HomeMy WebLinkAbout04-09-18 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
April 9, 2018
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE, WE RECOMMEND THE SAME BE APPROVED:
TIM SCOTT
ID VARNER
APPROVED BY THE COMMON COUNCIL ON: May 14,2018
ATTEST:
EMAH FO L R, CITY CLERK
REGULAR MEETING April 9, 2018
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, April 91h, 2018 at 7:00 p.m. The meeting was
called to order by Council President Tim Scott and the Invocation(Minister Laquita Hughes,New
Horizons Outreach Ministries) and Pledge to the Flag were given.
ROLLCALL
COUNCIL MEMBERS:
Tim Scott 1"District, President
Regina Williams-Preston 2nd District
Sharon L. McBride 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
Bianca Tirado Deputy Clerk
Graham Sparks Clerk Executive Assistant
Bob Palmer Council Attorney
REPORT FROM THE SUB-COMMITTEE ON MINUTES
Councilmember Karen White made a motion that the minutes of the March 26th, 2018 meeting of
the Council be accepted and placed on file. Councilmember John Voorde seconded the motion
which carried by a voice vote of nine(9) ayes.
SPECIAL BUSINESS
There was no special business this evening.
REPORTS OF CITY OFFICES
Representing the City Administration: Laura O'Sullivan, Chief of Staff
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:05 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the
Whole. Councilmember Dr. David Varner 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
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PV
REGULAR MEETING April 9, 2018
Councilmember Karen White made a motion to suspend the rules to hear Bill No. 05-18 after Bill
Nos. 19-18, 20-18 and 21-18. Councilmember Jo M. Broden seconded this motion which carried
unanimously by a voice vote of nine(9) ayes.
BILL NO.
19-18 PUBLIC HEARING ON AN ORDINANCE TO
VACATE THE FOLLOWING DESCRIBED
PROPERTIES: FIRST NORTH/SOUTH ALLEY
EAST OF ARTHUR STREET, RUNNING FROM
CAMPEAU STREET ON THE SOUTH TO THE
FIRST EAST-WEST ALLEY ON THE NORTH
COVERING A DISTANCE OF
APPROXIMATELY 156 FEET, ALL IN SOUTH
BEND, INDIANA
Councilmember John Voorde, Chair of the Public Works and Property Vacation Committee,
reported that they met this afternoon and send this bill forward with a favorable recommendation.
Mike Danch, Danch, Hamer & Associates with offices located at 1643 Commerce Drive, South
Bend, IN, served as the presenter for this bill. Mr. Danch stated, As I mentioned to Council in the
Committee meeting, we are asking to vacate a north-south alley. It is approximately one hundred
and sixty-six (166) feet in length. All we are trying to do is make sure we have safety for the two
(2) houses at 1221 and 1225 E. Campeau.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
None from the public wished to speak in favor of or opposition to this bill.
Councilmember Karen White made a motion to send Bill No. 19-18 to the full Council with a
favorable recommendation. Councilmember Jo M. Broden seconded this motion which carried
unanimously by a voice vote of nine (9) ayes.
20-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF SOUTH BEND,
INDIANA, ADDING SECTION 20-4 OF
CHAPTER 20, ARTICLE 1 OF THE SOUTH
BEND MUNICIPAL CODE TO ESTABLISH
PARKING RESTRICTIONS ON SOUTH BEND
CITY STREETS.
Councilmember Oliver Davis made a motion to accept the Substitute to Bill No. 20-18.
Councilmember Karen White seconded this motion which carried by a voice vote of nine (9) ayes.
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 Tim Scott, 711 Forest Avenue, South Bend, IN, served as presenter of this bill.
Councilmember Tim Scott stated,What you have before you here is just a quick Ordinance change.
I will first address the amendment.Number one(1) on page one(1) states, `...on a sidewalk, curb,
tree, lawn and parkway.' Before, it was just sidewalk and parkway. That addition is spelled out.
This is simply just some clarification on some parking rules within the City of South Bend. We
have had issues, especially with shared driveways over on Diamond Avenue and other places.
There has been a lack of understanding of where or how close you can park to a driveway. This
puts it concretely at four(4) feet. Also,we noticed that there wasn't any clarification to how close
someone can park to crosswalks, intersections, and pedestrian signs. What we did is there are
seventeen(17)distinct clarifications to the Ordinance amending that.The driveways were the main
focus to this but it is a simple text change.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
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REGULAR MEETING April 9, 2018
None from the public wished to speak in favor of or opposition to this bill.
Councilmember Oliver Davis made a motion to send Substitute Bill No. 20-18 to the full Council
with a favorable recommendation. Councilmember Karen White seconded this motion which
carried unanimously by a voice vote of nine (9) ayes.
21-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 6 OF THE SOUTH BEND
MUNICIPAL CODE TO INCLUDE A NEW
ARTICLE 13 ESTABLISHING RESPONSIBLE
BIDDING PRACTICES AND SUBMISSION
REQUIREMENTS ON PUBLIC WORKS
PROJECTS
Councilmember John Voorde, Chair of the Public Works and Property Vacation Committee,
reported that they met this afternoon and send this bill forward with a favorable recommendation.
Councilmember Tim Scott, 711 Forest Avenue, South Bend, IN, served as the presenter for this
bill. Councilmember Tim Scott stated, This is a good compromise and a good body of work
formulated between the Chamber of Commerce, the City Administration, the Trades and the
Common Council. I also would like to thank my cosponsors Councilmember Karen White and
Councilmember Jo M. Broden. This took some time to put together. We started over one (1) year
ago looking at this. For the most part,the main goal of this is to protect taxpayer dollars to ensure
that Public Works projects will not only go to the lowest bidder but the lowest responsible bidder.
From that, it is noted that we want people to have good quality work while also making sure that
all of the employed people are documented,certified and treated fairly.This ensures a level playing
field. Part of this is also focusing on small businesses. This only will affect people that are bidding
on projects of$150,000 or less. A part of this is spurred from other entities having this same thing
throughout the State. Referencing a slide in the presentation(available in the City Clerk's Office),
he stated, There are different cities, towns, school corporations, Counties and townships. This
Responsible Bidder Ordinance will follow State guidelines on registration. This will also help with
employment and encourage responsible employment. This will affect contractors and
subcontractors. We've noticed in the past that some subcontractors are not documented on City
jobs and, moving forward, we just want to ensure they will be. Some people have said this is
burdensome. There is a prequalification process to this where the details will be saved and bidders
can continue updating it as subcontractors are added. This will follow certified payroll and
anything less than $150,000 will be exempt from this Ordinance. There are penalties that can be
up to $5,000 if there are errors in the certified payroll. It is pretty much complaint driven but it
does allow the City to go out and actually inspect and audit these processes.
Councilmember Karen White, 1912 Malvern Way, South Bend, IN, stated, I would like to say that
this has been an excellent example of collaboration between the City Government, the Chamber
of Commerce,Union Trades and other key stakeholders. It is a good example when you may have
individuals with diverse opinions coming together and working toward the common good. This
process started in the middle part of 2017. Now we are in 2018 with an Ordinance that I think is
very acceptable. The process was very transparent, rich in discussion, and we did not come to the
table with everyone on board but because we were committed to work together and listen, this is
a great example of what I consider to be democracy. I would also like to state the purpose of this
Ordinance is to help ensure that our City hires only responsible contractors who will provide the
highest quality work efficiently, on time, safely and within budget. The end result is that our tax
payers will see the benefits. I enjoyed working with Administration and others on this particular
matter, and I believe this is a great example of us coming together for what is best for our City.
Councilmember Jo M. Broden, 1319 Otsego Street, South Bend, IN, stated, Just quick comments
in the interest of time and the crowds that are here torsi . This is to be all about taxpayer value
for the dollars. The threshold at $150,000 is consistent with State standards. We are not asking
anybody to do anything more burdensome. I see the prequalification as a fast track. This is not
uncommon in other sectors where there are bids on large things and I certainly appreciate the audit
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REGULAR MEETING April 9, 2018
component. That will be the local government's responsibility and I think it is an appropriate
responsibility to take on. We want a good job, at the right price, and for it to be done in a timely
manner. I do think this hits a number of marks for our community aside from the taxpayer value
of the dollars spent. Safety is embedded in this,whether it be in the apprenticeship training or other
areas. The qualifications being asked for the skilled workers is another good piece. I think
economic development and workforce development will improve from this. My last comment is,
aside from the collaborative work from the work group, a tremendous amount of work was done
by the Legal Department. They examined over thirty-nine (39) other ordinances that exist
throughout the State of Indiana. Much gratitude to the Legal Department for that technical
assistance. I would also be remised to not mention the work of the St. Joseph County Council as
they really set the stage for this. Specifically, Bobby Kruszynski and Diana Hess and their work.
They brought it up and saw it as a meaningful goal for County-wide development and made a great
case for it. They overrode the vote on it and basically set the stage for this. I want to acknowledge
that work here within our local community that set that stage.
Councilmember Tim Scott stated,That is a very good point.The other thing is there was talk about
diversity within this and I think this compliments the work done on MBEs and WBEs.
Councilmember Jo M. Broden stated, I think you are right and the random audits in this should
inform us, as we roll this out, whether it is effective and if there is any adverse impact. We know,
statistically, from other entities that have adopted this that there has not been any adverse impact
but I commend everyone who came together and saw that as an important component.
Councilmember Tim Scott stated, There were concerns about that in Committee. I am willing to
bring this back up a year from now to evaluate this.
Dr. James Mueller, Executive Director of Community Investment with offices on the 141' floor of
the County-City Building, South Bend, IN, stated, I do want to thank everyone on the Committee
for a good process. There was a lot of healthy discussion. I don't think anything wasn't discussed
and deliberated at length. We came up with a good and healthy compromise. There was real
compromise in this that differs from other responsible bidder ordinances across the State and that
is that the $150,000 threshold applies not just to the overall project level but to individual
components for subcontractors as well. So even if a project is over$150,000, if a component for a
subcontractor is under that,they would have to face these requirements. We are excited to join the
other leading cities in the State including the best-growing city in Indianapolis that has this
Ordinance on the books.
Councilmember Dr. David Varner asked, It wasn't that many years ago that they brought the
maximum fine that could be levied to $2,500 and this says $5,000, why is that?
Dr. Mueller replied, That has since changed.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Murray Miller,23698 Western Avenue, South Bend,IN, stated,I just want to thank the Committee
and everyone that worked on this RBO. It shows, truly, that working together can work. I would
say that in this Ordinance it talks about the apprenticeship program which works both for merit
shops and unions. This will make sure South Bend has a well-trained and diverse workforce for
the future. I do have some letters of support that I would like to give to the Council. Mr. Murray
submitted the letters into the public record and are now filed with the Ordinance available in the
City Clerk's Office.
Shaun O'Brien, 3215A Sugar Maple Court, South Bend, IN, stated, I'm the Executive Director of
the Michiana Builders Association and we represent around sixty-five(65)of the large commercial
contractors in the area that very much welcome an ordinance like this. It strengthens the
accountability and transparency that is required for bidding on City and Public works. We think it
is a great idea and we urge this Council to pass it.
Councilmember Regina Williams-Preston stated,Thank you to all for this work being done. I look
forward to this laying the groundwork and opening doors for minority contractors and improving
the City of South Bend.
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REGULAR MEETING April 9, 2018
Councilmember Sharon L.McBride stated, I would like to thank everybody for their collaboration
and work in this process.
Councilmember Dr. David Varner stated, At the Committee meeting I expressed a number of
concerns. I still have those concerns. I think it is one (1) thing to have an ordinance where true
compromise is discussed but I think an ordinance where you compromised amongst like-minded
people doesn't really represent compromise. There were no merit shop contractors participating in
this. I suspect the compromise may have been different had they been involved. I would welcome
that idea of addressing this a year from now.
Councilmember Gavin Ferlic stated, I want to say thank you all for the process. I do think it was
collaborative and inclusive involving the Chamber of Commerce. Thank you for the efforts as I
know it takes a lot of time working on a bill like this.
Councilmember Oliver Davis stated, I'm very glad to support this tonight.
Councilmember John Voorde stated, I would just like to thank organized labor for their critical
and responsible role in helping bring everyone together to come up with this product.
Councilmember Oliver Davis made a motion to send Bill No. 21-18 to the full Council with a
favorable recommendation. Councilmember Karen White seconded this motion which carried
unanimously by a voice vote of eight(8)ayes and one(1)nay(Councilmember Dr.David Varner).
Councilmember Oliver Davis made a motion to suspend the rules to hear Bill No. 18-12.
Councilmember Karen White seconded this motion which carried unanimously by a voice vote of
nine (9) ayes.
Councilmember Karen White made a motion to rise and report to full Council. Councilmember
John Voorde 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 7:28 p.m. Council President Tim Scott
presided with nine (9) members present.
RESOLUTIONS
BILL NO.
18-12 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
APPROVING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SOUTH BEND,
INDIANA, AND ST. JOSEPH COUNTY,
INDIANA, FOR THE MUTUAL OPERATION OF
SPECIAL LAW ENFORCEMENT UNITS
KNOWN AS METRO UNITS ADDRESSING
CRIMES OF SPECIAL GRAVITY IN ST.
JOSEPH COUNTY
Councilmember Gavin Ferlic made a motion to accept the amended version of Bill No. 18-12.
Councilmember Karen White seconded this motion which carried by a voice vote of nine(9) ayes.
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.
Laura O'Sullivan, Chief of Staff to the Mayor of the City of South Bend with offices located on
the 14th floor of the County-City Building, South Bend, IN, served as presenter for this bill. Ms.
O'Sullivan stated, The Prosecutor, the South Bend Police Department (SBPD), and the City have
written this agreement to formalize what was already occurring between the parties. Since the
creation of the Metro Units, the SBPD has served an important role in the Unit by the assignment
of different officers to the different units. This Interlocal agreement provides stability for those
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REGULAR MEETING April 9, 2018
Metro Units and defines the role and expectations of all parties. It maintains the integrity of the
Metro Units which helps promote safety of the community. The agreement solidifies the local
relationship between the Prosecutor's Office and the SBPD and it is mutually beneficial. The
Interlocal Agreement covers the Metro Homicide Unit, the Drug Investigation Unit, and the
Special Victims Unit. Under the terms of the agreement, the SBPD will provide thirteen(13) full-
time officers to the unit while providing funding for three (3) additional officers to be hired at the
discretion of the Prosecutor. Police recruiting is difficult and it takes approximately a year for a
new officer to become fully independent. In light of that, allowing three(3) officers to return from
the Metro Units and offer their expertise with the SBPD is crucial for the continued safety of the
community and training of new officers.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Ken Cotter, St. Joseph County Prosecutor with offices on the 10th floor of the County-City
Building, South Bend, IN, stated, I ask you to approve this measure. This was a very long
development with a lot of different interests. I think this helps keep our community safe and I ask
you to approve this resolution.
Councilmember Oliver Davis made a motion to adopt Bill No. 18-12,as amended. Councilmember
Dr. David Varner seconded this motion which carried by a roll call vote of nine (9) ayes.
Councilmember Oliver Davis then made a motion to suspend the rules to have third reading on
Bill Nos. 19-18, 20-18, and 21-18. Councilmember Karen White seconded that motion which
carried unanimously by a voice vote of nine (9) ayes.
BILLS —THIRD READING
BILL NO.
19-18 THIRD READING ON AN ORDINANCE TO
VACATE THE FOLLOWING DESCRIBED
PROPERTIES: FIRST NORTH/SOUTH ALLEY
EAST OF ARTHUR STREET, RUNNING FROM
CAMPEAU STREET ON THE SOUTH TO THE
FIRST EAST-WEST ALLEY ON THE NORTH
COVERING A DISTANCE OF
APPROXIMATELY 156 FEET, ALL IN SOUTH
BEND, INDIANA
Councilmember Gavin Ferlic made a motion to pass Bill No. 19-18. Councilmember Jo M.Broden
seconded the motion, which carried by a roll call vote of nine (9) ayes.
20-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF SOUTH BEND,
INDIANA, ADDING SECTION 20-4 OF
CHAPTER 20, ARTICLE 1 OF THE SOUTH
BEND MUNICIPAL CODE TO ESTABLISH
PARKING RESTRICTIONS ON SOUTH BEND
CITY STREETS.
Councilmember Tim Scott made a motion to accept the Substitute to Bill No. 20-18.
Councilmember Oliver Davis seconded the motion,which carried by a voice vote of nine(9)ayes.
Councilmember Oliver Davis then made a motion to pass Substitute Bill No. 20-18.
Councilmember Gavin Ferlic seconded the motion, which carried by a roll call vote of nine (9)
ayes.
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REGULAR MEETING April 9, 2018
21-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 6 OF THE SOUTH BEND
MUNICIPAL CODE TO INCLUDE A NEW
ARTICLE 13 ESTABLISHING RESPONSIBLE
BIDDING PRACTICES AND SUBMISSION
REQUIREMENTS ON PUBLIC WORKS
PROJECTS
Councilmember Gavin Ferlic then made a motion to pass Bill No. 21-18. Councilmember Oliver
Davis seconded the motion, which carried by a roll call vote of eight (8) ayes and one (1) nay
(Councilmember Dr. David Varner).
At 7:37 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.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
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.
05-18 PUBLIC HEARING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 3527 LINCOLN
WAY WEST, COUNCILMANIC DISTRICT NO.
1 IN THE CITY OF SOUTH BEND, INDIANA
Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they
met this afternoon and send this bill forward with no recommendation.
Angela Smith,Deputy Director of the Area Plan Commission with offices located on the 11 u floor
of the County-City Building, South Bend, IN, served as presenter for this bill. Ms. Smith stated,
The petitioner is seeking to rezone this property highlighted here in red(referencing a presentation
that is available in the City Clerk's Office). Ms. Smith continued, The proposed rezoning is to go
from SF-One (1), Single Family and Two (2) Family District to OB, Office Buffer District. The
site currently has a single family home in the associated accessory structure on the property. To
the north are single family homes zoned SF-Two (2). To the east are residentially zoned but
commercially used properties zoned OB, Office Buffer, CB, Community Business and then a
buffer zoned SF-Two (2). To the south is a business zoned LB, Local Business and to the west are
single family homes zoned SF-One (1), Single Family and Two (2) Family District. The home is
proposed to be renovated and expanded in order to accommodate the use in question. The site
includes remodeling the expansion of the existing home on a zero point five seven (0.57) acre site
with additions to the back of the house and a small addition to the southeast corner.The accessories
would be removed to make room for the parking lot associated with the use. There was a lot of
discussion this afternoon about the criteria for considering rezoning requests.Those are all outlined
in the Staff Report presented to the Council. I will highlight that the West Side Main Streets Plan
is the adopted comprehensive plan for this area. Because it went through the Area Plan
Commission and was adopted by this Council,it is considered an amendment to the comprehensive
sitting plan from 2006 but additional things were also referenced there for City Plan as well. This
comes to you from the Area Plan Commission with no recommendation. Unfortunately, the
meeting only had eight (8) members present and it takes eight (8) to pass something. Without a
majority of the fifteen (15) members we usually have, we were not able to come to a
recommendation.
REGULAR MEETING April 9, 2018
Bob Palmer, Common Council Attorney with offices on the 4th floor of the County-City Building,
South Bend, IN, stated, The criteria for considering this rezoning request will be displayed on the
screens throughout the remainder of this hearing.
Councilmember Oliver Davis asked,Where would the public safety standpoint fall under for these
criteria?
Mr. Palmer replied, Interpretation relies within your discretion. There is no legal definition of
public safety and how it affects your decision is within your discretion.
Councilmember Jo M. Broden asked, Could Ms. Smith address the Area Plan Commission vote
and how it transpired?
Ms. Smith replied, We had eight(8)members present at the meeting. There was a motion made to
send favorably and it failed to carry on a seven (7) to one (1) vote. There was a motion made to
send unfavorable and I believe it failed to receive a second. Ultimately, there was a motion made
to send with no recommendation which passed eight(8) zero (0).
Councilmember Regina Williams-Preston asked, Does this fall within the plan?
Ms. Smith replied,The property in question is located in the Bendix Node as identified in the West
Side Main Streets Plan. It is part of the Bendix Mixed-Use Node.
Richard Nussbaum, Attorney with offices located at 210 S. Michigan Street, South Bend, IN,
served as the petitioner for this bill. Mr. Nussbaum stated, You heard a great deal from me at the
Committee meeting this afternoon and after consultation with your Attorney, Mr. Palmer, I'm
convinced that what I said to you and the materials I provided are part of the record. For purposes
of this public hearing, I am not going to repeat what I said so that we can move things along more
quickly. I yield the rest of my time to Jenny Hunsberger. We have attempted to limit the number
of people who actually speak in favor.
Jenny Hunsberger, 360 N. Notre Dame Avenue, South Bend, IN, stated, I serve as Vice President
of Women's Care Center. President Scott and members of the Council, thank you all for the
incredible amount of time, effort and thoughtful consideration you have put into this rezoning
petition. So many of you took the time to come to the Care Center and see what we do and we
deeply appreciate that. Tonight, I am asking you to vote in favor of our petition to rezone 3527
Lincoln Way West as OB, Office Buffer. I want to make three (3) points for your consideration.
One (1), Women's Care Center is neither political nor activist. Two (2), Women's Care Center
provides women choice. And three (3), Women's Care Center provides a depth and reach of
services to women, children and families in South Bend that is critically needed on the West Side.
To the first point,we are not political and we are not activists. Women's Care Center has not taken
a position on the presence of the proposed abortion clinic in town. I received many calls from
media outlets regarding the clinics presence and we did not comment. The letters you received
regarding the proposed abortion clinic were neither from us nor endorsed by us.Further,as a matter
of policy, we do not allow protesting or any appearance of protesting on our properties. To
demonstrate our commitment to this policy to the City of South Bend, we will, in writing, forfeit
our first amendment right to free speech by not allowing protestors on our property. We happily
give up this right because protesting is contrary to our model of care and not good for our clients.
We project fourteen hundred(1,400)will walk through our doors at 3527 Lincoln Way West next
ygar. We provide them an environment that welcomes them home. I don't want them walking
through protest lines at Women's Care Center any more than I want women walking through
protest lines at my home. To the second point, we exist to provide women a choice. Some have
asked why this location and why now. For over thirty-three (33) years, we have opened locations
where the need is greatest. We go where we are highly visible to women and easily accessible. We
know that women who find themselves at an abortion clinic are making a decision. Our guiding
principle is to offer each woman a concrete and practical opportunity to choose life without
judgment. Our work is not to restrict choice,rather, it is to expand choice. We do this by providing
knowledgeable, comprehensive, skilled and sustained care and education, all in an environment of
welcome, safety and peace. Simply stated, no woman should feel like she has to have an abortion
because she hasn't been blessed with the resources, support or opportunities that others have. 3527
Lincoln Way West gives these women a real choice. To the third point, we provide a depth and
reach of services to women, children and families in South Bend that is critically needed at this
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REGULAR MEETING April 9, 2018
location. Two (2) out of three (3) babies born in South Bend start with women's care. This means
that Women's Care Center is, by far, the largest provider of early pre-natal pregnancy and
parenting support in South Bend.
Ms. Hunsberger continued, In 2017, 1,360 from zip codes 46628 and 46619 were served at
Women's Care Center. Sixty percent (60%) come as referrals from friends and families. The
families we serve come back an average of nine(9)times. The reason our clients return themselves
and refer their friends is because of the quality of care they receive. Here, women are welcomed
without judgment, without stigma and without shame. Here, women are reminded of their own
goodness, dignity and worth. Here, women are empowered and strengthened. This care extends
well beyond an initial decision about a pregnancy. We provide sustained, concrete practical
support and have done so for years. Through our pre-natal care plans, one (1)-on-one (1) goal
sessions and daily parenting classes, families earn coupons that are redeemable in our store for
new clothing, cribs, car seats, and hundreds of thousands of diapers. All of our services are
provided in English and Spanish, and all are free. Babies in South Bend are healthier because their
mothers received pre-natal vitamins and are encouraged to go to the doctor sooner. Families are
stronger because parents learned skills and build community at our classes. And children are
prepared for school because they receive books every time they visit our Center. Our current
location on Chapin Street is far too small and hidden to provide this scope of care. At 3527 Lincoln
Way West, we stand ready to serve the women and families of the West Side. I would like to take
a moment to directly address some questions and concerns that have come to our attention. One
(1), again, we are not activists. A photo was provided to Councilmembers purporting to show our
Bloomington location. That is not a picture of our Center or any location close to our Center.There
is no Penske in the vicinity of our Center. College Avenue in Bloomington is lined with meters,
the street in the photo is not metered. The space between our Bloomington office and Planned
Parenthood is a driveway. It is not our Center. A second photo was provided and we do not have
a Center in Louisville, Kentucky. We have a Center in Berea, Kentucky, which is well over two
(2) hours away. That is not us. We are not activists. Some have voiced concerns that protests
increase when we open or that we are a magnet for protestors, even if we don't do it ourselves.
The same memo that has the two (2)photos sites a study identifying 2016 as the year in which the
most protests occurred at the abortion clinic in Bloomington. Our Center opened in February of
2017. This offers support to the information that we have and that we regularly receive from the
ground that protesting diminishes when we open.People who want to fight against abortion clinics
see that we provide a different option and they are less likely to protest. That has been our
experience since we opened. That is the safety that we offer to the City of South Bend. We will
commit, in writing, to not have protestors on our property. There will be fewer protestors because
we are there because we offer the choice to choose life.
Ms. Hunsberger went on, We offer women a choice. Twenty-two (22)times we have been located
next to an abortion provider. At times, they've opened first and at other times, we have. Every
time, we have peacefully coexisted. Many times, abortion clinics, including Whole Women's
Health, have referred women to us. There has never been an instance of violence. To demonstrate
our commitment to creating an environment of peace, we reached out, individually, to each
remonstrator from the Area Plan Commission meeting. I sent an invitation to the President of the
proposed abortion clinic. We have not received any responses. And, that is not the first time we
have reached out to abortion providers next door and not received a response. The fact that
Women's Care and Whole Women's Health offer very different options does not mean that the
two companies cannot exist in a peaceful environment. Just next door, King Gyros and Wendy's
are side by side. The services we provide are clearly written on our exterior sign and women who
come into our Center are told exactly what we do provide and don't provide as soon as they walk
in the door. Our depth,reach and quality of services will be a tremendous benefit at 3527 Lincoln
Way West. In terms of zoning and accessibility, Women's Care will provide a huge benefit to the
community. Our model of care requires a beautiful, home-like setting. We work hard to maintain
the physical structure of the home and create a beautifully landscaped and well-maintained yard.
In 2010, our downtown office won our Pride of Place award for the most attractive building in
South Bend. 3527 Lincoln Way West is easily accessible to the clients who need us most. It is
minutes from the closest bus stop and easily accessible to Elwood. We will put a walking path that
is easy to navigate with strollers. Women's Care Center's presence will create a perfect transition
from residential to commercial. Women's Care is a trusted and respected community partner. With
state-of-the-art 313-41) ultrasound machines operated by highly skilled nurses and ultra-
sonographers and direct oversight by the most well respected physicians in the area, our clients
know that they are worth the highest quality of care. In my position as Vice President, I am
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responsible for client care. Naturally, I was quite concerned when I read the letter from the
remonstrator saying she felt the questions she was asked at our Center were invasive. We have no
record of any client by that name in our system.
Ms. Hunsberger continued, Women's Care is broadly supported in South Bend. In a very short
time,we collected 1,634 signatures in support of our petition. I know you've seen them but I have
them here and we had even more come in over the weekend. It was a remarkable thing to see so
many members of the community lining up to hand-sign signatures that say we want Women's
Care Center here and we support Women's Care Center. I know you have the breakdown but, of
the first round of 1,634 signatures, 1,149 were South Bend residents. 325 were from zip codes
46619 and 46628. Zip code 46628 had one hundred and ninety-nine (199) signatures and 46617
had one hundred eighty-two (182). Zip code 46614 had one hundred forty-seven(147) and 46619
had one hundred twenty-five (125). The other areas had four hundred and ninety-six (496). I
brought some letters to share but most of the people who wrote the letters have changed their
schedules in order to be here. In the interest of time I won't go through them and I will let them
speak for themselves. I just want to end by saying, again, Women's Care Center is not political
and is not activist. Women's Care Center provides women choice. Women's Care Center provides
a depth and reach of service to women,children and families in South Bend that is critically needed
at this location on Lincoln Way West. I want to thank all of the people who changed their schedules
to show up and show their support for the Women's Care Center.
Councilmember Jo M. Broden stated, With regard to your commitment, you indicated it was
policy. Is there training that backs up that policy? And a follow up, have you ever had to fire,
reprimand or train up a volunteer who was divergent from your mission and policy?
Ms. Hunsberger replied, To answer that question I will say a couple of things. In South Bend and
in other communities, I personally have worked with community members who were not a part of
Women's Care Center who,before we entered a community,were actively protesting and sidewalk
counseling. I sat down with them on several occasions to explain to them why we do not partner
with agencies like that and how it is detrimental to the work we do at the Women's Care Center.
There have been times when volunteers don't understand that but we do it.
Councilmember Oliver Davis asked Council Attorney Bob Palmer, Can they actually give up their
first amendment right? Could you share your thoughts on that?
Mr. Palmer replied, It is just like any other written commitment. If they promise not to do
something, they are free to make that promise. If they voluntarily do so, that is ok.
Councilmember Oliver Davis followed up, As other development is created around that site, how
would that work for them? They can't give up the right-of-way? They can't give up the right-of-
way and so how do they write that?
Mr. Palmer stated, They are limited to commitments on the property legally described in the
petition before you.
Councilmember Karen White stated, I was getting ready to ask that very question. You said you
are willing to give up your right, you're really talking about just your property. If sidewalks are
added, that becomes a right-of-way for anyone.
Ms. Hunsberger replied, Right. Although, we do not have protestors. While it is true that we are
legally allowed to only control the property we own, we do ask protestors not to be in front of our
building and they respect that request.They are not protesting us. We are in a position to say please
don't be here. It has happened only twenty-two (22)times in the last thirty-three (33) years.
Councilmember Karen White followed up,How many of those individuals that signed the petition
live in the area this will be serving?
Ms. Hunsberger replied, I wish I could answer that but these are all handwritten.
Councilmember Tim Scott stated, I have every right to stand out with a sign on a sidewalk outside
your property. If I am a regular citizen, unrelated or unaffiliated with any cause. There is nothing
the City could do or you could do.
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REGULAR MEETING April 9, 2018
Ms. Hunsberger replied, Well, if you're standing in front of our property, on the sidewalk, I will
come outside and ask you to leave. I'm not going to call the police but in our experience,that has
worked.
Councilmember Tim Scott stated, I understand what you are saying but no one has a right to tell
anyone to not be in a public right of way. Also, did you look at any other location along Lincoln
Way West and what was the involvement level of our Department of Community Investment?
Ms. Hunsberger replied, This was the only property we looked at. The reason for that is because
we are funded by the community of South Bend and we had donors who were ready. We knew we
needed an expanded location on the West Side of South Bend. Our Chapin Street facility is not
adequate. We had donors who were willing to fund the purchase of the property because of its
location.
Councilmember Jo M. Broden asked, If this is a written commitment, it stays with the land,
correct?
Mr. Palmer confirmed, That is correct.
Councilmember Jo M. Broden followed up, So that means if your services aren't successful and
you leave that location, anybody who comes in after you, that same written commitment would
stand. How would that be handled?
Ms. Smith replied, Prior to us changing the actual zone map,the written commitment would have
to be recorded in the Recorder's Office and fully executed. That would then tie it to the property
in perpetuity and would show up in any title or deed work that would then be done. If it wanted to
be removed, they would have to go through the public process. The written commitment is
enforceable by the City, the City Legal Team, the Department needed to enforce it as well as
property owners within three hundred(300) feet of the property in question.
Ms. Hunsberger replied, We are not leaving.
Councilmember Jo M. Broden followed up, I understand that, I just wanted to have the impact and
depth of the commitment to be understood.
Councilmember Regina Williams-Preston asked, Is it possible to get a list of all your Centers that
are located next to abortion clinics?The point you make is interesting and I would like to do more
research on that.
Ms. Hunsberger confirmed, Yes.
Councilmember Oliver Davis asked, If your neighbors decide to buy another property, will you
then follow them? Will we see this happen again?
Ms. Hunsberger replied, We have several criteria for choosing a location. You will notice that in
South Bend, our Chapin Street location has never been next to an abortion clinic. So we opened
there because we needed a neighborhood clinic and wanted to be able to serve women well. This
location for us hits our criteria for high visibility and it is easily accessible for the women we need
to serve. It will also be a large Center for us. Whether or not the proposed abortion clinic opens its
doors, we will open there and we will stay there.
Councilmember Oliver Davis followed up, So if they move up the road and open up, you will not
move?
Ms. Hunsberger replied, No.
Councilmember Oliver Davis followed up, Secondly, is there any consideration to keep your
Chapin Street facility open?
Ms. Hunsberger replied, You asked that question at the earlier meeting. We are committed to the
clients who come to us at Chapin. Many of them use several Centers because that location is too
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REGULAR MEETING April 9, 2018
small and they already find themselves having to travel. We have not talked about that specifically
to keep Chapin open. I don't know. But if we can find the funding for it, we will. We will never
abandon clients.
Councilmember Oliver Davis stated, That was a concern. It makes me think about criteria five (5)
of responsible development. Your Chapin facility is great.Personally,I think,outside of the zoning
concerns and public safety, I think that was a major issue.
Ms. Hunsberger stated, We went directly to the clients that we serve at the Chapin Street office
and we asked them and they overwhelmingly support this change.We will not leave clients without
care. These clients we are serving at Chapin are enthusiastically supportive.
Councilmember Sharon L. McBride stated, Councilmember Davis made a good point to what I
stated earlier. I am an advocate and support the work of the Women's Care Center and I would not
like anyone to misinterpret my support of the Women's Care Center. The question came to my
mind of why that location and why close down. My position was that those residents in that
immediate area would be affected.
Ms. Hunsberger replied, We will take care of them.
Councilmember Gavin Ferlic asked, If this Bill is, for some reason, continued, are you willing to
work with the adjacent property owner to potentially resolve any issues?
Ms. Hunsberger replied, We are willing, I am willing, to work with the adjacent property owner
to provide a peaceful environment. We will do that at any time. We are asking for a vote of support
for our petition. And we will meet with and talk with anyone. We have a track record in South
Bend of being very good neighbors.
Councilmember Tim Scott stated, I have all respect for the business and have no concern with the
business at all. My concern is strictly about the location. There are five (5) business nodes on
Lincoln Way. I served on the Corridor Committee. You and Mr.Nussbaum have said that it is kind
of like Walgreens and CVS. I get and understand that but please explain to me how you think a
property with no sidewalks, the density of the neighborhood, how is any of that beneficial? I can
see so many other better locations in other business nodes.Did DCI give you any advice other than
they were fine with it?
Mr.Nussbaum stated, We never talked to the Department of Community Investment.
Ms. Hunsberger replied, What I can say is that we will put in parking spots and we are easily
accessible from the bus stop on Elwood. It is an easy walk. We do not expect clients to walk down
Lincoln Way.
Councilmember Regina Williams-Preston asked, Do you have any sense of what happened with
protests at your closed down location near the Women's Pavilion?
Ms.Hunsberger replied,We did not participate in protesting or in sidewalk activity at that location.
That was not us. Our location is at the head of Ironwood Circle and the Women's Pavilion was at
the end of Ironwood Circle. We did not have activity. That was not us. Those protests and that
activity was not sponsored, supported or facilitated by us. That is not our model of care. It wasn't
US.
Councilmember Oliver Davis asked, Where are your talks with TRANSPO in having that
designated stop?
Mr.Nussbaum replied, When that was brought up to me, I checked, and there is a designated stop
on that corner.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
John McNamara, 122 S. Holiday Drive, South Bend, IN, stated, I am a member of the Area Plan
Commission by virtue of being a County Surveyor and I have been that for forty-five (45)years. I
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REGULAR MEETING April 9, 2018
agree with everything they have said and I will not repeat it. I was in Florida in February when it
came before the Area Plan Commission and unfortunately I could not be there. But I have talked
with other members who were also not there and, had we been there, it would have been enough
to pass it with a favorable recommendation. I know you only have my word for that and I
understand that. But, that is something that probably would have happened. I have known the
Women's Care Center for over thirty (30) years when my children were in high school. I was
involved with the original one (1) in Mishawaka. I have a very high regard for them. They will not
protest, do not protest, and that is the truth. They are telling you the truth. That is another
organization that does all that. I would, as a member of the Area Plan Commission, urge you to
vote in favor of the rezone. Thank you.
Anthony Douglas, 735 Lincoln Way West, South Bend, IN, stated, I actually was asked to assist
the Women's Care Center with a Strong Fathers program and it started three (3) years ago. It is a
program that actually works with first time fathers or fathers who have been mandated by the Court
to come in and have some type of training. I pride myself on being a great father. I have two (2) I
have raised that are doing very well and it is my biggest honor being a dad. I take my position at
the Women's Care Center seriously. I talk to fathers-to-be and fathers that question whether they
should go through this life being a parent, so it gives me the opportunity to share my experiences
of being a father. I commend the Women's Care Center for what they provide,not just for women,
but for men who are looking for a way to help guide, motivate, encourage and nurture their
children. I've been doing it for about three (3) years and I will tell you that, by rule, it is required
for their children to come with the father. They all come to the class and we are able to hold
dialogue on whatever issue you are dealing with as a father. Our aim is to help motivate and
encourage them to continue being productive and active in their child's life. I hope this bill is
passed because we need to have access to the Care Center for people that live in that area. I think
of so many families that will benefit from these services. From my class, we have a great time as
dads. Communication is excellent, participation is awesome, I do more of the facilitating and
listening and dialogue with the dads. I did ask one (1) father to come and share what the Care
Center has offered him and what he has benefitted from being a strong father.
Councilmember Gavin Ferlic reminded the public to please keep comments germane to the
rezoning request.
Melvin Palm, 17128 Ethel Avenue, South Bend, stated, I'm a resident here in South Bend. I'm a
new father again after some thirty (30) years. That program has been invaluable to me and my
family. We get resources and information that are invaluable to me. There are always things that I
learn because I didn't have a father in my life. I have a place I can come to and talk about issues.
There are so many things I have learned that benefit me as a father. I have made a lot of mistakes
in the past with other children I had that I am not making now.I owe it all to Women's Care Center.
Not only do they help with resources,but I learn from other classes that I didn't benefit in knowing
from growing up with my parents. It is invaluable to me and my wife. We need more programs
like this in South Bend.
Andy Kostielney, 52860 Juniper Road, South Bend, IN, stated, I am the President of the St. Joseph
County Board of Commissioners with offices on the 7t' floor of the County-City Building, South
Bend, Indiana. I am here tonight and have sat in those chairs on more than one (1) occasion to
make some tough decisions like you all are making. I appreciate the service and dedication to the
work that you do. I am here in support of this rezoning because I think any time we can increase
access to services to those underserved in our community, we should take every chance we get.
Specific to this zoning issue, I think sometimes with zoning things, we can get tied up in the
emotional aspects of things. But we have to look at this from the zoning standpoint and ask if this
is a good use of the property. Does it fit with the surrounding properties? A lot of the areas there
are commercial or business in nature. If they were to get expanded further out into the
neighborhood it might be in a more residential area. Keeping it here will keep it closer to what is
already currently being zoned. I hope you support this endeavor.
Yesenia Gomez, 55158 Lexington Avenue, South Bend, stated, I really want this change because
I attend those classes. I go two (2) to three (3) times a week. They help me a lot. I was a single
mom and I have six (6) kids. I have attended the classes for years and I really appreciate them
supporting me for many years. I want them to continue doing those classes.
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REGULAR MEETING April 9, 2018
Christine Weiler, 18351 Brussels Drive, South Bend, IN, stated, I had my first contact with
Women's Care Center in 2005 as a rising senior at St. Mary's College. I had that contact initially
as a volunteer counselor there and then after I graduated they actually gave me my first job as a
counselor. My most recent contact with the Care Center was in January of this year when my
doctor's office sent me there to get a proof of pregnancy for my third child. So, I've been on both
ends of the spectrum as a counselor and as a recipient of services. I wanted to speak in favor of
this rezoning because the experience I had as a counselor had a profound impact on me, but most
recently as a client, I was really touched by what the counselor said when I went into that
appointment. I am a regular donor to the Care Center and was really surprised to see myself in a
position where I needed to utilize those services. The counselor said to me `We are here for every
woman in this community, regardless of what your needs and circumstances are, we are here to
serve all of the women and you have every bit as much a right as any other woman in this
community.' That really speaks to me about the mission of the Care Center. It is not political and
not activist, it is about helping women and children whatever their needs may be. I think rezoning
and expanding their services on the West Side is going to continue allowing them carrying that
mission and better serve all of the women in our community. I also wanted to speak to a comment
someone made earlier about training the volunteers to not engage in protest or activisim. It was
thirteen(13)years ago now that I had my training at the Women's Care Center and I haven't been
formally affiliated with the Care Center since I left for graduate school in August of 2006. I have
not engaged in a single protest or pro-life activist activity in that entire span of time not because
my positions have changed in any way but because the formation that I received in my training for
the Care Center lead me to believe that is not the best way to serve women, necessarily. I wanted
to speak to that point that the training the volunteers and counselors receive is all about how to
best to care for women's needs,not about how to stir up the dust. I encourage you to please support
this measure.
Father Glenn Kohrman, 3625 Saints Johns Way, South Bend, IN, stated, I am the Pastor of St.
Johns the Baptist Church and also Holy Family. I live at both places and sleep in both places at
times. I serve both communities. I pulled up Google Maps and the Women's Care Center is about
two hundred(200) yards from my front door. The parking lot at St. John borders Beacon Heights.
People can walk across my parking lot in total security and then it is just two hundred(200) yards.
If they cut through yards they might have to walk around the block but literally, as the crow flies,
it is two hundred(200)yards. Esteemed Council members, I appreciate all you do. It is never easy
to govern.It is never easy to make those decisions but what is most important,I would argue,about
the zoning issue is being concerned about the common good. I don't quite understand the concern
about ease of access when the people that would attend or go to the abortion clinic would have that
very difficult time of crossing the street. I would invite you to deeply reflect on what is at hand
and what the question is about and it is about zoning. It is about a simple zoning issue. I saw some
paper work and it makes sense now after hearing about the Bendix Node in the presentation. I
could have sworn I saw the documents that the property from the personal owner was zoned to be
either commercial or residential. I know that person had the idea and saw that as a very marketable
aspect of that property because he ran a business out of there. He was thinking in the future he
could run a business out of there because of the ideal location being right in that transition between
businesses and residential. As human beings, I don't know what you believe or whether you
believe in God or not. I always tell people that there is only one(1)thing I know it takes more faith
in believing in God and that's not believing. Before I was a priest, I was an engineer. I have a
Master's Degree in Mechanical Engineering and Acoustics from Purdue in 1987 and have been a
priest for about twenty-five (25) years. But honestly, I really invite you to look at the objective
reality of what is being said here. You are looking at an organization that loves its people and
provides services. You heard it, over $600,000 of material services last year alone. They are not
judgmental. They aren't trying to advocate one (1) side or the other, they are advocating for
women. They are advocating women make an informed choice. Why in the world anybody would
oppose any situation or circumstance that invites people to be more informed about the decisions
they make is beyond me. I've counseled a lot of people and I know a lot of people who have made
the bad decision of abortion and often times these people regret it deeply, both men and women
alike. They have a lot of emotional trauma. I know there is a lot of fake news out there but you
know what is worse than fake news? Fake science. When people aren't willing to look at the
objective facts and objective science and all the clinical reality that points to how much the
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REGULAR MEETING April 9, 2018
Women's Care Center really truly serves all that is true, good and beautiful, that is not good. If
you're not voting for a zoning that brings something true, good and beautiful to that area, what
does that say?Are you open to the false,bad and the ugly? I don't know. But just think about that.
I invite you to rest politics from this. I'm in front of over 1,000 families every weekend and I don't
know how I would be able to process a simple zoning issue that is bringing so much good to my
community. Beacon Heights is a huge area that is in need of great service. The first week I was at
St.Johns, I've been there a couple years now, I heard gun shots. All of humanity passes by way of
the family. Women's Care Center does what it can to enhance the family. It is all that is true, good
and beautiful. I invite you to rest politics from your decision and reflect on what is at hand and that
is the zoning issues. If this gets the permission of being there, I suspect the population of South
Bend will grow and not decrease. God Bless you.
Councilmember Gavin Ferlic reminded the public to please keep comments germane to the
rezoning request.
Derek Fodrocy, 3601 Lincoln Way West, South Bend, IN, stated, What can I say to top what
you've heard already. I would like to expand a little bit more with my letter I've created. This
residence has been in my family for three (3) generations now. I have no plans of leaving any time
soon. The property two (2) doors East of me has changed ownership quite a few times in the time
I have owned my property. I would like to explain more about my approval of this Care Center to
operate at this location. I will not go in more depth to list the complete services they offer as I
cannot compete with what you have already heard. I have been very impressed as a life-long
resident of the City's West Side community. I see a great need for the services that they offer,
especially with the recent loss of the adjacent St. Vincent DePaul in our area that assisted many
residents. The plans at this property include many renovations that significantly upgrade the
landscape, all while keeping the warm and welcoming residential feel. But unlike most business'
rezoning requests,their operation and hours will not negatively affect my family or the surrounding
businesses in the area. Their operations are during the day which pose no disturbances to the
evening and nighttime. Also, the neighborhood directly behind them that some people have
questioned has a very large population of young families that could be assisted greatly by this
service. I welcome the Women's Care Center between my property and that of the Whole
Women's Health Clinic as a graceful buffer and gentle transition from the commercial brick-and-
mortar business to the east of us. After seeing what they have done with all of the other locations
they have, this is a perfect fit for this area. Our property values will only go up as a result of this.
If this is denied, I am greatly troubled as to what will happen and who will end up with this
property. I take them for their word in that they will not allow protestors on their property. I am
aware of the opposition to this but all the neighbors I have spoken to in the immediate area are all
in support of this and they signed the petition in support. I urge all of you to grant the zoning
request. Please, with your power, make a decision that serves the greatest good and the positive
contribution of those who need it most. God Bless you and thank you for your time.
Desire Douglas, 2813 Lincoln Way West, South Bend, IN, stated, I moved to South Bend in 2005
and have lived on the Lincoln Way West corridor the whole time. I am also a former client of
Women's Care Center. I later became a volunteer and I am now a full-time employee of the
Women's Care Center. I have seen it on both ends of the spectrum. I believe our Chapin Street
location can move and still be an asset to the area of the Chapin Street residents. Being with
Women's Care Center, we have always catered to the needs of our clients and we can help with
our clients to get to a new, larger location than the Chapin Street area. I've worked as a childcare
teacher, a parenting class teacher and a counseling assistant for Women's Care Center and I've
seen the good it has done for our clients. We would love to assist the Chapin Street residents over
in our new facility. There will be more room. I was a client at the Chapin Street office and it is a
small office. We need something bigger and better for the Women's Care Center. Living on the
Lincoln Way West corridor, I know the Women's Care Center can bring a more diverse aspect to
the area. Our community deserves it in that area. I've lived there since 2005 and I've seen
businesses all up and down the corridor, especially from the Bendix corner all the way out to the
Airport. We have seen several commercial businesses on that corridor so to rezone for the Center
over there will only help. Women's Care Center is here to help the community and we have done
so over the last thirty-three (33) years. We want to build our family and have more structure for
our families. We have morning, mid-day and evening classes and our parents come and go with
no safety issues. We teach toddler classes and our parents come with their children to our Centers
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REGULAR MEETING April 9, 2018
with no safety issues. The eight(8) years I have been employed by Women's Care Center, I have
never seen any protesting. I've worked at the Ironwood location,the Notre Dame Avenue location
and the Chapin Street location and we have had no protests that I have seen. I know that Women's
Care Center can just bring great things to our community on the West Side. I like living on Lincoln
Way West. I love being on that corridor. I have seen it go through some changes. I have been a
part of community service projects to cleanup the Lincoln Way corridor and the organization that
had that cleanup was also recognized by the City Council. So Lincoln Way West could use more
diversity in this area so we would just ask you consider rezoning the Women's Care Center to the
Lincoln Way West location. Thank you.
Katherine Manion, 1511 E. Madison Street, South Bend, IN, stated, My uncle, Mike Hamann, is
the Saint Joseph County Auditor. He couldn't be here today because his son is very sick and in the
hospital. He did ask me to read his letter and I will share that with you. Dear Common Council
Members, I strongly urge your support for the Women's Care Center's rezoning request. My late
wife, Mary, was founding Board Member of the Women's Care Center along with her sister, Ann
Manion,who oversees the Center today. In addition,my wife Lori has been touched personally by
the Center. Her daughter was a client and Lori is passionate about the important work that they do.
Lori believes her precious grandbabies might not be here today but for the love and support of the
Women's Care Center. This Center was founded on the belief that no one should have to face
unplanned pregnancy alone. The strength of this organization is that they are not political or
divisive. They simply offer unconditional love and support to women who are pregnant. Lori and
I know, first hand, the quality of their services. It is care that goes beyond a decision for life.
Hundreds of women and men per week attend educational groups and classes. Along the way,
parents earn much-needed necessities like cribs, car seats, diapers and new baby clothing. The
addition of this important work in the Bendix Node will be a great impact. Please know that this
ask for me is personal. Women's Care Center getting this zoning request means more to me than
many other issues that I am confronted with on a daily basis.Please lend your support to this much-
needed expansion. Mike Hamann, 2658 Tomahawk Trail, South Bend.
Bob White, 615 N. Michigan Street, South Bend, IN, stated, Thank you for the chance to address
you. I've worked in South Bend for thirty-seven(37)years now and this is my first chance to talk
to the leadership. I am asking you to approve this rezoning request and would like to give you
some context. As you know, we have just built a new children's hospital. It is state-of-the-art and
world-class. You may also know that within a couple miles of that hospital, and here, in fact, the
infant mortality rate, the maternal mortality rate, the number of infants who have complications
from premature birth is third-world level.We can't fix that by building bigger hospitals or bringing
in more specialists or getting fancier technology. We have to address that on the ground. The rest
of the developed world's healthcare systems look like a triangle. They have an army of healthcare
workers in the neighborhoods and a small number of high-tech,well-trained people at the top.That
is all they need because they take care of problems when they are small or before they even occur.
In the United States, we have an inverted triangle. We don't have many people in the
neighborhoods and have a lot of high-tech specialists. We need them because we have a lot of sick
babies and mothers. We have to put more resources in the neighborhoods and that is why I am
asking you to allow Women's Care Center to expand at this location. If you're a young woman
and find yourself pregnant,with our healthcare system now,you call a doctor's office,maybe three
(3) or four(4)to get an appointment. Maybe at a time that is convenient for you, and you may not
get anything else until you get to that office. Maybe when you get there you will get started on
vitamins, maybe you'll get some pre-natal education and counseling, and maybe you won't. That
is how our system works. If you walk into Women's Health Care Center tomorrow, you'll get a
pregnancy test, an ultrasound, pre-natal vitamins, counseling, pre-natal education and support.
That is what we need more of. This is what Women's Care Center provides and there are other
partners in the community as well. But as you have heard, the Care Center provides the lion share
of this type of support. They are a valued partner for both of the health care systems in this
community. I am asking you to approve this zoning request so that we can increase the health care
on the ground on the West Side of South Bend. We really need it. Thank you.
Randall Suttor, 615 N. Michigan Street, South Bend, IN, stated, I am a physician as well and I
work at Memorial Hospital. My role is being faculty of the residency program there. I also serve
on the Board of the Women's Care Center and as Medical Director. I,along with a number of other
physicians,provide oversight to make sure things are done well with the services that are provided.
I ensure people are well-trained and that these services operate on a professional level. I can also
say because the residents I supervise take care of a large number of women that don't have health
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care outside of that, anybody who comes into Memorial that doesn't have a doctor that is pregnant,
we end up serving through that program. We see the good and the bad starts to pregnancy. A large
number of the women we see coming in have been to the Women's Care Center,have gotten early
advice and an early ultrasound that helps us know when their due date is. That can be really
valuable in managing complications at the end of the pregnancy. Knowing within a few weeks
isn't good enough a lot of times. How we manage a woman who is facing those complications is
benefitted by having that early ultrasound. Unfortunately too often we have women coming in late
for pre-natal care and we don't have any information. They haven't started on their pre-natal
vitamins and they have done things that are detrimental to their own health and, as a consequence,
the baby suffers too. So the Women's Care Center provides a really valuable service. One (1) of
the underserved areas is exactly in this proposed region and so I think this new location will
provide better access for a number of women who aren't willing to make the trek. I see that as an
incredibly positive step forward. It is a pleasure to be associated with an organization like this and
I urge your support.
Anna Trinidad, 234 S. Chapin Street, South Bend, IN, stated, I would hope you all consider the
fact that we are a smaller Center right now. We are the smallest of the three(3) South Bend offices.
We are bursting at the seams already. We do have two of the same classes on Fridays because we
cannot accommodate that many people at the same time. I also want to share the fact that by
moving to this area, we are closer to the Washington High School area which does also serve
Lafayette and the Equity Parenting Program. We would then be able to work in collaboration with
them to help our young mothers complete their high school education and make a plan in furthering
their education to complete college by setting realistic goals that we can guide them through. I
think moving there would benefit teen moms and young moms. I think by expanding we can serve
more people and not have to duplicate services.
Beverly Horton, 360 N. Notre Dame Avenue, South Bend, IN, stated, I have had the privilege to
serve the Women's Care Center for over sixteen (16) years and I have seen women come that
didn't have supplies such as car seats, strollers and diapers for their babies. I believe that as our
families grow, we need to grow. By moving to a different location, we can accommodate our
families that have grown. I believe that will be a great asset to our community.
Mary Bruinsma, 3116 Weist Lane, South Bend, IN, stated, I have also been an employee of the
Women's Care Center for over thirteen (13) years and just in listening to all this debate about the
zoning, I want to keep my comment on just that. The one (1) thing I didn't hear specifically
mentioned is,and I don't know a lot about zoning details but in terms of my experience of working
with women at Women's Care Center and in terms of being located next to Whole Women's
Health, what I have seen in the past when I have worked at a Women's Care Center located next
to an abortion clinic,there are many situations where a woman goes into an abortion clinic and she
is very conflicted about her decision. I would like to just please consider the importance of having
that option nearby and in this case it would be next door. I have personally witnessed the beautiful
transformation of what happens when a women, who feels like abortion is her only option, is
presented with the possibility of other options along with the continued support to enable the thing
that maybe her heart really wants to do but feels like she can't. In relation to the zoning issue, I
would support the Women's Care Center being located in the vicinity of the proposed abortion
clinic. I just want to tell you that I have witnessed beautiful transformations of women who have
chosen to continue their pregnancy. I have seen their lives grow and blossom into beautiful young
women and mothers. They grow in many areas that we were able to open doors into. We provide
the supplies they need and they come back very happy with the choice they make. I want to thank
you for considering that point of view. Thank you.
Chuck Freeby,2233 Cross Creek Court, South Bend, IN, stated,My wife,Dianne,and I have been
affiliated with Women's Care Center now for twenty-three (23) years. In those twenty-three (23)
years, I have never seen protest at a facility. I realize as a journalist you're not supposed to take a
side and I try to do that in my professional life. As a civilian, I have to take a side on this because
as I look at your rezoning criteria, while I'm not privy to the comprehensive plan, I look at current
conditions and the character of the current structure and I see an improvement that will be made
with what Women's Care Center has in its architectural plan. It is a nice transition from the
commercial to the residential area.The conversation of property values throughout the jurisdiction,
I look at the property values of the places that Women's Care Center has taken over already and
have seen them increase. As to responsible development and growth, basically, it follows from
points two (2),three (3) and four (4). So if we are talking about this as a purely rezoning aspect, I
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don't see anything there is to have a debate about. Women's Care Center has developed their
properties well, they've maintained them and they've been protest-free. We've spent a lot of time
on this tonight and I hope that in hearing this testimony you have heard from people, you would
take into account those 1,390 women in the 46628 and 46619 who use these services. I do
appreciate the concern about the care for the people in the Chapin Street neighborhood but they
will continue to have access, too, whether it be at Notre Dame Avenue or at this new location. I
strongly encourage you to support Women's Care Center in this because it makes perfect sense.
Michelle Fodrocy, 3601 Lincoln Way West, South Bend, IN, stated, You heard from my husband
earlier. I have the same views but I would like to discuss my views as a woman. I have two (2)
boys and not being raised here, I was raised down South, we didn't have a lot of pre-natal care or
as many of the opportunities that South Bend has to offer. When we had our boys, my mom had
passed away and I didn't know of the services that were even offered. When we took over my
husband's grandma's house, you get to know families and friends in the neighborhoods behind
you, across the street by St. Johns and Beacon Heights, and you hear about the moms that can't go
to the doctor as they rely on the Medicaid transportation and it is not accurate. They wind up to
their appointments late and end up not being seen. Having our neighbor be the Women's Care
Center would be a great asset because it is right there. It is visible and there are so many women
who are on the fence about whether or not to keep their baby and who will be there to support
them. Diapers are crazy expensive and you really feel like you're all alone. If I would have had
the Women's Care Center, I think it would have been a great weight lifted off me as it would have
provided someone to talk to about the issues I had and give me advice on how to help myself. I
urge you to take on the Women's Care Center and let them make home right next to us. They
would be a great asset to our community.
Anne Manion,360 N.Notre Dame Avenue, South Bend,IN,stated,I am the President of Women's
Care Center. First, I want to thank you all for your patient listening to all of the people that came
to support us tom. We really appreciate it. I also want to say that I've learned some things
tonight and I do appreciate the concerns of the Council and I think that we can keep our Chapin
Street Center for two (2) days a week to accommodate the people without transportation. I wanted
to add that into the mix if that would be helpful. Again,thank you so much.
At 9:17 p.m., Councilmember Tim Scott made a motion for recess. Councilmember Oliver Davis
seconded this motion which carried unanimously by a voice vote of nine (9) ayes.
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 9:26 p.m. Committee of the Whole
Chair Gavin Ferlic presided with nine (9)members present.
Marcy Bauer, 1426 Wayne Street, South Bend,IN,stated, Good evening,members of the Common
Council. I've been really impressed with the testimony we have heard from the other side and I
want to acknowledge the wonderful work of the Women's Care Center.It is great and it is a service
to our community, but I am here to talk about zoning. Specifically, the rezoning of the property
located at 3527 Lincoln Way West from residential to commercial. I want to talk about zoning and
the way it works regardless of whether we are talking about rezoning of Women's Care Center or
a Laundromat. It is still zoning. I am an urban planner and have a Master's Degree in Urban
Planning, I've worked for the Area Plan Commission and the South Bend Redevelopment
Commission and so I know a little something about zoning and its impact. I have also taught urban
planning at IUSB as an adjunct instructor for a number of years.Zoning is a right that is established
by the United States Supreme Court that allows local governments to regulate the height,bulk and
use of public private property. The underlying purpose of zoning, and this is what is most
important, is to protect the health and safety of the public. I would submit that rezoning this
property does nothing to project the neighboring resident's health and safety. In fact, it may have
the potential to harm it. The Commercial Corridor Plan that we have heard about for Lincoln Way
West includes residential breaks along the corridor of commercial properties. The property in
question, I originally thought, might be in one (1) of the residential zones because it is very hard
to read the plan online. I guess as somebody who is familiar with land-use, I question why that
was done when clearly that zone is very narrow and the present use is residential. So if you are
trying to look for conformance with a Master Plan,that zoning is considered as a part of it. So,the
current residential use is still part of the Master Plan. But, back to the concept of the Commercial
Corridor Plans,what they talk about is having these series of nodes with residential uses in between
and they say that is a more desirable pattern of development than purely straight commercial all
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along the corridor because, and I'm quoting, `...it can create pedestrian-friendly destinations with
unique identities that have the greatest chance of competing in the regional atmosphere. However,
it is evident that there is some erosion to this clear pattern as some homes between nodes have
been adapted to commercial use. A shortage of commercial space is not the driver for this
conversion given that there are several vacant properties along the corridor. This change should be
halted before these changes negatively impact the corridor.' It then goes on to say, `It is important
to ensure that development does not creep into the zones that are, and should be, predominantly
residential between the nodes. Where current uses are consistent with policy, the existing zoning
should be enforced and changes of zoning to individual parcels should not be permitted.' So it
seems to me that,regardless of whether this property is on the edge of this zone,the circumstances
of this request go against the spirit or the essence of that plan. To rezone one (1) property in this
piece of the corridor is indicative of spot zoning. Spot zoning is rezoning one (1)piece of property
to benefit an individual owner, rather than to benefit the community. When the property is
indistinguishable from the adjacent properties, and looking at those pictures, they are three (3)
residential homes that all look similar. Based on the ideas of the plan, residential use is most
desirable for this property and for its neighbors to maintain the separation between the two (2)
commercial nodes. If you allow a zoning change on this property, you are potentially starting a
domino effect. I urge you to vote against the rezoning.
Cannella Vizza, 101 E. Mishawaka Avenue, South Bend, IN, stated, I am here to share a very
private experience because it is the right thing to do. While completing my PhD in
Biogeochemistry,I struggled with the University of Notre Dame's restrictive birth control policies
and found myself unintentionally pregnant in the summer of 2014. Due to health concerns, my
partner and I made the decision to have an abortion. I do not regret this decision. I grew up in
Texas and am surprised to learn that Indiana's environment is even more hostile towards patients
seeking abortion care. I first called Planned Parenthood in Mishawaka where I was informed that
they did not provide abortions. They referred me to the Women's Care Center. I then set up an
appointment with Women's Care Center on LaSalle to acquire a pregnancy test. There, I was
subject to mandatory counseling including intrusive questions about whether I wanted to have the
baby.I was not offered an ultrasound nor provided any information about pre-natal care or possible
pregnancy complications which was my original concern. Staff were aggressive and followed up
multiple times by phone about parenting classes and other unsolicited resources. In the following
months, we suddenly began receiving lots of mail geared toward new parents that we have never
received before. I would also like to state for the record that my spouse and I submitted letters in
opposition to the rezoning application but we received no such invitation to talk with the applicant,
as they claimed. Shortly after my experience with Women's Care Center, my partner who is now
my spouse and I made an appointment with the Women's Pavilion. We drove by the clinic which
was located right next to a Women's Care Center. We immediately saw around a dozen anti-
abortion protestors. We decided to park our car at the nearby McDonalds because we feared they
would take down our license plate. As we walked by the protestors they started swarming us,
getting in our face, and shouting. Thankfully, clinic defense volunteers helped us inside. Even
though I had already made the decision to have an abortion, the State mandates a waiting period.
We were forced to come back,in person,to receive the pills I required.This meant walking through
the protestors again,all while being concerned for our safety. I firmly believe that women in South
Bend need access to compassionate abortion care. Whole Women's Health would provide such a
clinic along with other reproductive services that Women's Care Center does not provide. The
location was strategically chosen to provide a parking lot and a space without protestors.
Unfortunately, Women's Care Center bought the residential home right next door so they can
confuse and intimidate women seeking abortion care. I respectfully ask the Council reject the
rezoning application. Allowing them to open up shop right next to Whole Women's Health would
create a conflict zone. There would be a constant barrage of protestors, news coverage and police
presence fueling unnecessary and traumatic experiences for all involved. The intimidating mass of
people gathered here tonight feels all too familiar. I therefore urge you to protect the physical
safety and emotional well-being seeking reproductive health care. Please do not allow a private
medical service to become even more of a political football. Surely, that would only perpetuate
injustice at the expense of women, children and families in our community. Thank you.
De Bryant, 215 N. Scott Street, South Bend, IN, stated, I am here to speak on behalf of opposing
this petition for rezoning. I will begin my comments by saying I am a community psychologist. A
community psychologist is someone who is involved with not only clinical diagnosis and personal
problems people experience but also issues of public forces that complicate those personal
problems. As I have sat here this evening and listened to the comments of others that come before
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me, I am able to identify what those different elements are. The first point regards safety and
whether this is, indeed, an intimidating atmosphere. I think there is a predominance of evidence
that points out this will become an intimidating atmosphere.I won't belabor that point. My second
point,however, is one (1)that has come up since listening to the comments this evening. The idea
that the Women's Care Center would provide the only real care that women will get on the West
Side strikes me as false. This is because at 2806 Lincoln Way West, we have the Community
Wellness Partners who provide exactly the same type of services that I've been hearing talked
about this evening. They just received an $11 million grant as one (1) of twenty-eight (28) other
people who applied from the ISDH to continue providing those services. So the idea that Women's
Care Center will be the only place such services could be provided causes me to wonder about my
third point. It is easy to talk about how personal should remain personal and shouldn't become
political. But, the personal is political and we see it happen all the time with these types of
decisions.We watched it happen historically as what seemed like perfectly reasonable and humane
language we've used this evening such as common good, objective knowledge, service for all and
choices. It masks what happens when we don't have all of the information we need in order to
recognize the interaction between the personal and the public. In this instance, that interaction is
happening around the issues that have to do with the Human Right of having health care that is
necessary. Being able to get preventative,and holistic care without having the opportunity to
choose life was the wording I heard. Each time someone spoke, they did, indeed, talk about the
many opportunities except one(1)that they won't talk about. They will talk about everything else,
and I am sorry, but that is not choice. Also, if we are saying that this is on behalf of all these
minority women who otherwise wouldn't have any care, it takes me back to point number two (2)
which is that this care is provided by a firm that focuses on minority women that just got a lot of
money to continue providing the type of care we have heard described this evening. It is necessary
for us to look beyond the rhetoric and recognize the decision that faces us here is whether we will
codify these zones of conflict, and therefore, continue making it not possible for women to receive
the type of care necessary to talk about reproductive justice in healthcare.
Pam Claeys, 1106 Bellevue Avenue, South Bend, IN, stated, Thank you for this opportunity and
spending your Monday evening listening to the many comments.I am here because I totally oppose
this rezoning request. I speak to you from my experience in neighborhood leadership, in
transparency, in conflict management and resolution and maintaining residential property values,
as well as my experience in clinic defense. On the surface, this appears to be a regular rezoning
request. The analysis that you see says that it will correspond well with adjacent commercial and
office properties; I beg to differ. You heard Mr.Nussbaum. This was a strategic location. Putting
a CVS next to a Walgreens, it is more than that. Women's Care Center has purposefully and
manipulatively targeted this purchase to secure a place right next to the Whole Women's Health
Alliance. Now the Women's Care Center says they do not have protestors. They are absolutely
right. They don't have protestors. They wash their hands of protestors, but they are right. At the
former clinic on Ironwood Circle,they were not their protestors. The protestors that were there are
magnetized to this issue. I've seen it as recently as February of this year at a protest at our
Congresswoman's Walorski's Office. People across the street with ten (10) by twenty (20) big
pictures,loud voices and speakers. That harassment will be there. It has been there for a long time.
To be clear, this is not a First Amendment issue. Both parties could really exist next door to each
other. The problem is the unplanned, uncontained, unlawful harassment that is going to be
magnetized to this site. And please, don't close your eyes about that because it's going to happen.
Many of you don't remember the late 80s and 90s, when outside agitators came in. Police had to
be called. I referenced an article in the South Bend Tribune from March 2016 that I hope you have
in your packet.It describes a history of trespassing,intimidation,restraining order violations,mass
arrests for blocking access to the previous abortion clinic, locking themselves in the clinic, and
spraying butyric acid. They were not Women's Care Center protestors. They were protestors of
the clinic. That is going to happen if you allow this rezoning. I can personally testify that providing
clinic defense was dangerous, even with police protection. Police were called multiple times and
several times daily to enforce the restraining order that had to be gotten to keep the sidewalk
counselors away from the guests trying to access the clinic. You heard Carmella. As recently as a
couple of years ago and early 2016 there were sidewalk protestors and there had to be clinic
defense workers to safely guide them. Just because there is a boundary line, there is a room
between there and the street. There is plenty of room for protestors and they are going to spill onto
Lincoln Way. I know that and you probably realize that in the back of your head. This is going to
cost us money, it is going to be a safety issue, a drain on the South Bend Police Department and
other first responders and granting this request would be a disastrous financial and safety issue for
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the City of South Bend. Women's Care Center says they are not activists. How did they get this
many people here?Not everybody read this. They were activated to come here. Thank you.
This being the time heretofore set for Rebuttal on the above bill, presenters and petitioners were
given an opportunity to be rebut.
Ms.Hunsberger stated,I would like to say a couple of things. The first is that,in terms of rezoning,
I would like to remind the Council that the immediate neighbors and several other neighbors have
all applauded and are in favor of this rezoning. The people most impacted by the rezoning do not
see this as a detriment either to their property values or the use of their land. They see it as a
positive. The second thing I would like to say is, in terms of magnetizing protestors, I think we
would say that in many ways, we agree. Part of our whole position is that we agree that that
experience is not good for women. Protestors do not protest us. There will be, there have been,
there may be protestors at Whole Women's Health, but they won't be on our side. We provide a
barrier to protestors. We don't galvanize protestors and we are incredibly grateful and proud that
so many members of this community were here tonight to say that they support the work that we
do at Women's Care Center,knowing full well that what we do is not protesting or activism. They
are here because they stand behind that model that says no to protesting and no to women walking
through those picket lines.This is what our community is saying. Women's Care Center will bring
that to this location. We agree on that point. I will also say that it makes me sad there was a client
who came to Women's Care Center who didn't feel particularly welcomed or who felt the
questions were invasive. That is not our model and that is not our care. We provide care without
judgment. I don't know what the situation was and I would like to look into it. It is,though,worth
note that the women seeking abortion services was recommended to our Center by Planned
Parenthood which is the larger abortion provider in the Nation and world. Even Planned
Parenthood recognized the quality of care that we provide and they would recommend our services.
The third thing is that we love and utilize Community Wellness Partners all the time. They are a
great partner organization for Women's Care Center. We do not provide the same services. They
are more medical care and they provide a great service and it is fantastic they received that huge
grant. We could not be more thrilled about that. The West Side needs more, not less. They need
Community Wellness, they need Women's Care Center, we need both.
Councilmember Gavin Ferlic then turned the floor back to Council for further comment or main
motion.
Councilmember John Voorde stated, This, on one (1) hand, seems to be a complicated issue and
on the other hand, I don't think it is complicated at all. If you look at this purely as a zoning issue,
I have to agree with my former teacher Marcy. I think based on what our Council Attorney has
listed as criteria, what the Area Plan Commission staff has offered as holding this particular use
up as a buffer to separate commercial from residential, I don't think you can find any better buffer
than what these folks are doing. They are taking a home and are putting in several hundreds of
thousands of dollars, apparently, and will maintain the residential character. It is not a high or
intense use. It might as well be a quasi-medical counseling office. I'm convinced that what they
do is very good work and very much needed. They are very much a lifeline to someone who might
be conflicted about what might be the most important decision they make in their life. I do wonder
a bit, I'm not clear on what Women's Care Center does if someone comes in and rejects the life
alternative and choses abortion. Do they continue to be hounded in some way? Further, I would
say it seems clear to me that this service is needed. The whole location issue is almost secondary.
The fact is where they are now is too small and they have to do something about that if they are
going to continue providing the services they do like on Notre Dame Ave and LaSalle. I don't like
the idea making it any more commercial but this isn't a right to life or right to choose issue. Sure
that is out there and this has ramifications but which ever you choose, this Women's Care Center
provides a real psychological and meaningful alternative. It just seems to me that if is just a zoning
issue, I don't think there is valid basis to turn it down. There are ramifications to this whole thing
that we can't turn a blind eye to or put blinders on, but then you're even more persuaded to allow
this to happen. It provides a great buffer that you've never had the investment in from anyone else
and secondly it is just a needed service. I came in to this meeting leaning toward supporting this
petition and after hearing everybody, I'm even more convinced that it is the right thing to do. I'll
be voting in favor of this.Earlier in the Committee meeting,there was a notion that continuing this
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for two (2)weeks might help people make up their mind and maybe there is some common ground
that can be found and I would be more than willing to make that motion if need be.
Councilmember Dr. David Varner stated, I appreciate all the time you folks have put into this. I
also visited the Center at the request of the Director. I'm prepared to make a decision tonight. I'll
follow Councilmember John Voorde's line, if we are looking strictly at zoning, a buffer is
supposed to do exactly that. It is supposed to create something different between a hard retail or
commercial and a hard residential. Office use of any sort, whether it is a professional office or
insurance agency or something like that,provides that kind of buffer. I agree with Councilmember
Voorde again that there is not likely anyone else to come in and use this house for other than a
house. The next opportunity would be a restaurant which is still an option. That is one (1) of the
things to be considered in this. I think this is doing what is asked and intended. I think it is almost
a little ironic that if this clinic doesn't get this license, this whole thing becomes rather moot. I'm
prepared to act in favor tonight.
Councilmember Oliver Davis stated, It was my understanding that even if the clinic doesn't get
their license that they will still be there. That is what I'm hearing from you all especially when you
said you will keep both locations open. That helps this whole thing come together a lot better in
my mind.
Councilmember Tim Scott stated, I've written a lot of notes and would like to make my comments
known,this being a part of the 1St Councilmanic District. I look at this,and I was part of the Lincoln
Way/Western Avenue Corridor Planning Committee, and there are so many things here. I
appreciate all the work the Women's Care Center does,but it isn't about the work. I have said that
from the beginning. It is about the location. What is along Lincoln Way and, as part of my district,
we want more for Lincoln Way than what we have and what we are getting. Dr. James Mueller
knows this as well as anybody that what we are doing here is completely reactionary. I'm going to
be hard on DCI and they know it but I hope it pushes us in the right direction. The Western Avenue
Corridor Plan is just amazing. If you look at that, it is amazing what that can be. What it will take
is investment in time and resources just like we put into down town. We did this three (3) years
ago and we did phase one(1)which included restriping Lincoln Way and Western Avenue. We've
worked a lot on Western Avenue on facades and the Commercial Node within it but we haven't
done a darn thing on Lincoln Way. To me, the businesses that have moved along there are
reactionary. No disrespect but to me, it is taking a square peg and trying to put it in a round hole.
Whatever the reason is for buying the property, there are things that are out of your control. There
are no sidewalks and there is no way to get to it. You can tell people all you want to get off of the
bus at Illinois and walk down Elwood but people are going to walk down Lincoln Way. It is part
of a TIF District. What I would have loved to see is one (1) of these Nodes where there is higher
density with places like Olive or Blaine that needs a lot of potential and have this investment there.
To me, this would be a great anchor within one (1) of those other Nodes. Mr. Nussbaum, I know
this is part of the Bendix Node but there was no written legal plot of what that Node was. You look
at some and it may include that property, it may not. The buffer is literally the office space right
next door to the East. Right now, it is a good transition from the gas station to residential. What
we are missing from this, and this is what I see as an erosion, is the residential node. That is a big
thing that is missing along Lincoln Way is redevelopment in that Residential Node. With that, my
decision has nothing to do with the business and service you provide. I was completely against the
Dollar General across the street because it didn't fit the plan either. They made exceptions. Dr.
Mueller is the third Director of Community Investment since we did this Plan. I already reached
out to him and I want the Western Corridor Committee to meet with the new members on Council
and anybody else to discuss the plan. Why are we doing these plans if they aren't actually going
to work? I don't care who you are, you cannot control who is going to be exercising their lst
Amendment right on the sidewalk. Whether it is your business or the competition. The other
business didn't have to come before us because it was already zoned. But,to date, I have received
over 3,000 emails from California to Florida,Maine and back to not allow an abortion clinic in my
District. I get it. I'm glad you are respectful and you have a good policy on protests but you can't
control that. I will not be supportive of this.
Councilmember Jo M. Broden stated, A lot of the comments of my peers on the Council have
started with the word `if.' If, if, if. It is not if we are to look at this as a strict zoning plan, we are
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REGULAR MEETING April 9, 2018
mandated by law to look at this as a strict zoning plan. So the focus is on the plans that are in place
that have been approved and if there is a question to the clarity as to what is captured within those
plans with regard to a residential stretch or Commercial Node, that clarity exists. It exists parcel
by parcel. What is captured in the Lincoln Way and West Side Corridor Plan is this property. It is
captured as a commercial higher use area than the residential that it is. The purpose of, in my
opinion, these planning documents are they allow us, when a petitioner comes up about this given
slice of land, to look at it based on what we have collectively said with the comprehensive plan.
More recently, we must look at it as what is in the West Side Corridor Plan. I particularly like the
direction that past Councils and planning staff affords us, as we come to these seats, on good
planning principals. The commercial corridor for the node, by law, is within our plans and within
our statute that we have to look at and pay reasonable regard. We are mandated by law to look at
those plans. It captures not only this property but the gentlemen that presented and said he was
next door. It captures that property next door to that. So when folks who sat in these seats before
any of us, if you were a district representative with that plan, and I'm talking about with any of
these plans, the opportunity to shape those plans were as recent as 2014. So the plans are relevant
and our duty and our requirement is to pay reasonable attention to that comprehensive plan and
that smaller sub-plan, that neighborhood plan.
Councilmember Jo M. Broden continued, I guess I would like to say, and you all have probably
heard it before, but the reliance on those plans isn't just if we kind of like it. The reliance on these
plans begets investment decisions. I would say, especially Mr. Nussbaum, you've been around
quite a long time with your position, if you are making decisions about investing and buying
properties, you should look at these plans. That is not unique to you. And the burden is not to go
to our Department of Community Investment and ask if this is right because I trust those are
business decisions. An award winning organization or any other business that follows these
proceedings that come before our Council or the Area Plan Commission must rely on these plans
that we debate, have hearings on and approve as a community. We have staff on the City and
County level that look at this and informs us from a land use perspective. Is it reasonable that these
petitioners can come before us and have a reasonable expectation that this is an appropriate use for
this site?
Councilmember Jo M. Broden went on, The current conditions and character of current structures
in the district is one (1) of the criteria and when I go through those it is very difficult. Again, it is
not and if we were to look at this as a zoning issue, we have to look at it as purely a zoning issue.
So having said that,I will pause a little bit. The current conditions and character is the second point
up there. This is clearly within the Commercial Node. The whole corridor and area is a mix of
offices and small business and then highly commercial endeavors. So we have to ask ourselves if
this office use, regardless of the user, fit in this space. And the culmination, in my opinion, are,
and this is important because this is in my district as well that I have to consider, adjacent uses.
The very definition of Office Buffer is in the word. It serves as a buffer. That means you can have
commercial. You can have commercial again,high commercial, high commercial, you could have
a buffer, you can have another buffer and you can have another buffer. By definition, you are
separating yourself out from those commercial areas. The petitioner here has asked us if this is a
reasonable relationship. I will say it is a reasonable relationship not only for this but maybe more
importantly for all the other districts and the considerations we will have going forward.
Councilmember Jo M. Broden continued, We have to be able to stand on grounds that anybody
who comes to the City of South Bend and wants to start a business, an office next to another office
location, zoned office location, we better be able and prepared as a Council to say yes to that.
Otherwise in my opinion, my humble opinion, we might as well throw out all of the plans and
forget about investments and a future on our corridors. To me, that is not where we want to go.
The plan is a pathway and it will beget reasonable expectations by anybody in the City of South
Bend in any district including on Ironwood, on Lincoln Way East and on Western. We can't crack
this plan open and trash half of it. It is a plan and there have been considerable investments in my
opinion on Lincoln Way. You can start from the core out and I won't spend my time doing that
but there has been significant investment in this plan. If we like what is happening on Western, as
a Council, it is the same plan. It is the same policies, it is the same mission, it is the same goal it is
the same philosophy and that is residential and commercial, I hate the word Nodes, I'm going to
say clusters. So I don't want to crack up these plans and toss them because I see that they work.
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REGULAR MEETING April 9, 2018
They are working. It has worked in my district and I think they can work in every district and I
don't see this as something that we should be dismissive of I don't think we should dismiss the
plan. I think we should support and uphold the plan we have voted on, as a Council, as recently as
2014.
Councilmember Jo M. Broden went on, In 2016 and 2017 we upheld this idea that some residential
places can fit and be converted and changed at a petitioner's request to commercial. So we have
done that before. But, that is in some ways irrelevant because this is within a commercial and it is
captured within the Commercial Node. It is a reasonable request from a business, or a non-profit
in this case, who wants to open up an office there. Current conditions and structures, they have
asked for this to be residential in look. In terms of the current condition and current uses, I believe
this is an office within a commercial cluster. Most desirable use for which the land is adapted, I
think even all of our corridor plans in terms of residential suggest that anything going up on the
corridors would like to be pushed to higher residential use. So this is not, in my opinion, going to
be another residence.
Councilmember Jo M. Broden continued, The conservation of property values, the petitioners
tonight have made the case that they are going to make $500,000 worth of renovations to that lot.
They are going to bring $700,000 in goods and services. I don't know how they came up with that
number but I can imagine that is a pretty low estimate in terms of impact. So there is City-wide
impact on the services that they are asking to bring. They have made assurances which was a nice
add on tonight that they won't totally close sevices in an area of our community. Rather, it is going
to expand services in our community.
Councilmember Jo M. Broden went on, With regard to the last criteria, and I apologize, I know
this is lengthy, but the responsible development and growth piece needs to be addressed. There is
sufficient infrastructure there. Most particularly in the back of this property and outward. I also
talk about the bus services but I heard the petitioner say they will compliment that and will help
people get to this location. This is redevelopment and investment in an existing corridor. I don't
see any adverse impact that this petitioner can control, beyond the commitments they have made
tonight about the protestors. Both places, in my opinion, have every right to be where they are
located and where they have petitioned to locate. Both places, from a land use consideration. Both
places are offices. Both places are medical quasi-facilities. It is a reasonable land use decision to
locate those there.
Councilmember Jo M. Broden continued, In terms of safety, which has been addressed, I would
like to just talk about that.The petitioners can control only what they can control.There is a burden
on our community when there are bigger issues and divisiveness with regard to women's
reproductive rights and the respective services. We have a burden as a community to do better and
to be better. Both places can belong. They should belong. I think there have been assurances with
regard to safety here but some things are beyond the purview and scope of the ask before us tonight.
Again, this is a rezoning petition and a land use petition. I'm kicking the other responsibilities to
our community as a whole. We should be able to have both services occupy a place on a busy
corridor with easy access and bus transportation as well as the ability to get there by foot or by car.
As leaders in our community, too, I think one (1) of my principal jobs is to look at the overall
benefit here. Someone challenged us to do that and I recognize that. I do believe these petitioners
have made the case that they deliver a huge benefit to our community, frankly. I appreciate their
commitment not to allow protests. I appreciate their representations tonight that they will continue
services at Chapin. We desperately need the services of both of these facilities in our community.
Some of you may disagree with me on that but there is a legal right to have these facilities in my
strict opinion and looking at our responsibility as a Council with regard to the zoning.
Councilmember Regina Williams-Preston stated, In my mind, it is a rezoning issue but we can't
divorce ourselves from the responsibility of, to me, the fifth criteria regarding responsible
development. If we look at the plan and it tells us to do x, y and z and we don't do it, then I think
we are missing the whole piece about our responsibility to social welfare. We cannot pretend this
is not going to happen. I live right down the street about one (1) block off Lincoln Way. I don't
want a bunch protesting and all those crazy looking signs and all of that. The good news is that I
hear both sides here agree with me. Both sides do not want that and I cannot vote for this feeling
as if that has not been resolved. Let's get together. If these forces can work together to put that
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REGULAR MEETING April 9, 2018
as if that has not been resolved. Let's get together. If these forces can work together to put that
other out, we do know that Women's Care Center provides wonderful support and we need that.
This,to me, represents choice. Although, I do feel also when these factions are opposed, you have
people that will feel ashamed and feel all kinds of things. I think it is irresponsible as a Council
Member to not address that social issue. To me, if we can continue this, that would be great, let's
work it out and come together to figure out how to make this a peaceful place to coexist.
Councilmember Oliver Davis stated, I want to concur with Councilmember Regina Williams-
Preston. As your Zoning and Annexation Chair, each one (1) of those five (5) criteria can include
public safety, like our Attorney said. It allows all of that. It is not so tight that we can't do that. I
want to close out toni by thanking all my colleagues up here. We have all taken time to look at
both sides and the five(5) criteria. We aren't just ifs and all those kind of things. We can't do that.
This is something. One (1) of the things is I'm on the Area Plan Commission. Area Plan has that
kind of strictness where they can't do that. The Council does not have that. The Council has the
ability and they tell us that all the time at Area Plan. They tell us the Council can do that. The
Council has the flexibility to look at all those things that our Council said that,Area Plan does not,
and we do. Whatever we have and of course the legal courts can do that. So,hopefully we can sum
all this up and it will come up in the Council portion only.
Councilmember Karen White stated, I want to thank everyone for coming. We appreciate you,
your time, your commitment and your comments. Zoning issues are never easy issues. If anyone
were to say it is cut and dry, I would probably want to debate that with them based on the number
of years I've been on this Council. Each and every one (1) of us, I am confident, do not come to
these meetings when we've not done our homework as best as possible. Even hearing the
comments in the presentation, I have about ten (10) pages of notes that I'm to go back and made
sure I have a clear understanding. I do not take my vote lightly.I do support comments the Council
Members have made. I do respect those comments. But most importantly,I respect you,the public,
for coming to share your comments as we look at all of these different issues. We have had a
number of conversations. The West Side Main Streets Plan was not an easy task. It took a lot of
discussion, give and take and a lot of assurance that all residents will be heard. We then had to
come back to this Council and figure out what is the best direction. Not all the plans have been
implemented. Some will, some may not,but it does not mean we just do what we want.As Council
President Tim Scott has indicated, we have had three (3) Directors of Community Investment.
We've had new staff and Council Members. It doesn't mean we throw the plans away and start
over, but we need continued discussions on these plans. Any time we have an opportunity to pool
people together and come up with a win-win for both sides, I'm all for that. I do believe in the
process and I do believe we can reach that common ground. I am very supportive of the motion
that could be coming forward.
Councilmember John Voorde made a motion to continue Bill 05-18 to Council portion only for
the April 23rd, 2018 Common Council meeting. Councilmember Oliver Davis seconded this
motion which carried by a voice vote of eight(8)ayes and one (1)nay(Councilmember Dr. David
Varner).
Councilmember Gavin Ferlic stated he will personally follow-up with the petitioner and will
include all Council Members on those correspondence.
RISE AND REPORT
Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember
Regina Williams-Preston 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 10:36 p.m. Council President Tim
Scott presided with nine (9)members present.
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REGULAR MEETING April 9, 2018
BILLS FIRST READING
There were no bills for First Reading.
UNFINISHED BUSINESS
BILL NO.
18-15 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 122 MILTON
STREET
Councilmember Regina Williams-Preston made a motion to send Bill No. 18-15 to the Area Board
of Zoning Appeals for their meeting on April 11th, 2018 and then send it to the Zoning and
Annexation Committee and set it for Second Reading and Public Hearing on April 23rd, 2018.
Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes.
NEW BUSINESS
Council President Tim Scott announced the NNN Neighborhood Clean-Up to be held on
SaturdayApril 14, 2018 at 8:00 a.m.
Councilmember Karen White announced the Save our Streets Rally to be held on SaturdayApril
14, 2018 at 4:00 p.m. at John Hunts Plaza.
Councilmember Gavin Ferlic announced a tentative Community Investment Committee meeting
on ThursdayApril 19, 2018 at 5:00 p.m.
Councilmember Oliver Davis asked, Have we reached out to Public Woks regarding that gas tax
money?
Council President Tim Scott replied, I will follow up with you on that, Councilmember Oliver
Davis, as well as Council and we can go from there.
PRIVILEDGE OF THE FLOOR
There were no members of the public present to speak at the Privilege of the Floor.
ADJOURNMENT
There being no further business to come before the Council, President Tim Scott adjourned the
meeting at 10:40 p.m.
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