Loading...
HomeMy WebLinkAbout10-22-18 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 22,2018 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOM u ► I • SAME BE APPROVED: T ' COTT 0-1/ Aill JTESH $ APPROVED BY THE COMMON COUNCIL ON: November 12, 2018 ATTEST: KA' r EMAH FOWLER, CITY CLERK REGULAR MEETING October 22, 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 22nd, 2018 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation (Father Glen Kohrman, Holy Family Parish& Saint John the Baptist) and Pledge to the Flag were given. ROLL CALL COUNCIL MEMBERS PRESENT: Tim Scott 1St District, President Regina Williams-Preston 2nd District Sharon L. McBride 3rd 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 October 8th, 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. SPECIAL BUSINESS BILL NO. 20-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND RECOGNIZING AND THANKING THE LOCAL MEMBERS OF THE MABAS DIVISION 201 TECHNICAL RESCUE TEAM FOR THEIR ASSISTANCE IN NORTH CAROLINA DURING AND FOLLOWING HURRICANE FLORENCE Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as the presenter for this bill. Councilmember Oliver Davis stated, I reside in the great sixth (6th) District of South Bend. I would ask all the firefighters to please come forth. A Resolution of the Common Council of the City of South Bend recognizing and thanking the local members of the MABAS Division 201 Technical Rescue Team for their assistance in North Carolina during and following Hurricane Florence. Whereas, The MABAS 2001-Indiana District Two (2) US&R/Technical Rescue Team was started in 2001 and is comprised of eighty-six (86) members from surrounding area fire departments. Clay Fire Territory,Elkhart FD,Goshen FD,Mishawaka FD,City of Niles FD,Notre 1 REGULAR MEETING October 22, 2018 Dame FD, Penn Township FD, South Bend FD and Warsaw FD deployed members to assist victims of Hurricane Florence; and, Whereas, The Rescue Team was deployed to North Carolina for ten (10) days with eighteen (18) members performing swift water rescues and boat assisted evacuations during and following Hurricane Florence; and, Whereas, On the first (1st) day of deployment, the team rescued one hundred nine (109) people; and, Whereas, Overall the team performed over one hundred sixty(160) water rescues and evacuations in the towns of Havelock, Pender County Greensborough, Wilmington, and Burgaw,North Carolina between September 11, 2018 and their return on September 21, 2018; and, Whereas, The team also saved twenty (20) dogs; and, Whereas,After the recent deployment,the swift water rescue team, already well known among their peers for their elite training and abilities in water rescues, became well known and appreciated by the public nationwide for their skills and dedication; and, Whereas,No words will ever be adequate to express the City's appreciation for all first responders who willingly rush into harm's way to protect others. The members of The Rescue Team Include: Clay Territory Goshen South Bend Warsaw Lucas Gluchowski Steffen Schrock Chris Baker Nate Iden Brian Hester Brent VanBruaene Brent Fifer Jared Pearish Elkhart Mishawaka Steve Pritz Marty Dyer Ian Jarrett Dave Pritz Will Kornrumph Lane Detweiler Dave Jester Adam Kuspa Mike Humphrey Mike Jameison Councilmember Oliver Davis continued,Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section One(I). The South Bend Common Council proudly recognizes and expresses its gratitude to the MABAS 2001-Indiana District Two (2) US&R/Technical Rescue Team. Section Two (II). The Common Council also expresses its appreciation to all first responders who sacrifice their safety for the safety of others. Section Three (III). May you all remain safe from harm. Section Four(IV). This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Councilmember Oliver Davis stated,I was watching T.V. or having a discussion or something was happening and I realized a whole group from our community went. It dawned on me that we must honor them when they get home. It is truly a blessing to see when members of our community go help others all across our Nation because there are times when we will need others to help us. It is good to do onto others as we would have done onto ourselves. And it is truly an esteemed honor to stand out here with you, all of you, and I'm honored to be the one (1) to promote this and I'm glad all you Council Members will sign along with us so we are all a team and we honor all of these fine people who put their lives in a challenging situation and came back victorious. Chris Baker, Battalion Chief for the South Bend Fire Department with offices located at 1222 South Michigan Street, South Bend, IN, stated, We were fortunate to be able to go on this. All the long days and weeks we spend training on the East Race, every single one (1) of these members have been through that rigorously. So it was nice to be able to go out and assist and use those skills. I think we definitely represented our own agencies, cities and the State of Indiana really well. So thank you for allowing us to go. Brent VanBruaene, Captain for the South Bend Fire Department with offices located at 1222 South Michigan Street, South Bend, IN, stated,I just want to say that these guys are the best water rescue professionals in the Country. There is no doubt about it. I am just really proud to be a part of it and I think everyone else is as well. So thank you for all your support and all you do for us. Thank you. 2 REGULAR MEETING October 22, 2018 Steve Cox, Fire Chief for the South Bend Fire Department with offices located at 1222 South Michigan Street, South Bend, IN stated, It's really important, I think, for everybody in this community to realize that this didn't happen by accident at all. I have the privilege of coming before the Council every year to present our budget.Every year at budget time,I make sure I bring to you and the citizens of South Bend the professionalism,the capacity and the capabilities of this team and how strong they are in what they do. This team was requested for specifically by the State of North Carolina by colleagues of several members of this team that are nationally known. I cannot overstate, I can't say this enough, the professionalism, the capacity, the capabilities and the competence that this local team provides. When the chips were down in North Carolina and there were people to be rescued,they wanted our team there to be able to help them in some of the worst parts of the State where the flooding and hurricane were all happening. I would also like to thank, because a lot of them are in attendance today, the family members and friends of the team members. It goes without saying. They went to North Carolina, they rode the storm out, they are from Indiana so I'm guessing none of them have lived through a hurricane before, but long story short, obviously their families were concerned for their well-being, safety and everything along those lines. They went, selflessly, to help their fellow Man in North Carolina. I just want to give kudos to everyone on the team and I appreciate the Council's support of all the activities they take part in all year long. Battalion Chief Chris Baker announced and introduced area firefighters who were in attendance representing the other areas of the MABAS 2001-Indiana District Two (2) US&R/Technical Rescue Team. Councilmember Regina Williams-Preston stated, I just want to thank you all for representing Indiana so well. It is exciting to see us all working together and even more exciting, thank you Chief for sharing,that we were specifically requested and asked for. I have seen the work that you guys do in the East Race. It is really exciting what is happening right here in South Bend. You are an excellent and shining example. You risk your lives for us every day. Thank you. Councilmember Sharon L. McBride stated, I echo the same thing. I thank you all for your service and you are second (2nd) to none with your work and your ethic. It is resounding in the State and Nationally. Again,job well-done and I'm grateful you all came home safely. Councilmember Jo M. Broden stated, Thank you for your service, particularly in an emergency situation that you were called to and responded to. I guess I want to say your ability to go there hinges,as already has been indicated,on your families.I would daresay also the other professionals who fill in your slots,right?I don't know who in the audience is here in terms of the backfill folks who are public service officials but I would actually like the families to stand up and receive a round of applause before the night is done. You do it every day, right? You send your loved ones into harms way but I think there is a particular element of gratitude that we feel and, certainly,the individuals in the communities that you go and rescue feel. You stepped up to do that and you answered the call. I love the fact, as someone has said, and it comes to mind,that we sent our best. You are doing the best work. So congratulations for your hard work, the training, the high degree of professionalism and most importantly the amazing services you provide in an emergency situation. Councilmember Jake Teshka stated, I would just like to echo what Councilmember Broden said and thank the families. I know that, as Councilmember Broden alluded to, it is a situation where we know you send your loved one (1) into harm's way every day, or at least into the possibility of harm's way.This was a situation where you guys went knowing you were walking into a dangerous situation. So, thank you for that. Thank you for being the elite team that you are, for being nationally recognized and for being just one (1) more way of how South Bend and this region is leading in so many ways. It is also great to see the way that, again, the region has come together, right? We are talking about folks from Elkhart, South Bend, Goshen and Mishawaka. Just the brotherhood you all have,thank you. You are an inspiration to all of us. Councilmember John Voorde stated, Very sincere thank you. All of your work and your professionalism are very, very much appreciated. Thank you. Councilmember Gavin Ferlic stated, Thank you for your service to our community and our Country. 3 REGULAR MEETING October 22, 2018 Councilmember Karen White stated,I wish to thank each and every one(1)of you for your courage and your unselfish acts to go into harm's way to serve others and to, most importantly to save others. Your work has not gone unnoticed. We are very thrilled to be in your presence. We thank your family members for sharing each and every one (1) of you with us and with our community. It is best to know we have the best. We appreciate each and every one (1) of you and, Chief Cox, I look forward to seeing you during the budget process. Councilmember Tim Scott stated, They said it all and I can't say it any better. Councilmember Broden beat me to the punch on the families. We do appreciate the families and everything you guys do. Did you hand out water-proof brochures on water rescue? Bring them all up here. I've seen you all work on the East Race many times and am truly proud. Thank you, Vice President Davis for bringing this forward. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, I would like to commend these guys because I know how it is to be part of the elite. I worked thirty-seven(37)years for Northern Indiana Public Service and seventeen (17) of them were on the Lion Department. Whether in the air or on the ground, when you were called to go to another state that had been hit by disaster, I know how it feels to be away from your families and to work with other people from other parts of the Country. You should feel proud, every one (1) of you. It is an honor. I've done it. The training you get, you find out how good you are when you are out there working with other professionals and it is a proud moment when you can hold your weight and help people that had been hit by disaster. I would just like to say I'm honored to be standing with you, and great job. Sue Kesim, 4022 Kennedy Drive, South Bend, IN, stated, I just wanted to say a special thank you because I have over ten (10) relatives in North Carolina and it is heart-warming that people from my community went to help. Thank you. Jesse Davis, P.O. Box 10205, South Bend, IN, stated, I've had several family members that were firemen. My great grandfather was the first (1St) Fire Chief at Fire Station One (1) out on the East Coast. I don't remember what town it was. I had relatives that were part of the Fire Station at [inaudible] and then my uncle Barry Robertson served with the Mishawaka Fire Department for many years. I've gotten to see these guys in action at the East Race and it is really cool to go down there and watch them do what they do. Unfortunately, I've also gotten to see them in action in emergencies locally here. I recall one(1)night in Mishawaka a young man was walking across the waterfall at Central Park right next to the Police Station. He slipped and went under water and never came back up. I was there when the guy went in the water and I'm not a very good swimmer so obviously I wasn't jumping in the water. A Mishawaka Police Officer was there and actually dove into the water. It was a freezing night with terrible weather. We couldn't find the guy and the river rescue guys came out there and I know they spent hours and hours into the night, because it became a rescue effort at that point,until they ended up recovering the body out of the river.Kudos to you guys for what you do. Unfortunately we have to watch you in action sometimes in our community but thank you for going out and helping some other communities in need as well. Councilmember Gavin Ferlic made a motion to adopt Bill No. 20-18 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: Laura O'Sullivan, Chief of Staff RESOLVE INTO THE COMMITTEE OF THE WHOLE 4 REGULAR MEETING October 22, 2018 At 7:24 p.m. Councilmember Karen White made a motion to resolve into the Committee of the Whole. Councilmember John Voorde 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. 53-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 121 EAST TUTT STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable 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 a petition to rezone from LI, Light Industrial to MU, Mixed-Use and seeking a special exception for a group residence at the property highlighted here (referencing a slide in a presentation which is available in the City Clerk's Office) in red. The existing area is a mixture of Light Industrial and Mixed-Use as your front on Michigan Street. The existing property is a vacant industrial warehouse that is planned to be used and converted for the Weather Amnesty which calls under the group residence category. The site plan does not propose any significant changes also it does show the required landscaping that would be required per the current ordinance. This comes to you from the Area Plan Commission with a favorable recommendation and I would be happy to answer any questions. David Vanderveen,Hope Ministries with offices located at 432 South Lafayette Boulevard, South Bend, IN, served as the petitioner for this bill. Mr. Vanderveen stated, So we are hoping to use this building for Weather Amnesty services this winter. As you know, we have provided Weather Amnesty in this community for many years and it is a service we need to provide to keep the folks who are living on our streets safe and warm in the coldest nights of the year. So we propose providing services for both men and women in this building which is needed this year. We will be working in conjunction with the Center for the Homeless who will also be involved in the Weather Amnesty program. Weather Amnesty services are available to people from 8:00 p.m. to 8:00 a.m. each evening from November 1st, 2018 through April 1St, 2018. Pam Meyer, Director of Neighborhood Development for the Department of Community Investment with offices on the 14th floor of the County-City Building, South Bend, IN, stated, I just wanted to clarify the conversation. While we understand that the rezoning to the MU, Mixed- Use is not temporary, the Weather Amnesty period is temporary. As part of that, the City has agreed with the property owner to facilitate the rezoning process back to Light Industrial at the end of the Weather Amnesty period. You had asked for a copy of the agreement and it was emailed to you and you also have a paper copy. The emailed copy does have both signatures. Councilmember Jake Teshka stated, I just want to clarify. So within sixty (60) days after the expiration of the lease, which I think in Committee David had said was April 15th, the City or the Department of Community Investment has entered into an agreement that we will rezone that back. Ms. Meyer replied, We will file an application with the property owner's signature, as we did this time and go through this same process. Councilmember Jake Teshka followed up, So DCI will initiate that? Ms. Meyer replied, Yes. 5 REGULAR MEETING October 22, 2018 Councilmember Jake Teshka then asked, And again, just to make clear and public, per the agreement if this does not happen, the City will pay the property owner $4,200 per month for a maximum of forty-eight (48) months? Ms. Meyer confirmed, That is correct. Councilmember Jake Teshka followed up, So it is in everybody's best interest that this be rezoned back? Ms. Meyer stated, That is correct. Councilmember Oliver Davis stated, I didn't see, in this agreement the April 15th date here. Ms. Meyer replied, It is not in this particular agreement. That date is in the lease agreement between Hope Ministries and the property owner. But quite frankly, my assumption was that we would start that process even before the end of the lease period because it does take a matter of time between the two (2) bodies to do this process. Councilmember Oliver Davis requested a copy of the lease agreement. Councilmember Karen White stated, So what we have before us in terms of Weather Amnesty is a temporary response until we look further and this will get us through the winter months. Councilmember Oliver Davis asked, In terms of the facilities and since that was a warehouse, for those who are needing to take showers or whatever, will they have to do that at the other locations or will they do that there? Mr. Vanderveen replied, We have never provided shower facilities asart of Weather Amnesty Y services so that won't be any different than it has been in years past. There are restroom facilities but no shower facilities. Councilmember Jo M. Broden stated, With regard to the agreement to rezone, item number one (1), that paragraph has two (2) sentences. One (1) is a duty to petition the Area Plan Commission and the Common Council which is well within their rights. The second (2n1) sentence there states the City shall further take any and all necessary steps to ensure that the property is rezoned LI, Light Industrial at the expiration of the lease. What is the definition of ensure? Make certain that? Shall occur? To me, that seems like the Department of Community Investment is overstepping or promising a right that it does not have in a legal agreement. Ms. Meyer stated, I can tell you that this legal agreement was reviewed by attorneys and certainly our City legal team. I don't think that is the intention. The intention was that we will work by communicating with Council Members and the Area Plan Commission staff. That is my interpretation of what that means. I don't think that was the intention. Councilmember Jo M. Broden stated, I'm not talking about intention, I'm just actually looking at the wording of the agreement. James Mueller, Executive Director of the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend,IN, stated, This agreement went through multiple iterations with our Legal Department. The reason this exists is because we can't ensure the rezoning will happen as that is a Council authority. So this is that we are ensuring we will do everything we can, all necessary and able actions, to ensure it happens. And, because we entered into that agreement, that is why the payment penalties will go into effect. Councilmember Jo M. Broden stated, I understand the leverage. That is smart and I don't have any problem with your stated intent. I do think a practical reading, or even a legal reading, of that second(2nd) sentence in that paragraph goes beyond your capacity within your office. I understand your role in the petition as part of the process and I understand ours, but I think that goes beyond. My last piece on this is, has our Attorney looked at this? Bob Palmer, Council Attorney with offices on the 4th floor of the County-City Building, South Bend, IN, stated, I received this following the Committee meetings. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 6 REGULAR MEETING October 22, 2018 Edward Levy, 316 South Eddy Street, South Bend, IN, stated, In clear heart, I could never go against something like this. I am in favor of it. But, if you've been there in the evening and I don't know if any of you have driven by the property during the day or evening,there are people camping out there and it is a mess. I have a tenant who wants out of his lease because he is scared to death. So I am asking, because I am in favor of this, that Hope Ministries and the City of South Bend supply security for the area twenty-four seven (24/7) of some kind because tenants in that whole area are scared to death to be there. I know it is only a six (6) month period but I can't keep a tenant in my building because they come and go in the evening and he is just scared to death because there are people wandering around. So unless there is security there, you will have issues. There needs to be clean up. I'm not against this as long there is someone there to watch them as well as watch the property owners around there and protect their interests,too. Steve Camilleri, 813 South Michigan Street, South Bend,IN, stated,I just want to speak in support of our best partner, Hope Ministries. As the largest provider of homeless services in our community, the Center for the Homeless is just across the street from 121 East Tutt Street. There are already two hundred (200) people in our community who live at the Center for the Homeless who experience homelessness. I see it every day and I think this isn't just a response to people under the bridge. This is a response to our neighbors and friends in our community who experience homelessness. It snowed on Saturday night. I don't know everybody in this room so I don't know if anyone in this room experienced homelessness on Saturday night, but I know people at the concert were really cold. Imagine you did not have a place to go back to. I am so thrilled that the City is presenting this opportunity for upwards of fifty (50)people in this community. By the way, that is not enough. We have more people who are on the streets in South Bend. We saw people all over the community over the past several years.They were visibly under the bridge but they existed and experienced homelessness before that bridge ever happened.This has been a long time coining and there are no other agencies right now besides Hope Ministries and the Center for the Homeless who are providing Weather Amnesty. It is unfortunate that we have to. We needed Weather Amnesty this past Saturday night. I just want to speak out in support of this as a provider because I've been receiving many questions from people in the community who ask about this being permanent. This is needed. Quite frankly, I feel for these people. I don't know what they must do. The trauma they experience not knowing if this is going to pass or not would be hard to live with. I really hope this is voted on unanimously. It is something our community needs. I'm so grateful to David Vanderveen and Hope Ministries for stepping up when this City and our community needs this. Thank you. Jesse Davis,P.O.Box 10205, South Bend,IN,stated,Obviously everyone is mentioning the bridge and we know there was a tent city constructed under there to bring awareness to the community because we've had this homelessness issue for years. It has kind of been out of sight and out of mind. So the tents were to provide a little more shelter to these people who didn't really have anywhere to go as well as a little bit of privacy. The main reason was to bring awareness because when people drove down Main Street, underneath that bridge they saw those red and white tents and they realized there were people living out there basically all winter long. I'm glad they found a place. I hope in the long run we find a more permanent place. I know we have had issues getting community members behind this Gateway Center that they want to put together but I think this is a good temporary fix. Personally, I am still concerned. They are there from 8:00 p.m. to 8:00 a.m. What happens between 8:00 a.m. and 8:00 p.m. on those days when it is below zero (0)? They can't be in that building so we are only covering half of the realm here. They will be downtown and you'll see them at the library. You'll see them in businesses. During the daytime,they are still freezing outside while we are in our warm offices, homes and cars. Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, The homeless issue still plagues our community. We, the community, have got to nail this on the head. We are fortunate to have somewhere to go. We,as the community of South Bend,do some wonderful things.I want to make this clear to everybody. We, as a community, have got to get this nailed on the head. We are counting on you who were elected to govern our City and make sound decisions for our City. I don't know the answers because I'm not that smart but there are bright people here. We have to get this homeless thing under control. I know it is hard. There are medical issues and a lot of other things that go with it but we would be very proud if you, the leaders of our community elected by the public to make sound decisions, knock this thing out of the park. I know it's difficult but we REGULAR MEETING October 22, 2018 can do this. I'm looking at each one(1) of you. It is not going to go away. Let's come together and knock this out of the park. I'm for this temporarily but I would like to see something more dynamic and state-of-the-art to help these people who are less fortunate. I don't know how it is to be homeless but I sure know how it is to be hungry because when I was a little kid I stood in a food line once a month to get food for our family. That was very touching to me because when I got older I swore to God that my family would never stand in a food line. So get this taken care of. Ann Voll, 206 East Tutt Street, South Bend, IN, stated, The perspective you have of that building (referencing a slide in the presentation) I've seen for forty-five (45) years in this community because I've entered the doorway of the overhead building of Sibley Machine that provided jobs in this community over all of those years. I am not opposed to the timeline that has been presented to you this evening for November Pt to April 15th. But you, as the Administrators of this community, and the Mayor of this City need to decide. I've been in meetings now for four (4) years with David Vanderveen and Steve Camilleri because as a manufacturer in this community, we have made every attempt to employ the homeless. It is a very, very, very difficult issue. I say against for the reason that I want to hold you accountable. We have talked about this. There was a community organization early this year that addressed this issue, specifically with the Gateway discussion, and the City never showed up. The City never attended any of those meetings. So, Gavin Ferlic, I'm going to speak specifically to you. We talk about innovation in this community every day of the week. We should be creative enough to find solutions to this problem. I have a jacket I would love to show you that was designed and produced in the City of Detroit for the homeless. In cooperation they gained the attention of General Motors. It is a jacket and a sleeping bag by Empowerment Incorporated that has produced this jacket that is also a sleeping bag that protects them against the environment overnight that can endure temperatures of twenty(20)below zero (0). They were creative enough to try and solve this problem. Now, granted, Detroit has a huge problem. They have 20,000 homeless folks and we have no idea how many are on the street. You're asking for us to house forty (40) to seventy (70) people a night but, as someone else had said, where do they go during the day. I called the police on Saturday. They love the overhang on our Sibley building. It has a nice overhang and protects them from the wind but they defecate,they trash,use drugs and we have to address this issue. So I'm against for the reason I want to hold you accountable. I'm in favor for this short period of time but I really don't want to be here again next year. The City and this Council need to address this issue and come to the community to look for answers. We are willing to have this conversation. You guys haven't shown up and I apologize. This being the time heretofore for the Rebuttal on the above remarks,the petitioners and presenters were given an opportunity to rebut. Mr. Vanderveen stated, I just want to thank the people who have spoken for and against. We are one hundred percent (100%) onboard that this is not the answer to our community's problems. This is a stopgap and this is to keep people alive over the winter. We are one hundred percent (100%) committed to long-term solutions. We know there are plans in place and we want to make them happen. I appreciate the input and we echo the desire to bring long-term permanent solutions to this community. Councilmember Oliver Davis stated, We talked about this in Area Plan, the sun set around 5:00 p.m. or 5:30 p.m. during this time of year yet the place opens at 8:00 p.m. When I mentioned that you had talked about the eating and why 8:00 p.m. was still a decent time in your opinion. Could you share those thoughts again? Mr. Vanderveen replied,Yes, so most of the folks who use the Weather Amnesty services eat their meals at Hope Ministries,both lunch and dinner. So our plan is to have a check-in process at Hope Ministries.They can come,eat dinner,and then get a ticket or some sort of card. Our dinner service goes till about 7:30 p.m. and then at that point they can walk over from Hope to this location so they won't have to wait outside. Councilmember Oliver Davis then asked,And what time does dinner start? Mr. Vanderveen replied, It starts usually around 6:30 p.m. but they can come earlier and wait in the waiting room earlier, depending on how cold it is. 8 REGULAR MEETING October 22, 2018 Councilmember Oliver Davis followed up, And this is the only Weather Amnesty in the whole County, correct? Mr. Vanderveen replied, The Center for the Homeless is also participating. Councilmember Oliver Davis then asked, Yeah, but between the two (2) of you, you are the only ones? Mr. Vanderveen replied, That is correct. Councilmember Oliver Davis asked,And then the closet one (1) is Goshen? Mr. Vanderveen replied, To my knowledge, yes. Councilmember Oliver Davis stated, Ok, I'm done. Councilmember Gavin Ferlic stated, There was a question raised to security and I just want to make sure that was answered as well. Mr.Vanderveen stated, We will staff that building from 7:00 p.m. to 9:00 a.m. So from 7:00 p.m., we will have staff monitoring what is going on around the building until everyone is in the building. Once they are in the building, they stay in the building and we monitor them. They won't leave and wander around the neighborhood. In the morning,we make sure they leave the area and once they leave the area, we no longer know where they go or what they do. But, during the time and between those hours they are in our care, we have eyes on them the whole time. Councilmember Jo M. Broden asked, In Committee you had talked about this emergency declaration, is there anything in the current petition or with your filings that would disallow this being declared an emergency warming area? Can someone connect that for me? Mr. Vanderveen replied, No. The current language of the lease which we have not finalized does specify that we will only be in the building between 7:00 p.m. and 9:00 a.m. Again, our feeling is if we need it to provide a warming place, we would prefer to do that at our building at 432 South Lafayette Boulevard because we already have staff We would have to add additional paid staff to be in this building during the day. Councilmember Jo M. Broden followed up, So I hear a preference and certainly a staffing hurdle in that case, but nothing specific in the lease. Mr.Vanderveen replied,Currently it is in the lease that says we would not be in the building during daytime hours. Councilmember Oliver Davis stated, That leads to another question real quick. So the difference of when we announce warming centers across the community,could you explain the key difference between the warming centers and their hours of operation and the Weather Amnesty? Mr. Vanderveen replied, Weather Amnesty is an 8:00 p.m. to 8:00 a.m. service. The warming centers are, and you'll have to forgive me as I do not know all the details of the warming centers but, when an Emergency Declaration is made, certain locations are open and made available to folks. I believe it is as long as the declaration is in effect but I don't know for certain. Councilmember Oliver Davis followed up, So when they talk about warming centers,that will not be your location? Mr. Vanderveen replied,No. Mr. Camilleri stated,Typically that declaration is triggered when it is ten(10) degrees below zero (0). I think we can agree that what happens at zero (0), ten (10), twenty (20),thirty (30) and forty (40) degrees, it used to be contingent on temperature. Fourteen (14) years ago, when David and I started, it was when the temperature was twenty-six(26)degrees. There were studies and research out that being outside in a sustained amount of time at that temperature was the breaking point. We thought that was kind of silly,right?Are we going to move it to thirty-two (32)?We just know in this community, somewhere around November 1St to mid-April, it is going to be cold. Frankly, again, we could have used it a couple weeks ago but the emergency warming and cooling centers typically aren't triggered unless it is ten (10) degrees below zero (0) and I believe that is often 9 REGULAR MEETING October 22, 2018 triggered by the County. I'm sure the City makes a call on that as well but we work with the County and the local continuum task force has worked with the County. This is something we are going to need every night from November to April. Councilmember Oliver Davis stated, Got you, I'm at peace. Thank you. Councilmember Sharon L. McBride stated, I think Councilmember Davis touched on it. I know, for instance, the Martin Luther King Jr. Center has warming stations so there are stations throughout the City that are declared warming stations. So aside from Center for the Homeless and Hope Ministries, there are warming stations throughout the City. I just wanted to make sure there was some clarification. Councilmember Jo M. Broden asked, So future leases could contemplate an exception for daytime staying in the event of emergency declaration, correct? Mr. Vanderveen clarified, Do you mean future meaning after April 15? Councilmember Jo M. Broden stated, Or Weather Amnesty in general. I guess I'm trying to find out if there is anything that would preclude us from including or looking at, whether it is you this year or some other individual organization partnering with the City, to trigger that as an option. Warming in place at an Amnesty location in the event of an emergency declaration would be something to look at in the future. Councilmember Jake Teshka stated, I guess I don't like any of this, right? I don't like the agreement that it is called an agreement to rezone. I don't like that sentence in section one (1). I don't like that this feels rushed. But I recognize that is because of, as Ms. Voll recognized, partly on us and our failure to act on permanent supportive housing. So I think whatever needs to be done should be done. I may not have all the information here but just in some brief conversation I've had,I don't think there is a homeless task force that includes elected officials.I think we are invited to come and be there and I want to do that. I will be reaching out to you all because we need to wrap our heads and hands around this issue. I think it is also a regional issue and I think we need regional partners in this as well. We already mentioned the nearest Weather Amnesty is in Goshen and that is ok if South Bend is where it is going to be but I think we need regional partners in this because it is a regional problem. This is a very rushed and an emergency stop-gap measure. This is so that we can protect the lives of folks who would otherwise be out on the streets in the nighttime in sub-zero (0) temperatures this winter. I don't want to be back here and I don't think anyone wants us to be back here this time next year doing this. Whatever it takes, I'm willing and wanting to be a part of it. Whatever it is, let's do it and let's get it done. Councilmember Tim Scott stated, As a representative, sometimes we meet outside our districts. Councilmember McBride and I met with business owners within the triangle between Sample and Michigan. I know Councilmember Williams-Preston could not be there but it was listening to the concerns of the citizens and business owners within that area. I just want to make a statement on their behalf. They are supportive but they have their concerns. They really didn't want to come and speak against or anything like that but they do have concerns of this going in. There are a lot of good things going on in that area. We have concerns about safety for people coming and going. Mossberg Printing is there.Ziker Cleaners,their building as an incubator and some creativity going on there, as well. I know the Sibley Building is getting repurposed. What I am going to say is also to the Department of Community Investment, we need to look at that area for long-term and pay attention to those businesses there. Honestly, it is not in my district. I had to look up Tutt Street on Google Maps to make sure I was going the right way. Driving around it and looking at the area and hearing the concerns, they are concerned. They are supportive of this being in place. Councilmember Teshka, I completely agree with what you're saying but I think there will always be outliers out there that need some type of winter amnesty evening if there is some permanent housing solution somewhere because not everyone can play by the rules but we still have to care for them as they are human beings. I'm supportive of this being temporary. I'm also supportive of this coming back before us and rezoning it back. But I'm also going to say that if we come to this again, we start looking at other places. If this is a shared responsibility to the City, we need to move it around to different parts of the City. They need to make sense for the people who are homeless,but this needs to be a shared experience. We all need to share this burden. I will support it tonight and will support it when we turn it right back. We are concerned about crime and we 10 REGULAR MEETING October 22, 2018 want police there. They will be doing training for awareness and will also patrol that area. We literally met last Monday and Sunday night a gentleman was arrested down in that area for selling synthetic marijuana. We want to make sure everyone is safe and it works for everyone as a temporary solution. Councilmember Oliver Davis stated, First(1St) of all, I would like to thank David Vanderveen and Steve Camilleri for what they do in our community through Hope Rescue Mission and the Center for the Homeless. This is not an easy situation. As a social worker, I clearly understand that. Ms. Voll, I will be calling you. I want to reach out to you. Like the concept of what you shared about the City of Detroit. As you may be aware, last year, this Council passed a resolution regarding putting some of the panhandlers to work. We were unanimous in that decision even though our Administration had a different viewpoint on that.Not all the panhandlers will work, I understand that. But, like I shared with the media, if thirty percent (30%) can be put to work, that is thirty percent (30%) off the streets of what we are dealing with. Thirty percent (30%) in baseball analogies gets you to the Hall of Fame. And so, that is what we have to consider. We have to consider options where we can utilize the strengths of our people who are homeless and utilize their innovative skills and do things. So, I really appreciated your comments and I think we need to do that. I challenge and have reached out and plan to continue to reach out to our Administration to bring that plan back next year and also to continue working with our homeless population. We don't need to be having all these discussions in October or September, we need to start in January so we can make these decisions in warm weather and not necessarily feel rushed. Also, I want to state that I challenge,and I think we need to as a Council and City and I will work with our attorney to do it, and send letters out to the City of Mishawaka, our St. Joseph County and other entities. Today we came together to work together to stop violence. But we need to come together as a community to work on homelessness because when I was going through grad school and social work schools it was the County Mental Health Departments that handled these kinds of issues.The County. Just like we have the Health Department that is the County. It was not the Cities. Cities have their play in it but it was the County. Now, the City of South Bend is taking care of all the County's homelessness situations. Everything. The City of Mishawaka says they are moving forward or St. Joe says we don't have it. Yes you do. St. Joe has it. The City of Mishawaka has it. New Carlisle, Osceola, but everybody comes here. And it puts on this body, on this City Council, on our Mayor, all the pressure when it should be, not only be put on us, but the County Council and President Morton and our Commissioners. So,letters need to be written to our Commissioners, monies need to be set aside from our Commissioners, the County Council, and the City of Mishawaka. It is ridiculous. Our townships need to cover this issue. They aren't going to go all the way over to Goshen to get some help. They are coming here and that covers the whole entire City so I thank those in our community who are doing that but we have to put some more challenging pressures, or, at least invite them to the table where our County officials can help us. Not only, again, with violence because if you take care of these kind of situations, it also cuts into your violence situation. It cuts into a lot of the other things we are dealing with because violence comes in a lot of different ways as we can look at. You heard from tenants tonight. They are scared to be in that situation. That is public safety. This is a public safety issue also and not just a health issue. So I think that as we look at working on making our community safe, it has to have the Prosecutor and everything else, all the officials coming together like we did this morning. Our topic is homelessness as it relates to violence. Homelessness relates to economic development and our Chamber of Commerce needs to look into those kinds of things. So I am pleased tonight to support this and I'm also pleased to know there is a place to go in our daytime too because it doesn't just get cold at night,it is cold throughout the whole day. I appreciate your efforts and I plan to support. Councilmember Karen White stated, I would like to say this is an important issue. What we are doing tonight is a temporary response and I am in total agreement that we have to look at a more permanent solution. I do know the Administration had worked on moving forward the concept of the Gateway Center. That resulted in a lot of different discussions and viewpoints. I would like to challenge not only the Administration but the Council to come together and work towards a permanent solution. We need the right individuals at the table. We have to talk to the citizens,the business communities, and we have to really look at, and I'm in total agreement with Councilmember Davis, beyond South Bend. We have to look at the other entities that should be part of this broad-based discussion. We have to start those discussions now. I do know that there 11 REGULAR MEETING October 22, 2018 are some individuals who have been meeting but we have to make sure as many individuals as possible are part of those discussions. We also need a timeline and strategy so that every two (2) months we should be getting a report in terms of where we are at and what needs to happen as we move forward. I definitely will be supporting this particular bill but a number of efforts and work must continue. Again, we have to open those discussions and look at the broad-based perspective. The City of South Bend is clearly the main provider at the time along with other institutions. We have to look at mental health and a number of social agencies to come together to address this issue. We have to look beyond South Bend and invite Mishawaka and St. Joseph County to be a part of the discussions as well. Councilmember Oliver Davis interjected, You talked about being open. I would just encourage our Administration, as we look at these other meetings, to make sure our attorney knows and is included on this. Any of these legal issues regarding writing up things that will affect homeless issues, it would be nice for him to get information prior to our meetings so we can ask him questions and go over it. The more things we get ahead of time and not have anyone of us to be caught by surprise, I think, it would result in better teamwork. Thank you. Councilmember Tim Scott made a motion to send Bill No. 53-18 to the full Council with a favorable recommendation. Councilmember Oliver Davis seconded this motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis left the meeting at 8:11 p.m. I 54-18 PUBLIC HEARING 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 RUNNING BETWEEN N. TAYLOR AND N. WILLIAMS STREETS. Councilmember John Voorde, chair of the Public Works and Property Vacation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Joseph Weatherly, 420 West Madison Street, South Bend, IN, served as the petitioner. Mr. Weatherly stated,I would like to vacate the alley that neighbors both of my properties for a couple of reasons. Possibly in the future I might like to build a garage on that property. Right now the property is quite small so we would like to make the yard a little bigger. We hope to maybe use it as a driveway and maybe a cut-out. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Amy Mitchell, 411 Lincoln Way West, South Bend, IN, stated, We have a very busy alley. It is dangerous to go out onto William.We could go out on Taylor but if you want to cross over Lincoln Way, it is impossible. So we take the small alley, go out on Madison,hit the light and then we can go onto William. There is an apartment house that is next to me. There are six (6) apartments. There's another apartment house. There are four (4) apartments in there but that is vacant right now. But the other place was vacant too but they redid it. So there is a lot of traffic in that alley. We do need the three (3), the short alley and the long alley. Thank you. This being the time heretofore set for the Rebuttal on the above bill, the petitioner was given an opportunity to rebut. Mr. Weatherly stated, That smaller alley does get a little busy too. I was really hoping to close it off to protect me and my family going between both the properties we own now. Right now it is kind of used as a dog park. People walk their dogs too and don't clean up after them. Right now I'm doing the yard maintenance on both properties trying to keep it really nice. I think if we could have that whole area contained it would brighten the neighborhood up a little bit. Councilmember Gavin Ferlic asked, In the short alley they are referring to, that is the one (1) you would like to vacate, correct? It's not another portion of that alley? They actually use the portion of the alley you would like to vacate? 12 REGULAR MEETING October 22, 2018 Mr. Weatherly replied, That is correct. Some people are still using it but the long alley goes from William Street to Taylor Street and Taylor Street is a really low-traffic street as well. So to get access to those properties off of Taylor Street is pretty easy and safe. In fact,there are less people that park on Taylor Street so you get a better view going that way. William is more trafficked than Taylor, I believe, and there is more curb parking there. Councilmember Oliver Davis returned to the meeting at 8:15 p.m. Councilmember Tim Scott stated, There is a parallel alley between Lincoln Way and Madison and he is on Madison. So on William,which turns into Portage,there is a lot of traffic. Yes, on Taylor there is very little traffic coming that way. First(1St)of all,I will be in support and in favor because I think having alleys that close to the house, there is a safety issue. Of course cars have the convenience of going much faster than people walking. There is the option of taking the longer alley down to Taylor for safety reasons. I'm still supportive of this and this is still an option other than just this alley to go over to Madison. Taylor is very low-traffic. Councilmember Jo M. Broden asked, So, relative to that and the more dense use with apartments that are adjacent to this, there aren't any curb cuts for that parking lot? Did anyone from the Engineering Department look at this? Council President Tim Scott replied, Yes. They were in favor. Councilmember Jo M. Broden followed up, But turning radius' in and out of that parking lot into that alleyway,that has all been cleared? Council President Tim Scott showed Councilmember Jo M. Broden a picture on Google Maps. Councilmember Jo M. Broden asked, So there are two (2)parking lots and the only ingress egress will be through this parallel alleyway, right? Councilmember Jake Teshka confirmed, Correct. Councilmember Jake Teshka then made a motion to send Bill No. 54-18 to the full Council with a favorable recommendation. Councilmember Karen White seconded this motion which carried by a voice vote of nine (9) ayes. 55-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING, CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 14 ENTITLED SPECIAL EVENT ON PUBLIC PROPERTY REGULATIONS Councilmember Jake Teshka made a motion to continue Bill No. 55-18 to the November 11th,2018 meeting of the Common Council. Councilmember John Voorde seconded this motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember John Voorde made a motion to rise and report to full Council. Councilmember Regina Williams-Preston seconded the motion which carried by a voice vote of eight(8) ayes and one (1) nay(Councilmember Oliver Davis). 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 8:19 p.m. Council President Tim Scott presided with nine (9)members present. 13 REGULAR MEETING October 22, 2018 BILLS—THIRD READING BILL NO. 34-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6, FOR A 61.75 ACRE TRACT OF LAND ON THE WEST SIDE OF NEW ENERGY DRIVE APPROXIMATELY 350 FEET NORTH OF STATE ROAD 23, SOUTH BEND, INDIANA (COUNCIL PORTION ONLY) Councilmember Gavin Ferlic made a motion to accept the second (2"d) Substitute version of Bill No. 34-18. Councilmember Jake Teshka seconded this motion which carried by voice vote of nine (9) ayes. Councilmember Oliver Davis requested a letter to be read into the record. Tim Corcoran, Director of Planning for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, stated, On October 16th of this year, Michael Divita of the Planning Department sent a letter to Council and President Scott that talked about the impact of change and the requested zoning on the Blad Annexation Area Fiscal Plan. At the October 8th, 2018 meeting of the Common Council,the Council held a second (2"d)reading on Bill No. 34-18 which proposes a voluntary annex and zone of the Blad Annexation Area into the City of South Bend. Based on public comment at the second (2nd) reading, the petitioner amended its zoning request from GI, General Industrial District, as originally filed, to LI, Light Industrial District. At that October 8th meeting, the Council also adopted the fiscal plan for the Blad Annexation Area. Although the fiscal plan on page four(4) states the petitioner seeks to rezone the land to GI, General Industrial District, please note the petitioner's amended zoning request to LI, Light Industrial District would have no material impact on the policy concerning the provision of services as described in the adopted fiscal plan. Thus, any change requested from the GI to LI for the Blad and Ceres Annexations has no effect on the approved fiscal plan. Councilmember Oliver Davis interjected, Could our attorney, pending the passage of this tonight, could you give the calendar you have outlined in order for this to been taken care of, from the mayor signing it and so many days and all those other kinds of things, remember? Bob Palmer, Council Attorney with offices on the 4th floor of the County-City Building, South Bend, IN, stated, The Mayor must sign it within ten (10) days. At that point there is an appeal period of thirty(30)days from and after the date the Mayor signs. The annexation will be effective at the end of that thirty (30) day period if there is no appeal. If there is an appeal, it will become effective when that appeal is denied if it is denied. The only issue at this point is if there is an appeal filed and it pends in court for up to sixty(60) days,the annexation would not take effect by the end of this year. Therefore, because no annexation can become effective in the year before a census, the annexation would not become effective until January 1St, 2020. Councilmember Oliver Davis interjected, Thank you, I appreciate your kindness. Councilmember Gavin Ferlic made a motion to adopt Substitute Bill No. 34-18. Councilmember Karen White seconded this motion which carried by a roll call vote of nine (9) ayes. 35-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING 14 REGULAR MEETING October 22, 2018 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 (COUNCIL PORTION ONLY) Councilmember Karen White made a motion to accept the Substitute version of Bill No. 35-18. Councilmember Gavin Ferlic seconded this motion which carried by voice vote of nine (9) ayes. Councilmember Oliver Davis requested Mr. Corcoran's remarks to be part of the record for this bill. Tim Corcoran, Director of Planning for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, stated, Just to reiterate,the letter that I read in the previous annexation applies to this. Councilmember Oliver Davis stated, Thank you, I appreciate that. Councilmember Gavin Ferlic made a motion to adopt Substitute Bill No. 35-18. Councilmember Karen White seconded this motion which carried by a roll call vote of nine (9) ayes. 53-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 121 EAST TUTT STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to adopt Bill No. 53-18. Councilmember Gavin Ferlic seconded this motion which carried by a roll call vote of nine(9) ayes. 54-18 THIRD 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 RUNNING BETWEEN N. TAYLOR AND N. WILLIAMS STREETS. Councilmember Karen White made a motion to adopt Bill No. 54-18.Councilmember Oliver Davis seconded this motion which carried by a roll call vote of nine (9) ayes. 55-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING, CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 14 ENTITLED SPECIAL EVENT ON PUBLIC PROPERTY REGULATIONS Bill No. 55-18 was continued to the November 12th, 2018 meeting of the South Bend Common Council. RESOLUTIONS BILL NO. 15 REGULAR MEETING October 22, 2018 18-55 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1715 S. DALE AVE AND 1717 S. DALE AVE Councilmember Oliver Davis, chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with no recommendation due to the absence of the petitioner. 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 presenter for this bill. Ms. Smith stated, The petitioner is seeking a special exception for a two (2) family dwelling unit on these two (2) parcels shown here (referencing a slide in a presentation which is available in the City Clerk's Office) at 1715 and 1717 South Dale Avenue. The duplex will be structured across the property line and requires a special exception approval by the Council under the Single-Family designation. This comes to you from the Area Board of Zoning Appeals with a favorable recommendation and there was nobody at the hearing present to speak on either side of the petition. David Njoroge, 3131 Spring Grove Drive, South Bend, IN, served as the petitioner for this bill. Mr. Njoroge stated, I am the owner of 2010 Investment Group LLC. I am requesting a variance to construct a duplex in two (2) adjacent lots on 1715 South Dale Avenue and 1717 South Dale Avenue. I think the duplex would be a good addition to the community. This will complement the school, church and surrounding houses. This will also help fill the empty lots in the City. I also looked at the study the City commissioned in which the study by Zimmerman&Volk Associates, a housing consulting firm, says that the City of South Bend can accommodate a total of one hundred and eighty (180) to two hundred and thirty (230) new missing middle housing units annually. The City has plenty of space for smaller housing projects in areas where builders haven't always looked. That is what the study says. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or opposition to this bill. Councilmember Karen White made a motion to adopt Bill No. 18-55. Councilmember Gavin Ferlic seconded this motion which carried by a roll call vote of nine (9) ayes. 18-56 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 340 E. COLFAX AVE Councilmember Oliver Davis, chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. 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 presenter for this bill. Ms. Smith stated, The petitioner is seeking a special exception use for the hydro-electric dam which will be located under Seitz Park. As a utility that will be servicing Notre Dame,they require your approval under that special exception. This comes to you with a favorable recommendation from the Area Board of Zoning Appeals. There was no one at the meeting to speak in opposition. Mike Danch, Danch, Hamer & Associates with offices located at 1643 Commerce Drive, South Bend, IN, served as the petitioner for this bill. Mr. Danch stated, I'm representing the City and the University of Notre Dame. As Angela said, what we are asking for is the approval for this special exception so Notre Dame can construct a multi-million dollar hydro-electric facility under Seitz Park. As I had mentioned to Council, it is a fifty (50) year lease between the South Bend Parks 16 REGULAR MEETING October 22, 2018 Board and the University for this facility. As part of the agreement,the University of Notre Dame will also be giving the City$1 million for the improvements to Seitz Park. 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. 18-56. Councilmember Karen White seconded this motion which carried by a roll call vote of nine (9) ayes. Councilmember Gavin Ferlic then made a motion to hear both Bill Nos. 18-62 and 18-63 together for purposes of public hearing. Councilmember Karen White seconded this motion which carried by a roll call vote of nine (9) ayes. 18-62 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ACCEPT A RECOVERABLE GRANT FROM THE INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY, COMMUNITY DEVELOPMENT BLOCK GRANT—DISASTER RELIEF II 18-63 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ACCEPT A RECOVERABLE GRANT FROM THE INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY, LEAD HAZARD REDUCTION DEMONSTRATION GRANT AND HEALTHY HOMES SUPPLEMENTAL FUNDING Councilmember Gavin Ferlic, chair of the Community Investment Committee, reported that they met this afternoon and send these bills forward with no recommendation, due to the lack of quorum. Pam Meyer, Director of Neighborhood Development for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, served as the presenter for these bills. Ms. Meyer stated, These two (2) resolutions are being requested to get your approval of two (2) grants that are being awarded to the City of South Bend that create a pool of resources to address lead in various homes in the City of South Bend. The resolutions are part of the grant agreement so, in order for us to send the grant agreement back to the State to start the process, we need these resolutions approved. The total of the grant awarded is $672,857. It will address lead in homeowner and rental units built prior to 1978 with a priority to those units that will be leased or are owned by families or individuals with children under the age of six(6) and, or, pregnant persons living in the home. Councilmember Oliver Davis asked, What is the key way for the public to reach out to you regarding these grants? Ms. Meyer replied, They can call 311, which many people have been doing. They could also go directly to the State of Indiana and both of those things are on the City's website. They can come to the Department of Community Investment and could also go to the St. Joseph County Health Department.Various other partner agencies in the community like the Near Northwest Community health workers have applications, Community Wellness Partners,the WIC Office has applications and so do hospitals. Councilmember Oliver Davis followed up, While the majority of it is for those who have young children, what about for our senior citizens? A lot of them have older homes. What happens in those kind of situations? 17 REGULAR MEETING October 22, 2018 Ms. Meyer replied, If it is a senior, like a grandparent, who is taking care of a child that spends a significant amount of time in the home, significant time is defined by this application as sixty(60) total hours a year, that house would be eligible. Councilmember Oliver Davis interjected, Ok so the focus of everything else is having the child in that house. That is the key. If they just have an elderly person in that house that will not necessarily qualify for this kind of a grant. Ms. Meyer clarified, It can qualify but it would not be ranked as a priority in terms of number of houses to be done. Councilmember Tim Scott requested Ms. Meyer to recap the Council, via email, on who all to contact for this money. Councilmember Oliver Davis requested that information to be put on the South Bend Common Council website. Councilmember Jo M. Broden requested a fact sheet regarding the relevant pieces and agencies. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or opposition to these bills. Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-62. Councilmember Karen White seconded this motion which carried by a roll call vote of nine (9) ayes. Councilmember Gavin Ferlic then made a motion to adopt Bill No. 18-63. Councilmember Jake Teshka seconded this motion which carried by a roll call vote of nine (9) ayes. 18-64 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4836 WESTERN AVE, SOUTH BEND, IN 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (7) SEVEN-YEAR REAL PROPERTY TAX ABATEMENT FOR NILKANTH, LLC Councilmember Gavin Ferlic, chair of the Community Investment Committee, reported that they met this afternoon and send this bill forward with no recommendation, due to the lack of quorum. 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, Nilkanth, LLC is proposing a Dairy Queen Grill 'N Chill off of Western Avenue. Just to touch on some highlights of the project, (referencing a presentation which is available in the City Clerk's Office) a big part of it is bringing more jobs to the west side of South Bend. We are looking at over $1.6 million of investment between land, property and equipment. Currently the parcel that we are looking at has nothing and there are no taxes being generated. Over ten (10) years, in just real estate property taxes, we are looking at $126,000 of taxes being generated. The parcel size is around one (1) acre. They look to construct a 3,000 square foot building. The timeframe for the build-out is roughly three (3) months. The petitioner would like to get started right away but is still working with bids. Again, over $1.6 million will be invested. As we look at the seven (7) year real estate phase-in property tax abatement, again, we are getting zero (0) taxes on the parcel at this time. $90,000 will be abated over the seven(7) years but they will also be paying over$60,000 over that seven(7) year period. Between the real estate property taxes,the new employment and the taxes from that,we are looking at over$219,000 of taxes over the course of ten(10)years. As we look at the jobs, we are looking at twenty(20)new full-time jobs and twenty-five(25)part-time jobs. This will be year-round. One (1) of the great things about it is in the summer time there should be more jobs created just with the influx of the industry. That area of town, we think it will be awesome. The high school is right there and this may be a lot of students' first (1St) opportunity to work. There are people from the 18 REGULAR MEETING October 22, 2018 community that will be able to walk and that eliminates a lot of the barriers when it comes to transportation for jobs. Mr. Gammage continued, We talked about this being a retail business in our meeting earlier. There are examples of retail businesses that we've given tax abatements to in the last few years and if you look in the Municipal Code, it does allow tax abatements for retail. We've approved the Crooked Ewe Brewery in 2003 as well as Martin's Supermarket which is also located on that side of town in 2016. So, we have seen examples. We look at this as a revitalization area and a tax abatement impact area. So we are really looking at the opportunity to help revitalize and help support new development and job creation in that area. Vandna Patel, 10100 Pemburry Drive, Granger, IN, served as the petitioner for this bill. Ms. Patel stated, As Austin mentioned, he covered pretty much everything. We plan to build a 3,000 square foot Dairy Queen Grill 'N Chill. It would be, of course, a great opportunity for jobs around that area. I already have a small store in the area and the problem we run into is transportation as well as the amount of people looking for a job on that side of town. I have offered jobs to other stores but because of the transportation,they are not able to. I think the amount of questions, phone calls and text messages I get from former employees or current employees demand this. We are trying to create a place to be for families instead of just a fast food place. That is our goal and hopefully we can make that happen. Councilmember Oliver Davis interjected, Yes, Ms. Patel. She knows my concern about my regulation requiring black walnut ice cream. I went over this with her. Council President Tim Scott stated, You are out of order, Mr. Vice President. Councilmember Oliver Davis continued, I know but I did go over this with her on Friday when I met with them. I want to thank her for coming out and Mr. Gammage for coming out. We did discuss the ice cream situation and I think we have made some negotiations on that matter. I felt very comfortable after leaving and after talking with her because we don't have that on that side of town. I think this is going to be really great. It is right across the street from the fitness area there. You can go to the fitness area,then have your ice cream, and Kroger's is right there. I think it is wonderful as it takes the holistic approach from that standpoint, so, I welcome you and thank you. Have you done any further thinking regarding the ice cream situation? Ms. Patel replied, Yes, actually, I've sent an email out to our distributor to see if they have black walnut. Councilmember Oliver Davis interjected, I appreciate that. I thank you. In the sixth (6th) District we will have that. Councilmember Regina Williams-Preston stated, I just want to thank you for bringing this opportunity. Again, this is a nod to Community Investment as well as our wonderful business owners in recognizing the needs of that community. All of the things you are saying, again, you are really paying attention to what is going on in that neighborhood. This gives an opportunity for people to get to work by foot. This investment is right in the middle of that community who needs it so much so I just want to thank you for continuing this effort. One (1) of my favorite spots, and I've already talked to my niece, it is a five buck($5) lunch, we are there all the way. Councilmember Jo M. Broden stated, You've done a great job elsewhere with your other expansions and renovations. I want to acknowledge that and thank you. You have a great track record. I think what is compelling for this petition in that particular location, or even on that corridor, is what you have put forth as a willingness to spur workforce development there. In particular, the training component you have put forth in this petition is great. Certainly, I know a number of kids and high schoolers who have gone to Dairy Queen and have found that as a very good first (1St)job. I understand that is true across your other locations. You've done a great job and, again, what makes this compelling to me is that workforce component that you are trying to hit on this. That is very important in my approval. I wish you the best of luck in that. Councilmember Jake Teshka asked, So the other location you have, what is the plan with that property? 19 REGULAR MEETING October 22, 2018 Ms. Patel replied, Of course, we will have to decide to put that on the market. There were a few inquiries I am trying to follow up on such as a drive-thru taco place. But there is nothing definite yet. Of course, as a business owner I also have a Plan B so that is if I can't do either/or, we plan to put in a small drive-thru car wash. Councilmember Jake Teshka followed up,And now that location is open seasonally?And this new location will be year-round? Ms. Patel confirmed, That is correct. Councilmember Jake Teshka stated,To Councilmember Broden's point,your track record is great. Thank you for bringing this. Again, the compelling part of this is, and Mr. Gammage mentioned this earlier, with the new Martin's there, and this development, you see momentum building on a main corridor. Thank you for that and for all the risks you take as a small business owner. Good luck. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of or opposition to these bills. Councilmember Karen White stated, I just want to really thank the petitioner and Community Investment for addressing the questions I raised in Committee. I appreciate you getting back to me so quickly.Again, as we begin to see what is happening on Western Avenue from Mayflower with the Martin's, we begin to see the impact in that corridor. I'm very familiar with your work and a number of our college students are working in various businesses you own and I know your commitment to work development and supporting the growth in the communities in which you have your businesses. It speaks for itself. I really appreciate the work you have done and continue to do. Also, thank you to Community Investment for getting back to me so quickly. Councilmember Oliver Davis interjected, I will say, real quick, following from what Councilmember White said, I was telling Ms. Patel on Friday that I taught my daughter how to drive in that parking lot. You know, one (1) of the reasons why I was able to teach her there is because there was nothing there. And now, I said we have to find another spot. I was there when K-Mart closed and that was a sad time.I remember talking to one(1)of the Chamber of Commerce people years ago and they said that is not a good side of town to invest in. I was stunned. And now I sit back and we see yours coming and everything else there, it is really nice to drive past there and see so much development and exciting times coming to the southwest side there. The Bypass and everything, so, I'm really grateful for what you are doing. I thank you for including me early on this, so, I appreciate that Mr. Gammage. It is always nice to work with you. Councilmember Tim Scott stated, I want to thank you for your investment as well. I also like the fact you have a Plan B for the other property so it won't sit empty. Anyone Oliver wants to teach to drive, he can teach them how to drive through a drive-thru. Councilmember Gavin Ferlic then made a motion to adopt Bill No. 18-64. Councilmember Oliver Davis seconded this motion which carried by a roll call vote of nine (9) ayes. 18-66 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 W CALVERT STREET, SOUTH BEND, INDIANA 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND ETHANOL, LLC Councilmember Gavin Ferlic, chair of the Community Investment Committee, reported that they met this afternoon and send this bill forward with no recommendation, due to the lack of quorum. 20 REGULAR MEETING October 22, 2018 Dan Buckenmeyer, Director of Business Development for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, served as the presenter for this bill.Mr.Buckenmeyer stated, While it pales in comparison to black walnut ice cream, a $30 million investment in our community is what I will be presenting. Everybody knows what South Bend Ethanol is. It was formerly Noble Americas and recently, purchased this year by Mercuria who has made a very wonderful commitment to invest in this plant and our community. They plan, retain and create some new jobs in an effort to get this plant up to date and up to speed with modern equipment and so on, specifically with, again, nearly $30 million of investment in new equipment they are about to launch on installation in the next few months. It will increase the manufacturing capacity significantly from sixty-five (65) million gallons per year to one hundred (100) million per year. What is important about this, beyond just our City and the jobs that are here, is the ripple effect in the region. In addition to what they are investing now, an additional twelve and a half(12.5) million bushels of corn will be purchased by local farmers such as the ones that were recently annexed. An anticipated ripple effect of about $140 million of direct local economic benefit every year. They will retain sixty-six (66)jobs and with the expansion and increased efficiency of this, it will create five (5) new jobs. (Referencing a slide in a presentation which is available in the City Clerk's Office) he continued, Just to drill down what we are proposing here, it is a five (5) year personal property abatement. It is a phase- in. The amount abated in that period of time will be just over$482,000. On this investment alone, they will still pay $3,220,000. They are a tremendous contributor to the community from a taxes standpoint. In ten(10) years, we estimate they will pay well over$8 million in taxes. Major Rhodes, 1415 Enchanted Forest, South Bend, IN, served as the petitioner for this bill. Mr. Rhodes stated, What we are actually doing is increasing the capacity of the plant from sixty-five (65)million to one hundred(100)million gallons. As Dan said,we will be taking on five (5)more people. This is a two (2)year experience so, it will take a bit of time but we be paying back to the community in roughly$8 million. Councilmember Karen White asked, What is the average income level of those five (5) new employees? Mr. Rhodes replied, Twenty to twenty-five dollars an hour($20 - $25/hr.). Councilmember Jake Teshka stated,Just to reiterate from this afternoon in Committee, if we were to not move forward with this abatement,what would be your contingency plan? Rob Winks, 50948 Hawthorne Meadow Drive, South Bend, IN, replied, The plan would go forward without the abatement. It makes economic sense but the abatement makes it to be a much more viable project.The issue is the plant is running at sixty-five percent(65%)capacity and when you are a process manufacturer, you must use your assets to one hundred percent(100%)capacity. We are basically forced to make this decision because we need to improve the reliability and output. Councilmember Jake Teshka followed up, Thank you for that. I understand that. As part of my job, I oversee a much smaller manufacturing facility and some of the equipment we buy is bought for $150,000. So, not quite to your level. But at the same time, I feel like we know, getting into the business, that was part of it. We needed to make improvements to the infrastructure of our plant from time to time. I guess, for me, I have not seen a real compelling reason to abate in this instance. Councilmember Oliver Davis asked, Where are we with the future of Ethanol? What are the projections of success for this plant? Mr. Rhodes replied, Well, right now our ethanol is at a ten percent (10%) blend. There is an initiative to go to a fifteen percent (15%) blend and that would get us in to more markets. The outlook for ethanol is on the rise. Councilmember Oliver Davis followed up, That's good. And so as you look at the five (5) extra jobs, what stimulated you to consider five (5) extra jobs at this time? Mr. Rhodes replied, Well, as we increase capacity, we are taking more grain from the area and we need five (5) additional people to actually take that grain in. 21 REGULAR MEETING October 22, 2018 Councilmember John Voorde stated, If the ethanol market doesn't quite develop the way you hope it would, maybe you could go to corn liquor or vodka or something like that. Councilmember Oliver Davis stated, I'm his therapist, don't worry about it now. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, I'm glad to see that particular plant still here because I ran gas to that particular plant.And the top portion of that, a three hundred (300) ton crane was sitting on that top part, the crane boom buckled and came back on the crane. The guy survived, of course, by the luck of God. But he is still around. I'm retired now, ten (10) years,from digging gas to that plant. It is still hanging and I hope this project works because I dug the gas line to feed gas to that plant. As I said, go back and check the history. That top part fell backwards on the crane. He is still around so that's a good thing. Councilmember Oliver Davis stated, I'm glad to see the strength of the South Bend Ethanol Plant. Six (6) years ago was a different day. Everything was shut down and it was frightening times for us who live out there. It is amazing to see six (6) years later we are looking at growth and moving forward. I'm glad to see it moving forward. When these kinds of things come to the sixth (6th) District, I would like our Department of Community Investment to keep me up to date with that. We haven't yet corresponded and met and so I would like to reach out to you all. I can walk over there from my house. Let's continue to do that as we continue to see the strength of this plant move forward. Councilmember Gavin Ferlic stated,I think roughly six(6)years ago the plant was out of operation and that cost a number of good jobs in our community and there were also some additional issues that came of that facility not working. I certainly want to continue to support the Ethanol Plant and make sure it is successful. The $140 million of direct local economic benefit is a very big number when you think about local farmers and their ability to have success in our region. Councilmember Oliver Davis interjected, And when you look at that $140 million,just regarding the bills we had with the different farms, a lot of them and with my conversations with the farms from the other zoning issues, many of them do direct business here locally. It is money that stays right here in the City of South Bend and our County. It is not money that goes other places. It is right here so I am glad to see that. Councilmember Oliver Davis then made a motion to adopt Bill No. 18-66. Councilmember Gavin Ferlic seconded this motion which carried by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Jake Teshka). Councilmember Oliver Davis left the meeting at 9:04 p.m. BILLS ON FIRST READING BILL NO. 56-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 4, FOR 17330 STATE ROAD 23, SOUTH BEND, INDIANA (PREVIOUSLY BILL NO. 12-17) Councilmember John Voorde made a motion to send Bill No. 56-18 to the Zoning and Annexation Committee for their November 12th, 2018 meeting for Second Reading and Public Hearing. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of eight(8) ayes. Councilmember Oliver Davis returned to the meeting at 9:07 p.m. 22 REGULAR MEETING October 22, 2018 UNFINISHED BUSINESS Councilmember Oliver Davis requested to get an update on the Ardmore Neighborhood situation regarding the South Shore plan. Councilmember Oliver Davis stated, I saw in the news that they might have a stop in New Carlisle. I mean,if they have a stop in New Carlisle,with all due respect, the idea of having a ten (10) minute speed train goes down the toilet really quickly. No matter where it goes from here, that to me was amazing. The study for that might throw something on this table. That is another reason I think it is important. I'm at peace. NEW BUSINESS Councilmember Oliver Davis announced, The Rum Village Dog Park will open on October 24th, 2018 at 10:00 a.m. PRIVILEGE OF THE FLOOR Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, I would like to.thank the Mayor of the City. He came to the Kennedy Park Neighborhood Association meeting and it means a lot to those people to come out and listen to their concerns and what they are trying to do in their neighborhood. I was proud to see him on the west side. ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 9:12 p.m. 23