HomeMy WebLinkAbout04-23-18 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 23,2018
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 29,2018
ATTEST:
EMAH FOWL , CITY CLERK
REGULAR MEETING April 23, 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 Monda ,April 23`a, 2018 at 7:00 p.m. The meeting was
called to order by Council President Tim Scott and the Invocation(Larry Dwyer,Bahi'I Faith)and
Pledge to the Flag were given.
ROLL CALL
COUNCIL MEMBERS:
Tim Scott 1St District, President
Regina Williams-Preston 2nd District
Sharon L. McBride 3`d 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 Dr. David Varner made an amendment to the last sentence of the second
paragraph of page twenty-three (23) of the minutes of the April 90h, 2018 Common Council
Meeting. Councilmember Jo M. Broden seconded this motion which carried by voice vote of nine
(9) ayes.
Councilmember Karen White made a motion to approve the amended minutes of the April 9th,
2018 Common Council Meeting. Councilmember John Voorde seconded the motion which carried
unanimously by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
BILL NO.
18-13 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
COMMEMORATING AND THANKING CINDY
PIECH-MILLER ON THE OCCASION OF HER
RETIREMENT
Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as the presenter for this
bill. Councilmember Oliver Davis stated, I am the sixth district representative and am glad to be
here to present this resolution. He then proceeded to read the resolution into the record.
Councilmember Oliver Davis stated, Resolution 4706-18, A Resolution of the South Bend
Common Council of the City of South Bend, Indiana commemorating and thanking Cindy Piech-
Miller on the occasion of her retirement. Whereas, Cindy Piech-Miller has devoted the past thirty
eight (38) years of her life to teaching others how to stay fit, including twenty (20) years at the
"Y" and an additional eighteen (18) years at South Bend's O'Brien Fitness Center; and Whereas,
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REGULAR MEETING April 23, 2018
Cindy's interest in physical fitness began when she and her mother watched Jack LaLanne exercise
classes on a black and white television; and, Whereas, Cindy continued her interest in assisting
others to achieve physical fitness by teaching aerobic classes; and, Whereas, Cindy expanded her
interest by becoming certified to teach and working in the weight room of the "Y"; and, Whereas,
during those thirty eight (38) years, Cindy helped educate others and manage their expectations
with the goal of helping South Bend residents maintain their own commitment to staying
physically fit and healthy; and, Whereas, Cindy's commitment and attitude have affected many,
resulting in long and healthy friendships; and, Whereas; Cindy's commitment to the residents of
South Bend is demonstrated by her LinkedIn profile which lists as her interest City of South Bend;
and, Whereas, Cindy's commitment to others is also demonstrated by her volunteer work helping
pre-kindergarten classes at St. Jude Catholic School; and, Whereas, Cindy's retirement will allow
her to spend more time with her husband, Terry and his sons Joshua and Christopher and her sons,
Joey and Jeff and grandchildren James, Jonathan and Jenessa. Now, Therefore, be it resolved, by
the Common Council of the City of South Bend, Indiana, as follows: Section One (1) The South
Bend Common Council proudly commemorates and thanks Cindy Piech-Miller on the occasion of
her retirement. Section Two (2) The Common Council wishes Cindy and her family much
happiness as she begins a new chapter of her life. Section Three (3) This Resolution shall be in
full force and effect from and after its adoption by the Common Council and approval by the
Mayor.
Cindy Piech-Miller, 63553 US 31 South, South Bend,IN, stated, Thank you so much for honoring
me in this way. I really appreciate this.
Council President opened the floor to comments from Council Members.
Councilmember Regina Williams-Preston stated, I need you. Don't go. Thank you so much for
contributing to the health of this community. We really appreciate it.
Councilmember Sharon L. McBride stated, Wonderful job and well done. I have had the privilege
of working with you and I admire your service and commitment to this community. Happy
retirement and much blessings to you.
Councilmember Jo M. Broden stated, Thank you very much for your service to our community
and best wishes in your retirement. The best is yet to be.
Councilmember Dr. David Varner stated, You have two (2) great careers, apparently.
Congratulations and enjoy your retirement.
Councilmember John Voorde stated,Thank you. It shouldn't come as a surprise that I didn't know
who you were because I didn't frequent either one (1) of those places. Congrats.
Councilmember Gavin Ferlic stated, Congratulations.
Councilmember Karen White stated, Congratulations. I just recently retired and a word of wisdom
is to learn to say no. Take some time to relax and enjoy your family. Thank you so much for
everything you have done for our City.
Councilmember Tim Scott stated, Thank you so much. Councilmember John Voorde and I work
out together. Thank you so much and you have given so much.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
None from the public wished to speak in favor of or opposition to this bill.
Councilmember Dr. David Varner made a motion to adopt Bill No. 18-13 by acclamation.
Councilmember Gavin Ferlic seconded this motion which carried unanimously by a voice vote of
nine (9) ayes.
REPORTS OF CITY OFFICES
Representing the City Administration: Laura O'Sullivan, Chief of Staff
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REGULAR MEETING April 23, 2018
RESOLUTIONS
BILL NO.
18-I5 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 Gavin Ferlic made a motion to continue Bill No. 18-15 to Mav 14th, 2018.
Councilmember Jo M. Broden seconded this motion which carried by a voice vote of nine(9)ayes.
18-16 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
APPROVING AN AGREEMENT EXTENDING
THE ST. JOSEPH COUNTY HOUSING
CONSORTIUM AND AUTHORIZING THE
EXECUTION THEREOF
Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Pam Meyer, Director of Neighborhood Development with offices on the 14th floor of the County-
City Building, South Bend, IN, served as the presenter for this bill. Ms. Meyer stated, The
resolution before you will authorize the Mayor to sign an Interlocal Agreement between St. Joseph
County, the City of Mishawaka and the City of South Bend. This follows a historical agreement
started in 1991. It allows home funding,which is a Federal Program for housing low and moderate
income individuals, to come into the community at a larger dollar amount. The agreement is for
three (3) years and they always have been. We are renewing it for another three (3) years and it
expires at the end of this year. We are required by HUD regulations to submit everything before
June 1St, 2018.
Councilmember Jo M. Broden asked, With regard to the allocation of administrative funds
referenced in this, what is the actual dollar amount that the other units contribute to the staffing
time?
Ms. Meyer replied, South Bend is the lead agency and we receive a treasury amount and of that,
we have agreed that$45,000 is that dollar amount.
Councilmember Jo M. Broden followed up, Then with regard to the membership and the meeting
times, how frequently and when do they meet?
Ms. Meyer replied, It is generally determined on an annual basis. Probably only two (2) meetings
a year. Once in the spring April or May time frame and once in the latter part of the year around
September. Often times, the April meeting may be canceled, as it was this year, because there is
no business to conduct. The September or later meeting is to review and approve the
recommendations for funding for the next calendar year.
Councilmember Jo M. Broden then asked, Are designees attending these meetings?
Ms. Meyers replied, Yes. There are two (2) designees from each jurisdiction that are appointed by
the Mayors of each community and by the President of the County Commissioners. There are also
two (2) staff members. At any point they can change if the appointing officials would like to
appoint someone else.
Councilmember Jo M. Broden then asked, Could you get those names to the Council? I would
appreciate it.
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REGULAR MEETING April 23, 2018
Ms. Meyer confirmed, Yes. I would also like to provide information for the question that was
asked this afternoon by Councilmember Oliver Davis. Based on 2017, the total amount received
was $734,817 dollars. Of that, sixty-two percent(62%) is based on the allocation that would come
to South Bend and that number is about $454,000.
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 Gavin Ferlic made a motion to adopt Bill No. 18-16. Councilmember Oliver Davis
seconded this motion which carried by a roll call vote of nine (9) ayes.
18-17 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING RENEWAL OF THE HUMAN
RIGHTS ORDINANCE INTERLOCAL
AGREEMENT
Councilmember John Voorde, Vice-Chair of the Health and Public Safety Committee, reported
that they met this afternoon and send this bill forward with a favorable recommendation.
Lonnie Douglas, Director of the South Bend Human Rights Commission with offices located at
319 N.Niles Avenue, South Bend,IN,served as the presenter for this bill.Mr.Douglas,I'm asking
the Council to please extend the Ordinance we had with St. Joseph County in terms of the
Commission investigating charges of discrimination in St. Joseph County. We are asking for this
to go through December 31St, 2018 and, at that time we will reassess to see how far along we will
be. Right now, we are not able to say we have enough cases to justify a further extension with
them. We will ask them to put money in the pot, though, so that if we do find a way to get these
cases we will have the ability to look into the cases.By the end of the year we hope to have enough
information to make a firm decision.
Councilmember Oliver Davis asked, What kind of numbers are you looking for that will help
justify the needs of the County?
Mr. Douglas replied, I believe the numbers were provided to you at the earlier meeting but
basically we are keeping track of the number of intake cases and the number of cases by which
we've increased. Our intake has gone up and the number of cases in the County has gone up.Based
on the information we provided, we now have fifty-seven (57) cases in our files and last year this
time we had less than forty(40). We are making that push but a lot of these cases are coming after
the notoriety the Commission has received. We are also planning to do more advertisement in
terms of what we do and how we are doing. We are working with various news and media agencies
to get that word out.
Councilmember Oliver Davis stated,I understand all of that but is there a specific number that will
justify your opinion on how much money the County pays?
Mr. Douglas replied, We do not have a specific number because there is no anticipation of how
many cases we will have. If I had to give a number, increasing our case load by twenty-five or
thirty percent(25% - 30%), that would be great.
Councilmember Oliver Davis then asked, And then you could take that kind of a number and turn
it into the position we had open and argue for the County to come in to help us with that?
Mr. Douglas replied, Correct. We have also, along those lines, brought in a part-time person to
assist us. We moved the person that was at the front desk into intake, and that shows us the intakes
are going up.
Councilmember Oliver Davis stated, I appreciate what you're doing and I just want the County to
add their dollars to it.
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REGULAR MEETING April 23, 2018
Councilmember Karen White stated, I appreciate the report. As we prepare for the 2019 budget
starting in May, I encourage you to work with the Administration. I also encourage the
Administration to work with the County because they are going to be developing their budget. I
don't believe we can wait until the end of the year to anticipate what the impact can be in terms of
additional cases. I can recall during the budget process I was concerned about giving up a position
and I remain concerned. As we begin to see the uptick, that is great, but the City cannot bear the
total cost. I would not wait until the end of the year.
Mr. Douglas replied, We are very aware of that and we met with the County prior to us coming to
you for this to happen. The County is very much aware of how we feel and we believe they are
looking to put money into their budget to cover some of this.
Councilmember Jo M.Broden asked,Doesn't any work merit staff time and resources,regardless?
Why isn't there a tab open right now in regard to County cases?
Mr. Douglas replied,According to what we do now,we do the work anyway. It has been a process.
We turn no one away that comes to us with a problem of discrimination. We work with them to
resolve it wherever it happens. I must mention that by doing those cases we do get compensated.
Councilmember Jo M. Broden followed up, So the source of that compensation is not the County?
Mr. Douglas replied, It is federal funding and it is only for intakes. For instance if we were
investigating a case, the payments we would receive for investigating is much higher than an
intake.
Councilmember Jo M. Broden then asked, So don't all intakes have follow up? Doesn't that
involve staff time and expertise?
Mr. Douglas replied, Even though we listen to a human that walks into the office we don't always
follow up because there are some things we are not allowed to do.
Councilmember Jo M. Broden followed up, Please help me understand. What is going into the
analysis for the 2019 budget to come up with a number? Quoting from the cover letter, `...the
Interlocal Agreement provides the potential for County cost participation in 2019 and thereafter.'
Mr. Douglas replied, The reason for that is we must, because of our federal contracts, at least sit
down and speak to those people. If we can assist them by pushing them toward federal agencies,
we have to do that. We are prepared to at least go through the intake phase. If we have to go further,
that is where the County would come in because if we are going further with cases in the County,
which we are now able to investigate, the money we pay for the intake, the investigator and the
correspondence, would all be a part of that.
Councilmember Jo M. Broden then asked, So what kind of tracking metrics are put in place for
that intake piece? That would help us be informed of what we ask of the County. You don't have
to answer that tonight. If you have that answer, great. My concern on this is that though I value the
service of helping anyone that walks through the door, we have to be good stewards of the City of
South Bend's budget. Particularly, on any Interlocal Agreement there are costs there somewhere.
What you've described to me makes it reasonable to assume there are costs there and that there
are already costs there that are occurring now. I just want to make sure that as we are going into
2019 that we are collecting the right data in terms of staff time and expertise to these non-City
cases. We need to be able to project something that is reasonable.
Mr. Douglas replied, The quick answer to that is most of our documentation will be done by
computer. We will then take the number of investigators we have and the number of cases we have
to see the differences from when we weren't taking in the cases in the County.
Councilmember Jo M. Broden stated, I guess I'm supportive of the HUB. Your ability to be here
is important,too. It's not just the cases that come in from the County but to have that expertise and
tracking the staff time per case would be helpful, at least in my opinion, moving forward on the
budget. Thank you for the responses.
Councilmember Tim Scott asked, How long has the Human Rights Commission existed?
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REGULAR MEETING April 23, 2018
Mr. Douglas replied, It came into existence in 1956 and has been led by South Bend.
Councilmember Tim Scott stated, As a member of South Bend's City Government, I am very
proud we have done that and taken that lead. It has taken the County a long time to get up to speed
on this. We are glad they are there. If we don't have an Interlocal,we can't hold them accountable.
I think the key is having this Interlocal and I think we all, as County residents, have a right to ask
for that in their budget as well.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Samuel Brown, 222 E. Navarre Street, South Bend, IN, stated, I am a Human Rights
Commissioner. I understand by looking at the data and everything. I understand what you're
saying. We need this. In order to do this we will still have to get someone to get this data and right
now it is not in our budget. Once we do that,we can get that data. Councilmember Karen White is
right. I hope you all are kind enough to give him what he wants so we can get this work. I think
this is a good thing.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-17. Councilmember Karen White
seconded this motion which carried by a roll call vote of nine (9) ayes.
I8-18 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS INTERSECTION OF
SAMPLE ST. AND FRANKLIN ST., SOUTH
BEND, IN 46601 AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
AN (8) EIGHT-YEAR REAL PROPERTY TAX
ABATEMENT FOR FRANKLIN STREET
TECHNOLOGY PARK, LLC
Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Dan Buckenmeyer, Director of Business Development for the Department of Community
Investment with offices located on the 14th floor of the County-City Building, South Bend, IN,
served as the presenter for this bill. Mr. Buckenmeyer stated, Good evening. This rendering
(referencing a slide in the presentation available in the City Clerk's Office) is an early concept but
it is what is proposed on the corner of Sample and Franklin. This will eventually become, after
three (3) phases, three (3) buildings divided up for Light Industrial or Tech utilization. The first
phase is about 30,000 square feet. It will be divided into 5,000 to 15,000 square foot sections
depending on how the rent prospects are looking as it is built. It will be a total $3 million private
investment over about four (4) years on land that was purchased from the City's Redevelopment
Commission at $84,000. That price was reached by our normal procedure. While there won't be
direct jobs, this is a spec building so it will be built for future tenants. We anticipate that at least
sixty(60),if not more,jobs will be created or retained in the South Bend area as a result of building
this. DCI is recommending an eight(8)year phase-in tax abatement. So the abatement amount will
lessen over those eight (8) years and will result in $438,000 of abated taxes with an estimated
$137,000 taxes paid in that same period.
Ann Hayes, 814 Marietta Street, South Bend, IN, served as the petitioner of this bill. Ms. Hayes
stated, I think Dan provided a great overview. Our company has been working with Dan and his
team for several months as we worked on this.We hope to start construction on this initial building
shortly after closing which should take place in May or June of this year.
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REGULAR MEETING April 23, 2018
Councilmember Oliver Davis stated, I look forward to working with you as the Council Member
for that district. I would like to have been included in those discussions and so I would like to be
able to be aware of anything more that comes to that area.
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 Gavin Ferlic made a motion to adopt Bill No. 18-18. Councilmember Dr. David
Varner seconded this motion which carried by a roll call vote of nine (9) ayes.
18-19 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 320 EAST COLFAX
AVENUE, SOUTH BEND, IN 46617 AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A (6) SIX-YEAR REAL
PROPERTY TAX ABATEMENT FOR
COMMERCIAL PROPERTY LOCATED AT
WHARF PARTNERS, LLC
Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Dan Buckenmeyer, Director of Business Development for the Department of Community
Investment with offices located on the 14th floor of the County-City Building, South Bend, IN,
served as the presenter for this bill. Mr. Buckenmeyer stated, Before us here, the petitioner is
Wharf Partners. The project is known as 320 at the Cascasde. This rendering (referencing a slide
in the presentation available in the City Clerk's Office) shows specifically the phase one (1)of the
multi-phase project. This phase will be about 77,000 square feet of Mixed-Use. It will be
commercial on the lower floor and residential on the upper floors. It is a private investment of over
$19 million that is going into the building of this structure. We have a very low estimate as they
are indirect jobs for the spec project but we think there will be twenty(20). But we figure with the
floor plate they have, there could be easily more than that. We are recommending a six (6) year
tax abatement and it will be on the commercial elements only. This will not be on the residential
portion. During the time of abatement, it is an estimated $432,000 to be abated however there will
still be over$1.4 million in taxes paid. As to Councilmember Dr. Vamer's question this afternoon,
in terms of TIF payback, we anticipate that will happen in nine (9) years and three (3) months.
Frank Perri, 3217 McKinley Avenue, South Bend, IN, served as the petitioner for this bill. Mr.
Perri stated, I am happy to be here toni ht to present for the first phase of this project. We are
excited about it but we are working with the City to find a recipe to make it work. We are excited
to bring something to life with that piece of property.
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 Regina Williams-Preston stated,Thank you.It is nice to hear the developers were
taking their time and working with the City to come up with a more desirable plan than was
originally proposed. I appreciate Community Investment looking out for us. It is also nice to see
that there will be more taxes paid than will be abated. I am also glad to see the abatement only on
the commercial and not the residential.
Councilmember Karen White stated, I would like to thank the developers. I can recall when this
particular project was born and I really commend you for hanging in there. To have this result is
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REGULAR MEETING April 23, 2018
wonderful and I can't wait until it is up and running. We appreciate your commitment to the City
but also the work that you've done.
Councilmember Oliver Davis stated, I would also like to say something. Having you and Mr.
Panzica work together was nice to see. It benefits you and it benefits the City. I told you earlier I
like the design. It is going to be great.
Councilmember Jo M. Broden stated, Thank you for your investment and welcome to the fourth
district.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-19. Councilmember Oliver Davis
seconded this motion which carried by a roll call vote of nine (9) ayes.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:43 p.m. Councilmember Karen White made a motion to resolve into the Committee of the
Whole. Councilmember Oliver Davis 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.
Councilmember Karen White made a motion to suspend the rules to hear Bill No. 14-18 before
Bill No. 05-18. Councilmember Oliver Davis seconded the motion which carried unanimously by
a voice vote of nine (9) ayes.
PUBLIC HEARINGS
BILL NO.
14-18 PUBLIC HEARING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE AND
SEEKING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 1619 S MICHIGAN
STREET, COUNCILMANIC DISTRICT NO. 3 IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Tim Scott made a motion to continue Bill No. 14-18 until the May 28th, 2018
Common Council meeting. Councilmember Karen White seconded the motion which carried
unanimously by a voice vote of nine (9) ayes.
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
(COUNCIL PORTION ONLY)
Councilmember Gavin Ferlic stated, Councilmember Williams-Preston and I had the opportunity
to meet with the adjacent property owners and I really appreciate both side's willingness to meet
and have, what I thought to be, a productive discussion. Following that we met with the attorney
for the petitioner and review their written commitments. Those were submitted to the Council and
a statement from the adjacent property owner was also submitted to the Council regarding their
opinion on the matter.
Councilmember Regina Williams-Preston stated, I want to thank the two (2) parties. This was
something I specifically requested was the opportunity to come together and maybe be able to
work some things out to exist peacefully in the same space. I think we had a great conversation
and I appreciate both parry's willingness to come to the table.
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REGULAR MEETING April 23, 2018
Councilmember Gavin Ferlic distributed the latest amendments from the petitioner.
Councilmember Gavin Ferlic stated, Our attorney has a copy of this. Just as a note,the Council is
reviewing minor changes made to item two (2),item six(6)and items seven(7) and eight(8)were
added. I apologize we did not have the ability to red line in PDF. The first sentence of item two
(2) had been amended and the first sentence of item six (6) has been amended. And again, item
seven(7) and eight(8) were additions.
Councilmember Oliver Davis asked, Can we have a copy given to the media?
Councilmember Jo M. Broden stated,I would like to reconcile what was in our boxes that had the
blue line versus what we are now receiving.
Councilmember Gavin Ferlic replied, The blue line recommendations were accepted so those are
not blue lined anymore. In item two (2) the words `make reasonable efforts to' were removed. In
item six(6)the words `work in good faith with' were removed and inserted in their place was `take
steps to address reasonable concerns identified by'. Following the word `neighbor' the word `to'
was removed and the word `and' was inserted. And like I said, items seven (7) and eight(8) have
been added.
Councilmember Gavin Ferlic gave the floor to the petitioner to give context to the new additions.
He reminded her to only comment on the written commitments and amendments presented to
Council.
Jenny Hunsberger, 360 N. Notre Dame Avenue, South Bend, IN, served as the petitioner for this
bill. Ms. Hunsberger stated, We have worked hard since the last Council Meeting to address
questions raised by Council Members. Specifically, we have attempted to demonstrate, in action,
the commitments we made a few weeks ago. Number one (1), we are good neighbors. At the
request of Councilmember Ferlic and Williams-Preston, we met with representatives of Whole
Women's Health with the expressed goal of creating an environment of safety and peaceful
coexistence. We met in good faith and have followed that meeting with these series of written
legally binding commitments which you have all seen. We will not allow protestors or protesting
and we will ask anyone in the public right of way in front of our property to leave. We will not
support protesting. We are categorically one hundred percent (100%) opposed to protesting. We
create peaceful environments. We will visually separate ourselves from the proposed clinic by
moving our drive as far west as engineering and zoning will allow. Our signage will be no larger
than the sign on the current adjacent property. It will only describe the services we provide. We
are good neighbors. At the meeting I exchanged business cards with the Clinical Services Director
of Whole Women's Health so that if there ever are questions or concerns that arise,we can contact
each other and address them. The meeting was respectful and productive. These written
commitments are binding to the property. We are not moving. We are proposing an investment of
over $500,000 to support the women and families of the West Side and we will stay there just as
we have for the last thirty-four(34) years.
Ms. Hunsberger stated, One (1) week ago today, we provided Councilmembers Ferlic and
Williams-Preston with an executed agreement. We did not hear anything in response until noon
today from the Area Plan staff that had concerns about enforceability. We thank them for bringing
them to our attention. We have addressed these in the revisions you have received today. The most
important thing we did was to maintain this Council's control over any changes we make in the
future. Although Whole Women's Health has not embraced our petition to be next door, we did
make an agreement with both them and the City that we will abide by our commitments to create
peace and safety because that is good for all women. We appreciate Councilmember Ferlic and
Williams-Preston for bringing us together with representatives of Whole Women's Health because
it will make our relationship moving forward more positive and will help prevent the situations
you are concerned about.
Ms. Hunsberger stated, We are committed to every woman and family in need on the West Side.
At the last Council meeting, Councilmember Davis and McBride asked us about our clients at
Chapin who struggle with transportation. Our President, Ann Manion, committed to keeping
Chapin open two (2) days a week so that no family would feel left behind. Last week, we
approached a donor who is a long-time resident of the West Side who is significantly supportive
of our expansion to 3527 Lincoln Way West. This family agreed to underwrite operations at
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REGULAR MEETING April 23, 2018
Chapin indefinitely. Thank you Councilmembers McBride and Davis for challenging us. You
made us think and on behalf of those families,we are deeply grateful. The care we will provide at
3527 Lincoln Way West is a critical benefit to South Bend. A scientific poll commissioned by Big
Idea Company showed that ninety-nine percent(99%) of the voting public of South Bend supports
Women's Care Center. Eighty-eight percent (88%) support our rezoning petition and ten point
eight percent (10.8%) have no opinion on our rezoning and only one point two percent (1.2%)
oppose it. The women we serve feel overwhelmingly supported by our care. Our Google reviews
show an average of four point nine (4.9) stars in Michiana. The medical and social service
communities have spoken to the health and wellness benefit of our care. They support our location
at 3527 Lincoln Way West as directly benefitting health birth outcomes.
Councilmember Gavin Ferlic stated, Ms. Hunsberger, I apologize for interrupting but just as a
reminder, please keep your comments to the written commitments provided and refrain from
testimony already shared.
Ms. Hunsberger stated, As a part of our commitments and our statement of commitments, we are
addressing the concerns that have been conveyed to you in the past few days and I would like to
speak to those. We are not an anti-abortion group like those portrayed on late-night television. We
exist to offer women choice.At the last Council meeting, Councilmember Voorde asked about our
care for women considering abortion. I think the opposition letter from Whole Women's Health
describing a women's experience of Women's Care speaks to that.
Councilmember Gavin Ferlic interjected, Please, again, only address the written commitments. If
your comments on written commitments are finished,that is ok, too.
Ms. Hunsberger stated, I think that part of our written commitments is a commitment to the
community and to Whole Women's Health about our treatment of clients that come both to
Women's Care Center and who may find themselves at the abortion clinic. So I think it is important
to address that specific concern. If any Council Members have questions regarding our care for
women as was brought up, I would be most happy to address those.
Councilmember Gavin Ferlic opened the floor to questions from the Council members on the
written commitments and amendments.
Councilmember Tim Scott asked, What was Whole Women's Health's take on this?
Councilmember Gavin Ferlic replied, I believe we received a letter regarding their position. To
my knowledge, that has not changed.
Councilmember Jo M. Broden asked, So a letter after seven(7) and eight(8) were added?And the
change was to two (2)? I just want to make sure we are all looking at the latest documents and if
there are parties to these documents,they need to be in receipt of those same documents. We were
just handed a change post-Committee and you have clearly identified the changes within two (2),
six (6), seven (7) and eight (8). I just want to make sure that all parties to this document have
received it. We have received a letter but I think it pre-dates this.
Councilmember Gavin Ferlic replied, The letter you received does pre-date this but, at the same
time, all Council Members have had an opportunity to receive this as well as the petitioner.
Richard Nussbaum, Attorney at Law with offices located at 210 S. Michigan Street, South Bend,
IN, served as legal counsel for the petitioner. Mr. Nussbaum stated, All parties to this agreement,
the City of South Bend and the Women's Care Center have received these changes.
Councilmember Jo M. Broden followed up, So I'm tracking the changes. Two (2) and six (6) 1
follow, eight(8) I follow, but I don't exactly understand with item number(7). If we could review
that out loud and perhaps whoever presented that amendment could speak to it.
Mr. Nussbaum replied, Number seven (7), number eight (8), number six (6) and number two (2),
those changes were all directed to us.The blue changes you saw were changes we made in response
to what Area Plan wanted. Specifically, with regard to number seven (7) it involves the
enforcement of these commitments. So if enforcement has to take place and the Women's Care
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REGULAR MEETING April 23, 2018
Center is not the prevailing party, in other words, if the Women's Care Center is found to be at
fault, the Women's Care Center is required to pay all the costs of that enforcement.
Councilmember Jo M. Broden followed up, Could you please read number seven(7)because I am
not understanding that from what is written there. There is a typo and it is pretty significant. I will
just read it. `Owner will pay for cost of enforcing compliance of commitments. If owner is not the
prevailing party.' There is something wrong there with those two (2) sentences.
Councilmember Gavin Ferlic stated, It should be one (1) sentence.
Councilmember Jo M. Broden asked, Mr. Nussbaum, would you please state how you would like
for that to read.
Mr. Nussbaum replied, It should indeed state if the owner, which is the Women's Care Center, is
not the prevailing party. If a cost of enforcement is brought, and generally, that is brought by the
Area Plan Commission,neighbors within three hundred(300) feet, or the City of South Bend, and
found to be valid, against the Women's Care Center, we would be responsible for the cost. It is an
obligation we are taking on ourselves. The words prevailing party are used because that is a term
in the art of the law that is widely defined within many cases so the court will understand who is
and who isn't the prevailing party.
Councilmember Regina Williams-Preston stated,I'm glad you clarified because I read it as if there
were protestors and we had to call the police to enforce the removal,there is a cost to that and you
would have to reimburse the City. So that is not what you are saying?
Mr. Nussbaum replied, No, that is exactly what I am saying. That is a perfect example. We have
committed to you that we will not allow protestors on our property, and if the police are called,
and there has to be an enforcement, and there is a cost, we would pay those because that is our
obligation.
Councilmember Oliver Davis made a motion to remove the wrongly placed period in the middle
of the sentence in question and to make the`if lowercased. Councilmember Karen White seconded
the motion which carried by a voice vote of eight(8)ayes and one(1)nay(Councilmember Oliver
Davis).
Councilmember Dr. David Varner asked, So just for clarification, you've agreed in writing,to ask
anyone protesting in the public right-of-way to leave?
Mr.Nussbaum confirmed, Yes.
Councilmember Dr. Varner followed up, And that is the extent of what you can do because it is
public right-of-way. I want people to understand that is the extent of your responsibility. That is
as far as you can go with that and I'm afraid people don't know that. That is clear and I think we
are good.
Councilmember Jo M. Broden asked, Were these final changes, these four (4), reviewed by the
Area Plan staff?
Mr. Nussbaum replied, I spoke to Ms. Smith who was the one (1) who contacted me about the
requested changes and she found them to be acceptable.
Angela Smith, Deputy Director of the Area Plan Commission with offices on the 111' floor of the
County-City Building, South Bend, IN, stated, From an Area Plan Commission staff and Zoning
Enforcement staff perspective, I don't believe these would impact us at all. They deal more with
their willingness to incur the costs. This would most likely come into play if there was some sort
of lawsuit. We do not have any concern over those two (2) items.
Councilmember Jo M. Broden followed up,And so all of these written commitments stay with the
property, correct? Whether they are there for five (5) or thirty (30) years, any owner of that
property would have to come before the Council for changes?
Ms. Smith replied, That is correct. The written commitments become a deed restriction on the
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REGULAR MEETING April 23, 2018
property and any modifications would have to go before the Area Plan Commission and the
Council.
Councilmember Gavin Ferlic closed the floor to questions and opened the floor to comments from
Council Members.
Councilmember Gavin Ferlic stated, I would like to remind the Council Members that we had
extensive comment last meeting. I would ask Council Members keep their comments to new
material for the purpose of this comment section.
Councilmember Dr. David Varner stated, I offered to support it last time because I looked at it as
a zoning issue and I remain with those thoughts and I will continue to support it this evening.
Councilmember Gavin Ferlic stated, I do really appreciate both parties being willing to at least
have a dialogue. I do think the written commitments represent a move in the right direction and
alleviate my concerns as it relates to the five (5) criteria. I will be supporting, however, I would
like to note that any of my Council Member colleagues that make a decision to not support the
zoning request are certainly not making a decision to not support a certain organization within the
community. There are certain reasons why Council Members interpret five (5) criteria different
ways and I just want that to be clear to all people in the room today.
Councilmember Oliver Davis stated, Thank you. The way I look at it is if the shoes were in the
other hand and the Women's Care Center was already there and an abortion clinic wanted to move
next door and they met the zoning requirements. The zoning requirements are what we have to
consider. The zoning requirements are there no matter who that is. You have to have fairness in
both issues in the way I look at it. The zoning requirements are the way we will move forward and
therefore I will support.
Councilmember John Voorde stated, I don't have much to say beyond what I said two (2) weeks
ago. Only, I don't think I said much about appreciating all the work that everyone has done to state
their positions and educate us. I think it is clear, if I didn't emphasize that enough last week, it is
first and foremost a zoning issue and if it just looked at as that, I think we definitely ought to
approve it. All the other issues and concerns that come in, I think, are important and can't be
ignored. I think Women's Care Center is a vital service and to oppose this is a disservice to the
people who may find themselves having to make that kind of decision. I might be a right-to-life
Democrat,but I also respect the law and respect women's choice. If they choose to go one (1)way
or another, that is their choice and that is the law and so be it. But, this is a zoning issue. I'm glad
organizations like Women's Care can actually help. I will be supporting.
Councilmember Karen White stated, I sincerely appreciate each and every one of you and all your
efforts. If anyone were to say that zoning issues are easy, I would beg to differ. As we begin to
look at the standards that have been set before us, they are not black and white. I believe it was
important for Women's Care Center and Whole Women's Health to have the opportunity to come
together and have a conversation to hopefully reach a level of consensus. I believe all worked in
good faith. I am very pleased that a number of written commitments were agreed upon and would
personally like to thank Councilmember Regina Williams-Preston and Councilmember Gavin
Ferlic for the work you have done. You met with a number of individuals and came out with these
written commitments we have. Please note a vote in favor or against should not be viewed as the
support for one (1)particular effort or another. We are making a decision about the services of the
population that is being served. It is a zoning issue. I begin to look at the representatives of these
districts and their concerns and weigh all that out as well. All of the issues have been valid
including the concerns about safety and the impact of the neighborhoods and their values. I do
appreciate all their hard work and the efforts that were given to really address these concerns.
Councilmember Karen White continued, Please note, in the end, based on the final vote, a vote in
favor or against should not be viewed as support of an organization. I think it is very exciting and
as you begin to look at the process, democracy, we have nine (9) Council Members. Whether the
vote is five (5) — four (4), six (6) —three (3), or nine (9) — zero (0), what is important is that this
Council has always come together and we have worked to ensure our commitment to work with
developers, the helpers and the services are implemented with the resources we have. I think it is
important to note that as we begin to take action on any initiative that we have operated at a level
of respect. I think that is important. I respect each and every one of the Council Members. I respect
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REGULAR MEETING April 23, 2018
your opinion. It is not personal. We just see things differently but the end result is each and every
one of us has a commitment to ensuring the implementation is successful and we support the
districts.
Councilmember Jo M. Broden stated, Councilmember Oliver Davis' comments about looking at
this in reverse are important. If it were the clinic here before us as a petitioner, I would be voting
for their land-use change on this particular piece of land because it is, in my opinion, about land-
use. The plan supports that. The staff supports it. DCI and Area Plan support it. More importantly,
for my reference point, our plan was developed in 2014 and I think it benefits our community as a
whole to actually pay strong attention to those plans. Not in the absence of the importance of the
other criteria,but my remarks last time addressed the other criteria. I do think this does fit the other
criteria. I am appreciative of everyone's stated position whether it was in written communications,
phone calls,at Martins,wherever. Even coming here and standing, I know that it is an intimidating
thing. So I thank you. And of course there have been so many that have come up and they deserve
no less recognition.
Councilmember Jo M. Broden continued, Your points have been considered by myself and the
other members of this Council. I do also recognize the tremendous amount of additional work that
was done to put together these written commitments and firm them up. I thank Councilmember
Regina Williams-Preston and Gavin Ferlic for their efforts and the Women's Care Center for
bringing them forth. I do think that within those commitments there is an amazing amount of
documentation that supports a real commitment to control what you can control as a neighbor. For
my understanding,my take away from the changes from last week to this week is that the Women's
Care Center has offered this Council and our community as a whole, a commitment that covers
one hundred percent (100%) of your property. You have also tried to anticipate possible actions
that may or may not occur. It is of note, to me, that you have in some ways given up your first
amendment rights to a certain degree. I thank you for that and that is an outstanding effort on your
part. You have done it in good faith and I appreciate that. My last comment is that our community
has terrifically high infant mortality rates, poverty rates, educational challenges, childcare
challenges, healthcare scope and coverage challenges. There are many things that need a
tremendous amount of work and energy. This will support many women, children and families. I
call us all, regardless of what side of the issue we are on, we have a real responsibility to these
issues. In order to move the needles on these issues I mentioned,that is a three hundred and sixty-
five (365) day-a-year task for our community. Thank you.
Councilmember Regina Williams-Preston stated, This is not a right-to-life or a right-to-choice
issue. It is a right to live in a peaceful community issue. I've said I've lived near and around. I
have spent a lot of time talking to people who have lived near and around those corridors in that
area. I appreciate the efforts on both sides to come to these written commitments. I am not
convinced they will be enough to quell my concerns about this being responsible development. I
respectfully disagree with the hypothetical scenario offered by my esteemed Council Member
colleagues. I don't believe the clinic would come before the Council to ask for a rezoning in the
first place to be next door to a Women's Care Center because they understand the detrimental
impact of these two (2) institutions operating in close proximity to one another. This is a zoning
issue and it is about development that fits into the neighborhood. There is evidence right here in
our community of what happens when these two (2)institutions are next door to one another. I feel
rezoning to allow them near or close will reduce the quality of life in the area for residents and
local businesses that exist there.
Councilmember Regina Williams-Preston continued, The zoning questions require us to consider
the most desirable locations. Were there more desirable locations overlooked and how does this
whole effort fit? While this is not about the work of the Women's Care Center or the questioning
of their commitment to women and their issues, and while it may be desirable for the Women's
Care Center, I do not believe it is desirable, in fact I know, from talking to residents and business
owners in the area. There is a credible concern that locating there will cause and will create a
conflict zone in an area that is already wrought with issues. It has been said that the presence of
the Women's Care Center may actually suppress the amount of protests.Again,there is precedence
right here in our community that says otherwise. Again, I do appreciate all the work that has gone
into this. I thank the Council Members for the many phone calls at all kinds of hours. I appreciate
everyone in the community on all sides who have really taken the time to weigh in on this issue.
With regards to my understanding the criteria, I will be voting against the rezoning tonight because
I do not believe it is responsible development and have a lot of concerns about the safety issue.
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REGULAR MEETING April 23, 2018
Councilmember Tim Scott stated, I talked quite a bit at the last meeting so this will be very brief.
I concur with Councilmember Karen White and Councilmember Regina Williams-Preston. They
were spot on with their comments. I appreciate all the work that went into this and I appreciate the
commitments. If this passes, myself as the District Representative will make sure that they follow
the commitments to ensure the best quality of life for everybody. But,there are commitments that
cannot be made. The First Amendment is the First Amendment. You can ask people to leave all
you want but if they're standing on the sidewalk,they don't have to leave. That is where I see the
detriment to the quality of life within this. All five (5) criteria, 1 can argue, legally why not to
rezone this. There are three (3) quick points I would like to make. First, this is an erosion of the
residential units within Lincoln Way as part of the Master Plan. Secondly, the Whole Women's
Health Alliance did exactly what they were supposed to do. They took a property that was zoned
properly and bought it and moved in. Thirdly, here we are with an exception. Here we are, time
and time, again and again, on Lincoln Way where DCI comes up with a Master Plan and it is not
even followed. It continues to erode. It is not protective and is always reactive and here we are.
This is democracy at work and appreciate everyone coming out. If it was clear-cut, it wouldn't
even be before Council. So this is part of how we understand the rules and the law. I am voting
strictly on zoning alone. This has nothing to do with the two (2) organizations whatsoever. This is
an erosion of the residential areas on Lincoln Way. DCI could have been at the table and we could
have done so much better.
Councilmember Oliver Davis made a motion send Bill No. 05-18 to the full Council with a
favorable recommendation. Councilmember Jo M. Broden seconded the motion which carried by
a roll call vote of five (5) ayes and four (4) nays (Councilmember Tim Scott, Regina Williams-
Preston, Sharon L. McBride, and Karen White).
RISE AND REPORT
Councilmember Karen White made a motion to rise and report to full Council. Councilmember
Tim Scott seconded the motion which carried by a voice vote of nine (9) ayes.
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the Council
Chambers on the fourth floor of the County-City building at 8:28 p.m. Council President Tim Scott
presided with nine (9) members present.
BILLS —THIRD READING
BILL NO.
05-18 THIRD READING 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
(COUNCIL PORTION ONLY)
Councilmember Oliver Davis made a motion to accept the written commitments to Bill No. 05-
18. Councilmember Dr. David Varner seconded this motion which carried by a voice vote of
nine (9) ayes.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 05-18, as amended. Councilmember
Oliver Davis seconded the motion which carried by a roll call vote of five (5) ayes and four (4)
nays (Councilmember Tim Scott, Regina Williams-Preston, Sharon L. McBride, and Karen
White).
BILLS FIRST READING
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REGULAR MEETING April 23, 2018
There were no bills for First Reading.
UNFINISHED BUSINESS
Councilmember Oliver Davis asked to have the Director of Public Works come to the next Council
Meeting to discuss curbs, sidewalks, and the funding thereto.
Councilmember Tim Scott announced there to be an update from the owner of Lime Bikes at the
next Council Meeting.He also commended Councilmembers Karen White and Sharon L.McBride
on a successful 3rd Councilmanic District Bus Tour.
Councilmember John Voorde announced the release of the 2018 Tentative Paving List of the
Department of Public Works.
Councilmember Karen White asked for Council Members to notify her if they would like to have
a bus and neighborhood tour.
Councilmember Sharon L. McBride thanked the Council Members and the City Clerk's Office for
the bus tour. She also thanked all the residents that showed up.
Councilmember Jo M. Broden announced that on Saturday, April 28th, 2018 at 10 a.m. at Kelly
Park, there will be Arbor Day Celebrations.
Councilmember Karen White announced the River Park Neighborhood Clean-Up scheduled for
Saturday, April 28th, 2018 from 10 a.m. to 12 p.m. They will meet on the corner of Ironwood and
Pleasant.
Councilmember Tim Scott announced the success of the NNN Neighborhood Clean-Up that
happened a few weeks ago and the first time there was a mulching effort for houses. This was in
response to a lead exposure study.
NEW BUSINESS
There was no new business.
PRIVILEGE OF THE FLOOR
Samuel Brown, 222 E. Navarre Street, South Bend, IN, stated, I was on the Residential
Neighborhoods Committee for the Common Council and this only lasted a year. I want to sign up
again to be more involved in our City's neighborhoods. I'm going to the Clerk's Office tomorrow
morning to sign up for another year. I talked to the neighbors yesterday. There are all kinds of
stories. They say he only shot fifteen(15)times but it was more than that. I was in the 1600 block
of College Street and it sounded like Babe Ruth. People were really shaken. There were people
two (2) and three (3) blocks away running and ducking behind anything they could. They didn't
know where the bullets were coming from. I talked to the Mayor briefly. I also talked to the Police
Chief.He is in Washington D.C.with the Mayor. We have to stop this.I don't know how to express
it but it has got to stop. Summer time is coming and it will start getting hot. These animals are not
going to take over our City and we can't sit back and say we are working on it. We have to treat
them like they are treating us. We have to take charge and I don't want to be behind the scenes. I
want to be out there and run toward it. The park that we talked about is really disappointing. When
that park opened there were some new kids that would go and it was beautiful. I'm worried about
the little kids. I will get you a copy of the video tape.
Rod Goodchild, 837 S. 24th Street, South Bend, IN, stated, It is a pleasure to be back. I have my
lucky jacket on and Marion Nation speaks. Lou Holtz' jacket from the Century Center fits me
good. I feel good in it. Spring time is here and I can't be any happier. You know we have the Best.
Week. Ever. coming and when I was sitting there I couldn't help but hear people talking about the
needs,the needs,the needs and we want to better,better,better our community.It is on your display
with the mission statement as the highest priority, they say, with our founding fathers. I bring this
up because we do have the sixteen(16)magnificent twenty(20)to forty(40) foot works of art.No
place else, anywhere, in the Midwest has it. I bring up that Trailblazer who people say, that
15
REGULAR MEETING April 23, 2018
Goodchild,just runs and runs and runs and try to catch him. He keeps on running. It's a wonderful
feeling to be sixty-eight (68) and to be running for the USA record in the mile, five twenty-nine
(5:29) because it's there, people, it's there. The founding fathers gave Potawatomi Park to the
community. We have the magnificent carvings that we saved from those hundreds, some two
hundred(200)plus year old trees. All we are asking,my father who came from Menomonee, who
came from the Indian Reservation, not one (1) Goodchild got to the third grade except him. Eight
(8)miles he would take his snow shoes to get off the reservation to get to eighth grade. West High,
top class, war hero from World War two (2), one (1) semester left after his flight school at Yale,
he came back to South Bend in 1946 and ran all the Nipsco Plants. We have the stadium called the
Olkowski Field and we have the Goodchild Trailblazer Track. All I'm asking,people, is to look at
what we're talking about. The Potawatomi Nation. The proudest thing you can do for us here, is
by the 29th of May, for the Best. Week. Ever. let us get that flag up. We know it won't go next to
the other four(4)because they are putting up there now the flag for accreditation. We will put the
flagpole up, all you have to say is thank you. Let us put it up. All I'm asking is just to let us know.
Isaac Hunt, 138 E. Broadway Street, South Bend, IN, stated, I came up here to talk about this new
Gateway Center and the trailers that were put up. The residents want the Gateway Center and we
feel it is something that is good, but we don't want it on Michigan Street. If you look at what we
have over there, we are over populated with social services. I work in social services and you
would think that I want it. But at the same time, why isn't the rest of the City sharing in this social
service issue we have? Right now, it is on the agenda to rezone for it. The City is saying it is not
going there and this is just temporary. Anything that starts out as temporary turns into permanent.
When we look at it we have JJC, we have Life Treatment Center, Broadway Church, the Plasma
Center and all these things all in our general area. I just got back from Washington D.C. and there
was a homeless guy sitting in the middle of my yard peeing. He was sitting peeing in the middle
of my yard. This is all night and all day long. We can't let kids out on Broadway,Indiana or Carroll
Streets, we have people urinating and drinking. The idea is to put the Gateway Center right there
on Michigan Street. That doesn't make sense. Why can't we disperse this throughout the City?
What about two trailers by Notre Dame? See when you say that, everybody gets scared. But it's
alright for when I paid $105,000 for my house and I can't sell it for $40,000 and you raised my
property taxes. I'm sitting here with a $105,000 house that is upside down and you're putting
something on top of us again. They came down to talk to us at our Neighborhood Association
meeting. I told them and I will say it again for the record. If they put this Gateway here,they think
they got problems with the tapes. We will be out there protesting every day because this is not fair
to us as residents and tax payers in this community. We have new houses going up and we are
trying to fix this neighborhood. We have the United Way paying$5 million in the South East side.
The Daycare Center, and you want to put a Gateway there? Think about this, y'all. And I'm not
against it,I'm for it,I was on the Committee. We need to spread the wealth. We got the new center
that Heritage put over on Indiana. Come on, now. Help us out,please.
Harry Marsh, 1520 S. Carroll Street, South Bend, IN, stated, I am also here to speak about the
trailers on Michigan Street. I have been in this neighborhood a long time and have seen a lot come
and go. I've heard the word temporary hundreds of times and I know that once electric and water
are hooked up to anything that means that temporary is out the door. Please,please, stop this. We
don't need another social service on the South East side. We don't need another place for the
homeless to be where my wife and I can't sit on our front porch, this morning, on a beautiful
morning, and have a cup of coffee without having to get up and go in the house because of all the
cussing, fussing, peeing, pooping and having sex in the garages. We don't need that. There are
kids there. I have three (3) grandkids that I can't let play in my own yard because of the homeless
situation on my side of town. I don't hear anybody on the East side coming over and having this
same issue. They tell us there isn't enough room on this Michigan Street corridor for it to be there
but all of the sudden, the building next door went up for sale so there is going to be enough room.
Please stop it before it gets started and goes any further.Make it possible for me and my grandkids
to live a happy life, the same that you and your grandkids live. There is plenty of room right there
at Ignition Park for those trailers to go. There are acres and acres and acres of room. Put them over
there. If they are temporary, when they are done with them they can move them or destroy them.
But please don't put them in my neighborhood.
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REGULAR MEETING April 23, 2018
Henry Miller, 229 E. Broadway Street, South Bend, IN, stated, Like the previous two (2)
gentlemen, my issue is with
the trailers on South Michigan Street. I am not only a homeowner but I am also a business owner.
I am tired of it. It is one (1)thing to provide these people a service but after the service is done and
over with, they still linger throughout the neighborhood and we have to put up with that. We have
children and grandchildren that are not safe to play outside. That should not be the case in any
neighborhood. However, we seem to be the poster child for indigent services. Like Isaac stated,
we have the Homeless Shelter,the JJC,the YWCA, Broadway Parish, Life Treatment Center, and
these people linger throughout our neighborhood all day and night. It only gets worse as the
weather gets warmer. My thing is,we had a meeting a couple of weeks ago, and all I kept hearing
was people saying that want to make it convenient. Well, to convenience, a group of people that
do nothing but take and don't contribute anything to the community, is a problem because you are
inconveniencing people that add value to the community. That is my issue. Those trailers do not
need to go up and, I'm with Isaac, I will be protesting. And if the protesting doesn't work, I will
walk away from it all.
Easu Harris, 201 E. Broadway Street, South Bend, IN, stated, I'm not going to repeat everything
they said. It is the same thing.My wife grew up in the neighborhood and there are just many issues.
I came home one (1) day and she was sitting on the porch and she said somebody came by and
asked for a cup of ice. I said `You know what they want that for, right?' She had no idea and the
next day the lady wants needles. I told her she was using heroin. Our kids can't go anywhere. The
place you put them on Michigan, across the street from the Fire Department, emergency vehicles
are coming out of there and they don't care about walking across the street. A main street coming
into South Bend and that is what you see. You see the nice circle, you go down the street and you
see that. There are places to put it away from that area. There are places you can put it away from
that area all over the City. It doesn't have to be on the main drag where people are at. We have
property everywhere that is sitting vacant. Please do something. Thank you.
Pam Claeys, 1106 Bellevue Avenue, South Bend, IN, stated, I want to thank Councilmember
Karen White, Sharon McBride and all the Council Members that came Saturday to the bus tour. I
think it was excellent.Particularly,it was excellent to see some of the areas in the third district that
we haven't seen before. We saw those trailers and they are pitiful. We had 1,000 houses in 1,000
days, let's use some of those to track some land. I agree with the gentlemen that spoke.
ADJOURNMENT
There being no further business to come before the Council, President Tim Scott adjourned the
meeting at 8:52 p.m.
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