HomeMy WebLinkAbout10-08-18 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
October 8,2018
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE,WE RECOMMEND THE SAME BE APPROVED:
TIM COTT
J TE H
APPROVED BY THE COMMON COUNCIL ON: October 22,2018
ATTEST: i. _ �/ % • ,
• I EMAH FO LER, CITY CLERK
REGULAR MEETING October 8, 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, October 8th, 2018 at 7:00 p.m. The meeting
was called to order by Council President Tim Scott and the Invocation (Vice President Oliver
Davis) and Pledge to the Flag were given.
ROLL CALL
COUNCIL MEMBERS PRESENT:
Tim Scott 1St District, President
Regina Williams-Preston 2n1 District
Sharon L. McBride 3`d District
Jo M. Broden 4th District
Jake Teshka 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
Casey Colvin Public Relations Intern
REPORT FROM THE SUB-COMMITTEE ON MINUTES
Councilmember Gavin Ferlic made a motion that the minutes of the September 24th, 2018 meeting
of the Council be accepted and placed on file. Councilmember Karen White seconded the motion
which carried by a voice vote of nine (9) ayes.
Council President Tim Scott publicly recognized the attendance of Boy Scout Troop#173 of South
Bend.
SPECIAL BUSINESS
BILL NO.
19-18 A RESOLUTION BY THE SOUTH BEND
COMMON COUNCIL RECOGNIZING
OCTOBER 2018 AS DOMESTIC VIOLENCE
AWARENESS MONTH IN THE CITY OF
SOUTH BEND, INDIANA
Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as a presenter for this
bill. Councilmember Oliver Davis stated, Good evening. It is truly an honor to be here tonight.
October, best month of the year. You know, moving forward. Bill Number 19-18. Resolution
Number 4751, a Resolution by the South Bend Common Council recognizing October 201.8 as
Domestic Violence Awareness Month in the City of South Bend, Indiana.
Councilmember Jo M.Broden,201 West North Shore Drive,South Bend,IN,served as a presenter
for this bill. Councilmember Jo M. Broden stated, Whereas,Domestic Violence Awareness Month
REGULAR MEETING October 8, 2018
evolved from the "Day of Unity" held in October 1981 and was conceived by the National
Coalition Against Domestic Violence. The "Day of Unity" soon evolved into a week, and in
October of 1987, the first (1St) National Domestic Violence Awareness Month was observed. In
1989,Congress passed Public Law 101-112,officially designating October of that year as National
Domestic Violence Awareness Month; and, Whereas, domestic violence is a serious, widespread
crime that affects over 10 million Americans of all races, ages, gender and income levels; and,
Whereas, more than one (1) in three (3) women, thirty-seven percent (37%) and one (1) in three
(3) men, thirty-four percent (34%) in the United States report having experienced domestic
violence, stalking, sexual assault or physical assault by an intimate partner during their lifetimes;
and
Councilmember Sharon L. McBride, 415 East Broadway Street, South Bend, IN, served as a
presenter for this bill. Councilmember Sharon L. McBride stated, Whereas, children witness an
estimated, thirty-three percent (33%) of intimate partner physical assaults and those that grow up
in violent homes are often abused and neglected at a rate higher than the national average.Whereas,
intimate partner violence accounts for fifteen percent (15%) of all violent crime; at least nineteen
percent (19%) of reported domestic violence involves the use of a weapon and the presence of a
gun in a domestic violence situation increases the risk of homicide by five-hundred percent
(500%); and, Whereas, domestic violence costs the nation billions of dollars annually in medical
expenses, law enforcement and court costs, shelters, foster care, sick leave, absenteeism, and non-
productivity; and, Whereas, numerous community partners and allied agencies within the City of
South Bend, Indiana are dedicated to a coordinated effort to put a stop to this cycle of violence.
Councilmember Oliver Davis stated,Now,therefore,be it Proclaimed by the Common Council as
follows: Section One (I). That on this 8th Day of October 2018, the South Bend Common Council
recognizes the month of October as Domestic Violence Awareness Month in the City of South
Bend, Indiana. Section Two (II). The South Bend Common Council urges all its residents to work
together to take a stand to eliminate domestic violence from our community by learning more
about prevention and by showing support for the numerous organizations and individuals who
provide critical advocacy, services and assistance to victims. Section Three (III). This resolution
shall be enacted upon the passage of the South Bend Common Council and signed by the Mayor
of South Bend, Indiana.
Councilmember Oliver Davis continued, I really am glad that we are doing this early in my life. I
have had to deal with this matter from family members and classmates. One(1)of the young ladies
in my high school, I'll never forget, was going through a divorce and her husband killed her and
her little baby found her from that standpoint. When you see this in your own family and churches
it is something that touches your heart and it makes you realize we need to do more individually
and as a community.
Susan Tybon,President and CEO of the YWCA with offices located at 1221 Fellows Street, South
Bend, IN, stated, I want to thank you for acknowledging that October is for domestic violence
awareness. One (1) in three (3) women are the victims of domestic violence within their lifetime
and we, at the YWCA, have served 3,200 women within the past year. I think the statistics are
really reaching epidemic proportions so we offer a lot of educational programs and a lot of work
in prevention. If you know of a workplace or school system that could use a presentation, we are
doing everything we can to try to educate and prevent further victims of domestic violence. I thank
you for increasing awareness because there is still a stigma. A lot of women are embarrassed and
ashamed to come forward and with statistics being so high, women need the support of the entire
community. I thank you for taking a step to support women and victims of domestic violence.
Council President Tim Scott gave the floor to Council Members for comment.
Councilmember Regina Williams-Preston stated, This is such an important issue. I want to thank
Councilmember Davis and the others for bringing this to the community. It is certainly something,
especially in light of the recent violence we've been seeing. Many of the stories we hear that come
out of these shootings have to deal with domestic issues. Knowing that and recognizing that is
really important. It is also important that we take the opportunity to educate our whole community,
particularly those young people. Again, thank you and I look forward to doing more work with
you as well on this issue.
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REGULAR MEETING October 8, 2018
Councilmember Jake Teshka stated, Thank you, Ms. Tybon, for all you do and all that the YWCA
does to help women here in Northern Indiana. I particularly had a heart for this. I grew up in a
family that had a heart for this issue. My mom actually sat on a Board of a couple of women's
shelters and so I'm very appreciative of the work you are doing. I think the key here is awareness,
obviously, and so thank you to the Council Members that initiated this resolution. As with a lot of
issues of our modern time, it is important to know the signs and signals and the things to look for.
That helps us, as a community, to be better equipped to address these issues. Thank you again,
and, thank you.
Councilmember John Voorde stated, Thank you for everything you do. I'm happy to be a small
part of raising awareness to such as important issue.
Councilmember Gavin Ferlic stated, Thank you for the work you do.
Councilmember Karen White stated, I would like to thank Councilmember Oliver Davis and the
two (2) co-sponsors, Councilmember Sharon McBride and Councilmember Jo Broden, for
bringing this issue and resolution before the Council. And for the work that has and is being done
at the YWCA, we really appreciate all those efforts for education and awareness. You really have
the opportunity and the resources to address this critical issue. I've had the pleasure of working
with two (2) groups of ladies at various school corporations and we've spent a lot of time talking
about dating violence,understanding the signs and having the strength to walk away and to not go
back into those abusive relationships. The work you do is critical and again, thank you to the
sponsors for bringing this to Council.
Councilmember Tim Scott stated, Thank you to the sponsors and thank you to the YWCA for all
the work you've done. Unfortunately, I'm reflecting back on my life and all too often we see it
directly from relatives within our lives or even work colleagues. It is a statistic we want to see less
of. Anything we can do to raise awareness, we need to do. We just had an incident in the first(1st)
district that centered on domestic violence. We have to do more. We have to help those people
find those services and have the courage to come forward. Thank you.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Jesse Davis, P.O. Box 10205 South Bend, IN, stated, I just want to say I do appreciate this
resolution but I wanted to kind of expand on it a little bit,you know? We always seem to focus on
the YWCA and the women who are abused but there are a lot of men out there that are abused. It's
not just physical abuse, you have to remember. We look a lot at the sexual and physical abuse,
there's a lot of mental abuse too. I would say that if they looked at the numbers really hard and
people would come out and talk about it, you would probably be shocked at the amount of men
who refuse to come forward who were abused because they feel if they come forward they will
look like a coward,this woman did this to me. So we need to remember,we've got a lot of services
for women, maybe at some point and time we could look toward some services and some more
awareness toward the men's side of this because it does take a toll on families. And I've seen it
first(1st) hand so I know what it can do to a family.
Ms. Tybon stated, I do want to say, we do provide services for men and that we have had men
come to our shelter. The percentage that are served is much lower than that of women. It could be
that men would be very embarrassed that they are victims of domestic violence.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 19-18 by acclamation.
Councilmember Karen White seconded this motion which carried unanimously by a voice vote of
nine (9) ayes.
21-18 A RESOLUTION BY THE SOUTH BEND
COMMON COUNCIL RECOGNIZING
OCTOBER 2018 AS NATIONAL BREAST
CANCER AWARENESS MONTH IN THE CITY
OF SOUTH BEND, INDIANA
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REGULAR MEETING October 8, 2018
Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as a presenter for this
bill. Councilmember Oliver Davis stated, Today I wore a special bow-tie that had both pink and
purple in it to try to meet both of these resolutions. The domestic violence was purple and we have
pink for this one (1). Resolution 4750-18. A resolution by the South Bend Common Council
recognizing October 2018 as National Breast Cancer Awareness Month in the City of South Bend,
Indiana.
Councilmember Karen White, 1912 Malvern Way, South Bend, IN, served as a presenter for this
bill. Councilmember Karen White stated, Whereas, the South Bend Common Council recognizes
the courage of those who have fought, are fighting, or will fight breast cancer in their lifetime. It
also honors those who have lost their lives to the disease; and, Whereas, thousands of women and
men in our country take on the fight against breast cancer each year; and, Whereas, screening and
early detection can make a tremendous difference in overcoming breast cancer; and
Councilmember Regina Williams-Preston, 838 North Elmer Street, South Bend, IN, served as a
presenter for this bill. Councilmember Regina Williams-Preston stated, Whereas, in the City of
South Bend,there are countless advocates,medical professionals,researchers, and caregivers who
dedicate their lives to fighting for a world without breast cancer.Now, therefore, be it Proclaimed
by the Common Council as follows: The South Bend Common Council acknowledges the
importance of raising awareness of breast cancer in our communityas we work to support
survivors, those currently battling breast cancer and those who might detect it in its early stages,
and, Section One (I): that on this 8th Day of October 2018, the South Bend Common Council
recognizes October 2018 as National Breast Cancer Awareness Month in the City of South Bend,
Indiana.
Councilmember Oliver Davis stated, Section Two (II): The South Bend Common Council
recommits itself to raising breast cancer awareness in our community and the impact it has on our
loved ones,friends, colleagues and community members. Section Three(III). This resolution shall
be enacted upon the passage of the South Bend Common Council and signed by the Mayor of
South Bend, Indiana.
Camilla Shaw, 11635 Rawsthorne Lane, Mishawaka, IN, stated, I just want to say thank you for
bringing awareness to Breast Cancer Month in October. We know one (1) in eight(8) and one (1)
in 1,000 men can be affected by breast cancer. It is important for everyone in our community to
become aware as we know early detection saves lives.
Sherry Kienitz, 615 North Michigan Street, South Bend, IN, stated, I work as the Supervisor for
the Memorial Breast Care Center and I would like to thank the Council for dedicating this day as
Breast Cancer Awareness Day. We do an important job and we just want to be helpful for our
patients and the community.
Monica Sanata, 3823 Dudley Drive,Mishawaka, IN, stated, I am a survivor of fourteen(14) years
and I also do mammograms. So I am breast cancer awareness month. I am what a mammogram
looks like. I am a survivor. I had no family history. I encourage every woman in here to get a
mammogram. If you have no financial means, we have ways to get it for you. You must be an
advocate for your own health. Every age in here, I'm telling you, you have to do it. Please.
Linda Davis, 1801 Nash Street, South Bend, IN, stated, In May 2001, I was diagnosed with Stage
Two (2)breast cancer. There was no cancer history of any kind in my family so I was the first(1St)
person in my family to have breast cancer. The thing that doctors didn't understand was how I
could get it at age thirty-six (36). In the early 2000s, they did not do mammograms for women
until they were forty (40). Now they've changed that and that is because of women like me who
have gotten it before that. My doctor was actually telling me that it was almost time for me to have
that mammogram. So it is very important to get those mammograms but it is also very important
to watch your stress levels. My breast cancer was strictly stress-provoked and I was Stage Two
(2). It is something that could affect anyone at any time and at any age. This is year number
seventeen (17) for me and I'm blessed and honored to be the face of how you can get over breast
cancer. Thank you so much for your attention to it and your honor of it. We all appreciate you.
Council President Tim Scott gave the floor to Council Members for comment.
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REGULAR MEETING October 8, 2018
Councilmember Gavin Ferlic stated, Thank you for the very important work you do in the
community.
Councilmember John Voorde stated, Thanks. Again, it is good to be part of anything that raises
awareness to anything that raises awareness to something like this. It is hard to believe that with
such an important and common message that someone wouldn't know it and do what they can to
prevent it these days. Whatever helps, it's my pleasure to be part of it.
Councilmember Jake Teshka stated, Thank you, Linda, for sharing your story. Thank you to the
women who spoke who work on a day in and day out basis to combat this. As Gavin said, it is
such important work that you guys do with love and care. I know it is taxing on yourself
emotionally but the care you provide for your patients is fantastic so thank you.
Councilmember Jo M. Broden stated, Thank you and keep telling your story, right? I really
appreciate it and that is how we beat this. I have a sister-in-law and a best friend. My sister-in-law
is about seven(7)years out and doing well. My best friend,his situation is over and done with and
he has served on national boards and etcetera. So, this hits everybody, right? Whether directly or
as a family member or someone of concern. I would like to take this opportunity just to thank you
as health care providers and support service survivors because that is all within the realm of what
you do day-to-day on behalf of our community. I would also like to hold up the Secret Sister
Society whom I know is very important in partnership with you all. How I first(1St)became aware
of this issue at a very early age, despite being the last in age of seven (7) sisters, was WNDU and
their Buddy Check. I think about way back when they established that program. I know I'm
probably missing other key groups and individuals who are raising dollars to get over some of the
costs of care, treatment and screenings, so I apologize. You all do great work, we are all indebted
to you, and again, thank you very much.
Councilmember Sharon L. McBride stated, Thank you all for your service and the services you
provide for the community. To the Council, thank you for bringing such an awareness. I know it
does not do justice to just honor you for one(1)day but this small token,publicly,is well-deserved
and appreciated. Thank you again and hopefully we can make a small impact for people to start
getting checked.
Councilmember Tim Scott stated, Thank you all. The support and services are incredible. This is
near and dear to my heart. Someone near and dear to me will go through their one (1) year mark
Friday. So,thank you all.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
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. 21-18 by acclamation.
Councilmember John Voorde seconded this motion which carried unanimously by a voice vote of
nine (9) ayes.
REPORTS OF CITY OFFICES
Representing the City Administration: Suzanna Fritzberg, Deputy Chief of Staff
Councilmember Gavin Ferlic made a motion to suspend the rules and move Resolutions before
Committee of the Whole. Councilmember Karen White seconded this motion which carried
unanimously by a voice vote of nine (9) ayes.
RESOLUTIONS
BILL NO.
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REGULAR MEETING October 8, 2018
18-54 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS LOT 5 U
S 31 INDUSTRIAL PARK PHASE II AS AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A NINE (9) YEAR REAL
PROPERTY TAX ABATEMENT FOR
NATIONAL DISTRIBUTION CENTERS, LLC
Austin Gammage, Business Development Manager 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. Gammage stated, I am here to present for the confirming resolution for
National Distribution Centers, LLC and for their nine (9) year tax abatement. This petition was
presented before Council two (2) weeks ago so I will be brief on the project summary. The
construction consists of 232,000 square feet. There will be a$14 million investment by way of the
building, construction and land purchase. The estimated taxes paid during the nine (9) year
abatement period will be $1,138,755. The estimated taxes abated will be $1,675,590. Also, this
investment will help retain one hundred and eight (108)jobs here in our community.
Mark Neal, Bradley Company with offices located at 112 West Jefferson Boulevard, Suite 100,
South Bend, IN, served as the petitioner for this bill. Mr. Neal stated, We are representing the
company NFI Industries.As noted in the last meeting,they are excited about their ability to expand
their operation here in our community. They look forward to getting underway as quickly as they
can.This abatement is critical to that effort.They will also be going to the Board of Zoning Appeals
later this week with a couple requests that are very standard for this development.
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. 18-54. Councilmember Karen White
seconded this motion which carried by a roll call vote of nine (9) ayes.
18-57 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE
PROVISION OF SERVICES TO AN
ANNEXATION AREA IN PORTAGE
TOWNSHIP (BLAD ANNEXATION AREA)
Councilmember Oliver Davis, chair of the Zoning and Annexation Committee, reported that they
met this afternoon and send this bill forward with no recommendation.
Michael Divita, Planner for the Department of Community Investment with offices on the 14th
floor of the County-City Building,served as the presenter for this bill.Mr.Divita stated,This fiscal
plan is for a sixty-one point three (61.3) acre annexation that has been requested by the property
owner of one (1) parcel on Renewable Road just north of Prairie Avenue near the Ethanol Plant.
As you will hear later on,Agriculture and Light Industrial uses are planned for the site.No capital
improvements are currently planned by the City as part of this annexation. Water and sewer are
available on Renewable Road. The Lift Station along Calvert Street could require upgrades
depending on the future use of this site. A question came up in committee,this would be the same
Lift Station that was in the Pokagon Agreement.No new streets would be added to the City as part
of this annexation. The annexation area will be added to the sixth(6th) Common Council District,
served by Police Beat Twenty-Five(25),Fire Station Five(5),Emergency Medics Four(4)or Five
(5) and Code Enforcement Area Six (6). These and other non-capital services will be in place
within one(1)year of the effective date of the annexation with response times comparable to other
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REGULAR MEETING October 8, 2018
areas in the City. I ask for Council's adoption of the fiscal plan and I'd be happy to take any
questions you might have.
Councilmember Jo M. Broden asked, Could you follow up on the Pokagon Agreement for the lift
station? What is the timing of that and the price tag?
Mr. Divita replied, From my understanding, from Public Works, it was tied into when the hotel
development happened at the Casino site. I do not have a price tag at this time.
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. 18-57. Councilmember Oliver Davis
seconded this motion which carried by a roll call vote of nine (9) ayes.
18-58 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE
PROVISION OF SERVICES TO AN
ANNEXATION AREA IN PORTAGE
TOWNSHIP (CERES ANNEXATION AREA)
Councilmember Oliver Davis, chair of the Zoning and Annexation Committee, reported that they
met this afternoon and send this bill forward with no recommendation.
Michael Divita, Planner for the Department of Community Investment with offices on the 14th
floor of the County-City Building,served as the presenter for this bill.Mr.Divita stated,This fiscal
plan is for a two hundred and fifty-four point six (254.6) acre annexation that has been requested
by the property owner of three (3) parcels at the west end of Calvert Street, west of Renewable
Road near the Ethanol Plant. Agriculture and Light Industrial uses are planned for the site. No
capital improvements are currently planned by the City as part of this annexation. Water is
available along Calvert Street and along Renewable Road. Sewer is available along Calvert Street.
The only road being added to the City as part of this annexation is the US 20-31 bypass that will
continue being maintained by INDOT. The annexation area will be added to the sixth (6th)
Common Council District, served by Police Beat Twenty-Five (25), Fire Station Five (5),
Emergency Medics Four (4) or Five (5) and Code Enforcement Area Six (6). I ask for Council's
adoption of the fiscal plan and I'd be happy to take any questions you might have.
Councilmember Jo M. Broden asked, Would a Lift Station be considered a capital improvement?
Mr. Divita replied, Yes, if that became necessary.
Councilmember Jo M. Broden followed up, But we've contemplated earlier, in an earlier
agreement with the Pokagons and the potential full development of the site would most likely
require that Lift Station improvement?
Mr. Divita replied, That is likely. It will depend on the nature of that improvement.
Councilmember Jo M.Broden stated,And as much as we're looking in the future,and this doesn't'
have a current use identified, it is coming in as just a zoning, I guess my expectation is, and it may
be wrong, I think it would be helpful to at least nod to that as an expense in this annexation report
as a potential expense.
Mr. Divita replied, There is a potential expense there. I think the idea is that any development
would be significant enough that it would pay for Lift Station improvements.
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.
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REGULAR MEETING October 8, 2018
Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-58. Councilmember John Voorde
seconded this motion which carried by a roll call vote of nine (9) ayes.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:41 p.m. Councilmember Karen White made a motion to resolve into the Committee of the
Whole. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of nine
(9) ayes. Councilmember Gavin Ferlic, Chairperson,presiding.
Councilmember Gavin Ferlic explained the procedures to be followed for tonight's meeting in
accordance with Article 1, Section 2-11 of the South Bend Municipal Code.
PUBLIC HEARINGS
BILL NO.
34-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA, AND AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN PORTAGE TOWNSHIP,
CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT NO. 6, FOR A 31.75 ACRE TRACT
OF LAND ON THE WEST SIDE OF NEW
ENERGY DRIVE APPROXIMATELY 350 FEET
NORTH OF STATE ROAD 23, SOUTH BEND,
INDIANA
Councilmember Karen White made a motion to hear the Substitute version of Bill No. 34-18.
Councilmember Tim Scott seconded this motion which carried by a voice vote of nine (9) ayes.
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 11th floor
of the County-City Building, South Bend,IN,served as the presenter for this bill.Ms. Smith stated,
Before you is an amended ordinance. First(1St) of all,there is a typographical error and it is sixty-
one point seven-five (61.75) acres and not thirty-one point seven-five (31.75). The major change
here is, after the Committee discussion,the petitioners are requesting the zone change to LI, Light
Industrial as opposed to the originally proposed GI, General Industrial District. The Light
Industrial District limits the uses to ones that have clean, quiet and free of hazardous or
objectionable elements such as noise, odor, dust smoke or glare, uses. They felt that would be a
good compromise to help address any concerns of the adjacent neighbors that came to the
Committee meeting this afternoon. So this particular property is on the east here and is sixty-one
point seven-five(61.75)acres. To the north you have the GI, General Industrial District in the City
of South Bend. To the east is LI. To the south is a property rezoned not too long ago to CB,
Community Business. And the other property to the west is a property that will be heard later and
is being petitioned to seek annexation and rezoning also. This property along with the other one
(1) is kind of a little bit of an island. It is bound by the bypass on one (1) side, existing industrial
development to the east and a railroad spur to the north. All of that kind of isolates this to the
surrounding agricultural area. This map (referencing a slide in a presentation which is available in
the City Clerk's Office)kind of gives that illustration there. You can see how this is the last general
area in this area to the southeast of the railroad tracks. The comprehensive plan for this area calls
for heavy industrial use but the petitioner is seeking Light Industrial to make sure they mitigate
the effect on surrounding properties. This comes to you from the Area Plan Commission with a
favorable recommendation.
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REGULAR MEETING October 8, 2018
Councilmember Oliver Davis asked, Can you clarify the types of business that will not be allowed
in Light Industrial that would have been allowed in General Industrial?
Ms. Smith replied, It will eliminate anything that would have a large amount of smoke, debris,
outdoor storage, auto wrecking and things of that nature. LI is really intended for things that will
happen inside a building with very limited, if any, outdoor storage.
Councilmember Oliver Davis then asked, If one (1) of those type of businesses were to come to
request that area, they would have to ask for zoning change?
Ms. Smith replied, They would either have to ask for a special exception or a zoning change,both
would have public hearings.
Councilmember Jo M. Broden asked, So the reference to the heavy zoning in the plan, what does
that date back to?
Ms. Smith replied, That comes out of the City Plan which was a 2010 adoption. That was in
response to the already industrial nature of this area which is why when the petitioners came and
spoke to us that was the direction we gave them. They weren't interested in any specific use but at
the time we thought that was the best way to go. Then after more discussion and public feedback,
they agreed to go to the Light Industrial.
Councilmember Jo M. Broden followed up, So even though it was out of the City,now that it is in
the City, we reference the City Plan?
Ms. Smith replied, Yes because we are looking at what the Comprehensive Plan calls for within
the City of South Bend because that is the ordinance.
Pat Primer, Attorney for Martin Blad Farms with offices located at 4100 Edison Lakes Parkway,
Mishawaka, IN, served as the petitioner. Ms. Primer stated, With me is Brent Burkus. He is the
grandson of Martin Blad and he is in charge of operations of the farm. First(1St)of all I would like
to say that, on behalf of the farm, they are in agreement to amend the petition to Light Industrial.
The intention right now is that there is no specific plan. The plan is to continue farming as they
have since the 1940s but they want to be open to opportunities recognizing that they have an area
that can open itself up to development. So if an opportunity arises,they want to be open to be able
to consider that opportunity.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Tim Corcoran, Director of Planning for the Department of Community Investment with offices on
the 14th floor of the County-City Building, South Bend, IN, stated, Good evening. Thank you for
this. I just wanted to speak a little bit about the property and how the City was approached by Blad
Farms to voluntarily annex into the City. This would be part of what would be a contiguous three
hundred fifty (350) acres of green field possibilities. There is access to heavy rail, access to the
US-31 bypass, and it represents a development potential that doesn't exist in other places in the
City. For instance, Ignition Park has about thirty (30) acres of remaining land available. Portage
Prairie, which is another Light Industrial area of the City, has parcels between ten (10) and thirty
(30)acres. So the opportunity here is actually quite unique in that we have up to three hundred and
fifty (350) acres of property which is perfectly located for this type of use. As Angela mentioned,
with the General Industrial and Light Industrial areas surrounding the site, it is basically ready for
development in terms of what is there. Some of the concerns brought up earlier this afternoon
involved drainage. One (1) of the things is that as development happens, drainage has to happen
on site. That is a requirement of all new development. So when a use chooses to go there at any
time, drainage must be addressed at that time to the satisfaction of the Engineering Department.
With that, I ask you to vote favorably for this rezoning.
Councilmember Oliver Davis stated, First(1St) of all, I would like to thank everyone involved this
afternoon for the discussion we had. We had three (3) different farming families that came before
us that shared their concerns. They have been in this area for a long while. The issue was at what
level we annex this in terms of zoning. I think this is a level that meets their needs at the same time
respecting the concerns of the neighbors. Any other development that happens there,there will be
public input. We will work together like that.
9
REGULAR MEETING October 8, 2018
Councilmember Oliver Davis made a motion to send Substitute Bill No. 34-18 to the full Council
with a favorable recommendation. Councilmember Jake Teshka seconded this motion which
carried by a voice vote of nine (9) ayes.
35-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA, AND AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN PORTAGE TOWNSHIP,
CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT NO. 6, FOR A 229 ACRE TRACT OF
LAND NORTH OF THE ST. JOSEPH VALLEY
PARKWAY RIGHT-OF-WAY,
APPROXIMATELY 1150 FEET FROM THE
INTERSECTION OF STATE ROAD 23 AND THE
ST. JOSEPH VALLEY PARKWAY, 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 11th floor
of the County-City Building, South Bend,IN, served as the presenter for this bill.Ms. Smith stated,
This is adjacent to the piece of property we were just discussing. However this is two hundred
twenty-nine (229) acres. As the amended ordinance was submitted, they will be seeking the LI,
Light Industrial District along with the annexation this evening. Surrounding the area is the
previous one (1) discussed as Light Industrial. Agricultural is across the bypass. There is some C,
Commercial on the corner. Like the last petition, this comes to you from the Plan Commission
with a favorable recommendation. It is consistent with the comprehensive plan and will allow for
future development in South Bend.
Steve Cardinal, CCO for Ceres Farm with offices located at 1251 N. Eddy Street, South Bend, IN,
served as the petitioner for this bill. Mr. Cardinal stated, I want to thank you for the opportunity to
look at this resolution. I think Light Industrial is appropriate for this area.
Councilmember Oliver Davis stated, This won't affect your parcel in any way, will it?
Mr. Cardinal replied, No, it will not. We will continue farming but we look forward to
opportunities this will give us in the future.
Councilmember Oliver Davis stated, Thank you. I appreciate that, sir. I'm at peace.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Tim Corcoran,Director of Planning for the Department of Community Investment with offices on
the 14th floor of the County-City Building, South Bend, IN, stated, Thank you, again, for
considering this. I would like to reiterate some of the comments made earlier. I think the map on
the screen at the moment displays the logic. This really is an extension of an industrial area of our
City. It is very well-suited for this use and I look forward to working with the land owners in the
future to see what we can do for the City on this side of town. Thank you.
Councilmember Oliver Davis stated,Again,I would like to thank everyone. Both the Blad Family
and the Ceres people. All of us came together to be able to move forward.
Councilmember Oliver Davis made a motion to send Substitute Bill No. 35-18 to the full Council
with a favorable recommendation. Councilmember John Voorde seconded this motion which
carried by a voice vote of nine (9) ayes.
Council Attorney Bob Palmer stated,Pursuant to State Statute,the Council cannot vote or pass the
annexation ordinance until fourteen (14) days have passed since the public hearing. So anyone
10
REGULAR MEETING October 8, 2018
who is here waiting for the Council to pass or reject these two (2)bills,they will have to wait until
the next Council meeting.
45-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE
ANNUAL SALARY FOR THE MAYOR FOR
CALENDAR YEAR 2019
Councilmember Karen White, chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Jen Hockenhull, City Controller for the City of South Bend with offices located on the 12th floor
of the County-City Building, South Bend, IN, served as the presenter for this bill. Ms. Hockenhull
stated, Good evening, Council. The ordinance you have in front of you is requesting a two percent
(2%) increase over the 2018 salary for the Mayor which is consistent with what the Council and
Clerk is requesting.
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 Tim Scott made a motion to send Bill No. 45-18 to the full Council with a
favorable recommendation. Councilmember John Voorde seconded this motion which carried by
a voice vote of nine (9) ayes.
46-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE
ANNUAL SALARY FOR THE COMMON
COUNCIL MEMBERS FOR CALENDAR YEAR
2019
Councilmember Karen White, chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Tim Scott, President of the South Bend Common Council with offices on the 4th floor of the
County-City Building, South Bend, IN, served as the presenter for this bill. President Scott stated,
This ordinance raises the South Bend Common Council salary by two percent(2%) from$19,411
to $19,799. That is a three hundred and eighty-eight dollar($388) increase.
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 Oliver Davis made a motion to send Bill No. 46-18 to the full Council with a
favorable recommendation. Councilmember John Voorde seconded this motion which carried by
a voice vote of eight(8) ayes and one (1) nay (Councilmember Tim Scott).
47-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE
ANNUAL SALARY FOR THE SOUTH BEND
CITY CLERK FOR CALENDAR YEAR 2019
Councilmember Karen White, chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Kareemah Fowler,City Clerk for the City of South Bend with offices on the 4th floor of the County-
City Building, South Bend, IN, served as the presenter for this bill. Clerk Fowler stated, This is
requesting a two percent (2%) increase which is consistent with the rest of the elected officials.
11
REGULAR MEETING October 8, 2018
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 Tim Scott made a motion to send Bill No. 47-18 to the full Council with a
favorable recommendation. Councilmember Oliver Davis seconded this motion which carried by
a voice vote of nine (9) ayes.
48-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA FIXING MAXIMUM
WAGES OF TEAMSTER EMPLOYEES FOR
CALENDAR YEARS 2017-2020
Councilmember Karen White, chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Jen Hockenhull, City Controller for the City of South Bend with offices located on the 12th floor
of the County-City Building, South Bend, IN, served as the presenter for this bill. Ms. Hockenhull
stated, Good evening. The ordinance before you is for the Teamster Employees. It is just to
reaffirm the contract approved on October 19th, 2016. There are no changes from last year.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
None from the public wished to speak in favor of or opposition to this bill.
Councilmember Tim Scott made a motion to send Bill No. 48-18 to the full Council with a
favorable recommendation. Councilmember John Voorde seconded this motion which carried by
a voice vote of nine (9) ayes.
49-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RE-AFFIRMING
ORDINANCE NO. 10472-16 AND FIXING THE
ANNUAL PAY AND MONETARY FRINGE
BENEFITS OF SWORN MEMBERS OF THE
SOUTH BEND POLICE DEPARTMENT FOR
CALENDAR YEAR 2019
Councilmember Karen White, chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Jen Hockenhull, City Controller for the City of South Bend with offices located on the 12th floor
of the County-City Building, South Bend, IN, served as the presenter for this bill. Ms. Hockenhull
stated, Good evening. The ordinance before you relates to our Police Department's sworn
members. It is reaffirming the agreement made on October 25th, 2016. There are no changes from
last year.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
None from the public wished to speak in favor of or opposition to this bill.
Councilmember Tim Scott made a motion to send Bill No. 49-18 to the full Council with a
favorable recommendation. Councilmember John Voorde seconded this motion which carried by
a voice vote of nine (9) ayes.
50-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RE-AFFIRMING
ORDINANCE NO. 10549-17 AND FIXING THE
ANNUAL PAY AND MONETARY FRINGE
12
REGULAR MEETING October 8, 2018
BENEFITS OF SWORN MEMBERS OF THE
SOUTH BEND FIRE DEPARTMENT FOR
CALENDAR YEAR 2019
Councilmember Karen White, chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Jen Hockenhull, City Controller for the City of South Bend with offices located on the 12th floor
of the County-City Building, South Bend, IN, served as the presenter for this bill. Ms. Hockenhull
stated, Good evening. The ordinance before you relates to our Fire Department's sworn members.
It is reaffirming the agreement made on October 23rd, 2017. There are no changes from last year.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
None from the public wished to speak in favor of or opposition to this bill.
Councilmember Tim Scott made a motion to send Bill No. 50-18 to the full Council with a
favorable recommendation. Councilmember John Voorde seconded this motion which carried by
a voice vote of nine (9) ayes.
51-18 PUBLIC HEARING ON AN ORDINANCE
FIXING MAXIMUM SALARIES AND WAGES
OF APPOINTED OFFICERS AND NON-
BARGAINING EMPLOYEES OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE
CALENDAR YEAR 2019
Councilmember Tim Scott made a motion to accept the Substitute version of Bill No. 51-18.
Councilmember Jo M.Broden seconded this motion which carried by a voice vote of nine(9)ayes.
Councilmember Jake Teshka stated, As a matter of transparency, and in consultation with our
Attorney, I would like the Council to know that my wife works for the City in VPA. I would ask
that the Council take a vote on whether or not they see this as a substantial conflict.
Councilmember Gavin Ferlic stated, I do not see it as a substantial conflict, however I don't see
any harm in recusing yourself from the vote. I would not object to you recusing yourself from the
vote.
Councilmember Tim Scott made a motion that Councilmember Jake Teshka does not have a direct
conflict in voting on Substitute Bill No. 51-18. Councilmember Karen White seconded this motion
which carried by a voice vote of six(6) ayes and two (2)nay(Councilmembers Jo M. Broden and
Oliver Davis).
Councilmember Karen White, chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Jen Hockenhull, City Controller for the City of South Bend with offices located on the 12th floor
of the County-City Building, South Bend,IN, served as the presenter for this bill. Ms. Hockenhull
stated, Good evening. The reason this is a substitute bill is because we added the position of Chief
Code Inspector. Council has received copies of the job description. It relates to a position that
would oversee all the code inspectors to free up the time of the Director and Deputy Director. This
is not a new person as it is just a new position in hopes to promote someone from within. We did
meet on September 19th, 2018, at the request of Council, to discuss all new positions and salaries
so we hope we've already answered all of your questions.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
None from the public wished to speak in favor of or opposition to this bill.
Councilmember Tim Scott made a motion to send Substitute Bill No. 51-18 to the full Council with
a favorable recommendation. Councilmember John Voorde seconded this motion which carried
by a voice vote of nine (9) ayes.
13
REGULAR MEETING October 8, 2018
RISE AND REPORT
Councilmember Karen White 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 8:10 p.m. Council President Tim Scott
presided with nine (9) members present.
BILLS —THIRD READING
BILL NO.
38-18 THIRD READING ON AN ORDINANCE OF
THE CITY OF SOUTH BEND, INDIANA,
LEVYING TAXES AND FIXING THE RATE OF
TAXATION FOR THE PURPOSE OF RAISING
REVENUE TO MEET THE NECESSARY
EXPENSES OF THE CIVIL CITY OF SOUTH
BEND FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2019 (COUNCIL PORTION
ONLY)
Councilmember Gavin Ferlic made a motion to accept the Substitute version of Bill No. 38-18.
Councilmember Jo M. Broden seconded this motion which carried by a voice vote of nine (9)
ayes.
Councilmember Gavin Ferlic made a motion to adopt Substitute Bill No. 38-18. Councilmember
Oliver Davis seconded this motion. Council President Tim Scott then opened the floor to Council
Members for discussion.
Jen Hockenhull, City Controller for the City of South Bend with offices located on the 12th floor
of the County-City Building, South Bend, IN, stated, This is simply setting the tax rates set by the
DLGF Gateway Program. This doesn't affect the caps we have in place but it allows the State to
divvy up the property taxes according to those rates.
Councilmember Oliver Davis stated, Thank you for that clarity, I am at peace.
With no further discussion,Substitute Bill No. 38-18 passed by a roll call vote of nine (9) ayes.
39-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROPRIATING
MONIES FOR THE PURPOSE OF DEFRAYING
THE EXPENSES OF SEVERAL DEPARTMENTS
OF THE CIVIL CITY OF SOUTH BEND,
INDIANA FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 2019 AND ENDING
DECEMBER 31, 2019 INCLUDING ALL
OUTSTANDING CLAIMS AND OBLIGATIONS,
AND FIXING A TIME WHEN THE SAME
SHALL TAKE EFFECT (COUNCIL PORTION
ONLY)
Jen Hockenhull, City Controller for the City of South Bend with offices located on the 12th floor
of the County-City Building, South Bend, IN, stated, This is simply the Civil City portion of the
budget that we have been talking about since May 22nd, 2018.
Council President Tim Scott then opened the floor to Council Members for discussion.
14
REGULAR MEETING October 8, 2018
Councilmember Karen White stated, Are there any areas we need to have further discussion on?
Councilmember Oliver Davis stated,Yes,thank you Ms. White. I sent out a letter on Friday to Ms.
Hockenhull which I will read for the record. It says, `Greetings, Ms. Hockenhull. Please kindly
note that as was publicly discussed during the last South Bend Common Council Z&A Committee
meeting on September 24th, 2018, there was an earnest concern about moving forward with the
approval of a budget that includes terms to get the City of South Bend Zoning Board into 2019
tentatively scheduled to commence during the summer of 2019. Our last South Bend Common
Council Committee highlighted some of the many issues which need to be worked out prior to the
funding of the City of South Bend Zoning Board taking place including the creation and the review
of the City of South Bend's ordinance. As in many other previous City matters, when all of the
immediate concerns have been resolved, a request can be made by the City of South Bend
Administration to the South Bend Common Council seeking to appropriate funds at a later day.
Henceforth, it is being requested to proceed with the City of South Bend's budget without this
action being funded with the 2019 City budget. Further meetings will be proposed to have this
discussion so that we can properly proceed with the discussion at the City level.'
Councilmember Oliver Davis continued, An example of that, you can see this afternoon. Zoning
and Annexation issues have come before this Council and they are probably some of the most
challenging and heated issues we deal with. There are a lot of things I am for and that I have
publicly stated in the August South Bend Tribune that I see the need for this. I just would like to
have seen that worked out. To fund something and then come back and do it around doesn't make
sense to me. I understood that the Council President has shared his disagreement with this concept
but I believe that we need to keep the control right here. Our statutory obligation is to be in control
of the budget. For us to put parameters and do that, we've stated those kinds of things before but I
don't see too many examples when we have come back to really have those kinds of things. I
believe that we have had a pattern of too many major issues that we have dealt with Community
Investment that we have found out regarding this at an Area Plan meeting or at a later date that we
have to come back to clean up. I believe that we can really take the time to come together and work
out the plan. We just had a highlight. If I had not initiated that highlight from our last meeting, it
wouldn't have happened. It would have only been in the budget and moved on and then later on. I
think we can do better than that. This does not stop us from saying that this idea is not there but it
gives us the opportunity, here as a Council,to work out things. We can appropriate funds. I think
given the fact that we need to look at the impact of eight(8) of the nine (9) members coming from
the Mayor's Office. Of course we still have one (1) from the City Council, we need to look at the
impact of the legalities of that. I asked,in the first(1St)budget meeting,Ms. Stephanie Steele,what
the legalities were going to be with that. I never got a response back. I even never got a response
back, I know it's Friday but they could still send me something back and say we heard your
concerns or something but I never got a response back even from the Administration on this
question and from that standpoint. So,we are in a situation where, as your Zoning and Annexation
Chair,I don't get responses back. I went to an Area Plan meeting and we found out we had farmers
out there, didn't get a response back from that. So these are the kinds of things, it's not just a
personal Oliver Davis versus the Administration issue, this is something that affects us all and I
think that we need to have this major kind of piece carved out and handled. We can have
discussions with our Zoning and Annexation Committee. We can do that. It doesn't take us long.
Dr. Mueller himself said that ordinance wouldn't take long. And so therefore, I don't understand
it wasn't presented prior to this time. It has not been done. We need to have more strength instead
of handing everything over to the Administration. I even have concerns with our current President
voting for everything else for the Administration, but when it comes to Council, votes against the
budget. We have to learn how to respect the Council's response and give teeth to the Council and
not just be seen as a rubber stamp for all of those kinds of things. This is one (1) of the key things
that we have to look at from that standpoint. I appreciate it and I would ask for your support to
delay, and I even make a recommendation and a formal motion to pull that out of this budget at
this present time and then come back, after enough discussion and this Council approves it,would
then appropriate the funds to proceed given the nature of that. I make that motion.
This motion failed due to the lack of a second.
15
REGULAR MEETING October 8, 2018
Councilmember Karen White stated, I have heard the concerns of Councilmember Davis. Is there
any way we can put in parameters? Because monies will not be utilized moving forward. If this is
a concern of other members of the Council, I would like to hear that as well. But is there a way we
can still have a level of conversation, set parameters and discuss the areas that you and others may
have concerns about, and still be able to move forward?
Councilmember Oliver Davis stated, I think parameters can be set up but not between tonight and
midnight tonight. I think we are going to look at parameters, given the fact the budget has to be
approved by November 1St, 2018 which this Council has done when that question has been asked
of you, then we have delayed the vote to the last meeting in October. For us to put all of the
parameters right here in an open meeting and have our discussion with our attorneys, I don't even
see anybody from Area Plan. There isn't even someone here at the expertise level to have that
discussion tonight.None of them are here. I did let them know I was going to have this discussion
so,just to put those parameters in, I don't see the expertise here to help us do that tonight. That is
my concern. Now, to hold up the entire budget for that period of time is something we may not
want to do. So therefore, given the fact not to hold up the entire budget for that, let's pull that part
out, come back and do that and then we can do that again for appropriations because I can live
with parameters really, from that standpoint, but to create those parameters tonight without even
the appropriate people and legal advice, I can't see how I can do that.
Councilmember Karen White stated, I understand what you are saying and it makes sense. I want
to see if other members have concerns and I would also like to get input from Community
Investment to see what that would look like. I know we are only at the Council Portion.
Councilmember Oliver Davis interrupted, And please know that Community Investment, again,
was at the meeting we had on September 24th,2018 and I have not heard any correspondence from
them regarding any of those concerns. Also, they were carbon copied on this letter along with
Mayor Pete. There were no responses at all. So to me, to really have their input tonight, because
this is Council Portion only, I think that is concerning because we were working through letters
and everything else. That is why I would have concerns with them having a discussion to hold it
up now at this present time. I mean, I would listen to that but the thing about it is, given the nature
of the lack of communication on such a key issue for the City,where we have been very transparent
with the City regarding our concerns, I think we have to have some concerns with that.
Councilmember Jo M. Broden stated, I would support pulling this from the budget at this time
with the intent of further deliberation and having a more collaborative effort and fuller
understanding. Mr. Davis, you've been a long-time member of the Area Plan Commission and
have been a long-time Chair of the Zoning and Annexation Committee. I think you have a voice
of authority on this and, I guess, out of due respect to your leadership and this request, I would
concur with you. I know you have brought up your concerns, as have I, and they were multi-
faceted. I guess I, too, don't feel comfortable with pulling the trigger on this and saying yes, go
full-boar on it but, at the same time, I recognize the need for some changes. However, I think
Council can get at that in a collaborative way going forward. I guess we should have learned our
lesson in some way with the way HPC went down last year in terms of coming to the Council. I
should acknowledge,there has been a number of pieces in terms of job descriptions and individual
discussions but I think we all benefit when we look at it collectively. I do think that piece meal
approach misses some things sometimes and there are miscommunications. So I guess I would
support your motion but with the intent to let the Department of Community Investment come
before Council to work on this in a more open way to give opportunities to ask questions. I would
acknowledge that I, too, in my comments, which I didn't share across Council through emails
because I don't think that is appropriate, but I, too, asked these same questions not only in
Committee but I asked it of the Administration and specifically with the Department of
Community Investment. I did have a very lengthy conversation on a late Friday night with Dr.
Mueller before either of us left the office here. I am grateful for that but that is a benefit and a
knowledge that I have, it is not a benefit and knowledge that,perhaps,the rest of the Council may
or may not have. Certainly the public does not have that information. I do think being able to
discuss these things in a more public setting would be beneficial. I am on the record for the issues
I had with this and I am not at the point where I feel comfortable that those issues have been
addressed.
16
REGULAR MEETING October 8, 2018
Councilmember Gavin Ferlic stated, Certainly I respect Oliver's leadership. The one(1)thing that
at least gives me confidence here is we would still need to entertain an ordinance to make these
changes. Is that correct?
Council Attorney Bob Palmer confirmed, That is correct.
Councilmember Gavin Ferlic followed up, And so while I do agree that I think the process could
have been much better, I personally am ok with planning for something like this in the budget.
Seeing that we have the funds available in the budget, we would have a bigger discussion on the
ordinance. That is not to say I disagree with you in terms of the approach and communication. I
think Councilmember Davis' points are certainly valid but in terms of my perspective, I do think
I am comfortable with planning for it in the budget but certainly want to have a much bigger
discussion when we look at that ordinance.
Councilmember Tim Scott stated,I agree,too,almost verbatim,Councilmember Ferlic.I trust your
leadership and your wisdom on Zoning and Annexation, Councilmember Davis,but I look at it in
a different way. It is not as a rubber stamp to the Mayor, I look at it from a business standpoint.
When we start a new project, we put together a budget. We put together what that money and
allocation is going to look like before we start that project. We figure out what we are going to end
up spending on it so we have those resources to go about doing it. If along the way it changes, it
can change and we can reallocate funds elsewhere. Again, setting a budget tonight means any part
of this is a potential. We are saying this is what we are planning on doing in 2019. I think we can
still control the parameters and lay out our goals and objectives of what needs to be done. I am
fully aware. I have so many issues in my district that have to deal with building and zoning. I'm
dealing with one (1)right now. There are no teeth in the matter to the zoning issue and that is why
I believe we need to do zoning within the City. I am fine with setting the budget. I don't think there
is anything wrong with setting that budget tonight and then getting into the parameters. I agree
with Gavin. Some may not agree with how HPC went and I don't think it was handled well either
but the budget was set, it was approved and was going forward, and then they came to us with the
ordinances and processes. If you talk to people in HPC and people in the City, I think it is a better
program than it was before and I think the people are actually better, happier and more productive
than what they were before. I'm hoping the same thing out of Building and of Zoning. I literally
have a junkyard going up in a residential area and I am not getting the response that I think the
City would give. As I said earlier today, I respectfully disagree with you. I understand your points.
My point is to set the budget and then we can work out the details on the rest of it. Just because a
budget is set doesn't mean it actually has to be implemented until the ordinances are put forth to
us and we can have a say in that. We can have as many Committee meetings on that as you want
to make sure it all reaches the parameters we want to see.
Councilmember Karen White stated, Looking at the issue before us as well as looking at our past
experiences with HPC, I do respect your leadership on zoning and all the work you've done, but I
don't want this one (1) issue to impact Bill No. 39-18. I think that if we, as a Council, were to pull
this out, I would like to have a timeframe, set meetings and we need to move forward and we all
need to be at the table. I think it is important that we have this. We know that a number of our
zoning issues impact the City and are from the City. We also know zoning tends to be one (1) of
the biggest areas that we have a lot of discussion about. We also have to do a lot of pulling people
together and a good example was what happened today. For me, I would like to know the dates
and times of the meetings. Council Members need to be here and do the work so we can move
forward as quickly as possible. We need to make sure that every Council Member asks their
questions and gets answers to those questions so we can continue moving forward.
Councilmember Regina Williams-Preston stated, I hear what you are saying, Karen. I think that is
really important. If we do vote that out, in my third(3`1)time going through this, I've seen already
how many times we go forward and say we are going to do this,this and this, and then we kind of
just forget. It is not intentional but so many things get forgotten about and left behind so I would
agree with Councilmember White. If we decide to do that, we also have to have timeframes
attached to that.
17
REGULAR MEETING October 8, 2018
Councilmember Tim Scott asked Councilmember Oliver Davis, If this was pulled out tonight, is it
something you could look at a scope and parameter for a separate budget item before the end of
this month? In two (2)weeks, would we have parameters to get it passed before November 2018?
Councilmember Oliver Davis replied,Personally,I thought about that. I can propose those meeting
dates immediately. I would suggest we move this item to October 22nd, 2018 as that would give us
enough time to consult with the Administration. Because one (1) of the things I think is important
is when setting a budget, and I agree that you set a budget to do all those kinds of things, but even
prior to setting the budget you have to set the vision. You have to set the vision and talk about the
vision because we may need more, we need less, and we may need all these other kinds of things.
That is why I was asking what kind of expertise we need because the way the current thing talks
about is everybody comes from different areas. Now they are all coming from the City. So what
do we have to have to have that discussion? We can put it together and it won't take long. We can
look at that. This is not something to drag out the process because, again, I've already publicly
stated that I think we need to look at this. If you come to Area Plan meetings, it's pretty much me
sitting in that third(3rd) seat over there talking,talking,talking,talking,talking.Not because I feel
like doing it some days because half the agenda is South Bend City Council. So those are the kinds
of things and I do see the need for it. But before we move it over, I would like to work it out. So I
can set up a timetable and have that ironed out in two (2) weeks. The end result would be to craft
an appropriation for this. The Administration stated they would like to start it summer 2019. We
can look if that is the best. I don't have any hard-fast issues. Sometimes I like solving things in the
same calendar year from that standpoint but outside of that, I'm cool. So, you know, I think we
need to have that discussion, set the vision, and then maybe we can even craft the ordinance by the
end of the year. I think we can set this calendar and,again, appropriate the dollars later to see what
they need from that standpoint. Let's have that discussion. If we would have had that discussion
prior to tonight, it would have been great. I was very clear from the very first(1St) meeting we had
and even prior to that, I didn't know how we were going to deal with the legal standpoint because
a lot of zoning is straight up legal.
Councilmember Gavin Ferlic stated, I think there are a lot of good points here. I would be
comfortable either way but, again, I think as long as our goal is to make this happen,I will support
this.
Councilmember Oliver Davis interrupted, That's my letter. That is what the South Bend Tribune
has. There is no changing that. Tonight's hesitation about moving forward, you all kind of saw I
was kind of hesitant even this afternoon when I walked in here.Not that I tried to stop any kind of
zoning thing but given all the things that were out here, sometimes with zoning I've learned to not
be in the fast lane but,and not too slow either,but in the moderate lane that can help us get through.
Councilmember John Voorde stated, Quite frankly,I would be ready to go tonight. I think we have
to fund it in the budget and then if it doesn't work, we talk about it. If we don't want to spend it,
we don't spend it. It still has to come back to us.
Councilmember Jo M. Broden asked, I think there is an easy timeline on this, right? I mean, we
usually do these special appropriations in March? Right? So that is plenty of time. Well, we can
do it at any time but we typically do it then. My understanding was quarter three (Q3) anyways,
right? So we can hit this in terms of an ordinance, everyone's level of comfort with it,the public's
understanding of it, all within the first(1St) quarter.
Council President Tim Scott requested input from the Administration after hearing the Council's
discussion.
James Mueller, Executive Director for the Department of Community Investment with offices on
the 14th floor of the County-City Building, South Bend, IN, stated, Good evening, Council
Members. We took to heart Councilmember Davis' point at the last Committee meeting. We
conferred with the Area Plan Commission staff about what this ordinance would mean. As we
explained at the Committee meeting two (2) weeks ago, the idea is that we look at the Zoning
Ordinance as a whole. I think we've had a pretty good process with Councilmember Davis and the
Area Plan team. We've had regular updates and a lot of communication between both the Planning
Team and the Council. So the idea is, as part of the bigger reform of the Zoning Ordinance, to get
the resources for the staff members. So there is only one(1)net new position in the budget for this.
18
REGULAR MEETING October 8, 2018
So we are looking for staffing resources at the beginning of the year even though we are not looking
to make those changes until later in the year. So the budget, really, is a request for resources to
help us move this through the process. One (1) idea was that as we are looking at this, and this is
going to be a very interactive process, the person who could be administering the new Zoning
Ordinance that we work together on, would have familiarity with it so we don't put them in a
position to fail on day one(1). We want to make sure we don't skip a beat. That was the approach.
I have taken to heart the concern of putting the budget before the ordinance, but Area Plan staff
has stated there to be no simple way of doing this.They recommend this as the obvious path.When
we do the zoning reform update, we would then switch to the Municipal Advisory Commission.
We can talk about that all through the process from now until mid-to-late next year.
Dr. Mueller continued, The timing hasn't been set, as I've said, we don't know exactly how that
process is. We are already behind because we don't have these resources we are requesting. We
are just looking for some staff resources to help us move this forward. Since the Committee
meeting two(2)weeks ago,I've been trying to think of what we can do to reach this middle ground.
Unfortunately, by the time I had realized this was an issue, I had seen your support in the paper,
we had met and if you had mentioned you wanted to do something first(1st) and before the budget,
I must have missed it and I apologize if we missed that process but by the time it was brought to
our attention two (2) weeks ago, it was too late to do an ordinance before tonight. There could be
a resolution. That is not necessary or binding but we could have done that, especially if we had a
little previous notice on that. So we are asking for staffing resources in a budget and knowing this
conversation on the Zoning Ordinance will continue and have a lot of interaction, we think a lot
of the budget is asking for staffing resources with the intention of forming our own Municipal
Advisory Commission. I feel your comments made today on the annexations, those were great
points. We have to get better at communicating but earlier this afternoon, we needed to make sure
the owners would agree to that. Hours before the vote is not the best time to be working these
issues out. Similarly, if we had learned there was a desire from Council to do either a resolution
or look at this other step, we would certainly have tried to accommodate it. We just didn't know
that was being requested of us. I still don't know how we would do this. Even if we stripped it out
of the budget today, I don't think we could look at appropriations for next year until next year.
There is that delay. And we would be back next year saying the same thing. We would need the
resources first (1st) before we can do the changes. So we would be having the same conversation
about appropriations before an ordinance change. I don't know how to solve this conundrum and
I wish we had better answers here.
Councilmember Oliver Davis interjected, Can I make suggestions on how to solve it? Thank you
for your comments there. A couple of things. When the South Bend Tribune came to the
Administration and came to me in that same night to do that article back in August 2018, you saw
my comments and it was very positive. I said those positive comments and I'm in an open meeting
and I'll just share it straight up. I like the idea in many ways but even when they asked me that, I
had not been talked to by the Administration as it had not come before the Zoning and Annexation
Committee. So I just said fine. Even that article said there would be an ordinance with it. It is all
inside of that and everything else.None of that happened. Secondly, you shared that you had met
with the team from Area Plan and your thoughts were shared, with all due respect sir,this Council
has asked me to Chair the Zoning and I am also at the Area Plan meetings and I work with that
staff What you just shared regarding the ideas and thoughts that came from Area Plan, I am
hearing them for the first(1st)time while you shared them. A lot of times in meetings I'm hearing
them for the first (1st) time in Area Plan. There was a whole big deal about these farmers and I
heard that in the meeting. What I have asked and what would be nice, and even respectful, if there
are projects going on in any one (1) of my colleague's districts, it should not hit the floor and my
colleagues find out for the first (1st) time. We need to have some time to do our due diligence to
be able to decide. That issue today, one (1) reason I was able to clear it up so quickly is I got up
since the meeting I saw it and I've been calling those folks. I had breakfast with them. I worked
on clearing a lot of that stuff up before I even got to the meeting today. So by the time I got there,
I went back and shook everybody's hand and everybody else and said what we are going to do.
Every side of it, I talked to them before I got here and did that. That is what zoning is all about. It
is going to neighbors, going to parishes and churches and imams and all of these folks to clear up
a lot of these things before they even get to the meeting. It takes a lot of time. By the time they got
19
REGULAR MEETING October 8, 2018
here it didn't take too long. Once we came up with the clear answers,they were ready to go. These
kinds of things should not be done on a Thursday afternoon when I am just getting my packet for
an Area Plan meeting or for Council, you can't do that with zoning issues. It really should be that
way for any issues.
Councilmember Oliver Davis continued, You have to go back to neighborhood organizations,you
have to go back to people and talk to everybody. All the farmers were upset with each other and
they said the City came to them. I had an idea tonight of the agreement and when we heard the
agreement, we were good. That's what I'm saying that it takes on zoning things but you have to
work with me, I have to work you, I have to work with the Mayor. We can't be at meetings and,
this City is growing. You saw the paper and we've got so much development, this is kind of a fun
discussion. This is one (1) of the first (1St) few years on Committee and Council that I can fuss
about zoning wearing me out because we have so much development coming, ok? It is a good
problem to be worn out with from development. Trust me. Ok? So know we have all that
development coming, how are we going to manage it? When you have a company and a lot of
good things coming, you can almost lose your company if you don't have a plan to manage it.
That's all I'm talking about. So the idea of us being able to appropriate dollars down the road, I
think we can do that really quickly. My thing is I was surprised the ordinance hadn't come and it
was already budget season. So by the time we got down to it, my very first (1St) question in this
whole budget thing was to Stephanie Steele. You can go back and check. I asked how are we going
to do the legal standpoint. How are we going to set it up? I had not heard anything about the
process. So that was my concern. We need to work together and I think we can. With all this
development coming here and everything else, it won't take long. Mishawaka has a model from
their standpoint and we have other models we can look at and we already have that and those kinds
of things. So the pressure that my colleagues have said to put me on a time clock,I'm very grateful
to do that publicly in front of them and work with you. We could eat, clear up all the
misconceptions and we could move forward.
Councilmember Tim Scott stated, Don't make best be the enemy of better. I think what we could
get into is why can't we set up the zoning laws we have set up for the County that are working for
the City as City? Then, we could go about the improvements and changes. We can continue with
business as usual and then once you have your allocations and everything, then we would look at
making the improvements and changes. I think trying to come up with a whole new department
and a whole new zoning and running it through this Council might be a little daunting. I think
adopting what we already have and then making changes as we go throughout the year is probably
going to be easier than what is being proposed to be done. I do have to agree with a lot of what
Oliver said. Some of the biggest issues have to deal with zoning and what we are doing. We've
had nothing but, what I feel like are,messes come through with development that include zoning.
Councilmember Gavin Ferlic asked, Is there a way to make an appropriation prior to 2019 for
2019?
Council Attorney Bob Palmer replied, I do not believe so because it would come out of the 2018
budget.
Councilmember Oliver Davis interjected, In terms of the deadline, I understand the need that the
Administration wants to start in the summertime. So if that is a viable option, we have to move
quick, ok? I understand that. If we are seeing that we need to have that delayed then we need to
have a decent reason to delay that from that standpoint. I don't know of one (1)right now, ok? So,
therefore, I recognize we have the quarterly appropriations. When I was thinking about that I was
not thinking personally as that being a part of that. It can be a part of that but I thought about this
being separate and not waiting on that.
Councilmember Gavin Ferlic stated, What I'm hearing from the Administration is that they need
the staff to help them finalize the ordinance. Would it be ok with you, Councilmember Davis, if
we looked at an early appropriation even if the ordinance wasn't complete but if we had a few
more of those discussions? Would that be something that might keep things moving forward?
Councilmember Oliver Davis replied, I'm open. I understand all that. That makes a lot of sense.
Because you have to have some seed money to roll with something anyway. I understand that, ok?
And so, therefore, seed money is a whole different ball game than having a whole program, you
20
REGULAR MEETING October 8, 2018
know?And so therefore,that is where we are. I recognize that we need to do that. We need to have
that. There should be some representative from the Zoning Committee at those meetings with
everybody. I have to still be with that anyway no matter what but we need somebody there. We
have to be kept in the loop.
Councilmember Gavin Ferlic stated, And just a final thought.
Councilmember Oliver Davis interjected, Go for it, I'm a peace.
Councilmember Gavin Ferlic followed up, Instead of taking it out entirely, if they did want to at
least start the process in 2019, maybe leave a little bit in there?
Councilmember Oliver Davis interjected, How much do you need?
Dr. Mueller stated, May I offer one (1) suggestion so as to ensure our Controller doesn't have a
heart attack trying to figure out how to move all this stuff? What if we commit to not hiring the
new position until we have a consensus from the Council? The only thing we've asked for in the
budget, in terms of this move, is this one (1) net new position. We can commit to not filling these
positions until we have a consensus from Council. At this moment, I don't want to give the
nightmare of accounting to the Controller's Office.
Councilmember Oliver Davis stated, I see some life in that. What are your thoughts?
Councilmember Sharon L.McBride stated,I know I'm new to the Council but I've been presenting
to the County Council for nine(9)years in my role so I understand a little bit about appropriations.
So, you have to appropriate and put a number in there before it can pass. I'm open for having it
and us having discussion. Part of my thing is I totally agree with everything that has been said
about the communication and us getting together. I think due diligence on our part has to take
place as well so we can have conversation before the eleventh (11th) hour to try to move things
forward. I just think we need to take some accountability in that we could have had this
conversation as well.
Councilmember John Voorde stated, I think we should accept Dr. Mueller's proposal that the
money be left in the budget as long as he and the Administration are willing to agree that it will
not be spent to hire the person he is looking for until we have an ordinance formulated with the
understanding that we want to get that done as soon as possible.
Dr. Muller stated, Even if we took the ordinance today without a new ordinance, we would want
some ramp up time for the staff. So I think we would be looking for more discussion, a resolution
or something prior to the actual ordinance so we can fill these positions and then implement the
ordinance.
Councilmember Jo M. Broden stated, So your proposal,though,would be more relative to Bill No.
51-18, right?
Councilmember Jake Teshka concurred, Correct.
Dr. Mueller replied, Well there is the budget of the salary in this bill. The position itself is in the
Salary Ordinance but the salary for all the positions for DCI are in the Salary Ordinance.
Councilmember Jo M. Broden followed up, Quarterly staff reports to Committee Chairs, I think,
takes care of all this, frankly. A status report on a quarterly basis, especially when we have these
big things coming. I think that helps. It helps bring everybody along. The cards are out,the benefit
can be there. You can still go full-boar forward but there is that opportunity. How we handle the
budget process could be afforded to zoning issues. I know I have benefitted from reports from
Police and Fire. Those have been phenomenal. Those types of touch points I think can help avoid
a lot of this.We are part-time,you are full-time.We have to bridge the gap somehow and someway.
It is not adverse but is the tool most of us need being in the positions we are.
Councilmember Oliver Davis asked Council Attorney Bob Palmer,The rate increase is not in this,
correct?
Council Attorney Bob Palmer replied, That is correct.
21
REGULAR MEETING October 8, 2018
Councilmember Oliver Davis followed up, And so voting on this budget will not say that we are
in support of the rate increases?
Council Attorney Bob Palmer replied, That is correct.
Councilmember Oliver Davis then asked, Will any of our budgets for 2019 cover that at all? Or is
that completely out of any budget items?
Council Attorney Bob Palmer replied,Nothing in the budget, as it exists, covers those increases.
Councilmember Oliver Davis replied, I'm at peace then.
Ms. Hockenhull stated, There is a separate Fund set aside. It is called the Storm Sewer Fund. So it
is not saying it is increasing the water rate,it is simply a stand-alone Fund.As long as the ordinance
passes and it goes through the public process then that Fund stands as is. If it doesn't then that
Fund is just there but no monies will be there. There are anticipated revenues and expenditures in
that Fund, however, they will not be spent if the ordinance isn't passed.
Councilmember Jake Teshka stated, The budget creates the Fund.
Councilmember Oliver Davis stated, So there is money there but there is no money there because
if you can't spend the money then there is no money.
Ms. Hockenhull replied, That is correct.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 39-18 subject to the
Administration's commitment to not filling the Zoning Administrator and Zoning Specialist
positions until there is a consensus resolution from the Council to do so. Councilmember Jo M.
Broden seconded this motion.
Councilmember Regina Williams-Preston asked, So this is the whole Salary Ordinance?
Council President Tim Scott replied,No. •
Councilmember Regina Williams-Preston stated, When do I talk about what I want to talk about?
It is regarding the new position in Code Enforcement.
Council President Tim Scott replied, You are good right now. I will make sure you have a chance
to speak to that matter.
Bill No. 39-18 was adopted by a roll call vote of nine (9) ayes.
40-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROPRIATING
MONIES FOR THE PURPOSE OF DEFRAYING
THE EXPENSES OF THE DESIGNATED
ENTERPRISE FUNDS OF THE CITY OF SOUTH
BEND, INDIANA, FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 2019 AND ENDING
DECEMBER 31, 2019 INCLUDING ALL
OUTSTANDING CLAIMS, AND
OBLIGATIONS, AND FIXING A TIME WHEN
THE SAME SHALL TAKE EFFECT. (COUNCIL
PORTION ONLY)
Jen Hockenhull, City Controller for the City of South Bend with offices located on the 12th floor
of the County-City Building, South Bend, IN, stated, This is simply voting on the Enterprise
Funds, which are the business-type activity Funds such as water, waste water and those kinds of
things.
Council President Tim Scott then opened the floor to Council Members for discussion.
Councilmember Oliver Davis stated,Again,this is on the waste water issue. This is not raising the
rates of anybody's water rates, correct?
22
REGULAR MEETING October 8, 2018
Ms. Hockenhull replied,No, that would only be through an ordinance.
Councilmember Jo M. Broden stated, So with regard to the Storm Water Fund or the prospective
Storm Water Fund, we had a 2018 flood update on March 27th, 2018. That was shortly after those
four(4) areas were hit. Just to recall, over a three(3)year period there have been 1,758 calls to the
Sewer Department regarding water and sewage in basements. That was City-wide. We're all the
beneficiaries of a lovely red-dotted map that would indicate that and would like that entered into
the record tonight, if I might (available in the City Clerk's Office). The importance of this Fund
being established is to make some headway on this. I guess I also want to acknowledge, in my
comments, that at the time we discussed this in Committee and then have an opportunity to circle
back on it, our Storm Water needs, and I'm guessing this is just the tip of the iceberg, but when
push comes to shove, there are $2.9 million of Storm Water needs. That is taking this picture that
was shared with us in March, then all the price tags come into us in terms of damage,but the $1.2
million this Fund is trying to establish with the flat fee for residents is only hitting half of our
needs. We have had legacy flooding issues across our City. So while nobody wants to add more
fees to residents, residents have already been paying for this and have historically been paying for
this. I commend the Department for proposing this fee because,to me, it is deferred maintenance.
These are long time unfunded things and we have had to steal from other areas of the City budget
to try and address these issues. Not specific to the four (4) areas hit hardest, it is City-wide. This
affects us all. My last point relative to this is when we met in Committee, there was a top ten(10)
list of projects and I guess I would like to, similar to some of the discussion on the last bill, get
additional information on how those are the top ten(10). I would like an understanding of how we
are trying to equitably spread around the resources this Fund would generate. I would be eager to
sit in those discussions as I am the district representative of a district that got hit both in 2016 and
then again in 2018. I would appreciate being a part of the conversations about the use of this Fund
to help with not only legacy issues but more specifically the recommendations in the Lawson
Fischer report.None of those recommendations are here in this prospective list so I have concerns
about that. So, going forward, I would like to address that more and in a more targeted way. I'm
not arguing for my district. I think the Fund is a great idea. The level, as I said only half, is the tip
of the iceberg anyway. Enough said.
Councilmember Sharon L. McBride stated, My discussion I had with the Administration leads me
to believe that funding is definitely needed for the service. However, my district is split. I have,
probably half, in poverty and the other half is affluent. Until we have a contingency plan in place
when we talk about square footage or income and how we determine how to pay, because while
twenty-four dollars($24)may not be a lot for myself or a reasonable person that is over the median
income, it is a hardship on some of the people in my district.Not only is the proposal, but we had
utilities go up too. In dealing with the population I deal with, it is a hardship. While we all should
be accountable and it is a City-wide need, I also think there should be a plan in place. Whether it
is a tiered approach or a delayed approach, it is definitely necessary but we have to look at the
overall picture.
Councilmember Jake Teshka stated, I would like to thank Councilmember Karen White for your
leadership throughout this whole process. Being new, it is a lot to take in. Thank you Jen,too. I've
always gotten answers when I needed them from Dr. Mueller, Jitin and Mr. Perri. So I thank the
Administration for that. It has been a learning experience and I look forward to, I know we talked
earlier about it,doing more of a quarterly budget update.I look forward to being part of that process
this next year. I do think there are areas where this budget falls short but, as was said earlier, let's
not make perfect be the enemy of the good. When we look at the City survey commissioned and
the results yielded earlier in the year, sixty-nine percent(69%) of our residents said that our roads
and sidewalks were their number one(1)priority with only nineteen percent(19%)being satisfied.
I would like to see some more funding for those things in the 2019 budget. We also have to start
looking at our aging infrastructure that we need to be concerned with. As a Council and a City,our
tasks are primarily public safety and infrastructure. I think in the next year and in the coming years
we are going to have to do a lot more hard budget decisions. I don't want to be a hurdle, I want to
be a part of that process so I look forward to engaging all of you. Thank you.
Councilmember Jo M. Broden stated, I really do recognize and appreciate the consideration of the
hardship. We do that with some of our other utilities and fees so thank you for bringing up that
23
REGULAR MEETING October 8, 2018
point. I think we can get to a place where,to me,this is an insurance program in some regards. We
pay for it now or we pay for it later. As I said, this is City-wide so to me, it is insurance and is
inexpensive insurance.
Councilmember Oliver Davis stated, I think when we look at these kinds of storms, then we can
officially get back to this part but there are several of us that are on bordered districts. I call a
boarded district where you have a situation that is right next to the County. Where we have
Chippewa issues where we would have that big flood right on Chippewa, the problem that comes
up is whether it is County or City. It can get held up on issues like that. I think we have to set up
some sort of agreement, especially on those kinds of issues that we have a better understanding of
how to utilize that and all the money doesn't have to come out of the City. I'm ready to move
forward.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 40-18. Councilmember Jo M.
Broden seconded this motion which carried by a roll call vote of nine (9) ayes.
41-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROPRIATING,
ADOPTING AND APPROVING THE SOUTH
BEND PUBLIC TRANSPORTATION
CORPORATION'S 2019 BUDGET AND
LEVYING THE TAX AND FIXING THE RATE
OF THE TAXATION FOR THE PURPOSE OF
RAISING REVENUE TO FUND THE SOUTH
BEND PUBLIC TRANSPORTATION
CORPORATION, SOUTH BEND, INDIANA,
FOR THE FISCAL YEAR ENDING DECEMBER
31, 2019 (COUNCIL PORTION ONLY)
Councilmember Karen White made a motion to adopt Bill No. 41-18. Councilmember Gavin Ferlic
seconded this motion which carried by a roll call vote of nine (9) ayes.
45-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE
ANNUAL SALARY FOR THE MAYOR FOR
CALENDAR YEAR 2019
Councilmember Oliver Davis made a motion to adopt Bill No. 45-18.Councilmember Karen White
seconded this motion which carried by a roll call vote of nine (9) ayes.
46-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE
ANNUAL SALARY FOR THE COMMON
COUNCIL MEMBERS FOR CALENDAR YEAR
2019
Councilmember Oliver Davis made a motion to adopt Bill No. 46-18.Councilmember Karen White
seconded this motion which carried by a roll call vote of eight (8) ayes and one (1) nay
(Councilmember Tim Scott).
47-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE
ANNUAL SALARY FOR THE SOUTH BEND
CITY CLERK FOR CALENDAR YEAR 2019
Councilmember Oliver Davis made a motion to adopt Bill No. 47-18. Councilmember Karen White
seconded this motion which carried by a roll call vote of nine (9) ayes.
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REGULAR MEETING October 8, 2018
48-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA FIXING MAXIMUM
WAGES OF TEAMSTER EMPLOYEES FOR
CALENDAR YEARS 2017-2020
Councilmember Oliver Davis made a motion to adopt Bill No. 48-18.Councilmember Karen White
seconded this motion which carried by a roll call vote of nine (9) ayes.
49-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RE-AFFIRMING
ORDINANCE NO. 10472-16 AND FIXING THE
ANNUAL PAY AND MONETARY FRINGE
BENEFITS OF SWORN MEMBERS OF THE
SOUTH BEND POLICE DEPARTMENT FOR
CALENDAR YEAR 2019
Councilmember Gavin Ferlic made a motion to adopt Bill No. 49-18. Councilmember Karen White
seconded this motion which carried by a roll call vote of nine (9) ayes.
50-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, RE-AFFIRMING
ORDINANCE NO. 10549-17 AND FIXING THE
ANNUAL PAY AND MONETARY FRINGE
BENEFITS OF SWORN MEMBERS OF THE
SOUTH BEND FIRE DEPARTMENT FOR
CALENDAR YEAR 2019
Councilmember Oliver Davis made a motion to adopt Bill No. 50-18.Councilmember John Voorde
seconded this motion which carried by a roll call vote of nine (9) ayes.
51-18 THIRD READING ON AN ORDINANCE FIXING
MAXIMUM SALARIES AND WAGES OF
APPOINTED OFFICERS AND NON-
BARGAINING EMPLOYEES OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE
CALENDAR YEAR 2019
Council President Tim Scott opened the floor to discussion from Council Members.
Councilmember Regina Williams-Preston stated, At the budget hearing for Code Enforcement,
one (1) of the things they talked about was adding a new position for someone who would focus
on collections to specifically streamline a process for special assessments. At that time I expressed
concern about how special assessments have impacted residents in my district. Councilmember
White recommended for me to take some time to meet outside of the process and talk with Code
Enforcement to better understand what they were thinking. We had that meeting and
Councilmember White asked us to bring that back to the full Council. We will have a Committee
Meeting tomorrow night at 6:00 p.m. at WUBS where we will be talking about this more in depth.
But just an overview for the record, here, one (1) of the things we will talk about is the racial
wealth divide report and the results that came out of that. We have recognized that people of color
have disproportionately lower incomes and hold less property and assets than white folks. We
know that among other things there are a lot of contributing factors to that but one(1)of the things
that we are concerned about was how City government processes,policies and practices influence
those different outcomes. We've been working on that as a City and have been doing a really great
job but, as this came to the Council with regard to special assessments,we wanted to do a deeper
dive into this particular issue. We already have some data that suggests the burden of fines and
fees fall disproportionately on people of color and poor people. So what we will be talking about
is how we can work together to create innovative solutions to how we move forward. I know Tim
has some ideas on that but by talking to community members, there have been some
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REGULAR MEETING October 8, 2018
recommendations to what that position can do including the collection of demographic data on
these assessments. We also want a moratorium on special assessments for the year just to make
sure we collect and analyze that data. Before we add any more special assessments, we need to
analyze the extent of which citations may be falling disproportionately on communities of color.
Next year we will be implementing these ideas as well so I really think we will see a decrease in
those issues but rather than moving forward without really knowing, we wanted to suggest these
things. I just wanted to put this out there. I am in support of moving forward with that position and
I hope we can work together to help implement some of those ideas.
Councilmember Gavin Ferlic made a motion to accept the Substitute version of Bill No. 51-18
Councilmember Jake Teshka seconded this motion which carried by a voice vote of nine (9) ayes.
Councilmember Oliver Davis stated, I am in agreement tonight to support 51-18, however, my
concern goes back to several years ago when we started talking about giving everyone two percent
(2%) raises. A person making $20,000 gets a two percent (2%) raise, that's what, four hundred
dollars ($400)? But if a person is making $100,000 gets two percent(2%)that is $2,000. I just did
a presentation the other week for my class and thought that it is equity but it is not equal. I think
several years ago we talked about that. We have to come up with some better way to set that up.
We need to be not just equitable but equal with that issue because the higher range of employees
are rewarded at a higher rate and the lower ones are rewarded at a lower rate,just by the mere
nature of the math. There is nothing against the Administration or this Council but we have to
come up with something. I know Dr. Varner brought that up and the longer I stay on this Council
and the more I read about that, the more that kind of starts getting to me in the sense that we need
to see what the best practices are.
Councilmember Oliver Davis continued,I was reading an article last week and it was talking about
the new generation is coming in and how we have to have more of a cafeteria reward system. I
thought it was a really interesting article. We still need to give the two percent(2%)but for people,
especially on the lower end, we could offer some other kind of benefit or something else to add to
that, you know? I think we could come out of the box and be very creative in looking at that. I
don't know if it's extra time, or more comp time or something. This is a way of saying thank you,
especially for good work. A lot of people have been working for the City for twenty (20) or thirty
(30) years. It is a good job to have with good benefits and we have to come up with ways to keep
our staff here and keep them from falling apart. In a few years, the more I've been on this thing,
the higher ones keep going boom, boom,boom. We give certain salaries and we bump up some of
the salaries but it helps not only create morale for those but also creates and encourages morale for
the government. The whole concept is to promote that whole equity kind of thing and I think as
we plan for next year's budget I really want those in the Administration to think about that cafeteria
kind of way to reward people. If we can't just do the two or three percent (2% - 3%) thing, what
other ways could we help? Especially with these non-bargaining ones. The bargaining ones, of
course,is a whole different ball game. I've been on those Teamsters and other things,I've been on
Fire, Police and everything, and even there we could think about something. But especially these
non-bargaining ones, they have no body to speak for them so really this Council and this
Administration has to be the ones to speak for them because they can't come and do the same thing
Teamsters, Fire and Police do. They have key roles in this community and often times they are the
lowest paid. I think we have to have that cafeteria mindset open when it comes to setting salaries.
Councilmember Karen White stated, I am in agreement with that. What we are talking about is,
really,salary compression.The longer you stay,based on the income level in which you were hired
at,the two percent(2%) will not keep up with newly hired salary individuals. The gap tends to get
wider and wider. Unless we have a pool of dollars that we can put aside to really address some of
the levels of the salaries that will also impact the general budget because once you put the money
on those positions, you have to put it in the budget. I'm in agreement that we need to look at that
because it is critical. We need to also look at different ways of incentives but until we deal with
that gap, it will get wider and wider.
Councilmember Jake Teshka stated, I will just echo that. I will channel my inner Dr. Varner and
say that, for easy math, maybe we do a three-two-one (3-2-1) thing. Maybe if you make under
$40,000 it's three percent(3%),if you're $40,000 to $80,000 it's two percent(2%) and then above
$80,000 it is one percent (1%). I would say that is with Council excluded. That would be my
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REGULAR MEETING October 8, 2018
suggestion moving forward but what I really wanted to say is that while I appreciate my colleagues
and their trust that my wife's employment with the City would not affect my opinions on this, I
am going to recuse myself on this vote.
Councilmember Jo M. Broden stated, I just want to comment, it seems we are back in the same
position we were last year when we were considering this ordinance in that we had voiced these
concerns about the compression but we are at a place that is nowhere different. So if our concern
is high and it goes back multiple years, how can we move this in a direction, if we all feel it is
strongly needed, where we get a different proposal?
Councilmember Tim Scott asked, Councilmember White,you did send out an email in early spring
that did ask to look at the parameters and to give any input on doing the salaries differently. I
believe you didn't receive any comments from Council. So if it is truly what we want to do, then
we have to take that ball and run with it. We are not in the eleventh(11th)hour,we are in the tenth
(10th) hour. I'm fine with having those discussions. If we want to do, let's do it. It's up to us to do
that.
Councilmember Jo M. Broden interjected, I disagree. When this is an issue two (2)years in a row,
yeah we should comment, hit us over the head, but, let's be purposeful. Let's meet. It has been a
priority. We have articulated it in the past and we are here again doing the same thing. I will
respond to a proposal that gets us somewhere differently in the future. If it is a priority then let's
calendar it and let's get it done in the context of our Personnel and Finance Committee. We can
help drive that discussion and invite those proposals.
Councilmember Oliver Davis stated, I don't mind leading out a resolution to start that and the
contents of that resolution,I will work with our attorney and everyone else. But I will tell you what
the contents will be, I think we need to go back to those notes and start from there. Let's take those
notes. I will put that on my list of things to do and for those who would like to work with me on
that, we will send it over to Personnel and Finance and we'll roll. I'm good with that this year.
Councilmember Gavin Ferlic made a motion to adopt Substitute Bill No. 51-18. Councilmember
Oliver Davis seconded this motion which carried by a roll call vote of eight (8) ayes
(Councilmember Jake Teshka recused himself from the vote).
Councilmember Karen White stated, I will put in writing a summary of the budget process but I
first (1St) want to acknowledge every individual from the Administration, Jennifer, the Council
Members, the City Clerk's Office and our Attorney for all the hard work to ensure we go to this
point. As it was stated earlier on, the budget is an ongoing process and as we continue to discuss,
debate and make adjustments,the end result will be that we have a stronger budget. So I appreciate
each and every one of you. Secondly, if you have any feedback, concerns or recommendations,
please get those to me. That will be part of the final report I will be submitting to the Council as
well as share with the Administration. I would like to acknowledge our citizens. Not all are here
but some have been with us from day one (1). I appreciate their questions and their love for the
budget process and their level of making sure that we have members from the public as part of the
public hearing process. Again, my goal is to try to expand the level of citizen engagement and
education. As we begin to look at public process, that is why they call it public. I know Sue isn't
here, I don't see Jim Bognar, I know that we've had Jesse and Sharon Banicki and maybe one (1)
or two (2) others. I think we have to recognize their commitment to being here and for staying the
course. I wish them well and some of them have indicated that they thought we weren't listening,
but we were. If you look at this budget, you will see that we did respond and again, the goal is to
make it better.
BILLS ON FIRST READING
BILL NO.
54-18 FIRST READING ON AN ORDINANCE TO
VACATE THE FOLLOWING DESCRIBED
PROPERTY: ALLEY 14' IN WIDTH RUNNING
132' FROM W OR S RIGHT OF WAY OF W.
MADISON STREET TO NW/SE ALLEY
27
REGULAR MEETING October 8, 2018
RUNNING BETWEEN N TAYLOR AND N.
WILLIAMS STREETS.
Councilmember John Voorde made a motion to send Bill No. 54-18 to the Public Works and
Property Vacation Committee for their October 22nd,2018 meeting for Second Reading and Public
Hearing. Councilmember Karen White seconded the motion which carried by a voice vote of nine
(9) ayes.
55-18 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMMENDING CHAPTER 14
OF THE SOUTH BEND MUNICIPAL CODE BY
THE INCLUSION OF NEW ARTICLE 14
ENTITLED SPECIAL EVENT ON PUBLIC
PROPERTY REGULATIONS
Councilmember Gavin Ferlic made a motion to send Bill No. 55-18 to the Public Works and
Property Vacation Committee for their October 22nd,2018 meeting for Second Reading and Public
Hearing. Councilmember Jake Teshka seconded the motion which carried by a voice vote of nine
(9) ayes.
UNFINISHED BUSINESS
Council President Tim Scott stated, I want to thank everybody for tonight. I want to thank
everybody for the discussion. This probably was the best budget I've seen in seven(7) years being
on Council. I want to thank everybody for the decorum in the discussion, looking at other people's
points of view and positive feedback and willingness to make adjustments, collaborate and
compromise.
NEW BUSINESS
Councilmember Jake Teshka announced, This coming Tuesday, October 16th I will be holding a
meeting with some representatives from the South Bend Police Department including Chief
Ruszkowski at Living Stones Church to address some neighborhood concerns. If you live in the
fifth (5th) district, be sure to make it. Living Stones Church is located at 718 East Donmoyer
Avenue and it is at 6:00 p.m.
Councilmember Regina Williams-Preston announced, As a quick reminder, the Community
Relations Committee meeting is tomorrow night at 6:00 p.m. at WUBS. The address is 702
Lincolnway West and that is to discuss development without displacement and what the City is
doing to make sure we are developing the way we plan to as a City.
Councilmember Karen White announced, This Friday, we will have the Red Ribbon March
Against Violence. It will start at 9:30 a.m. at the Colfax Cultural Center. Then this upcoming
Saturday we have Mama's Against Violence and that will be held at Navarre Middle School.
Councilmember Tim Scott announced, I did an interview tonight on ABC57 about the shootings
and some of the gun violence that has happened in the first(1St) district. One (1)thing that was not
reported was at 5:03 a.m.on Saturday morning,on Forest Avenue less than a block from my house,
ten (10) rounds of AK-47 went off and that woke everybody up. One (1) thing I did say is it's
about free-will. It is about helping people manage their anger and try to redirect that. I offered up
all the Council Members that if someone needs help, reach out to them. Reach out to whoever,
clergy, relatives, or friends, we all have free will and we all make choices and we want to help
those that feel gun violence is the right choice and consider that the wrong choice. Also, if you
want to give up a gun, call me. We'll turn it in. There have been three (3) unrelated shootings by
Frank's Place, and actually four (4) now with the one (1) on Saturday. We have to do something
about that. More of that will come.
Councilmember Oliver Davis asked, Does anybody have a date on the dog park? If you can get
something to me by Wednesday that would be cool.
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REGULAR MEETING October 8, 2018
Councilmember John Voorde stated, I would like to thank our Council Attorney.
Councilmember Sharon L. McBride stated,I did buy my brick at the Charles Black Center because
I was born and raised on that side of town. You should buy one (1).
Councilmember Jo M. Broden announced, The Regional Planning Council Meeting to follow up
on the Inter-Agency Director of Homeless Services request, there are fifteen (15) organizations
and thirty(30)supporting signatures to look at that.We had spoken about that earlier.That meeting
is this Thursday at 11:30 a.m. and that will be held at the Center for the Homeless on the third(3`d)
flood. That is an open meeting.
Councilmember Oliver Davis stated, Just for the record, and he is not here tonight and probably
running in a race but I did represent the Council at Mr. Robert F. Goodchild's stones. Thank you,
Mr. Perri. Thank you. You know why I'm saying it like that. Hello,thank you. We got that. He is
extremely excited and I spoke on behalf of us and glad to have helped out. It was a nice event and
it turned out really nice except he had Green Bay Packer cake.
PRIVILEGE OF THE FLOOR
Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, I want to start off by thanking
Ms.Preston.The bus tour that was in your district,because of that,I was able to talk to a gentleman
named John Martinez from the Park's Department and there was a tree that needed to be taken
down for three (3) years. One (1) of the houses by the tree had a garage and a lot of the tree was
hanging over it. When we took that tour, Mr. Martinez came over to the house and marked that
tree would be a danger and he took it down. We need more bus tours to go through our
neighborhoods to see what our citizens need. I want to thank you for doing that. Frank's Place,
that is a simple solution. They have to get licensed and professional security in that parking lot and
inside the building. It has to be done. We have to make it safe. I know what I would do. Trust me.
ADJOURNMENT
There being no further business to come before the Council, President Tim Scott adjourned the
meeting at 9:58 p.m.
29