HomeMy WebLinkAbout11-12-18 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
November 12, 2018
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE, WE RECOMMEND THE SAME BE APPROVED:
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TIM SCOTT
i TES '
APPROVED BY THE COMMON COUNCIL ON: November 26, 2018
ATTEST: 2'�G�;G -�- �y` �/,
KAREEMAH FOWLER, CITY CLERK
REGULAR MEETING November 12, 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,November 12th,2018 at 7:00 p.m.The meeting
was called to order by Council President Tim Scott and the Invocation(Pastor Jason Miller, South
Bend City Church) and Pledge to the Flag were given.
ROLL CALL
COUNCIL MEMBERS PRESENT:
Tim Scott 1st District, President
Regina Williams-Preston 2nd 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
COUNCIL MEMBERS ABSENT:
Sharon L. McBride 3`d District
OTHERS PRESENT:
Kareemah Fowler City Clerk
Graham Sparks Clerk Executive Assistant
Bob Palmer Council Attorney
REPORT FROM THE SUB-COMMITTEE ON MINUTES
Councilmember Gavin Ferlic made a motion that the minutes of the October 22nd, 2018 meeting
of the Council be accepted and placed on file. Councilmember Karen White seconded the motion
which carried by a voice vote of eight(8) ayes.
SPECIAL BUSINESS
Council President Tim Scott stated, I would like to thank all our veterans for their service to this country
and to us. We will never forget. Hopefully we will not have these meetings again on Veteran's Day.
Councilmember Karen White made a motion to cancel the scheduled December 24th, 2018 meeting of the
South Bend Common Council. Councilmember Jake Teshka seconded this motion which carried by a voice
vote of eight(8) ayes.
REPORTS OF CITY OFFICES
Representing the City Administration: Laura O'Sullivan, Chief of Staff
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:03 p.m. Councilmember Karen White made a motion to resolve into the Committee of the
Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight
(8) ayes. Councilmember Gavin Ferlic, Chairperson, presiding.
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REGULAR MEETING November 12, 2018
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.
56-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA, AND AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN CLAY TOWNSHIP,
CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT NO. 4, FOR 17330 STATE ROAD 23,
SOUTH BEND, INDIANA (PREVIOUSLY BILL
NO. 12-17- PUBLIC HEARING PORTION
ONLY)
Councilmember Karen White made a motion to accept Substitute version of Bill No. 56-18.
Councilmember John Voorde seconded this motion which carried by a voice vote of eight(8)ayes.
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, subject to the
aforementioned Substitute version that includes the written commitments from 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 the presenter for this bill. Ms. Smith stated,
First(1St) of all, thank you for cancelling Christmas Eve. That was one (1) of those days I was not
looking forward to coming in to work. Before you is a petition to rezone the northeast corner of
State Road Twenty-Three(23)and Douglas Road.The property is currently zoned C,Commercial,
in the County tied to a final site plan that limits it to a financial institution. When the property
owner has decided to renovate the property and connect to City Utilities, they were encouraged to
and are here before you tonight to seek an annexation into the City limits of South Bend to CB,
Community Business. The property to the east is already in the City zoned CB, Community
Business. To the north is a daycare facility in the City zoned 0, Office. To the south we still have
B, Business in the County and R, Single-Family. And across State Road Twenty-Three (3) we
have a medical complex and an assisted living facility zoned B, Business and R-Two (2),
Residential. The current site, as you can see here (referencing a slide in a presentation which is
available in the City Clerk's Office), is a former financial institution which will be demolished to
make way for a gas station. There is a grade change and some entrance restrictions here that the
petitioner will be modifying to make this site work. This (referencing a slide in the presentation)
is the site plan that was presented to the Area Plan Commission. Not a significant amount has
changed since the Area Plan Commission meeting, although the entire site has been shifted so that
they can meet the setback requirements. The drive entrance has also been moved further from the
intersection to share with the adjacent property to the east of the site.
Ms. Smith continued, The amended ordinance adds a section of the ordinance to allow for this to
be tied to the written commitments that were presented. We added written commitment number
nine (9) which states there not to be allowed any automotive service or repair on site. At the
Committee meeting this afternoon, that was requested and agreed upon. This came to you from
the Area Plan Commission with an unfavorable recommendation back in 2017. I would be happy
to answer any questions.
Stephen Studer, Partner with Krieg Devault with offices located at 4101 Edison Lakes Parkway,
Mishawaka, IN, served as the petitioner for this bill. Mr. Studer stated, Here also this evening are
the owners of the property and also Mr. Brian McMorrow with Abenmarche who may answer any
additional questions on the site plan. As Angela mentioned, we are seeking to rezone from a
County District C, Commercial to a City District CB, Community Business, thus annexing into
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REGULAR MEETING November 12, 2018
the City. I would be happy to go through the booklet I provided in the Committee meeting(which
is available in the City Clerk's Office)but, in the interest of brevity, it might make more sense if I
ask if there are any additional questions. As Angela mentioned, we did agree to the commitment
that no auto service repair would happen on site.
Councilmember Gavin Ferlic opened the floor to questions from Council Members for the
presenter or the petitioner.
Councilmember Oliver Davis asked, Could you please share about your interaction with the
neighbors and the people who had come to the Area Plan meeting who were in opposition? I think
that would give good understanding of why there would be a change in our decision tonight from
what Area Plan recommended.
Mr. Studer stated, Thank you, Councilmember Davis. There were two (2) issues. One (1) is we
met with Councilmember Davis and Councilmember Broden regarding the site plan and issues
regarding road cuts, cut outs, etcetera. We did make some changes to the site plan. We moved the
entrance on Douglas Road sixty (60) feet to the east so it went from one hundred forty (140) to
two hundred (200) feet. That is part of the written commitments. We had five (5) neighbors,
originally, that expressed some concerns at the Area Plan Commission. One (1) of them I
mentioned was from North Liberty, one(1) was the owner of a competitor, and the other three(3)
were in the neighborhood. We met with two (2) of those three (3) and they expressed no concern
and also advised they would talk to the third (3rd) person as well. Their only concern was that we
were not going to ask for substantial variances that would change the character of the
neighborhood. We are not asking for any variances so they were satisfied and comfortable.
Councilmember Oliver Davis interjected, And what you did with the Exxon sign, you said with
the color?
Mr. Studer replied, That was with the City's Department of Community Investment. Typically
Exxon would have a lit up bright red sign. In order to keep with the character of the neighborhood,
we have toned that down to keep with the current color scheme of brick and browns. So we have
toned it down to meet the current standards of the neighborhood. We have agreed to do that, as
well. By the way as a side note, we will be using a monument sign. No pylon signs will be used as
that is more in character with the neighborhood.
Councilmember Oliver Davis stated, Thank you for that, I appreciate it.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
None from the public wished to speak in favor of or opposition to this bill.
Councilmember Oliver Davis made a motion to send Substitute Bill No. 56-18 to the full Council
with a favorable recommendation. Councilmember Tim Scott seconded this motion which carried
by a voice vote of eight(8) 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.
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the Council
Chambers on the fourth floor of the County-City building at 7:12 p.m. Council President Tim Scott
presided with eight (8) members present.
BILLS —THIRD READING
There were no bills for third (3rd)reading at this time.
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REGULAR MEETING November 12, 2018
RESOLUTIONS
BILL NO.
18-59 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE
PROVISION OF SERVICES TO AN
ANNEXATION AREA IN CLAY TOWNSHIP
(OLD NATIONAL ANNEXATION AREA)
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.
Michael Divita, Planner for the Department of Community Investment with offices on the 14th
floor of the County-City Building, served as the presenter for this bill.Mr.Divita stated,This fiscal
plan is for a one point nine(1.9) acre annexation that has been requested by the property owner of
one (1) parcel located at 17730 State Road 23. As you just heard, the petitioner proposes to
redevelop the site for a gas station. No capital improvements are currently planned by the City as
part of this annexation. Water is already available along both State Road 23 and Douglas Road.
Sewer is available along Douglas, as well. The adjacent portion of Douglas is already within City
limits. A portion of State Road 23 will annex but will need to be maintained by INDOT. The
annexation area will be added to the fourth (4th) Common Council District and served by Police
Beat Eleven (11), Fire Station Three (3), Emergency Medics Three (3) and Code Enforcement
Area Four (4). These and other non-capital services will be in place within one (1) year of the
effective date of the annexation with response times comparable to other areas in the City. I ask
for Council's adoption of the fiscal plan and I'd be happy to take any questions you might have.
Council President Tim Scott opened the floor to questions from Council Members for the
presenter.
Councilmember Oliver Davis stated,I have a question and it may not necessarily be for Mr. Divita.
In reference to this bill, and regarding Bill No. 56-18, the third (3rd) reading on that will be at the
next meeting, correct?
Council Attorney Bob Palmer replied, Correct. State Statute dictates the final Council vote on this
cannot be made until after fourteen (14) days have passed from the public hearing.
Councilmember Oliver Davis followed up, But the fiscal plan, tonight, we'll vote on that?
Council Attorney Bob Palmer confirmed, Correct. The fiscal plan has to be approved before the
annexation ordinance can be voted on.
Councilmember Oliver Davis then asked, So 56-18, next time, will be just a third(3rd) reading? It
won't be heard in the afternoon or in the meeting, correct?
Council Attorney Bob Palmer replied, That is correct. There will be no public hearing. It will be
in Council Portion Only.
Councilmember Oliver Davis stated, Ok, I'm at peace then, sir. Thank you.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
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. 18-59. Councilmember Karen White
seconded this motion which carried by a roll call vote of eight(8) ayes.
18-65 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
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REGULAR MEETING November 12, 2018
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 4836
WESTERN AVE, SOUTH BEND, INDIANA
46619 AS AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF A SEVEN (7) YEAR
REAL PROPERTY TAX ABATEMENT FOR
NILKANTH, LLC
Austin Gammage, Business Development Manager for the Department of Community Investment
with offices located on the 14`h floor of the County-City Building, South Bend, IN, served as the
presenter for this bill. Mr. Gammage stated, Good evening, Council. I am representing Ms. Patel
and Nilkanth, LLC for the Dairy Queen off of Western Avenue. She sends her apologies as she is
unable to make it tonight with family obligations out of town. Again, this is a seven (7) year real
property tax abatement.There will be over$1.6 million investment and over forty(40)jobs coming
to that part of town. The Department of Community Investment is very excited about this
development.
Council President Tim Scott opened the floor to questions from Council Members for the
presenter. There were none.
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. 18-65. Councilmember Oliver Davis
seconded this motion which carried by a roll call vote of eight(8) ayes.
18-67 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 3201 W
CALVERT STREET, SOUTH BEND, INDIANA
46613 AS AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF A FIVE (5) YEAR
PERSONAL PROPERTY TAX ABATEMENT
FOR SOUTH BEND ETHANOL, LLC
Dan Buckenmeyer, Director of Business Development for the Department of Community
Investment with offices located on the 14th floor of the County-City Building, South Bend, IN,
served as the presenter for this bill. Mr. Buckenmeyer stated, Good evening, Council. South Bend
Ethanol was a plant that started production here in South Bend back in 1984. They went through
some financial difficulties more recently.At the end of last year we started to talk to a few different
potential purchasers, including Mercuria who ended up purchasing the plant. We worked with
them starting the end of last year through now to understand how the City should support them in
making this a great investment in the City. Their investment is going to be about $30 million in
new equipment. This is a personal property tax abatement. It will raise their manufacturing
capacity and will make the plant more efficient. It will allow them to purchase more corn from
regional famers. The estimated economic impact across the region is about $140 million annually
in terms of the ripple effect. Sixty-six (66) jobs will be retained and five (5) new jobs will be
created. The average wage there is about thirty-one dollars per hour($31/hr.). With this expansion,
it will also make South Bend a direct international exporter of Distilled Dried Grains. The tax
abatement itself is a five (5) year abatement. During that period, we estimate about $480,000
dollars will be abated. However, during that five (5) year period, they will still pay over $3.2
million in taxes. When you look at it across, and we usually have the slide up here, but across a
ten (10) year horizon with the newly expanded plant, between personal, real and LOIT, their tax
total, even with this abatement, will be well over $8.2 million contributed to the City. The
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REGULAR MEETING November 12, 2018
Department of Community Investment brings this forth with a positive recommendation and hopes
for your support.
Council President Tim Scott opened the floor to questions from Council Members for the
presenter.
Councilmember Jo M. Broden stated, I have a general question in nature. With regard to tax
abatements and TIF dollars, is there an annual report or scorecard relative to these projections in
terms of economic impact, wages,jobs and salaries?
Mr. Buckenmeyer replied, Yes. Specifically with tax abatements there is an annual CF-1 that is
due by May 15 of every year. That outlines all of those elements. That is a track record in terms
of investment made,jobs created, and so on and so forth. Depaitment of Community Investment
tracks that and then, of course, gives you that report by June 15 every year.
Councilmember Jo M. Broden then asked, Does that have a look back as well? So if it is an annual
look, does it go back to tax abatements that were granted four(4) or five (5) years ago?
Mr. Buckenmeyer replied, Well, each tax abatement has its own unique report. So for instance if
a company has a real property as well as a personal property abatement, they would record those
each but separately. It is a cumulative report but we collect those year over year so we can track
annual progress.
Councilmember Jo M. Broden then asked, Does Council get the benefit of that? That is within the
CF-1? The cumulative aspect of those previous abatements?
Mr. Buckenmeyer replied,Yes.
Councilmember Jo M. Broden stated, Thank you. I thought I had remembered seeing that but I
wasn't certain about how much depth goes into that and what is actually reported out. I will follow
up with you on that.
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. 18-67. Councilmember Karen White
seconded this motion which carried by a roll call vote of seven (7) ayes and one (1) nay
(Councilmember Jake Teshka).
BILLS ON FIRST READING
BILL NO.
57-18 FIRST READING ON AN ORDINANCE TO
VACATE THE FOLLOWING DESCRIBED
PROPERTIES: FIRST EAST/WEST ALLEY
LYING WEST OF LAWRENCE STREET AND
NORTH OF CORBY BOULEVARD, RUNNING
WEST 158 FEET+/- IN LENGTH AND
TERMINATING AT AN EXISTING
NORTH/SOUTH ALLEY, ALL IN SOUTH
BEND, INDIANA
Councilmember John Voorde made a motion to send Bill No. 57-18 to the Public Works and
Property Vacation Committee for their November 26th, 2018 meeting for Second Reading and
Public Hearing. Councilmember Karen White seconded the motion which carried by a voice vote
of eight(8) ayes.
58-18 FIRST READING ON AN ORDINANCE TO
VACATE THE FOLLOWING DESCRIBED
PROPERTY NORTH/SOUTH PORTION OF
6
REGULAR MEETING November 12, 2018
SAMPSON STREET 40' IN WIDTH RUNNING
SOUTH 140' FROM S RIGHT OF WAY OF E.
RANDOLPH STREET ENDING AT N RIGHT OF
WAY OF EAST/WEST ALLEY BETWEEN
ROBINSON AND HOKE STREETS
Councilmember John Voorde made a motion to send Bill No. 58-18 to the Public Works and
Property Vacation Committee for their November 26th, 2018 meeting for Second Reading and
Public Hearing. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote
of eight(8) ayes.
59-18 FIRST READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1405 & 1505 EAST
HOWARD STREET, COUNCILMANIC
DISTRICT NO. 4 IN THE CITY OF SOUTH
BEND, INDIANA
Councilmember John Voorde made a motion to send Bill No. 59-18 to the Area Plan Commission
for their meeting on November 18th, 2018 and the Zoning and Annexation Committee for their
January 14th, 2019 meeting for Second Reading and Public Hearing. Councilmember Gavin Ferlic
seconded the motion which carried by a voice vote of eight(8) ayes.
60-18 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AUTHORIZING THE
ISSUANCE AND SALE OF AN AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED
$4,800,000 OF CITY OF SOUTH BEND,
INDIANA, ECONOMIC DEVELOPMENT TAX
INCREMENT REVENUE BONDS FOR THE
COMMUNITY EDUCATION CENTER
PROJECT, DESIGNATING THE BONDS AS
LIMITED OBLIGATIONS OF THE CITY, AND
AUTHORIZING AND APPROVING OTHER
ACTIONS IN RESPECT THERETO
Councilmember Gavin Ferlic made a motion to send Bill No. 60-18 to the Community Investment
Committee for their November 26th, 2018 meeting for Second Reading and Public Hearing.
Councilmember Karen White seconded the motion which carried by a voice vote of eight(8) ayes.
61-18 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 17
OF THE SOUTH BEND MUNICIPAL CODE TO
ADD A NEW ARTICLE 14 ESTABLISHING
INTERIM STORM WATER UTILITY RATES
AND AMENDING CHAPTER 2, ARTICLE 14 TO
CREATE A NEW FUND FOR THESE
REVENUES TO BE KNOWN AS THE STORM
SEWER FUND (#667)
Councilmember Jake Teshka made a motion to send Bill No. 61-18 to the Utilities Committee for
their November 26th,2018 meeting for Second Reading and Public Hearing. Councilmember John
Voorde seconded the motion which carried by a roll call of six (6) ayes and two (2) nays
(Councilmember Jo M. Broden and Councilmember Oliver Davis).
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REGULAR MEETING November 12, 2018
UNFINISHED BUSINESS
BILL NO.
18-69 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 1320 MIAMI
STREET
Councilmember Gavin Ferlic made a motion to send Bill No. 18-69 to the Zoning and Annexation
Committee for their November 26th, 2018 meeting for Second Reading and Public Hearing.
Councilmember Karen White seconded the motion which carried by a voice vote of eight(8) ayes.
NEW BUSINESS
Councilmember Karen White stated, Tomorrow, Tuesday November 13th, we will be having a
meeting with the faith leaders of the third(3r')and sixth(6th)districts in regards to the community's
response to synthetic drugs. That will be held at Southgate Church located on Michigan Street and
that will go from 6:00 p.m. to 7:30 p.m. Also, on Tuesday November 27th, we will continue a
discussion on TIF that started during our recent budget process. A meeting has been scheduled on
that from 5:00 p.m. to 7:00 p.m. and that will be in the Council Conference Room.
Councilmember Oliver Davis stated, I heard there was some State legislation that regarded TIF
dollars and people that get abatements. There is some kind of, um, well I'll have to get back with
you on that. I will send you information. There is something about ten (10) years and they pledge
they will do something and then after those ten(10) years, if it is a certain area of the community,
it can be wiped away like a distressed area.
Councilmember Karen White requested Council Attorney Bob Palmer to follow up with that
information and do some research on that concept.
Councilmember Regina Williams-Preston stated, I'm requesting an update at the next meeting on
the South Bend Home Improvement. We've had over four hundred (400) applications and would
like to know how the processing is going.
Council President Tim Scott delegated that update to the Community Investment Committee.
Councilmember Jo M.Broden stated,The Clubhouse of St.Joseph County is having an open house
on Wednesday, November 14th at their new home, 1153 Northside Boulevard. That is from 5:00
p.m. until 7:00 p.m.
Councilmember Karen White asked, Councilmember Broden, did you schedule a community
meeting for this month? Is that still being scheduled?
Councilmember Jo M. Broden replied, Oh, that is just for the North East. That is not a Council
Meeting. It is up to every Council Member to come but it is not an official meeting. They have
asked City Administration members to be there as well.
Councilmember Oliver Davis stated, We have a neighborhood Rum Village meeting on
Wednesday at 6:00 p.m. Then there is another neighborhood meeting at Our Lady of the Road on
Sunday at 4:00 p.m. The Wednesday meeting is at the Oliver Apartments, if you would like to
come to that one(1). As you have all received a copy, this past Sunday, I sent out a Call to Action
regarding Weather Amnesty in St. Joseph County. It was our understanding that Weather Amnesty
was going to start on November 1 and go through April 1 and, as we can all see, the cold weather
has come to our area. Snow is outside in terms of it falling and everything is cold. And so there
are three (3) different key parts and I would like for our Clerk to please read the Call to Action
from that standpoint. But before that, I did speak with our Attorney and could you please share
your advice you gave me about reading it into the record.
8
REGULAR MEETING November 12, 2018
Council Attorney Bob Palmer stated, My advice was simply that, to read it into the record, it was
going to need to be a written resolution. This is a statement from you, as a Council Member, to the
public.
Councilmember Oliver Davis stated, Ok, thank you.
City Clerk Kareemah Fowler stated, From Councilmember Oliver Davis: A Call To Action
Regarding Weather Amnesty in St. Joseph County, November 11th, 2018. Dear Local City and
County Elected Officials, Whereas the Homeless Weather Amnesty site serves people from St.
Joseph County. And, Whereas the cold weather of below freezing temperatures is now in effect in
our area. And, Whereas the Homeless Weather Amnesty Site was scheduled to be opened on
November 1st, 2018. And, Whereas the Homeless Weather Amnesty Site requires a fire inspection
to receive a permit to open is needed. And, Whereas the delay in opening the Weather Amnesty
Site has caused residents of our area to sleep in the cold. And, Whereas the Homeless Weather
Amnesty Site is now scheduled to be opened on December 1St, 2018. And, Whereas our local
governments have buildings which have been used as warming sites. Therefore the following is
being requested of our local City and County Elected Officials: Section One (1): That our local
governments open up warming sites until the Weather Amnesty Site is opened for use. Section
Two (2): That letters be sent from each of our governments to State officials to expedite the
opening of the site. Section Three (3): That our local governments come together in the year of
2019 to plan solutions for homeless populations. Sincerely, South Bend Councilman Oliver Davis,
District Number Six (6),Vice President of the South Bend Common Council.
Councilmember Oliver Davis stated, Thank you. Urn, when you look at our goal in reverse, in
2019 I would like for us, as you see did not just address the letter just to our local official here in
the City of South Bend because as we have discussed issues regarding homelessness, it is not just
a South Bend issue. It is an issue that affects the City of Mishawaka, the City of South Bend, the
whole St. Joseph County and probably those coming from Michigan and other areas. So it's really
a time for us, as we have done in other bodies, I really believe in this concept of us local elected
officials coming together on major issues that have affected all of us. Hopefully in 2019 we can
have a meeting to invite the City of Mishawaka and the County Leaders to have a full-fledged
discussion. Not only on the issue of Weather Amnesty but also about what we are already doing
in our community. We are doing a lot of things and that is why people come here. We need to
highlight our strengths and also look at ways we can definitely improve.This is back to back years
we have missed the target date for November 1St and so let's look at what we can put in place on
an earlier basis. We all know it will snow and it will get cold. So, let's go ahead and do that.
Councilmember Oliver Davis continued, Point number two(2), I read an article in the South Bend
Tribune which was good. In terms of some officials may need to be contacted downstate, I don't
know who they are but if we could determine who they are and if we could individually, or those
who would like to send a letter, could send a letter and let them know that we would like done
whatever to be done to expedite the time. I don't want to have to go through the next three (3)
weeks or so through Thanksgiving and the holidays, that is just a concern of mine. Then I
explained,in terms of number one(1),when we were looking at bringing everybody together from
that standpoint.We need to make sure we are on target with everything. Looking at not only a City
of South Bend effort but a whole community effort of us coming together as elected officials and
this was sent to all. Because,with all due respect to Mayor Pete, so much of the pressure has been
on the 14th floor issue regarding this matter and I do believe this should not just be just in his office.
I think this should be, as you see in the letter, Mayor Wood, President Morton and President
Kostielney so we can all come together to address this kind of a situation as our local community.
Any other comments or any other issues you would like to share?
Councilmember Jo M. Broden stated, I guess I would like to comment. I would like to thank you
for your initiative in compiling this letter. I support your call for cross-municipality collaboration.
Foremost, we certainly need to hit this Amnesty date, I mean, that is a minimal threshold for us,
as a community,to provide. We have a very active community that is huddled,that is meeting and
providing direct services. They are doing an outstanding job. They are leading the country and
leading other communities. We have made historical investments and have also dedicated, I think,
a historical amount of time to try and develop solutions. But missing this deadline, again, I think,
is very problematic. I think it is indicative of, not just the need for cross collaboration, but also,
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REGULAR MEETING November 12, 2018
and as I had unsuccessfully attempted to make the case during the budget hearing and even in the
earlier hearings last year,we really do need sustained leadership.We need sustained staff members
working on this on a regular basis because it's not just punching the check-off of a timely weather
amnesty facility opening. We have a huge,huge project that we, as a community, with the help of
partners who have been in this field for years, have spoken about the need for the broader Center.
That would be a non-shelter. Those are just the small things. And then there are big things, I think,
that are on our list to get done as a City. Those are addressing and kind of try to efficiently deal
with, what I consider, symptoms, not really the underlying problems. We need to have sustained
support and leadership, and I'm going on a limb here and I really don't care, and someone who
has the ability and the day-to-day wear-with-all to tackle this problem, and not just the symptoms,
to go at the root causes. I think the service providers have asked for leadership from us. And not
just from the City of South Bend but also from leadership from other municipalities to, frankly,
pony up so that we can do more in addressing the symptoms and the root causes. I recognize we
are working awfully hard within the Depat intent of Community Investment and within this
Administration. Again,we have unprecedented levels. However,we are at a critical time. We have
critical needs and I think we need dedicated staff toward it that can help pull together and even
shift some of our service models that we have been used to and that we have been trying to use to
get at the problem. There are some radical shifts. I think the Task Force report was a start but there
is a flurry of activity and then it drops. I think we really need a sustained person and if it is the
City of South Bend that has to lead it,then, good for us. We should do it.And it doesn't take much.
There are great models in other cities. Indianapolis is a fine model. The Community Foundation
of St. Joseph County has come on board. Large organizations like the Lily Endowment. We had
business community leaders sit here last week, the Voll's I'll just name them, they are only
reflective of a much larger business community that want this solved.They want creative solutions.
But until we have somebody that is actually focused on and tasked with this day to day, then we
are just going to continue being fragmented and will continue to miss critical deadlines. We can't
afford to do that. It is a reflection on us and our ability to do one(1) of our basic City jobs. That is
housing. As I said, we have been leading but I think we need to do more and we need to make an
investment. Maybe it is some job description changes but this can't be volleyed around and we
can't throw stuff at the neighborhoods. This is a tough issue. If it was easy it would have been
solved a long time ago. I've had thirty (30) years in this field both deep in it and on the sidelines
The environment has changed. We need to somehow keep up with that change in a manner that
moves the needle in a much more time efficient manner to hit deadlines at a minimum. For God's
sake, the Weather Amnesty date. Thank you for your leadership on the letter.
Councilmember Oliver Davis stated, I'm at peace. Again, I thank you for your comments,
Councilmember Broden. You summarized it very well. So again, I encourage us all to join that
Call of Action and talk to our leadership. We all have different people we have influence with so
just share that with them. I thank those who are already doing something. And let's move forward
to take care of our obligations, thank you.
Councilmember Karen White stated, Councilmember Davis, part of your Call to Action was to
pull the various entities together. Who will be doing that? What is the timeframe and when is that
going to happen?
Councilmember Oliver Davis stated, Good question. Um, my job is to, I would like to do this
earlier in the spring so you will be hearing me come back with it. Again, it is similar to what we
had done with, I know President Scott is working on that with the issue of transportation he told
me, something on that same matter, where we come together. And that is just a starting point and
then I envision us having representation from people,plus we want to have people at the table who
are dealing with homelessness, service providers, plus people who are actually dealing with
housing instability themselves. So many times leaders make all the decisions for people but we
want to have the input of people who are actually going through that so we can form a strong
collaboration. We want to hear business leaders and people who are actually living the challenges
because everybody sees the elephant from a different viewpoint and we need to make sure we get
a good picture of it.
PRIVILEGE OF THE FLOOR
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REGULAR MEETING November 12, 2018
Sharon Banicki,3822 Ford Street, South Bend, IN, stated,As I promised you earlier,Tim, I'll keep
it short and sweet. As most of you know, I was privileged and blessed to get my sidewalk and curb
replaced. I'm the only one in the block. Oliver took care of me and, of course, all the rest of the
neighbors hate me. My concern is that the curb is already cracking. I went by a couple of the other
places where the City did the Curb and Sidewalk Program and I thought it was odd when they did
mine. They didn't do the whole sidewalk. They did just the tree lawn part of the sidewalk but they
didn't do the sidewalk in front of my driveway, nor did they do the driveway entrance itself. I'm
not sure if that should have been done. I don't know who to contact to see if it was supposed to be
done. I already sent Oliver pictures of it because it was within thirty (30) days of them putting it
in that it was cracking. Um, yeah. So obviously it won't last another thirty years if it is already
cracking. I hate to rain on your parade.
Councilmember Oliver Davis interjected, She's correct.
Ms. Banicki continued, Also, I have a friend that lives in Southmore Housing and it seems to me
that the City Council gave Miami Hills tax abatements or helped them with redoing their housing.
Part of the deal was they were going to clean it up and get rid of the rough environment that is
living there and that hasn't happened. She has had three (3) shootings from Miami Hills which
butts up against Southmore within a month. I don't know if there is anything the City can do to
help. As far as getting rid of the felony conviction people that live there, they never moved them
out. They are still there. It is still a rat hole so I don't know if there is anything that you could do
to help people in Southmore who are living there. Thanks, Happy Thanksgiving!
Sue Kesim, 4022 Kennedy Drive, South Bend, IN, stated, I spoke with Gavin earlier about a
project. As a citizen advocate, I have a lot of resources that I use when people ask me questions
on how to get help with something. I gave him about twelve(12)brochures, I want to say. I asked
that the Clerk's Office scan them in and they would be on your counter top so if you have a citizen
ask you, you would have that resource as well. We are in an electronic age, (waving at the camera)
those people listening at home, I think you should be able to give comments, too. I would like the
ability to be able to email questions or tweet questions or whatever for the Council and be able to
be part of the process from their house. I think we should be able to do it and that is part of my
ADA part of being a citizen advocate. I would like to remind everyone that the outstanding debt,
and I went on the State website today, for the City of South Bend is $290,495,504. That works out
to $2,871.42 per person in South Bend. The State thinks that anywhere between eight hundred
dollars ($800) to $1,400 is reasonable and we are at double that. $2,800 per person in South Bend
with a current debt load. I think the Council needs to look at the debt bubble. It looks like it doesn't
drop off until 2024 and so when considering new debt,bonds, and things like that, I think we need
to be real cognizant of that because if there is an economic downturn, which of course happens,
and the COIT suddenly drops,that is really going to create a shortfall. On a personal level, I helped
someone who is homeless at the Homeless Center. He's back on his feet. He has his home and is
back with his daughter and I got to thinking about that. I took on one (1) individual. I can't take
on everybody and I think we need to create, if you look at the AA model where someone has a
sponsor, I think that churches and religious organizations could adopt one (1) homeless person,
sponsor them, and make sure they get their clothes, medication, get to their appointment and get
them to whatever programs they need. I think, you know, what is it? Light work among many
hands. I think that is something we could do. Faith In Indiana might be a good bridge between the
group of homeless providers and the Faith Groups in Michiana.
Councilmember Oliver Davis interjected, Real quick,could we clarify for the record, and we don't
always do this, but with the issue of the bond and the monies scheduled for Miami Hills?
Council President Tim Scott replied, Yeah, and I stated it earlier today. This Council approved a
bond for them to take out money for improvements. They never followed through on that bond.
Because it was a bond within a municipality, it had to come through us for our blessing and they
never did follow up on that. I also think they went for a tax credit and I think that also may have
come before us and they didn't do that. We will talk more offline about that.
ADJOURNMENT
There being no further business to come before the Council, President Tim Scott adjourned the
meeting at 7:52 p.m.
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