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HomeMy WebLinkAbout10-22-18 Zoning and Annexation a. SCS 1 g��� .-1 �`` w 'x.i_, PEACE �a Z. Y'''-'\ __ x .a % '.411111101)0 1865 OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITE' CLERK ZONING&ANNEXATION OCTOBER 22, 2018 4:48 P.M. Committee Members Present: Oliver Davis, John Voorde, Gavin Ferlic, Jo M. Broden, Nanci Yokom(citizen member) Committee Members Absent: None Other Council Present: Regina Williams-Preston, Karen White, Jake Teshka, Tim Scott, Sharon L. McBride Other Council Absent: None Others Present: Bianca Tirado, Graham Sparks, Bob Palmer Presenters: Angela Smith, Mike Danch, Tim Corcoran, Pam Meyer, James Mueller, David Vanderveen Agenda: Bill No. 18-55- 1715 S. Dale Ave and 1717 S. Dale Ave Bill No. 18-56- 340 E. Colfax Ave Bill No. 53-18- 121 E. Tutt Street Special Exception- Rezoning Committee Chair Oliver Davis called to order the Zoning and Annexation Committee meeting at 4:48 p.m. He introduced members of the Committee and proceeded to the give the floor to the presenters. Bill No. 18-55- 1715 S. Dale Ave and 1717 S. Dale Ave Angela Smith, Deputy Director of the Area Plan Commission with offices located on the 11 to floor of the County-City Building, stated, This is for a special exception use for a Two (2)-Family dwelling on 1715 and 1717 South Dale. Currently, they are two (2) lots and they would like to build over the lot line which constitutes a special exception. This comes to you from the Area Board of Zoning Appeals (ABZA) with a favorable recommendation. There was nobody at the hearing to speak in favor of or in opposition to this legislation. Committee Chair Davis opened the floor to questions or comments from Committee and Council Members for the presenter. Committeemember Jo M. Broden asked, Where is the driveway on this site plan? INTEGRITYI SERVICE1 ACCESSIBILITY JENNIFER M.COFFMAN BIANCA L.TIRADo JOSEPH K MOLNAR CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.9221 I f 574.235.9173 I www.southbendin.gov 40 CITY OF SOUTH BEND OFFICE OF THE CLERK Ms. Smith replied, They actually won't be having a driveway. Under the new ordinance, they are allowed to count their on-street parking toward their one(1)per dwelling unit parking calculation. The original site plan included a garage with an enclosed driveway and we informed them that under our ordinance, that is not allowed to have access from the alley. When they re-ran their numbers, it was more economical to use the on-street parking than to build a separate garage for that. Committeemember Broden followed up, So in the application on A,where it says, `...would allow a full-sized vehicle to park in the driveway,' what does that mean? Ms. Smith replied,That was their original petition. They amended it to the new site plan that came in afterwards. Committeemember Broden then asked, A fence in the backyard could help? Is that intended? Is that on the site plan? Ms. Smith replied, It is not on the site plan. It would just have to be through ordinance. Committeemember Broden stated, They were both still in the petition and I wondered why, still. Ms. Smith replied, It is not uncommon for them to change the site plan after they turn things in to us. The petitioner was not present at this time. Committee Chair Davis then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. There were none. He then turned the floor back to the Committee for further comment or main motion. Committeemember Gavin Ferlic made a motion to send Bill No. 18-55 to the full Council with no recommendation, due to the petitioner's absence. Committeemember John Voorde seconded this motion which carried by a voice vote of five(5) ayes. Committeemember Broden asked, Just a clarification, is it required the petitioner be here? I know what our past practice has been but is it required? Bob Palmer, Council Attorney with offices located on the 4th floor of the County-City Building, replied, It is not legally required. It has been the practice of the Council so that the petitioner can answer any questions that the Council may ask. Committee Chair Davis stated, Typically, if they are not here, we have postponed it until the next meeting or try to reach out to them and have them come. Committeemember Broden interjected, I guess this is pretty straightforward, in my opinion, since I was the only one (1) who asked questions. They have done their homework with regard to our current ordinance and our need. They actually have had a hearing before the ABZA and I don't want to put an unnecessary burden on a small developer in our community. I would actually EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 1227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221!f574.235.9173 TTD 574.235.5567 www.southbendin.gov 2 CITY OF SOUTH BEND OFFICE OF THE CLERK contend that we don't need the petitioner here if the staff is here and the record that has been presented here before us is sufficient for Council's consideration. Councilmember Karen White stated, It has been a practice and so we have to be consistent. We would be changing the practice anytime we don't follow it. I recommend to have discussion about that but we've always asked the petitioner to come back, regardless of the scope of the project. If the Council and Committee would like to look at handling it differently, I would ask you please move ahead with those discussions but I don't want change practice just for this one (1). I think we need to be very careful. Councilmember Tim Scott stated, I differ to the senior Council Members. I was taught, when I got on Council, that it was tradition because if you are serious about your investment and what you are going to do, this is part of the process in being here. We've always asked Area Plan and their staff to reach out to the petitioner. And to me, that starts down a slippery slope. When would we decide who does and doesn't need to be here? And who knows what questions might come up? I like the fact that it is a serious investment, no matter what size it is, that they should be here. We get people in and out pretty quickly with this Council. Bill No. 18-56- 340 E. Colfax Ave Ms. Smith stated, We have a petitioner here for this one (1). Before you is for the hydroelectric dam underneath Seitz Park. Because it is a utility,it is listed in the ordinance as a special exception use and that is what they are seeking here today. We had nobody at the ABZA hearing to speak in opposition. It comes to you with a favorable recommendation and I would be happy to answer any questions. Committee Chair Davis opened the floor to questions or comments from Committee and Council Members for the presenter. There were none. He then gave the floor to the petitioner. Mike Danch, Danch, Harrier&Associates with offices located at 1643 Commerce Drive, stated, I am here representing the City and also The University of Notre Dame. As Angela said, this is for the hydroelectric dam being put underneath Seitz Park. Per the ordinance,we actually have to have a special exception approved for this even though it is for the University and supplying somewhere between eight and ten percent(8%- 10%) of the power. It is about one point eight megawatts (1.8 MW) of power. They already have approvals from IDEM and the DNR. They will also have to submit a final site plan to City Engineering and to the Building Department before they can actually pull the trigger for this. No one showed up at the ABZA meeting to speak in opposition to this. We ask for your approval. Committee Chair Davis opened the floor to questions or comments from Committee and Council Members for the petitioner. Committeemember Ferlic asked, What percentage of the total energy did you say? Mr. Danch replied, They said eight to ten percent (8% - 10%). Once this goes in, the whole point is they intend to build power lines from this particular site up to the campus. As part of the lease agreement with the Park's Department, they are also giving the Park's Department$1 million for the improvements to Seitz Park. EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT 455 County-City Building 1227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov 3 •CITY OF SOUTH BEND OFFICE OF THE CLERK Councilmember Jake Teshka asked, Could you restate that? Mr. Danch stated, The University will be giving the Park's Department $1 million for improvements to Seitz Park as part of this agreement. Councilmember Teshka followed up, And that has changed from the original, right? Mr. Danch replied, No, that is what I was told. Councilmember Teshka stated, Somewhere someone had said that costs have gone up on this project? Mr. Danch asked, For the park improvements or the hydroelectric damn? Councilmember Teshka stated, Right, so it's not your part. It's the other part of the project. Mr. Danch stated, Yeah, this will be expensive no matter what. I'm sure it is several millions of dollars. Committeemember Nanci Yokom asked, With DNR, did they do an environmental impact study? Mr. Danch replied,That is required as part of the permitting process, so yes,they check everything along with IDEM. Committeemember Broden asked, The restroom facility that is proposed on one(1) of the two (2) building sites, will that be open? What are the hours, what is the schedule and how big is that? Mr. Danch replied,That is part of the park improvements. So what we had done,just so you know, when we went through the ABZA, we were trying to get both the variances for both this and the Park's Department. That has not been finalized yet but that is a Park's Department question. I'm assuming that will be open right after the improvements are put in.The reason we had to go through the variances to get this location was because of where the building is. That is not actually part of the hydroelectric facility. That will be part of the park improvements. Committeemember Broden then asked, So can we get some clarification on that from Park's Department, relative to the use of that restroom space? If my memory serves me correctly, with regard to the boathouse, there was a facility incorporated into that and then after the fact, there were questions about accessibility and use by the public and, quite frankly, safety. So I guess I would like some clarification on that. Tim Corcoran, Director of Planning for the Department of Community Investment with offices located on the 14th floor of the County-City Building, stated, While I'm working as part of the overall project, the bathroom amenities are slated to be put in. I don't know the exact timeframe but usually the Park's Department has set times when the park is open and closed and they will be available during those times. This is just for the turbines. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 1227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.92211f 574.235.9173 TTD574.235.5567 www.southbendin.gov 4 CITY OF SOUTH BEND OFFICE OF THE CLERK Committeemember Broden stated, I get that. I guess I want to make sure they meet all the similar requirements of accessible use. Mr. Corcoran replied, They will be accessible. They are fully accessible. Committeemember Broden interjected, Hour-wise but also, obviously, ADA. Mr. Corcoran replied, They are ADA accessible. I think the Park closes at 11:00 p.m. if I recall the signage. I might be wrong on that but I'm assuming the bathrooms would close the same time the parks close. Committeemember Broden then stated, I guess I just want to make sure that we are reliant on that information because I know, in terms of public feedback, that was a strong need all up and down the river way.Even relative to the dog parks,there are no public facilities yet we have public space. I just want to make sure that is hammered out similar to our use of other parks and that is not an assumption and that it is actually important to include going forward. Mr. Danch stated, This may come back before you, also,just so you know. Committee Chair Davis asked, Do you know when that would happen? Mr. Danch replied, Probably within the next few months or so. They are also working on an agreement with Stevenson's Mill and the apartment building that is there for parking. Everything is kind of in flux right now for those particular agreements. Committeemember Broden stated, This site plan actually kicks the parking for Stevenson Mill further away from the building. Mr. Danch interjected, No, actually it keeps it in the same place. There are parking spaces right off the west side of the building and those will remain there. They may actually add some additional space down on the southwest corner of that building. Committeemember Broden stated, Ok, good. Thank you. Committee Chair Davis then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. There were none. He then turned the floor back to the Committee for further comment or main motion. Committeemember Ferlic made a motion to send Bill No. 18-56 to the full Council with a favorable recommendation Committeemember Voorde seconded this motion which carried by a voice vote of five(5) ayes. Bill No. 53-18- 121 E. Tutt Street Special Exception- Rezoning Ms. Smith stated,This is a combined public hearing that includes the rezoning to the MU, Mixed- Use District and a special exception for a group residence. This comes from the fact that current zone LI, Light-Industrial District, does not allow for the group residence use which is being requested of the site for the temporary Weather Amnesty program. We currently have a mix of EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov 5 •CITYOFSOUTHBEND OFFICE OF THE CLERK both Mixed-Use and Light-Industrial in this area which is why the suggestion and recommendation to go to MU, Mixed-Use District is consistent with the Comprehensive Plan and the surrounding area. There is some Light-Industrial across the street and one (1) little element of GB, General- Business. It is an vacant warehouse which is proposed to be used for the Weather Amnesty Program. The site plan shows improvements to the landscaping which would have to be installed prior to final occupancy of the building. This comes to you from the Area Plan Commission with a favorable recommendation. There was one(1)person that spoke in favor and three(3)that spoke in opposition with concerns about increased traffic in terms of the homeless individuals and the safety and crime issues that are associated with that. Committee Chair Davis opened the floor to questions or comments from Committee and Council Members for the presenter. Committeemember Broden asked, With regard to the landscaping, my overall understanding is that this is temporary, although no rezoning's are ever considered temporary. My understanding, by way of the petition and whatever conversations that have been had, otherwise as indicated by some of the stuff in the packet that there is an intent or interest to return this to a different zoning. So this is before the Council in a way to consider this a temporary use to meet the Amnesty needs. Having said that,if that is correct in my understanding,can we,as a Council, eliminate the required addition of landscaping? It seems to me to be an additional hoop and cost for the development of this as a temporary use. Is that an option for the Council to not have that required landscaping to be in place? Ms. Smith replied, No, if they wanted relief from that, the Area Board of Zoning Appeals is the only entity that has the authority to grant that relief. In this instance, the reality of the situation is, you have a planting season to put in the landscaping. So,by the time they would even get to a point where they would need to put in the landscaping, the need of the use would not be there anymore. However, future development of the site either under the MU, Mixed-Use District or after they rezone it back to LI, Light-Industrial District, they will have to install any landscaping required at that time before they can occupy the site. So the reality of the situation is, for this particular temporary use, by the time they would be required to install it, the use would be over. In my understanding, we will be back before you to rezone it back to Light-Industrial. Although, this is perfectly suitable for a Mixed-Use type of building as well. Committee Chair Davis asked, It will come back to us at the end of April or early May? Ms. Smith replied, Whenever the property owner decides to rezone it back. I believe the City has an agreement with them to do that at the end of this Amnesty thing. But again, they can chose to leave it as MU, Mixed-Use as they might find a user that fits within that category and that is perfectly suitable to go in there as well. So they don't have to zone it back. I believe their intention is to, but once it is passed, it doesn't automatically revert. There will have to be another action by the Council to change it. Committee Chair Davis asked, So if they find a user that meets the Mixed-Use, then they don't need to come back before us at all? Ms. Smith replied, Correct but they would have to install the landscaping. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f574.235.9173 TTD574.235.5567 www.southbendin.gov 6 OCITY OF SOUTH BEND OFFICE OF THE CLERK Committeemember Yokom stated, There was a comment about reverting back to the Light- Industrial. It was said there were assurances. Are there assurances that will happen? Ms. Smith replied, I will let the petitioner speak to that. There are lease agreements, however, it can't automatically revert back. State Law doesn't allow for that. Someone will have to petition for it, whether it be the City, the property owner, or the Area Plan Commission. Somebody will have to file a petition to have it come back to the Council. There is intention to go through that process but it can't automatically revert. Pam Meyer, Director of Neighborhood Development for the Department of Community • Investment with offices located on the 14th floor of the County-City Building, stated,The property owner and the City have signed a one(1)page agreement to indicate it is our intention and that we will process an application to rezone the property back in anticipation of the ending of the Winter Amnesty period. It gives us thirty(30)or sixty(60)days after April 1st,2019 to initiate that process. That is right now what the property owner wishes and what we have said we will do. Councilmember Teshka asked, So there is a written agreement? That was my only question because, again, the letter Mossberg references, and maybe that is a conversation we will have. Ms. Meyer replied, Yes and I spoke with them and they indicated we were discussing that at the time with the property owner. Committee Chair Davis requested copies of that written agreement. James Mueller, Executive Director of the Department of Community Investment with offices located on the 14th floor of the County-City Building, stated, There is a financial penalty if we don't revert it back to LI to the tune of$4,000 a month. So I encourage you, if we are not going to rezone it back to LI, not to zone it to Mixed-Use tonight. Committee Chair Davis stated, Timeout. Could you restate that? Dr. Mueller stated, So the agreement was to give assurances to the property owner that it would be rezoned to Light-Industrial. So the final say on the rezoning is the Council so we couldn't assure him that would happen. But we could assure him that we would owe him damages if we don't follow through. $4,000 a month until we either rezone it or he gets a tenant. Committee Chair Davis stated, So, question for you. Amnesty Day is over in April, so, the running clock starts June 1St then? Dr. Mueller replied, Correct. Committee Chair Davis continued, From that standpoint, which is cool. Dr. Mueller stated, The intention is to submit the application before Weather Amnesty ends and have it in the queue and then have it done by June 1st Committee Chair Davis stated, Wow, alright. EXCELLENCE ACCOUNTABILITY ' INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson BvId South Bend.Indiana 46601 p574.235.9221 f574.235.9173 TTD574.235.5567 vwdw.southbendin.gov 7 CITY OF SOUTH BEND OFFICE OF THE CLERK Councilmember Scott stated, I along with Councilmember McBride met with people from what I will call that triangle area. There are good things happening in that area. It has been an area that has been a little neglected and I didn't want to make this comment yet but for some of the business owners, they don't feel it is ideal but they understand the necessity. Their concern is increased public safety issues with the higher concentration of homeless individuals down there. I'm not saying that all homeless are bad or anything, but they are concerned. There is an incubator developing within the old Ziker Cleaner Building and this is something we do need to look at as we move forward with DCI on helping that small area. I had to look up Tutt Street just to understand the area. Mossberg's employee lot is accessed off Tutt Street. It is something that there are people with private investment. It is in Councilmember Williams-Preston's District and they really want to see it thrive down the road. They understand the need here. He went on, One(1)thing that I've said and I'll say it to this Council. As this goes along, it would be great to have a permanent structure for this somewhere and we know what a challenge that is. We've listened to residents on that but if we cannot find a permanent solution to this that makes everybody happy, I said we need to look at moving this in different areas each year. If we are going to do it, and continue doing that, I think we need to look at that. There are people concerned about what that becoming a permanent solution will do to their private investment. So my thought is if we are going to continue doing this, I think it needs to be moved around and shared within the City. It is an entire City problem and we need to look at that. I do want to voice the concerns of those businesses down there. We encouraged them to share letters. They will deal with it but they want to know what kind of police presence will be there and what other services will be there for trash and anything else. We met last week, and literally that Sunday night before we met a gentleman was arrested for selling synthetic marijuana to the homeless. That is the kind of the concern that is there. I am supportive but I don't think this is the permanent solution for this. Councilmember Regina Williams-Preston stated, I want to thank Councilmember McBride. She contacted me about the meeting and I couldn't make it but I appreciate you guys handling that. I did have conversations and you did answer my question. I was wondering who the remonstrators were because,just for clarity,the neighborhood association in that area was for this. They thought it was a good idea but of course that area is not primarily residential as it is businesses, right? So thank you for that. Committee Chair Davis stated, There were two (2) different people at Area Plan. Ms. Meyer replied, There were two (2) different people and David and I met with them this morning. They were Acoustical Audio Business and Omani Auto Sales which is on the corner of South Michigan Street and Sample Street. They have the same kind of take in terms of they understand the need but they are concerned. We discussed with them having direct contact with the Police via Chief Lancaster and Office Lane. I put them in contact with them today via email. I think they have invited the officers to come talk to them. We are also communicating with the Police Department about doing some other safety patrols and other kinds of things that could occur in that general area to make people feel more comfortable. Committee Chair Davis stated, Thank you for following up on that, I really appreciate it. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221',f574.235.9173 TTD 574.235.5567 www.southbendin.gov 8 CITY OF SOUTH BEND OFFICE OF THE CLERK Councilmember Williams-Preston then asked,With regards to what Dr.Mueller shared,if we vote on this tonight,the only way it can revert back is if the property owner actually comes and requests it? Ms. Smith replied, No, there are three (3) entities that can bring forth that petition. It can be the City, the Area Plan Commission or the property owner. Councilmember Sharon L. McBride stated, And we've spoken for that commitment to be in there from the Council and it has to come back in front of us for us to change it back. Councilmember Williams-Preston asked, So we don't have to depend on the property owner? Committee Chair Davis replied, No, because he would get$4,000 a month. Councilmember Scott stated, I'm supportive with that stipulation that it is reverted back. Committee Chair Davis stated, I'm cool. I'm at peace. Committeemember Voorde asked, So, DCI will probably initiate the rezoning? Dr. Mueller replied, We initiated this one(1) so we intend to do the same next time. Committeemember Voorde then stated, I see that this is part of Sibley where the roof collapsed there. Councilmember Scott stated, That is owned by a gentleman there. He has bought it and is fixing that up. They have good plans, honestly. Committeemember Voorde then stated, And the other thing is, just for historical reference, the City's Traffic and Lighting Department used to operate out of a building on Tutt Street. Councilmember Scott stated,There is a private individual that did buy Sibley off of tax-sale. Yes, there was a collapse. They are very concerned and are securing the property for any homeless or anyone else for that property. You have to remember, none of that was being paid on taxes and now we have private investment within that triangle. That is why I think there is some momentum building. So they want it reverted back, which I think we are all in favor of, and they understand the concern. Committeemember Voorde stated, When I was at the Assessor's Office, there was a$500,000 tax bill that was going to go unpaid. Councilmember McBride stated, I just want to say thank you to everybody who collaborated with this effort because this has been a long, sensitive and important project. I just thank everybody, from the Administration and Hope Ministries, thank you. Everybody got together and sat down and talked to the neighbors to come up with a great solution. It was a great undertaking but I think we are making headway to move along. EXCELLENCE ACCOUNTABILITY ! INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov 9 CITY OF SOUTH BEND OFFICE OF THE CLERK Committee Chair Davis asked, Councilmember McBride, do you know what is going to happen to those trailers that are in your District now? Councilmember McBride replied, At this point in time, we talked with the Administration about after the Weather Amnesty is finalized, moving forward and having a discussion of what is and what is not going to happen. We know they will not be at the current location, however, they may be there through the winter time but nothing will take place there. It will cost for them to move them to another location so our neighborhood association and our District is ok with them being there until the weather breaks for them to come up with a plan if it is not being used. We will continue having communications after the Weather Amnesty breaks because we are still talking about permanent housing. That conversation will still take place. As of now they are not utilizing the pods and we are ok with where they are in their current form through the winter. Committee Chair Davis replied, Ok, good to know. Committee Chair Davis then gave the floor to the petitioner. David Vanderveen, Executive Director of Hope Ministries with offices located at 432 South Lafayette Boulevard, stated, Hope Ministries will be operating the facility from sometime in November until April 1St, 2019. This is the same thing we did in the Kratz Building last year. We will be open from 8:00 p.m. to 8:00 a.m. As we talked with the neighbors we met with, folks will come at 8:00 p.m. They will be inside the building and staff will be present the whole time they are there and then at 8:00 a.m. they will leave the building. Our responsibility is that they get off the block. Most of them will be heading down the street to services like breakfast either at Broadway Christian Parish or Our Lady of the Road. So at that point the building will be closed and will not reopen until 8:00 p.m. Committee Chair Davis stated, Like you shared with us at Area Plan, 8:00 in the morning, they leave, they go to breakfast. You also mentioned that you will probably start giving passes over at dinner. Can you talk about that again? Mr. Vanderveen replied, Correct. So most of the individuals that are staying in Weather Amnesty come to Hope Ministries at our location on Lafayette for meals, so they will be there for dinner. Our plan is to have a check-in process there so they won't need to line up outside at the Tutt Street building. They will be given a card or a ticket of some sort and then once they are done eating dinner, they can walk over and enter the building. Committee Chair Davis then stated,And our discussion about families, children and all those kind of situations, you said most of them would be at that site. Or would it be more at the other? Mr. Vanderveen replied, So typically, Weather Amnesty serves very few families but when we do identify one (1), The Center for the Homeless makes space available for them. So the Center for the Homeless will also be participating in Weather Amnesty again. They will have some beds available. Committee Chair Davis stated, One (1) last comment I thought was important. You talked about your assessment of the people who are by the Kratz Building and you said they gave their evaluation of what they saw during the Winter Amnesty, could you share that please? EXCELLENCE ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD574.235.5567 www.southbendin.gov 10 •CITY OF SOUTH BEND OFFICE OF THE CLERK Mr.Vanderveen replied,Yes, so last year and the year before,what we found at the Kratz building, as you know, we had a number of encampments under the bridge and a lot of homeless around the downtown area. The neighbors were very concerned about having Weather Amnesty at the Kratz Building and what they told us is that the business owners thought it actually improved for them once Weather Amnesty opened because people were now housed and they were less unstable and doing crazy things. We also now have some way of having a consequence if they negatively affected our neighbors. So when we run the Weather Amnesty program, if one (1) of the people who is accessing the service and they negatively affect our neighbors, the neighbors let us know. We talk to that person and we let them know that if that continues, they will not be welcomed to stay and they typically stop doing that behavior. Our neighbors found that it is actually better for them when Weather Amnesty opens. In fact when we got to April 1"last year our neighbors asked if we could keep it open longer because they didn't want it to go back to the way it was before. So sometimes it is hard to imagine it will be better if we are bringing more people in, but I think at this site, as most of you probably know, is there are already a number of folks that are camping back in that triangle behind the building. We think there are probably twenty (20) of them right now and they probably cause a lot of problems during the day. We think that once Weather Amnesty is opened, people will be housed and then once morning comes they will go elsewhere to access the other services. They won't have their campsite there so they won't be back in that area during the day. I believe businesses will see less impact during the day in that triangle and I know that in the evenings and when people are there, we will have staff on site. Committee Chair Davis followed up,You mentioned that some of the people at the Kratz Building would like to continue this past April Pt. Given the climate change and everything else that is going on, I remember last April it was still cold. Who sets that date for the Weather Amnesty? Is there any consideration to extend that given the fact that our weather patterns may be changing? Last year we had a cold spring. Mr. Vanderveen replied, Yes, we did. Last year The Center for the Homeless, I believe, did stay open a little bit longer. We try to be flexible. As you remember last year the zoning approval was honored until April 1" and we felt we needed to honor that. So the group of service providers in the area that have talked about this have kind of set that. They used to do it based on temperature but we've now decided to do it based on dates. Typically it works out fairly well. We try to be flexible. Committee Chair Davis interrupted, I remember a few years ago we had a warm spring, it was interesting. We had to start cutting grass but lately we haven't had that. And so, in terms of the wording, my only concern is, do we need to have a hard-fast date of April 1" or do we need to have it pending weather issues? Some kind of wording there that still gets us out of the issue but also being sensitive to the fact that April Pt could be a very cold day and then sending people out on that day is not good for you, the neighbors and everybody else in the process. And so, that is just where my head is right now. Mr. Vanderveen replied, Yeah, and I appreciate the heart behind that. We want to serve people in the way they need to be serviced. My understanding is your approval of the rezoning doesn't come with an expiration date. We will have a lease with the property owner and that lease will have an end date which currently is April 15th, 2019. But then there is also the issue of the commitment to rezone and so there is some timing associated with that. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f574.235.9173 TTD 574.235.5567 vwvwsouthbendin.gov 11 •CITY OF SOUTH BEND OFFICE OF THE CLERK Committee Chair Davis interrupted, So that rezoning, since it is the sixty(60) situation there, that could grant us the time but not to the point where it is necessary for us to have that kind of Weather Amnesty? Mr. Vanderveen replied,Correct. And that is assuming that the property owner is willing to extend the lease if that were the case. Committee Chair Davis stated, Ok, I'm at peace. Committeemember Broden asked, So just to follow up, the lease has language in it that you could extend beyond the April 15th day? Mr. Vanderveen replied, It does not currently have that language in it, no. Committeemember Broden followed up, So you would be in a position of trying to negotiate that extension? Mr. Vanderveen replied, Yes and, in reality, that is the way we have done it in the however many years we have done Weather Amnesty. There have been a few days where it has been problematic but for the most part it is acceptable. It is never great to sleep outside,right?But Weather Amnesty is concerned with life-saving service. Committeemember Broden interjected, I guess as long as we are looking at the extension and submitting the application, with DCI submitting the application to the Area Plan Commission for another rezoning on this at the end, I mean I guess, that is kind of an as needed, time of call, but obviously we can get a sense of what these forecasts are and I guess I would be inclined, in a lease agreement, to actually know what those terms could or might be for an extension. That is to make sure it is not a heavy ask in terms of income driven by the landlord. I guess that is one (1) point. My second (2°1) is, relative to 2017 and the capacity to serve individuals, what does this site do? Not just pure numbers but the subset of numbers. We already addressed families,but in particular, women? Mr. Vanderveen replied, Yes, so, you may know that the Life Treatment Center in 2017 served women and they will not be doing so this year. So one (1) of the requirements in looking for a building was a site that was large enough to serve the number of men we served in the Kratz Building last year plus the number of men they served at the Life Treatment Center. So our overall capacity will be the same as it was last year with the same amount of space for men and women. Committeemember Broden followed up, So numbers aren't going up, so overall, do you feel like that met the need of the folks who needed housing during those months? Mr. Vanderveen replied, Yes. There were a few nights where we had to cram a few extra people in, here and there,but overall, we felt it worked. Committeemember Broden then asked, And then what communications are you proposing for within the City of South Bend? This is a new site, new location and a difficult population to EXCELLENCE ACCOUNTABILITY j INNOVATION I INCLUSION ' EMPOWERMENT 455 County-City Building 1227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov 12 CITY OF SOUTH BEND OFFICE OF THE CLERK communicate to in some regard so,how can we best communicate if this is approved? What is the plan in place for that? Mr. Vanderveen replied, We are on a remarkably efficient street. Probably ninety-five percent (95%) of the people that are going to be staying in Weather Amnesty come and eat meals at Hope Ministries so we can spread word pretty quickly and we will start posting signs about the plan for Weather Amnesty and the sign up procedures. We will also let the other service providers know. I don't think we need a large publicity campaign. Committeemember Broden interjected, I mean but certainly, I think, outreach to local churches and social service agencies. You have that network in place? It's a different place, a different location and the difference of walking three(3)blocks can be quite burdensome. Mr. Vanderveen confirmed, All of the agencies that were involved last year, we will be communicating with them. Committee Chair Broden then stated, Ok, perfect. And then, are there any site improvements? Mr. Vanderveen replied, Minimal. We look at it from a life safety point of view, so, some additional emergency exit signs and making sure the doors have proper hardware. Committee Chair Davis then asked, You said the Building Department was looking at housing people the other day? Mr. Vanderveen replied, Yeah, we are waiting to hear the final word from the Building and Fire Departments on just how many people is max occupancy. I believe an architect has submitted a plan to the State and as soon as that is approved, the Building and Fire Departments will go out and inspect it. So we are pretty confident we can serve, as least, the number we did last year. It is possible to serve more than that, as needed,but we don't have that final number. Committee Chair Davis asked, Do you find we are the only city that does this? Does Mishawaka do anything like this? Mr. Vanderveen replied, No,they do not. I think Goshen is the closet other place. Committee Chair Davis replied, Goshen is the closet place?Wow. So we are basically serving the people in Mishawaka and all of St. Joseph County when it comes down to Weather Amnesty issues? Mr. Vanderveen replied, Correct. Committee Chair Davis stated, Interesting. Ok, thank you for your service. Committee Chair Davis then opened the floor to members of the public wishing to speak in favor of or in opposition to this legislation. Conrad Damion, 718 East Broadway Street, stated, I sent you all a letter through email that I hope you received. Our neighborhood association has been very concerned about this. I know you are EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f574.235.9173 TTD 574.235.5567 www.southbendin.gov 13 0CITY OF SOUTH BEND OFFICE OF THE CLERK aware and have worked with the City. I believe given the options, this is an acceptable place. I support this so that this may happen. Committee Chair Davis asked, What happens to issues of weekends and holidays? Mr. Vanderveen replied, We are open every day. Committee Chair Davis replied, No, no, no, no. Are they required to leave at 8:00 a.m. on those days too? Or, what? Mr. Vanderveen replied, Yes. So, there are some challenges, certainly, for some folks, we know that. We try to, if it is extremely cold out, we try to open space up at Hope Ministries and The Center for the Homeless and different agencies. Of course there is an emergency plan in place for warming centers in extreme cold but, again, Weather Amnesty is a life-safety service. It is not a comfort service. So some folks end up doing a lot of walking around the street during the day. It is not what we want. Committee Chair Davis stated, But it is better than nothing, I understand your point. I appreciate it. I'm at peace. Committeemember Broden asked, So if there is a weather emergency announcement in the City of South Bend, can this space be utilized for that entire day? Mr. Vanderveen replied,Other than us having to pay additional staff to be there, there is no reason other than that for it not being used. Our default is our waiting area in our kitchen during the day because folks typically are there anyways and so that would make more sense than having additional staff over at this new location. That is what we have done in the past. Committee Chair Davis stated, That is good to know. Committeemember Ferlic made a motion to send Bill No. 53-18 to the full Council with a favorable recommendation. Committeemember Broden seconded this motion which carried by a voice vote of five (5) ayes. With no further business, Committee Chair Davis adjourned the Zoning and Annexation Committee meeting at 5:36 p.m. Re ml ' ly Submitted, 0 *f-: i vis, Commit e- Chair I EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 Ti-D 574.235.5567 www.southbendin.gov 14