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HomeMy WebLinkAbout06-24-19 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 24, 2019 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SA u : APPROVED: TI SCOTT w AKE TES KA APPROVED BY THE COMMON COUNCIL ON: July 8, 2019 ATTEST: / • • ' EMAH FOWLE ' CITY CLERK REGULAR MEETING June 24, 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 24th, 2019 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation (Pam Blair, Board Member of the LGBTQ Center of South Bend) and Pledge to the Flag were given. 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 Oh 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 David Moses PR Intern Shanita Hunt PR Intern REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Gavin Ferlic made a motion that the minutes of the June 10th,2019 meeting of the Council be accepted and placed on file. Councilmember Dr. Oliver Davis seconded the motion which carried by a voice vote of nine(9) ayes. SPECIAL BUSINESS Council President Tim Scott announced, We do have an overflow crowd. There is seating outside. There is the Fire Marshall here to make sure we are within compliance. There are speakers in the hallway so that everyone can be heard. If there is anyone out there, we will address them, but they need to come to the podium to speak. This is a Common Council meeting. We will recognize Council Members and citizens. When someone has the floor to speak, we expect everyone to be respectful and silent while they are sharing their business. Council President Tim Scott then announced, There were some events that happened today. Our Prosecuting Attorney, Ken Cotter,for the County,requested a special prosecutor in the Eric Logan case. With that, I would like to turn it over to Councilmember Dr. Oliver Davis. Councilmember Dr. Oliver Davis stated, Thank you, President Scott. In light of the decision of Prosecutor Cotter, we are very pleased. Many of us here came tonight to express our letter of support that we wanted to encourage him to have a special investigation. He has gone ahead and done that. We will follow up with that with a thank you letter so that we can make sure our constituents voices are heard. We will send letters individually, after this, that will be filed in Clerk's Office. We will follow up to thank him that he has listened to the voices of the community. He has heard our pain. At this time, I would like to thank all those who shared their thoughts on 1 REGULAR MEETING June 24, 2019 that. There will be time in this meeting during Privilege of the Floor, up to thirty (30) minutes, where you will be able to share your thoughts or any comments on that. Council Attorney Bob Palmer stated, Thank you, Councilmember Dr. Davis. As many of you know,there was a press release issued by the Council last Friday,indicating that Council Members, individually,would be able to express their feelings about the appointment of a special prosecutor. That issue is now moot because a special prosecutor has been requested by County Prosecutor Ken Cotter. The Special Prosecutor Statute itself has two (2)provisions that are relevant to the current situation.One(1)would have been,acting as individuals,to allow anybody to express their opinion to the Prosecutor as to the appointment of a special prosecutor. If the County Prosecutor makes that request to a judge,the judge may appoint a special prosecutor. However,if any individual files a verified petition with the court, asking for the appointment of a special prosecutor, and the Prosecutor, in this case Ken Cotter, has already made that request, if he agrees with that verified petition, the court does not have discretion and the court must appoint a special prosecutor. Those are two (2)ways a special prosecutor could be appointed. By request, or with the agreement of the Prosecutor. Councilmember Dr. Oliver Davis stated, Before we turn it back over to President Scott, Council Attorney Palmer, can you outline what you told the Council regarding the Department of Justice and why you directed us to send the letter to our Prosecutor instead of doing both? I think that would give some clarity. Council Attorney Bob Palmer stated, At, the risk of waiving Attorney-Client privilege, I advised the Council that their focus tonight, had they voiced their opinions about the special prosecutor, be limited solely to the special prosecutor and not to request, to the Department of Justice, to initiate an investigation. There are a couple of different reasons for that. The first (1st) reason, statutorily, that would have needed official action by the Common Council and the Council certainly did not have enough time to meet, have a public meeting, and add that to the agenda in order to take official action tonight. The second(2' ')reason I advised Council of that was because the primary concern of Council, in this particular moment, is the investigation into the possible prosecution of the incidents that were involved in the Police shooting. That is an issue solely for the State Courts and State Law. That would arise under the laws of the State of Indiana. The Department of Justice does not have jurisdiction to enforce any criminal statutes in the State Law. As far as criminal liability for such instances, it would be a violation of civil rights, which comes under Federal Law and not State Law. So, requesting the Department of Justice to do anything with regard to possible criminal charges, at this point, would be farther ahead in the process than where we are at now. Councilmember Dr. Oliver Davis stated, I thank you for sharing that. Council President Tim Scott stated, Thank you. With that said, Mr. Cotter fulfilled the objective that was set for today. That was to speak on and allow the public to speak on the request for a special prosecutor. While that has been done by Mr. Cotter,it makes that part of the meeting moot. We will not have any public meeting or public comment, at this point under special business. Again, at the end of the Council Meeting, it's on the agenda, there is Privilege of the Floor. By City statute, that is thirty (30) minutes long. People are given three (3) minutes each but they cannot discuss anything that was on the agenda tonight. That is the time that is given here for this Common Council. We know there are avenues,there have been other avenues for expression, and I know going forward, there will be more meetings and organized events around this issue. As far as what we heard last night, improvements to the process and the what changes need to be made. We wanted to make sure everybody is absolutely clear with that. We thank Mr. Cotter for what he's done today. Side note, I apologize for the heat in here. That is the County's jurisdiction, not the City's. We've asked them to make it cooler,but I don't think that is going to happen so you're going to have to bear with us. No disrespect if some of us lose our jackets during this meeting. Also, we do have some continuations that I would like to announce. Substitute Bill No. 14-19 is continued to July 8th, 2019. Substitute Bill No. 15-19 is continued to July 8th, 2019. Bill No. 19-46 is continued indefinitely. Community Relations Committee Chair Councilmember Regina Williams-Preston will have more meetings regarding that bill. It is very important to all of us Council Members. It was discussed earlier in Committee today but that is continued, and we will have citizen input on that, as well. If you are here for those bills, they will not be heard tonight. BILL NO. 19-44 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, 2 REGULAR MEETING June 24, 2019 INDIANA HONORING AND THANKING THE 2018-2019 NOTRE DAME WOMEN'S BASKETBALL TEAM AND ITS VERY SPECIAL HEAD COACH, MUFFET MCGRAW FOR CONTRIBUTIONS TO THE SOUTH BEND COMMUNITY Councilmember Tim Scott, 711 Forest Avenue, South Bend, IN, served as a presenter for this bill. Councilmember Tim Scott stated, Would Muffet and the team please come forward. Councilmember Sharon L. McBride, 415 East Broadway Street, South Bend, IN, served as a presenter for this bill. Councilmember Sharon L. McBride stated, I am very thankful to be here today to honor our Notre Dame Women's Basketball Team and coaching staff. They are the number one (1) coaches and number one (1) basketball team in the nation. I bring to you Bill Number 19-44, Resolution Number 4797-19. A Special Resolution of the Common Council of the City of South Bend, Indiana, Honoring and Thanking the 2018-2019 Notre Dame Women's Basketball Team and its very special Head Coach, Muffet McGraw, for contributions to the South Bend Community. Councilmember Karen White, 1912 Malvern Way, South Bend, IN, served as a presenter for this bill. Councilmember Karen White stated, Whereas, The University of Notre Dame draws much attention to the South Bend Community through its international reputation for excellence in academic, religious and other pursuits; and, Whereas, among those other pursuits known for excellence is the University's athletic programs;and,Whereas,among those athletic programs,the Women's Basketball program is among the most visible and respected programs year in and year out; and, Whereas, it is no accident that the Women's Basketball program is consistently among the best in the nation; and, Whereas, the 2018-2019 edition of the Women's Basketball program continued the long tradition of excellence by reaching the program's seventh (7th) NCAA Championship Game, its ninth (9th) Final Four, its twenty-fourth (24th) consecutive NCAA Tournament and its sixty-seventh (67th) NCAA Tournament win, its sixth (6th) straight Atlantic Coast Conference regular season title and its fifth (5th) Atlantic Coast Conference Tournament title; and Councilmember Tim Scott stated, And of course you wouldn't give the names to the person who goes to every game, but, Whereas, individual members of the team achieved far more accolades than can possibly be included in this resolution; and, Whereas,those individual accolades came as a result not only of individual efforts, but also through the efforts of the entire team, including coaches, trainers, managers and many others who participated in the program, including parents; and, Whereas; the team members include: Jordan Nixon, Kaitlin Cole, Marina Mabrey, Jackie Young, Katlyn Gilbert, Brianna Turner, Abby Prohaska, Nicole Benz, Danielle Cosgrove, Arike Ogunbowale, Mikayla Vaughn, Jessica Shepard, Danielle Patterson, and Maureen Butler; and, Whereas, the coaching staff includes Head Coach Muffet McGraw, Associate Head Coach Carol Owens, Associate Coach Beth Cunningham, Associate Head Coach/Recruiting Coordinator Niele Ivey, Director of Basketball Operations, Katie Capps, and Video Coordinator James Spinelli; Councilmember Dr. Oliver Davis, 1801 Nash Street, South Bend, IN, served as a presenter for this bill. Councilmember Dr. Oliver Davis stated, And, Whereas, the true measure of the team's greatness cannot be summarized in wins, losses and titles,but must also include academic success, class, dignity, toughness, determination and grace under pressure; and, Whereas, the one (1) constant in the consistent success of the Notre Dame program over the past thirty-two (32) years is the leadership and example of Head Coach Muffet McGraw; and, Whereas, Coach McGraw is among the truly elite basketball coaches having been inducted into the Naismith Memorial Basketball Hall of Fame, the Indiana Basketball Hall of Fame and the Women's Basketball Hall of Fame; and, Whereas, Coach McGraw is sixth (6th) all-time among NCAA Division One (I) coaches with nine hundred and twenty-three (923) career wins, including two (2) National Championships,and eighth(8th)all-time among Division One(I)coaches with a point-seven-seven (.770) career winning percentage; and, Whereas, the true measure of Coach McGraw's greatness also cannot be summarized in wins, losses and titles, but must also include life lessons taught to players by both word and example and the willingness to go beyond the basketball court to address issues of local, state, national and global importance. 3 REGULAR MEETING June 24, 2019 Councilmember Sharon L. McBride stated, Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section One(I)The South Bend Common Council proudly honors and thanks the 2018-2019 Notre Dame Women's Basketball team for its positive contributions to the South Bend Community. Section Two(II)The Common Council also proudly recognizes the valuable contributions made by Coach Muffet McGraw to the betterment of society at large. Section Three (III) The Common Council wishes continued success to those team members who will not be returning to the South Bend area next year. Section Four(IV) The Common Council anxiously awaits the continued success of those team members who will return to the South Bend area next year. Section Five(V)This Resolution shall be in full force and effect from after its adoption by the Common Council and approval by the Mayor. Muffet McGraw, Head Coach for the University of Notre Dame Women's Basketball Team with offices located at C112 Joyce Center, Notre Dame, IN, stated, No pressure on that last one (1), huh? I am so proud to be a part of this community. I love South Bend, but we have some issues. I think South Bend is not immune to the problems that every city across the country is facing. Racial inequality, gender inequality,homophobia,we are a nation divided. I wonder, sometimes,how we got here. When did we stop listening to each other? When did we stop having open and honest debate? Without public discourse, how will we ever solve our problems? I'm so happy to see so many people here, today, who are willing to stand up, use their voice, and fight for what we need in this community. But, it is not a black issue. It is not a black versus white issue. It is not a blue versus black issue. This is an issue that we all face. It is our problem. If we share in the problem, we have a much better chance in sharing in the solution. But, it is going to take time and effort. It is a Herculean task,to be honest. But, I would love to see South Bend to be that city that everyone in the country can point to, across the country and say, "This is how people live in community. This is what community is all about. This is how you solve your problems." We can't wait for people in Washington to step in and fix things. They don't want to fix things. They just want to tell us who is to blame for it. We've got to stand up and we've got to stand together, and we can do it. We can be that city, but we've got to come together. We've got to start listening to each other. Thank you. Laura O'Sullivan, Chief of Staff to the Mayor of the City of South Bend with offices located on the 14th floor of the County-City Building, South Bend, IN, stated, We have a short video to show (which is available in the City Clerk's Office). She then provided Muffet McGraw with the Key to the City, on behalf of Mayor Pete Buttigieg. Council President Tim Scott turned the floor back to the Council for comments. Councilmember Regina Williams-Preston stated, Congratulations ladies, athletes, coaches and Muffet McGraw. We kind of got a little tutorial tonight, didn't we? A nice example of how you use your platform to push forward issues of social justice. I want to thank you for that. Not just today, but every day. But yet, especially today. We are able to pause for a moment and recognize what is in the room. It is great to see it in action because we see it tonight and we know, as has been said, that all these ladies had the privilege to experience that. Not just your tutorial in terms of athletics and those skills, but clearly the moral and social issues. So, thank you again. Congratulations, ladies.You are forever in the history books of South Bend and we welcome you. Thanks. Councilmember Jo M. Broden stated, Thank you, and I am going to be brief. I am actually overcome with emotion from those very pointed remarks. Thank you. And ladies, thank you for all you do on and off the court. It means, I'm sure, so much to you and your families. Your performance honors the life work of your coaches who care about your development, not just as players, but as women. Thank you. Councilmember Jake Teshka stated, Thank you, ladies, for your achievements. Those are, as Councilmember Broden pointed out, achievements on and off the court. It's one(1)thing to be an athlete. It's another thing to be a student-athlete. It's another thing to be a student-athlete at Notre Dame. You all do it and pull it off just fabulously. All the while, being an example for our community and not just the young women in our community but our community as a whole.We've seen it time and time again in our country how sports can bring us together. Coach McGraw,thank you for your remarks. You've proven tonight that you do not have to be one (1) of Coach 4 REGULAR MEETING June 24, 2019 McGraw's players for her to coach you. Thank you for what you do, not just for this team,but for South Bend. Councilmember John Voorde stated, Thank you, everyone, for all the enjoyment you've brought to all of us. I've been fortunate to be a season ticket holder for at least fifteen(15)years and I want to thank you, in particular, for achieving that eighty-eight (88) point plateau and getting me the free Big Macs. So, thanks very much. Councilmember Gavin Ferlic stated, Thank you all for being such a positive part of our community. Thank you so much. Councilmember Karen White stated, I would like to echo Councilmember Williams-Preston's and Broden's remarks. I really am humbled and so touched by the coach standing here. Not only did she acknowledge the work that she's done,but she spoke in terms of situations that we are dealing with in our community, and she did it so well. I'm very appreciative of it. I admire you as an individual. You have stood tall in face of challenges and you spoke the truth. I appreciate you. I've heard that a single, committed person can make a difference, and you are that person. Councilmember Tim Scott stated, Thank you, coach. That really sets the bar and that is what you guys do. Be number one(1). That is setting the bar. So,thank you so much. Thank you,ladies, and everyone in the Notre Dame Basketball Program.You are part of our community and we absolutely adore and admire what you guys do in being part of this community. That means so much and that is something we all can rally around, a central point. We truly appreciate 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. Komaneach Wheeler, 1628 South Carlisle Street, South Bend, IN, stated, I just want to recognize Notre Dame for reaching out to me, even though I got back too late to respond because Tim Scott, Karen White and I were outside in the war,before this war even started like blood, sweat and tears. I have an upcoming organization called Single Mom Heart and Notre Dame reached out to me to do my website for me and to compliment me on what I was trying to implement for single mothers in the inner City of South Bend. So, when you said what you said, it is so true, and it brought tears to my eyes because that has been something I've been waiting to hear. I've always been in the fight. The other day, a lot of people took my roaring as yelling. It took some women, I don't know where she is but she's somewhere, she works in the Mayor's Office and they pulled me into the hallway yesterday and said some things to me and it calmed me to where I've been able to cry for the first (1St) time in eight (8) years. So, I just want to compliment Notre Dame to continue to do what you do for the African American mothers. Councilmember Gavin Ferlic made a motion to adopt Bill No. 19-44 by acclamation. Councilmember John Voorde seconded this motion which carried by a unanimous voice vote of nine(9) ayes. 19-47 A SPECIAL RESOLUTION TO ADDRESS THE IMPACT ON THE CITIZENS OF SOUTH BEND WITH RESPECT TO THE TEMPORARY RELOCATION OF THE ST. JOSEPH COUNTY LIBRARY Councilmember Dr. Oliver Davis, 1801 Nash Street, South Bend, IN, served as the presenter for this bill. Councilmember Dr. Oliver Davis stated, This is a resolution that is really a call to action. I'm glad for the email I got,which I will read into the record today that action has already become. It says a special resolution to address the impact on the citizens of South Bend with respect to the temporary relocation of the St. Joseph County Library. Whereas, The St. Joseph County Library Board on Monday, May 20th, 2019, approved a letter of intent to lease the first (1St) floor of the former Brown Intermediate Center building at 737 West Beale Street to serve as the temporary St. Joseph County Public Library's Main Library during work on the SJCPL's $38 million learning center construction/renovation project at 304 South Main Street in downtown South Bend; and, Whereas,Under the terms of the agreement,the Library would take over much of the school's first 5 REGULAR MEETING June 24, 2019 (1St) floor for two (2) years beginning November 1st, 2019, with an option to end the lease agreement after eighteen(18)months if the new library project was completed early; and,Whereas, On November 26th, 2018, South Bend's Common Council took two (2) actions enabling the St. Joseph County Public Library to move forward with the Main Library renovation and expansion projected to cost $36 to $38 million. The Council voted unanimously to approve a three (3)-way agreement with the Library and Community Foundation of St.Joseph County, committing the City to contribute $4 million, the Library to pay $20 million and the foundation to spend $10 million. In a separate but related step,the Council also approved a$4.8 million bond issue.The City expects to issue the bonds in late 2021. In addition to its own$10 million contribution,the Foundation will start fronting money next year so that construction can begin, then be reimbursed later with the City's $4 million once the City has issued its bonds; and, Whereas, throughout the year many people,including our residents who are dealing with housing instability often utilize the St. Joseph County Library as a resource for shelter throughout the times of its daily operations, particularly during inclement weather; and,Whereas,a discussion to plan adequate public transportation routes with TRANSPO officials to discuss the needed route changes and the cost to make those changes. Now, therefore, be it Proclaimed by South Bend Common Council as Follows: Section One (I). On behalf of the citizens of the City of South Bend, Indiana, we affirm our South Bend Common Council mission statement"To make certain that our City Government is always responsive to the needs of our residents&that the betterment of South Bend is always our highest priority." Section Two(II). The City of South Bend continues to be made stronger when organizations work together to foster positive change and growth. Section Three (III). This Resolution shall be effective immediately upon passage by the South Bend Common Council and approval by the Mayor. Councilmember Dr. Oliver Davis continued, I would like to share a letter I sent to you all, and I told her I would share it. This came today from Ms. Deb Futa from the Library and I was glad she sent a response to this resolution. She said, "Thank you for sending a copy of the resolution. My Board meets this afternoon and I'll share it with them. I'd like to provide an update for you to share with the Council. I've been in touch with Amy Hill from TRANSPO about our move. Initially, we believed that Brown School was on a bus route and it was onlylater we realized our Y error.We've asked TRANSPO to consider expanding either the three-A(3A)or three-B(3B)route to add a stop at Brown for the duration of our stay there. I understand from TRANSPO that adding the stop would create difficulties in other parts of the route, but we've agreed to keep the conversation going. Part of our awareness effort as we get nearer to moving will be to manage the expectations in the community. Brown School really will serve as the equivalent of one (1) of our neighborhood branches. The space we're utilizing will not be large enough to function as a Main Library. This will be a place for our back of house operations and some collection and equipment storage, along with a branch presence in Keller Park. The two (2) unique areas we'll be able to provide at Brown will be our Local and Family History services and our Studio 304 digital creation space. We're really fortunate to have robust branch services in South Bend. We do have three(3) locations directly on a bus route- LaSalle, Western and River Park. In addition, German and Tutt are within a few minutes' walk to a stop. We plan to shift both collection and staff to several of these locations and we'll offer longer hours to offset the temporary closing downtown. I agree wholeheartedly with the Council's efforts to work together to deal with any challenges our move presents to the community." Do you have any questions or comments? Council President Tim Scott opened the floor to questions and comments from Council Members. Councilmember Tim Scott stated, With the temporary site in the first (1St) District, I appreciate your efforts, you and Councilmember Teshka, on the TRANSPO Board to continue pushing for their services. I wish that was agreed upon and reached before the move was made, but, we are dealing with a county entity as well as a school in this. I appreciate your efforts on this and keeping the conversation going. I appreciate the other branches and sites, as well. Councilmember Jo M. Broden stated, I would like to recognize the South Bend Community School Corporation stepping up during this transitional time. That will allow us to really develop a tremendous community asset. They stepped into the gap and I think with your resolution today, and the efforts prior to this meeting with the Library and their moves, I think it is going to be a good temporary location and full service and accessible for everyone. Thank you for your efforts. 6 REGULAR MEETING June 24, 2019 Councilmember Dr. Oliver Davis stated, I think with the issue of the homeless situation, many of them have in the weather, especially in the cold weather, utilized the library. Now they will have to be spread out throughout the City for those kinds of things,but they will be on bus routes. Those of us at TRANSPO will have to continue working on that. I will work back to say that given our financial status at TRANSPO, we probably need to consider what the library, it was not a part of the financial negotiations we all talked about, but to make a route change like that, each change costs money and there is delay in services for one(1)part,but that is the way our bus system is set up. So, therefore, it may be where we are going to have to have that conversation when it comes down to financial dollars with the public library and those in the county to help offset the changes from that standpoint to make sure that everything functions correctly, because that is a different change for that period of time. 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 commend the Council for this resolution. I think there are some important things to be considered and continued for the homeless community in our City. One(1) is the cost of bus passes. It is three(3) dollars a day for a bus pass and that is a difficulty for people who have limited or no income, who could walk to the downtown library. Even though we've made it convenient, putting it on a bus route, we have to realize that is still a difficulty for some of our people. Additionally, we need to make sure that there are resources for computer use, because many of the homeless use the computers in the library for job applications, checking on their various social security needs, and so on. So, I hope that all of the considerations will be looked at in the work that you're doing to make sure that this population is served by our community, as they have been served by having the library downtown. John Shafer, 402 Bison Ridge, Nappanee, IN, stated, I'm an advocate for the homeless and am a co-founder of Michiana Five(5) for the Homeless. The closing of the library, I don't think anyone really understands yet the impact it will have on the homeless community.These people are already very much at risk living outdoors in all temperatures. But,in the summer and the two(2)years that this is going to be closed, that is a place where they go to retreat and stay warm and to use the bathroom. In the winter, when it is freezing out, we know from the polar vortex we had,how cold things can get. It's cold throughout every day of the winter for many of these homeless. They rely on the refuge the library offers. We need to find another place where the homeless can seek that refuge. We need to make sure they are safe and that there are bathroom facilities and that there is a place to rest their feet. They are outside walking around so much, going from soup kitchen to soup kitchen. We need to do something. We need to find a place. I encourage every stone to be unturned and everything to be considered, including weighing the costs. The alternative is people are going to freeze. The alternative if we don't do something, health is going to be affected more and we are going to pay for it as a City, more in the long-run, because of these two (2) years the library is closed. Thank you. Councilmember Gavin Ferlic made a motion to adopt Bill No. 19-47 by acclamation. Councilmember Karen White seconded this motion which carried unanimously 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 7:46 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. 7 REGULAR MEETING June 24, 2019 PUBLIC HEARINGS BILL NO. 12-19 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CORBY BOULEVARD AND SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 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 for the Department of Infrastructure, Planning and Growth with offices located on the 11t" 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 on the screen(referencing a slide in a presentation which is available in the City Clerk's Office) from SF-Two (2), Single-Family and Two (2)-Family District to MU, Mixed-Used District. To the east and south are single-family homes zoned SF-Two(2), Single-Family and Two(2)-Family District. To the west, across South Bend Avenue are vacant lots zoned MU, Mixed-Use District and Eddy Street Phase Two (2),zoned MU,Mixed-Use District. To the north across South Bend Avenue are Single-Family homes zoned PUD. Here is the view of the site from South Bend Avenue. The site plan shows the development of a four (4) story Mixed-Use building with three (3) floors of commercial and one (1) floor residential on top. The parking is located behind the building with the building set at the corner. A new plaza area will be constructed to integrate the multi-use path. This comes to you with a favorable recommendation from the Area Plan Commission. I would be happy to answer any questions. Stephen Studer,Attorney with Krieg DeVault with offices located at 4101 Edison Lakes Parkway, Mishawaka,IN,served as the petitioner. Mr. Studer stated,This comes with a unanimous favorable recommendation from the Area Plan Commission, a favorable recommendation from the Committee this afternoon, and a favorable recommendation from the staff. We are seeking to rezone half of this lot. It is already MF, Multi-Family, the other half is SF-Two (2). We want to zone the whole thing to Mixed-Use. With respect to the rezoning, this rezone is consistent with the South Bend Comprehensive Plan, the future land-use plan, the Northeast Neighborhood Development Plan. The staff found it to be responsible development. It will be a dense Mixed-Use building at a major intersection. As pointed out earlier, the developer did have a community meeting. We have visited with the Robinson Center, Notre Dame, the neighborhood, the NNRO, the City of South Bend and others. We also sent out packages to each of the people within three hundred (300) feet and farther than that, showing both the site plan as well as the elevations. We also have the authority to present to the Council that the NNRO supports this petitioner, Timothy Sexton of Notre Dame is the President of the NNRO. I would be happy to answer any questions. Councilmember Karen White asked, During the hearings, did anyone speak in favor of or in opposition to this petition? Mr. Studer replied, We had no one in opposition, and did have people speak in favor. Councilmember Jo M. Broden stated, I would like to thank you for the work you've done on this. Your collaboration with our Planning Department, your respectful plans, the public engagement process, and the transparency that was throughout the pathway, was great. Collaboration always makes things easier when we finally see it here at Council. So, thank you for your work in that regard. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mo Miller, 1227 Quigley Place, South Bend, IN, stated,I am an original homeowner in the triangle subdivision and I am also a member of the Triangle Subdivision Home Owner's Association. I am here today to speak in favor of this project. I am familiar with the plans of development. I have 8 REGULAR MEETING June 24, 2019 been familiar with those plans for many years, even prior to when my family decided to build a home in the triangle. We look forward to the future development and I support this project. Thank you. Councilmember Gavin Ferlic made a motion to send Bill No. 12-19 to the full Council with a favorable recommendation. Councilmember Dr. Oliver Davis seconded this motion which carried by a voice vote of nine (9) ayes. 13-19 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3102 E MISHAWAKA AVENUE, COUNCILMANIC DISTRICT NO. 3 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 for 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 area in red on your screen (referencing a slide in a presentation which is available in the City Clerk's Office)from OB,Office Buffer District to MU, Mixed-Use District for a Two (2)-Family dwelling. To the west and north are businesses zoned MU, Mixed-Use District. To the east are duplexes zoned MF-One(1), Urban Corridor Multi-Family District. To the south are Single-Family homes zoned SF-Two (2), Single- Family and Two (2)-Family District. Here is a view of the property from Mishawaka Avenue. The parking lot will be to the south. The site plan shows the placement of the required perimeter landscaping in the tree lawn. There will also be a physical separation of the parking lot from the sidewalk, per DCI's recommendation. This comes to you with a favorable recommendation from the Area Plan Commission. Dayle Nunez, 1628 Portage Avenue, South Bend, IN, served as the petitioner for this bill. Ms. Nunez stated, We are petitioning to rezone 3102 East Mishawaka Avenue from Office Buffer to Mixed-Use. Our application was evaluated and supported by the Department of Community Investment with two (2) requests. One (1) being the landscaping with two (2) trees, and the other being the use of parking bumpers in the parking lot to avoid encroachment onto the sidewalk. We agree with both requests and look forward to working with the City to implement them. The rezoning of 3102 East Mishawaka Avenue was unanimously passed by the Area Plan Commission. I would be happy to answer any questions. Councilmember Jo M. Broden asked, In terms of your implementation of the recommendations made by our Planning Department, can you speak to the impact on your as a developer, in general terms? Generally speaking, what are the financial impact or hardship, or non-hardship? Ms. Nunez replied, I don't see any hardship. Actually, I think it would add to the community to have some healthy shade trees on 31' Street. 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 send Bill No. 13-19 to the full Council with a favorable recommendation. Councilmember Dr. Oliver Davis seconded this motion which carried by a voice vote of nine(9) ayes. 14-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC 9 REGULAR MEETING June 24, 2019 PROVISIONS, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 7 GENERAL REGULATIONS, AND ARTICLE 11 DEFINITIONS TO ADD A NEW SF3 RESIDENTIAL FLEX DISTRICT Councilmember Tim Scott made a motion to continue Substitute Bill No 14-19 to the July 8th,2019 meeting of the South Bend Common Council. Councilmember Gavin Ferlic seconded this motion which carried by a voice vote of nine(9) ayes. 15-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS TO REPEAL AND REPLACE SECTION 21-03.06 CBD CENTRAL BUSINESS DISTRICT Councilmember Tim Scott made a motion to continue Substitute Bill No 15-19 to the July 8th,2019 meeting of the South Bend Common Council. Councilmember Dr. Oliver Davis seconded this motion which carried by a voice vote of nine(9) ayes. Councilmember Gavin Ferlic then made a motion to hear together, for purposes of public hearing, Bill Nos. 16-19, 17-19, and 18-19. Councilmember Dr. Oliver Davis seconded this motion which carried by a voice vote of nine(9) ayes. 16-19 PUBLIC HEARING 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 17-19 PUBLIC HEARING 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). 18-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN 10 REGULAR MEETING June 24, 2019 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 Karen White, chair of the Personnel and Finance Committee, reported that they met this afternoon and send these bills forward with favorable recommendations. Dan Parker, City Controller 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 these bills. Mr. Parker stated, This is part of a routine quarterly budget appropriations process where we come before Council and request transfers between various funds, as well as additional appropriations for unexpected expenses, or just capital and administrative types of items we need to appropriate. So, this is a relatively routine appropriations request. Mr. Parker continued, Getting into the bills, Bill No. 16-19 is our budget transfer bill. This bill does not increase or decrease appropriations, it simply transfers money between different cost categories within already appropriated funds. There are a number of different items on here and I would be happy to discuss any of them that Council may have questions on. Councilmember John Voorde opened the floor to Council Members for questions regarding Bill No. 16-19. There were none. Mr. Parker continued, Bill No. 17-19 is a request for additional appropriations for our governmental funds. There are a number of different items on here that are separated into our categories of items that are supported by new revenue, items that are capital projects, and then some administrative clean-up types of items.The largest items include the$1 million appropriation for spending of a grant that the City received from the Leighton Foundation for the My SB Parks &Trails Initiative. Moving onto the capital projects,there is a$1.8 million additional appropriation request for the implementation of the City's new accounting software, our ERP System. The original plan was to lease that implementation cost and actually take out a loan for it but given the City's cash position, the City can avoid a significant amount of interest costs by paying for it up front. So, we ask for an additional appropriation for that. Then finally, there is a $3.3 million request which is simply to appropriate the funds for the Zoo bond capital. That is a bond we took out in 2018 but we never formally appropriated the spending of the proceeds from that bond. So, we are requesting the Council to allow us to do that. I would be happy to answer any questions on those items, or on the smaller items, of this bill. Councilmember John Voorde opened the floor to Council Members for questions regarding Bill No. 17-19. Councilmember Karen White stated, I would just like for our City Controller to explain the timeframe of the Zoo bond and why we are now doing it. Mr. Parker stated, We originally issued the bond and received the proceeds in 2018 for the Zoo capital. Originally, because the structure of the bond where we are responsible for the repayment of the bond but not necessarily responsible for the distribution of the payments, we had accounted for that off of our books. Given the putting together of our recent financial statements, The State Board of Accounts recommended that we actually account for the proceeds of that bond, as well as the payment and the distributions to put the capital projects on our accounting books. So, we would like to have those formally appropriated. Councilmember Jo M. Broden stated, I would like to follow up on a question asked in Committee. You spoke about continued commitment at the same level with the bond as approved. I would like to inquire,just going forward,if Council as a whole could be kept in the conversations with updates with regard to any questions being considered at the operating level for the contract itself. My understanding is that there is some leeway there to relook at that in light of other funding sources and I think it would behoove us to actually look at that in light of the changed circumstances. 11 REGULAR MEETING June 24, 2019 Mr. Parker replied, I will pass on that request to Aaron Perri who is leading the City's side in those discussions. Mr. Parker continued,Bill No. 18-19 is also a request for additional appropriations,but it is for our enterprise funds as opposed to our governmental funds. These are more of the business-type activities. This is a relatively short list of appropriations. There is a $960,000 request for renovations and repairs at Fire Stations Three (3) and Six (6) as well as $177,000 which is simply a transfer of the operating income for the Century Center in 2018 from their operating fund into their capital fund. There is also a$63,000 request from the Century Center to cover the cost of the study that looks at options to expand the Century Center. I would be happy to answer any questions you may have. Councilmember John Voorde opened the floor to Council Members for questions regarding Bill No. 18-19. There were none. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. There were none. Councilmember Gavin Ferlic made a motion to send Bill No. 16-19 to the full Council with a favorable recommendation. Councilmember Karen White seconded this motion which carried by a voice vote of nine (9) ayes. Councilmember Gavin Ferlic then made a motion to send Bill No. 17-19 to the full Council with a favorable recommendation. Councilmember Dr. Oliver Davis seconded this motion which carried by a voice vote of nine (9) ayes. Councilmember Tim Scott then made a motion to send Bill No. 18-19 to the full Council with a favorable recommendation. Councilmember Gavin Ferlic seconded this motion which carried by a voice 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 8:08 p.m. Council President Tim Scott presided with nine (9)members present. BILLS —THIRD READING BILL NO. 12-19 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CORBY BOULEVARD AND SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. Oliver Davis made motion to adopt Bill No. 12-19. Councilmember Jake Teshka seconded this motion which carried by a roll call vote of nine(9) ayes. 13-19 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3102 E 12 REGULAR MEETING June 24, 2019 MISHAWAKA AVENUE, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. Oliver Davis made motion to adopt Bill No. 13-19. Councilmember Karen White seconded this motion which carried by a roll call vote of nine (9) ayes. 14-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 7 GENERAL REGULATIONS, AND ARTICLE 11 DEFINITIONS TO ADD A NEW SF3 RESIDENTIAL FLEX DISTRICT Bill No. 14-19 was continued to the July 8th, 2019 meeting of the South Bend Common Council. 15-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS TO REPEAL AND REPLACE SECTION 21-03.06 CBD CENTRAL BUSINESS DISTRICT Bill No. 15-19 was continued to the July 8th, 2019 meeting of the South Bend Common Council. 16-19 THIRD 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 Dr. Oliver Davis made motion to adopt Bill No. 16-19. Councilmember John Voorde seconded this motion which carried by a roll call vote of nine(9) ayes. 17-19 THIRD 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), 13 REGULAR MEETING June 24, 2019 $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 Dr. Oliver Davis made motion to adopt Bill No. 17-19. Councilmember John Voorde seconded this motion which carried by a roll call vote of nine (9) ayes. 18-19 THIRD 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 Gavin Ferlic made motion to adopt Bill No. 18-19. Councilmember Dr. Oliver Davis seconded this motion which carried by a roll call vote of nine(9) ayes. RESOLUTIONS BILL NO. 19-46 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SUPPORTING AND ENDORSING A RESTORATIVE JUSTICE INITIATIVE FOR THE CITY OF SOUTH BEND AND A PROPOSED TIER I COMMUNITY PILOT PROGRAM TO IMPLEMENT THE INITIATIVE Bill No. 19-46 was continued indefinitely in the June 24th, 2019 Community Relations Committee meeting. BILLS ON FIRST READING BILL NO. 19-19 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1510 AND 1520 WASHINGTON STREET AND 1636 CIRCLE AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Jake Teshka made a motion to send Bill No. 19-19 to the Area Plan Commission for their meeting on July 16th,2019 and then to the Zoning and Annexation Committee for Second Reading and Public Hearing on July 22nd,2019.Councilmember John Voorde seconded the motion which carried by a voice vote of nine(9) ayes. UNFINISHED BUSINESS 14 REGULAR MEETING June 24, 2019 BILL NO. 19-45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 407, 411, 419, 423 AND 427 SOUTH FRANCES STREET Councilmember Jake Teshka made a motion to send Bill No. 19-19 to the Zoning and Annexation Committee for Second Reading and Public Hearing on July 22nd, 2019. Councilmember Regina Williams-Preston seconded the motion which carried by a voice vote of nine(9) ayes. Council President Tim Scott announced, Today there was a press release sent. The City has put safeguards in place and has reengineered where the Federal Railroad Administration has approved the quiet zones. Safety is not compromised on the crossings and it is only for the Northfolk Southern trains,right now. There is still Canadian National and Amtrak trains that run through the City. We have over one hundred (100) trains come through our City every day. That is over five hundred(500)times that they blow the whistle through those intersections in our City. As of June 17th, they started a quiet zone where safety barriers were put in place and it allows trains to pass through our City without blowing their whistles with the exception of an emergency like something being on the track. Therefore, they will pass through our City quietly. That only applies to the Northfolk Southern trains. There will be more to come. As many know, there is a detriment to learning, sleep and every part of the quality of life that is affected by train horns. This is a big improvement to our City. Councilmember Dr. Oliver Davis interjected, I look forward to getting more sleep now. Thank you. NEW BUSINESS Councilmember Jake Teshka asked, Could we look into the tornado siren issue? Last night I know some residents south of Jackson, including myself, as the tornado had already formed, I didn't know if the siren was out but some heard sirens and some didn't, and notifications got out late. Thank god last night there was no loss of life, but we should look into that with the County to see what we can do. PRIVILEGE OF THE FLOOR Tyree Bonds, 1222 High Street, South Bend, IN, stated, I just want to say this. Everything that is going on right now with the death of my brother, I would like to ask the public and everybody else to stop using his death for your own personal agenda. Please don't. This is what the family is asking for. Our family wants justice. We don't want arguing. We don't want to start yelling at the Board or the Police,none of that. We know for a fact that it is going to take a process. If our family is willing to accept that, you all have to accept it too. I watched all the yelling and hollering yesterday, that was just ridiculous. Don't use my brother for your own certain agenda. He's dead. We can talk about him but all the yelling, everybody knows there is stuff that has been going on for a long time. They said there is going to be a special prosecutor, we have to let that happen. Don't use my brother for your personal agenda. That is the reason I came down here tonight. I appreciate everything that is going on but the only thing we want is justice. We ask you all just to do your job. As a family, that is what we are asking for. That's all I have to say. Marvin Crayton,305 South Lake Street, South Bend,IN,stated, I am one(1)of the Vice Presidents of the LaSalle Park Neighborhood Alliance. My problem is we have a wildlife habitation at 302 South Falcon Street. It came as a surprise to us.No one(1)told us about it. So,something happened there. I know something happened. Why did this happen? I say this, the seller of this particular property, I asked that young man what he is going to do there. He told us he was going to put a garden there. But, this is the garden. We didn't have transparency from you and we didn't have transparency from him. This is unsafe. That tall grass, I have some pictures I would like to show you (he then provided the Council with photographs which are available in the City Clerk's 15 REGULAR MEETING June 24, 2019 Office).This stuff will burn,I've tested it. So,if you don't take my word,have the Fire Department go out there and get their opinion. It's unsafe. That grass is three (3) feet from the neighbor's house, ten (10) feet from the other one and it's seven (7) feet from my house. The police were chasing a guy and they caught him in the tall grass. There, again, you can get that Police report. It will burn and it's a nuisance. We've got enough groundhogs in the area. The City didn't do anything about it, so we have to do it on our own. This guy is bringing more. Then, there are mosquitoes. That water and the tall grass is a breeding ground for mosquitoes. We need the grass cut short. I'm trusting you guys to do your job and take care of it. Then, we have Mayor Pete with his executive power. George Jones, 256 North Sheridan Street, South Bend, IN, stated, As Mr. Crayton has indicated, I am also concerned about this man's residence. I initially went by his house when he first (1St) purchased his house and it was a lovely home. Then a couple weeks later I came by again and I saw the grass started growing, I though he had moved from the house. The weeds were up to his door and it looks horrible. As has been said, we already have a sanctuary out there. If you come down Linden Street,next to the track you will see that we have a natural sanctuary. We don't need a sanctuary in the middle of our community where kids are playing, and animals are being housed in this particular field. There could be groundhogs, raccoons, or skunks. There could be any type of rodent in that area. It is an infestation.The water settling there and the weeds and the mosquitoes and all the other types of bugs. The other neighbors' yards are well-manicured but, yet this man moved into the community with an agenda to put a sanctuary there. He has two (2) lots. He has a lot on the right and left side so that he can have a bigger sanctuary. Enough of that but my last comment is about this one hundred (100) houses demolition in one hundred (100) days. That is a concern, too, because again, Mayor Pete did not use foresight to see the problems that would manifest once the houses were demolished. Grass is growing everywhere. I just came down Diamond Street over on the northeast side and I bet you every three (3) or four (4) houses, grass was flourishing. That is an abomination. Thank you. Dennis Plump, 302 South Chicago Street, South Bend, IN, stated, I am a second (2nd) Vice President of the LaSalle Park Neighborhood Alliance and I piggyback off my two(2)brothers. My question is why is it taking so long for the City of South Bend to move on this matter? If this was a problem in any other neighborhood, and I want to say this, not because I'm racist or I'm against certain nationalities, but for a white person from Notre Dame to move into our neighborhood and set up something like this, and all the red tape it is going through to get something done, what if a black person was to move into a predominantly white neighborhood and try to do something like this? I guarantee you that it would not take place. No one (1) could go online and get a certificate or something to stop the procedure of this happening. It's ridiculous. You as the Council have the right and the authority to stop this. People that live where we live in the LaSalle Neighborhood, we pride ourselves in keeping our yards and things kept up,even though we don't have high dollar- type homes. Then to have someone move in there with a different agenda and different scenery there, we have to live there and accept it and not have a say about anything being done. That's atrocious. I'm saying to you, do your job. Do your job like you do on everything else and all the business that has come up here today. Come into our neighborhood. There is a perspective there to make sure we have a peace of mind in an area. It's up to you. Jason Banicki-Critchlow, 3822 Ford Street, South Bend, IN, stated, Much of what I was going to talk about tonight was made moot by the FOP Thirty-Six (36) stepping up today and issuing a pretty stern letter to remind us that tragic events that happen, such as what happened on June 16th should not be used as political pawns. Our police officers are not political pawns. These are two hundred and thirty-nine (239) men and women who go out there and try to protect our neighborhoods and stand up for us every day. Are they perfect? Far from it. Do all of us have the same experiences with them? Far from it. I am willing to admit and acknowledge that I have a very different experience than many people in my community with the Police. That doesn't mean they should be subject to constant scrutiny of every decision they make when you have people who have never taken a moment of use of force training, or had to make a use of force decision, questioning a use of force that is made, all without any of the facts yet. People then make accusations against an officer without all of the facts. Let the process play out. Let us take our time. We don't need to make a judgement day one (1) or day ten (10). We got an important piece of the puzzle today with the special prosecutor. I wish we got it six(6)months ago when the Erica 16 REGULAR MEETING June 24, 2019 Flores incident happened. We need more consistency like this. If our Police are involved, then the prosecutor needs to step aside and let someone else handle that. I think we need to remember, we don't know everything that happened that night. Let's not make it a political pawn for both local and national media attention while we run for President or whatever we choose to run for. Let's remember that most of these people mean well when they go out there every day to protect us. Thanks to the City last year slashing thirty (30) police officer positions from the budget, not only are they undermanned, they are now in perpetuity undermanned and not going to be able to do the job they should be, every day of the year. Jesse Davis, P.O. Box 10205, South Bend, IN, stated, I just want to say I agree with what Jason just said. The family member that came up here and spoke first (1St), I really hope our Mayor is sitting up in his office listening because I received the second (2m1) email today and it was very disturbing. He put it out on his Pete for President email and it basically is doing nothing but talking about this shooting and the death of this man and racism. We already see in the news media that he obviously is having a problem garnering the black vote. He should not be putting these emails out basically pandering for that black vote. That's what it appears to be in most people's eyes. I went to the town hall meeting yesterday and sat through it. Yes, it got a little bit loud and crazy, but people are angry, they're pissed off, and they're tired. They are tired of hearing the same old thing. I pulled up and showed another town hall the Mayor had back in 2012. I shared the news article of it today. The Mayor was speaking, and we heard the same thing: transparency, we want community input. We've been listening to this for a long time, but we don't get it. Even here we don't get it. I've come to you folks, I've filed proper APRA requests for some equipment that mysteriously appeared with the City. I've been trying to get my information for three (3) years. The last time I filed, I was told I didn't file an APRA. Why should I have to continue filing APRAs for several years running for the same information? Why can't the Legal Department, once the investigation was completed,which was their excuse for not releasing the information to me, once that is done, please, send me my information. Don't make me to try and remember it three (3) years later and file another APRA. That's not transparency. I can show numerous cases where I've tried to pull public documents and have been turned down. I do through the public access counselor in Indianapolis who is supposed to solve those problems. Guess what?They don't get solved. I get excuse after excuse from different people in the Legal Department who come and go as the City Attorneys. All I'm saying is the Council Members and the Mayor and the upcoming Mayor, everyone is politicking,and everyone keeps talking about transparency. Let's see some of that. For real, let's see it. Ask the Chief of Police and the Mayor, what do they want us as the public to do to help this violence problem? They keep saying it's a community problem and that they need our help. What exactly do they want us to do? What do they want us to do? We don't get invited to the table in many cases. Komaneach Wheeler, 1628 South Carlisle Street, South Bend, IN, stated, I was one(1)of the ones last night that was yelling. Let them tell it. To me, I'm a mother of injustice. That was just my pain and agony from being unheard for eight (8) years. That is one (1) thing, ok? That was a lot of energy. What brought me here tonight was because I'm a mother and my character matters. If it looked like I was out of character, I give my apologies to the City. What I was trying to do is I know plenty of officers, good ones,black and white. I stood beside the Mayor when he didn't even know. I got pictures with him that he doesn't even know about. That's how long I've been a positive activist in our community. I stood with Tim Scott and Karen White when many, many outreaches went to the African American women, mothers and fathers, when all of this black on black crime started. They opened up Northwest Side Community and all the news stations were there. I was the only black mother. I've been out here in a positive light. So,what I said yesterday, which effected the black community and they called me a, well, you heard it, but the reason why is because I put my life out on the line just like the Police do. I tried to bring the black community together, and they didn't want to. I still fought. They were mad at me because I supported Pete and Scott because they introduced GVI. A lot of people overlooked that and that was something that was implemented for South Bend and black on black crimes, for every mother and every parent to get out here to meet the people who will be dealing with your kids if they commit these crimes. They had the opportunity to meet them and I'm talking about from US Marshalls, the Mayor was there, lawyers were there, Council Members were there, they had the kids on probation there. No parents went but me and my proof is right here. My proof is in the making is what I'm saying. So, 17 REGULAR MEETING June 24, 2019 that is all I was yelling. I was yelling to the NAACP because they have nothing implemented in for black on black crime. You haven't organized things for our own people. Don't wait until something goes wrong with the Police. That is an issue but there are people in place for that. I'm not getting into that, but what are you doing for your own community before you can just step out and then come back and attack them to destroy your whole City? Anthony Vasoli, 1141 Blaine Avenue, South Bend, IN, stated, I'm a professional soccer referee as Councilmember Ferlic can attest to. I'm a pretty good referee and my father was a criminologist at Notre Dame. I am well aware of the difficulty of the job that police officers have. I took it upon myself to take the Citizens Police Academy last summer. I recommend any citizen to take advantage of that. It is a free course and it teaches you what police officers go through and it was fantastic. I came away from the course with a lot more information and a better idea of what police officers go through. One (1) thing I asked during the class several times was why is the only training shoot to kill? I've asked friends that have parents that are police officers, too. Why this emphasis? Why not shoot to wound? The answer I got all the time is that the torso is a bigger target. In another presentation, they talked about rubber bullets shot from a distance,it's more like a rubber ball. He brought up that you aim for the thigh. I haven't been shot or threatened with a gun,knock on wood, so far but I imagine if I were shot in the leg, I would double over in pain and not be able to discharge my weapon. I don't know if that's the case or not. But let's say there was a knife,in this case apparently there was a knife. While I was doing a FATS Training,my situation to enter a school and there was someone holding a knife to the students. They told me I didn't shoot him soon enough I asked why, and they said, well, he was threatening. I just think a lot of officers, and once again I know it's difficult being that in that position, but they have an itchy trigger finger. They need to take courses in psychology to get themselves calm. Our training as referees is to treat the situation with as little intervention and as little punishment as necessary to control the situation. I think a lot of the police officers need to recognize that would be helpful in their job, so they are not getting into situations like this. I appreciate you listening and,once again, I emphasize to sign up for the Citizens Police Academy. I believe the applications are going out. You can contact Ken Garcia. You could really learn a lot. Thank you. Viola Sims, 1636 Florence Avenue, South Bend, IN, stated, My problem is with the overgrown grass in my community. On our way, we passed about ten (10) lots where the grass is at least five (5) or six (6) feet tall, ok? We call Code Enforcement and they tell us they will cut it, but it's a process. The residents in Kennedy Park are getting sick of the process when there is grass that is ten (10) feet tall by our homes. The kids in our neighborhood cannot walk on the sidewalk. They have to walk in the street. If they were caught walking in the street, the officer would stop and tell them to get on the sidewalk. Which one (1) of you would want your kid on the sidewalk where there is grass ten (10) and five (5) feet tall? My residents call me and asks me to call Code Enforcement and the Common Council. Regina is our Council Member and she does an excellent job, but we are getting tired of reaching out for help and we aren't getting help. We have our environmental person who cuts grass, but Code Enforcement should cut it. We are tired of this, ok? My residents call me and ask me to call down there. I called down there, but they look at me like I am failing them. Yes, I'm failing them because what they are asking me to do, the City is not doing. The City is failing my community. We need action with this tall grass. There is no way that grass, in our neighborhood, should be ten(10) feet tall.Not one(1)lot,but two (2) lots. If you go through the Kennedy Park area, I'll guarantee you that you can find at least ten(10)lots. Across from my house, the grass has not been cut all summer. That lot is six (6) feet tall. I went out there and measured with a tape measure. I'm just asking the Common Council. I don't know if the Parks Department doesn't have enough man power or mowers,but we need answers. We are getting sick and tired of living with what we have to live with. I'm afraid to go outside because I don't know when somebody would jump out of the grass. I'm afraid to let my little granddaughter play because I don't know what's in the grass. Animals or a body or whatever. So, please, just give us some answers.This has been going all summer and we should have answers of why the grass in Kennedy Park is ten(10) feet tall. Like I said, it's not just one(1) or two (2)lots,it's a bunch of lots. Please, let me serve my community and help me serve my community. Sandra Kirish, 1909 Parallel Street, South Bend, IN, stated, We had the Mayor come to our Kennedy Park Neighborhood Association meeting and he had told us there were certain streets in our area that were going to be paved. Those streets, to this day, have yet to be paved. There are 18 REGULAR MEETING June 24, 2019 potholes, major potholes. They did come and fix some on my street because I popped a tire and called. They finally got someone out there. I had one (1) that was over four (4) feet deep and I popped a tire trying to get to my house. We need these streets fixed. It's getting to the point where people are bending tire rims, they're breaking axels and several vehicles have been damaged due to these streets not being fixed like we were promised. We are just asking that we get the cooperation of the City to get these streets fixed in our neighborhood. Thank you. Lucy Harris, 1603 Longley Avenue, South Bend, IN, stated, I came tonight to speak about a tree. It fell on the electrical wires on the corner of my house and Wilbur eleven (11) days ago. We've been calling, calling and calling. We were instructed from 311 to call the light company. I called them and finally they came out after a week and put a little of the branches from the small wire up there. Today, finally, there was another company that came out and cut the tree down off the electrical lines. But, part of the covering that covers raw wires, that is left still up there. I don't know if its live, electric, telephone or what. I'm really concerned that when we have a problem there, in our area, why does it take so long for us to get the help that we need. We pay taxes just like everyone else. My house is surrounded with grass that has not been cut this year and I believe those lots belong to the City. What are we supposed to do? How can we get somebody to come out and do what they need to do?Nature caused it. The wind blew, and the tree fell on the electrical lines. Nobody is getting it taken care of. We have children in the neighborhood and I'm really concerned. Thank you. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 8:44 p.m. 19