HomeMy WebLinkAbout10-09-17 Council Minutes REPORT OF SUB-COMMITTEE ON MINUTES
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
THE SUB-COMMITTEE HAS INSPECTED THE MINUTES OF THE
October 9, 2017
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE,WE RECOMMEND THE SAME BE APPROVED:
TIM SCOTT
VA ER
APPROVED BY THE COMMON COUNCIL ON: October 23,2017
ATTEST: � `
KAREEMAH F W R, CITY CLERK
REGULAR MEETING October 9, 2017
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 October 9th, 2017 at 7:00 p.m. The
meeting was called to order by Council President Tim Scott and the Invocation was given by
Douglas Sparks, Bishop of the Episcopal Diocese of Northern Indiana, and Pledge to the Flag
was given.
ROLL CALL
COUNCIL MEMBERS:
Tim Scott 1St District, President
Regina Williams-Preston 2"a District
Randy Kelly 3rd District
Jo M. Broden 4th District
Dr. David Varner 5th District
Oliver J. Davis 6th District, Vice President
John Voorde At-Large
Gavin Ferlic At-Large, Chairperson Committee of the Whole
Karen L. White At-Large
OTHERS PRESENT:
Kareemah Fowler City Clerk
Jennifer Coffman Chief Deputy Clerk
Alkeyna Aldridge Deputy Clerk
Graham Sparks Clerk Executive Assistant
Bob Palmer Council Attorney
REPORT FROM THE SUB-COMMITTEE ON MINUTES
Councilmember Gavin Ferlic made a motion that the minutes of the September 25th, 2017
meeting of the Council be accepted and placed on file. Councilmember Karen White seconded
the motion which carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
BILL NO.
11-17 A SPECIAL PROCLAMATION OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, PUBLICLY RECOGNIZING
THE 100 YEAR ANNIVERSARY OF THE
HISTORIC SANCTUARY AT 310 W. MONROE
ST AS THE SITE OF THE FIRST AFRICAN-
AMERICAN CHURCH IN SOUTH BEND
Councilmember Regina Williams-Preston, 838 North Elmer Street, South Bend, IN, as well as
Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as the presenters of this
bill. Councilmember Williams-Preston stated, I just am so excited tonight to be able to recognize
and honor an important historic celebration of the roots of the first black church in South Bend.
She then asked the other participants in the presentation to join her and Councilmember Davis at
the podium. Councilmembers Williams-Preston and Davis read to the Council and public the
respective portions of the resolution's text. Councilmember Williams-Preston stated, We have a
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REGULAR MEETING October 9, 2017
few people here that are part of the presentation and the legacy. I think that one (1) of the
important pieces of this story is that our community had the foresight to recognize the
importance of this particular building. While all of this development is happening all around, not
only was it preserved—thanks to the works of the Derrickson family and Zion Hill Baptist
Church—but, it also actually has become a part of the development that's happening. So, I think
it's a wonderful thing by actually partnering and reaching out—rather than having any sort of
contention between what's happening with the new development and the history—we're actually
working together, preserving the legacy, and continuing forth in this redevelopment. And that
really has so much to do with Pastor Derrickson here today.
Reverend Chris Derrickson, 3901 Burton Drive, South Bend, IN, stated that he was honored to
see the church he serves recognized by the Council and the City of South Bend. Reverend
Derrickson stated, You have my solemn oath, as a minister of the gospel and a citizen of this
community,to work with South Bend when we're needed; to help in social causes; to give a
lending and prayerful hand to wherever this church may be needed.
Councilmember Karen White stated, I have had the privilege of being under your father as my
pastor. If I'm not mistaken, my Carmel Missionary Baptist Church came out of the church that is
standing now. So, I feel as if I have a connection with you and also with the history of the
church, and I'm very happy that we're able to present this proclamation.
Councilmember Gavin Ferlic stated, Congratulations on one-hundred (100) years and thank you
for all your service.
Councilmember John Voorde stated, It underlines the importance of not only being aware of but
learning from our past—what we were and what we are now and what we will be all depends on
that shared past, and recognizing and knowing that past that we've shared. So, thank you very
much.
Councilmember Dr. David Varner stated, Congratulations on your anniversary and best wishes
for your next hundred(100) years.
Councilmember Jo M. Broden stated, It's a delight to honor you, your history, and this amazing
legacy of faith,but also faith-in-action. I think that's really the hallmark of why churches do
endure. So, gratitude for that faith and that service that we as an entire community have benefited
from, and continued wishes for more fruitful years in service.
Councilmember Randy Kelly stated, Congratulations on this milestone and, most importantly, on
how you're continuing to pay this legacy in full in such a meaningful way for our entire
community. Thank you so much.
Councilmember Tim Scott stated, I agree with everything that was stated up here. You look at
the basic blocks of a community: it is people. It's the jobs, it's the homes, but it is the houses of
faith that really make our community. That word was used quite a bit in the proclamation, and
you used it yourself, Reverend. Community is truly what inspires and what is needed, and I agree
with Ms. Broden on action. Thank you for the action. Thank you for being the rock within the
middle of our community, and much more to come. Thank you so much.
Councilmember Williams-Preston stated, I wanted to just recognize in the audience a member
who is living history. I think it's the great-great-...great-great-grandfather? I'm not sure—you
can tell me how many greats. John Charles Brian is here. His ancestors—a direct line—were
actually some of the first charter members of the first black church, Olivet, here in South Bend,
on this site. So, I just want to acknowledge him today, as well. Thank you for coming out. We
appreciate you.
Councilmember Tim Scott stated, We are not remiss when we see John Charles Brian sneak into
the room, so thank you, sir, for coming.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to this bill.
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REGULAR MEETING October 9, 2017
Councilmember Gavin Ferlic made a motion to adopt Bill No. 11-17 by acclamation.
Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9)
ayes.
REPORTS OF CITY OFFICES
Representing the City Administration: Mayor Pete Buttigieg
Suzanna Fritzberg
Laura O'Sullivan
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:16 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the
Whole. Councilmember Karen White seconded the motion which carried by a voice vote of nine
(9) ayes. Councilmember Gavin Ferlic, Chairperson,presiding.
Councilmember Gavin Ferlic explained the procedures to be followed for tonight's meeting in
accordance with Article 1, Section 2-11 of the South Bend Municipal Code.
PUBLIC HEARINGS
BILL NO.
48-17 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,AMENDING A
SECTION OF CHAPTER 2,ARTICLE 6 OF THE
SOUTH BEND MUNICIPAL CODE
PERTAINING TO TAX ABATEMENTS
Councilmember Oliver Davis made a motion to accept Substitute Bill No. 48-17. Councilmember
Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes.
Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Councilmember Regina Williams-Preston, 838 North Elmer Street, South Bend, IN, served as
the presenter of this bill. Councilmember Williams-Preston stated, This bill comes to the
Council, tonight, after much consideration. I think we started this process about—well, back in
August, sometime. The bill proposes a change to the current tax abatement ordinance to actually
add a requirement that the applicants for a tax abatement actually will pay all company
employees a minimum wage as least as high as the minimum wage paid to all employees of
South Bend upon the confirmation of that abatement. Since that time,we've had lots and lots of
conversation and discourse among Councilpeople, citizens, and current business owners, and
we've added some things to include that: this would begin January 1St, 2018; it would clarify that
we would include TIF workers and the process for making sure that TIF workers are
compensated fairly, as well. This is just an opportunity for us to actually live the words that our
Mayor set forth for us. His goal was that we become, as the City of South Bend, a model for
equal opportunity by making sure that any business that comes to South Bend that receives a tax
subsidy of any kind actually lives up to our expectations and pays its workers a decent wage. It's
just one (1)way that we can begin to live out those values. So, I'm very proud that the
committee saw forward to send this favorably.
Councilmember Williams-Preston continued, We had a few other things. One (1) of the things
we clarified, for those who have been following this, is that the business would agree to pay all
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REGULAR MEETING October 9, 2017
workers the minimum wage that the City pays, in that first year, but then the second year and
subsequent years throughout the tax abatement, they would actually increase two percent(2%)
every single year. So, it's an exciting change to me, because we want to make sure that we are
not just supporting the people of South Bend and bringing jobs—not just jobs, but good jobs—
but we're also being business-friendly. We're paying attention to the needs of the businesses by
making sure that they have some predictability, as much as possible,throughout the time of their
agreement with the City.
Marty Wolfson, 809 Park Avenue, South Bend, IN, also served as a presenter of this bill. Mr.
Wolfson stated that, despite the misconception that the majority of low-wage workers are
teenagers, they are actually mainly adult, and of those adults a large number are women, and
many of those women are mothers. Mr. Wolfson stated that the Indiana State Legislature bars the
establishment of a minimum wage above that of the federal minimum wage, which is currently
set at seven dollars and twenty-five cents ($7.25). He stated that if the current minimum wage,
which was set in 2009, had kept up with inflation, the federal minimum wage would be eleven
dollars and twenty-three cents ($11.23) in 2017. As such, Mr. Wolfson stated that the Mayor's
proposed minimum wage of ten dollars and ten cents ($10.10) is fair for those working on
projects benefiting from tax abatements.
Councilmember Williams-Preston stated, Finally, I just want to thank the co-sponsors of this bill:
Councilman Kelly, Councilman Davis, and Councilman Voorde. I appreciate your assistance and
help throughout this process. And, really, everybody in the Community Investment Committee
taking the time inbetween all of these different meetings to really consider and think about
what's best, how we can get to that win-win. I think we got there tonight. 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.
Those from the public wishing to speak in favor of this bill:
Christine Fiordalis, 1705 Wall Street, South Bend, IN, stated that she is in favor of this proposed
ordinance because it is concerned with the needs of people instead of simply profit. Ms. Fiordalis
stated that society is strengthened by decisions made with this concern in mind and encouraged
the Council to vote in favor of this bill and to continue making decisions taking into account
people and the environment along with profit.
James Mueller, Executive Director of the Department of Community Investment, with offices on
the 14th Floor of the County-City Building, South Bend, IN, stated, As you know,we thank
Councilwoman Preston for bringing this bill forward, and the Administration enthusiastically
supports it. We've gone through a lot of different language changes, here. Unfortunately, I think
we've identified one (1) final issue. The policy still stays the same, but we're wanting to raise
our tax recipient in subsequent years by two percent(2%)the effective minimum wage. As it
reads now, the language may suggest that if you start at higher than the minimum wage, that
lowest paid-and-play would have to raise by two percent (2%), which I don't believe was the
intent earlier. So, in Section 3-E, we're suggesting in the paragraph with, "In the first year of the
abatement,the lowest-paid employee is compensated at least as high as the minimum wage paid
to an employee of the City of South Bend," and the rest of that is fine. In the second part, "In the
second and subsequent years of the abatement, the effective minimum wage for the tax
abatement recipient is at least two percent(2%) higher than in the previous year." It's exactly
what we talked about earlier, we're just making sure the language matches what we all intended
to do.
There were none from the public wishing to speak in opposition to this bill.
Councilmember Gavin Ferlic asked Council Attorney Bob Palmer if the ordinance text before
him was the same as what Mr. Mueller just discussed. Councilmember Williams-Preston stated
that she understood Mr. Mueller to have stated that he discovered language that needed to be
changed since the last committee meeting. Councilmember Ferlic asked Mr. Mueller to state to
the Council the amendment necessary for the bill.
Mr. Mueller stated, "In the first year of the abatement,the lowest-paid employee is compensated
at least as high as the minimum paid to an employee of the City of South Bend." And then, in the
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REGULAR MEETING October 9, 2017
next part, "In the second and subsequent years of the abatement, the effective minimum wage for
the tax abatement recipient is at least two percent (2%)than in the previous year."
Councilmember Oliver Davis made a motion to accept the amendment to Substitute Bill No. 48-
17 as stated. Councilmember Tim Scott seconded the motion which carried by a voice vote of
nine (9) ayes.
Councilmember Tim Scott made a motion to send Substitute Bill No. 48-17, as amended, to the
full Council with a favorable recommendation. Councilmember Oliver Davis seconded the
motion which carried by a voice vote of nine (9) ayes.
66-17 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING THE
SOUTH BEND MUNICIPAL CODE AT
CHAPTER 17, ARTICLE 1, SECTION 17-4 TO
ADDRESS PROCEDURES FOR DOWNSPOUT
DISCONNECTIONS
Councilmember Jo M. Broden, Chair of the Health and Public Safety Committee,reported that
they met this afternoon and send this bill forward with a favorable recommendation.
James Mueller,Executive Director of the Department of Community Investment, with offices on
the 14th Floor of the County-City Building, South Bend, IN, served as the presenter of this bill.
Mr. Mueller stated, What we have before you are some amendments to the Downspout
Disconnect Program that was passed two (2) years ago by the previous Council. The long-term
goal is to get the sources off the combined sewer system. None of these sources were assumed to
come off the combined sewer system in the modeling for the new Long Term Control Plan
proposal that's before the federal government. The idea here is that we want to give a clear signal
to people who own buildings or other entities that if the benefits of disconnecting are greater than
the cost, we want them to do that; and if the benefits are not equal to the cost, in some cases the
cost of disconnecting the downspouts are in the hundreds of thousands of dollars,because these
pipes are inside walls,underneath floors—then you have to do something with the water,too,
and some sites don't have places where you can store the storm water. So,the effective fee of
what would be equivalent to the benefits is assumed to be the cost of the Long Term Control
Plan. As a policy,the Administration and the Council has adopted that what we're bringing the
federal government right now—the $200,000,000 price tag over to the one (1)that's closer to
$1,000,000,000. So, you take the $200,000,000 cost that's going to be over the next twenty
(20) years or so—and then you assume that every year you get benefits from doing that. You'll
get benefits past twenty(20)years, but we think after twenty(20) years is a reasonable place to
cut it off in the calculation. So,there will be about 8,000,000,000 gallons of CSO overflow that's
avoided because of the Long Term Control Plan. So, you divide $200,000,000 by the
8,000,000,000 and you get a fourth(1/a) of a penny, I believe,per gallon as the cost-benefit
analysis. Then you figure out what the rainfall is per year, and you get one (1) gallon per square
foot of the pervious area, and that's what's before you. So, if you can get stuff off—or you can
get part of your impervious surface off of the combined system—you only pay for the square
footage that remains, going on the combined system. And it's a one (1) time fee. So, we think
that this gives a lot of clarity,because the old system was more up for interpretation regarding
feasibility—what was the threshold, what were the metrics? Here, we're looking at the benefits.
If it's more beneficial, if the cost is worth it: do it. We'll promote that. If it's not, we should have
some sort of off-ramp that makes sense.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to this bill.
Councilmember Jo M. Broden asked, Why the two-and-a-half(21/2) year delay on either of
these, and why can't it be implemented sooner? What's the consideration there?
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REGULAR MEETING October 9, 2017
Kieran Fahey, 404 Marquette Avenue, South Bend, IN, approached the podium to respond to
Councilmember Broden's question. Mr. Fahey stated, So,the existing ordinance that this is
replacing had already established that date, and the date is actually an awkward date of
November 23rd, 2020. So, we just round that out to the complete year of 2020, making it
December 31 st, 2020. Much of this is a long-term talk, so we're not trying to solve the problem
immediately today. We have got to make sure that the commercial businesses have an
opportunity to prepare for this and to plan accordingly.
Mr. Mueller stated, We'll clarify that we set the residential deadline to match the commercial
deadline. And then we're getting an additional year of free disconnects. What we did notice is
that this program, not everyone has awareness of it, and we really need to do a drive because this
mandate is going to come upon us, and we need to be prepared.
Councilmember Broden stated, That was my follow-up question: progress on residential and...
Mr. Fahey stated, Previously, we had two (2) dates. We had the date of December 31St, 2018
when all residents of South Bend had to be disconnected, and the commercial would get a longer
length of time, due to the fact that they are basically larger buildings and they had a lot more
work to do. We got an offer of free disconnection to the residences until the end of this year and,
so far, we have the resources to believe we can do this for another year to make sure that we can
get the final houses that are still connected. Then, we will give until 2020 for them to do it at
their own cost. We estimate that there are only about fourteen-or fifteen-hundred(1,400 or
1,500) homes in South Bend that are still connected that haven't either gotten an exemption or
haven't applied. We are targeting those homes specifically. So, we believe that we're at a very
high percentage of disconnections across the City, at the moment.
Councilmember Broden asked, Are those fifteen-hundred(1,500)—I mean, if we map those, is
there a concentration? And then—
Mr. Fahey interjected, Yeah,we've mapped that. We know exactly where the homes are. We
have a very simple smartphone app that we can use. With the property tax bills that went out last
year—every home in South Bend, actually organized through St. Joseph County, got a specific
notice they were notified,but all you have to do is call 311; there's no complicated process.
They just call 311, and, through that,they basically have to sign a small indemnity to say that the
City identified and we do disconnection. We estimate that we have fifteen-hundred (1,500)
homes. There's possibly between two-and-a-half(2 '/2), which is an odd number, obviously,but
between two (2) and three (3) downspouts per home. For the City, it costs about forty-three
dollars ($43)to disconnect. So,we've allocated the remaining budget this year that does not yet
count for next year, as well, and we're going to continue to target the specific individual homes.
We know exactly the ones that need to be disconnected.
Councilmember Tim Scott made a motion to send Bill No. 66-17 to the full Council with a
favorable recommendation. Councilmember Karen White seconded the motion which carried by
a voice vote of nine (9) ayes.
51-17 PUBLIC HEARING ON AN ORDINANCE 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, 2018 AND ENDING
DECEMBER 31, 2018 INCLUDING ALL
OUTSTANDING CLAIMS AND OBLIGATIONS,
AND FIXING A TIME WHEN THE SAME
SHALL TAKE EFFECT
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REGULAR MEETING October 9, 2017
Councilmember Karen White, Chair of the Personnel and Finance Committee,reported that they
met this afternoon and send this bill forward with a favorable recommendation. Councilmember
White stated for the record that the Personnel and Finance Committee, as of October 16th, 2017,
will have had seventeen(17) budget hearings. Councilmember White thanked the Council, the
Administration, heads of department, the City Controller, and the public for attending budget
hearings and for their input.
Pete Buttigieg, Mayor of the City of South Bend, with offices on the 14th Floor of the County-
City Building, South Bend, IN, served as the presenter of this bill. Mayor Buttigieg stated, I just
want to echo Chairperson White's expression of appreciation for everybody who worked on this,
including the committee, the Council, and everybody on the City team,too. There's been a lot of
public input, a lot of discussion, and a lot of work, as always. It feels like each passing year we
get I would like to believe we're getting better and better at making sure that we really look at
the budget from all angles and structure a process that creates maximum opportunity for the
community to show interest and really have that exchange of priorities between what
Councilmembers are hearing through residents and what we in the Administration were
forwarded. I think this is the best year yet, looking to 2018. So, thank you.
Mayor Buttigieg continued, There's a real emphasis on neighborhoods in the 2018 budget, and
making sure that on one hand we're taking advantage of some opportunities that we haven't had
before, or opportunities that are coming to us in new ways. We got chances to look at Parks and
Recreation assets, transportation and safety, human services in ways that it's really, I think,
compelling to be able to look at it all. So, a number of challenges have surfaced.None of these
things are completely new,but many of them have an emergency. So, even though the City
doesn't always have the lead on things like public health, we've come to realize that the City's
got to play a role, and we've allocated the resources in this budget to help us do our part.
Building largely on the priority-based budget exercise that we've undertaken together, we've
identified these areas of focus that account for most of the work and the resources that are
reflected in the budget: neighborhoods; public safety; health and human services; business
development and inclusive growth; capital investments to keep our City with the resources that
we need; quality of place—which is helping fuel the human side of economic growth—; regional
economic growth and cooperation, which I think has been unlocked to a new level by
opportunities like the Regional Cities support that we're getting from the State; and making sure
that in the City workforce itself we're supporting an effective,motivated, and healthy and happy
city with this.
Mayor Buttigieg continued, I have the Council priorities in my packet. To reiterate what we
heard loud-and-clear from the Council during all the discussions that came up: a real emphasis
on quality-of-life and neighborhoods, including making sure that there was the strongest possible
residential development from Community Investment and that for the most economically
challenged and historically excluded districts in the City, we are getting the attention that they
deserve and require, making sure that we pay attention to the affordability of housing, here;
expanding lighting, knowing that the Light Up South Bend initiative has been well-received and
is deserving of extension; resources for Code Enforcement; talking about what comes next after
the 1,000 Houses in 1,000 Days vacant and abandoned properties, as well as priorities like
economic development,public safety, and traffic patrols; Parks and Recreation; infrastructure;
attention to city borders; and diversity in the workforce. And these, of course, are the six (6)
major categories that appeared in our priority-based budgeting process that we developed in
partnership with the Council.
Mayor Buttigieg continued, Some of the new things—and the things that will probably command
the most attention because they represent large investments of resources: one (1) is the My SB
Parks and Trails Plan,which is now underway. We've got groundbreakings like Charles Black,
Howard Park, and other sites around the City. We're going to want to mention that we're really
talking a third, a third, a third in terms of where the resources come from. About a third from
outside sources like the Regional Cities funding, the Kate and Dan contribution, and the
University of Notre Dame—amounting to $12,100,00; a TIF commitment that amounts to
$14,000,000 if you combine the bond with the cash that was put forward; and then the parks
bond at$13,800,000—collectively, it represents the biggest investment in Parks and Recreation
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REGULAR MEETING October 9, 2017
that our city has yet seen. Also, of course, another high profile project that we think could be
economically transformative: that is the South Shore Relocation Project. We are also going to, as
impatient as we are, make sure that we reap those gains. We are making sure that we stop and
take a look at how we're doing it, where we're doing it—responsive to the recent Council
resolution calling on us to initiate a second study to make sure that the best possible route is
selected when it comes to the City supporting measures to speed up the train between South
Bend and Chicago.
Mayor Buttigieg continued, You'll see again a greater emphasis on public health—health and
human services, more broadly—recognizing that the City has a role to play here, from measures
to address lead exposure in children,residential lead mitigation with a mix of federal funds
which have benefited coming from the outside but were also restricted, and City funds which are
more flexible. They can be used, for example, on measures short of the federally required full
abatement on a home, which can be north of$20,000, but which we could use in 2018 to develop
some of the most promising ways to help home owners and families make sure that their homes
are safe from lead. We are also proposing to initiate a rental safety pilot program for inspections,
and allocate more resources for substance abuse and overdose issues that are affecting so many
communities, including ours.
Mayor Buttigieg continued, When it comes to early childhood education, our intent is to build
the capacity that we have in our mixed delivery system. What we see is that there are a lot of
different levels of quality when it comes to the Pre-K education system in our community. We
believe that an injection of resources from the City can help enhance the quality of some of the
centers that exist,paving the way for future expansions of actual seats and getting more kids
access to the program, and we know that if you don't have quality, you're often not going to be
able to succeed, no matter how many kids have access to the program. When it comes to
community-oriented policing and keeping with the group violence intervention that remains the
cornerstone of our strategy, we have identified funds to support a strategic focus outreach unit.
This is working with community partners to make sure that we're doing everything we can to cut
off crimes,to break cycles of violence. This involves what are called street workers and
supervisors, in partnership with Goodwill. We think this is really going to be a powerful resource
in trying to make sure that the City is going to become the exception to the rule of the cities
across the region or across the country,where we saw an uptick of violent crime last year and in
particular this year.
Mayor Buttigieg continued, And permanent supportive housing: making sure that we're doing
what we can to allocate funds for sheltering but also for trying to move people out of the cycles
that lead to homelessness, through scattered site permanent housing units as well as identifying
capital for a gateway shelter. Public safety always occupies the majority of the General Fund
portion of the budget. We're funding two-hundred and fifty-one (25 1)police officers and, I
should mention, we're needing to proactively recruit, because there remains a gap between the
number of officers we've been able to hire and move through in the Academy and the number
that are actually allocated—as well as all of the court programs that police maintain as part of
their year-to-year operations. Similarly, fire prevention, fire suppression and, in the case of South
Bend, emergency medical services, all contemplated as part of the Fire Department budget.
There's a capital item included in there—it's called the Hot Classroom—which is another
training resource that can help our firefighters prepare. Fire Station 9—which we think we've
found a good solution, after a lot of dialogue in the neighboring community—as well as a vehicle
refurbishment for an ambulance and medic vehicle and a new aerial truck, which the Fire
Department needs. It's very important for our ability to meet their mission.
Mayor Buttigieg continued, And, we have proposed to introduce the position of a Director of
Public Safety,with the goal of making sure that all the different public safety activities in the
City—Police, Fire,Emergency Medical Response,PSAP or a 911 center,the work that we do in
the County framework for the EMA, and anything else that may arise from crime prevention to
emergency preparedness—benefit from having a high level, integrated civilian oversight. We
also think, from studying places where this position has been used well,that there are potential
budget savings in the long-run available here. I would note that the proposal calls for a position
that would account for—if you divide it by the overall spend on public safety, it's 0.0017% of
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REGULAR MEETING October 9, 2017
the budget that is $67,400,000 when it comes to our public safety spending. We think there may
be room to optimize that spending, and if we can achieve even a one percent (1%) savings on a
$67,400,000 spend,that amounts to nearly $700,000 per year for this city. For this position,
there's no one-size-fits-all—some cities have moved in this direction, some cities have moved
away from this direction, and I just want to note a historical instance in which South Bend had
this position but has not for a very long time. There's also a great deal of interest in economic
development and job training. This is again responsive to what the Council has been calling for,
so I want to highlight that the Community Investment budget measures small business and
workforce development; the Pathways Program, which is moving more people into the
workforce and giving them the tools to do that; South Shore, which we talked about; and
continuing to drive efforts to make sure that our City Administration and our economic
participation as an administration reflects the diversity of the community that we serve. In
addition to the My SB Parks and Trails Plan that I highlighted earlier, you'll see continued work
on the City's cemetery, as well as a tree maintenance program that we think helps us keep our
natural assets in shape. And, I want to point out that there's been a continued interest in the
issues specific to downtown of homelessness and panhandling, and that this outreach coordinator
will be able to help us support our work there.
Mayor Buttigieg continued, Quality-of-life has been a consistent theme from the Council, when
we discussed our shared priorities. Again, things we heard loud-and-clear from the Council,
including the need for stronger residential options and open residence, attention to affordability,
more lighting, continued Code Enforcement development, and making sure that we can answer
the question of"What next?"when you have properties that are often vacant lots that no longer
have collapsing houses on them, but continue to pose a policy question in terms of their medium-
and long-term future. So, in the budget, you'll see funding for new housing—being able to
backstop financing that we think will leverage community resources. You'll see resources for
housing and rehabilitation,traffic-calming, support for the NRC to build up our neighborhood
associations, support for our making abandoned houses work, but again we're really moving to
the next chapter of that in making sure that we're able to provide more good answers for what
the future for some of these properties may be. Flashing beacons to enhance safety in school
zones; the Light Up South Bend Program initiated by Councilmembers,which has been a big
success; and a move to support historic preservation, which has been recently overseen by the
County, but we've arranged, in dialogue with the County, a proposal that would see that
overseen through the City through the Department of Community Investment. It adds to our
budget but we also think that it adds to our ability to provide quality-of-life and vibrant,
welcoming neighborhoods.
Mayor Buttigieg continued, We have funded medium channelization devices, out of interest from
the Council in expanding quiet zones. It's probably a good moment to offer the update that it
appears that the railroads have decided to exhaust, until the last possible moment, their window
for complying with the quiet zone. This is despite some repeated and, I would say, lively
conversations between me and other members of the Administration and railroad officials. So,
their interpretation of the quiet zone guidance is that they would have until 11:59 p.m. this
evening. If it goes one (1) minute later than that, we will be aggressively and proactively
communicating with those federal officials and railroad officials tomorrow morning to figure out
why they're not complying. But, our full expectation is that at midnight tonight, in all of the
areas that comprise the quiet zone,that the train horns will cease sounding. But Councilmembers
have asked the question if there are some parts of the City that are quiet zones, why not other
parts of the City? So,we are initiating,with some funds, to begin some of the medium
channelization that's needed. I do not need to promise that we can do this in one (1) year or we
can do this with one (1) appropriation—we do think this paves the way for that work. There's
also an opportunity to enhance the streetscape at the Lincoln Way and Charles Martin Drive
intersection. We are fully funding the Curbs and Sidewalks Program, which Councilmembers
have repeatedly stressed as important to the neighborhoods and constituents. We're doing energy
savings contracts, and they've gotten more important in light of recent news that suggests that
cities are going to have to lead the way on climate. I do want to mention that you're going to see
big numbers here, but those are structured in such a way that the City collects the returns and
should be made more than whole, as we work with contractors to structure energy savings
9
REGULAR MEETING October 9, 2017
contracts. There's also green stone-water infrastructure that ties in with our Long Term Control
Plan, but also can offer benefits to the neighborhoods. And, of course, we continue to support our
water and waste water work through the fees that go on to the water and sewer bill.
Mayor Buttigieg continued, Another priority identified in the priority-based budget is to make
sure that all of our residents are empowered with education, mobility, and technology. So, some
of the things that you will see reflected in the budget speak to that: a dual high school credit
program that does career development and a kind of early window on the Fire Department
recruiting at the same time; a new scholarship fund through the Venues, Parks, and Arts
program, making sure that there's access for people of all backgrounds. The build out of our
metronet, which is, I think sometimes,the best-kept secret in South Bend. A lot of cities are
racing to develop dark fiber infrastructure. We've already got it, but we've got an opportunity to
connect more City assets—like parking garages, parks buildings, fire stations—in order to save
the City money in the long-run on internet connection by tapping into this resource that we
already have. In the spirt of digital inclusion, building on what we've already done with the
downtown wireless canopy and Charles Black and the MLK Center—looking at neighborhood
centers where we can add the free WiFi that the City provides. We continue to fund diversity
efforts for the City workforce, with recruitment training and intern programs for diversity in
inclusion, as well as an employee recognition program that we think has already allowed us to do
a better job of making sure that we support our employees. We're excited to make sure that
we're able to carry that forward. And probably the biggest thing we're doing to be a great
employer for great employees is delivering paid parental leave for either parent. All full-time
employees should be covered. We believe that we've allocated enough resources to allow us to
do this. This is sort of the logical next step, in our perspective,to the ten-ten(10.10), which, at
the Council's urging, we wound up delivering in two (2) years rather than three (3). Now,we
want to make sure that we are leading by example, so that when we go around saying to
employers that South Bend ought to have paid parental leave that, first of all, we've literally put
our money where our mouth is, and we think it's not only going to make our workforce better
off,but also our community.
Mayor Buttigieg continued, We will, as you probably know, be integrating the way that
purchasing is done in the City's central services operation. We think that this streamlined
approach for purchasing will probably unlock savings we weren't able to see before, and
continue to build employee career paths in performance management. There's something of a
heart transplant going on in the City's IT backbone: the ERP System, which will come to replace
Naviline. If you talk to any City employees who ever worked with Naviline, you know that we're
overdue for a modernization of that system. We think it will, again, lead to a lot of benefits and a
lot of savings, but it's a major undertaking which is being contemplated in this budget. I also just
want to highlight some of the payoff, because these are all some of the internal measures within
the Administration. One (1) good example is our claims. So, if you look at this year so far,
$160,000 in claims have been paid by the City. This could be anything from when you have
some claim of damage done by the City in routine vehicles making their rounds all the way
through to maybe a high profile legal settlement. This is down from $331,000 last year and over
$1,000,000 less than it was just a few years ago. So, good work across the Administration, not
just by the Legal team, but, I would say,training a better HR, a better practices in
communication safety and risk across the Administration is yielding savings that have allowed us
to see the claims on the Liability Fund-226 in the budget—get fewer and fewer, which we're
very happy to see.
Mayor Buttigieg continued, I don't want to walk you through anything too technical,but, for the
record, I wanted to make sure that this is in there. Just stating, again,that there's been a thorough
process that we appreciate and that there are one-hundred and seven(107) actual funds, but we
really tried with the Priority-Based Budgeting exercise, to begin talking not line-by-line or fund-
by-fund but line-of-effort-by-line-of-effort and explain what we're doing and what our activities
are, so we're in a better position to report how much we spend, for example, on filling the pot
holes or plowing a block-worth of snow, rather than simply having a line item for personnel
somewhere, a line item for supplies somewhere else, and then trying to figure it out. So, this
bring us to this evening, October 9t', 2017, the public hearing on the budget. As of now, the
budget would be scheduled at the subsequent Council meeting, and, of course, we have until
10
REGULAR MEETING October 9, 2017
November 1St, 2017 under State law to make a decision on adopting the 2018 Budget, so that it
can be certified on time. If you want know anything about revenues and expenditures, you can
ask. The short answer is that, in the budget this year, you'll see General Fund went up, you'll see
special revenue funds down—some of that has to do with changes from year to year in timing
our grants—and overall,this amounts to a$387,350,000 budget.
Mayor Buttigieg continued, Here's our annual reminder that we're facing a predicted cut in
revenues in 2020, when the remaining piece of the property tax reform that we've gone through
as a state kicks in and affects South Bend. We try to get the estimates revised at least every year
based on the latest actuals. The current estimate is that you will see a$2,440,000 estimated
reduction in 2020. If you included TIF,that would add another$1,370,000. So, these are not
apocalyptic numbers, but they definitely require attention. Income tax revenue has actually been
looking better and better, but you don't want to count on it because it's so vulnerable,the
economic cycle. In a recession, you would see the impact on income tax revenue almost
immediately. But the continued economic recovery nationally and locally has benefited us as we
continue to estimate growth in that area for 2018. A quick note on full-time positions. Again,
overall, generally down over the life of this Administration, but there is an increase of ten(10)
compared to 2017. That includes police civilian positions,the City takeover at HPC, the Public
Safety Director that I spoke about earlier, a core admin function spread across HR, IT, and in
Finance, Building Inspector and two (2) Code Enforcement Inspectors that were part of the rental
inspection program, as well as an Asset Director in Public Works and in Civic Innovation. Then
you subtract two (2) parks rangers and there's one (1) retirement in Human Rights that did not
require replacement due to a rebalancing of the workload. So,we continue to operate as a leaner,
thinner City than we were just a few years ago, but we hope that residents find that those limited
resources continue to be served well. About two-thirds of our employee base are in bargaining
units represented by a union—about half of our people in Public Safety, about a quarter in Public
Works, and all the rest of us fall in balance.
Mayor Buttigieg concluded, This was just a reminder that the City once again got the Budget
Presentation Award. The budget book should be available in 2018. One (1) of the reasons why
we pay such close attention to our cash balances, I wanted to mention this the City, once again,
has a AA rating. That is the envy of most cities our size in Indiana. It puts us among the top
handful. That's a credit to the difficult decisions that are made by this Council and prior
Councils, and then this Administration and prior Administrations. It's very important to us to
continue to keep that up. So, department representatives are here to assist with any more detail.
Councilmember Jo M. Broden asked if the Administration would consider setting the
Redevelopment Commission's meetings later in the day such that more members of the public
can attend those meetings.
Mayor Buttigieg responded, The role of the Redevelopment Commission is incredibly important.
Obviously, accountability is one (1) of the five (5) stated values of this Administration, so I want
to make sure that it's as transparent as possible. I think the concern that you're mentioning has to
do with even though open to the public and the media, is there another time of day that would
lead to more public participation? So, I'm very open to having a dialogue about what we can do
to address that.
Councilmember Oliver Davis asked if Mayor Buttigieg could ensure that the delay on the South
Shore relocation be reflected in the budget.
Mayor Buttigieg responded that he would make sure to do so.
Councilmember Davis asked if WiFi would be established in South Bend parks.
Mayor Buttigieg responded, I'm getting the nod. So, yes.
Santiago Garcias, Chief Innovation Officer of the City of South Bend, with offices on the 12th
Floor of the County-City Building, South Bend, IN, stated,Not all of the parks have the type of
infrastructure where we can locate equipment at this point, but all of the ones that have that
infrastructure will be getting connected. We're working on making sure that WiFi is available
there.
11
REGULAR MEETING October 9, 2017
Councilmember Davis asked, What are we doing in this budget to prepare for the 2020 issue that
you just raised? You don't have to answer tonight. What's in the budget that helps, regarding the
CSO?And also, given what's happened today on the federal level, with how President Trump's
team changed that with the EPA, how does that affect our financial plans when it comes down to
our CSO issues? What are we doing? How does our budget affect that? The panhandling issue:
what are some considerations moving through the position in order to not only address
downtown issues but citywide issues? Those are my key issues.
Mayor Buttigieg stated that he would be sure to get back to Councilmember Davis regarding the
issues he raised.
Councilmember Karen White thanked the Administration for the fact that the budget reflects a
good deal of the Council's priorities. Councilmember White stated, I can say that for the last
three (3) years,we've been really wanting to address those quality-of-life issues, from curbs to
sidewalks,to housing just ensuring that our neighborhoods are safe and that they are thriving
as well. You don't have to answer this now, but in terms of early childhood education, do you
have certain centers you are looking at? How do you plan to interface the $100,000? Where will
those dollars be placed and what are your outcomes?
Mayor Buttigieg responded, The very short answer is that we don't have predetermined who we
are going to work with, but the focus would be tied to the past equality metrics. So, every early
childhood center gets a rating from one (1)to four(4), where four (4) is of the highest quality
and one (1) is, essentially,that it's safe as a daycare. Our focus would be on moving our existing
center to up that past equality metric. You can get a three (3)to a four(4);you can get a two (2)
to a three (3).
Councilmember White stated, That would be helpful. Councilmember White asked regarding the
Historic Preservation Commission, I know that we've been having discussion within the budget
hearings, but what would that look like, in terms of actually integrating one (1)particular office
within the City, and what are our expected outcomes, and how would we know that we've been
successful?
Mayor Buttigieg made note of Councilmember White's questions.
Councilmember Regina Williams-Preston asked, What does the $600,000 for community
policing mean?Where is the money in the budget to fund the peace-building end to reducing
violence? We have lots and lots of organizations who come before this Council, different
committees, to talk about their work. So, I'd like to learn more about how we're partnering with
them. I'm still very interested in learning more about how we can reconsider what we're doing in
terms of our Citizen Review Board. I don't think it will take a lot of money. I think it will take a
commitment from this Administration to listen and to hear what the community has asked for.
I'd really like to see some language in here that addresses that and makes a commitment to next
year, coming together and figuring out how we can be more responsive to that peace. So, if we're
going to get an administrator downtown that's addressing public safety, what I want to know—
and what I think the people that we represent want to know—is: how is that really affecting my
life every single day, on the street, in our community? Councilmember Williams-Preston thanked
the Administration for their neighborhood prioritizing, adding that she would like to see an
increase in funds allocated toward Curbs and Sidewalks.
Mayor Buttigieg made note of Councilmember Williams-Preston's questions.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Those from the public wishing to speak in favor of this bill:
Steven Holmes, 1941 East Donald Street, South Bend, IN, stated that he was generally in favor
of the budget, but that he was worried that the South Shore project is too expensive a project
given that it only shortens the duration of the train ride by ten(10) minutes. Mr. Holmes stated
that if federal money does not come in for the project that City money should be diverted
elsewhere. On the other hand, if funding goes as planned, Mr. Holmes stated that he thought it
was a good use of City dollars.
12
REGULAR MEETING October 9, 2017
Marty Wolfson, 809 Park Avenue, South Bend, IN, congratulated the Administration for a
sincere effort in trying to solve the issues of neighborhoods, affordable housing, lead, and early
childhood education. Mr. Wolfson also commended the Administration for looking at alternative
sites for the South Shore project. Mr. Wolfson echoed Councilmember Jo M. Broden's statement
regarding the Redevelopment Commission, stating that, aside from rescheduling the meetings for
later, he recommended allotting more time in the meetings to public participation.
Those from the public wishing to speak in opposition to this bill:
Sharon Banicki, 3822 Ford Street, South Bend, IN, stated that she did not agree with individuals
taking on raises by changing the title of their jobs, especially in cases where the new job does not
lead to the removal of the old job from the budget. Ms. Banicki took issue with the notion of
there being spokespeople for Public Works and Public Safety, stating that there is "too much
fluff' in the budget, as a result.
Sergeant Dan Demler, South Bend Police Department, with offices at 711 Sample Street, South
Bend, IN, stated that the money that would be spent on a Public Safety Director would be better
spent elsewhere—such as the hiring of new dispatchers. Sergeant Demler stated that the Public
Safety Director did not work in the past, emphasizing that the job descriptions for the Public
Safety Director and the Chief of Police overlapped too much. As such, a Public Safety Director
would cause too much operational confusion.
Councilmember Tim Scott made a motion to send Bill No. 51-17 to the full Council with a
favorable recommendation and continue the bill in the Council portion only of the October 23rd
2017 Common Council meeting. Councilmember Karen White seconded the motion which
carried by a voice vote of nine (9) ayes.
52-17 PUBLIC HEARING ON AN ORDINANCE 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 1,2018 AND ENDING
DECEMBER 31, 2018 INCLUDING ALL
OUTSTANDING CLAIMS, AND
OBLIGATIONS,AND FIXING A TIME WHEN
THE SAME SHALL TAKE EFFECT.
Councilmember Karen White, Chair of the Personnel and Finance Committee,reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Jeri Hockenhull, City Controller, with offices on the 12th Floor of the County-City Building,
South Bend, IN, served as the presenter of this bill. Ms. Hockenhull stated that she echoes the
statements made by Mayor Pete Buttigieg in his summary presentation of the 2018 Budget of the
City of South Bend.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to this bill.
Councilmember Tim Scott made a motion to send Bill No. 52-17 to the full Council with a
favorable recommendation and continue the bill in the Council portion only of the October 23ra
2017 Common Council meeting. Councilmember Karen White seconded the motion which
carried by a voice vote of nine (9) ayes.
5947 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE
13
REGULAR MEETING October 9, 2017
ANNUAL SALARY FOR THE SOUTH BEND
CITY CLERK FOR CALENDAR YEAR 2018
Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Kareemah Fowler, City Clerk, with offices on the 4th Floor of the County-City Building, South
Bend, IN, served as the presenter of this bill. Clerk Fowler stated, Dear Councilmembers,
submitted for your consideration is the ordinance that sets the salary for the South Bend City
Clerk for the 2018 calendar year. This ordinance increases the Clerk's salary for 2018 by two
percent(2%) and is congruent with the proposed increase for other non-bargaining employees
and other elected officials. So, I ask for your consideration today and I thank you in advance.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to this bill.
Councilmember Tim Scott made a motion to send Bill No. 59-17 to the full Council with a
favorable recommendation. Councilmember Karen White seconded the motion which carried by
a voice vote of nine (9) ayes.
60-17 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE
ANNUAL SALARY FOR THE COMMON
COUNCIL MEMBERS FOR CALENDAR YEAR
2018
Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Tim Scott, President of the Common Council of the City of South Bend, 711 Forest Avenue,
South Bend, IN, served as the presenter of this bill. Councilmember Scott stated, Before you is
an ordinance to set the maximum increase for overall salary for the Common Council at two
percent (2%) in conjunction with everybody else within the City. The 2017 salary is $19,030—
and going to 2018 at$19,411.
This being the time heretofore set for the Public Hearing on the above bill,proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to this bill.
Councilmember Randy Kelly made a motion to send Bill No. 60-17 to the full Council with a
favorable recommendation. Councilmember Karen White seconded the motion which carried by
a voice vote of eight(8) ayes and one (1) nay(Councilmember Tim Scott).
61-17 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE
ANNUAL SALARY FOR THE MAYOR FOR
CALENDAR YEAR 2018
Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Jen Hockenhull, City Controller, with offices on the 12th Floor of the County-City Building,
South Bend, IN, served as the presenter of this bill. Ms. Hockenhull stated, We are respectfully
requesting, as with other elected officials enlisted in the non-bargaining City workforce, a two
percent(2%) salary increase for the Mayor,taking it up to $108,710 for 2018.
14
REGULAR MEETING October 9, 2017
This being the time heretofore set for the Public Hearing on the above bill,proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to this bill.
Councilmember Oliver Davis made a motion to send Bill No. 61-17 to the full Council with a
favorable recommendation. Councilmember Karen White seconded the motion which carried by
a voice vote of nine (9) ayes.
62-17 PUBLIC HEARING ON AN ORDINANCE
FIXING MAXIMUM SALARIES AND WAGES
OF APPOINTED OFFICERS AND NON-
BARGAINING EMPLOYEES OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE
CALENDAR YEAR 2018
Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with no recommendation.
Jeri Hockenhull, City Controller, with offices on the 12th Floor of the County-City Building,
South Bend, IN, served as the presenter of this bill. Ms. Hockenhull stated, We have submitted
our list of online bargaining and appointed salaries, with a majority of them at two percent(2%).
Those that were over two percent (2%) and the new positions were listed separately on a list
given to the Council on September 25th, 2017. I would also like to point out that within the
wording in the salary ordinance, we also included information on parental leave. That's the only
new thing for this.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
There were none from the public who wished to speak in favor of this bill.
Those from the public wishing to speak in opposition to this bill:
Sue Kesim, 4022 Kennedy Drive, South Bend, IN, stated, I would ask that the Council give more
time and leave public input open on the salary issues, since there are some things that the
Citizens Budget Committee would like to present to the Council for review. So, I would
appreciate leaving the public part of it open. Thank you.
Councilmember John Voorde stated, For several years now, we've just given straight percentage
increases to the entire workforce, which is fine. There are times in the past where we've given, at
some threshold, a dollar amount to—I'm just going to make this up—say,people who make over
$50,000 a year would get five-hundred dollars ($500), and people who make less than that would
get a percentage, which would sort of even things out a little bit. We've done that in the past in
South Bend a number of times, and I noticed in the newspaper that Mishawaka did that this year.
So, I think that's something we should just consider next year.
Councilmember Gavin Ferlic stated, Although the public portion will be closed for comments
next meeting, the Council can still receive information that is submitted to the Council prior to
the meetings. Also, I believe there's going to be a meeting next Monday to address a number of
other budget items, so there will be an opportunity there to comment, but also if you'd like to
submit information before that meeting.
Councilmember Tim Scott stated, And it's still open for an amendment and substitutes.
Councilmember Ferlic responded, It is still open for amendments and substitutes, but in terms of
public comment, there will be none in two (2)Mondays. There will still be opportunities to
submit information and public comment next Monday.
Councilmember Oliver Davis asked, If we close the public hearing tonight, how does that affect
Monday night's meeting?
15
REGULAR MEETING October 9, 2017
Councilmember Ferlic responded, It does not affect it on the committee level. At the committee
level, you can still have public comment, it just closes it at the full Council.
Councilmember Davis asked, So, we can still have public comment on Monday night?
Councilmember Scott responded,At the committee meeting.
Councilmember Davis asked, Second thing, now, you just mentioned about amendments: so, if
there are changes to the bill,that does not generate a public action?
Councilmember Ferlic responded,No, not when the change is in the public portion only.
Councilmember Dr. David Varner stated, I wanted to piggyback on Mr. Voorde's comments. It
wasn't that many years ago—like maybe ten(10) or twelve (12)—when we had this huge
discussion regarding the fact that there appeared to be extraordinary pay gaps between the
highest paid and the lowest paid employee. We then later embarked on this two percent(2%) as a
fairly consistent number. The math is a pretty simple deal: two percent(2%) of a larger number
is always a larger number. So, if we continue this without doing some changes, like Mr. Voorde
has suggested, that gap just gets larger. So, I think, in a discussion in the future, I'm not sure
what the appropriate approach would be—they're probably various—but I think that deserves
some consideration.
Councilmember Davis stated, We had a discussion on that a few years ago. We talked about
merit and a scale—but I don't know how that whole discussion ended or what stopped it.
Councilmember Karen White responded, If I recall correctly, a consultant was going to be
brought in for a study looking at the different salary levels and how best to deal with the gap—
and you're correct: the higher your salary is, the two percent(2%) has a greater impact than
those at the lower levels. I thought that we were looking at bringing in a consultant and I don't
know if that actually occurred, and, if so, what the recommendations were.
Councilmember Davis requested of Clerk Fowler and the Administration a review of the minutes
of Common Council meetings addressing the City budget, with the aim of rediscovering some of
the intended solutions to the pay gap problem that, since, have not been explored.
Councilmember Jo M. Broden asked, So,there are a number of positions—Forensic Lab Tech,
Forensic Scientist, Scientist-et-cetera, Fingerprint Examiner—could you please remind me and,
perhaps, the public as to where those are located?Are they now civilian positions that were
formally police? Do these recommendations on the salary adjustments—have they been market-
tested?Are they comparable to what other individuals are doing in neighboring communities?
How are they aligned with our strategic plan, in order to try to move some things more that
civilians could and maybe should do within the Police Department? I know it's loaded, but...
Captain Christopher Voros, South Bend Police Department, 701 West Sample Street, South
Bend, IN, stated that this bill concerns itself with the salaries of the Lab Division of the Police
Department. Captain Voros stated that a study had been done of the civilian employees of the
Department which revealed that, compared to officers,they were "woefully underpaid." Captain
Voros also stated that the Lab Division salaries were well behind the state and national average,
and that the Department aims to close that gap so as to keep South Bend Police Department
civilian jobs competitive.
Councilmember Broden asked, So, if I heard you correctly, does this close the gap? Or, where
does it get us relative to that parity with—
Captain Voros responded that the majority of civilians were taken care of in the previous year.
Captain Voros stated, We're just trying to get competitive nationally, and even within Indiana.
Councilmember Broden asked, Are there any vacancies, currently, in these specialized positions
or not? They're all filled?
Captain Voros responded, Currently, they are filled or in the process of being filled.
Councilmember Tim Scott made a motion to send Bill No. 62-17 to the full Council with a
favorable recommendation and continue the bill in the Council portion only of the October 23`a
16
REGULAR MEETING October 9, 2017
2017 Common Council meeting. Councilmember John Voorde seconded the motion which
carried by a voice vote of nine (9) ayes.
63-17 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA FIXING MAXIMUM
WAGES OF TEAMSTER EMPLOYEES FOR
CALENDAR YEARS 2017-2020
Councilmember Karen White, Chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Jen Hockenhull, City Controller, with offices on the 12th Floor of the County-City Building,
South Bend, IN, served as the presenter of this bill. Ms. Hockenhull stated, We are asking you to
ratify the 2017-2020 Teamster Agreement. The only difference between what was filed last year
and this year is that it includes the longevity that was included in the Teamster contract,however
didn't make it in the ordinance that was submitted to the Council last year.
This being the time heretofore set for the Public Hearing on the above bill,proponents and
opponents were given an opportunity to be heard.
There were none from the public who wished to speak in favor of this bill.
Those from the public wishing to speak in opposition to this bill:
Sharon Banicki, 3822 Ford Street, South Bend, IN, stated, If the sheet I've got's correct, you
should be proud of yourself. You're giving Teamsters .75%raises while everybody else is taking
at least two percent(2%). Way to look out for the little man. Thanks.
Councilmember Jo M. Broden stated, Since there isn't a representative here and I did sit on this
bargaining process with the Teamsters: it was an excellent process in terms of involvement of the
Council, the number of meetings,the expertise of the financial staff. The component of longevity
was actually something that was creatively put in to address the Teamsters' specific needs for
their membership. I liked how nimble we were and how well the process played out, and just the
terrific work by both our Board of Works staff—outstanding work—and our financial staff. So,
one (1) year after the process, I felt it was important to state that again.
Councilmember Tim Scott stated, I would like to say that the Teamsters, with a complete union,
ratified that contract, whatever that dollar amount is.
Councilmember Oliver Davis asked, Do we need—is there any thought or any need to delay? Or
do we just need to move forward, because they don't have a representative here? Does that
matter?
Councilmember Gavin Ferlic responded, The Teamsters are ratified.
Councilmember Davis asked, They're already ratified?
Councilmember Ferlic responded, Yes.
Councilmember Davis asked, Okay, so, with their ratification—I just want it to be clear for those
in the public, including Ms. Banicki—they accepted this agreement themselves? So, it's not that
we are trying to put them down in any way. This is what their labor agreement accepted. I wish
they were here to voice that concern, but they have done that on record in the past.
Councilmember Scott stated, And they were given a four(4) year deal where the two percent
(2%)that's here today might not be there tomorrow.
Councilmember Tim Scott made a motion to send Bill No. 63-17 to the full Council with a
favorable recommendation. Councilmember Oliver Davis seconded the motion which carried by
a voice vote of nine (9) ayes.
17
REGULAR MEETING October 9, 2017
64-17 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RE-AFFIRMING
ORDINANCE NO. 10472-16 AND FIXING THE
ANNUAL PAY AND MONETARY FRINGE
BENEFITS OF SWORN MEMBERS OF THE
SOUTH BEND POLICE DEPARTMENT FOR
CALENDAR YEAR 2018
Councilmember Karen White, Chair of the Personnel and Finance Committee,reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Jen Hockenhull, City Controller, with offices on the 12th Floor of the County-City Building,
South Bend, IN, served as the presenter of this bill. Ms. Hockenhull stated, We just ask for the
Council to reaffirm the contract that was negotiated last year through 2020.
This being the time heretofore set for the Public Hearing on the above bill,proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to this bill.
Councilmember Tim Scott made a motion to send Bill No. 64-17 to the full Council with a
favorable recommendation. Councilmember Karen White seconded the motion which carried by
a voice vote of nine (9) ayes.
65-17 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,FIXING THE
ANNUAL PAY AND MONETARY FRINGE
BENEFITS OF SWORN MEMBERS OF THE
SOUTH BEND FIRE DEPARTMENT FOR
CALENDAR YEARS 2018, 2019, 2020 AND 2021
Councilmember Tim Scott made a motion to continue Bill No. 65-17 until October 23`d, 2017.
Councilmember Karen White seconded the motion which carried by a voice vote of nine (9)
ayes.
BILLS CONTINUED IN COUNCIL-ONLYPORTION
Councilmember Karen White made a motion to enter into the Council-only portion of the
meeting. Councilmember Oliver Davis seconded the motion which carried by a voice vote of
nine (9) ayes.
50-17 AN ORDINANCE 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 THE CIVIL
CITY OF SOUTH BEND FOR THE FISCAL
YEAR ENDING DECEMBER 31, 2018
Councilmember Tim Scott made a motion to send Bill No. 50-17 to the full Council with a
favorable recommendation. Councilmember Karen White seconded the motion which carried by
a voice vote of nine (9) ayes.
18
REGULAR MEETING October 9, 2017
54-17 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING,ADOPTING AND
APPROVING THE SOUTH BEND PUBLIC
TRANSPORTATION CORPORATION' S 2018
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, 2018
Councilmember Oliver Davis stated, This budget has been presented, and our Controller is here,
and I think it is going to continue to move us forward to have good transportation here in our
City of South Bend and in Mishawaka.
Councilmember Tim Scott made a motion to send Bill No. 54-17 to the full Council with a
favorable recommendation. Councilmember Karen White seconded the motion which carried by
a voice vote of nine (9) ayes.
RISE AND REPORT
Councilmember John Voorde made a motion to rise and report to the full Council.
Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9)
ayes.
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the
Council Chambers on the fourth floor of the County-City building at 8:52 p.m. Council President
Tim Scott presided with nine (9)members present
BILLS—THIRD READING
BILL NO.
48-17 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,AMENDING A
SECTION OF CHAPTER 2, ARTICLE 6 OF THE
SOUTH BEND MUNICIPAL CODE
PERTAINING TO TAX ABATEMENTS
Councilmember Oliver Davis made a motion to accept Substitute Bill No. 48-17 as amended in
the Committee of the Whole. Councilmember John Voorde seconded the motion which carried
by a voice vote of nine (9) ayes.
Councilmember Karen White made a motion to pass Substtute Bill No. 48-17. Councilmember
Dr. David Varner seconded the motion which carried by a roll call vote of nine (9) ayes.
59-17 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE
ANNUAL SALARY FOR THE SOUTH BEND
CITY CLERK FOR CALENDAR YEAR 2018
19
REGULAR MEETING October 9, 2017
Councilmember Oliver Davis made a motion to pass Bill No. 59-17. Councilmember Gavin
Ferlic seconded the motion which carried by a roll call vote of nine (9) ayes.
60-17 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE
ANNUAL SALARY FOR THE COMMON
COUNCIL MEMBERS FOR CALENDAR YEAR
2018
Councilmember John Voorde made a motion to pass Bill No. 60-17. Councilmember Oliver
Davis seconded the motion which carried by a roll call vote of eight(8) ayes and one (1)nay
(Councilmember Tim Scott).
61-17 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE
ANNUAL SALARY FOR THE MAYOR FOR
CALENDAR YEAR 2018
Councilmember Karen White made a motion to pass Bill No. 61-17. Councilmember John
Voorde seconded the motion which carried by a roll call vote of nine (9) ayes.
63-17 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA FIXING MAXIMUM
WAGES OF TEAMSTER EMPLOYEES FOR
CALENDAR YEARS 2017-2020
Councilmember Karen White made a motion to pass Bill No. 63-17. Councilmember Oliver
Davis seconded the motion which carried by a roll call vote of nine (9) ayes.
64-17 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,RE-AFFIRMING
ORDINANCE NO. 10472-16 AND FIXING THE
ANNUAL PAY AND MONETARY FRINGE
BENEFITS OF SWORN MEMBERS OF THE
SOUTH BEND POLICE DEPARTMENT FOR
CALENDAR YEAR 2018
Councilmember Karen White made a motion to pass Bill No. 64-17. Councilmember Gavin
Ferlic seconded the motion which carried by a roll call vote of nine (9) ayes.
66-17 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND,INDIANA,AMENDING THE
SOUTH BEND MUNICIPAL CODE AT
CHAPTER 17, ARTICLE 1, SECTION 17-4 TO
ADDRESS PROCEDURES FOR DOWNSPOUT
DISCONNECTIONS
Councilmember Gavin Ferlic made a motion to pass Bill No. 66-17. Councilmember Karen
White seconded the motion which carried by a roll call vote of nine (9) ayes.
20
REGULAR MEETING October 9, 2017
50-17 THIRD READING ON AN ORDINANCE 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 THE CIVIL CITY OF SOUTH
BEND FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2018
Councilmember Gavin Ferlic made a motion to pass Bill No. 50-17. Councilmember Oliver
Davis seconded the motion which carried by a roll call vote of nine (9) ayes.
54-17 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROPRIATING,
ADOPTING AND APPROVING THE SOUTH
BEND PUBLIC TRANSPORTATION
CORPORATION' S 2018 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, 2018
Councilmember Oliver Davis made a motion to pass Bill No. 54-17. Councilmember Gavin
Ferlic seconded the motion which carried by a roll call vote of nine (9) ayes.
RESOLUTIONS
BILL NO.
17-57 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS FOR THE
PROPERTY LOCATED AT 211 W. MONROE
STREET
Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee,reported that
they met this afternoon and send this bill forward with a favorable recommendation.
Chuck Bulot, Building Commissioner,with offices at 125 South Lafayette Boulevard, South
Bend, IN, served as the presenter of this bill. Mr. Bulot stated,At the October 4th, 2017 meeting
of the Area Board of Zoning Appeals, a petition for a special exception use for a temporary
group residence from December 1St, 2017 through April 1 St, 2018 was heard and comes to you
with a unanimous favorable recommendation.
Daniel Vanderveen, Hope Ministries, 432 South Lafayette Boulevard, South Bend, IN, served as
the petitioner of this bill. Mr. Vanderveen stated, Our intent is to use this building for weather
amnesty. This winter, as you know,we have homeless individuals living on our streets and in the
winter we as a community need to provide them with housing to keep them from dying on our
streets. We used this building last year under the emergency exception. We need to use it one (1)
more year. We're working with the City—the Mayor mentioned an initiative to house folks
permanently, but we know we need to do this again this year.
21
REGULAR MEETING October 9, 2017
Councilmember Gavin Ferlic asked, I wasn't here for the committee meeting—I thought there
was a clear understanding that this was only going to be a one (1) year exception. I have to
apologize for missing the committee meeting. You might have addressed that, but what is the—
Mr. Vanderveen responded, We met with all of the neighbors around, and the neighboring
businesses that weren't in favor of us doing this—I think what the community recognized is that
we're not providing weather amnesty,the problems to our downtown businesses are worse. So,
we're trying to be very proactive in working with our neighbors and the business community.
We know the long-term solution is to get people off the streets permanently. I think what the
business community has recognized is things got a lot better on December 1St, 2017 when we
opened this building. Their feedback to us is let's do it again this year, because we need to do it.
Councilmember Dr. David Varner stated, Just so Mr. Ferlic knows, I specifically asked the
question, "What was the long-term and what's the planned use for this?" and the gentleman
assured us that this is the last year of its use as a shelter. I also asked, "Provided the resources to
purchase it—if and when the intent is to sell it, as I recall—will the City be reimbursed?"His
response was that either it will be used for a new proposed project or, depending on the City's
wishes, it could be later determined. There were some people in the area that were concerned that
this was going to morph into another long-term unit in the same area. I don't think that was the
intent, when it came about.
Mr.Vanderveen stated, And that's why we put the specific dates in the zoning exceptions. We're
not required to,but that's why we put them in there—to verify that that's our intent.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to this bill.
Councilmember Randy Kelly made a motion to adopt Bill No. 17-57. Councilmember Oliver
Davis seconded the motion which carried by a roll call vote of nine (9) ayes.
17-60 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 325 SOUTH
WALNUT STREET, SOUTH BEND, INDIANA
46617 AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF A (5) FIVE-YEAR
PERSONAL PROPERTY TAX ABATEMENT
FOR MASTERBILT, INCORPORATED
Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Dan Buckenmeyer, Director of Business Development, the Department of Community
Investment, with offices on the 10 Floor of the County-City Building, South Bend, IN, served
as the presenter of this bill. Mr. Buckenmeyer stated, Masterbilt has been a South Bend business
since 1941, so it's an honor to work with them and partner with them to help them experience
some incremental growth. They have evolved into an advanced manufacturer, making precision
parts, serving a lot of other, larger South Bend companies with parts and so on. They are seeking
assistance, as they invest over$500,000 in a few new pieces of equipment, and create at least
two (2)new advanced manufacturing jobs that will pay at least eighteen dollars ($18)an hour.
Working with them,we propose a five (5) year tax abatement, over which time the petitioner will
recognize savings totaling approximately $16,000. The petitioner will still contribute by paying
approximately$25,000 in taxes during this time. We respectfully ask the Council to approve this
abatement and assist a legacy business in South Bend as they continue to grow.
22
REGULAR MEETING October 9, 2017
Rob Michalak,Vice President of Masterbilt Inc., 325 South Walnut Street, South Bend, IN,
served as the petitioner of this bill. Mr. Michalak stated, We've won some new business over the
past year and a half, so, seeing a trend in aerospace of complex parts for a cheaper cost,we've
identified some equipment that will help us be more cost effective and advance our technological
capability. So,these jobs will be of a higher grade, technically, so with a higher pay.
This being the time heretofore set for the Public Hearing on the above bill,proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to this bill.
Councilmember Oliver Davis made a motion to adopt Bill No. 17-60. Councilmember Gavin
Ferlic seconded the motion which carried by a roll call vote of nine (9) ayes.
Councilmember John Voorde made a motion to hear Bills No. 17-62 and 17-66 at the same time.
Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine (9)
ayes.
17-62 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 3333 N KENMORE
ST, SOUTH BEND, IN 46628 AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A (7) SEVEN-YEAR REAL PROPERTY TAX
ABATEMENT FOR TRI-PAC, INC.
17-66 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 3333 N KENMORE
ST, SOUTH BEND, IN 46628 AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A (5) FIVE-YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR TRI-PAC, INC.
Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they
met this afternoon and send these bills forward with a favorable recommendation.
Dan Buckenmeyer, Director of Business Development,the Department of Community
Investment,with offices on the 141h Floor of the County-City Building, South Bend, IN, served
as the presenter of this bill. Mr. Buckenmeyer stated, Tri-Pac is a forty-five (45)plus year old
company, presently located in Michigan. They are planning to relocate to South Bend in the area
near Nimtz Road and Kenmore. We're very excited to bring this business into South Bend. We
expect to create many new jobs and a lot of growth and investment as a result. In order to assist
Tri-Pac with a soft landing in their new South Bend home, we propose two (2)tax abatements—
the significant multimillion dollar investment they are making to bring their business here. A real
property tax abatement of seven(7) years on a minimum $1,000,000 investment on simply
improvements to the building they're going to purchase, during which period the petitioner will
save about$84,000 in taxes but will still pay a total of approximately $314,000 in real property
taxes. And then a personal property tax abatement of five (5) years on a$1,500,000 minimum
investment in equipment at this new location, during which the petitioner will save about
$17,000 and will still pay a total of about$4,000 in personal property taxes. We respectfully ask
the Council to approve these abatements. I just want to point out again,this specifies a target
investment of, combined, about $2,500,00, and target jobs of about sixty(60),but I know Mr.
23
REGULAR MEETING October 9, 2017
Shah can expand on that that doesn't include the cost of the building or a lot of other factors of
them moving here.
Vikram Shah, President of Tri-Pac, Inc., 17336 M-60,Vandalia, MI, served as the petitioner of
this bill. Mr. Shah stated that his company employs forty (40)people, and that they are looking
to grow. He stated that they work with global multinational corporations making consumer
products and pharmaceutical products.
This being the time heretofore set for the Public Hearing on the above bills,proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to these bills.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-62. Councilmember Regina
Williams-Preston seconded the motion which carried by a roll call vote of nine (9) ayes.
Councilmember Randy Kelly made a motion to adopt Bill No. 17-66. Councilmember Karen
White seconded the motion which carried by a roll call vote of nine (9) ayes.
17-64 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
SUPPORTING THE INCLUSION OF THREE
PROPERTIES WITHIN THE RIVER WEST
DEVELOPMENT AREA(AIRPORT AREA),
NAMELY: LEEPER PARK, THE MUSEUM
CAMPUS, AND THE CITY CEMETERY
Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as the presenter of this
bill. Councilmember Davis stated that in 2014,the Department of Community Investment
proposed a resolution to gather support for the City cemetery,the Center For History, and the
Studebaker Museum and Leeper Park within the River West development area, and establish a
timeframe in doing so. The ordinance sets a deadline of April 1 st, 2018 for the process to begin.
Councilmember Davis stated, I was reassured again by Dr. Mueller,this afternoon,that we're not
waiting for April lst, but we're working on that now.
This being the time heretofore set for the Public Hearing on the above bills, proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to these bills.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-64. Councilmember Karen
White seconded the motion which carried by a roll call vote of nine (9) ayes.
17-65 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
SUPPORTING THE CITY ADMINISTRATION'S
STUDY OF AT-GRADE RAILROAD
CROSSINGS FOR THE PURPOSE OF
CREATING ADDITIONAL QUIET ZONES IN
THE CITY
Councilmember Jo M. Broden, Chair of the Health and Public Safety Committee, reported that
they met this afternoon and send this bill forward with a favorable recommendation.
Councilmember Karen White made a motion to accept Substitute Bill No. 17-65 as amended.
Councilmember John Voorde seconded the motion which carried by a voice vote of nine (9)
ayes.
24
REGULAR MEETING October 9, 2017
Tim Scott, President of the Common Council of the City of South Bend, 711 Forest Avenue,
South Bend, IN, served as the presenter and petitioner of this bill. Councilmember Scott stated,
This was in conjunction with the Administration to look at quiet zones on the west side.
Councilmember Scott presented to the Council and public a map that depicted areas that are
meant to be converted into quiet zones. He stated, This is coming to the budget a bit late to try to
get more funding than the $120,000 that is into the quiet zone initiative within the budget. It is
agreed upon with the Administration that we would look at a study between now and the end of
the year to see what we can do to turn the places designated on the map into quiet zone areas.
Councilmember Scott explained that the heavy train traffic in these areas is a detriment to
residents living there. He stated, What this would do is allow us to have an allocation. Once the
study is completed, it might not complete all the quiet zones on the west side, but at least it's a
start and we need to show a significant change in 2018.
Councilmember Oliver Davis stated that quiet zone developments on the east side encourage him
to remain optimistic regarding the process on the west side of South Bend.
Councilmember Karen White stated that she was honored to have supported this bill.
Councilmember Regina Williams-Preston echoed Councilmember White's statement.
Councilmember Dr. David Varner stated, I just want to point out that I'll bet some of those
intersections are in TIF districts, so we may have stumbled upon another creative use for-
Councilmember Scott stated, I like that. Thank you. I believe you're a member of the
Redevelopment Commission?
Councilmember Dr. Varner responded, Yes, sir.
Councilmember Jo M. Broden asked, I know this doesn't mention a specific amount for 2018,
but what is in the budget? Can we work to expand that and actually—are you looking to make an
adjustment in the appropriations?
Councilmember Scott stated, My first sales attempt was to get the $120,000 that's in the budget
currently for 2018 increased to some amount. Eric Horvath was not sure what that amount would
be, and it would be improper to just store money into something without knowing what that
amount would be. If there was not enough or too much, then there would be an allocation to
move it somewhere else eventually. So,the idea was let's study it, let's figure out what it would
cost. We might have to do this in stages. When I looked at this in 2013, 1 figured it was going to
be about $1,000,000—but that was the team studying it at the time. We don't know what it is.
This might take a couple of budgets to get it completed,but the idea with this resolution is to get
it started now and try to make some headway in 2018. 1 also want to thank you, Jo Broden, for
adding an amendment to look at this on a yearly basis, so we don't drop the ball, we keep it
moving until we achieve the goals that we want.
Councilmember Davis stated that redevelopment dollars were not originally taken into account
with this project, adding, In my mind,there's no reason why this should take that long to
consider this option.
Councilmember Jo M. Broden stated,This is a historical oversight, I think. Let's just call it what
it is. I would like to see substantial action on these top-tier ones in 2018. That was my first
thought: TIF dollars this is just as a good a justification as many other things that march across
our desks.
Councilmember Scott stated, A journey of 1,000 steps starts with one (1), and that's this
resolution tonight.
This being the time heretofore set for the Public Hearing on the above bills, proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to these bills.
Councilmember Randy Kelly made a motion to adopt Substitute Bill No. 17-65 as amended.
Councilmember Karen White seconded the motion which carried by a roll call vote of nine (9)
ayes.
25
REGULAR MEETING October 9, 2017
17-68 A RESOLUTION SETTING A PUBLIC
HEARING TO CONSIDER SUPERSEDING A
CONFIRMATORY RESOLUTION AND
MODIFYING AND CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 23464
ADAMS ROAD, SOUTH BEND, IN 46628 AS
AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A REAL PROPERTY TAX
ABATEMENT FOR GLC SBDC II, LLC
Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Dan Buckenmeyer, Director of Business Development,the Department of Community
Investment,with offices on the 14th Floor of the County-City Building, South Bend, IN, served
as the presenter of this bill. Mr. Buckenmeyer stated, This is a different flavor than what we have
been talking about. We are asking for a modification of an existing tax abatement. We always
want to use the best tool in our tool box in our efforts to attract, retain, and expand businesses in
South Bend,bringing in investment and job opportunities. About a year ago, a tax abatement was
approved for this site. The tax abatement followed an old model that was the only model we had
in use at that time. Since that time, as the Council knows, we have updated some of our
methodologies and some more aggressive tax abatement tools, so we want to implement that best
tool, since this site, in that time since the old abatement was granted,has not built upon. We
really want to excelerate that to get a critical piece of real estate inventory, here in South Bend.
We did have an instance,just a few months ago, where a potential manufacturer was looking at
us—we were one (1) of the finals—and they announced recently that they're going to help
Alabama, where they have a ready facility to move into. It's a great opportunity to have this
available. It would be a unique piece of inventory. It would be instrumental in bringing the next
business to South Bend. DCI proposes a modification of the current nine (9) year tax abatement
into a six (6) year tax abatement that's a little more aggressive. During this time, the petitioner
will recognize tax savings of over$1,000,000,but on about a$10,000,000 investment. The
petitioner will,though,pay about$250,000 in taxes during that term of the abatement.
Jeff Smoke, Great Lakes Capital, 112 West Jefferson Boulevard, South Bend, IN, thanked the
Council and stated, We look to capitalize on the success and the momentum out there.
Councilmember Jo M. Broden asked, If you could address—and you did this in committee,
but—the missed opportunities, but then also, in layperson's terms, the financial hiccup that you
ran into with regard to this project.
Mr. Smoke responded that engaging with banks without a tenant is difficult to do and that the tax
abatements help banks feel more secure in lending for the project.
This being the time heretofore set for the Public Hearing on the above bills, proponents and
opponents were given an opportunity to be heard.
There were none from the public wishing to speak in favor of or opposition to these bills.
Councilmember Dr. David Varner stated, The money that will be paid over that time is
inconsequential because the TIF is quite honestly flush with cash. Going forward, I think we are
pushing an envelope that I'm not sure I want to go much further upon. So, when you speak with
your development partners about opportunities in the future, I'm not trying to throw this on the
table all the time, as a Redevelopment Commissioner. Councilmember Dr. Varner stated that
twenty-five (25) years prior, tax abatements were the only way to attract development. He stated
that there comes a point,though,where the City should be an attractive enough entity to render
the use of tax abatements unnecessary.
26
REGULAR MEETING October 9, 2017
Councilmember Regina Williams-Preston stated that she would not be voting in favor of this bill
so that there is on record a faction of the Council that is questioning the use of tax abatements on
these projects.
Councilmember Gavin Ferlic stated, I would just like to remind the Council that previously, for a
development like this, we were looking at an actual TIF investment—almost guaranteed—for
companies to come in. We've modified that to reduce the City's risk, in terms of putting capital
in upfront and,really, all but eliminate any sort of downside just through a more aggressive tax
abatement. Councilmember Ferlic stated that it is still important to provide strong incentives in
order to make developments like this and remain competitive with other areas.
Councilmember John Voorde stated, You do have to adapt to the times. I can remember forty
(40) years ago,when we were first allowed a tax abatement by the State,that it was an important
tool at the time—still is. We modified it to try to make it more responsive to other needs in the
community over the years. You just have to keep in mind that you have to try to utilize every
advantage the State will give you to try to spur development, and in this case I agree with Dr.
Varner, especially,but we have to be careful not to set a precedent to being concerned as an
automatic thing. But, on the other hand, you have to be open to using what's available to you.
Councilmember Oliver Davis asked how, in the future, a petitioner could be denied tax
abatements while standing just behind another petitioner in line who was awarded tax
abatements.
Mr. Buckenmeyer responded that it is important to make clear that tax abatements are awarded
based on the individual merits of a given project and are not blanketly awarded.
James Mueller, Executive Director of the Department of Community Investment,with offices on
the 14th Floor of the County-City Building, South Bend, IN, stated that there may be a small
amount of TIF that goes into South Bend's sewer infrastructure in the area.
Councilmember Broden asked, So, disclosure on what that TIF amount that we're looking at is in
terms of said sewer improvements and capacity?
Mr. Mueller responded that a study is under way to figure out exactly what the amounts are. Mr.
Mueller stated that it could be under$200,000 or up to $400,000.
Councilmember Voorde stated that the good thing about this process is that it is transparent and
done amid the public.
Councilmember Scott stated that it is important to discuss these matters transparently, adding
thanks to Mr. Smoke for the investment in the 1St District.
Councilmember Broden asked if there is bus transportation access in the area.
Mr. Smoke stated that there isn't any yet,but that they have been discussing it with TRANSPO.
Councilmember Davis stated that it can be done.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-68. Councilmember Oliver
Davis seconded the motion which carried by a roll call vote of eight (8) ayes and one (1)nay
(Councilmember Regina Williams-Preston).
BILLS FIRST READING
BILL NO.
67-17 FIRST READING ON AN ORDINANCE 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 GERMAN TOWNSHIP,
CONTIGUOUS THEREWITH; COUNCILMANIC
27
REGULAR MEETING October 9, 2017
DISTRICT NO. 1, FOR 24605 CLEVELAND
ROAD, SOUTH BEND, INDIANA
Councilmember Gavin Ferlic made a motion to send Bill No. 67-17 to the Area Plan Commission
on November 21St, 2017 and the Zoning and Annexation Committee for Second and Third
Reading on November 27th, 2017. Councilmember Karen White seconded the motion which
carried by a voice vote of nine (9) ayes.
68-17 FIRST READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE AND
SEEKING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 403 S, PARRY
STREET COUNCILMANIC DISTRICT NO. 4 IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Gavin Ferlic made a motion to send Bill No. 68-17 to the Area Plan Commission
on November 21St, 2017 and the Zoning and Annexation Committee for Second and Third
Reading on November 27th, 2017. Councilmember Karen White seconded the motion which
carried by a voice vote of nine (9) ayes.
69-17 FIRST READING ON AN ORDINANCE TO
VACATE THE FOLLOWING DESCRIBED
PROPERTIES: STREET VACATION-EDDY
STREET FROM CORBY STREET SOUTH 180
FEET+/-, CORBY STREET FROM EDDY
STREET WEST 90 FEET+/-, CORBY STREET
FROM EDDY STREET EAST 230 FEET+/-, THE
FIRST EAST/WEST ALLEY BETWEEN
HOWARD STREET ON THE WEST AND THE
FIRST NORTH/SOUTH ALLEY EAST OF
SOUTH BEND AVENUE, SOUTH BEND,
INDIANA
Councilmember Gavin Ferlic made a motion to send Bill No. 69-17 to the Board of Public Works
on October 10th, 2017 and the Public Works and Property Vacation Committee for Second and
Third Reading on October 23`d, 2017. Councilmember Karen White seconded the motion which
carried by a voice vote of nine (9) ayes.
70-17 FIRST READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT THE NORTHEAST
CORNER OF NILES AVENUE AND CEDAR
STREET, COUNCILMANIC DISTRICT NO. 4 IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Gavin Ferlic made a motion to send Bill No. 70-17 to the Area Plan Commission
on November 21St, 2017 and the Zoning and Annexation Committee for Second and Third
Reading on November 27th, 2017. Councilmember Karen White seconded the motion which
carried by a voice vote of nine (9) ayes.
71-17 FIRST READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1032 WAYNE
STREET, COUNCILMANIC DISTRICT NO. 4 IN
THE CITY OF SOUTH BEND, INDIANA
28
REGULAR MEETING October 9, 2017
Councilmember Gavin Ferlic made a motion to send Bill No. 71-17 to the Area Plan Commission
on November 21St, 2017 and the Zoning and Annexation Committee for Second and Third
Reading on November 27th, 2017. Councilmember Karen White seconded the motion which
carried by a voice vote of nine (9) ayes.
72-17 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 21
OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 2 RESIDENTIAL DISTRICTS TO
AMEND AVERAGE FRONT SETBACK
PROVISIONS; ARTICLE 3 COMMERCIAL/
MIXED USE DISTRICTS TO REMOVE
MAXIMUM AREA REQUIREMENTS FOR
OUTDOOR SEATING FOR RESTAURANTS IN
THE O OFFICE DISTRICT, LB LOCAL
BUSINESS DISTRICT AND CB COMMUNITY
BUSINESS DISTRICT, AND ADD PROVISION
TO ALLOW OUTDOOR SEATING IN THE GB
GENERAL BUSINESS DISTRICT; AND
ARTICLE 7 GENERAL REGULATIONS TO
ALLOW REQUIRED LANDSCAPING TO BE
PLACED WITHIN RIGHT-OF-WAY AND
EXEMPT THE MU MIXED USE DISTRICT
FROM MINIMUM PARKING REQUIREMENTS.
Councilmember Gavin Ferlic made a motion to send Bill No. 72-17 to the Area Plan Commission
on October 17th, 2017 and the Zoning and Annexation Committee for Second and Third Reading
on November 131h, 2017. Councilmember Karen White seconded the motion which carried by a
voice vote of nine (9) ayes.
73-17 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 21
OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 1 BASIC PROVISIONS TO REVISE
CLEAR SIGHT AREA REQUIREMENTS AND
PRIVATE STREET WIDTHS, ARTICLE 2
RESIDENTIAL DISTRICTS TO REVISE GRADE
LEVEL IMPROVEMENT STANDARDS, AND
ARTICLE 3 COMMERCIAL/MIXED USE
DISTRICTS TO REVISE DRIVE-THROUGH
FACILITY STANDARDS
Councilmember Gavin Ferlic made a motion to send Bill No. 73-17 to the Area Plan Commission
on October 17th, 2017 and the Zoning and Annexation Committee for Second and Third Reading
on November 13th, 2017. Councilmember Karen White seconded the motion which carried by a
voice vote of nine (9) ayes.
74-17 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 21
OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 1 BY ALLOWING USES PERMITTED
29
REGULAR MEETING October 9, 2017
IN A LESS INTENSE DISTRICT TO BE
PERMITTED IN A MORE INTENSE DISTRICT
Councilmember Gavin Ferlic made a motion to send Bill No. 74-17 to the Area Plan Commission
on October 17th, 2017 and the Zoning and Annexation Committee for Second and Third Reading
on November 13th, 2017. Councilmember Randy Kelly seconded the motion which carried by a
voice vote of nine (9) ayes.
75-17 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, FOR BUDGET TRANSFERS
FOR VARIOUS DEPARTMENTS WITHIN THE
CITY OF SOUTH BEND, INDIANA FOR THE
YEAR 2017
Councilmember Gavin Ferlic made a motion to send Bill No. 75-17 to the Personnel and Finance
Committee for Second and Third Reading on October 23`d, 2017. Councilmember Karen White
seconded the motion which carried by a voice vote of nine (9) ayes.
76-17 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2017 OF $40,000 FROM
GENERAL FUND (#101), $117,571 FROM
PARKS FUND (#201), $25,000 FROM
COMMUNITY INVESTMENT OPERATING
FUND (#211), $80,000 FROM STATE-SEIZED
DRUG MONEY FUND (#216), $2,733 FROM
UNSAFE BUILDING FUND (#219), $97,000
FROM LOCAL ROADS & STREETS FUND
(#251), $25,000 FROM POLICE GRANTS FUND
(#292), $90,000 FROM FEDERAL DRUG
ENFORCEMENT FUND (#299), $362 FROM
ZOO ENDOWMENT FUND (#403), $40,000
FROM PARKS CAPITAL FUND (#405), $11,755
FROM PROJECT RELEAF FUND (#655),AND
$396,500 FROM SMART STREETS DEBT
SERVICE FUND (#756).
Councilmember Gavin Ferlic made a motion to send Bill No. 76-17 to the Personnel and Finance
Committee for Second and Third Reading on October 23d, 2017. Councilmember Dr. David
Varner seconded the motion which carried by a voice vote of nine (9) ayes.
77-17 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE
OPERATIONS IN 2017 OF $20,000 FROM EMS
OPERATING FUND (#287), $7,823 FROM
CONSOLIDATED BUILDING FUND—CODE
ENFORCEMENT (#600), $100,000 FROM
SEWER INSURANCE FUND (#640), $288,850
FROM SEWAGE WORKS OPERATIONS &
30
REGULAR MEETING October 9, 2017
MAINTENANCE FUND (#641), $10,800 FROM
SEWAGE DEPRECIATION FUND (#642)AND
$200 FROM 2011 SEWER BOND FUND (9659).
Councilmember Gavin Ferlic made a motion to send Bill No. 77-17 to the Personnel and Finance
Committee for Second and Third Reading on October 23d, 2017. Councilmember Dr. David
Varner seconded the motion which carried by a voice vote of nine (9) ayes.
78-17 A FIRST READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,AMENDING A
SECTION OF CHAPTER 2,ARTICLE 6,
SECTION 2-84.14 OF THE SOUTH BEND
MUNICIPAL CODE PERTAINING TO TAX
ABATEMENTS
Councilmember Gavin Ferlic made a motion to send Bill No. 78-17 to the Community
Investment Committee and the Personnel and Finance Committee for Second and Third Reading
on October 23rd, 2017. Councilmember Karen White seconded the motion which carried by a
voice vote of nine (9) ayes.
UNFINISHED BUSINESS
BILL NO.
12-17 AN ORDINANCE 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 CLAY
TOWNSHIP, CONTIGUOUS THEREWITH;
COUNCILMANIC DISTRICT NO. 4, FOR 17330
STATE ROAD 23, SOUTH BEND, INDIANA
Councilmember Gavin Ferlic made a motion to send Bill No. 12-17 to the Area Plan Commission
on October 17th, 2017,to the Zoning and Annexation Committee for Second Reading on October
23rd, 2017, and to the Zoning and Annexation Committee for Third Reading on November 13tH
2017. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of
nine (9) ayes.
NEW BUSINESS
Councilmember Oliver Davis extended an invitation to members of the Council as well as the
public to attend the dog park event at Rum Village on October 11th, 2017 at 10 a.m.
Councilmember John Voorde announced that the Cubs won their most recent game 2-1.
PRIVILEGE OF THE FLOOR
Sharon Banicki, 3822 Ford Street, South Bend, IN, stated that there is a technical glitch that
renders receipts for landlord registration transactions effectively blank and without pertinent
information. Ms. Banicki explained that she got in touch with Code Enforcement about the issue,
and that they had already been aware of it and had been in contact with the Innovation Director,
but she has not heard any developments on the issue and the problem persists.
31
REGULAR MEETING October 9, 2017
Steven Holmes, 1941 East Donald Street, South Bend, IN, stated that on Twyckenham by
Lincoln Way East,trains sometimes come to a complete stop, leaving drivers stuck before the
railroad crossing because it is no longer allowed for cars to turn around because of the yellow
dividers. Mr. Holmes asked if the Council could communicate with the requisite departments to
help solve this problem.
ADJOURNMENT
There being no further business to come before the Council, President Tim Scott adjourned the
meeting at 9:55 p.m.
II
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