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HomeMy WebLinkAbout06-10-19 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 June 10, 2019 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: TIM SCOTT J TESHKA APPROVED BY THE COMMON COUNCIL ON: June 24, 2019 ATTEST: KAR EMAH FOWLER, CITY CLERK REGULAR MEETING June 10, 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 Monday, June 10th, 2019 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation (Councilmember Dr. Oliver Davis) and Pledge to the Flag were given. ROLL CALL COUNCIL MEMBERS PRESENT: Tim Scott 1st District, President 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 COUNCIL MEMBERS PRESENT: Regina Williams-Preston 2"d District OTHERS PRESENT: 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 Shanita Hunt PR Intern REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Dr. Oliver Davis made a motion that the minutes of the May 28th, 2019 meeting of the Council be accepted and placed on file. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS BILL NO. 19-39 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, HONORING THE LIFE OF A GREAT MAN, ROBERT L. MILLER, SR. Councilmember Jake Teshka, 2419 Chesire Drive, South Bend, IN, served as a presenter for this bill. Councilmember Jake Teshka stated, I would like to thank members of Miller's Vets for being here tonight to honor Judge Miller's life. Also, Judge Miller's son, Bob Junior, and his granddaughter, Amanda, are here as well. Judge Miller was someone I always looked up to and his impact on the community was too great to even capture in just one(1)resolution,as I think our Attorney Bob Palmer can attest to. He served our country in World War Two (II) in the Navy and he also served his local community. His hands were in a list of things here locally that goes on, 1 REGULAR MEETING June 10, 2019 and on, and on. I consider myself blessed to have known him in his later years. I gained much wisdom from speaking with him and that is why I wanted to bring this resolution to you all tonight. Councilmember Jake Teshka continued, A Resolution of the Common Council of South Bend, Indiana,Honoring the life of a great man,Robert L. Miller, Senior.Whereas,Robert Lowell Miller, Senior born on December 5, 1920, in Wilkinson, Indiana, the son of James and Emma Miller, is, by definition, a member of what we now recognize as The Greatest Generation; and, Whereas, Judge Miller is a member of The Greatest Generation, not only by reason of the date of his birth, but also by reason of enlisting in the United States Navy during World War Two (II) and serving in five (5) major campaign battles in the South Pacific during which time Judge Miller received more than a dozen medals, including the Purple Heart; and, Whereas, Judge Miller's military service continued when he was recalled to active duty during the Korean War;and,Whereas,Judge Miller returned to South Bend and raised his family, which grew to: five (5) children, twelve (12) grandchildren, seven(7) great-grandchildren and including Judge Miller being a great-guardian of one (1); and, Whereas, Judge Miller's contributions to our community took so many forms that any attempt to even mention all of them would undoubtedly fail due to sheer numbers; and, Whereas, this Resolution is being presented shortly after Memorial Day, 2019 and the seventy- fifth(75th) anniversary of the invasion of Normandy(a/k/a D-Day), so it is fitting to focus on one (1) of Judge Miller's primary loves, Military Veterans; and, Whereas, Judge Miller's devotion to Military Veterans, like his other contributions to our community, took many forms, but two (2) projects in particular, are evidence of Judge Miller's greatness: Miller's Vets and the "Half-staff for Veterans"program; and,Whereas, Miller's Vets is a drill team of uniformed veterans from the South Bend Center for the Homeless who provide advanced skills in close order drill participation and color guard performances, including "The Last Salute", a full Military Funeral with all Military Honors for veterans who have no family, church, or Veterans organization to assist with funeral plans; and, Whereas, "Half-staff for Veterans"is a program resulting from a Proclamation from Indiana Governor Eric Holcomb which enabled Judge Miller's vision to fly the American Flag at half-staff for all deceased veterans in St. Joseph County on Patriot Day, Veterans Day and Memorial Day of each year; and, Whereas, Judge Miller is now one (1) of the deceased veterans for which the Flag flies at half-staff on those days. Now, therefore, be it Proclaimed by the South Bend Common Council as Follows: Section One (I) Judge Miller's words that "Our military vets deserve the very best" shall continue to guide us in our actions toward all those who have served in the military. Section Two(II)Judge Miller is unquestionably one of the greatest of The Greatest Generation and will be missed by all. Section Three (III) Godspeed. Section Four (IV) This Resolution shall be effective immediately upon passage by the South Bend Common Council and approval by the Mayor. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ed Burris, 747 S. Michigan Street, South Bend, IN, stated, I'm the Commanding Officer of the Miller's Vets Color Guard. I don't know what else I can add from what Jake has said. Just a few weeks ago, we did the half-staff salute on Memorial Day, which was one (1) of Judge Miller's greatest achievements. He always pushed for that. Here is the proof of his labor. I've got eight(8) members of the Color Guard present and four (4) are absent. From what started out as just doing honors for deceased veterans over the past eight(8) or nine(9) years, it has gone to doing over one hundred (100) gigs per year. That includes parades, Color Guard presentations and various amounts of different things we do. We have a busy summer coming up. It's a good thing to do. When Judge Miller asked me to do Miller's Vets, I expected it to be a one(1) to two (2) day deal, it ended up being six (6) years. I can honestly say, even though I complained sometimes, I loved every minute of it. It's great. He was a great man to be with and a great man to work with. He is going to be missed very much by everybody that knew him. The last ceremony we did, we did in honor of Judge Miller and that was on Memorial Day. Mr. Burris then introduced, by name, all members of the Color Guard present and absent. Kent Laudaman, 1845 Chaplain Drive, Niles, MI, stated, You know, one(1) thing I didn't hear in the resolution is that Robert Miller Senior was also instrumental in starting the Robert Miller Veteran's Center for homeless veterans. I had the opportunity to be the director for six (6) years. I am now retired, and it still goes on. It is a twenty-four(24) bed facility. For the first (1St) five (5) 2 REGULAR MEETING June 10, 2019 years, all twenty-four (24) beds were filled and we actually had a waiting list. The last time I checked, the admission was three hundred and forty (340) admissions to the Robert Miller Veteran's Center. That is running at about seventy-four to seventy-six percent(74% - 76%). That is temporary housing. They can't stay there more than twenty-four (24) months at the most. It is temporary housing and we were successful in getting at least seventy-six percent (76%) into permanent housing when they left there, as well as part-time or full-time work, and so forth. A couple individuals here had the opportunity to stay there. So, that is an additional part of the resolution. Robert was more creative than Ed and I could handle, and that's all I can say. His mind was great, and he came up with more activities and events than we could possibly handle. It was great. To see his sharp mind was just something to behold because he kept coming up with idea after idea. Bob Miller Junior, 204 South Main Street, South Bend, IN, stated, I just want to add one(1)thing, and that is how much he loved this City. He lived here for eighty(80) years. Once he got here,he never moved. He came up from Indianapolis to play football at Notre Dame and from the first(1St) person he met, who happened to be the Methodist preacher because his mother was a little concerned about him attending this University of Notre Dame, different age, but from that first (1St)person he met, to the last person he saw,he loved South Bend. Aladean DeRose, 1421 East Washington Street, South Bend, IN, stated, I'm an attorney in South Bend and I am also a friend of the Miller family. I've attended three (3) memorial services for Judge Miller and in all of these services, I've learned something I didn't know about him, each more astounding than the other. What you all don't know,probably, is that he was an inventor. He worked hard and in the last ten (10) years of his life, between ages eighty-eight (88) and ninety- eight(98),he's probably accomplished more in his legal career than any of us who have practiced over forty(40) years. He was a remarkable man. He was a family man and devoted to his children, to the community and the practice of law. He was a Judge, a Renaissance Man and an Inventor. When we saw those in need,he met their need personally if no one else did. He is just remarkable. It was my privilege and pleasure to know him. Councilmember Sharon L. McBride stated,Thank you,Councilmember Teshka,for bringing forth this resolution. And, to the family, thank you for being here. What an honor for us to have this resolution be passed. Congratulations to the family and to the veterans, thank you for coming and sharing this day with us. His legacy will continue to live on in South Bend. I remember going and taking a tour of the homeless clinic for the veterans and what a great partnership and building that he started. I want to see and know that everything he left behind will continue to move forward, through his family and through his community. So, I honor him today and am glad this is before us today. Thank you. Councilmember Jo M. Broden stated, Thank you, Councilmember Teshka. This is an excellent resolution and I'm happy to support it. You've tucked in so many nice thoughts and sentiments and it truly is an honor to his service and also his testimony to how he impacted your life directly. Anytime Aladean DeRose comes up and gives that type of resounding support, we know, as an entire community, we can all get behind this. I want to thank the service members here today and those who also support the very important work of Miller's Vets. I thank you for your past service, your current service and your future service. We appreciate it, on behalf of the City. Councilmember Dr. Oliver Davis stated, It's truly an honor to be voting for this resolution. I would like to thank all the Miller Vets and the family. We are blessed you are here. When I hear of somebody who got the purple star, the bronze star, all those kinds of things, it's just amazing bravery. The word I look at is the word influence. His influence lives forever and will live forever. Power can fade. People can vote you out, people move forward, but influence never fades. Influence, in fact, over time it gets stronger. It gets stronger as we look at his life and look at his legacy and everything he has done all his life. It will be continued through his son, his grandchildren, each one (1) of you and all of us are a part of him. And so, it has been a blessing and an honor to see his work and to be a part of that. It teaches us to leave our cities better than when we first (1St) came. I think that is what he has done in all of our lives. So, it's truly an honor and I'm glad you brought this resolution to us. I look forward to supporting it. 3 REGULAR MEETING June 10, 2019 Councilmember John Voorde stated, Councilmember Teshka, veterans, family members, it's a privilege to even just consider a resolution like this. If you didn't know him, you know now,just by what you've heard tonight that he truly was a remarkable man. I'm honored to be a part of the resolution. Thank you. Councilmember Gavin Ferlic stated, I'm honored to be a part of this resolution and he was a remarkable man. Councilmember Karen White stated, I would like to thank Councilmember Teshka for bringing this to the Council. It indeed is an honor to support such a resolution on behalf of an outstanding person. Not only was he a judge, but he was so committed to the City of South Bend. I personally thank the veterans that have given your time and commitment to this country. Also, it is just an honor to call you Judge Miller's Vets. That is a legacy that will live on and on. To the family members, we thank you for sharing your dad with us. He was a great man and his life and legacy will live way beyond the times we will have on this Earth. Again, thank you so much. Councilmember Tim Scott stated,Thank you, Councilmember Teshka, for bringing this. I am truly honored, as well. I want to thank the family for being here. You guys in the front row, that legacy lives on. As you pass that down, I'll remember Judge Miller from you guys. Thank you for all you do, too. Councilmember Gavin Ferlic made a motion to adopt Bill No. 19-39 by acclamation. Councilmember Karen White seconded this motion which carried by a voice vote of eight(8)ayes. REPORTS OF CITY OFFICES Representing the City Administration: Jamie Morgan, Project Manager PUBLIC HEARINGS There were no Public Hearings. BILLS —THIRD READING There were no Third (3rd) Readings. RESOLUTIONS BILL NO. 19-40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSES FOR CALENDAR YEAR 2019 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 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. Graham Sparks, Executive Assistant to the City Clerk with offices located on the 4`" floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Council President Tim Scott interjected, Sir, is today your birthday? Mr. Sparks replied, No, it was yesterday. Council President Tim Scott exclaimed, Happy Birthday! 4 REGULAR MEETING June 10, 2019 Mr. Sparks replied, Thank you. Council President Tim Scott stated, Please proceed. Mr. Sparks stated, Thank you, Mr. President. The property in question today is located at 3109 South Gertrude Avenue. Pursuant to the South Bend Municipal Code, it is under the jurisdiction of the Ordinance Violations Bureau to annually process the scrap metal and junk dealer's licenses. We had a resolution approving a majority of them a few meetings ago, and we had one (1) remaining one (1) that took some time. This is a new owner of a property that has had a longstanding license formally under the name of Steve and Gene's Auto. The property is in the sixth (6th) Common Council District,just south of Rum Village Park. The property does not have any outstanding issues or former violations.The delay in approving this license was a complication with the transfer of ownership from Steve and Gene's to what is now called 1St Choice Towing. The property has passed Fire, Police and Code inspections. The Fire Department has inspected the building and it should not be used as office space as it is currently configured.The applicant intends on razing the structure. If you have any questions, I defer to my colleagues and, or,the Committee Meeting minutes that I will be completing later. I yield my time. Thank you, Mr. President. 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 Karen White made a motion to adopt Bill No. 19-40. Councilmember Dr. Oliver Davis seconded this motion which carried by a roll call vote of eight (8) ayes. 19-41 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING RESOLUTION NO. 4710-18 TO INCLUDE A DOCUMENT EXTENDING AND AMENDING THE 2017 HUMAN RIGHTS INTERLOCAL AGREEMENT WITH THE COUNTY OF ST. JOSEPH 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. Aladean DeRose, City Attorney for the City of South Bend with offices located on the 12th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Ms. DeRose stated, I'm here to request the Council approves this resolution which concerns the interlocal agreement between the South Bend Human Rights Commission and the County of St. Joseph, to enforce the County's Human Rights Law. That Law was passed in 2017 and is substantially equivalent to that of the City's. At the time the County Council passed the Ordinance, it did not have an enforcement body. So, about nine(9)months later in September, the County and the City entered an agreement by which the City enforces the County's Human Rights Ordinance.That was later continued through 2018, under Resolution 4710-18, but omitted from that resolution was a document that allows the continuance of the interlocal agreement indefinitely, from year to year, based upon the County Council's appropriation of funds for the City's services provided in the interlocal agreement. At the time we were before the Council in April 2018, the County hadn't begun its 2019 budget process. It did do that and appropriated the funds and,in Exhibit A-One(1), the City can continue its services to the County on an indefinite basis, as long as there is an agreement regarding funding. Councilmember Dr. Oliver Davis stated, Sorry I wasn't at the afternoon part. In terms of the County fees for this, in the future, how would we go about raising those fees? Ms. DeRose replied, That's an annual process. That is the purpose of Exhibit A-One (1). The County and the City need to sit down and discuss the numbers of the actual work that has been done. If there is a need to increase it, we will discuss that. At this time, we don't see the need for that. Councilmember Dr. Oliver Davis followed up, And then we will make that recommendation to them? 5 REGULAR MEETING June 10, 2019 Ms. DeRose replied, We have our Diversity and Inclusion Officer, Ms. Christina Brooks, and she has notified the Council that we would like the Council to continue its current appropriation. 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'm a Human Rights Officer for the City of South Bend. I appreciate your blessing on passing this. I think in time you'll see this is a good agreement. We will be willing to work in the County for a long time and finally we are getting the pieces put together. I hope this is going to be a partnership that lasts a long time. We just have to put the work in and prove that we are worthy of it. Thank you. Councilmember Gavin Ferlic made a motion to adopt Bill No. 19-41. Councilmember Karen White seconded this motion which carried by a roll call of eight (8) ayes. 19-42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE ST. JOSEPH COUNTY MULTI- HAZARD MITIGATION PLAN 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. Eric Horvath, Director of Public Works for the City of South Bend with offices located on the 13th floor of the County-City Building, South Bend, IN,served as the presenter to this bill. Mr. Horvath stated, In front of you today is a resolution we are asking the Council to approve, adopting the Multi-Hazard Mitigation Plan for St. Joseph County. This plan is a guide for the assessment of hazards, vulnerabilities and risks. What it does is it is a County-wide plan that aids local jurisdictions in reviewing these hazards and having mitigation plans to help with them. It has a number of different areas, basically aimed at preventing, protecting against, responding to, and recovering from disasters. There are a number of strategies here that allow for potential mitigation of impacts to these natural hazards. This plan was developed in 2008/2010. It was adopted by the Council in 2010 but it requires continued updates and review. So, this plan was updated and reviewed in 2017, it was adopted by the St. Joseph County Council in 2018. It has been approved by the Indiana Department of Homeland Security and FEMA. You had asked about the public meetings, there was a public meeting at the draft forum. They took those comments, reviewed them and incorporated them into the plan. Then after it was approved by the Department of Homeland Security and FEMA, there was a follow-up public hearing for additional comments. There were two (2) public meetings that happened as part of the plan update. Mr. Horvath continued, I think I mentioned it,but I'll note there is a list of other agencies that have been contacted. You also have meeting sign-in sheets there in the background. I apologize for not having the County here,but it is important for us to adopt this plan. If we don't adopt it, we won't be eligible for certain disaster mitigation funds and grants that are available. As part of our continuing cooperation with St. Joseph County, I'm requesting the Council approves this plan. I'd be happy to answer any questions. 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 Jo M. Broden stated, I just wanted to highlight a couple points that were made in Committee. I think it's important we get some follow-up on the storm readiness and the emergency exercises in terms of when they are scheduled and that type of thing. Then the community,looking at the emergency exercises and the public readiness component of this plan. I would like the Council to receive an update from our County counterparts. Then I think we asked if there were any significant changes reflected in this updated version. I believe we also asked about any dollars that are being allocated, currently, for mitigation. I don't think I mentioned that at the Committee level. Just a follow up, I don't need a reply,just at a later date would be appreciated. My concern is that, you know, we've had significant events and I would like Council to be aware of what the overall plan is. That is important. I also want to make sure it's responsive. It's good to update these 6 REGULAR MEETING June 10, 2019 things but the broader that people are brought into the process, there needs to be the actionable pieces that should be a part of the planning and the readiness components. Councilmember Dr. Oliver Davis made a motion to adopt Bill No. 19-42. Councilmember Gavin Ferlic seconded this motion which carried by a roll call vote of eight(8) ayes. 19-43 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ENCOURAGING CONTINUED AND INCREASED PUBLIC ENGAGEMENT BETWEEN THE PUBLIC AND THE 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. Councilmember Gavin Ferlic then made a motion to accept the Substitute version of Bill No. 19- 43. Councilmember Karen White seconded this motion which carried by a voice vote of eight (8) ayes. Councilmember Jo M. Broden,201 West North Shore Drive,South Bend, IN,served as a presenter for this bill. Councilmember Jo M. Broden stated,There are just a couple of pieces on this,in terms of how it was put together. I want to thank our Attorney, Bob Palmer, and Councilmembers Karen White and Gavin Ferlic for their assistance. Then of course,the rest of the Council for entertaining this change, if you would, over the course of the past couple of years. We would like to formalize this request for this change and hope it might bring about some changes. In terms of the way it's constructed, we essentially wanted to use the resolution as a way to educate the public on some of the responsibilities of the Redevelopment Commission and what all the Redevelopment Commission is empowered to do. So, those are the first(1St) one (1) through seven (7) statements there, after the first (Pt) Whereas. Then, we wanted to talk a little bit about the role of Council relative to the Redevelopment Commission in the next areas. Then, routinely, the Redevelopment Commission and its staff, and the Department of Community Investment, provides reports to the Council and also participates in the budget process. So, there are opportunities where we receive documents and then those are publicly available, as well, on the City's website. I just wanted to acknowledge that in the resolution. So, we did that. So, that is the middle of the resolution, the reporting requirements. That gets very detailed. Items A through F regard the Tax Incremental Finance Districts. I think that was important to include because amongst members of the public, there are various levels of knowledge about TIF Districts and how those funds are utilized. So, hopefully embedding that helps clarify that. Councilmember Jo M. Broden continued, After that item F, we go into about twelve (12) other short and quick Whereas statements. I would like to direct the Council to the changes, regarding the Substitute version. So,if you look at the first(1St)Whereas clause after that letter F, we deleted some language. It should read now, Whereas, the Redevelopment Commission has stated an expectation of having$28.4 million within its control during fiscal year 2019. It cuts the statement there and adds `and.' So, some deleted language in that first(1St) Whereas clause. If you scroll all the way down, kind of midway into that column, if you'd like to number them I think it goes all the way to twelve(12),but in this section of the seventh(7th) Whereas clause, I will read it. I think this does need to be emphasized in terms of the spirit of this resolution. Whereas, among stated priorities of each the Common Council, the City and the Redevelopment Commission, they are transparency,public engagement and the City's growth. Just to make sure that is emphasized,even though we are not reading the entire resolution,that is a very important Whereas clause. Then eight (8), or things continue down to the ninth (9th) section Whereas clause. This is actually being responsive to the feedback that we got at the Committee level from Mr. Dan Buckenmeyer. We thank him for his feedback. Council has taken his recommendation and we have changed it from 5:00 p.m. or later to 4:00 p.m. or later. So,that in our estimation will get around some of the issues regarding the difficulties for staff or perhaps the petitioners to attend and participate during their work day. I think that is a good compromise and certainly happy to incorporate that. I ask for Council's consideration of that change. 7 REGULAR MEETING June 10, 2019 Councilmember Jo M. Broden went on, So, that is change number two (2). If you go down to the next Whereas clause, we have deleted the word `necessary' in that section. Then, kicking to sections one(1),two (2), three(3) and four(4), I'll quickly go through those changes. They are all very minor and coincide with some of the earlier changes. So, section one (1), we are suggesting a change in the scheduled meeting time. From 9:30 a.m. to the recommended 4:00 p.m., the compromised time or later. We actually inserted the word 'may' to read ...may provide more citizens of South Bend an opportunity to attend the meetings.' Then we inserted some additional language there that basically talks about being respectful to the Commission, its staff, volunteers and petitioners,by going with this compromise time.Then the last item is in section two(2), `...the Commission should adopt rules and procedures by which any person attending such a meeting is able to engage the Redevelopment Commission per agenda item.' That actually coincides with an earlier portion of the document just suggesting both the Commission Members will be served well by public input and perhaps even the petitioners themselves. Just as many of our Boards and Commissions meet and they have an opportunity to do that, members can speak per agenda item. We thought that was important. There will be an in favor and against, similar to here. The merits of the Commission item will still be weighed and voted on by the Commission. I think we are staying in our lane as a Council. I think we are being respectful to the changes suggested but we certainly wanted to formalize the request for the meeting time change and then a change in the format for public engagement. Councilmember Karen White, 1912 Malvern Way, South Bend, IN, served as a co-sponsor to this bill. Councilmember Karen White stated, I think Councilmember Broden has done an excellent job at summarizing the resolution as well as the changes. I wish to thank Councilmember Gavin Ferlic, our Attorney, Bob Palmer, and Dan Buckenmeyer from Community Investment. We have a substitute version because he made comments at Committee and we were able to incorporate those suggestions within this particular resolution. The resolution, I believe, is important because it really clarifies, for our public, the role of the Redevelopment Commission, what it does, and then our role as Council Members. Again, it is a resolution that encourages continued communication as well as public engagement. Again, I'm excited to be a part of this resolution and we ask the Council adopts the resolution as presented. Councilmember Gavin Ferlic, 1109 Duey Street, South Bend, IN, served as a co-sponsor for this bill. Councilmember Gavin Ferlic stated,Thank you Councilmembers Broden and White,Attorney Bob Palmer, and for being responsive to what Mr. Buckenmeyer said. Councilmember Jo M. Broden stated, So,in closing,if I may,this is non-binding.That is important to point out. However, we hope it is embraced by the Department and the Commission Members, both current and future, Mayoral and Council appointments, and by the Administration, as well. Councilmember Dr. Oliver Davis asked, Do we know when we will hear any response back from the Administration on this? Are they in agreement to this being put in place? Councilmember Karen White replied, I can only speak to the brief conversation with the Mayor. He is aware of this resolution being forthcoming. Councilmember Dr. Oliver Davis followed up, Ok,because I like the 4:00 p.m. Area Plan starts at 3:30 p.m. and other things start at 4:00 p.m. so I think that is good. TRANSPO starts at 4:00 p.m., so,there are other meetings that start around that time that the public want to go to. So, I think that was a good move from that standpoint. I see the wisdom in doing that. I am hoping they will respond to us and they appreciate the spirit of it and they are able to move forward with that. 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 Damion, 718 East Broadway Street, South Bend, IN, stated, I wish I had known you were doing this. Some way or another, you didn't get the word out very well. This is something I've been concerned about for ten (10) years and have complained about for that long. I'm glad to see you are dealing with this issue. I fairly regularly attend the Redevelopment Commission meetings and I haven't seen the resolution, but I'm glad it is as comprehensive as Councilmember Broden suggests it is. I don't think the community understands what the Redevelopment Commission does very well and I'm glad to know that is in the resolution. I think that, on a personal level, 9:30 a.m. 8 REGULAR MEETING June 10, 2019 works for me because I'm retired. So,more evening meetings are not particularly appreciated. But certainly, to make these meetings more available to the public is important. I have been told that according to State Law, they couldn't have public input except on the financial and the actual TIF Districts that they have public hearings about. I'm glad to know that is obviously not true since you are requesting that they have public input on each agenda item. That could be very confusing, I think, to both the Commission and the public but I think it's really essential. I remember a time when there was a group there to speak against what the Commission was planning to do and were told they have no right to speak. So, I think it is really important that we have that right at all public meetings. Every time a decision is being made that affects people's lives, at that time it was about tearing down people's houses, those things are important to have public input on. So, I'm eager to read the resolution and I'm here to support that you all have gotten on board with the idea that they need to be more transparent and more eager to hear public input on the issues that face the Commission. So, I believe, without having read the resolution, that I support the resolution. Jason Banicki-Critchlow, 3822 Ford Street, South Bend, IN, stated, So, I did take the time to read the resolution this weekend and I did find it to be thoroughly comprehensive and very well put together. I can't wait to read some of the amendments and changes. I appreciate the fact that as this process went on the Administration, at least in terms of Community Investment, seemed willing to make some changes to the times of the meeting. That is kind of a compromise between what the Council was asking for and what works for them. So, hopefully that means they will be open to actually moving those meetings to a time when more people can attend. Again, when we are talking about $30 million of tax payer money, that needs to be done at a time where more people can see what is going on. As was pointed out just now,we need to have input into what that $30 million is being spent on. I think sometimes the Redevelopment Commission and Community Investment have gotten away from understanding that they are not their dollars, but they are our tax payer dollars. We really should have input on that. I really do support this. Councilmember Dr. Oliver Davis stated, In the afternoon, there were comments about in the past, sometimes when they switched it, the attendance did not increase. But again, like as it has been mentioned,you can't just say,well the same people come at 4:00 p.m. so let's switch it back again. I think there really has to be effort made to encourage people and to let them know what is going on. The fact is, if we have a meeting that is this full or packed, we don't change Council Meetings just because of that or say, well, only fifteen (15) people showed up, we won't have a Council Meeting today, we'll have it at 11:00 a.m. We still have to make it accessible to the people as best as we can. I think with your recommendation, too, as many of our meetings can be put online as soon as we can, I think that's important.The more that people can see,whether it's on their phones or their computers, I think it's better for everybody. So, I'm just hoping that if a meeting change occurs and not that many people show up, there is no push to go back. Councilmember Jo M. Broden stated, This resolution, I really hope the language is such in its intent to educate, helps. I want to make sure that one (1) of these statements is actually captured in our minutes tonight and in our discussion. I think all of us, where ever you come down on this issue, we all want to acknowledge the Redevelopment Commission has played a vital role in the development of our City. These proposed changes, the meeting time we are recommending, and the input per agenda item, we don't, at least as authors of this, anticipate that will in any way inhibit the role or the function of the Redevelopment Commission. On the contrary, we think it will improve it. Councilmember John Voorde stated, I don't mean to be contentious or contrary but I'm going to vote against this resolution. It is important to state that it is not because I'm not for open government or transparency, which is a word I think is overused. People ought to know what their appointed Boards and Commissions are doing. We are all for that, including me. Changing the time from whatever it is to 4:00 p.m., isn't going to do a whole lot in my mind. If it does, in terms of participation, I will be pleasantly surprised. I think, and as I said in the note I sent to everybody and earlier in the Committee Meeting, I'm the last one(1)on this Board to speak knowingly about technology,but technology is there to open these meetings to the public in a much larger way than changing the time of the meeting. We do it here. We've got cameras and these meetings are live streamed and you can watch them later. I think, because there are important issues that affect people every day, we ought to at least investigate the opportunity that technology provides today 9 REGULAR MEETING June 10, 2019 that wasn't there years ago when this started being talked about. It's not a vote in opposition to open government. My vote against this is a vote against, what I think is, a missed opportunity. I'm glad it's all coming to a head, but I wish we would slow down, sit down with the Administration and see how we can really do this better. How can we engage and inform the public better? I think there must be a better way to do it. I think it's a missed opportunity. There are costs involved in changing things, even though they might be incidental. There are costs in doing what I'm suggesting as well. Maybe the City needs a meeting room studio or something like that, fixed things that can live stream and broadcast for later viewing. More and more, people are recording and watching things later. I do it with the news and just about everything. From classic movies to everything else, it's recorded at home and you watch it when you're able. I think that could be said for public meetings too. So, anyway, I said earlier that we don't want to move all these meetings to later in the day because we may as well put the whole City staff on the second (2'1) shift, then. In sum, that is why I'm going to vote against this. Councilmember Gavin Ferlic made motion to adopt Substitute Bill No. 19-43. Councilmember Dr. Oliver Davis seconded this motion which carried by a roll call vote of six (6) ayes and two (2). nays (Councilmember John Voorde and Councilmember Tim Scott). Councilmember Karen White left the meeting at 7:59 p.m. BILLS ON FIRST READING BILL NO. 16-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2019 Councilmember John Voorde made a motion to send Bill No. 16-19 to the Personnel and Finance Committee for Second Reading and Public Hearing on June 24th, 2019. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven(7) ayes. 17-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2019 OF $85,857 FROM GENERAL FUND (#101), $657,159 FROM PARKS & RECREATION FUND (#201), $28,150 FROM GIFT, DONATION, BEQUEST FUND (#217), $97,077 FROM HALL OF FAME DEBT SERVICE FUND (#313), $321,707 FROM 2018 FIRE ST#9 BOND DEBT SERVICE FUND (#350), $178,534 FROM PROFESSIONAL SPORTS DEVELOPMENT FUND (#377), $1,811,500 FROM COUNTY OPTION INCOME TAX FUND (#404), $3,300,000 FROM 2018 ZOO BOND CAPITAL FUND (#453), AND $70,000 FROM SMART STREETS BOND CAPITAL FUND (#753). Councilmember Jake Teshka made a motion to send Bill No. 17-19 to the Personnel and Finance Committee for Second Reading and Public Hearing on June 24th, 2019. Councilmember John Voorde seconded the motion which carried by a voice vote of seven (7) ayes. 10 REGULAR MEETING June 10, 2019 18-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2019 OF $960,000 FROM EMS CAPITAL FUND (#287), $177,475 FROM CENTURY CENTER OPERATING FUND (#670), AND $63,000 FROM CENTURY CENTER CAPITAL FUND (#671). Councilmember Jake Teshka made a motion to send Bill No. 17-19 to the Personnel and Finance Committee for Second Reading and Public Hearing on June 24th, 2019. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS Councilmember Dr. Oliver Davis requested updates from the Administration on the establishment of Quiet Zones as well as the discussions on the possible South Shore Station location. NEW BUSINESS Council President Tim Scott announced the meeting of the Personnel and Finance Committee on Wednesday, June 12th at 5:00 p.m. in the Informal Council Meeting Room. Councilmember Dr. Oliver Davis announced he was working on a resolution to bring to the Council regarding a proposed emergency plan for homeless individuals during inclement weather events. PRIVILEGE OF THE FLOOR Jason Banicki-Critchlow, 3822 West Ford Street, South Bend, IN, stated, Back in December, I brought up the idea very briefly of doing a formula of business ordinance for the City of South Bend. I sent you all a brief email to overview what that would look like. Since then, I got busy with some other endeavors,however since then, I have much more free time on my hands and have had much more time to look into this. I have some more information to email you all about this. The one (1) thing I did find really interesting is only one (1) of them has been successfully challenged in Federal Court. That was primarily due to the fact that they limited the size of any business,they deemed it protective of one(1)particular business in that case. Otherwise, these are fairly routinely upheld through the local and Federal appeals courts. I'm going to go into a brief overview of what the most basic ones look like to give you an idea of what these are. Hopefully we can get some momentum on these particularly, in light of even more business corridors going into TIF Districts, which means we'll be putting millions of more dollars into these corridors. We need to make sure we protect them and make sure they give us the kind of business return we are looking for. So most of them will start with a very basic definition of what a formula business is. Basically, it is any business that has two (2) or more of the following: a standardized name, a standardized array of merchandise or services, standardized employee uniforms, standardized decor, standardized façade decor, standardized signage, standardized color scheme, standardized trademark or service, or any other symbol or features which cause it to be substantially identical to ten (10) or more businesses in the United States. Some go as low as five (5) but I feel like ten (10) is probably a better number. Five (5) is pretty arbitrarily low. Most of them also have some routine and possible exemptions, most of those tend to be grocery stores. Most of the times, these ordinances target dollar stores and their negative impact on what are considered to be food desserts. Financial institutions are routinely exempted from them. Again, most of the time these are in key economic corridors and you want financial institutions there. Hotels and motels, food service 11 REGULAR MEETING June 10, 2019 locations are routinely exempted as well. For South Bend, I thought of just a list of areas that we could possibly use this to protect. Some cities do their whole cities and I feel that is pretty broad. Some of these areas would be Western Avenue, Lincolnway West, Michigan and Main, the CBD, Indiana Avenue, Main Street, Mishawaka Avenue, and Portage Avenue. They also have grandfather rules that protect existing businesses so, you can't chase out an existing business, but then those grandfather exemptions are eliminated the minute that property is sold, or it closes. Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, I want to speak on a program we had out at the Charles Black Center. It was Sunday from 3:00 p.m. to 5:00 p.m. It was Mammas Against Violence. There were a lot of tears. We saw a slide show of people who have lost their lives to gun violence. I'm really proud of all the groups coming together and making the City aware of what is happening in our City. That is what it's going to take. It's going to take a City effort to try and slow and stop this useless killing. My granddaughter Indonesia is a sophomore at Notre Dame but that doesn't really matter. She is a citizen. She was on our way over to our house over by Memorial Hospital. She was coming down Walnut and a young man came through and shot about four (4) times. Indonesia was screaming and hollering. He stopped. She went through and he continued to shoot at the house and the car. I thank the young man for letting my granddaughter live. Now, our family is trying to figure out the safest route to drive. There is no safe route. I mean, it can happen anywhere. We just need to keep our work up as a City and try to stamp this out. It is happening all over the United States. It's not just South Bend. But, I just thank God that the young man stopped,he let her go through, and then we went back to shooting. I thank God for that, but we still have to keep working on stopping these senseless shootings. Rod Goodchild, 837 South 24th Street, South Bend, IN, stated, My father was Robert Goodchild, NIPSCO. Thirty-four(34) years, and some of you might have learned, when you look at expense, what is the third (3rd) largest budget item in every school program in South Bend? Exactly. NIPSCO for thirty-four (34) years. The only one (1) that came out of the Menomonee Indian Reservation with no degree. He was a First (1St) Lieutenant. That, there is nothing else up there like it. It makes me proud because he had a son. I have the same genetics as my mom and my dad. My dad was a wrestler, varsity, and my mom was a three (3) sport captain. They came to South Bend, they got married and here I am. We have the number one (1) runner in all of Michiana, one (1) of the top ten (10) in the entire Midwest. When you look at the other one (1), you ask, where was Wreinke to them? The only State Champ who ever had South Bend. How bad did I beat him? By a minute and a half. That is when he just won the State. I never had a problem in the same mid- America Conference. We were number one (1) for Western Michigan. We had the top team, back to back championships, and yet Wreinke never even made it at Miami-Ohio. That is your number one (1) champion from the City of South Bend. I never lost to him. I never raced him because I didn't have a chance and my senior year I was injured. I've come back from a number of operations just recently. My quest to run the sub-four-(4)-minute-mile, you can see there, that is when I won the plaque(he passed around the plaque for members of the Council to see). That was a proud year down in Knoxville, Tennessee. When you look at it, it is very simple. We've done seven years of the great stump spirit animals. In 2015, I thanked everybody for the support you gave me. As I was a child, I went to Disney Land and I saw for the first (1St) time, it captured my imagination, all of these marvelous carvings. Mickey Mouse, Minnie Mouse and Pluto. Anyways, that was family. That was your imagination. That is what is captured in the two (2) books with all the information between Mayor Pete and me. They are both identical. One (1) was an athlete and Rhodes Scholar, and the other one (1) was a running scholar, he just happened to go to Western Michigan, not to Oxford. Thank you all so very much. Oh, and yes, we got the eleven (11) stones by the way. They are approved and will be in before the third (3rd) Saturday of July. You are all welcome to come and help commemorate the stones that give messages for the eleven(11)animals. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 8:13 p.m. 12