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HomeMy WebLinkAbout07-13-15 Common Council Meeting MinutesREGULAR MEETING JULY 13, 2015 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, July 13, 2015 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation(Oliver Davis) and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Tim Scott Henry Davis, Jr. Valerie Schey Dr. Fred Ferlic Dr. David Varner Oliver J. Davis Derek Dieter Gavin Ferlic Karen L. White OTHERS PRESENT: 1 st District, (President) 2 °d District 3`d District 4' District 5' District 6' District At- Large, (Vice- President) At -Large At- Large, Chairperson Committee of the Whole Kathleen Cekanski- Farrand Adriana Rodriguez John Voorde Janice I. Talboom Kareemah Fowler Council Attorney Legal Research Assistant City Clerk Deputy Chief Deputy REPORT FROM THE SUB - COMMITTEE ON MINUTES Councilmember Oliver Davis made a motion that the minutes of the June 22 °d, 2015, meeting of the Council be accepted and placed on file. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay by Councilmember Derek Dieter. SPECIAL BUSINESS Council President Tim Scott announced Bill 18 -15 regarding hand -held device has been continued indefinitely. Those here regarding the trash fees 2016 that has been continued to July 27d'. Committee Citizen Member, Ronald Okoye of the Zoning and Annexation Committee was sworn in. 15 -54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING, COMMENDING AND THANKING DONALD J. NAPOLI FOR MORE THAN 37 YEARS OF DEDICATED SERVICE TO OUR COMMUNITY AS DIRECTOR OF THE ST. JOSEPH COUNTY LIBRARY the Common Council of the City of South Bend, Indiana recognizes that on March 10, 1941, Donald J. Napoli was born in Somerville, Massachusetts, to Lucy (DeDeominicis) and Pasquale Napoli; and 6A" the Common Council further recognizes that Mr. Napoli received his AB from Boston College in 1964,served as a Captain of the Ordinance Corps in the U.S. Army from 1965- 1967, and then continued his studies by earning a Master's Degree in Library Science from Catholic University of America in 1971; and 6A" the Common Council notes that in the 126 -year history of the St. Joseph County Public Library District, there have been five (5) Directors, with Donald J. Napoli serving in that capacity the past 37 years; and 1 REGULAR MEETING JULY 13, 2015 6A" downtown South Bend is the home of the main library, with nine (9) branch libraries — all of which were built under Mr. Napoli's leadership. They have over 540,900 print materials, 7,697 e -books & e- magazines, 78,020 physical audio titles, 7,694 downloadable audio titles, 64,772 physical video titles, over 1,100 programs, & 630 children's programs as of 2012. A very diverse and growing audience of all ages have the opportunity to be a part of the first public library in the United States to have a World Wide Web page. AL;x #M & a mwfler4 �p die w6mmom w6fia of hie ye 0 '6AMd ,Alavlff� a4la, Section I. On behalf of all of the residents of the City of South Bend, Indiana, the Common Council is especially honored and proud to recognize Donald J. Napoli for his vision and leadership as Director of the St. Joseph County Library system for the past 37 years. Section II. The Common Council congratulates Donald J. Napoli on his very recent retirement and wishes him and his wife, Carol, many years to "Learn, Discover, and Enjoy ". We hope that they will now have more time to play chess, do woodworking, enjoy music, and make more memories together with their children & grandchildren. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, 1" District Oliver J. Davis, 6m District Henry Davis, Jr., 2nd District Derek D. Dieter, At Large Valerie Schey, 3rd District Gavin Ferlic, At Large Dr. Fred Ferlic, 4 1 District Karen L. White, At Large Dr. David Varner, 5 1 District Kathleen Cekanski- Farrand, Council Attorney VIM Office of the City Clerk Pete Buttigieg, Mayor of South Bend REGULAR MEETING JULY 13, 2015 Councilmember Oliver Davis presented Resolution 15 -54 to the full Council. Councilmember Davis stated it is has been an honor to have him. Beth Futa made remarks: Thank you for honoring my boss who has given so much to this community and so much to us. Thank you. Councilmember Henry Davis, Jr. —Thank you Mr. Napoli for your years of service. I had an opportunity to work with you my first term on the LaSalle Library Branch. Thank you for that. Since then I've grown to appreciate you more. Thank you for your time with the community and the selflessness that it takes. I wish you well in your retirement. Councilmember Schey —Thank you for promoting literacy in our community; it is a central part of our community and well - being. We have a fabulous library system thanks to you. Councilmember Dr. Ferlic — Thank you so much, the library is described as the jewel of our community. It is the Disney Land of knowledge. Thank you so much for providing that for us. Councilmember Dr. Varner — Donald, when you've been around as long as I have you remember some things. One of the things I remember is when you left and went to Cleveland and I thought, what a shame. But next thing I knew you were back and you've been here ever since. I think that is an enormous benefit to this city and I appreciate all that you've done. I wish you well in your retirement. Council President Scott — Donald I'm not sure why you went to Cleveland, but smart move moving back. It has been a pleasure and thank you for all your service. Councilmember Dieter —Thank you very much. Sometimes I don't think people give you all the credit for what you've done for the community over the span of your work from the amount of time and effort, upgrading the libraries around town... It is a great loss for the community I'm sure the new director will jump in your shoes. Tim Scott was too embarrassed, as he does have $5.10 in fines. I wish you all the luck in the world. Councilmember Mr. Ferlic —Thank you Don you have really built a world class library system. Thank you. Councilmember White — Everything that I would like to say other Councilmembers have already stated. I too would like to thank you for your commitment to this community and county for the fine work that you've done for an outstanding library system that we all enjoy. I appreciate your ability to sit and to listen to the tough conversations. You didn't back away from the table, you were there. I deeply appreciate that. Have a wonderful retirement. Councilmember Oliver — Again, it has indeed been an honor to honor you tonight; where you can go around town and see the work that you've done with your staff. In the 6' District our library was improved several years ago and it has been a tremendous blessing for our neighborhood. We would like to thank you. Donald Napoli made remarks: I want to thank the Council for all their support they've given the library throughout the years. I had a lot of help with my administrative staff, I'm sure they will do well. They are well trained and dedicated to this library system. I would also like to thank my wife and my three girls for all the long nights. Mrs. Napoli, wife of Donald Napoli commented: I thank this community for your hospitality and your support of libraries. I would also like to thank the staff as they are all dedicated people. He worked many hours in the beginning, especially when technology was starting. He would spend hours in the basement learning, as he knew what it would do for the community. It has been a joy to be with him and go along the ride. Thank you all. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. REGULAR MEETING JULY 13, 2015 Those wishing to speak in favor: Mayor Pete Buttigieg, Offices on the 14' Floor— I want to thank the Council for acknowledging Don in this way and recognizing the entire team. I benefited from the library first as a kid, going in there checking out books on dinosaurs, tornado's, and the titanic; things that I enjoyed. Now I benefit from the great alliance that we have with the library to make this community a better place. The library is an indicator on how well civilized a community is. It is a real testament to this community. Don's successor will have big shoes to fill, but I know she will be terrific as well as she is standing on a great foundation. Thank you to the entire team. The whole city wishes you the very best in your fixture endeavors. There being no one present wishing to speak to the Council in opposition to this bill, Councilmember Dr. Ferlic made a motion to adopt by acclamation Resolution 15 -54. Councilmember Mr. Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. One last comment from Donald Napoli: I would like to thank the public for their support they've given our library; that has been wonderful. As they have been with us all the way. I thank them for using our library and supporting it. 15 -55 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA PUBLICLY HONORING AND THANKING KELLIRAE BOANN FOR THE MANY CONTRIBUTIONS SHE HAS MADE TO OUR COMMUNITY AS EXECUTIVE DIRECTOR OF THE MUSIC VILLAGE ,1G TH l 1 % Imo' I 1 *W111Jd us] 0110lei A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA PUBLICLY HONORING AND THANKING KELLIRAE BOANN FOR THE MANY CONTRIBUTIONS SHE HAS MADE TO OUR COMMUNITY AS EXECUTIVE DIRECTOR OF THE MUSIC VILLAGE (W" the South Bend Common Council notes that "The Music Village, a community musical arts alliance, aims to teach and present music that reflects the rich and varied cultural traditions of the South Bend area's diverse communities. The location of The Music Village in the historicJMS building expresses their commitment to restoring vitality and vibrancy to downtown" South Bend; and (W" the Common Council recognizes Kellirae Boann as one of the founding members and executive director of The Music Village, which celebrated its three year anniversary this past June. Ms. Boann's determination and desire to bring art and culture to the South Bend community enabled her to take The Music Village from concept to inception; and 4 REGULAR MEETING JULY 13, 2015 (A" the Common Council further commends Ms. Boann's devotion to the continued development of South Bend's downtown area. Ms. Boann has enriched the community through musical collaboration and artistic talents. Ms. Boann has made it a priority to perform in DTSB events along with many members of The Music Village. Ms. Boann's vested interest and desire to enhance the South Bend community is evident in her contributions; and 6X" originally from Baltimore, Ms. Boann has been an active resident of the South Bend community for more than twenty years. Ms. Boann is a graduate of Indiana University South Bend with a Bachelor of Arts (B.A.) in Women's and Gender Studies and Political Science. Ms. Boann has been a performer in the South Bend community for more than 10 years as vocalist for the band Everyday People, and Section I. On behalf of the residents of the City of South Bend, the South Bend Common Council is proud to honor Kellirae Boann for her commitment and enthusiasm to cultivating art and culture in the South Bend Community. Section II. The Common Council wishes Kellirae Boann continued success, and hopes that her life will be filled with new adventures and countless opportunities. Ms. Boann will be embarking on a year long expedition as a performer with America's Great Loop Cruisers'. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, 1" District Henry Davis, Jr., 2nd District Valerie Schey, P District Dr. Fred Ferlic, 4 1 District Dr. David Varner, 5 1 District 20/5. Office of the City Clerk 5 Oliver J. Davis, 6 1 District Derek D. Dieter, At Large Gavin Ferlic, At Lar Karen L. White, At Large Kathleen Cekanski Farrand, Council Attorney Pete Buttigieg, Mayor of South Bend REGULAR MEETING JULY 13, 2015 Councilmember Dr. David Varner presented Resolution 15 -55 to the full Council. This is Kellirae Boann, she is the Executive Director of the Music Village soon to be retiring. Tamara was instrumental in getting this started. Kellirae Boann made remarks: Thank you, as I look around the room, every face that is familiar has contributed to the Music Village. I was the right person, at the right time, at the right place. So many of you on the Council, certainly you Dave, Tamara who was one of the best team partners to have in those early days. DTSB and Aaron Perry I don't think of this would have happened if you had not listened to Jerry's great idea. I just thank you, it has really been the most challenging and rewarding work I've ever done. I will never forget this experience. Tamara made remarks: Kellirae is an amazing person, I have had the privilege of being with her and sixty others at a meeting in October 2011; where the idea of doing a community school of music modeled around the old town school of folk music in Chicago was broached. We wanted to see how much interest the community had. There was a handful of people that got so excited about the presentation, Kellirae being among them. They decided that this was something that we could have here, not in the near fixture but within the year with the doors opening in June 2012. There was a lot of bravery, chartering unknown waters, and communicating what she needed with people along the way, then the community stepped in. Kellirae is so fiiendly, so warm, so welcoming to everybody that it really worked. She formed a lot of partnerships that will out lasts her tenure as Executive Director of Music Village. She has really set the foundation for the school to go to the next level. I want to thank you Kellirae for all the hours and hours that you have set yourself in the basement and never saw the sun, for everything that you've done for the community, for music, and for the city of South Bend, IN. Councilmember Dr. Varner stated Bill has led the Guitar Jam that I try to participate in periodically. He has a story that he would like to tell. Bill Haddock, Edwardsburg, MI — I would like to talk about a young fellow that came to the Jams, that I led for quite some time, came in one night. He stated that he was in a really dark place and was considering suicide, but then he came to the Music Village. That's how important this can be. I want to thank all the financial supporters, and all the people that come to the jam sessions with me for the last three (3) years. Councilmember Dave has been there quite frequently, the Mayor has played music with us; he is a guitar picker himself. It's been a rewarding experience. So anything that you can do to support the Music Village, step up. Councilmember Dr. Varner — It is often easy to get excited about the really large things like baseball stadiums, football stadiums or a big new building. One of the things that makes a community is when the average people get together and find something in common. I think we have that at the Unity Gardens, which has been enormously successful, I think once people realized it's there. I think this is what makes the community a likeable and happy place to live. Councilmember White — Thank you for your commitment to the arts and we wish you the best as you start this next journey in your life. Councilmember Mr. Ferlic — Thank you and your next trip sounds amazing. Councilmember Dieter — Thank you for all the great work and all the places I've seen you and the band perform. This honor is well deserved for everything that you have done for the community. It is great to see two 1st District people being honored tonight right out of the gate. So thank you for all of the great work you've done. Councilmember Davis — I wrote down based on the comments, never underestimate the power of a head full of musicians coming together to enhance the city. Thank you so much for what you have done and best wishes to you in the fixture. 0 REGULAR MEETING JULY 13, 2015 Council President Scott — Kellirae it has been great having you here. Music is so vital; it is great that we are honoring the arts tonight. Thank you so much. Councilmember Dr. Ferlic — Congratulations, music is really the soul. They've shown in Alzheimer's that the last thing to leave them is their love for music. It is true for autism, and a lot of other disease prognosis that we have. Congratulations. You have my profound admiration for anyone who can teach Dave Varner. Councilmember Schey —Thank you so much. Councilmember Davis, Jr. —Thank you so much and congratulations obviously is an order. I believe in arts as well. I've been so excited in art that I went to college and majored in art. Not only that I am an accomplished, award winning drummer as well. I believe in the magic and business of what it can do for people; it's done something great for me as well. Thank you for bringing this to our community and making sure that people are able to gain from it as well. Thank you so much This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor: Cecil Eastman, 57112 Peachstone Drive, South Bend— Pete what can you do man? Anyway, being a musician myself, I completely understand the value of Music Village. I'm not sure if I should thank Kellirae or condemn her for feeding my brother -in -laws ukulele addiction. Beyond that I wish her the very best. Thank you. Becky Kaiser, 913 Diamond Ave, South Bend — Kellirae has been a part of our extended family for many years before she even had children. Not only is she an accomplished musician, and obviously a wonderful business women, but she also has three extremely beautiful children. To do everything she does and to still do that is amazing. Pete Buttigieg, 107 W. North Shore Drive, South Bend— I just want to add my voice, and let the record reflect that South Bend is a better place because of Music Village because of Kellirae's efforts and all those that backed her. She really did make this possible. There is nothing more fun to see than someone take their idea, run with it and succeed. I think my favorite moment was running into her early on and asking her how it was going she said, "The only problem is I don't know how to run a non - profit." I asked what she was going to do about it, and she stated, "Oh, I'm going to figure it out." She clearly did, she kept learning, and kept growing as a successful social entrepreneur. She inspired others to learn and grow as musicians. We are very grateful as a city. One other thing, if you have not heard her sing, she has a remarkable talent. Thank you for recognizing this great part of our community. Dick Phiel, Oakbrook Drive, Granger, IN — Just wanted to say Jerry had this concept when he and I went into a jam session one afternoon. Then he took off to New Zealand for six (6) months. So I thought might step up and do something, and we had a wonderful time. I think one thing you have to keep in mind is that a city isn't just about work and taking out the garbage, but a place where people should have fun. That's what the Music Village is all about, bringing some energy and some fun downtown South Bend? We don't want it anywhere but downtown South Bend. So congratulations to everyone. There being no one present wishing to speak to the Council in opposition to this bill, Councilmember Mr. Gavin Ferlic made a motion to adopt by acclamation for Resolution 15 -55. Councilmember Derek Dieter seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS OF CITY OFFICES — MAYOR PETE BUTTIGIEG Mayor Pete Buttigieg: Thank you for the opportunity to visit with you concerning a few updates going on in our city. I am pleased to advise you that we have a new public servant, Dr. James 7 REGULAR MEETING JULY 13, 2015 Muller joining our community as our Chief of Staff. He is going to start in two (2) weeks from today on the 27 ". He is someone who has grown up in our community. He has spent the last two (2) years working in the United States Senate. I look forward to introducing him, as we wish Kathryn Roos well as she goes on to begin her studies at Harvard. First, as you may have seen in recent news coverage the initiative to address 1,000 vacant homes is on track to hit in November; of those 442 have been demolished, 125 are under contract, and 62 have been addressed with federal funds. The best number of them all, that exceeded our expectations, is that 332 houses were repaired. They were addressed not by being torn down but being repaired, thanks to the comprehensive collections process. The year one update on the Group Violence initiative: we saw a 31% drop in criminal assaulted gunshot victims in the city over that period. Now that isn't 100 %, so we don't get to sit back and rest easy. In cities that have applied this strategy successfully and those that haven't this is a critical period for locking in that strategy and early results in retaining what is working. We have real results in saving lives and keeping people out of jail through the intervention of law enforcement and social services as a true community effort. That would not have been possible with our leaders in the community. Feedback on SMART streets: on Lincoln Way West is nearly complete. We understand from feedback that the biking lanes are confusing. There will be biking icons painted in the lanes to clarify the difference between the bike lanes and buffer zone. Overall we are receiving great feedback on the sidewalk, streets, landscaping, and curbs. The traffic flow seems to be working quite well. I would like to thank the Council for your support on this initiative. In economic updates: since we are half -way through the year, we have seen $92.6 million in private investment and 586 new jobs announced; those counted are the ones that have gone through the public process not including any job creation that we will be discussing tonight, those will be in addition to the numbers quoted. We are seeing unemployment below 6 %, at 5.9% for the last month reported in May, which is down from 7.8 %, a quarter from a year ago. We still have our work cut out but we are seeing unemployment down to a level that we haven't seen in more than five (5) years and that is encouraging. We are positioning ourselves to compete in the Regional Cities initiative, championed by our governor. Some of our existing businesses have grown Lippert secured a six (6) year, $11 million contract, the company in the old AJ Wright building. We will begin to see more people go back to work on the south west side. AM General has secured a $372 million contract. We have seen at least 200 workers called, the plant is in Mishawaka, but many people who work there live here in South Bend. I had the opportunity this weekend to roll out the Veteran's Community Connections initiative. We were acknowledged by the Secretary of Defense at the National Associations of Counties meeting on Saturday as one (1) of three (3) communities in the country taking this approach. We think it is a chance to go beyond saying thank you for your service by activating a network of local volunteers who can help retiring and demobilizing members of the military. We think it fills a gap and I look forward to sharing more in the near fixture. Stay tuned for more job efforts for summer jobs for youth partnering with America's jobs for graduates. We have many challenges in front us, at the U.S. conference of Mayors, many were concerned about the escalating costs of the long -term control plan imposed by the EPA when it comes to our compliance with the Clean Water Act. I would like to thank Dr. Varner on the Utilities Committee and Dr. Ferlic for containing people in the community who are concerned about this issue too. We will continue to monitor and look for ways to save on the plan and open the door to a more affordable fixture. We had a presentation this morning to my cabinet on the issues of poverty on how we can make our decisions more intentional on the effect they have on low- income people. We are somewhere between 25 -30% poverty rate, when in reality we are closer to 50% of people. As for those living at an asset limited rate or in other words, the working poor. We are beginning to have our budget meetings, and will coordinate with the Council once we have our rough outlines in place. We are preparing for flat line revenues, we will have a tight year and looking to budget conservatively. So we will have some tough decisions to make but I'm confident with working together with the Council we will arrive at a balanced budget that reflects the priorities of our community. I welcome any questions from Council. Councilmember Davis, Jr. —Thank you so much for responding to my letter I sent regarding the grass cutting. The question I would like to ask, Lippert Components they have good numbers.is there a way the city can promote their job openings through a local temp agency versus one in Elkhart County? The conversations that I am having with workers from the local area is that they have to go to Elkhart County to sign up for the jobs, obviously travel then wait to see if they were successful. My second question is about the poverty issue, I want to extend an invitation if M REGULAR MEETING JULY 13, 2015 you would be willing to walk with me through the 2 °d District to look at some of the areas that are hit hard by poverty, joblessness... things that people suffer from in an impoverished state? Mayor Buttigieg responded thank you for the invitation, I look forward to it. On the first question I will have to look into that, as I am not familiar with the dynamics inside the company. But any time there is an opportunity to make sure jobs in South Bend easy for people who live here to get, that's positive. I would be very interested in exploring ways to support that. Councilmember Davis responded I think what happens is that people that get first take on those jobs are people in Elkhart County. As they are basing it out of Elkhart County and holding job fairs there for jobs here in South Bend. Per our tax abatement, it is supposed to support those here locally, not those driving in. I'm not against that but obviously there is an unemployment rate and 50% poverty rate that should lend more support here versus there. Mayor Buttigieg replied I'll be sure to look in to that. Councilmember Dr. Ferlic — Just two comments, I would like to congratulate you on the 1,000 homes in 1,000 days, what a great initiative that is for the community. Secondly, I would like to congratulate you on the code department, which I'm working closely with, how they are really cleaning up South Bend, making South Bend a first rate city. Thank you for those two programs. Councilmember Dieter — Two questions, in regards to the bike event, I know your former chief of staff is working on some type of event ordinance, as we talked about that before was she still looking into that? Mayor Buttigieg responded, the issue there is we have seen an increase in events, which is a nice problem to have but is becoming harder to accommodate them from a Public Works and Public Safety prospective. So we try to work with the organizers to get a realistic plan as our folks have certain requirements. So yes, our Chief of Staff is developing that in partnership with the police and public works, that is ongoing and certainly we won't let that drop. Councilmember Dieter asked, who is the new person or will Brian be the lead on that? Mayor Buttigieg replied Brian will be tracking that, then we will circle back and decide how to staff that moving forward. Councilmember Dieter stated my second question, I sent an email due to the extent of people here tonight to express their concerns about the invasion of people with signs. We did a short presentation about the statue regarding that. Do you plan on conferring with the Chief or do you have any plans to look into that? Mayor Buttigieg responded I will be discussing that with the Chief. The law restrains us on what we can do but also gives us the tools and we want to continue to use those tools that we have to make sure the streets of our city look and feel safe. Councilmember White — Thank you for your report. Mayor Pete — I should probably say one thing as we have a lot of people in the room. What I love about this city is that we have ways to be vigorous about the way we feel about things without being vicious, we have ways to be passionate without being personal, and we have ways to be different without being divided. What I love about this city any time something or someone has threatened to divide us, one against the other; our city has resisted that and have come out united. As we are all fundamentally into this together. I just thought it was important enough to say that. Thank you so much for your time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:48 p.m. Council President Tim Scott requested a motion to resolve into the Committee of the Whole. So moved by Councilmember Oliver Davis. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2 -11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS 0 REGULAR MEETING JULY 13, 2015 18 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20, ARTICLE 13 OF THE SOUTH BEND MUNICIPAL CODE BY AMENDING AND ESTABLISHING CITY —WIDE REGULATIONS BANNING THE USE OF ALL HAND —HELD ELECTRONIC COMMUNICATION DEVICES WHILE DRIVING, AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS Councilmember Derek Dieter made a motion to continue bill 18 -15 indefinitely. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. 26 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, SECTIONS 16 -6 AND 16 -8 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST FEES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOLID WASTE) MATERIALS Councilmember Derek Dieter made a motion to continue bill 26 -15 to July 27"', 2015 as requested by the petitioner. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes 33 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS AMBULANCE /MEDICAL SERVICE FEES Councilmember Derek Dieter Chairperson, Health & Public Safety Committee, reported that they met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Petitioner: Steven Cox, South Bend Fire Chief, Offices 1222 S. Michigan St., South Bend — Ladies and gentleman the bill for you is a summation of the recommendation by the Fire Chief that is required by city ordinance as an annual report regarding ambulance fees. The increase that we are recommending is based off the Medicare ambulance fees schedule that is published every year. It shows a modest increase in the ambulance user fees. It allows our department to maximize the amount of money that we get reimbursed by the federal government by insurance companies as we provide ambulance services. 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 being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Derek Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Valerie Schey seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember White requested a motion to rise and report to full Council. So moved by Councilmember Oliver Davis. Councilmember Derek Dieter seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: John Voorde, City Clerk REGULAR MEETING RECONVENED 10 ATTEST: Karen L. White, Chairperson Committee of the Whole REGULAR MEETING JULY 13, 2015 Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:52 p.m. Council President Tim Scott, presided with nine (9) members present. BILLS - THIRD READING BILL NO. 33 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS AMBULANCE /MEDICAL SERVICE FEES This bill had third reading. Councilmember Karen White made a move for passage of bill 33 -15 as amended. Councilmember Derek Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS 54:54 15 -56 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 122 CALLANDER ST. SOUTH BEND, IN 46614 AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR JSK DEVELOPMENT, INC. /IRELAND HOSPITALITY, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 122 Callander St., South Bend, IN 46614 and which is more particularly described as follows: Key Number 023 - 1035 -1759 — Lots 1 &2 & NI/2 Vac Callender St S & Adj N Pt SW E of Hwy 029/10 Vac Ord 9885 -08 Key Number 023 - 1035 -1760 — 74.48 x 179.15' Beg 430'S Ireland Rd & E Line US 31 Ex W 10' to State & NI/2 Vac Callender St S & Adj 09/10 Vac Ord 9885 -08 Key Number 023 - 1035 -1761— 60 x 135' On Callander E of US 31 & N'' /z Vac Callender S & Adj 09/10 Vac Ord 9885 -08 Key Number 023 - 1035 -1767 — 110 x 141.32' Beg 420.17' E of E Line US 31 & S1 /2 Vac Callender St N & Adj 09/10 Vac Ord 9885 -08 Key Number 023 - 1035 -1768 — Irr Tr Beg 174.94' E & 673.04' S of Inter Us 31 & E & W CIL &S1 /2 Vac Callender St N & Adj Key Number 023 - 1035 -1769 — Irr Tr 118.25'E Side US 31 Beg 673.04' S of Ireland CIL & S1 /2 Vac Callender St N & Adj and which has Key Numbers listed above be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and 11 REGULAR MEETING JULY 13, 2015 WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted a real property tax deduction for a period of (6) six years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council Presenter: Chris Fielding, 14" Floor Dept. of Community Investment — Before you have the confirming resolution for JSK Development. They are proposing to build a $6 million Holiday Inn Express on Ireland and Michigan. They requested a six (6) year tax abatement real property tax. They are committed to creating 14 jobs. Total taxes paid are $1,000,310. This is a win for our community as it will be a contributor to the hotel /motel tax fund which supports our public venues that we have here in the city. Bernie Feeney is here to answer any questions that you may have. Petitioner: Bernie Feeney, 715 S. Michigan St., South Bend— As Chris mentioned JSK is developing a Holiday Inn Express that will hire 14 new full -time and part-time employees at the location. This location is along Michigan Street in front of the old K -Mart at the south gateway to the city. Amenities at this site include free parking, free breakfast, pool, fitness room, and conference room in addition to the rooms that they have. You are dealing with developers that have experience in this aspect. They are already developers of three (3) hotels in Elkhart County, three hotels in St. Joseph County, one (1) in Roseland, and one (1) in Schererville. This is not a hobby for them, this is what they do and they are very good at it. If you have any questions I would be more than happy to answer them. Councilmember Dieter —They don't own the property behind K -Mart do they? Petitioner responded no sir they don't just the property right on Michigan Street. 12 REGULAR MEETING JULY 13, 2015 Councilmember Davis Jr. —This question is for Chris, is this particular property within a TIF area? Chris Fielding answered yes it is, however there is no tiff investment for this project. Councilmember Davis Jr. replied my concern is all new developments are happening in TIF areas. That puts us in a vulnerable position when we are talking about our budget and growing the tax base in the city. That is a different conversation from today, that's why I asked. 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 being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Derek Dieter made a motion to adopt resolution 15 -56. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 -57 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 824 N. ST. PETER STREET SOUTH BEND, IN 46617 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JEFFREY AND MARIE SPOONHOWER WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 824 N. St. Peter Street, South Bend, Indiana 46617 and which is more particularly described as follows: THAT PART OF THE SOUTHEAST QUARTER, SECTION 1, TOWNSHIP 37 NORTH, RANGE 1 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS LOT "2" AS SHOWN ON THE PLAT OF "SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL, FIRST MINO SUBDIVISION" RECORDED MARCH 20', 2014 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDED AS INSTRUMENT NO. 1406256 SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine thatthe area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sec., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as 13 REGULAR MEETING follows: JULY 13, 2015 SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code 14 REGULAR MEETING JULY 13, 2015 standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted a real property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 15 -57 to the full Council favorably. Presenter: Brock Zeeb, Department of Community Investment, Offices on the 14" floor — Before you is a residential real property tax abatement for Jeffrey and Marie Spoonhower. They propose to build a $300,000 home on St. Peter's Street just south of Notre Dame. The project is a single family home. The new taxes created over the five (5) year period are $50,441. The 15 REGULAR MEETING JULY 13, 2015 estimated taxes to be abated over the five (5) year period are $2,142. The total taxes to be paid over the five (5) year period are $13,299. The petitioner is here to answer any questions that you may have. Petitioner: Jeffrey Spoonhower, 1106 Stanfield Street, South Bend — Thank you for allowing me to speak. 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 being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Derek Dieter made a motion to adopt resolution 15 -57. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 -58 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS THE SOUTHEAST CORNER OF ADAMS RD AND DYLAN DR. SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (8) EIGHT YEAR REAL PROPERTY TAX ABATEMENT FOR GLC PORTAGE PRAIRIE LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as southeast comer of Adams Rd and Dylan Dr, South Bend, IN 46628 and which is more particularly described as: Nw 1/4 Sec 17 -38 -2E Ex Irr Tract Nw Cor & Ex 1.717 Ac to State & Ex 7 Ac +- for N/S Rd & Ex 10.5 Ac +- Parcel 800' N of S Line & E of N/S Rd 06/07 Split to 014601 & 014602 16442CWD 1 -19 -06 Annxd 06 -07 per Ord #9587 -05 Split off 10.073 ac 07 -08 for Ptg Prairie Minor pt of Lot 1& 09/10 7.413ac to Ptg Prairie Minor #2 & 10/11 8.15 ac to Ptg Prairie Minor #3 and which has Key Number 025- 1009 -0146 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 16 REGULAR MEETING JULY 13, 2015 SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. 17 REGULAR MEETING JULY 13, 2015 SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of eight (8) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council 15 -59 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AND RECOMMENDING A PROPOSED MASTER LEASE BETWEEN GLC PORTAGE PRAIRIE LLC AS LESSOR AND THE SOUTH BEND REDEVELOPMENT COMMISSION AS LESSEE A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND RECOMMENDING A PROPOSED MASTER LEASE BETWEEN GLC PORTAGE PRAIRIE, LLC, AS LESSOR, AND THE SOUTH BEND REDEVELOPMENT COMMISSION, AS LESSEE WHEREAS, the South Bend Redevelopment Commission (the "Commission "), the governing body of the South Bend Department of Redevelopment, exists and operates under the provisions of Indiana Code 36 -7 -14, as amended from time to time (the "Act "); and WHEREAS, pursuant to the Act, the Commission has previously designated and declared an area in the City of South Bend, Indiana (the "City "), known as the River West Development Area, to be an economic development area and an allocation area (the "Area ") for the purpose of collecting tax increment finance revenues, adopted an economic development plan for the Area, and established an allocation fund for the Area; and WHEREAS, the Commission has received a proposal to enter into a master lease agreement (the "Master Lease" attached hereto as Exhibit A) with GLC Portage Prairie, LLC (the "Developer ") by which the Commission would contribute to the construction and marketing of a speculative commercial/bulk distribution facility of approximately two hundred thousand (200,000) leasable square feet of space in the development known as Ameriplex at Interstate 80/90 (the "Project "), which Project is to be located in the Area and is intended to enhance the City's ability to attract and retain businesses by providing move -in ready options for prospective business tenants for commercial and/or distribution uses; and WHEREAS, the Commission seeks the Common Council's approval and recommendation of the Master Lease pursuant to Section 2.5 of the Act; and WHEREAS, the Common Council desires to approve the Master Lease, pursuant to Section 2.5 of the Act. Im REGULAR MEETING JULY 13, 2015 THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby approves the Master Lease, pursuant to Section 2.5 of the Act, in substantially the form provided at this meeting and attached hereto as Exhibit A subject to the following express limitations: (a) the term of the Master Lease may not exceed sixty (60) months; and (b) the total consideration paid by the Commission under the Master Lease may not exceed One Million Six Hundred Seventy -Four Thousand Dollars ($1,674,000). SECTION II. This Resolution shall be in full force and effect from and after the time it has been adopted by the Common Council, approved by the Mayor, and otherwise executed and delivered in accordance with any and all laws pertaining thereto. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council 15 -62 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE DISPOSITION OF REAL PROPERTY LOCATED AT 51190 MAYFLOWER ROAD AND 51270 MAYFLOWER ROAD SOUTH BEND, INDIANA WHEREAS, the City of South Bend, Indiana ( "City "), acting through its Board of Public Works ('Board ") held a public hearing on June 23, 2015 regarding the sale of property located at 51190 Mayflower Road and 51270 Mayflower Road, South Bend, Indiana (collectively the "Property"); and WHEREAS, the public, during the public hearing held by the Board on June 23, 2015, was unanimous in its support of the proposed sale of the Property; and WHEREAS, upon conclusion of the public hearing, the Board passed Resolution No. 32 -2015 supporting the proposed sale of the Property and seeking approval from the City's Executive consistent with the requirements of IC 36- 1 -11 -3; and WHEREAS, the Common Council of the City of South Bend, Indiana, has determined that the City no longer has a need for the Property; and WHEREAS, the Common Council of the City of South Bend, Indiana, believes that the sale of the Property is in the best interests of the City of South Bend and its residents; and WHEREAS, the Common Council of the City of South Bend, Indiana, has determined thatthe Board of Public Works of the City of South Bend, Indiana is the appropriate entity to dispose of the Property pursuant to the terms of Ind. Code 36- 1- 11 -4.2. 19 REGULAR MEETING JULY 13, 2015 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The sale of property located at 51190 and 51270 Mayflower Road, South Bend, Indiana is in the best interests of the City of South Bend, Indiana, and the South Bend Common Council hereby authorizes the Board of Public Works to take any and all lawful steps necessary to dispose of the Property pursuant to and in accordance with the terms of Ind. Code 36- 1- 11 -4.2. Section II. The Common Council hereby designates and confirms the following persons to execute and accept, and to witness the execution and acceptance, respectively, those documents necessary for the consummation of the transaction contemplated by this Resolution. Party to Execute Documents: Gary Gilot, President Board of Public Works Party to Attest to the Execution of Documents: Linda Martin, Clerk Board of Public Works Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member. Common Council Councilmember Mr. Gavin Ferlic made a motion to combine bills 15 -58, 15 -59, & 15 -62 together for purposes of public hearing. Councilmember Derek Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send these three (3) bills to the full Council favorably. Presenter: Chris Fielding, 14" Floor Dept. of Community Investment — First I would like to thank Kathy Cekanski- Farrand for helping assisting in this. As this was the first time going down this path as an economic development tool and she was a great help. Thank you Kathy. Before you, you have a multi- faceted development project where we request a favorable recommendation for the Redevelopment Commission for a development agreement and a master lease that will be taking place on Thursday. That master lease will allow us to partner with Great Lakes Capital to allow us to build a 200,000 sq. ft. spec building on Ameriplex on lot no. 7 approximately a 22 acre site. The second part is a tax abatement on that building as the city's redevelopment commission will be entering into a master lease for five (5) years. It only makes sense to number one (1) that we don't pay taxes and number two (2) that the tax abatement will already be in place to attract tenants to the building so the abatement can already be in place. Upon approval of the building the period for the tax abatement is an eight (8) to ten (10) year tax abatement. The total taxes that they would pay on that would be $1,157,000. Total taxes to be abated would be $734,000. On the master lease for the incentive package is a maximum out of pocket for the Redevelopment Commission tiff funding of $1,674,000 over a of five (5) year period, if the building is not leased. We have every belief in our efforts that the building will be leased within 12 -24 months. Our goal is to be leased before the building is done. 20 REGULAR MEETING JULY 13, 2015 Councilmember Davis Jr. — Can you repeat that again about the amount of time that they are looking for to leasing and what happens if it doesn't lease? Chris Fielding responded the redevelopment commission would enter in to a five (5) year lease which would be declining. So they would pay 100% of the rent the first year then it would decrease 20% every year up to five (5) years. In the sake of the rent we would start at $2.79 per sq. foot which is noted on the schedule, which would be a great distribution building. In the fifth year we would be paying $0.56 cents sq. ft. on the building. We would feel like we created a deal where there is enough incentive for the developer that they are not making any money on the deal until they get a third party tenant into the building but it also allows us to have a building to attract new businesses, which is one of biggest challenges in the community right now. We also have the petitioners here if you have any questions. Petitioner: Richard Deal, Barnes & Thornburg 100 N. Michigan St., South Bend— I am pleased to be joined with Jeremy McClements from Bradley Company who is assisting GLC Portage Prairie with building projections and market research study for this project as well. As Chris shared two resolutions from GLS Portage Prairie perspective first approval for a Master Lease and second designation of the comer of Dylan Drive and Adams Road as economic revitalization area as purposes of tax abatement. As the Council is well aware, the core aspect of this comes from encouragement from the Indiana Economic Development Corporation, the state, as well as success stories through the state supporting private /public partnerships to build spec buildings to attract tenants to our community who might otherwise be ranking us to go elsewhere. The proposed master lease with your approval tonight is a gross lease. The rent would be paid solely on unoccupied space which is our total gross amount. There is no flow through expenses for maintenance, taxes, repairs, insurance or otherwise. As Chris mentioned the obligation for the lease rate declines 20% per year over the five (5) year period and would only apply to the unoccupied space. We think that this master lease with the abatement is an ideal tool to create an incentive that is attractive not only as a spec building but beneficial to the tenants that choose this as a home for potential growth. We appreciate your support and will answer any questions that you may have. Councilmember Davis Jr. — I go back to my initial question, what is the requirement to filling the building, is there a requirement for filling the building? Petition Richard Deahl responded there is not a requirement. The lease is the master lease, where the developer would master lease this to the Redevelopment Commission with the incentive being to get a tenant as soon as possible. As the project is upside down until that happens. The projections are with the master lease in place and construction under way, this would enable the city to help support this effort and the developer to market the space to aim for pre - leases during construction. The expectations is to have the building fully occupied within 24 months of completion. Councilmember Davis, Jr. replied thank you for that, and I am going to go back to my initial question. We understand the city of South Bend is great on location and infrastructure, that we are prime for a distribution hub. Our airport blends that ability as well as with the federal foreign trade zone. With that being said, why is it so important for the city to get into a lease agreement such as this when the dynamics suggest that it would be a win anyway? Chris Fielding responded we know it's going to be a win. The hardest part for the city and the developers are that banks aren't that confident in speculative building in any market in the country right now, when you need a credit tenant lease. We become that credit tentative lease, the bank was willing to loan their money to Great Lakes Capital, they prefer a ten (10) year lease but we negotiated a five (5) year master lease and those things were acceptable. It is not a matter of the Redevelopment Commission needs to step in because South Bend is not a hot market but it is a matter of getting the banks engaged. That's not a South Bend issue that's a national issue. I also want to point out on your first question, we built into the master lease that the Great Lakes Capital will no longer be allowed to build any custom built suites for another company or move another company into an additional building until they justify why the tenant would not be appropriate for this spec. The motivation is built in to get this building filled and get our lease canceled. Councilmember Davis Jr. inquired what devices are being used to attract these employers to this building. The reason why I ask this as there is a number of buildings that are in that area that haven't been filled in a number of years and are still not filled because they too large. What are we doing? Chris Fielding replied there is 2,400,000 sq. ft. available in the community right now of that 1,000,000 of that is the former AM General plant on the south side. The challenge with that is that distributors do not want low ceilings below 30 foot. Councilmember Davis stated there was another spec building off of 21 REGULAR MEETING JULY 13, 2015 Dylan drive, is this the same building? Jeremy McClements, 1349 Belmont Ave, South Bend — stated all those buildings off Dylan Dr. are occupied just a low number of employees there. Chris Fielding showed a diagram of the landscape as well as highlighted the building areas and those occupied. Councilmember Davis stated the question is how long did it take for those buildings to be filling and what devices are be using to attract businesses and who is in charge of that? Chris Fielding answered the Economic Redevelopment Commission is in charge of it. We are replying to every lead that we will now be eligible for the IDC. Right now we are not eligible and 70 to 80 prospects usually request them. We will begin to respond to those leads once we have a signed construction agreement and is under construction. We rely on our partnership with Regina Ember-ton, she handles the site selection for the seven (7) county region. She is excited to market this building as this is how they make their money. Councilmember Davis Jr. I'm glad and thank you Chris for you knowledge. I'm not challenging you Chris. I just want to make sure I'm clear on the deal, how it works, and how it benefits later. Chris Fielding stated one last thing this is the slide we always promise, he illustrated they expect 20 new jobs and approximately $3 million of personal property to go into the building. In the event we pay the first two (2) years with tiff funding of $1 million, we would still have a return on investment within seven (7) years. This is within the TIE district. Council President Tim Scott — Correct me if I'm wrong, there are no buildings within Elkhart County or in the area that have roof space higher than 20 ft.? Jeremy McClements state there is one (1) building in South Bend that is 24 ft. of 100,000 sq. ft. that is one (1) of two (2) buildings in St. Joe County that are over 100,000 sq. ft. Councilmember Scott inquired so there is a very high demand for this type of building? Mr. McClements replied yes there is a very high demand for this type of building. Councilmember Davis — What is the key issue that makes this building a high demand? McClements answered the key issues is mainly the economy has approved quite a bit especially on the manufacturing and industrial side of things. We make a lot of different things here like RVs. Financing is not easy to get on spec buildings, which makes the real demand on 75,000 sq. ft. and above. Of that only six (6) are in the county so we have companies going to other cities like Indianapolis or Chicago. That's what we are competing against right now. Councilmember Davis replied so we are depending on the credibility of the city to be that anchor for the banks? Mr. McClements stated absolutely that is a big factor. Another thing to point out is this is a 200,000 sq. ft. building that we plan to expand to 400,000 sq. ft. The idea is that this will expand pretty dramatically over the years to come. Thank you. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to these bills, Councilmember Mr. Gavin Ferlic made a motion to adopt resolution 15 -58. Councilmember Karen White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Mr. Gavin Ferlic made a motion to adopt resolution 15 -59. Councilmember Karen White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Mr. Gavin Ferlic made a motion to adopt resolution 15 -62. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 -60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ACCEPTING AND CONFIRMING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION DETERMINING THAT THE TAX INCREMENT FOR ERSKINE VILLAGE TO BE COLLECTED IN THE YEAR 2016 MAY BE ALLOCATED TO THE RESPECTIVE TAXING UNITS AND OTHER RELATED MATTERS 22 REGULAR MEETING JULY 13, 2015 Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 15 -60 to the full Council favorably. Presenter: Brock Zeeb, Department of Community Investment, Offices on the 14" floor — Before you is a resolution requesting that the council approve the release of the tax increment for the south side development area three (3) back to the other taxing units. Those other taxing units would be the city general fund, school corp., library, airport, transpo, and county. I can answer any questions that you may have. Councilmember Oliver Davis — How soon will that action take place? Brock Zeeb replied that will be the 2016 increment. We did this last year in the 2015 increment so we didn't collect it. So the first payment for 2016 will come in June that will go to the other taxing units. The last payment will come in December and we won't collect that one either. 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 being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Derek Dieter made a motion to adopt resolution 15 -60. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 -61 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING OF THE ISSUANCE OF LEASE RENTAL REVENUE REFUNDING BONDS BY THE SOUTH BEND REDEVELOPMENT AUTHORITY FOR THE PURPOSE OF ADVANCE REFUNDING THE REDEVELOPMENT AUTHORITY S LEASE RENTAL REVENUE BONDS OF 2008 EDDY STREET COMMONS PROJECT AND REGARDING CERTAIN RELATED MATTERS WHEREAS, the Common Council ( "Common Council ") of the City of South Bend, Indiana (the "City ") at its meeting on December 10, 2007, adopted Ordinance No. 9814 -07, approving a lease (the "Lease ") between the South Bend Redevelopment Authority (the "Authority ") and the South Bend Redevelopment Commission (the "Commission ") for certain local public improvements now located in the River East Development Area (formerly known as the Northeast Neighborhood Development Area) including, without limitation: (i) a parking garage structure; the reconstruction and /or the extension of Eddy, Burns, Georgiana, Duey, and Napoleon Streets; the upgrading and replacement of water mains, sanitary and storm sewers and site preparation; the extension and upgrading of electrical, telephone and high speed internet services; other related services including, without limitation, engineering and geotechnical testing; and related improvements (collectively, the "Project "); and WHEREAS, the Authority previously issued its Lease Rental Revenue Bonds of 2008 (Eddy Street Commons Project) in the aggregate principal amount of Thirty -six Million and 00 /100 Dollars ($36,000,000.00) (the "Prior Bonds "), for the purpose of financing a portion of the costs of the Project and the costs of issuance of the Prior Bonds; and WHEREAS, the Authority has adopted Resolution No. 195 at a meeting held on June 26, 2015, determining to proceed with the advance refunding of the Prior Bonds with the issuance of its lease rental revenue refunding bonds (the "Refunding Bonds ") forthe purpose of reducing rental payments paid by the Commission under the Lease to effect a savings, subject to approval of the issuance of the Refunding Bonds by this Common Council; and WHEREAS, the Commission has adopted Resolution No. 3298 at a meeting held on June 25, 2015, approving of the issuance of the Refunding Bonds by the Authority and determining to maintain 23 REGULAR MEETING JULY 13, 2015 the funds and accounts previously created for the payment of the rental payments due under the Lease; and WHEREAS, in conjunction with the issuance of the Refunding Bonds, the Authority and the Commission would enter into an addendum to the Lease (the "Addendum ") in order to reduce rental payments paid by the Commission under the Lease to correspond to the savings achieved through the issuance of Refunding Bonds; and WHEREAS, the Common Council desires to approve the Authority proceeding to issue the Refunding Bonds and the Authority and the Commission entering into the Addendum, pursuant to Indiana Code 36 -7- 14.5 -13, for the purpose of reducing the lease rentals payable under the Lease following the issuance of the Refunding Bonds; THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby approves the issuance by the Authority of the Refunding Bonds in the aggregate principal amount not to exceed $37,350,000 for the purpose of advance refunding the Prior Bonds in order to reduce the amount of the lease rentals payable under the Lease by the Commission, provided that the Authority shall issue the Refunding Bonds only in the event that the refunding results in a net present value savings of at least One Million and 00 /100 Dollars ($1,000,000.00). The maximum interest rate on the Refunding Bonds shall not exceed five percent (5.0 %) and the final payment on the Refunding Bonds shall be not later than February 15, 2033 (the same final payment date of the Prior Bonds). The Refunding Bonds shall be subject to optional and mandatory sinking fund redemption as set forth in the Bond Resolution. SECTION II. The Common Council hereby approves of the Authority and the Commission entering into the Addendum, pursuant to Indiana Code 36 -7- 14.5 -13, following the sale of the Refunding Bonds for the purpose of reducing the rentals due under the Lease. SECTION III. This Resolution shall be in full force and effect from and after the time it has been adopted by the Common Council, approved bythe Mayor, and otherwise executed and delivered in accordance with any and all laws pertaining thereto. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council Councilmember Gavin Ferlic, Chairperson, Community Investment Committee met this afternoon and send bill 15 -61 to the full Council favorably. Presenter: Brock Zeeb, Department of Community Investment, Offices on the 14" floor — Before you is a resolution proposed to refund the 2008 issued Eddy Street Commons bond. The net savings to the city over the 18 year life remaining on the bond will be $3 million. The anticipated refunding rate that we would receive would be 3.34 %. The current bond interest rate now is 5.796 %. I am here to answer any questions that you may have. 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 being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Mr. Gavin Ferlic made a motion to adopt resolution 15 -61. 24 REGULAR MEETING JULY 13, 2015 Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 -35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT A TALL GRASS /WEED ABATEMENT PILOT PROGRAM FOCUSING ON PROVIDING YOUTH WITH WORKING OPPORTUNITIES AND LIFE SKILLS TRAINING AND DEVELOPMENT BE IMPLEMENTED FOR THE SUMMER OF 2015 Substitute Bill No. 15 -35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT A TALL GRASS /WEED ABATEMENT PILOT PROGRAM FOCUSING ON PROVIDING YOUTH WITH WORKING OPPORTUNITIES AND LIFE SKILLS TRAINING AND DEVELOPMENT BE IMPLEMENTED FOR THE SUMMER OF 2015 6X" for the past several months, discussions have taken place with members of the City Administration on needed updates to improve the City's tall grass /weed regulations, with those regulations aimed at updating our local procedures are set forth in Substitute Bill No. 22 -15; and 6X" in light of the proposed updates which streamline local regulations and focus on the property owner who fails to comply with paying the costs, rather than passing the costs of enforcement to the average taxpayer, there is an opportunity to create a Pilot Program which may provide limited job opportunities for youth as well as youth mentoring skills this Summer; and 6)fi" a Pilot Program under the jurisdiction of the Department of Code Enforcement is potentially feasible to be in operation in mid -June through November 6, 2015; and 6X" the Department of Code Enforcement would work closely with the Law Department so that qualifying non pFefit eFganizations and LLCs who speeialize in life skills training and development a youth ages 14 yeaFs of age and 91deF Fnay have the eppei=tunity to leam to safely FnOw, tFiFn aAd FeFnBV debFis fFem City selected Incati n, ;. entities have the opportunity to provide youth mentorin6 skills and limited employment opportunities in assisting the City to abate environmental public nuisances. Each qualifying non ^F^"• aFganizatinn and I I C enbly meeting the standards set forth in the City's request for proposals would further be required to comply with: Federal, state and local laws governing youth employment • Proper required liability insurance and worker's compensation coverage • Proper thresholds requiring supervision of all youth who are participating • Proper youth training in all aspects in the proper use, maintenance of all equipment • Proper youth training in all aspects in the proper use of safety goggles, gloves and other required items for youth safety and overall public safety • Provide the Department of Code Enforcement with before and after photos of each property assigned to be cut on a daily basis where clean -up abatement services by the youth have been provided (A" information on the website for WorkOne Northern Indiana notes that "when you are young, getting a good job can be a tough process... successful job seekers foster an attitude of life -long learning"; and 6)fi" the Bureau of Labor Statistics (BLS) for the U.S. Department of Labor reported that last Summer "...unemployment among youth rose by 913,000 from April to July 2014 ... [with] the July 2014 labor force participation rate for 16 to 24 year old mean being 63.2 percent... "; and the Bureau of Labor Statistics for last Summer also reveal that youth employment rates were only 63.2 %for Whites, 56.2 %for Hispanics, 52.9 %for Blacks, 45.8 %for Asians leaving 3.4 million unemployed youth in July 2014 as reported in the August 13, 2014 BLS Economic News Release entitled "Employment and Unemployment Among Youth Summary". 25 REGULAR MEETING JULY 13, 2015 ,Alamff� a4la, Pilot Program for Grass/Weeds Abatement Resolution Page 2 Section I. The South Bend Common Council recognizes that in the publication Youth Unemployment Challenge and Solutions — What Business Can Do Now, the following factors were identified as to "Why Youth Fare Worse Than Adults" in the initial workforce entry: • "A lack of information, networks and connections among youth, especially youth from families lacking significant social capital. • A lack of skills relevant to the workplace. • A lack of experience and credentials that address employers' risk in making hiring commitments. • A lack of available jobs suited to entry-level skills ", Manpower Group, Youth Unemployment Challenge and Solutions, pp. 6 -7. Section II. The South Bend Common Council in collaboration with the City Administration recognize that: "Young people bring energy, talent and creativity to economies that no -one can afford to squander... What our young people do today will create the foundations for what our economies will do tomorrow", Youth Employment: A Global Goal, a National Challenge, ILO 2011; and "Companies need to 'lean forward,' take a calculated risk, and open their doors to inexperienced young job candidates... they need to engage their best employees as mentors to young talent', Manpower Group, Youth Unemployment Challenge and Solutions, pp. 27. Section III. The South Bend Common Council hereby authorizes and recommends that in collaboration with the City Administration that a Tall Grass/Weed Abatement Pilot Program focusing on providing youth with working opportunities and life skills training and development be implemented by the City of South Bend for the Summer of 2015, as consistent as possible with the guidelines set forth in the Resolution. Section IV. The Common Council further recommends that the Department of Code Enforcement and any other City Departments or agencies involved provide periodic updates on the program to the Council's Health and Public Safety Committee, with such updates suggested to take place in the months of July and November 2015. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, 1st District Council Member Karen L. White, Council Member at Large Dr .FredFerlic,41hDistrictCouncil Member ` ale 20/5 John Voorde, City Clerk Pete Buttigieg, Mayor of South Bend, Indiana 26 REGULAR MEETING (574) 235 -9321 5567 TFY/-rDD June 15, 2015 Members of the Common Council 4 1 Floor County -City Building South Bend, Indiana 46601 Re: Substitute Bill No. 15 -35 JULY 13, 2015 ,..yaoTy4.. ISO. a Common Council City of South Bend Indiana 4th Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9173 Facsimile (574)235- Tall Grass /Weed Abatement Pilot Program focusing on Providing Youth with Working Opportunities and Life Skills Training and Development Dear Council Members: The two (2) Bills pending before the Common Council addressing tall grass /weeds has generated much discussion, and has prompted many individuals to cut their grass who may have not done so in the past. The Substitute Bill changes the initial start of the program to the month of June, and adds Dr. Fred Ferlic as a sponsor to the Bill, and provides opportunities for businesses and organizations who include youth mentoring skills to participate in a Pilot Program. We look forward to discussing this proposal with you at the June 16`h Health and Public Safety Committee meeting. We seek your approval of the Substitute Bill at the June 22nd Common Council meeting. Thank you. Most sincerely, Tim Scott, 1" District Council Member South Bend Common Council Dr. Fred Ferlic, 4 1 District Council Member South Bend Common Council Attachment Karen L. White, Council Member at Large South Bend Common Council Randy Wilkerson, Department of Code Enforcement Executive Director 27 REGULAR MEETING JULY 13, 2015 Councilmember Karen White made a motion to accept the substitute version of bill 15 -35. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Derek Dieter, Chairperson, Health & Public Safety Committee met this afternoon and send bill 15 -35 to the full Council favorably. Presenter: President Tim Scott, Offices on the 4th floor City Council —This resolution deals with capacity for Code Enforcement to issue out to the Parks Department for grass cutting. We have two issues, tall grass in our city and an opportunity to allow companies that are mentoring kids with the equipment of cutting grass to come forward through the Board of Public Works to be able to cut grass. Currently the budget for code is $174,600 that they have allotted towards cutting grass. The only entity allowed to cut the grass is the Parks Department in the city. This would allow us to expand our capacity. With $174,600 that's over 400,000 times that we can cut grass in our city. If we follow the typical policy to cut lots five (5) times a year that would be 895 lots with that kind of money. What I would like us to do, as the Park's Department does a great job, for they have a responsibility for all the city properties on top of the properties in violation. What I propose with my co- sponsors Karen White and Dr. Fred Ferlic is to allow this to open up for bid to companies that mentor kids. So kids have the opportunity to have a summer job, earn some money, learn the about different businesses that are out there and solve our problem cutting grass. Did my Council colleagues want to add anything? Councilmember White — I would like to say this is one part of it, as it is a capacity issue. The other part is that this Council has asked for summer jobs for our youth. This is just a beginning, as it is pilot program so we will work to see how to implement it this year. The goal would be to expand upon that. Council President Scott concurred, correct this is just a pilot program so there is some work to do. Councilmember Dr. Ferlic — I would like to thank Karen White, Tim Scott, and our attorney Kathy Cekanski- Farrand. This is a very important ordinance, as this will really will help South Bend. I've been involved with a program like this in the 4" District. I have inner city youth helping me to mow lawns and we are really turning the 4" District around. It is ordinances like this that South Bend will become a 21' century city. So I would like to congratulate those involved. Councilmember Oliver Davis — What is your stance regarding capital improvements because the issue in code is capital improvements? If they hire 40 more people they won't have the equipment there as they haven't had any funding come through the capital which has not allowed them to be able to keep up with the cutting of the grass. We haven't added anything to that, so I think with all due respect I see this as more of a tiny band aid on a huge problem. I think this is more of a capital issue and we need to invest more of that. Council President Scott responded the capital and manpower that the Parks Department has is limited. They have taken on the code grass cutting for a long time and to me they are overwhelmed. This allows them to add capacity, have the capacity to allow them within their budget to allow for independent contractors and outside sources to be able to cut. The issue this year is that there has only been 34 dry days to allow for cutting. Right now they are only on their first cut, so if they're at capacity and they can't do it, then we want to bring on other labor forces that are able to. Councilmember Davis the last question is with the concept of having youth issues. When we have salaries at the range of $10 for young people, where we have a lot of grown people that are trying to support their families that are seasonal workers for South Bend that don't even come close to making $10/hr. What are your thoughts regarding this program with dealing with the morale of our own staff to give this money to teenagers but yet grown -up people are not getting this type of money? Council President Scott replied the companies that would come on it would be up to them to go through the process to bid on the lots to be cut. They have to go through the best practices and that might be the lowest bidder to successfully get those lots. What they do within their own company is up to them. Councilmember Oliver Davis stated so it is possible with dealing with that youth issue that seniors or people over the age of 18 will be discriminated against regarding age in this type of situation? They're after the youth right? So if someone has a cutting grass business in town and they're hiring 21 and 18 year olds or above then they're not going to get that type of credit because you said this is a youth program. Council President Scott stated the M REGULAR MEETING JULY 13, 2015 idea is to employ the youth which has been an issue. There is a list of three (3) companies that have come forward that have this type of a program that are employing youth and using at -risk youth to cut grass. It is a way for them to find a summer job. I cannot speak for them to say what the cut off is for the age range. The whole idea is this is a pilot program, it is designed to try to find our younger generation within our city some jobs. Councilmember Dr. Varner — Does it make sense to do nothing when what you have been doing hasn't worked? Council President Scott replied no. Councilmember Schey — With some of the questions that went back and forth regarding this issue in general with tall grass. Some of the data that was provided to us referred to the number of grass weed violations that have been abated. When we say it was abated was the issue resolved or was it cited? Council President Scott answered abated means that is has been resolved. It could mean on a one time basis, so that lawn could come up again later. Councilmember Schey my other question, I do understand this is a way to solve the problem. When you talk about funding these programs one of the issues we have is when different departments issue citations the revenues from those citations don't necessarily go back into those budgets. Would there be a way with the higher fees that we are now charging for the tall grass to direct those fines once their collected back into an air marked budget to support this effort? Council President Scott stated that is a good idea. I would have that conversation with Oliver Davis during the budget time to discuss that. Right now that seeps to the general fund and part of the general fund is to allocate where needed. But I know that has come up before Councilmember Davis Jr. — I appreciate the effort to rectify a huge issue concerning neighborhoods. I really appreciate that. My question now, is what is the criteria for hiring these at -risk youth, what is the criteria and who will be enforcing this criteria that is to be enforced? Council President Scott answered that is within different companies. We know of three (3) companies that have come before us. It is modeled on their business models they're doing right now. So you have Greater Impact, Turner & Sons Professional Services, Holiday Corp all have programs that are employing youth. I know from Greater Impact, being in the 1st District their program is not only for employment for cutting grass but designed to teach them on how a business works, how hiring practices are done, how it is to work, show up every day, to do peer reviews.. This is the criteria that has come before us. Councilmember Davis Jr. replied Tim, that is great but I don't want to get away from these two questions as that's all I get. What is the criteria? Is it youth that are between the ages of 14 -17 years old, single family home, unemployed, do they have to live in South Bend? I get what you're saying about their program but my judiciary responsibility is to make sure that we are spending money properly; so what is the criteria for the funds being allocated during the bidding process, and employing youth? As it has not been spelled out. Council President Scott responded you are right it has not been spelled out as it is a pilot program, so we are in the process of that. We have Chicago's RFP, and they've done the exact type of program. We have looked at best practices. The good things with Council input, Code input, and George King's department we will work to develop that RFP so it will work and list out those developments. The resolution here would give us the opportunity and this is where we want to see the opportunity go. Councilmember Davis, Jr. stated I applaud you for that. When we come before a council those are the questions that I'm looking for to be answered not that our youth needs job. My concern is who gets the job, is the job going to get done, and if the money was spent properly. My second question, I have is about the budget amount. His original budget amount was $193,500. The remaining amount currently is at $160,577. Last year when we passed the budget we were somewhere closer to $250,000 with the additional dollars coming from Redevelopment. None of these figures are the same from start to today currently; whether $20,000 off or $100,000 off can somebody nail down a precise number for us that is going to be used in order to employ whomever will do these jobs. Council President Scott stated Randy can speak to this more clearly. Randy, Director of Code Enforcement, 13' floor of this building, provided input, the budget for this year was $174,600 that we allotted for the grass ordinance. Councilmember Davis stated I'm just giving you the numbers that the Mayor gave me. Randy responded correct and I gave those numbers to the Mayor. Councilmember Davis insisted why are those number different and off by $20,000. Randy responded those numbers did not include our cuts from the budget from last year. 29 REGULAR MEETING JULY 13, 2015 Councilmember Dieter — Henry alluded that there is nothing written down now that says that you have to be 18 and under correct? (Council President Scott answered that is correct) So in theory the company can have people in their 20's. Again Henry is correct as that's where I had problems earlier. We'll get back to that later. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor of: Kory Lantz, 615 Cushing St., South Bend — I went to Bethel College, started an after school leadership and mentorship program. I've been working with the youth for now six (6) years. Through teaching in the classroom wasn't making the full impact that we were looking for. So we decided how can we give them life experiences? So we started a business called Greater Impact Lawn Care to teach them how to handle responsibilities and the necessary jobs skills that it takes to be successful. We hire nine (9) youth, eight (8) of them have never held a job before. We allow them to have a stepping stone for another jobs. If this passes we are in favor of it and would like to be a part of the bidding process. Jason Banicki- Critchlow, 3822 W. Ford St., South Bend— I am definitely one of the hardest hit districts by the uncut grass. I applaud you at looking at this innovative approach to solve this problem. I have one thing to say I wish that speaking on the last council meeting about the Mayor being here, well now he was here and then he left. We talked about Phil St. Clair being here to explain the Parks Department and what's the root cause, hopefully we can get those answers eventually as I do think this is something that the city needs to get these lawns cuts. This gives the youth the opportunity to be productive parts of society moving forward. Kathryn Schuth, 911 Leland Ave., South Bend— I am strongly supportive of this program. The dual benefit in my point of view is the youth program as a pilot program but also, as I live on the near northwest side, there is an increase in vacant properties. Which is coming from the success of the demolish properties, increasing in numbers that aren't being maintained by the city. It is not satisfactory when we hear the city is doing all that it can, when that is not enough. One of the benefits is a sense of accountability and going back to these companies to work. I hope that you consider it. Larry Turner, Turners & Sons Professional Services South Bend— We are in support of this. I have been working on projects over the last few years. We talk about not only the youth but the adults entering back in to the system from drug use and/or being incarcerated. We are not limited to just 15 -19 years old. But as we get older we use them to mentor our youth and guide them to avoid some of the pitfalls that happened to them. We are in favor as an entrepreneur we need to work to sustain our various programs that we have. We are not looking to get rich because we give back to the community. I'm also a product of earlier programs like this. This works two- fold, after the youth work and realize the efforts that they use to help the community improve they don't abuse it. I'm working with about 80 lots with various agencies on the near north side area and Heritage Foundation. Due to those agencies we get help with our youth, they help us, and we also help the community by aiding certain agencies to beautify the city. Your right this is a pilot program so we don't have all the answers. But it is a beginning a step to figure it out and involve others in the process. This is a win/win situation and we appreciate the opportunity if given a chance. Becky Kaiser, 913 Diamond Ave, South Bend — I am for this for a couple reasons. At least once a month we hear people to say what are we going to do about youth and crime. Then I hear others say that the youth have nothing to do as they can't get a job. From my understanding this is a resolution not an ordinance, this is our exploring devise to see what the feel of the community and the council is going forward. To figure out the criteria is a great idea. We have a need, we have a lot of young people with a need. I don't care if they make it $10. There will have to be older people involved as it will be a mentoring program. I am completely for this so that we can make it a program. 30 REGULAR MEETING JULY 13, 2015 Samuel Brown, 222 E. Navarre St., South Bend— I represent Citizens United for a Better Government. I like the program, but I think we need to go back to look it over to make sure that what we are trying to do, is what we're doing which is serving the youth. I've seen it with the houses, we started with the small contractors; then the big contractors came in and took out the small contractors. Let's bring some components in to make sure we are accomplishing is what we are trying to do. Jesse Davis, P.O. Box 10205, South Bend — I think the idea and the concept is great. I have a bit of a problem with who we're going to put this in the hands of with the direction of the board of Public Works or Parks Department who are failing to do their job right now. Half of the departments are under investigation, at this point. Is there anything written at this point that it will be youth, that the youth will be from South Bend, and who is going to govern the program to make sure the dollars are being spent properly. Right now we have $30,000 being paid out to mow the city cemetery; that is being handled by the Parks Departments son's mowing company. I don't like the idea that the governing person will be the board or Department of Public Works. I think if the council brings it forward, then you need to be able to oversee it. Daniel Mullas, 632 S. 28" St., South Bend— I think this sounds like an amazing program. You are bringing something to the kids during the summer. You are teaching them responsibility, and commitment to show up to work. They are going to be learning something that they can take with them in life. I see a lot of my union brothers and sisters that don't feel like coming in and just use their PA days, only if they had a program like this. This is what the city needs. Think about when you were a kid, knocking on the neighbors doors. This gives them something to do. Thank you council. Those wishing to speak in opposition to: Christian Sassano, 126 Napoleon St., South Bend— I struggle in coming up here on opposition to this, as I agree with what everyone said. We obviously have lawns that need to be cut. This does seem like a wonderful opportunity to employ our youth, however we are just hoping that happens. I hate to say it that the Holiday Corp is the one that has building the property for the 200,000 sq. ft. property. There will be conflict when it comes to the companies involved.. I will echo what they said, we need council's guidelines. Mr. Davis I understand your concern with $10/hr. but it is something designed for youth. Let's make sure this goes to youth. This seems like a great way to do it but let's just make sure that it goes to our youth. Thank you. Gina Fleming, 114 E. Tasher St., South Bend — I'm not going to say that I'm totally against it. think it is a wonderful program but as they all have said they need to tweak it. When I grew up they had a youth service bureau and South Bend has one, so they can go through that organization for them to employ. Rebuttal: President Scott this is a resolution not an ordinance and is not written in stone. The idea is to start the conversation and start the guidelines. I remember the simple mentor you had to get up at 6am in the morning, to go to work but now you have to get up and go to work every day. I think that's crucial and I think that's crucial right now. It is a double win you take care of an issue plus start the conversation with the youth. Yes, the RQ needs to be written, here is an opportunity for us to give guidelines to that. I have others that are willing to commit to the RQ with specific guidelines. We have to remember Parks does a great job, I think this is a capacity issue. This allows for us to add capacity. Randy has a budget and his job is to make sure that the grass under code violations are being taken care of. Parks Department are the ones that are cutting grass. Someone asked about RFP this would be the responsibility of Randy and he would oversee it to make sure it is done correctly. The other thing with Holiday Corp does have a program for just youth to give them jobs within the guidelines. The work with regards to the different corporations would be on a rotating basis if qualified for the bid, so fair for everybody. Councilmember Oliver Davis made a motion to overrule the five (5) minute time limit for comments made by Council. Councilmember Henry Davis, Jr. seconded the motion which was defeated by a roll call vote of two (2) ayes by Councilmember Henry Davis, Jr. and Councilmember Oliver Davis and seven (7) nays. 31 REGULAR MEETING JULY 13, 2015 Councilmember Davis, Jr. — Our issue is not our youth not having anything to do. Our issue is the adults that are in leadership are not paying attention to our kids that are invisible to us. The other issue is the Parks department and Code Enforcement can't handle, which is the biggest issue, we have had three (3) Code Enforcement directors in three (3) years how can this city do anything at a high level when leadership is constantly changing, nothing against Randy. Then we have a new code enforcer director in a high volume area, why would you put a rookie in an area that requires an all -star. Those things start from the top to the bottom. It is not about the youth component, I get the youth component. Over 50% of African American youth are unemployed that look like me, I get that. One (1) out of three (3) black males has a high chance of going to jail, I get that as well. If our kids and our youth are so important to us why can't every company that comes before us just like they come before us earlier today, have a standard on how things are going to be done that's if they are important. There is an opportunity right now to put in a standard. Put the standard in there. I would be more comfortable to vote with a criteria in place rather than just saying aye and hoping that it just might happen. My last point is that a request for quotes goes through the Mayor's office, if I'm correct. If there is a quote under the amount of $250,000 that means the request for quote can be subjected to whatever the Mayor's office thinks is the best quote. I could be wrong.... Council Attorney Kathy Cekanski- Farrand interjected Mr. Davis, at the committee meeting this afternoon we went over the process. Legally the council can only make recommendations that Mr. Wilkerson would be drafting according to the state law and title V. Councilmember Davis, Jr. asked so again in that case you get three (3) quotes, who gets to say yay or nay? Council attorney Kathy Cekanski- Farrand stated that upon all three (3) meeting the criteria set forth in the RFQ, then they will have them on a rotating basis. Upon completion of a job a picture will need to be taken of the before and after. Councilmember Davis responded so we still don't have any criteria on this and that's my concern. (Councilmember Schey stepped out of the meeting) Councilmember Dr. Ferlic —This isn't rocket scientist we have a great program to clean up our city. The only way to get people to move to South Bend is by cleaning up the lots and cleaning up the houses everyone wants to live in a well -kept neighborhood. I don't think we need the government involved in this. I ride around with my code officer every Thursday, he points out code violations and I call a couple kids and if there is a person there I ask if I can help you clean up your yard. I had an elderly neighbor pay $40 to clean up his yard and we had some neighborhood kids mow the yard; that was easily solved. Let's get a reality check, lets clean up South Bend, lets adopt a good mentoring program, and we can move South Bend forward. Let's not complicate it, this isn't' brain surgery. Again I compliment Karen White and Tim Scott. This is going to make a better South Bend and this is going to be better for our youth because our youth can do all of this. Councilmember Dr. Varner — I see this as a resolution intended to start a process which will give us an outcome. If the outcome isn't perfect, we will modify it. It is already July 13" and we are in the middle of the first round of cuts. If we keep talking about it, it will be September where we don't need to mow anymore and it will be an even bigger mess. I hear this from many people let's find a way to get something done and if it's not perfect the first time around let's improvement. Mr. Tim Scott's resolution is a way to get that started and we already know where the funding will come from so we don't have to argue about that. Councilmember Davis — First of all I don't believe this resolution is the reason why something has to get started. We make budgets and once it's gone the Mayor's administration can put together a program and do what they can to keep it within the law. What we are doing in this resolution is not funding or defunding it, it's something I call good political theatre. If they wanted to do this, they could have done this already. When we set up the budget it is ingenious. When they say we don't have a good budget, we don't have enough capital, but you initially came to us with the budget, so that's a problem. The criteria is not set and so you can have 25, 30, and 40 years old working it. You have to be very cautious about setting up jobs that are age specific, that are race specific, or gender based. You have to be very careful using federal money on how we set those up. I wish it was rocket science, then we would be a lot more cautious and logic- based. When you sit back and say we will just try it out and see what happens is not a great way to do business like that. That's not great judiciary responsibility, as it has gotten us 32 REGULAR MEETING JULY 13, 2015 into some lawsuits that we've done and then wonder why we get into lawsuits, oh that wasn't the right way to do it. Now we can do it correctly. Which leads us to the moral issues, if we have people who can go to these places and get $10/hr. Let's be very careful for setting salaries for our season workers and setting up a program based on two (2) companies already applying for this gives them the unfair advantage. If you set up a job based on someone's resume. Whoever has the resume has the greatest chance of getting the job, that's when we get into discriminatory issues in the past. Not everything in Chicago has worked, so we need to look at that too. I don't get caught up with the names of bigger cities as we do a lot of things right, right here in South Bend that Chicago needs to learn. For us to do this as a Council we have to make sure that we are doing this right. When we talk about grass let's look at some roots. So if the roots aren't' right then everything dies. (Councilmember Schey returned to the meeting) Councilmember Mr. Ferlic — I think this is great. Thank you for your work. Thank you Karen, thank you Dr. Ferlic, and thank you Tim. Councilmember White — I would like to say this is a resolution, like all of the resolutions that we have had, it is a beginning, and it is a conversation. Each councilmember has been invited to sit down and draw up the RFQs, again we would establish the guidelines, the process will be handled through the office of code. We do have a capacity issue and has been that way for years, since I've been on this council, we always talked about the needs for the yards to be cut. This is just one step to begin to address a bigger issue. I would hope that other councilmembers would work with other councilmembers to begin to establish what the standards would look like. It is an opportunity for us to work together to move forward and as Dr. Varner had indicated it will soon be August and we will be out of this particular season and we will be talking about the next issue which will be snow removal. Council President Scott —Thank you all for listening. I appreciate your comments. Councilmember Dieter —Thank you to the sponsors for this bill. It is very an interesting subject matter that a lot of people had input. Dr. Ferlic eludes that it is a program but it's not a program it's an idea. The issues that I have with the idea so far, who's going to be the person in charge as to what other councilmembers refer to as the criteria. If we are going to talk about the youth, again I know it's a resolution when I am asking people in committee meetings and people are pointing to different people. I am very concerned that once it gets out of our hands and it turns over to a different entity that we are out of the picture. Having rules in place, I can see half a dozen if not more companies that have come under the window of mentoring youth that have taken money that was supposed to go towards youth. I didn't see anything so far for when company A comes in. Are they going to guarantee that 70% of the money goes to the kids that are actually doing the work? Let's say we have a company that does great at cutting grass but there's no mentorship program or another company that does great at mentoring but terrible when it comes to grass cutting, they leave the sidewalk a mess and the trimmings out there. Are we looking for low - income kids, or parents that just want their kids to have something to do? That's the concern that I'm going to have. If this is a process like our attorney says once it's a resolution and it goes farther, it goes to a whole different department to run this, I want to make sure when we have the questions we are asking. I would be concerned having a young group of boys with a 16 year old girl cutting grass without any female leadership to make sure everything is ok. That is one of the questions, the intent. The idea, Dr. Ferlic, is awesome to get the lawns cut. But if we are talking about 895 lawns getting cut five (5) times that is very close to 5,000 cuts. Then if we are going to roll company a, b, and c, if the bidding process is such are we going with the lowest bidder are we going with everybody that bids. I want to support this and I probably will there are just a lot of questions that I have The community has the right to know, what's going. As I mentioned half a dozen entities that are supposed to help youth take 75% of funds for administration cost. So again I like the idea and I hope the process will be ongoing. But I am certainly leery of this moving 33 REGULAR MEETING JULY 13, 2015 forward, nothing against Randy. I don't know if we can have a councilmember to help run this. As that would be my concern. Councilmember Henry Davis, Jr. made a motion for approval of 15 -35 with a caveat of submitting a criteria to the council for this particular program. Councilmember Davis seconded the motion Council President Scott inquired can you define criteria, Councilmember Davis, Jr. stated youth programs involve what youth are included are they low income, beneficiaries of low- income housing that's what I am asking for to set criteria. Councilmember Dieter confirmed so you would like them to have a more defined criteria. Councilmember Dieter — So we have a motion and a second to pass this with criteria to go to the council for further discussion or to just go to the council? Councilmember Davis, Jr. responded well at that point it goes off to public works. Council President Scott — If this passes the way it's written right now. Three councilmembers would be a part of the writing of the RFQ in moving this word. As me sponsoring this I would champion getting criteria and specifications from you guys to make sure that it is written to move forward correctly kind of like what we did with Chronic Nuisance. Councilmember Henry Davis, Jr made a motion for approval of 15 -35 with a caveat of submitting a criteria to the council for this particular program. Councilmember Oliver Davis seconded the motion which was defeated by a roll call vote of four (4) ayes by Councilmember Henry Davis, Jr., Councilmember Valerie Schey, Councilmember Oliver Davis, and Derek Dieter and five (5) nays. Councilmember Mr. Gavin Ferlic made a motion to adopt resolution 15 -35. Councilmember Dr. David Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay by Councilmember Oliver Davis. 15 -63 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALER /RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2015 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/ JUNK DEALER/ RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2015 PURSUANT TO SECTION 4 -51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4 -51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on August 10, 2015 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: SMS Paul's Auto Yard, LLC —3300 S. Main Street Alternative Two LLC — 700 West Chippewa A -1 Auto Parts — 2014 S. Lafayette Blvd. Steve & Gene's — 3109 Gertrude OmniSource Corporation —7575 W. Jefferson Blvd. U.S. Scrap & Recycling —1420 S. Walnut St. 34 REGULAR MEETING JULY 13, 2015 have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2015. WHEREAS, the license applications for all above - referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: SMS Paul's Auto Yard, LLC —3300 S. Main Street Alternative Two LLC — 700 West Chippewa A -1 Auto Parts — 2014 S. Lafayette Blvd. Steve & Gene's — 3109 Gertrude OmniSource Corporation —7575 W. Jefferson Blvd. U.S. Scrap & Recycling —1420 S. Walnut St. Are approved in conformity with South Bend Municipal Code Section 4 -51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, and the Fire Prevention Bureau as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated August 10, 2015. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Member of the Common Council Councilmember Karen White, Chairperson, Personnel & Finance Committee met this afternoon and send bill 15 -63 to the full Council favorably. Presenter: John Voorde, City Clerk's Office — This is simply a follow -up on the issuance of licenses that you were asked to approve a month or so ago. Six (6) of these applications for permits were held up by the approval departments, those approvals have come through. All the criteria has been met, so our office is ready to issue these licenses upon your approval. 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 being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Derek Dieter made a motion to adopt resolution 15 -63. Councilmember Mr. Gavin Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 15 -64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THE CITY'S BOARD OF PUBLIC WORKS UPDATE ITS "SEWER INSURANCE PROGRAM POLICY" TO INCLUDE SUSPENSION PROVISIONS FOR ENTITIES DOING BUSINESS WITH THE CITY AND THAT REQUIRED REPORTING TO THE COMMON COUNCIL AND THE UTILITY COMMITTEE BE RESUMED IMMEDIATELY 35 REGULAR MEETING JULY 13, 2015 the Common Council of the City of South Bend, Indiana recognizes that on September 15, 1980, the Common Council passed Ordinance No. 6830 -80 which created a program to assist home owners when dealing with the potential costly repair of private sewer connections when they fail; and the Common Council further notes that over the years, this sewer insurance program has been a very important program which has helped protect the health and safety of the citizens of South Bend and has helped contribute to the efficient operation of the overall sewer system; and the Board of Public Works took over the responsibilities of the Board of Wastewater Commissioners when the Wastewater Board was terminated; and the reporting requirements of South Bend Municipal Code § 17 -64 to both the Council and the Council's Utility Committee remain in full force and effect; and the Council notes that such required reporting has lapsed; and the Council further notes that the Board of Public Works "Sewer Insurance Program Policy" which the Board approved on November 12, 2013, appears to be deficient in light of the fact that it references incorrect citations to the governing provisions of the South Bend Municipal Code and that the policy fails to include reasonable measures to ensure that all vendors are responsible in fulfilling their legal and contractual obligations when doing business with the City of South Bend under the Sewer Insurance Program; and the Common Council recognizes the both the federal government and municipalities in Indiana have included language addressing debarment (removing contractor eligibility for contracts for a fixed period of time) and suspension (removing eligibility for the duration of an investigation or litigation) as appropriate and reasonable business practices; and some examples at the federal level which authorize debarment and suspension include, but are not limited to: the Federal Acquisition Regulation (FAR) which govern contracting with executive branch agencies in order to "prevent improper dissipation of public funds" and provides in part for debarment or suspension for a "serious or compelling" cause; the Buy American Act (41 U.S. Code §8303); Clean Air Act (33 U.S. Code § 1368,. §7606); Davis - Bacon Act (40 U.S. Code §3144); and the Drug -Free Workplace Act (41 U.S. Code §8102); and Resolution Addressing Recommendations to the City Administration Page 2 the Common Council recommends that the Board of Public Works immediately consider updating its Sewer Insurance Program Policy which the Board approved on November 12, 2013, to allow for the suspension of any contractor who is suspected of violating any federal or state law, or whose activities may indicate a lack of business integrity which may seriously affect the responsibilities and duties of a contractor to the potential detriment of the City, under this Program; and the Common Council notes that the U.S. Congress have held many hearings on suspension and debarment in light of the "magnitude of federal spending on contracts and reports that agencies awarded contracts to vendors who previously allegedly engaged in misconduct "; and the Council has found that the City of Indianapolis utilizes in their "standard general conditions" provisions on debarment and suspension whereby a contractor doing business with the City certifies that neither the entity or its principals are "...presently debarred, suspended, 36 REGULAR MEETING JULY 13, 2015 proposed for debarment, declared ineligible, or voluntarily excluded from or ineligible for participation in any federal assistance program... "; requires the contractor "... not to subcontract with any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in and federal assistance program... "; and requires the contract to "...provide immediate notice .... if, at any time .... it is debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from or become ineligible for participation in any federal assistance program [with] such event being cause for termination... "; and by analogy, at the federal level, the Code of Federal Regulations provide in part in Subpart 9.402 Debarment, Suspension, and Ineligibility that sanctions such as suspension may "...be imposed only in the public interest for the Government's protection and not for purposes of punishment ", and that "agencies are encouraged to establish methods and procedures for coordinating their debarment or suspension actions" (Emphasis added). i << Section I. The South Bend Common Council believes that the City of South Bend has a duty and responsibility to protect and safeguard all public funds by the most efficient mechanisms possible, which include having reasonable practices, policies, procedures and standards for all governmental contracts. Section II. The Common Council further believes that in light of the amount of taxpayer monies spent on contracts, and the ongoing investigation of at least one contractor doing business with the Board of Public Works, that there is a need for the Board to immediately review and revise its Sewer Insurance Program Policy of November 12, 2013, in order to protect the public interest and regain the public trust. Section III. The Common Council therefore recommends that the Board of Public Works immediately review and update the Sewer Insurance Program's policies pursuant to all governing laws to ensure that contractors who fail to fulfill their legal or contractual obligations have their due process rights properly Resolution Addressing Recommendations to the City Administration Page 3 balanced against the greater good of protecting the public interests and public assets. The Council further believes that provisions addressing suspensions would help protect the integrity of City governmental programs by ensuring that only responsible persons and companies participate. The Council recommends that such review include, but not be limited to: 1. Developing policies and procedures which are transparent, which reflect best practices, which are regularly updated and filed with the Office of the City Clerk and posted on the City's website; and 2. Developing policies and procedures that an entity would be excluded or disqualified from bidding on, quoting on, or participating in a contract with the City of South Bend for a temporary period of time, pending the completion of an investigation or legal proceeding involving that entity; and 3. Developing policies and procedures which ensure that all contractors may be suspended during any period of time that there may be an ongoing investigation as to the contractor's practices or procedures; or an investigation of a contractor's alleged misconduct or ensuing legal proceedings; and 4. Developing policies and procedures which increase the information made available to contractors which better address their required responsibilities and duties; and 37 REGULAR MEETING JULY 13, 2015 that the City Administration collaborate with the Common Council in protecting the public interests by complying with South Bend Municipal Code § 17 -64 addressing `Bi- Annual Financial Statement and Report Required; Quarterly Report Filed with the Common Council's Utility Committee ". Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor Derek D. Dieter, Council Member at Large South Bend Common Council Vice - President Karen L. White, Council Member at Large Common Council Committee of the Whole Chairperson Tim Scott, Council Member at Large South Bend Common Council President 1gJk61t.• '° ° °eddus da�°� , —901,5 Office of the City Clerk Pete Buttigieg, Mayor of South Bend Councilmember Dr. David Varner, Chairperson, Utilities Committee met this afternoon and send bill 15 -64 to the full Council favorably. Presenter: Councilmember Derek Dieter— On June 22 °d, this council and committee meeting were informed by Eric Horvath, the Director of Public Works that the city does not have any policy regarding companies who are currently under investigation both criminal and civil. I think all Councilmembers in attendance were shocked that the policy did not exist. Therefore, this resolution, states to include suspension provisions for entities doing business within the city. At this time I believe the Public Works department and Eric Horvath through the board of Public Works has taken some of our suggestions. We still have not received the final draft, is that correct? Council Attorney Kathy Cekanski- Farrand commented the final draft was approved by the board last Thursday at an agenda session. So that is as final as it is right not. Councilmember Dieter continued, again this subject matter involves public trust. I find it unconscionable that there was no a policy when the city of South Bend is sending contracts and doing business with companies around South Bend. There was no background check or checks on companies who by admission of Mr. Horvath is now under investigation. The current company, so the Mayor did leave so we can't get an update on that. Who is representing the administration? Can you elude to the company that this was referred to? Are they under investigation by state police or the FBI? (Mayor Administrator responded we usually don't give that information out) Again to me that is a problem because this information was brought to us in spring of 2013. The council referred it to someone (I'm not blaming the people sitting here), for us and the taxpayers not to know if the state police or FBI is investigating we need to know that. Especially when the bid process happens at the Board of Works. Everybody in this room needs to know that, especially at this point with council. This is a revolution that started this process, once we formulate and get the final information I'm going to make the suggestion that not only goes to just entities regarding estimates for sewer work but it goes to every contract and bid that gets offers from South Bend. It is just beyond me of how that has existed over the years. That we don't know, and we don't check, or someone is investigating someone else. That is the purpose of this resolution and I hope to get support from this council. Councilmember Davis, Jr. — So Mr. Dieter you mean to tell me that if I apply for a job in the city of South Bend and do solid waste, I go through a background check and screen but if I bid on a contract for public dollars and am awarded it I am not investigated the same way although I'm 03 REGULAR MEETING JULY 13, 2015 still spending public dollars? Councilmember Dieter answered at this point I don't believe that is in the works, so as far as I know no. Councilmember Davis, Jr. responded I cannot fathom that. I run for public office I get background screens, go to try look for jobs I get background screened, I go into the department store to buy a pair of pants and the security is behind me background checking me. So I cannot understand for the life of me if someone is bidding on a $2 million dollar contract, there is no background screen. The second question that I have do we after passing this resolution, although there is criteria and standards and enforcement mechanisms that I'm not sure about, once this is passed how much say so do we have given the Board of Public Works and how they do their business? Councilmember Dieter responded in terms of them doing their business we don't have any say. Councilmember Davis Jr, inquired will the administration work with us on this, as this is an image problem? Councilmember Dieter responded the feedback that I got, and again this is not an adversarial thing, it's something and I'm not sure how this got overlooked over all these years. I think they are willing to work with the council. I'm going to make sure if this is adopted that there is a draft. Again the Board of Public Works they are their own entity. I would hope the integrity is there to adhere to what our recommendations are and loosely speaking I think they started that process but again the finale that you are eluding to it needs to be there. Councilmember Davis Jr. replied thank you sir. Councilmember Schey —There are a few that think this is just the beginning. I think there is a lot of areas that this can be expanded to covered. Is your vision that this is just kind of a first step? Councilmember Dieter answered yes ma'am. Councilmember Dr. Varner — I would like to ask our council attorney Cekanski- Farrand with regards, to the efforts of Public Works, and I think Mr. Horvath is a very sincere guy, as being well attended but may be attempt to preempt what may be a council option. I would like to ask our council attorney to review what takes place and get back to us with a memo regarding what has happened and what you see legally. The same thing as I recall the board of the public works is created by the council and we do it according to the rules of the state but at some point and time I would think that their oversight is inadequate with all the financial responsibilities we would have something to say. So I'm not sure that we are totally cut out of the picture. Council Attorney Cekanski- Farrand interjected Dr. Varner you are correct and furthermore one of the items that Dieter did not highlight is that your committee, the Utilities committee has oversight on the insurance program and is calling for immediate compliance with the city pope and monthly updates to your committee and bi- annual updates with regards to all the financials that are involved which are not currently being done. So that is another component to the deficit of Henry Davis, Jr. that this also call for immediate compliance. Councilmember Davis Jr. can I interject, is that only for the Utilities committee or is that for all laws? Council Attorney Kathy Cekanski- Farrand stated because this is dealing with the sewer insurance program it is limited to that. But in response to Councilmember Schey's question and Councilmember Dieter's presentation he is proposing that all contracts require certain criteria with regards to background checks or compliance. As there is certain federal requirements that are complied with now through the board of public works but you are looking for suspension possibilities for all contracts if there are both civil or criminal concern. Councilmember Dieter stated especially when they involve our own city. Council Attorney Kathy Cekanski- Farrand commented also at the committee meeting you can have different letters that can go out with material as to what we are looking at. Councilmember Davis Jr. responded I got the fullness of it Ms. Kathy I'm glad you interjected. If in fact that we have that type of oversight for the Utilities committee because this is a whole can of worms now, when you being to talk about federal projects and everything else with minority contracting, is it the same oversight there as well? Councilmember Dr. Varner — I think it is important we should have a review of what has transpired, and if we view what has transpired as inadequate I think another resolution or some discussions would be an order. Council Attorney Kathy Cekanski- Farrand interjected or we can have amendments added to the ordinance. Councilmember Oliver Davis — What is the remedy for situations where several incidences have not been followed already. Say we pass this and it is not followed what is the remedy for that? Council Attorney Kathy Cekanski- Farrand responded right now the approach of the three (3) sponsors of this bill is to collect collaboration with the city administration. We have brought it to 39 REGULAR MEETING JULY 13, 2015 their attention that they're in violation of the city code, we are asking them to immediately comply. Councilmember Davis then asked, what is the remedy if they do not comply? Council Attorney Kathy Cekanski- Farrand stated I think everyone in the city of South Bend wants to do good business. I think it is now displayed publicly, the public now knows. I think they will be in compliance. Councilmember Davis insisted, well then there is no list of remedies or things that can be done for the council. Council Attorney Cekanski- Farrand responded we are not going to penalize monetarily the administration as those are taxpayer's dollars that would be used for that. So again by working together we have set the standard and we expect that those standards will be met. Councilmember Davis Jr. — I'm confused again, as this is Oliver's question if in fact there is tea or no tea is it suggesting that we have the ability to not approve funds for a particular department if their bonds are out of compliance and not working with the council? Council Attorney Kathy Cekanski- Farrand replied past councils have done that. Councilmember Oliver Davis —Those kind of things we have to be very real with it. My objection to this other ordinance that we have, we can make all these resolutions that's nice and good. But the book of the power comes within the administration that comes down to the enforcement. Our job is to set the budget, my job is to make sure that it is there. So when it is there and they don't enforce it we need have to consider other penalties. If it means that a department is not following that through, then we have to look at that when it comes to budget season. Council Attorney Kathy Cekanski- Farrand there is a bill that is pending in the utilities committee that deals with this very ordinance until you get the responses that you want that are reasonable you can hold that up in committee. Councilmember Oliver Davis responded that is what I'm saying to you. There is nothing wrong with that, and it is not about us playing hardball. (Council Attorney Cekanski- Farrand interjected and it is not an abuse of power) That is not an abuse of power. But if there are better practices, I think when it comes to budget time that we stand firm that we are not going to hear this until this is done. Council President Tim Scott — I just wanted to interject quickly to Council Attorney that you understand the memo that Dr. Varner is requesting. (Council Attorney Cekanski- Farrand replied yes) This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those wishing to speak in favor of: Jesse Davis, P.O. Box 10205, South Bend —You knew I was going to come up here. Just to shed a little light, this actually started in 2010. When this particular contractor came rolling into town, the city claims now that they had no means to give this guy a boot to the curb. But in 2010 when this guy was brought to South Bend, he was hand fed work, they had no problem booting 8 -10 local contractors to the curb instantly for someone who had not done a job in the city of South Bend in five (5) years. So I'm not buying that we didn't have this in policy to get rid of this guy. I think it could have been done. I am in favor with this, I agree with Derek, when I read online what this is going to do. It does need to be expanded. There was a list on Public Works of ten (10) contractors that were in rotation, I was one of them. All of sudden, they brought another guy in to save money and threw the local guys to the curb to heed this guy all the money. In 2013, I discovered he was double dipping getting paid by the government and billing the homeowners for the same work twice. I took it to the prosecutor, no results, went to the police chief, no results, went to the legal department no results, brought to the council in May 2013 again it went to the administration. Finally, we are here two (2) years later getting some head way. This falls in the Mayor's lap, this is not the councils fault. They were under state police investigation, I'll verify that as I launched the investigation. I spoke to the FBI about this company so there was a federal investigation; there probably still is. When he got preapproved to do work for the city for this year, he provided false documents to the city in 2013. Someone who was supposed to oversee this 40 REGULAR MEETING JULY 13, 2015 overlooked the sworn affidavits and the false documents he provided. Yet he still was pre - qualified to dig on the program this year. This needs to be throughout our city. One of the first things our Mayor did was sign an executive order for ethics and rules of conduct. This all boils down to transparency again. Public has asked questions, I brought documentation to prove the crime was committed. Our administration, our police department did nothing all this time. I commend you guys for bringing this resolution. Jason Banicki- Critchlow, 3822 W. Ford St., South Bend — Obviously an ordinance like this is something we shouldn't have to have. We should hope all our contractors are doing straight honest business for the city. Obviously that hasn't happened. It's not happening and we need to have a mechanism that holds them accountable for that. You would hope our Mayor when he first started and demoted our Police Chief, saying if you don't go under investigation you're not going to work for the city and you're not going to do business with the city meant it. Then we see in subsequent years what he really he meant was in just that one case not if you're his chief of staff, or his police chief, or his contractors that he is helping to get approved. If you're being dishonest or investigated he is obviously not holding people accountable. So I commend the council for bringing an ordinance that brings some accountability to our city. We need the transparency we need the accountability it needs to apply to every department in the city and that everyone is on the same standards, same accountability. Councilmember Oliver Davis — Quick question, Dr. Varner what was your thing that you wanted to do? Councilmember Dr. Varner replied I asked for two things. A memo from the Council Attorney Kathy on what has been done at the board of public works meeting and second on what our position was as we still have some oversight that exists over public works. I state that we provide all the information to the council. Council member Henry Davis, Jr. — I would like to second that and I'm curious as to how much money they are overseeing and including that in information as follow -up. There being no one present wishing to speak to the Council in opposition to this bill, Councilmember Mr. Gavin Ferlic made a motion to adopt resolution 15 -64 along with follow -up reported to the full council. Councilmember Henry Davis, Jr. seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING 34 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 46 FOR 23530 S.R. 42, 56575, 56589, 56605 MAYFLOWER ROAD, 23562, 23580 HURON STREET AND 56546, 56576, 56586, 56660, HOLLYWOOD BOULEVARD, SOUTH BEND, INDIANA This bill had first reading. Councilmember Karen White made a motion to refer this bill to the Area Plan. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS 41 REGULAR MEETING JULY 13, 2015 REPORTS FROM THE BOARD OF ZONING APPEALS: BILL NO. 15 -65 — SPECIAL EXCEPTION — 3016 PORTAGE AVE. BILL NO. 15 -66 — SPECIAL EXCEPTION — 4085 MEGHAN BEELER COURT BILL NO. 15 -67 — SPECIAL EXCEPTION — 430 PARKOVASH AVE. Councilmember Mr. Gavin Ferlic made a motion to refer bill 15 -65, bill 15 -66, & bill 15 -67 to Zoning & Annexation Committee for July 27th, 2015. Councilmember Derek Dieter seconded the motion which carried by a voice vote of nine (9) ayes. REQUEST TO PUT THE CONFIRMING TAX ABATEMENT FOR AMERIPLEX SUPERIOR PARTNERS LP, ON THE 7/27/15 AGENDA Council President Scott requested a motion to confirm tax abatement for Ameriplex Superior Partners LP, on the July 27th, 2015 agenda for community investment. Councilmember Mr. Gavin Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Derek Dieter I will ask the offices of the Council, the attorney, and anyone else that wants to give input on several items; (as I'm done with the Council in several days). As this will pertain to the next Council, there has been several people that have brought issues over the years to the Council under Privilege of the Floor for us to look at regarding issues that happen in the realm of city government. We end up giving those to the administration or to the Board of Safety. In the end when a decision is made the Council is kept in the dark on the results of those, which I find whatever word you want to use. When the problem is initiated by you the citizens coming to the Council to look into it, we the Council should be a part of the people that get the results. When the Council has asked the administration or the Police Department to look into it, and we have not gotten the results, you can use whatever adjective you want, but that's not right. In the end, I'm not sure what course of investigative entity would result in the Council being able look into that. We do have the power of subpoenaing people in getting information but we don't have the arm which would investigate that. We will start under the Rules Committee and we will keep the public advised. When you bring stuff to us you are entrusting us to do something with it, I don't want us to give it to somebody and two years later we still don't have an answer who's looking into it. We will begin that process. Councilmember Karen White announced on Monday, July 20' at 5:30pm the Personnel & Finance Committee will host our first budget meeting. At that time we will get updates in regards to TIE: the number of TIE districts, how projects are established, and how they move up on the list. Councilmembers will be asked to come to discuss their priorities as we prepare for the budget process. In regards to the most recent resolution, President Scott, you mentioned that Councilmembers would be able to work with you. I would like to suggest that Councilmembers who would like to work on that submit their names to you as soon as possible. Council President Scott stated all Councilmembers can give input and we will be sharing this process as it moves forward. Councilmember Davis — What is the freedom of information act regarding the meetings that we are supposed to have, will those meetings be private meetings or open meeting? Council Attorney Kathleen Cekanski- Farrand stated we cannot violate the open door law, so we cannot have a majority from any standing committee. Councilmember Davis inquired even if we choose three (3) different people from the Council that are not the on the same committees my recommendation would be that everything that we decide be open for everybody to get a chance to look at it, not just based on that we don't have three (3) people. I think when it comes down to it the offices with the Mayor should be open to that too. As people and the Council need to know, anything that is shared in meetings like that need to be open, if not then why are we having them. PRIVILEGE OF THE FLOOR 42 REGULAR MEETING JULY 13, 2015 Dr. E. Michael Jones — 206 Marquette Ave, South Bend— I am the editor of Culture Wars magazine. I would like to discuss the political implications of the Mayor's announcement that he is a homosexual and I would like to have thirteen (13) minutes to do so. Councilmember Oliver Davis made a motion to defeat the request for thirteen (13) minutes. Councilmember Dr. Fred Ferlic seconded the motion which carried by a voice vote of nine (9) ayes. Dr. E. Michael Jones — I would like to say what we have witnessed in the past three (3) months is an assault on representative government in the state of Indiana. It began with the attack on RFRA where a group of people and a CEO from San Francisco flew into the state shut out legislature and over turned a law that was passed in the state of Indiana. This was a cabal of CEO's and homosexual activist, what we are seeing here across the country is the same type of pattern. The pattern that is an assault on democracy because of the revelation the Mayor just made. My son went to St. Joes and he went to Harvard, the same trajectory as the Mayor. When he was elected we all gave him the benefit of the doubt. By this announcement he has changed that whole political atmosphere. By this announcement, he announced that he is a part of a political movement to overturn the majority of government in this country, in this state, and in this city. I propose a few questions. When I saw the Mayor on tonight, I thought this would be the opportunity to ask the questions. I am asking you as our elected officials to ask the questions for the people in South Bend who have no voice. We need someone to step up to the plate and represent the citizens of South Bend, IN. ( Councilmember Dr. Fred Ferlic exited the meeting) Jesse Davis — P.O. Box 10205, South Bend— I will make this brief I have two privileges of the floor with several documents. One document is regarding a contractor that we were talking about with some explanations. The other he eludes to expanding the policy, which there are three (3) other companies that I have personally investigated. The Council needs to raise some question as to why they are still getting multi - million dollar contracts when they are under state police investigation and possibly federal investigation. Samuel Brown — 222 E. Navarre St., South Bend — I represent the group Citizens United for a Better Government. I would like to say this to the Council that you are doing a good job. We have witnessed something in the U.S. in South Carolina, where good people got together and said we are going to bring something to an end that has been going on for 15 years and they brought that flag down. Now in the city of South Bend, the Council has brought something forth to name a street after the Nobel peace prize winner, Martin Luther King Jr. I hope when the Council is together, that good people will make a good decision to get Martin Luther King Dr. to the way it is supposed to be. Christian Susanna — 126 Napoleon Blvd., South Bend — I came here tonight expecting to have an opposition. Some of you may or may not know, there are people that are flying signs. There has been people coming together over social media and Facebook, the Michiana Panhandler invasion group, where the group posts pictures of citizens doing what they're doing with signs and ridicules them. I was hoping to see them today, begging the council to do something about it. I agree it is a problem in our community. I think the real issues is the way we see it, personally. I think the issue is not whether or not we give them money, but whether we feel like bad people. That issues is not on them but on us. I would encourage the Council if an issue to criminalize poverty comes to a vote, to vote against it. We should be proud of the institutions that we have in place to prevent homelessness and to help those people. We will probably never solve it, and we never will. It is important that we don't make those people out to be criminals. Jason Banicki- Critchlow — 3822 W. Ford St., South Bend — I would like to thank everyone that came out tonight. If we can get this many people here every Monday, maybe we can have more progress in this city. One issue which was tabled today, is the raising of trash fees. When the Mayor sends his people, as he is seldom here, they send it forward as a rate increase. But yet we are paying for his fees, the city clerk fees, the city council fees that aren't administration fees but are just extra fees. It is just a way to add to the tax space. It is time to go back, I know it's been discussed to draw up some alternative proposals, but what can we do besides tax the working 43 REGULAR MEETING JULY 13, 2015 poor of South Bend even more before we get to that breaking point for the 50% of us in the city who live pay check to pay check, who barely survive. On the Martin Luther King Jr. Blvd. issue, I just found out something, when we are talking about the most important figures in our history, we only have one address on that street and that is the fire station. We have plenty of streets in this city, we should be able to find a prominent one to give him his prominent role within this city. We continue to talk about the quality of life issue, we don't want to criminalize poverty in terms of the panhandlers. You can't come right into the gates of the city and see panhandlers the very moment that you hit the city; then think this has the quality of life that I want to move to. I think we need to look for a constructive way to address that we are not criminalizing poverty but we are also improving the quality life for everyone in the city. Reverend Wendy Bruner— 612 Rush St., South Bend— I am the Pastor of Zion United Church of Christ, the community of faith, that finds it home across the street from Howard Park. The words we say each Sunday morning in worship reflect our theological understanding of a loving and gracious God, no matter who you are and where you are in life's journey you are welcome here. We believe everyone is welcomed at God's table, no exceptions. In my faith tradition I hear these words spoken by the one that I choose to follow, they are found in Mark's gospel and I dare say we all know them very well. When the scribe asks what are the most important commandments, Jesus says to love God with all your heart and all your soul and with all your strength and the second one is to love your neighbor as yourself, no qualifications, no judgment just love. When people choose love to each other no matter who they are in a world where there is too little love, I celebrate. When people make commitments to each other no matter who they are when a time where commitment is rare, I celebrate. When people stand together courageous in their faith with each other no matter who they are when there are few who trust in this day in age, I celebrate. I may disagree with you on any matter of things politics, music preference, the NFL, the football team you cheer for each Sunday, your stance on war, or how you do your job but that doesn't give me permission to ridicule or disparage you or call into question on who you love. I will love and affirm who you are as a Child of God, we are all created in God's image. That should be enough, I pray that it is. Becky Kaiser — 913 Diamond Ave., South Bend — I am straight, I am a fat chick, I am a community activist, I am an animal advocate those are labels. They don't mean a darn thing unless you know me. They don't show you how I do my job or how I interact with people. They may show you my interests or who I decide to love. When we attack as a society any one because of their labels, when we as a community attack or plan attacks that is purely evil. We as a community if we want South Bend to be better, we need to stop looking at our own personal interest and start accepting each other. Stop rule and undermining each other on labels and things that we don't like. There is much more in South Bend that brings us together and things that we can work on than the attacks on each other, this has been going on for a long time and it needs to stop. Some of you don't have much longer to be on council you can go out with a blaze of glory or go out looking like a... Nicole Floresan — Elkhart, IN — I have been working in downtown South Bend for the past five (5) years. During that time I have seen panhandling go from non - existence to explosive. Every day I drive the same route to and from work. I come in from the toll road from 31 North, in the mornings during the week I don't see any panhandlers. Yet when I leave at 5:30pm at night I see one (1) or two (2), when I travel further north I see two (2) more on Angela Street and 31 with the golden dome in the background. Since they are setting up in this intersection almost daily not only do the locals see them but people visiting students and just people visiting from out of town will see them too. On the weekends it has only gotten worse, this weekend on the same route, there were three (3) panhandlers on separate comers. As I continued to drive to Showplace 16, more and more panhandlers were coming out drinking coffee, smoking cigarettes, talking on their cellphones and basically setting up their comers. Now please understand I have nothing against the homeless. I see them every day at my work. They come in, they sit down they don't bother anyone, they keep to themselves. We buy them coffee, we buy them food but they don't point signs at us, they don't make rude gestures. But I do have something against those that abuse the system, as the law allows those to be overrun with scam artists. As majority of them are scam artists. Time and time again people give business cards out which they rip up as soon as they leave, they give them food to which they throw in the nearest garbage can, they own or rent homes, have iPhones or droid device in which we know the data plans are pretty 44 REGULAR MEETING JULY 13, 2015 high. I for one (1) don't have an iPhone, why? As I cannot afford it. We warn the community against phone scams and other people who scam the elderly doing crappy work on their homes, but we also allow people to stand on the comer scam angelic people out of their hard earned money. I would like to see stricter laws or something done about this. When I come in the city I don't want my kids to stare at them and for them in return get rude gestures, as I don't want to give them money. Dan Mullas — 632 S. 28" Street, South Bend— I came here tonight with my oldest son, Tyler he is enrolled at Jefferson. I am so glad Tyler has a Mayor that he can look up to, that he has a Council President that he can look up to and many other good voices on the Council including a very amazing animal activist. I'm in awe because I grew up here. I love my city, I was bom here. I grew up in the Coleman -Young area where corruption and fighting and race wars were very fresh. We have a Mayor that has a lot of strength, has a lot of pride, not just for the city itself. This tone is amazing for coming behind our leader government, and other leaders like Tim Scott. I am glad to be a South Bend resident and my fixture here. This is a great place to live. Those voices off to the side that say discouraging things they are caught up in their own worlds double crossing each other eventually in time fall in to the trap. People like Pete Buttigieg rise, people like Tim Scott rise, people like Valerie Schey rise. Catherine Pittman — 2628 Summit Ridge Drive, South Bend— I am here to correct a couple things that E. Michael Jones said. I'm sorry that he didn't stay to hear anyone respond to him. He seems to believe the Pete Buttigieg is a part of some homosexual movement that over took South Bend and tried to change the city. As a former member of South Bend equality, as we no longer need it because of some actions taken by this Council to make sure people are protected against discrimination. As a former spokesperson for that group, Pete Buttigieg was actually interviewed by our group and we did not support him as Mayor as we thought Dvorak was more outspoken in support with the issues that we were concerned about. Mayor Buttigieg did not work with us. Our group is made up of a variety of individuals and is not a homosexual group. But the beliefs of our group are supported by the majority of citizens of South Bend. Far from being a takeover in our community, I believe when you voted and made a decision about the human rights ordinance you were supporting the majority of the members of our community. E. Michael Jones is not a member of the majority. One thing about passing that ordinance that a person should be judged on the basis of how they do their job or on the basis of their performance in our community as a citizen and not be judged on irrelevant traits. That's what we all committed ourselves to when we asked for a vote from this council, to have people's jobs protected against discrimination on the basis of their sexual orientation. That is exactly what we are seeing, when Mr. Jones comes here and wants to judge our Mayor on one characteristic that he very openly shared with us which he struggled with that. I know all of you have characteristics or personal traits that you would not want to be judged on but on the basis of how you work with the community. I thank you for supporting that ordinance. I want our whole community to know that I don't agree with the Mayor, but I'm not going to judge him on that one trait. Tony Trinca — 139 Camden Street, South Bend— Good meeting tonight, I felt like we had a really good meeting tonight. I would just like to see that clock to be placed over here, to where I don't have to turn around to see it. If that can be arranged, I wouldn't want you to turn around to see it either, maybe we can just place it right over there. Lawrence Ravleski— 331 W. Colfax, South Bend— I'll keep my remarks brief. First of all I am in 100% support of Mayor Pete. It doesn't matter his orientation or anything else. He has done tremendous things for this city. I couldn't be more proud to live downtown and to see the renaissance and see all your hard work too. He is not doing it alone, it is certainly a cooperative effort. With that regard, there are some many organizations and programs for those people who want to make a difference for themselves, they do not need to stand on street comers and beg for money. It is clear that it has become an organized thing, a business for them and that is a tax base that we are not getting the benefit from. I agree with some of the others, that it will make a bad impression on investors, and those potentially looking to invest in this area. As folks come in to town, you only get one chance to make a favorable impression. It all works together, has to be a synergy just like you working with the Mayor. All these things have to come together. 45 REGULAR MEETING JULY 13, 2015 Barbara Port — 114 W. Ireland Road, South Bend — I own and operate Maxi's Food & Spirits where I have an upstairs window where I see them pull up in really nice cars. They park behind the bank they change their shirt, they change their shoes, they get their signs out the back seat, and they make cocktails in the back of their cars. I've seen a lot more than that from my upstairs window. Any other day of the week I can clean up needles, beer bottles, wine bottles, their signs, and full bags of food. I actually offered some of the younger men dishwashing jobs or to clean up my yard; I'm not going to repeat what they said to me. They are in my opinion, 99% are scam artist. I am fortunate to get people in my restaurant that are hearing about us on social media or trip advisor as they come through town. I cannot tell you how many people have asked me about why we have all these panhandlers. It is embarrassing to me as a business owner and it's a lot of work for me as I have to clean up after them and I think we should do something. Katie Van Tornhout — 114 W. Ireland Road, South Bend — I work with my mom in the restaurant and I'm in the bar. I sit up there four (4) nights a week and I can watch everything. We have called the police to Maxi's as the girls on the corner or doing more than asking for money, they are doing favors behind our building then they go back to their corners. It is more than just panhandling. I know there are people that need the help but there are resources for those people. The people on our comers are making it worse for everybody else. They are living in the woods behind Sears. One guy came in to Maxi's asking for a beer before I saw that he had a sign. He is getting money from you to spend in my restaurant. It is fine if you need the money but don't spend it on beer and girls in the parking lot. This last weekend in cubby holes outside, we picked up signs, condom wrappers, cigarette wrappers... They are plugging their phones in our outlets outside when we are not there. This is a bigger problem than what people might think. This needs to be cleaned up to make all of our town look so much better. Leanna Morley — 721 N. St. Louis Blvd, South Bend— I see panhandlers all the time in South Bend it is extremely uncomfortable, it elicits a feeling of guilt immediately or outrage. I am earning my degree in gender studies and sociology. When you look at things sociologically, you have to look at stratification and why people are living in the particular social locations that they are living in? We need to ask ourselves an important question how do we enforce panhandlers to stop panhandling, the more important question why are people panhandling, why are people doing sex work, and I'm pretty sure it's not because they want to annoy you or that they're out there for fun. There's a systemic problem that we need to address in our community due to lack of jobs or lack of minimum wage that meets the requirements of standard living. It probably has to do with substance abuse. We can say that we have enough resources in our community if people want to get them, but maybe we don't because we have a problem and we see them all the time. I guess that people who have lots of money and from big corporations feel funny about people who don't have a lot of money. I guess if so, I just don't want them to be here. Thank you that's all. Rice Debuysser— 119 W. Ireland Road, South Bend— I have a business there on Ireland, lived in South Bend for 62 years, business there for 37 years. I am concerned about their safety, as someone will hold money out and they run across where a car will come by and you almost see them hit. The other concern is we offer them jobs, but they don't want to work. There are a few good ones there but then the other ones gang up on them and beat them. The ones that we have tried to help they get beat up later on. They are on a time schedule so it's organized. One will replace them once one gets back. Then they walk back to their tents. We have our security cameras, so we have the guys that come to collect the money, jump out the car get the money tell them that their shift it over. There are five (5) or six (6) of them out there in that area. So our security has a lot of what is going on. I think that a lot of these people standing on the comer are being abused and being taken advantage of, so that's my concern. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 10:32 p.m. ATTEST: 46 ATTEST: REGULAR MEETING JULY 13, 2015 John Voorde, City Clerk Tim Scott, President 47