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HomeMy WebLinkAbout08-24-15 Common Council Meeting Minutes REGULAR MEETING AUGUST 24,2015 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, August 24, 2015 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Tim Scott 1st District, (President) Henry Davis,Jr. 2nd District Valerie Schey 3rd District Dr.Fred Ferlic 4th District Dr.David Varner 5th District Oliver J. Davis 6th District Derek Dieter At-Large, (Vice-President) Karen L. White At-Large, Chairperson Committee of the Whole Absent: Gavin Ferlic At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney Adriana Rodriguez Paralegal John Voorde City Clerk Janice I. Talboom Deputy Kareemah Fowler Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Oliver Davis made a motion that the minutes of the August 10th,2015,meeting of the Council be accepted and placed on file. Councilmember Valerie Schey seconded the motion which carried by a voice vote of seven (7) ayes and one (1)nay by Councilmember Derek Dieter. ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF—JAMES MUELLER SPECIAL BUSINESS Council President Tim Scott announced that bill 25-15 on yard waste removal and 26-15 (solid waste)are continued to October 26th,2015. Councilmember Karen White requested that Councilmembers with questions or concerns in regards to the budget hearing need to email her by Wednesday as she is working with the Council Attorney to submit questions or errors that need clarification to the administration. We will be contacting the administration in regards to the budget hearing scheduled for this Wednesday. There is a number of Councilmembers that cannot be present as a result we will be working with Mr. Murphy to reschedule the meeting from this Wednesday to another date. I would like to thank the Economic Community Forum as we had an off-site budget meeting last Tuesday that was well attended. During the meeting,a number of questions were raised which they will be submitted to the administration and cc'd to the Councilmembers REPORTS OF CITY OFFICES-MAYOR PETE BUTTIGIEG There were no reports from City Office RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Council President Tim Scott requested a motion to resolve into the Committee of the Whole. So moved by Councilmember Oliver Davis. Councilmember Dr.David Varner 1 REGULAR MEETING AUGUST 24,2015 seconded the motion which carried by a voice vote of eight(8) 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 BILL NO. 25-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS OF CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WAST REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS / Councilmember Dr. David Varner made a motion to continue bill 25-15 to October 26th, 2015. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight(8)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 .DES FOR CITY COLLECTION AND DISPOSAL OF REFUSE (SOS L c A STE) MATERIALS 9i 11 Councilmember Oliver Davis announced for clarification that these bills were discussed this afternoon with the decision to move them. Councilmember Oliver Davis made a motion to continue bill 26-15 to October 26th, 2015. Councilmember Derek Dieter seconded the motion which carried by a voice vote of eight(8)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 eight(8)ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White,Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:05 p.m. Council President Tim Scott,presided with eight(8) members present. BILLS -THIRD READING There were no Third Readings to come before Council. 2 REGULAR MEETING AUGUST 24,2015 RESOLUTIONS 15-79 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 402 N. SHERIDAN ST. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF (2) TWO YEAR VACANT BUILDING TAX ABATEMENT FOR MANUFACTURING TECHNOLOGY, INC. Presenter: Chris Fielding, 14th Floor Dept. of Community Investment—Before you, you have two resolutions for tax abatements for Manufacturing Technology they are proposing to purchase the building at 402 N. Sheridan. They are going to invest approximately$2.6 million with the creation of 14 new jobs. Total value of the (2) two year abatement,which is an exception to the local ordinance,with total taxes to be abated$80,980. Total taxes to be paid would be $55,000; remember that is 100%the first year, 50%the second year, and then returns back to the full tax value in the years after. They are also requesting a(5)year personal property tax abatement with total taxes to be abated $68,000 and total taxes to be paid $81,000. Mike is here from Manufacturing Technology should you have any questions. Council Attorney Kathy Cekanski-Farrand requested for proper order that a motion be made to hear 15-79 and 15-80 together for purposes of public hearing. So moved by Councilmember Valerie Schey. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight(8) ayes. 15-80 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 402 N. SHERIDAN ST. AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MANUFACTURING TECHNOLOGY, INC. Petitioner: Mike Laiman, Manufacturing Technology, Inc., Granger,IN—We are excited about this opportunity to expand our business in terms of manufacturing building products for our customers. We are a machine builder of high-tech friction welding equipment but this expansion is for making products for customers here in South Bend. Councilmember Oliver Davis —Mr. Laiman thank you so much for this opportunity and this project. I know you have 14 new jobs that excludes existing jobs already. How are you advertising these jobs and what types of jobs are you looking at for the community? Can you elaborate on that? Petitioner Laiman responded we are advertising through the local newspaper or Spherion, a third-party search firm. Many of our jobs are friends and family recommended as well. Councilmember Davis interjected what type of jobs? Mike Laiman replied these are manufacturing jobs, manufacturing work on the shop floor. There are some engineer spots and support folks like quality and material handlers needed in addition for this expansion. 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 Derek Dieter made a motion to adopt resolution 15-79. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight(8) ayes. Councilmember Henry Davis, Jr. made a motion to adopt resolution 15-80. Councilmember Dr. Fred Ferlic seconded the motion which carried and the Resolution was adopted by a roll call vote of eight(8) ayes. 3 REGULAR MEETING AUGUST 24,2015 15-81 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 5115 DYLAN DRIVE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDEX GROUND PACKAGE SYSTEM, INC. Councilmember Karen White made a motion to continue bill 15-81 to September 14th, 2015 as requested by the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight(8) ayes. BILLS -FIRST READING BILL NO. 40-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS This bill had first reading. Councilmember Henry Davis,Jr. made a motion to refer this bill to the Utilities Committee for second and third reading, and Public Hearing for September 14th, 2015. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. 41-15 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF' HE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2016 This bill had first reading. Council President Tim Scott requested a motion to refer this bill to the Personnel &Finance Committee for second reading and Public Hearing for September 28th, 2015 and third reading on October 12th. So moved by Councilmember Oliver Davis. Councilmember Henry Davis, Jr. seconded the motion which carried by a voice vote of eight(8) ayes. 42-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Council Attorney Kathy Cekanski-Farrand requested a motion to refer this bill to the Personnel &Finance Committee for second reading and Public Hearing for September 28th, 2015 and third reading on October 12th. So moved by Councilmember Oliver Davis. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. 43-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 INCLUDING ALL OUTSTANDING CLAIMS, AND 4 REGULAR MEETING AUGUST 24,2015 OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Henry Davis,Jr. made a motion to refer this bill to the Personnel &Finance Committee for second reading for September 28th, 2015 and third reading on October 121. Councilmember Karen White seconded the motion which carried by a voice vote of eight(8) ayes. 44-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATIONS' 2016 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2016 / This bill had first reading. Council Attorney Kathy Cekanski-Farrand requested a motion to refer this bill to the Personnel & Finance Committee for second reading and Public Hearing for September 28th, 2015 and third reading on October 12th. So moved by Councilmember Oliver Davis. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. 45-15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-45 OF THE SOUTH BEND MUNICIPAL CODE BY INCLUDING NEW REGULATIONS ADDRESSING MOBILE FOOD VENDORS MOBILE FOOD VENDING VEHICLES, AND UPDATING RESTAURANT REGULATIONS This bill had first reading. Council Attorney Kathy Cekanski-Farrand requested a motion to refer this bill to the Personnel & Finance Committee for second and third reading, and Public Hearing for September 14th, 2015. So moved by Councilmember Oliver Davis. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight(8)ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION BILL 23-15—REZONING—803 W. WASHINGTON STREET REQUEST TO WITHDRAW Council Attorney Kathy Cekanski-Farrand requested a motion to strike bill 23-15 by the petitioner. So moved by Councilmember Oliver Davis. Unclear which Councilmember seconded the motion which was carried by a voice vote of eight(8) ayes. BILL 34-15—REZONING—23530 STATE ROAD 2; 56575, 56589, 56605 MAYFLOWER ROAD; 23562,23580 HURON; 56546, 56576, 56586, 56660 HOLLYWOOD BLVD Council Attorney Kathy Cekanski-Farrand requested a motion to refer bill 34-15 to the Zoning & Annexation Committee for second reading and Public Hearing September 28, 2015 with third reading for October 12th. So moved by Councilmember Oliver Davis. Councilmember Karen White seconded the motion which carried by a voice vote of eight(8) ayes. BILL 35-15—REZONING—4325 S. MICHIGAN ST. Council Attorney Kathy Cekanski-Farrand requested a motion to refer bill 35-15 to the Zoning & Annexation Committee for September 14, 2015. So moved by Councilmember Oliver Davis. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. 5 REGULAR MEETING AUGUST 24,2015 REQUEST BILL 19-15 CALLING FOR THE ESTABLISHMENT OF A SOUTH BEND MUNICIPAL ID CARD PROGRAM BE SET FOR PUBLIC HEARING Council Attorney Kathy Cekanski-Farrand requested a motion for second& third reading, public hearing be set for October 12th and sent back to the Health &Public Safety Committee and the Community Relations Committee. So moved by Councilmember Oliver Davis. Councilmember Derek Dieter seconded the motion which carried by a voice vote of eight(8) ayes. Councilmember Derek Dieter inquired about the Mayor's next presence at the Council meetings, as there are a lot of questions that need to be asked publicly along with follow-up questions. At the meeting today with the Police Chief, he indicated there was no follow-up plan to deal with the panhandlers. The Mayor was going to have a plan, so I want to hear that publicly. I would like to publically thank Henry Davis, Jr. for helping with an issue at a bar on the west-side that was lost in the city shuffle. Now everything is working as a result of the council and Henry Davis, assisting with getting everyone in order to comply with the noise ordinance and holding the appropriate people accountable. That way the community doesn't have to be up late at night listening to loud music and bands after 11 pm. Council President Tim Scott in response to Councilmember Derek Dieter I will reach out to the Mayor to request him to be present next meeting to see if he can make it. Councilmember Davis,Jr. inquired if they were on-live and if that issue was cleared up. Councilmember Dieter responded that we are contracted with WNIT at about$45,000 a year to show council meetings. The last two meetings were not televised. Kareemah Fowler reached out to WNIT,they apologized but did not show them. Therefore I am pro-rating the $1,800 meetings that they didn't show. I'm asking you and the council if they are in favor of asking them to reimburse the $3,600 of council meetings that they didn't show. (All agreed) Councilmember Derek Dieter stated I will write a letter. I'm not sure what is written in the contract. Even in the cost of that is absorbent in itself It was confirmed that they were live tonight. The city website was confirmed to always be up. NEW BUSINESS Councilmember Derek Dieter reported there was an issue at a High School Football game in Michigan City on Friday night. I think unfavorably Washington High School has taken the brunt of what they deemed a brawl. I can tell you from coaching the referees and the officials are supposed to control what is supposed to happen on the field. If you look in the tape that I saw, I've seen better fights in the bathroom at Burger King. This report has damaged our reputation and our football teams' image as it wasn't a brawl when most of team were on the line and walking off the field. This is bad for our city's reputation. I think we need to find out what we can do for the kids of Washington. Councilmember Oliver Davis announced we will be having a meeting over at the Mayflower to discuss the Martins that will be moving. A group of them came to Area Plan on this past Tuesday, so we will be meeting with the neighbors to discuss that to clear up any issues before that meeting. Please put on your calendars, September 19th the Rum Village is having their picnic from 1-3pm. PRIVILEGE OF THE FLOOR Scott Ford—Offices on 14th floor, Executive Director of Community Investment—It is a privilege to come before you. There are some issues that I thought I would address for the public record. Last week, we celebrated the ground breaking of Lincoln Park the building of 24 new homes, as part of a co-op. It is an example of development that is inclusive and innovative and that all neighborhoods have a future. Through a very inclusive process that involved several meetings to develop the framework. We understand the concerns of lack of retail. We have hired staffed a business development associate to focus on these two main districts. The issues about trash and lack of maintenance with code -we have hired an ambassador program,issues about transportation -we are adding bus stops, issues about lighting -we started light up South Bend,issues for resources -we expanded tiffs,and unclear traffic patterns -we have addressed 6 REGULAR MEETING AUGUST 24,2015 that through revised stripping and other matters. I want to make it very clear there is no eminent domain and no interest to displace homeowners. There is one illustration as a park that is predominately vacant to revamp that area. For future reference, any plan that would occur in these neighborhoods would involve the community as part of the process. Councilmember Henry Davis Jr. —517 Idlewood Drive, South Bend—I would like to ask the council for five (5) minutes. Councilmember Valerie Schey so moved. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8)ayes. Thank you my council colleagues I would like to recognize the members from the western park area, will you please stand. These residents are here today to express their dissatisfaction with what has happened on Lincoln Way West. After a number of meetings I feel compelled to speak for them, as I work for them. The meetings have occurred where they stated they wanted the basic city services street paving, street striping, curbs & sidewalks, and lighting. Those things have not been updated in that area in more than a decade. That is the only thing they asked for. Upon Council request,those dollars were allocated for just those things for Lincoln Way West and Western Ave. As a result what we gotten was a continued plan to displace, gentrify and run over poor people. Since the project has taken place you've seen Lincoln Way go from four(4) lanes to two(2) lanes. You've seen major traffic jams in the morning and afternoon time. The neighbors on the Western Ave did not want to see this happened to ensure they're area doesn't look like Lincoln Way West. That is why they are here today. These residents are asking for the same consideration as done in previous examples. The taxes are going up, people are being asked to sell their properties. We are talking about these same issues. Eddy St. has been widen for more business. These are living examples, they do not deserve this. They are on fixed incomes and should have the benefit of living out their lives in their homes. I ask you Councilmembers to consider this so that these residents are comfortable in their homes. Jesse Davis—P.O. Box 10205, South Bend—I have come tonight about the Ashley Madison website and hacking emails that were put in the public. According to the media there was four (4)people from South Bend officials and one (1) from Mishawaka who used their government emails to search this site. The media has not released names at this point. I have a major problem and there has been a lot of discussion on community websites about this issue. If these employees were surfing these websites on city equipment during employee time, with one belonging to a police officer and the other being a fireman in South Bend. Is this causing a public safety issue with response time, if they are on these sites during work time?I ask the council to look in to these issues and see if disciplinary actions need to occur. Mario Sims —Sr. Pastor of Doulos Chapel, 608 S. Saint Joseph St., South Bend—Coming here tonight was not something that I relished doing. I am here tonight as the responsibility of a democracy is fairness and equity. Last year the council's attorney requested an investigation of a special prosecutor,Dan Hampton in reference to a civil matter; certainly calling to question ethics. There were nine (9) civil complaints filed against the Councilmember. I stand before you and I don't hear that and I don't see that same type of concern. My concern is the message that this sends to the city of South Bend. If you choose to investigate one elected official you have to have the same basis of equity of justice for everyone. I personally like John Voorde and I admire that John stepped up on Friday. The reality is there are two different environments going on here, I hate to think that is because of color. Any time we have the integrity of the system called in to question,the council's response has to be the same. Unless you want a city, where the people question the justice of this city. That's certainly a slope we don't want to slide down. I ask that you search your hearts and search your conscious about what happened here a year ago with Councilmember Henry Davis, Jr. If you think what you did was right that you should do the same in this situation with this elected official. Jason Banicki-Critchlow—3822 W. Ford St., South Bend—I would like to ask the council for six (6)minutes as there are a couple issues I would like to address. So moved by Councilmember Oliver Davis. Councilmember Henry Davis, Jr. seconded the motion which carried by a voice vote of eight(8) ayes. I would like to talk about Western Ave. corridor project. I appreciate Scott coming here tonight. As he has done many times in the media,he repeats thirty plus meetings trying to prevent the disinformation. This is an outline not a plan,the smart streets are 30% safer. Yet, this summer 7 REGULAR MEETING AUGUST 24,2015 we already had one (1) fatal accident and I'm wrecking my brain the last time there was a fatal accident prior to this. They are saying it is an outline and not a plan but they are already sending out letters to purchase homes where they outlined soccer fields. If you are saying this is just a plan then why are you trying to purchase homes for just an outline? What we want is to not have the bottleneck traffic that we already have on Lincoln Way. We still have plenty of traffic on Western Ave and we need four(4)lanes to move that traffic. It is not that we are ungrateful for some investment over there; as we need it. We need freshly paved roads, we need new sidewalks, we need curbs,and we need lights. Let's take this one step at a time. On Western Ave they're stripping before they get them paved, which the street is pothole filled. Let's finish phase 1 and listen to the public when we say we need four(4)lanes not three (3)before you move on to phase 2. In regards to the dispatch consortium, before we rush any further we are doing a big thing badly in the city. We have a situation where we are losing dispatchers almost every other week. I spent five and half years as a correctional officer. Some of these officers I've known for ten(10)plus years now. We are talking public safety here and we have well, "When we get to the new building things are going to get better". How about we sit back and put tougher a plan on how we are going to take care of our people? How are we going to make sure public safety comes first not someone's vision for a new system to track information that slows down the process for everyone? Do we need to consolidate dispatch centers,probably but until we have good leadership or a good plan in place, maybe the best thing for the city of South Bend is to stay where we are for another year. When we have a real plan in place then we can think about joining your consortium until then we are fine where we are right now. Tony Trinca— 139 Camden St., South Bend—As far as the Street project, it concerns me as it will crowd me right out. It's going to surround me, I'm not included in it but I'm surrounded by it. Two years ago, I was asked about my vacant lots, I threw it in the trash as they're not vacant it's my yard. Two of those lots have been assessed at 150%, 2 1/2 times more than what it is now. I have that under appeal right now. I feel that the project going on now at Western is the first phase and phase 2 calls for coming into my neighborhood. It says on page 105 S. LaSalle expansion, they say they're not going after our property and not going to displace us but when you jack your taxes 150%up, I feel they're coming after my property. I'm not happy with this plan and will do everything to fight this. Doug Thatcher—P.O. Box 212, South Bend—I want to talk about what Henry Davis and the other guy talked about Western Ave, Liberty St, Camden St, and the cones everywhere. I live right in the middle of that to me it's like a war zone. In my opinion it is poor planning and it was done too late; school was out now they're back in. Why isn't it done by now, what is taking so long? Taxes are being raised to pay for that; buses are being rerouted. This is depressing the city. I've never seen roads that bad, they're building slow and milking the tax payers dollars. I don't know who is to blame for this. I look out my windows and the streets are bad. It is depressing the streets have been suppressed for years since the Buttigieg administration. Johnny Byers —714 Camden St, South Bend—I am actually at Camden as a care giver for Ms. Florien Wright, she is 96 years old. I have a complaint about the whole thing. If you've really done your planning, we are a college town,no way should Lincoln Way be a three(3) lane road when 95 plus people come into town. If you've seen the accident we just had it would be a lot worse. You've taken away the street lights, people don't know when stop as you don't know who's pulling up. I live on the Westside, been there 58 years,walked Western Ave and seen it when there was businesses there.Never have you seen bicycles riding up and down Western Ave as they were heading out of town. Safety wise you should have widen that one (1)and definitely widen Lincoln Way. I don't understand the logic and good innovation. I say it is bad for the public and the community. You guys need to get on your thinking hats as its not working. Kelly Jones—Republican Candidate for Mayor, Manor Drive, South Bend—I would like to talk about what Henry was talking about with Western Ave. While driving down Lincoln Way last week,the first bicycle that I've ever seen on that road had traffic backed up three (3) blocks. As he didn't want to pull over as according to the lanes he was supposed to be in the same lane as the cars. I had to go ten(10)miles an hour for five (5)blocks, we had to wait until he decided to turn. Do you know how dangerous of a situation that could've been for him? In Chicago, the reality is they have the best bicycle lanes in the world they are right next to the sidewalks, safe not in the lanes with cars,but right next to the pedestrians. They never had a problem with 8 REGULAR MEETING AUGUST 24,2015 anyone getting run down. Why didn't we do that? We could have left four (4)lanes and still had the bicycle lanes next to the sidewalks and be safe for everyone. We can still do that,you want to fix Lincoln Way West up make it look better. Make the roads look good for not only cars but bicycles, pedestrians,and motorcyclists. It can kill a person on a motorcycle quickly, bicycles aren't any better, get them off the street make it an easy fix. Carl Steen, Pastor of Church of God and Christ— 16350 Parkwood Ct.,Granger—My church is right in the middle of the Western corridor, I found our recently from a local Pastor that showed me plans of townhouses and apartment buildings right next to our church. These designs were right on our property. Even across the street our neighbor who just built his house, his house is completely gone. We have been at that site for at least 65 years, we don't plan on moving. What they have planned is unacceptable we have a lot of local people in the community that go to our church. Senior citizens in the community go as it is accessible to them. I grew up in the area so I know some of the issues in the area. I just want to know why we weren't contacted or included in any of the planning or have access to any of the plans. When people talk to us about what we need instead of what they want to do. I think this is a complex issue and we have to take the time to do the right thing for the neighborhood and not make some financial plan for housing and about how much revenue it is going to bring. They need to include everyone in the process instead of you have to love it or leave it. Rhonda Richards— 1020 Clover St, South Bend—I haven't been here speaking for a while as you passed an ordinance then you table it on the ethical standards of this committee and what's going on. Now we have tribune articles about John Voorde about what happened with Ashley Madison. So now I am back again asking for ethical standards and morale standards be exhibited by our elected officials. The fact that this occurred on a city owned computer really bothers. The fact that we have an elected official being in office and claiming he doesn't know how to get on the internet when he is in an office that is supposed to post the minutes on the internet. The fact that after not knowing how to use the internet, he can still use his curiosity to find this site that was posted in the media. The fact that even though he was single at the time he was looking to break up a marriage by dating someone who is married on this site is very disturbing to me. I was very disturbed about the things that occurred with Henry Davis,Jr. in the past year. You have settled that and tabled it as you don't want to be held accountable. Well I'm sorry,now you need to be held accountable again. This is not acceptable for you as elected officials,this is not acceptable for our children to see. It is not acceptable for my 16 year old son to find out that someone who is supposed to be taking care of him in an official capacity is doing this type of thing. Do you want your children to think they should go dating on an adulterous website? Is that good for our community? Our Mayor has set standards and claims he wants to give freedom to our young people. I'm sorry I don't want his kind of freedom, I don't want his standards pushed down my throat and I don't want the ethical standards that you guys have been publically displaying for our children. I am very disappointed,that I thought we could trust our elected officials. I'm sorry that the city of South Bend can't show that to me. Sam Centellas—2740 Miami St—Thank you for doing the Spanish announcements, as not everyone is able to read English as well so thank you for this. The start of the Western Ave project has been a challenge for business owners. We have been working with Scott Ford on the issues on the impact of our business along with proper signage during the project. About the three(3) lanes, the business owners are excited about the on-street parking; I get that it is a challenge with the streets and you can't please everyone. We also want to sit down at the table and discuss the future phases, as we know the streets will be changing where the housing is up to debate. That way we can avoid the media spectacle and come together as a community to work together. We are excited for the changes coming and we are trying to promote business in that area and we are open for business. Construction is tough on them so please visit them as often as you can. 9 REGULAR MEETING AUGUST 24,2015 Peter Holland—751 W. Ewing, South Bend—I am only up here as I was listening to Councilmember Derek Dieter bringing up how WNIT was not filming a couple weeks. I am with Public Access Michiana, I'm just concerned how that channel is going forward. I will be going down to WNIT tomorrow. I would like to say that South Bend has been chosen as the place for the regional meeting in April to hold our Public Access conference here. Last year they had 3,000 Public Access stations around the country in Michigan. I am going to be priming the pump a little bit to bring awareness of their presence here. Patrick Mangan— 1919 W. Michigan St., South Bend—I am here as I work for Citizens for Community Values of Indiana. I am disappointed to be here tonight. I am here to address the issue with Mr. Voorde, we have had so much drama and impact. This is not the type of thing that we need to move the city of South Bend forward. I am profoundly impacted not by just the judgement,but the ideal that an adultery website is being used as a dating service. The fact that John was willing to ruin the fidelity of a marriage for personal gratification. I'm empathetic as a man, but as a potential city council and city official, I think the right thing to do is to resign and abandon his candidacy for the city council. I'm calling on Jason Critchlow for help with him to resign in the case that he doesn't. What we want as a community is a pro-family by-partisan to oversee the affairs of the city. Unfortunately at this point I don't see that is going to be best served by having Mr. Voorde stay in his position. The challenge is we have to hold ourselves to a higher standard. The way you have to own it, is to resign. Lynn Colliers—4900 W Washington St., South Bend—I would like to report what has happened on Western Ave. at this point in time I can travel in a slow pace and I make sure to not come back that way at a certain time. Western Ave is north and south in and out of South Bend, it has wonderful demographics. I have been here all my life and I've been told in eight(8) of the thirty meetings it was never a four(4) lane highway which we know that,but that is the way it has always be driven. The things that we asked for were the basic city services. Our vision from the 4th floor to the 14th floor are not coming together for all of us that are concerned for the quality of life. There are empty lots on Western Ave, use those for parking and if there is an overflow let those be limited. The meetings that I went to they didn't talk about the specifics it was always what we were going to do and it was always news. I don't know what phase we are in, but I'm glad we are going to talk to the Martins. The questions regarding that is what about the P &A. I'm glad that the multi-cultural groups are willing to come together and talk about living on the west end of South Bend together. Sharon Banicki —3822 W. Ford St., South Bend— I had a friend that wanted to speak to the council meeting tonight,unfortunately she is stuck in traffic on Lincoln Way she sends her regards. I know another business owner who had two (2) spots put in front of his business on Western. Talked to him the other day and asked how those two(2) spots were working for him, he replied no-one will park there. Everyone is afraid to as everyone know there is four(4) lanes and if they park there they get hit. Scott Ford talks about the thirty meetings they had beforehand no one knew when and where. We keep hearing about the meetings after the fact, they're not advertised. You talked about the budget meeting last week, but it was not advertised. You have all these meetings and want input but do you really want input when you are not letting the effected people know when and where. I went to a meeting last week at Westside where they talked about Western Ave, I was supposed to be put on the city email list for the next meeting; I'm still waiting. I heard there are many budget meetings coming up but I don't' know when and where. You want to advance yourself as technology savvy but you can't do anything on that city website in less than(3)three clicks an hour. You need to fix the website so the meetings are easily found where people know when and where to be. You shouldn't have to chase down your councilmembers. If I don't stumble upon you by chance then I don't know the great things you're doing. Valerie Schey did the animal ordinance, I called animal control several times as the dog lives in the garage next door. Give us a way to meet with you concerning our issues Western Ave, the budgets,and things like that. 10 REGULAR MEETING AUGUST 24,2015 Andrew Ujdak— 121 S. Chapin St., South Bend—I would like to request possibly an extra 2-3 minutes if I should need them. So moved by Councilmember Oliver Davis. Councilmember Derek Dieter seconded the motion which carried by a voice vote of eight (8)ayes. I am here to address the alleged demise of the sale and restoration of the residence of 803 W. Washington Street also known as the Kizer mansion as reported in our media over the last few days. As a neighbor and resident and taxpayer of South Bend, I am compelled to turn to this body to formally request that the common council and or various committees request documents related to the recent sale of the home to Trent and Leah Runyon in the events noted above. As stewards of taxpayer dollars I cannot think of a better start for my request given the fact that $441,000 of city tax dollars via the Redevelopment Commission purchased the property in 2011 and subsequently transferred to Historical Landmarks Foundation of Indiana. They were pledged to secure this property and position the old mansion for reuse and restoration. Of that purchase price paid to John Freeline $30,000 was immediately deducted from the sales proceeds given to Landmarks for stabilization,insurance,and other related cost. I'm not sure how that was spent, but when Trent and Leah Runyon closed on the property with intent to rezone for a single- family property making this their home; the prospect of individual(s)arriving in our community and investing hundreds and thousands of dollars without request from city financial assistance is an occurrence that should be enjoyed by everyone in this room. After all it was the taxpayers' dollars through the Redevelopment Committee that positioned the old mansion from this type of event. Unfortunately all work has stopped with much speculation as to why. Representatives of Landmarks stated on the record that the Runyons' suggested that the nonprofit purchase the mansion back. On Thursday, August 20th the South Bend Tribune posted a story online about the property itself which was later removed,the problems with the property today is the questions about the title, which is the documents that I bring to you today. This was edited out due to Landmarks rejection on that issue with the denial of any issues with clear title. I do here by request upon the submittal of these documents and memo attached that the Common Council call before itself representatives of the parties of this transaction to separate fact from fiction so the restoration can continue and the parties responsible are held responsible, so that the investment of$441.000 is not placed in jeopardy due to carelessness. It would be a shame if nearly after four years,the investment of tax dollars for this mansion would return to its old state, be a target for vandals, and continue to deteriorate. The Runyons have posted on their Facebook in response to the raised issues where they sing the city praises and that they are a joy to work. The documents I include are the deed of the estate that state the parcel is a portion of the property by 70 and 150 ft. The property itself is 70 by 198 ft., it is clear that it didn't not include the Kizer house. He also described several other documents included with the deed that make it clear that the Kizer mansion is not included as the parcel on their deed and that is clearly made separate. Henry Davis, Sr. —215 N. Sheridan, South Bend—Just briefly with all the things going on in South Bend Chase Tower, and the street initiatives; we are not getting what we want. One side of town is being widen and another part is being restricted; we can deal with that. But what we can't deal with is how we cut one another. The bible says the first one of you that is without sin throw the stone, we have thrown enough stones. I watched how my son had stones thrown at him and people went by what the media put out there, half truths. You better start investigating these things before putting out a judgement and when you make a judgement make sure it is a righteous judgement. William Johnson—5203 Floral Place, South Bend—I find it a privilege to stand before this council; you are an intricate part of the development of this city. This city means a lot to residents on each side of town, so we want to make this city the best that we can make it. I know that you all do your best. There are a lot of things that come before you that you solve, there are a lot of things that come before you that you haven't solved,but you're putting forth the effort. The thing about Western Ave when you keep two groups of people a part it doesn't help anything if we can't sit together with our Hispanic brothers and sisters to solve it. I don't know why we are kept a part and would hate to say it's a racial issue. I don't want to say that but it seems like it is. On Western Ave when you come past the baseball stadium when there is a game,you can't get through. I've seen the one(1) lane turn into two (2) lanes when there is no game,but it's really a parking lane and a traveling lane. To solve the problem of not being two (2) lanes they put cones in that lane, then people go down that lane when they get to the cones the cars pile up. I have worked for this city for 31 years, I've seen the city go from a nice city to 11 REGULAR MEETING AUGUST 24,2015 downhill. I don't know what is going on but you are the council and you can solve this. Like you would hold me accountable for my area, I hold you all accountable. Samuel Brown—222 E. Navarre St., South Bend—I represent the group Citizens United for a Better Government. We heard about the Western corridor, now we want to drive it and pray nothing happens to us. I want to talk about a small neighborhood on the Westside of South Bend,there are three (3) families. The Browns,the Gordons, and the Wardens over 16 years they have owned their homes from Linden to Orange. They have a street light that has been knocked down three (3)times. I want to thank the people at traffic and lights who make it safe for the kids to walk by at night. I tried to talk to the Mayor about it and can't get a hold of him and at this point I don't want to talk to him. Again, I thank the people from traffic and lights for coming out and making our city safe. The issue with the drug house,I went to talk to the boys they won't do anything still riding around in their cars; no problem. I tried to get a hold of the Chief but they didn't call me back. The thing about Mr. Brown is I know people outside the city federal marshals and people in drug task enforcement. We are going to skip out of South Bend and ask for other people to come in and help my family. I'm tired of the games and playing politics. I have lived here all my life, I know the politics and am tired of begging for help. That little stretch has more traffic on it. Then they want me to fill out a police report, each division is separate. I don't understand what is going on with our city anymore. I understand the redevelopment of our streets, but I don't care. We have to fix it,the only one to fix it is the taxpayers. We have to step up and fix this thing. I've asked for help and can't get it. I'm moving to the feds and state police and anybody else that can come and clean the drug lords out of here. If you know anyone that can help I'm going to call them. E. Michael Jones—206 Marquette Ave, South Bend—It is a privilege to speak with you again, I promise I won't ask for extra time this time. I come before you about the issue with John Voorde and the Ashly Madison situation. It makes the front page of the newspaper as it is a problem. Everyone knows that there is something wrong here. Even though we are told it's not wrong. We have a crisis now as we don't understand how people can govern us with people who are involved with bad behavior. Some people come and call for his resignation,I'm not trying to defend what he did. If with what Pete Buttigieg does is sexually right, then I don't understand how anyone else can say what this man does is wrong. I don't understand it as we have a totally incoherent system of morals in the government here. How can you enforce the law if the man who represents the entire city is engaged in behavior that is worse than what his behavior is? How can you do it; you can't do it. You have an ongoing crisis of government people becoming demoralized. People becoming involved in more and more gay social behavior, as no one wants to address the problem. I tried to address you people a while ago and got shouted down. It was embarrassing to me the way this body behaved shouting at me 20 seconds, 30 seconds this type of thing. I'm sorry to bring it up but we have a crisis here. We can sweep it under the rug and just say we are going to deal with grass and how high the grass is going to grow, but there is something bigger here and we have to address it. Mr. Sabo—Offices on Mishawaka Ave, South Bend—I would like to request five (5)minutes. So moved by Councilmember Oliver Davis. Councilmember Valerie Schey seconded the motion which carried by a voice vote of eight(8) ayes. The first point is the discussion of taxes coming up,that were on the agenda. Council President Tim Scott interjected that you are unable to talk about what was discussed on the agenda. Council Attorney Kathy Cekanski-Farrand agreed. He continued that is fine as this topic was not on the agenda. That is the transfer of funds from every department in the city to pad the budgets of the Mayor's office, the clerk's office,and this council being conducted as a scheme of tax money that should be going to satisfy the needs of the taxpayer but are instead fatting the budgets of those offices to 65% of their total budget. That is nothing more than an underhanded extortion to get their hands on more money they do not want to account for to tax payers, as it is coming out of the budget of all these other departments; who have to give up on average, at last calculation of 3.2% each of their total budgets that is given as tribute to these offices for administration functions? I cannot believe that the Mayor's office spends 65%of his time providing administrative duties to every single department listed here evenly at 3.2% each,nor 12 REGULAR MEETING AUGUST 24,2015 do I believe that is the case for the Clerk's office and I'm certain that is not the case for this council. I know these departments aren't depending on you for 65% of your time to tell them what to do. Council Kathy Attorney Cekanski-Farrand interjected, Mr. Sabo,your comments would be appreciated at the Personnel &Finance Committee meeting that are upcoming or at the regular meeting that is set for September 28th. Councilmember Valerie Schey made the statement for him to finish as he taken the time to come. For Mr. Sabo,who is a 3rd district resident and he has... Council Attorney Kathy Cekanski-Farrand interjected however this is directly related to the proposal that is before the council on our agenda. Mr. Sabo stated that it was not clear that this subject was a part of the agenda so pardon my error. Council President Tim Scott stated there are four(4)bills before us that discuss the budget which were on the agenda tonight. Mr. Sabo replied correct and I read all four(4) of them but nowhere did I see anything about the scheme for the Mayor's office, the clerk's office,and the council. So you have to pardon me if I did not understand how those are incorporated in the context of those four (4)budget issues, as those are completely unknown to the reader. Am I out of order here? Council Attorney Kathy Cekanski-Farrand stated that he is out of order. Council President Tim Scott reiterated that he is out of order and they would be happy for him to come to the Personnel and Finance Committee meetings which are public. Councilmember Karen White stated that all the budget hearings have been scheduled. They are on the website,they are scrolling on the screen in the hallway,and you can go to the council's office on the clerk's counter to find the history there. I can give you copies; all those who would like to have copies of the budget hearings they are available inside the clerk's office. Council President Tim Scott stated that I believe the next meeting is on the 31St. Now you have 30 seconds left. Mr. Sabo responded, well now I have an issue with that. Council President Tim Scott asked is there anything else that you would like to discuss besides the budget. Mr. Sabo answered my second point is about Western Ave. Councilmember Oliver Davis made a motion that he be granted an additional three (3) Minutes as part of his time was for clarification. Councilmember Henry Davis, Jr. seconded the motion which carried by a voice vote of seven(7)ayes and one (1)nay by Councilmember Derek Dieter. I sympathize with the Western Ave residents for I too have sat through some of these planning meetings for the dump streets program and felt tied to the tracks in front of a runaway train, which is that program. They have always been presented as a fair to call plea with, would you like that t crossed to the right or to the left, rather than what do you want out of this. I'm not surprised that Lincoln Way is demonstrated... Council President Tim Scott interjected you are addressing the council you cannot do that, if so I will ask you to leave. Mr. Sabo replied, I'm sorry. The other failure of that program is all that it does is cut the traffic in half for the busiest streets in our city. Mr. Voorde is less than truthful about the current outcome, things went unsaid during the entire push for the dump street program. It didn't mention the fact that everyone's property taxes were evidently going to rise. That Western Ave and Lincoln Way are both going to be subjective to gentrification that will drive out existing residents and that the price of getting simple infrastructure improvements is to live with gridlock for the rest of your life. This administration is all about grand plans nothing to do with what the taxpayers need or want. These issues about the new trucks for the trash department are more of the same thing being bulldozed, by "we have to have those trucks," so we can lay off workers in a city that desperately needs blue collar jobs. They make everyone conform to what is convenient for us not convenient for you, as a taxpayer. ADJOURNMENT There being no further business to come before the Council,President Tim Scott adjourned the meeting at 8:38 p.m. ATTEST: ATTEST: 13 REGULAR MEETING AUGUST 24,2015 John Voorde, City Clerk Tim Scott,President 14