF,they are back here again trying to get into our tax payer dollars without the oversight that should be required from the Council as part of their budgeting process. They want us to pay for their wants, not their needs. TIF is not the means for that to happen because it will not improve property values for the surrounding properties. It will not add TIF dollars to the roll. Anybody who has lived in South Bend from 2008 to today have seen their property values rise. That has a positive impact on not just our City but for our parks and for our schools. Well, right now, our schools are struggling and when we add all this new TIF land in, the schools don't see that benefit because all those TIF dollars go to the Redevelopment Commission. We need to make sure we are not just looking out for our redevelopment needs and wants, but we are looking out for our schools. A lot of us who ran, a lot of people up here talked about our schools the past few months,TIF is a negative impact on our schools. I think it is great we are going from forty-three percent(43%)to forty-one percent (41%) of our City, I still think forty-one percent(41%)is way too large of a number to be in a TIF District. You are talking about two-fifths (2/5) of our City where we are giving up a whole lot of our tax dollars and turning over the oversight from the Council and the Mayor over to an appointed commission. As taxpayers, we want to see our elected officials in charge of those tax dollars, not appointed individuals. How about we postpone this, since we've been asking for years for oversight from the Mayor's Office and feedback, and for these meetings to be moved? How about we say, hey, you want this approved, not until you move the meetings to 7:00 p.m. so the general public can be a part of those Redevelopment Commission meetings? Until you move those meetings, we aren't moving your TIF boundaries. Until you agree, in writing, to give us biannual updates on this, we aren't approving your TIF District changes. That is part of the legislative process. Now, you have some power to say, until we get what we want, you're not getting what you want. I would say this is an opportunity to postpone this and use your power of the legislature to get some changes. Wayne Hubbard, 215 East Fox Street, South Bend, IN, stated, I would like to know who the appraisers are. I would like to know if you guys are the people who do the appraisers. If not, I would like to see if that is a conflict of interest if it is a closed door to you guys. I'm not sure how that goes. Also,how much of the City does the City actually own? How much more is given away through this program? It kind of seems like they're asking you to sell out. So, I'm just asking for your opinion on it. It seems like a slick way for them to get more land for motivated sellers. Joseph Jones, 605 Donmoyer Avenue, South Bend, IN, stated, There is a lot of talk that goes over the heads of a lot of voters, whether it be a Council meeting, a Plan Commission meeting, I say things to my family members at times that go over their heads. I've got very simple questions. One (1) is, as far as tax incremental financing goes, if I own a home in South Bend and I want to do renovations on my home which will increase the tax value, am I able to come apply for tax incremental financing the same way developers who are doing these bigger projects are? Because, if not, and this isn't contingent on anyone's answer to the question, I'm opposed to this bill on the grounds of due diligence and equal access. Due diligence being, as Greg mentioned, the commission where meetings are held about what we are doing with the land once we rezone it, those meetings are being held when a lot of people are not able to attend. If you want to drive a point home to the Mayor, or the Administration at large, stop doing what they want you to do. It's like raising a child. If you don't give them consequences, they're not going to stop what they're doing. If you want to drive a point home to the Administration about what Councilmember Broden talked about, as far as transparency goes, don't approve the resolution tonight. Tell him, if you 13 REGULAR MEETING May 28, 2019 want a resolution approved to rezone land for these projects, then you have to have your plan all the way in order before we do that. Just like if I try and go to get a small business loan and start a small business in South Bend, I'm going to have all my I's dotted and my T's crossed. That is where we get into equal access and equal standards. If I have to have every I dotted and every T crossed on my paperwork when I go to apply for a small business loan, and I know how that works because my family used to own a small business in South Bend, then the City needs to have their paperwork and their plan all in order before we put that amount of the public's taxpayer money on the table. Projects and the TIF realignments and so forth, they affect everybody else's property taxes. I'm very fortunate. I have seen the assessment paperwork this year on the property where I make residence. The value was higher this year than it was last year. That obviously means the tax on the property is going to be higher. Nothing has changed with the property I live at. We've done no renovations.The reason I stand opposed to the bill being considered is that it is obvious,tonight, as Councilmember Broden and Davis spoke to, the process is not completed for what is going to be done. We are supposed to give approval for the use of tax money to do it. Eli Cantu, 1813 South Douglas Street, South Bend, IN, stated, I won't take too much of your time. All I really want to make a point of it is that we should want to be inclusive. I think inclusive comes in three (3) different ways. You could open up your doors and let people come in. You could also open up your doors and don't judge how people come in. Because, a lot of times, that happens. Then we could take a step further to also be inclusive and not judge people how they come in, but we can also go to them. Me, from training kids in different neighborhoods, I would notice if I trained in a specific area, I couldn't expect the kids from the north west side to come over if I am on the south side. So, you really have to take it to them if you want to be inclusive. I, for one (1), am the Vice President of the Rum Village Neighborhood and I believe part of this is in the south side area. We never heard about this. This never came to us and we didn't have any input on this. If I'm looking at this, my thing about TIF is it should be about the neighborhoods. It should be for the development for our neighborhoods. It goes to private companies. I look at this map and I see the Studebaker footprint. Five (5) brothers, symbolizing family, starting a huge worldwide company, now we are giving these TIF dollars to companies not even from the City. Why can't we envision our people here in South Bend and give them the respect and help to assist them to have companies. Maybe instead of giving these breaks and this money to people from the outside, give it to local companies and promote local entrepreneurs. The point I'm trying to make is we want to be more inclusive. I completely agree with Councilmember Broden. I appreciate what you're saying, and I think it is very important. If you guys have the option, I would hope you table this to get further input from neighbors who actually live there. I appreciate you had listening sessions but those don't cover the whole City. That is all I want to say. Maybe make another reach that is more effective. I don't think they were very effective. A lot of people that are going to be affected weren't able to give their input. Councilmember Regina Williams-Preston stated, I would just like to thank the Administration, Tim, and everyone who worked so hard on this over the course of the last several months. Even in your presentation, it was apparent you're hitting some of the marks we have been saying. One(1) of the slides in the presentation highlighted the areas that were parks. It was a visual representation, for me, of how we've been calling for development to happen outside of downtown and all around the City. It was very noticeable that this realignment will provide money for redevelopment in all corners of the City. I want to thank you for that. Also, I think I want to thank you for being responsive to the people in District Two(2). Initially,that area for LaSalle Park was not completely a part of this realignment. Also, Linden Street was not initially included. Based on interactions with residents, over on the Lake and over in Kennedy Park, they asked for that to be included and you included that. So, that is going to be a really important piece for redevelopment in a new way in a historically black business district. We will be able to bring that back to Linden Street. Also, we need to make sure we are redeveloping all areas around the Lake which includes some of those residential areas. So, I appreciate that. I would also like to speak to some of the things members of the public stated tonight. I'm in favor of moving this forward tonight because I know there has been a lot of work done by, not just the City and the Council, but also by some residents in the neighborhoods who are really looking forward to moving on into planning and developing their areas. I agree that we need to increase our connection and communication with the neighborhoods, so people can be more a part of the conversation going along. I also notice we need more education 14 REGULAR MEETING May 28, 2019 on what TIF is and how it can be used. We have done some work with some community organizations such as the Community Forum for Economic Justice. They held a forum several months back on TIF to explain what it is. We actually invited some people from the Redevelopment Commission and some local economists to speak with regular folks. It was held at the Main Branch Library. Again, we have to do a better job of letting people know when these opportunities are happening so that more people can get engaged in the discussion. It is exciting tonight, for me, to see so many people wanting to know more and challenging your elected officials,because that is what you need to do at every moment. It is also on us to make sure we are engaging the people we represent. I know I've seen each and every one (1) of these folks advocating for their neighborhood and I see that is coming up in this legislation.The work we have all asked to see is happening, and maybe we aren't sharing that well enough with the people in the community. We need to do more of that. I look forward to doing more of that in the future. Councilmember Regina Williams-Preston continued,Finally,about schools,this is a piece we need to talk about because one (1) of the things revealed in that meeting we had about TIF is that TIF can be used in a lot of different ways. That was one(1) of the things we were challenging the City on. We were asking why we are doing this, and it hurts schools. If you know anything about me, you know that is a really important thing to me. We need to make sure we are doing everything we can to support the schools. One(1)thing that we learned was,we could expire the TIF Districts, but the way schools are funded, that might not be our best option because when those tax dollars go downstate, the State makes the determination and they might not necessarily support public schools. So, it is important for us to understand that it might actually be better for us to have that money in the TIF District so that we have local control over those dollars and how they are spent. What that means is,you all have to be able to come to those Redevelopment Commission meetings and keep the pressure on elected officials and those making those decisions in order to use that money for the schools in a way that we want. Finally, we learned about a thing called the Residential TIF. That has been used. Somebody asked about applying for that. If we want to look at a Residential TIF, the pros and cons, that is a discussion we can have but we need more education, not just for the residents,but also the Council, on what we can do to move forward on that. So, Councilmember Broden's point about getting those meetings to a time where people can come, we've been talking about that for a long time, that will help us all engage in a way that we can bring about the best use of these dollars and make sure that everybody is included on these decisions. So, again, thank you. I think we've done a lot of really great work, and I want to honor that, and I also want to make sure that we do echo the sentiments of those that came forth. Yes,we will continue to engage and yes,we will make sure we make time and are available to not just hear your input, but your input has impact on decisions moving forward. Councilmember Sharon L. McBride stated, I agree with everything my colleagues have said. I also appreciate you looking at the Third (3`d) District because it has increased our TIF in our neighborhood. Specifically, I know one (1) of our parks is being renovated and will be opening this summer. So, that is a great use of TIF. The engagement we've had with the Miami Neighborhood Association and SOAR has been great, as well as River Park. I appreciate all the input and insight we have had. The Miami Corridor definitely needs an uplift to get businesses back up in that district. So, I just want to say thank you for taking our thoughts and suggestions into consideration. Councilmember Jo M.Broden stated,Very quickly,statutorily we don't want to get into anybody's lane, right? In terms of the decisions that are made. We have our representation on the Redevelopment Commission as two (2) members. It's a five (5) member body. We are outnumbered,ok? But,it's not about being outnumbered. It's about collaboration and about input. People want to be a part of these decisions. People want to understand the process. People want to shape their own community. Sitting at a meeting matters. Even if your mouth is shut the entire time, sitting at a meeting matters. It matters to you and that's important. I value that. It matters to me, even it you sit there and your mouth is shut, it matters. It matters even more, in some regard, if you get up and talk because what comes out of your mouth makes us all better. It challenges our ideas. It makes us be on our toes, ok? So, a change in time is all I'm asking for. I would be happy to put that in a resolution. 5:30 p.m. would be a dream. That is when most of us hold our meetings in the community. When Public Works goes into the community, when South Bend Police goes into the community, when any neighborhood group meets in this community of ours, they are 15 REGULAR-MEETING May 28, 2019 dealing with important issues that matter to people. It is about their own property and their own shared space in their given neighborhood,or this entire community,right?We are all invested. We are all citizens here. What we do in our geographic boundary within the City of South Bend, also matters to the institutions like our public schools and public library. The taxing entities at the County level, other groups are dependent on the decisions that we make as a Redevelopment Commission, ok? These are important decisions. They need to be in the light of day, specifically in the evening, and there for God's sake doesn't need to be, by law, I've read the law, a public portion on the agenda. By, for God's sake, why can't we hit that mark? Sorry for the lecture. Councilmember Jake Teshka stated, I concur with my colleagues. Councilmember Davis pointed it out earlier, we pass this thing and it would be giving up our leverage to make these changes. I would just like to see that these meetings be moved. There is so much money funneled through the Redevelopment Commission and it's not even to make it more accessible for the public, but for Council as well. Sure, we get all the agendas and packets, and I appreciate that, but there are discussion and things that you don't get by reading a packet at home by yourself. Council is a part- time gig, at least it's paid as such, and so we all have other jobs for the most part. To make a meeting at 9:30 a.m. is typically difficult. I know I would go to more if they were later. Councilmember Dr. Oliver Davis stated, It is my twelfth (12th) and final year on Council and at the end of 2011, we had a meeting with Mayor Luecke. We asked about TIF and what the uses are, and we had a big debate in that meeting. There is a grey area and we had a nice twenty (20) minute discussion on the color of that grey. The State definition, back then, Valparaiso was using TIF money to get police cars. Why can't we use it like that? Why can't we be more creative? We had that discussion in 2011, a new mayor comes in. In 2014 we were promised a lot of things. We were told we would get updates on a lot of things like the City Cemetery, and that's been great and I'm glad for that, but a lot of that never did follow through. In 2016 we wrote a resolution to have updates and it's always on us to have to do that. In the last campaign, it was stated that if you like what's going on, currently, vote for the person who was closest to him and went to elementary school with him. People did. So, basically, people said they like the meetings at 10:00 a.m. Ok? So, unless you put some teeth on it and say we are going to hold this hostage, you're not going to change. I'm going to hold, this, this, nobody changes that. As a social worker in life, nobody changes that if nothing is changed. If you don't apply some kind of change,the other change is not going to have that reaction. So, there is no way I can support this tonight. Councilmember John Voorde stated,It should be evidently clear,on the part of the Administration, that the Council favors a change in the time of the meeting of the Redevelopment Commission. It could, and should, be done. Councilmember Gavin Ferlic stated, I would like to make a statement on the bill. Thank you for listening to Council's priorities regarding the TIF realignment. I think this all stemmed from a conversation with the Council in terms of our priorities to be potentially helped by TIF. So, thank you for this bill. Councilmember Karen White stated, I, too, would like to thank everyone in the Administration and others that have been involved with these discussions that really started in October of 2018 as we began to look at the realignment. I would like to personally thank the citizens who were able to participate. I want to ensure that the areas we heard of are reflected in the realignment. Of course, there remains much to be done, but this is a beginning. Clearly, as we begin to listen, and you've heard from Council Members and citizens that came forth, there is a need for clarification and education in regard to the role of the Council as it pertains to redevelopment. There needs to also be more information on TIF and what it can and cannot be used for. Most importantly,there needs to be an ongoing mechanism in place for full engagement and education as well. We started doing the budget process last year with having what we have titled the Budget Educational Series. One (1) dealt with TIF and, again, we still see the need. I am in total agreement that not only do we need to send a resolution, but we must hold ourselves accountable to make sure that information is forthcoming and that we have all the information we need in order to move forward. We talked about having all the various plans being submitted to this Council on a quarterly basis. That did not happen. So, we have a responsibility to make sure the education is forthcoming and that the citizens are fully engaged. When I look at those numbers of citizens that participated in the series, we as a Council, have to make sure that our citizens have the information, they are encouraged to 16 REGULAR MEETING May 28, 2019 participate, but also make sure they have other means to disseminate this information. Again, as I begin to look at our Standing Committees, there is a lot we can do through our Standing Committees to really have that full engagement. Then, we can take that information and begin to form what we need to have to ensure the various districts have all the resources and services they need in order to be full participants in that process. I thank everyone. I am in total agreement for the resolution. I think it needs to be very clear. After the resolution has been presented, we then have a responsibility that we have a time frame in which we get the information. I encourage we invite members of the Redevelopment Commission come give quarterly reports to the Council to establish that relationship as well. Councilmember Tim Scott stated, I agree with the resolution and agree with the conversation that came out of this.Bill No. 19-35 is about boundaries and I appreciate the alignment and adjustments, especially the ones in the first (1St) district, that helped set the table for any business, local or beyond. What this does is it provides tools and opportunities for people to make adjustments. I am not a big fan of us versus them and leverage over the Administration, that type of thing. We are all in this together and we should be able to work in collaboration like we have done on this part and on other things. We need to work through it in a positive way with a positive solution that benefits everybody, even the citizens of our lovely City. That said, I am supportive of this. We have been talking about two (2) different issues. This gave birth to the resolution and that discussion which I'm happy to support as well. If the Council doesn't see the Redevelopment Commission is doing exactly what we would like to see as representatives of the citizens of South Bend,that is our point. That is our job to make sure that we put their feet to the fire and we make sure things are done correctly and in the most transparent way. I am going to support this and look for a resolution from those that want to do it in two (2) weeks. Councilmember John Voorde made a motion to adopt Bill No. 19-35. Councilmember Jo M. Broden seconded this motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Dr. Oliver Davis). 19-37 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACCEPTING AND CONFIRMING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DETERMINING THAT THE ASSESSED VALUE OF PROPERTY IN THE DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA FOR TAX YEAR PAYABLE 2020 MAY BE ALLOCATED TO THE RESPECTIVE TAXING UNITS AND OTHER RELATED MATTERS Councilmember Gavin Ferlic, chair of the Community Investment Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Beth Leonard Inks, Director of Redevelopment Finance for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Ms. Inks stated, I'm here to bring this resolution to you. As we've discussed before, we've stopped bringing in the Douglas Road TIF. We are trying to finish off the one(1) last project we are doing over there, and we expect to use money we have on hand to be able to do that. Councilmember Jo M. Broden asked, What is that project? Ms. Inks replied, We are working on the relocation of some utilities. 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. 19-37. Councilmember Karen White seconded this motion which carried by a voice vote of nine(9) ayes. 17 REGULAR MEETING May 28, 2019 BILLS ON FIRST READING There were no bills for First(1St) Reading. UNFINISHED BUSINESS Councilmember Dr. Oliver Davis requested updates from the Administration on the progress of quiet zones for train horns as well as development with the South Shore Train Station location discussion. Council President Tim Scott assured updates on both of those issues. NEW BUSINESS Councilmember Tim Scott stated, The South Bend Police Department had a third (3`d) shift cookout this past Sunday. I was there last year and there were, max, maybe two hundred (200) people. I was told there were over seven hundred(700)people that showed up this year. I got there at 9:02 p.m. and it was really good. There was a donut eating contest which a cop won. I don't know why that would surprise anybody,but he was about 6'8"three hundred(300)pounds. I think he had been practicing. It was great, and the police officers were able to interact with the citizens that came out. Councilmember Dr. Oliver Davis announced, Tomorrow, May 29th at 5:00 p.m. we will have a Zoning and Annexation Committee meeting. Councilmember Regina Williams-Preston requested an update from the Administration on the South Bend Home Improvement Program, including how many homes that have been repaired, the status, and the application process. Councilmember Jo M. Broden requested an update on the Rental Safety Verification Program as well as updates on the South Bend Police Department and South Bend Fire Department recruitment processes. Councilmember Jake Teshka announced there will be a conference call on the RSVP, and more detail will come. PRIVILEGE OF THE FLOOR Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, There are about two (2) or three (3) categories of different people in the City. There are some people that really care about government, and I'm in that category. And some people I don't think really care. I was out on the 27th helping a lady with Code Enforcement. The lady doesn't have the access and resources to do what needs to be done on the lot. People like her need help. So, we did the best we could. I went to the Code Enforcement Director to see if she could get an extension to have a bunch of us help and get that lot brought up to Code. The Code Officer told us that they had so many other lots and things they are doing. I was also given information on the ordinance. Left there, went up on the second(2nd) floor. A lady is paying taxes on a lot she doesn't own. The husband owned the lot and he's deceased now. So, she's paying taxes on it, but she doesn't own it because it is on tax sale. So,where is the money going? People need transparency from the various departments. I'm trying to figure out how to be the nice guy and get along. But, I need answers so I'm going to push. I know I'm going to get push back. I like Mr. Scott and I listened to what he told me. I like him. He gave me a good answer. I want it done, seriously though. Jason Banicki, 3822 Ford Street, South Bend, IN, stated, I got to read about the twenty-nine (29) lane miles of streets being paved. I saw the list and then saw Ford on there, about a two (2) block stretch. Most of you were just on Ford. If you saw that stretch of road, what you saw is a road in no way near needing to be repaved in comparison to two(2)other blocks that are beyond destroyed. 18 REGULAR MEETING May 28, 2019 I would love to find out who makes those decisions and what goes into making those decisions, given that we have 2,200 lane miles of road that need to be paved, and somehow stretches of Ford get repaved every three(3) or four(4) years. I live on it, I appreciate it,however it has also caused a negative impact and that is our curbs have completely disappeared,on most of the stretch. I think we need to evaluate how we decide what roads get paved. There are so many worse stretches of road. If that person wants to sit down with me, I can show them. I was literally on every street in that district, I know those roads like the back of my hand now, places I never thought I would know. One (1) of the things that I talked about when I was running was infrastructure. It is past time to dip into those cash reserves to do curbs and sidewalks.All throughout all the districts,there are areas where there has never been a sidewalk or a curb. I think it about time to use some of that $300 million cash reserves to make some improvements people can see and can benefit from. A lot of people I talked to didn't expect it day one (1) or day two (2), but they want to see some sort of plan.My neighborhood is an example.The Federal Grant got stretches for the schools,we would skip two (2)blocks and then the City would do a stretch, then we would skip two (2)more blocks and do another one (1). People in those in between blocks, residents feel left out. They would rather see a plan. Claire Ross, 726 Cushing Street, South Bend, IN, stated, I come before you, and have come before you many times. Mostly it is about the homeless and today is about the homeless, but it is also about a plan of action I would like to see done by the City of South Bend. Yesterday there was a tornado warning. There is no plan of action for those who are unsheltered. There is nothing available for them or places to be in times of inclimate weather. I, myself, was caught in it. I was on Western when the sirens went off. There was no place for me to go. My home was miles away and I had no place to go. I speak on behalf of them and I would like for us to have a plan of action. I'm not asking for any money. I'm asking for a plan for people to have somewhere to go,warning, siren, or an actual tornado to touch down. There is no place for the unsheltered to go. I'm asking for a plan of action. I'm asking the City of South Bend to be proactive instead of reactive. Thank you. Dona Cockran, 1726 Johnson Street, South Bend, IN, stated, Hers was more important than mine, but it's about the ducks. Is there any way to protect them while the construction is going on in Leeper? I was bringing my grandson home from school and people fly down that road. The ducks are standing there saying, um, where is my house? Understandably, they are ducks and geese,but can't there be some way to help protect them? Speed bumps to help slow people down? We know people don't pay attention and we know there are people that don't like them. I work around animals myself, I've been doing it for twelve (12) years. Unfortunately, or fortunately, I do have a special love for the animals. Is there anything the City can help do? I don't know. If we could, that would be really nice. Good luck on the park. Joseph Jones, 705 Donmoyer Avenue, South Bend, IN, stated, I noticed recently that there is a stretch of Eckman being repaved between Erskine and Miami. I've also noticed that Donmoyer has not been addressed. In the time that I've lived there, I've not seen major projects to repave that road. Now, I understand that is a road that have two (2) schools and a church on it, etcetera, but there are months in the summer where there are vacations from schools which also happen to be the best time to do road construction. I would think this street would be a priority because it has two (2) schools on it. I watch the children walk back and forth and I guess the question I have is, as members of our community, is there something we can do or some way to request getting this road paved? It is a very diverse neighborhood. Very briefly, sometimes the City catches a bad reputation and catches a bad rap. Not all of it is always justified. There is transparency. For example, I'm able to come here and speak. I'm able to come here and be educated. But, it's in presentation as well. As a child and as an adult, I've been told, and I've learned, repeatedly, it is something you have to keep up on. I've been a department head at a job that I was at within the last six (6) years. The people I worked over, to this day, will call me to see how I'm doing and even ask advice on certain things. Even when I made more money than them, I never functioned like I was their manager. I wanted them to think I wasn't. With that, I thank you. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 9:05 p.m. 19