HomeMy WebLinkAbout12-10-18 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
December 10, 2018
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE, WE RECOMMEND • : APPROVED:
TIM COTT
L4 • 1
A:I TESHKA
APPROVED BY THE COMMON COUNCIL ON: January 14, 2019
ATTEST:
• REEMAH 'OWLER, CITY CLERK
REGULAR MEETING December 10, 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,December 10th,2018 at 7:00 p.m.The meeting
was called to order by Council President Tim Scott and the Invocation(Oliver J. Davis, 6th District
Common Council Member) 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 3`d District
Jo M. Broden 4th District
Jake Teshka 5th District
Oliver J. Davis 6th District, Vice President
John Voorde At-Large
Gavin Ferlic At-Large, Chairperson Committee of the Whole
Karen L. White At-Large
OTHERS PRESENT:
Kareemah Fowler City Clerk
Jennifer Coffman Chief Deputy Clerk
Bianca Tirado Deputy Clerk
Graham Sparks Clerk Executive Assistant
Bob Palmer Council Attorney
Gabriel Murei City Clerk Intern
REPORT FROM THE SUB-COMMITTEE ON MINUTES
Councilmember Gavin Ferlic made a motion that the minutes of the November 26th, 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.
18-72 A RESOLUTION CONGRATULATING THE
SOUTH BEND EASTSIDE YOUTH BASEBALL
AND SOFTBALL TWELVE (12) YEAR OLDS
FOR MAKING IT TO THE 2018 WORLD
SERIES PLACING FORTH (4TH) PLACE IN
THE BABE RUTH WORLD SERIES
Councilmember Gavin Ferlic, 1109 Duey Avenue, South Bend, IN, served as a presenter for this
bill.Councilmember Ferlic stated,Whereas,the South Bend East Side 12U All Star Softball team's
record the entire All-Star Season was sixteen (16)- four (4); and, Whereas, and I want you all to
pay attention because these are some phenomenal numbers right here. East Side dominated in state
competition playing six(6) games and outscoring their opponents seventy-four(74)- one(1). East
Side's lights-out pitching was led by Savannah Hamilton who pitched against twenty-four (24)
batters throwing one-hundred two (102) pitches, seventy-five (75) of which were strikes. Other
pitchers Kadence Brumitt,Jessica Cleveland,Taylor Kinkade and Allie Miltenberger combined to
face forty-six (46)batters throwing a total of one-hundred fifty-two (152)pitches, eighty-two (82)
of which were strikes;
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REGULAR MEETING December 10, 2018
Councilmember Jo M. Broden, 1319 Ostego Street, South Bend, IN, served as a presenter for this
bill. Councilmember Jo M. Broden stated, Whereas, East Side earned second (2"d) place in the
Regional Tournament and was invited to play at the Babe Ruth World Series in Treasure Coast,
Florida. To participate in the World Series, Eastside had twenty (20) days to raise funds to help
cover travel expenses. With the help and support from their parents and sixteen (16) sponsorships
from the South Bend community, the team was able to raise nearly$7,000.00; and,Whereas, East
Side beat both the Regional Champion,Jeffersontown, and the 2017/2018 World Series Champion
Patterson in the first (1St) two (2) games of the World Series tournament. East Side had only one
(1)tournament loss going into the semi-final of the World Series and would end up claiming fourth
(4th) place in the Babe Ruth World Series; The members of the East Side Softball Team include:
Dan Camacho, Mike Hamilton, Arnie Petrie, Mike Rudge, Selena Botello, Kadence Brumitt,
Gianna Camacho,Jessica Cleveland,Rayleigh Dodd, Savannah Hamilton,Jadyn Handley, Kaylee
Hoggard, Taylor Kinkade, Ashlyn Kronewitter, Allie Miltenberger, Peyton Rudge, Shannon
Rudge, and Lillie Thornsberry.
Councilmember Jo M. Broden continued, Now, therefore, be it Proclaimed by the Common
Council as follows: Section One (I) On behalf of the citizens of the City of South Bend, Indiana,
and as elected Members of the South Bend Common Council,we are pleased to publicly recognize
and congratulate the South Bend East Side 12U Softball Team's achievements. Congratulations to
the South Bend East Side 12U Softball Team. We wish you more success in the coming years.
Signed this 10th day of December in the year 2018 in the City of South Bend, the County of St.
Joseph, in the State of Indiana. This Resolution shall be in full force and effect from and after its
adoption by the South Bend Common Council and approval by the Mayor.
Dan Camacho, 53200 Ironwood Road, South Bend, IN, stated, Thank you very much. This is very
much appreciated. We couldn't have done it without the girls. They are the ones who played the
game. We just told them what to do. Did they listen? No, but they are twelve(12) year old girls so
what do you expect? It was an incredible run for the team. We have four(4) girls on the team from
last year that went to the World Series as well. So we made it again this year. Our goal was to win
the whole thing and we ran into a stumbling block. It was hot. It was one hundred and four (104)
degrees and was one hundred and twenty(120)degrees on-field temperature. We ran out of steam,
but I couldn't be any prouder. It was fun.
Gianna Camacho, 53200 Ironwood Road, South Bend, IN, stated, I'm one (1) of the four players
and this is my second (2"d) time going to the World Series. In 2017 when we went to the World
Series, we placed fourth (4th) place too. We lost to the World Series Champions by only four (4)
runs. It was a good run that year, too. We also went undefeated and won the State Championship
that year. So that makes two (2) undefeated State Championship years. I think I might love this
team more than the 2017 team. I'm friends with all of them and they are like family to me. Are
there any questions?
Council President Tim Scott opened the floor to questions and comments from Council Members.
Councilmember Regina Williams-Preston stated,Absolutely, congratulations. World Series?That
is phenomenal. We look forward to seeing the 2019 team. Anyone coming back for that? Some?
A few? Ok well for those of you moving on, way to go and congratulations. You leave quite a
legacy. For those who will be back next year, we look forward to seeing you here again and,
maybe, with the championship.
Councilmember Sharon L. McBride stated,Congratulations to the coaches and to the young ladies.
Wonderful job. I am a huge sports fan and coach, so this is always exciting. Thank you, Council
Members, for bringing forth this resolution. It is indeed an honor to see such young ladies play
with heart and team effort and to do it so gracefully and with a lot of fight. Congratulations to you
all.
Councilmember Jake Teshka stated, Congratulations to you ladies and coaches. It seems we were
just here honoring the boys, right? I don't know, we have to check the water in the east side here.
Congratulations and way to represent our City well.
Councilmember Oliver Davis stated, Congratulations in all that you will do. A special
congratulations to all the parents out there and all the sponsors. To raise $7,000 at the last minute
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REGULAR MEETING December 10, 2018
and to put it all together like that, that shows that all your team members have parents who love
you. You have people who love you and you rise up on their shoulders for greatness. And that is
really important because not everybody has that, but you are born rich and you have that kind of
concept. But it is not just money, it is the investment and the wisdom and the encouragements. I
can see it through you, you know? You can see the dads and you can see that kind of thing. When
you have parents behind you, it gives you more strength than anybody else can say. And so, it is
great. Treasure what you have because not everybody has that. Congratulations.
Councilmember John Voorde stated, It is a wonderful thing. This area has a long history of
producing champions and you've certainly added to that legacy. That is something to really be
proud of to see your efforts and dedication rewarded. Congratulations.
Councilmember Karen White stated, I would like to add my word of congratulations as well as
thanking each one of you for your commitment to the sport and, most importantly, your
commitment to do the work. The discipline, dedication and working together have given you the
results that you have now. I can see there is a level of collaboration and a level of friendship among
each one(1) of you. I challenge you to cherish that and maintain that as you move forward in your
career and through your educational journey as well. You've made us proud and we are very
pleased to be able to be a part of it by giving this resolution to each one(1) of you.
Councilmember Tim Scott stated, With this resolution, you go in the history books. This will
forever be part of South Bend's governmental history. Back from 1865 until today, your names
are in that record book.Councilmember Tim Scott then initiated a round of applause for the parents
of the players.
Mr.Camacho stated,One(1)more thing. Patterson Louisiana was seventeen and one(17-1)overall
through the tournament. Their one(1) loss was to us.
Councilmember Tim Scott continued, One (1) thing I love seeing in doing these resolutions is so
many people say you have to be in warm weather to play baseball and softball and that is not true.
It is about the hard work you guys do. I know it is getting cold out there and you will be indoors
practicing so keep up the good work. We are so proud of all you ladies. Thank you so much.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Taylor Kinkade, 2937 Norfolk Court, Mishawaka, IN, stated, I was number seven (7). I played
first(1st)base and pitcher. That is my mom. Thank you, all of you.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-72 by acclamation.
Councilmember Karen White seconded this motion which carried by a voice vote of nine(9) ayes.
18-75 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
THANKING DR. DARRYL M. HELLER FOR
HIS CONTRIBUTIONS TO THE SOUTH BEND
COMMUNITY
Councilmember Regina Williams-Preston, 838 North Elmer Street, South Bend, IN, served as a
presenter for this bill. Councilmember Williams-Preston stated, It is with great pleasure and
sadness that I bring this resolution to you today. This honors a man that stands before you as,
really, a beacon and an example for citizens all throughout our community.
Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as the presenter for this
bill. Councilmember Oliver Davis stated, Bill Number 18-75, Resolution 4681-18. A Resolution
of the Common Council of the City of South Bend, Indiana,thanking Dr. Darryl M. Heller for his
contributions to the South Bend Community. Whereas, Darryl Heller was born in Aiken, South
Carolina, the grandson of sharecroppers, and a son in a military family. He went to twelve (12)
different schools between first (1st) and twelfth (12th) grades and his love of education led him to
become a first (1st)-generation college student at the College of Charleston where he received a
BA in Philosophy; and, Whereas, Darryl developed a deeply held commitment to social justice
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REGULAR MEETING December 10, 2018
when in his last year of college he worked on a life changing project focused on migrant farm
workers where he witnessed the oppressive conditions under which they toiled; and he spent the
next several years working in non-profit, community-based settings dealing with the homeless,
hunger, and HIV/AIDS; and, Whereas, organizing at the grassroots level, Darryl taught in and
supervised work readiness programs, developed trainings to confront the digital divide in inner
cities,directed community development projects;he co-founded the Amistad Institute,a non-profit
with the mission to design, develop and implement replicable programs for inner-city
communities; and Whereas, his work in the trenches with marginalized communities awakened a
long-standing interest in United States history, especially as it relates to labor, the African
American experience, and mechanisms in which race is constructed and deployed in the interests
of the dominant society and culture; and Darryl's personal mission led him to obtain a Master's
Degree in American Studies from Columbia University and his PhD in history from the University
of Chicago; and, Whereas, Dr. Heller found his way to South Bend in 2015, where he became the
Director of Student and Community Engagement and the Director of the Civil Rights Heritage
Center at Indiana University South Bend. This off-campus location was designed to build
collaborative relationships among students, faculty and the broader community relating to issues
of civil rights and social justice; and, Whereas; the Civil Rights Heritage Center operates out of
the former Engman Public Natatorium, a once segregated city-owned and operated swimming
pool, it now hosts public lectures, programming, and exhibitions on topics related to civil rights
and social justice.
Councilmember Regina Williams-Preston stated,And, Whereas,under Dr. Heller's leadership the
Civil Rights Heritage Center has set three (3) consecutive records for the first (1St), second (2n1),
and third (3rd) best attendance and renewed its reputation as a place for community exploration
into the history of marginalization and oppression, its current impacts, and its contemporary
manifestations; and, Whereas, the center came alive with work that stirs the soul to action. Guest
speakers,film screenings,poetry jams,and historical lectures brought together an intergenerational
community of activists, students, teachers, and professors. People of faith, peace, labor, and law
gathered to act on their commitment to justice. Dr. Heller personally played crucial roles in
advancing the work of many social justice organizations including Michiana Social Justice
Coalition and Community Action for Education(CAFE), and even served on the board for Imani
Unidad,and the Community Forum for Economic Justice and,Whereas, a unique mix of academic
and activist, Dr. Heller navigated political and social communities with ease creating an ever-
expanding circle of influence. His opinion articles, lectures, and keynote speeches called out the
dynamics of institutional oppression, spoke truth to power, and challenged community leaders to
make real change;and,Whereas,in recent years,Governing Magazine rated South Bend as a"High
Performing Race Conscious City", there is no doubt that in his short time here Darryl's work has
made a significant contribution to the momentum moving us forward towards our goal of racial
and economic justice.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 publicly offers its
gratitude to Dr. Heller for his role in making South Bend a more informed and better community
which recognizes its past and looks forward to its future. Section Two (II). The Common Council
wishes Dr. Heller continued success as an educator and organizer for social justice in his new
position. Section Three (III). This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor. Thank you, Dr. Heller.
Councilmember Oliver Davis stated, When you look at that, a lot of times people come to a
community and they just work. He came to this community and really became a part of it and has
made it better. It's hard to think you've been here for such a short time because you've done so
much. You've done a lot. I want to make sure you always keep this City on your heart because
you will be on our thoughts and minds as we move forward because we are better because of you.
I want to thank you for that.
Dr. Darryl Heller, 835 West Colfax Avenue, South Bend, IN, stated, First (1St) of all, thank you
for this. It's been my honor and privilege to serve as the Director of the IU South Bend Civil Rights
Heritage Center. This is more than I ever expected because,in a sense, I was doing what everyone
should be doing. The real task that we all bare is to make the world better than when we came into
it. I certainly didn't do it alone. I came ready for work but there was already a community here
that was working. My commitment for the Civil Rights Heritage Center was simply what I think
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REGULAR MEETING December 10, 2018
is the whole mission for South Bend. That is to be a national model of how we can get along,how
we can work through hard issues by having difficult conversations and build together. Either we
all build together or we all fall apart alone. That is my deepest belief I am honored, thank you,
and I will continue to do what I do. I challenge us all to keep working together. Thank you.
Council President Tim Scott opened the floor to comments from Council Members.
Councilmember Karen White stated, What can I say. I'm saddened but I am also happy for you.
You have a brought a level of community togetherness. The Center is viewed as a place to have
those difficult conversations where everyone is respected whether they agree or not. You have
assisted IU South Bend to become a vehicle by which to have those conversations. The number of
programs and individuals that have been through the Center since you've been there is just
amazing. The Center is a place to go. You've done an excellent job. The legacy you have left for
us will always live. I hope others can catch onto the vision and the passion and commitment. We
can have those difficult conversations and we are better together than we are when we don't work
together.We have more in common than what we don't have in common.You've done an excellent
job and I wish you God speed and the very best. Don't forget IU South Bend and South Bend,
Indiana.
Councilmember Gavin Ferlic stated, Thank you for your great work in our community.
Councilmember John Voorde stated, I understand you're actually taking a one (1) year leave of
absence and you have an option to return. I hope you exercise that option.
Councilmember Jake Teshka stated,Thank you for what you've done and best wishes on your new
position.
Councilmember Jo M. Broden stated,Thank you so much for your outstanding leadership. You've
built a legacy and have created a place that has allowed us to look at our past and also help us
envision something new and different, together, as a community. You uniquely, I think, in your
short time, have enabled that to happen to have the very vibrant and robust conversations. What
I've particularly liked is the programming. It is varied and diverse and it invites however you
communicate, understand, learn or connect to happen. To have that breadth and openness for all
of us to be a part of a true treasure in our community is great. I thank you for expanding my
awareness and our awareness in expanding our sensitivities, our knowledge, and help to point us
toward a new vision as a community. I also wish you best wishes. I concur with Councilmember
Voorde as well as many in our community and I hope you do circle back here. You've done very
well and we are very appreciative of your professional time as well as your personal commitment
you've given our community. Thank you very much.
Councilmember Sharon L. McBride stated, I would like to thank you as well for your dedication
and commitment to the community. I sat at a number of forums you had, and it was just
phenomenal to break down a lot of walls and barriers because a lot of conversations are
uncomfortable for people. You did it in such a way with elegance and class and I just want to say
thank you and best of luck to you in everything you do. You have helped not just the community
but I know partnering with Social Justice Reform are big things in my day-to-day platform. So, I
just want to say thank you and God speed to you.
Councilmember Tim Scott stated, Dr. Heller, you made an impact on this City and an impact on
me. I totally appreciate that. I've always loved your perspective and have loved your point of view
and the pieces you've written in the paper. You and I have had busy schedules and we sometimes
pass very quickly but you've had a major impact on me. I appreciate and respect everything you've
done here. It is truly amazing, and you will be truly missed here. Thank you so much.
Councilmember Regina Williams-Preston stated, I just want to share a little bit from a personal
perspective. I first(Pt)met Dr. Heller when he came for interviews. I mean,look at him. He walks
in the door and he is a presence automatically. But you think about this and this guy with these
long dreads and he's all tattooed up on a motorcycle, you can say all kinds of things and have all
kinds of assumptions about what is going to happen until he opens his mouth. One(1)of the things
that was important for me that really sold me that you were the man for this job, the question was
posed about the vision for the Center. Everybody had a nice plan about what they would do in six
(6) months here and there and his answer was, 'How can I have a plan for this community? What
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REGULAR MEETING December 10, 2018
I need to do is find out what the community wants and then help the community achieve those
goals.' More than anything that really struck me because it shows he is really sincere and
passionate. It's not about him. It's about making the community the best it can be. As these years
rolled on, he was in so many different circles as was mentioned. From political circles, informal
circles, social circles, all kinds of things. He had a lot of influence. I think one (1) of the things as
an activist, on my activist side, that was really great was when we would go in front of really
important people like the Mayor or the Superintendent of the Schools, they would always ask,
'What does Darryl think? I trust him.' It was great because he was like our little secret weapon.
Any time anything needed to be said, the hard stuff, we would send Darryl in because everybody
trusted him and he just has that way.He didn't shy away from the really hard issues. He challenged
us as City leaders and as community members, every single one (1) of us, to really look in the
mirror to see what we can do to make a change at whatever space or level that we are in. There is
one(1)thing we talked about is how could we ever replace him? We just can't. One(1)word used
to describe him was a unicorn. He has this amazing mix of talent and heart that we just won't find
again. I want to thank the Mayor for giving him the key to the City because we will need that so
he can come back and make sure that he is absolutely welcomed here.
Dr. Heller stated, I've only been here for three (3) and a half years but it feels like I'm a South
Bender. I learned a couple of words when I first (1St) came here. South Bender was one (1) and
I'm returning to the Bend was another. I really poured out my heart and soul here and it will stay.
I will be back to at least visit if nothing else.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Mayor Pete Buttigieg, offices located on the 14th floor of the County-City Building, South Bend,
IN, stated, I just wanted to echo of couple of things. First(1St)of all,his impact. It is hard to believe
it has just been three (3) and a half years with the impact Dr. Heller has had. I think he is a voice
of reason and moral clarity in this community. That is a spirit we need to continue going forward
because I think he has expanded the vision of what civil rights mean. Secondly, I wanted to reflect
on the expanded importance of the Center itself I think its relevance has never been greater in the
complicated times we live in and so it is a good thing the Center has, each passing year, grown to
be more of a touchstone in this community. One (1) other thing you should know about just how
present he is up until the finish line, even this afternoon while Council Members were busy doing
the City's business, two (2) different times I saw Dr. Heller at community events even before
seeing him this evening. As far as we are concerned you are officially a South Bender and that
represents your relationship with the City for your lifetime. Thank you.
Aladean DeRose, offices located on the 12th floor of the County-City Building, South Bend, IN,
stated, I know Darryl personally through a program that the local BAR Association put together a
couple of years ago. It was a book club titled Slavery and Justice in America. When we started our
books, we thought we were a group of enlightened white people. There are African Americans in
our group as well but those of us who were white felt like we knew something about this subject
and it turns out we knew nothing. Darryl, through his wisdom, kindness and understanding, lead
us through some very difficult, poignant and heart-wrenching books that explain the African
American experience in ways that words can never describe. Darryl, at all times, was
understanding of our lack of knowledge and our expression of complete surprise when things were
brought to our attention. He organized many of the books and chose many of them that we
discussed, and we had the most extraordinary conversations. He is a man of incredible talent and
is an extraordinary human being. I thank you all for making this award possible for him.
Bianca Tirado, 913 East Washington Street, South Bend, IN, stated, I would like to share a little
bit about how I work with Darryl. Darryl has been so gracious to me because we run an event
called the Poetry Den at the Civil Rights Heritage Center and he has welcomed us with open arms
and we will miss him very much. I hope you come back.
Councilmember Gavin Ferlic made a motion to adopt Bill No. 18-75 by acclamation.
Councilmember Karen White seconded this motion which carried by a voice vote of nine(9) ayes.
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REPORTS OF CITY OFFICES
Representing the City Administration: Laura O'Sullivan, Chief of Staff
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:40 p.m. Councilmember Karen White made a motion to resolve into the Committee of the
Whole. Councilmember Jake Teshka 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.
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 Karen White made a motion to hear the Substitute version of Bill No. 55-18.
Councilmember Tim Scott seconded this motion which carried by a voice vote of nine(9) ayes.
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.
Jitin Kain, Deputy Director for the Department of Public Works with offices located on the 13th
floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Kain
stated, I would like to go through a brief presentation(which is available in the City Clerk's Office)
to talk about the proposed changes to the Special Event Ordinance. A Special Event is any
temporary event that is planned on public property and within the City's public right-of-way. This
includes events such as parades,marches,festivals,runs,marathons and so forth.Here(referencing
a slide in the presentation)are some facts about special events in the City of South Bend. The City
approves approximately eighty-five (85) special events in the public right-of-way annually. This
does not include events that happen in City parks. There is a separate process to organize large
gatherings in public parks and that goes through the Parks Board. The City's website currently has
three (3) different ways of applying for special events. There are three (3) applications. One (1)
for a residential block party. One(1)is a non-residential block party and one(1)is for processions.
The current process includes an applicant submitting one(1) of those three (3) applications to the
Board of Public Works. It goes through a review process and is sent to various departments for
their feedback. It is compiled and then a recommendation is sent to the Board of Public Works and
an official permit is granted at the Board meeting.
Mr. Kain continued, So, why do we need a new ordinance? There are a few reasons we are
recommending a new ordinance. One (1) is to simplify the process. We are asking to create three
(3) tiers of special events. One (1) would be neighborhood scale and that would be for events that
are small-scale like block parties that would attract individuals from within the neighborhood.
Another tier would be a City-scale, so that would be for events that attract people from throughout
the City. And then there is a larger tier that would have things such as Art Beat that attract
individuals and families from around or even outside of the region. Each of these tiers will have a
filing fee structure which I will talk about next. The other reason is to improve efficiency. We will
be creating a five(5)person Committee that will oversee the event process.We will have meetings
as needed and we will create a single form for all different kinds of events in the public right-of-
way to streamline the process. Another reason is to create a more equitable cost-share. Currently,
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REGULAR MEETING December 10, 2018
the City sponsors all public events and what that means is we provide our staff support through
Police, Traffic and Lighting and other means for all events in the City. While we support and
encourage events, we think it is fair to ask for some type of a cost share for those larger events that
take up a tremendous amount of City staff These are events like large parades or races that tend
to block off multiple streets over a long distance.What we are proposing is that profit organizations
would cover one hundred percent (100%) of event cost but for non-profits, the City would cover
costs up to thirty-two (32) hours of South Bend Police Department time and up to eight (8) hours
of Public Works' time. Anything above that, which would be limited to a small number of events,
would have to be covered by the event organizers. Events such as block parties would not be
impacted because they typically require only one (1) or two (2) staff people to help organize. We
are also consolidating various sections in the ordinance regarding the three (3) different types of
applications. We have some information about demonstrations which we are also clarifying
through this ordinance.
Mr. Kain went on, The filing fees will be set for each tier. We are proposing a twenty-five-dollar
($25) tier one (1) early filing fee. So, if an applicant files within the appropriate time period, it is
a much lower fee. Tier two (2) and tier three (3)would be fifty dollars ($50). By the way, the fees
right now for all events is fifty dollars ($50) so this would be a benefit to neighborhood
organizations. For a little bit more detail, if there are events that applicants organize that is similar
to an event within a six (6)month timeframe, we will be able to accept multiple applications at the
same time. I talked about the expedited fee. If you do file in a shorter duration, there will be an
expedited fee. For example, for Tier One (1), we will accept applications up to fourteen (14) days
prior to an event. However, if an applicant files the application forty-five (45) days before the
event, they will pay the twenty-five dollars ($25). If it is between forty-four(44) and fourteen(14)
days, they will pay fifty dollars ($50) which is the current filing fee. For Tier Two (2) and Three
(3) it is a similar idea. Because Tier Two (2) and Three (3) events take much longer for our staff
to coordinate, there will be a filing fee of fifty dollars($50). However, if it is within that expedited
period, there will be a higher filing fee. Demonstrations and First (1St) Amendment expressive
activities are protected activities and there will be no fee for those. Demonstrations do require a
seventy-two (72) hour notification and a form will be available as part of this application process
which will go to our Events Coordinator who will then notify the Police Chief of these events. A
demonstration form applies to any event where a crowd of greater than twenty-five(25)is expected
and then the ordinance also talks about the banning of certain tools during the demonstrations as
well as no face coverings for safety reasons.
Mr. Kain continued, We have a section on civic sponsored events. In addition to outside entities
organizing events, the City itself also organizes events. An example of that is Best. Week. Ever.
That is organized by the Parks Department. These activities and events will be categorized as civic
sponsored events. In addition to the City's own events, we will allow the opportunity for certain
third (3rd)party events to become sponsored or part of these civic sponsored events if they follow
these three (3) criteria. One (1) is they must not charge a fee to the participants. It must be a non-
profit organization and the event must be of greater good for the City. The event decisions will be
made by a special event committee comprised of five (5) individuals representing different
departments of the City that are engaged in these events that will meet on a regular basis. The
advantage of forming a committee over sending the applications out to the different departments
is that it will allow for a gathering and combined conversation on these events. It also encourages
the applicant to meet with the committee on a regular basis to answer questions. It simply expedites
the permitting process.
Mr. Kain went on, Any denial given by the special events committee can go through an appeal
process and that would be through the Board of Public Works. The appeal must be filed within
three (3) business days of the decision by the committee and then the hearing will be at the next
Board of Public Works meeting. In conclusion,the effective date of this ordinance is recommended
as January 1. We are suggesting a small grace period for those applications that might come in
right away. Typically,more events start getting organized after March. We will be communicating
with event applicants we already have in our database and will let them know of the update to the
process. We will reach out through social media and other means with the community to let them
know of the new process. We are also developing a guide to let the applicants know of how the
process works.
8
REGULAR MEETING December 10, 2018
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Scott Ruszkowski,Police Chief for the City of South Bend with offices located at 701 West Sample
Street, South Bend, IN, stated, There were a couple of things I jotted down as Jitin was speaking.
First(1St)of all, I think every Council Member except maybe one(1)or two (2)have been pushing
and asking to get this special events policy done. I know the Mayor has as well.The Mayor's exact
words were, and he won't even be mad at me, were 'Get it done.' Five (5) years is what this has
taken. I look around this room and close to half have been involved with this policy. There is so
much appreciation from our end and not just from the Administrative component but the physical
and psychological component.When we are told there is an event Saturday on Thursday afternoon,
you can use your imagination to what the response to that is. With that being said, one (1) thing
Jitin didn't mention is that we will actually have a say in the route control. It is for safety reasons,
first (1St) and foremost. We know what things to look for and we do this twenty-four seven(24/7)
three hundred sixty-five (365) days of the year. Also, for traffic flow. When people have to wait
in their cars, it's not very easy to stop a 4,000 pound car who wants to get through driven by
somebody who wants to get through. We can look at both of those components and will be able to
plan that out in advance. I ask the Council to pass this and thank you to all for their hard work to
finally get this done.
Councilmember Tim Scott made a motion to send Substitute Bill No. 55-18 to the full Council with
a favorable recommendation. Councilmember Karen White seconded this motion which carried
by a voice vote of nine (9) ayes.
61-18 PUBLIC HEARING 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 continue Bill No. 61-18, per request of the
petitioner, until January 14th, 2019. Councilmember John Voorde seconded this motion which
carried by a voice vote of nine(9) ayes.
62-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS
WITHIN THE CITY OF SOUTH BEND,
INDIANA FOR THE YEAR 2018
Councilmember Karen White, chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation. She stated, I would
like to personally thank Deputy Controller Dougherty and his staff for all the hard work they have
done on the five(5) bills we are about to discuss. I would like to say that he met with some of the
Council Members prior to this particular meeting and a number of questions and answers of clarity
were given. Each Council Member should have received copies of those questions as well as the
responses. Also, today during the Committee meeting, all the department heads were present, and
we sincerely appreciate them being here to address any questions that we might have had on these
five(5)bills. That meeting went all the way until about 6:20 p.m. We are very appreciative, great
work and hopefully we will have Council support as we move through these five(5)bills.
Benjamin Dougherty, Deputy City Controller for the City of South Bend with offices located on
the 12th floor of the County-City Building, South Bend, IN, served as the presenter for this bill.
Mr.Dougherty stated,Good evening,Council. If I may begin,I would like to match your gratitude,
Councilmember White. For my first time through the process of weeding through budget transfers
9
REGULAR MEETING December 10, 2018
and additional appropriations, it was a pleasure to have the opportunity to first(1St)meet with you
all in advance to work through the requests and have an open dialogue. Not only that but to have
the opportunity earlier this evening to go through each of these bills to answer questions and
concerns, I am grateful for that opportunity. We begin here with Bill No. 62-18. As I mentioned in
our discussion earlier this evening, you will find that these are, as they have been typically
presented to you in the past, grouped by fund and department. These budget transfers ultimately
create no net change in the amount of the appropriations under the 2018 adopted budget. Instead,
they represent transfers back and forth across expense categories within the departmental budgets.
As I mentioned before, the first (1 St) several pages of the attachment to this bill, in spreadsheet
form, those represent the various departmental budget transfers that are being requested. The
remainder of that document contains all of the account number adjustments that are being
accomplished through budget transfers for the Century Center operation. I would be happy to
reiterate that explanation if anybody would like to hear it again. I think with that, I would be happy
to answer any further questions on this one(1).Again,budget transfers here are those that represent
a net zero (0) change to the budgeted appropriations.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard. There were none.
Councilmember Karen White made a motion to send Bill No. 62-18 to the full Council with a
favorable recommendation. Councilmember John Voorde seconded this motion which carried by
a voice vote of nine(9) ayes.
63-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2018 OF $269,500 FROM THE
GENERAL FUND (#101), $850,000 FROM
RECREATION NONREVERTING (#203),
$50,000 FROM GIFT/DONATION/BEQUEST
FUND (#217), $37,000 FROM LAW
ENFORCEMENT CONTINUING EDUCATION
(#220), $608,836 FROM CENTRAL SERVICES
(#222), $708,000 FROM LIABILITY
INSURANCE PREMIUM RESERVE (#226),
$254,000 FROM LOIT 2016 SPECIAL
DISTRIBUTION (#257), $9,100 FROM HUMAN
RIGHTS FEDERAL GRANT (#258), $30,500
FROM LOCAL ROAD &BRIDGE GRANT
(#265), $20,000 FROM TAKE HOME VEHICLE
POLICE (#278), $393,400 FROM IT/INNOV
ATION/311 CALL CENTER(#279), $26 FROM
ECONOMIC REVENUE BOND (#281), $21,735
FROM POLICE GRANTS (#292), $2,000 FROM
AIRPORT 2003 DEBT RESERVE (#315), $10,000
FROM SBCDA 2003 DEBT RESERVE (#328),
$1,050,000 FROM COIT (#404), $130,000 FROM
PARK NONREVERTING CAPITAL (#405),
$116,202 FROM CUMULATIVE CAPITAL
DEVELOPMENT (#406), $783,670 FROM EDIT
(#408), $665,817 FROM EQUIPMENT VEHICLE
LEASING(#750), $64,421 FROM SOUTH BEND
REDEVELOPMENT AUTHORITY(#752), AND
($22,974,385) FROM EDDY STREET
COMMONS CAPITAL (#759).
10
REGULAR MEETING December 10, 2018
Councilmember Karen White, chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation. She stated, I would
like to ask the Deputy Controller to clarify the $22 million from Eddy Street Commons.
Benjamin Dougherty, Deputy City Controller for the City of South Bend with offices located on
the 12th floor of the County-City Building, South Bend, IN, served as the presenter for this bill.
Mr. Dougherty stated, Most definitely, thank you. Bill No. 63-18 is distinct from the budget
transfers that were dealt with in the prior bill. These represent new and additional appropriations
out of the Civil City Funds. So to speak,this is new money that is being requested as additional on
top of what the amended 2018 budget contains. The most notable, as Councilmember White
pointed out,in terms of its sheer size and the fact that it is a negative number is the near$23 million
out of Fund #759 that is related to Eddy Street Commons Capital. In a nut shell, that reduction of
the budget is meant to adjust for the fact that at the end of 2017 rolling over into 2018,there existed
an encumbrance of those funds comprised with the expectation of this project and spending down
the bond proceeds that were collected through the issuance of new debt for Phase Two (II) of that
project during 2017. When that encumbrance rolled over into 2018 and on top of that the 2018
budget appropriation was adopted, we ended up with, on paper, effectively a double budget for
that fund. The action before you now contains a reduction of about $23 million to back out that
carries over into 2018 and to clarify that budget is in fact the proper amount for the expenditure of
the bond proceeds. In effect, it is a very large number that doesn't relate to anything on the ground
with respect to the project, per se, but instead an accounting adjustment so that our record is clear
that our carry over from 2017 to 2018 is now being addressed through this reduction. I would be
happy to answer any questions but that is more or less a housekeeping item for us.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard. There were none.
Councilmember Tim Scott made a motion to send Bill No. 63-18 to the full Council with a
favorable recommendation. Councilmember John Voorde seconded this motion which carried by
a voice vote of nine(9) ayes.
64-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE
OPERATIONS IN 2018 OF $157,435 FROM
CONSOLIDATED BUILDING FUND (#600),
$190,000 FROM SOLID WASTE OPERATIONS
(#610), $12,000 FROM WATER WORKS
CUSTOMER DEPOSIT (#624), $8,000 FROM
WATER WORKS DEBT SERVICE (#625),
$10,000 FROM WATER WORKS BOND
RESERVE (#626), $25,000 FROM WATER
WORKS O&M RESERVE (#629), $6,600 FROM
SEWAGE WORKS OPERATING(#641), AND
$55,000 FROM SEWAGE WORKS O&M
RESERVE (#643).
Councilmember Karen White, chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Benjamin Dougherty, Deputy City Controller for the City of South Bend with offices located on
the 12th floor of the County-City Building, South Bend, IN, served as the presenter for this bill.
Mr. Dougherty stated, Thank you, again. Bill No. 64-18 relates to additional appropriations but
now, this time, on the Enterprise Fund side of the house. A smaller number here as it is confined
to just these particular enterprise funds and their regular operations. There was some discussion
earlier in the Committee meetings concerning maintenance for solid waste trucks. That was a good
trigger for additional changes and improvements there. Other than that, I would consider these to
be largely within the ordinary course of business. I'm happy to answer any questions about these.
11
REGULAR MEETING December 10, 2018
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard. There were none.
Councilmember John Voorde made a motion to send Bill No. 64-18 to the full Council with a
favorable recommendation. Councilmember Sharon L. McBride seconded this motion which
carried by a voice vote of nine(9) ayes.
65-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 2, ARTICLE 14 OF THE SOUTH
BEND MUNICIPAL CODE BY DELETING
SECTIONS 2-169, 2-170.2, 2-170.3, 2-170.4, 2-
170.5, AND 2-170.6, WHICH ESTABLISHED
VARIOUS SPECIAL FUNDS ASSOCIATED
WITH THE VENUES, PARKS, AND ARTS
DEPARTMENT
Councilmember Karen White, chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Aaron Perri, Executive Director of Venues, Parks & Arts for the City of South Bend with offices
located at 301 South St. Louis Boulevard, South Bend, IN, served as the presenter for this bill. Mr.
Perri stated, The bill before you really, I think,brings in line the legislation with what was already
approved during the budget process. As we underscored at the time, it puts us more into a
transparent and simpler accounting sequence. It is really in line with the way the departments
functionally operated over the past decade. Fund balances will all be transferred to #201. Further
they are tracked by account codes and project codes so that they can be used for their intended
purposes. Your previous approval brought in approximately $836,000 from Fund #203 and
$127,000 from Fund#405.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard. There were none.
Councilmember Tim Scott made a motion to send Bill No. 65-18 to the full Council with a
favorable recommendation. Councilmember Karen White seconded this motion which carried by
a voice vote of nine (9) ayes.
66-18 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 2, ARTICLE 12 OF THE SOUTH
BEND MUNICIPAL CODE REGARDING THE
ADMINISTRATION AND MAINTENANCE OF
PUBLIC CEMETERIES IN THE CITY OF
SOUTH BEND, AND AMENDING CHAPTER 2,
ARTICLE 14 OF THE SOUTH BEND
MUNICIPAL CODE TO ESTABLISH SPECIAL
FUNDS FOR THE PERMANENT
MAINTENANCE OF CITY-OWNED
CEMETERIES
Councilmember Karen White, chair of the Personnel and Finance Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Benjamin Dougherty, Deputy City Controller for the City of South Bend with offices located on
the 12th floor of the County-City Building, South Bend, IN, served as the presenter for this bill.
Mr. Dougherty stated,Bill No. 66-18 is what I would consider a further housekeeping bill by which
we are requesting the Common Council establish a new and separate fund for the management of
what turned out to be the proceeds of a former trust that has now been dissolved and handed over
to the City. We want to separately maintain those funds for the benefits of ongoing perpetual care
of the Bowman Cemetery. I had one (1) piece of homework since the time of our Committee
12
REGULAR MEETING December 10, 2018
meeting discussion which was to respond to Councilmember Broden's question about the amount
of those trust funds at the time the trust was dissolved. I went back to confirm and that number
was $455,518.43. The wire transfer that handed those funds over from Key Bank, as the former
trustee, to the City was received here by the City on October 15, 2018 of that amount. I would be
happy to answer any further questions about this. There are, basically, two (2) purposes in mind
with this ordinance. On one(1) hand, in order to protect and properly manage those funds that are
now in the City's hands to establish what is Fund #731 which is the new fund distinct for the
Bowman Cemetery. On the other hand it does some clean-up of the substantive cemetery
maintenance provisions within our municipal code to ensure those are consistent with State law.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard. There were none.
Councilmember Tim Scott made a motion to send Bill No. 66-18 to the full Council with a
favorable recommendation. Councilmember John Voorde seconded this motion which carried by
a voice vote of nine (9) ayes.
RISE AND REPORT
Councilmember Karen White made a motion to rise and report to full Council. Councilmember
Jake Teshka seconded the motion which carried by a voice vote of nine(9) ayes.
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the Council
Chambers on the fourth floor of the County-City building at 8:10 p.m. Council President Tim Scott
presided with nine(9)members present.
BILLS —THIRD READING
BILL NO.
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
Councilmember Karen White made a motion to accept the second (2"d) Substitute version of Bill
No. 55-18. Councilmember Gavin Ferlic seconded this motion which carried by a voice vote of
nine (9) ayes.
Councilmember Gavin Ferlic made a motion to adopt Substitute Bill No. 55-18. Councilmember
Karen White seconded this motion which carried by a roll call vote of nine(9) ayes.
61-18 THIRD 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)
This bill is continued to the January 14th, 2019 meeting of the South Bend Common Council.
13
REGULAR MEETING December 10, 2018
62-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS
WITHIN THE CITY OF SOUTH BEND,
INDIANA FOR THE YEAR 2018
Councilmember Karen White made a motion to adopt Bill No. 62-18. Councilmember Gavin Ferlic
seconded this motion which carried by a roll call vote of nine(9) ayes.
63-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2018 OF $269,500 FROM THE
GENERAL FUND (#101), $850,000 FROM
RECREATION NONREVERTING (#203),
$50,000 FROM GIFT/DONATION/BEQUEST
FUND (#217), $37,000 FROM LAW
ENFORCEMENT CONTINUING EDUCATION
(#220), $608,836 FROM CENTRAL SERVICES
(#222), $708,000 FROM LIABILITY
INSURANCE PREMIUM RESERVE(#226),
$254,000 FROM LOIT 2016 SPECIAL
DISTRIBUTION (#257), $9,100 FROM HUMAN
RIGHTS FEDERAL GRANT (#258), $30,500
FROM LOCAL ROAD &BRIDGE GRANT
(#265), $20,000 FROM TAKE HOME VEHICLE
POLICE (#278), $393,400 FROM IT/INNOV
ATION/311 CALL CENTER(#279), $26 FROM
ECONOMIC REVENUE BOND (#281), $21,735
FROM POLICE GRANTS (#292), $2,000 FROM
AIRPORT 2003 DEBT RESERVE (#315), $10,000
FROM SBCDA 2003 DEBT RESERVE (#328),
$1,050,000 FROM COIT (#404), $130,000 FROM
PARK NONREVERTING CAPITAL(#405),
$116,202 FROM CUMULATIVE CAPITAL
DEVELOPMENT (#406), $783,670 FROM EDIT
(#408), $665,817 FROM EQUIPMENT VEHICLE
LEASING (#750), $64,421 FROM SOUTH BEND
REDEVELOPMENT AUTHORITY (#752), AND
($22,974,385) FROM EDDY STREET
COMMONS CAPITAL (#759).
Councilmember Gavin Ferlic made a motion to adopt Bill No. 63-18. Councilmember Jake Teshka
seconded this motion which carried by a roll call vote of nine (9) ayes.
64-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE
OPERATIONS IN 2018 OF $157,435 FROM
CONSOLIDATED BUILDING FUND (#600),
$190,000 FROM SOLID WASTE OPERATIONS
(#610), $12,000 FROM WATER WORKS
CUSTOMER DEPOSIT (#624), $8,000 FROM
WATER WORKS DEBT SERVICE (#625),
14
REGULAR MEETING December 10, 2018
$10,000 FROM WATER WORKS BOND
RESERVE (#626), $25,000 FROM WATER
WORKS O&M RESERVE (#629), $6,600 FROM
SEWAGE WORKS OPERATING (#641), AND
$55,000 FROM SEWAGE WORKS O&M
RESERVE (#643).
Councilmember John Voorde made a motion to adopt Bill No. 64-18.Councilmember Gavin Ferlic
seconded this motion which carried by a roll call vote of nine(9) ayes.
65-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 2, ARTICLE 14 OF THE SOUTH
BEND MUNICIPAL CODE BY DELETING
SECTIONS 2-169, 2-170.2, 2-170.3, 2-170.4, 2-
170.5, AND 2-170.6, WHICH ESTABLISHED
VARIOUS SPECIAL FUNDS ASSOCIATED
WITH THE VENUES, PARKS, AND ARTS
DEPARTMENT
Councilmember Gavin Ferlic made a motion to adopt Bill No. 65-18.Councilmember Karen White
seconded this motion which carried by a roll call vote of nine(9) ayes.
66-18 THIRD READING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 2, ARTICLE 12 OF THE SOUTH
BEND MUNICIPAL CODE REGARDING THE
ADMINISTRATION AND MAINTENANCE OF
PUBLIC CEMETERIES IN THE CITY OF
SOUTH BEND, AND AMENDING CHAPTER 2,
ARTICLE 14 OF THE SOUTH BEND
MUNICIPAL CODE TO ESTABLISH SPECIAL
FUNDS FOR THE PERMANENT
MAINTENANCE OF CITY-OWNED
CEMETERIES
Councilmember Sharon L. McBride made a motion to adopt Bill No. 66-18.Councilmember Karen
White seconded this motion which carried by a roll call vote of nine(9) ayes.
RESOLUTIONS
BILL NO.
18-74 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
CALLING FOR THE CONTINUED PROVISION
OF TEMPORARY SHELTER AND
PROTECTION FROM SEVERE WEATHER
CONDITIONS IN THE CITY OF SOUTH BEND,
INDIANA
Councilmember Jo M. Broden,chair of the Health and Public Safety Committee,reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Councilmember Karen White made a motion to accept the Substitute version of Bill No. 18-74.
Councilmember John Voorde seconded this motion which carried by a voice vote of nine(9)ayes.
Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as a presenter for this
bill. Councilmember Oliver Davis stated, I'm glad to be co-sponsoring this resolution with
Councilmembers Broden, McBride and White, all Councilwomen who helped out with this. Also,
I would like to thank Mr. James Mueller and the Administration for weighing in and sharing their
15
REGULAR MEETING December 10, 2018
thoughts. One(1)of the things we may have debated on different issues and at times have disagreed
on different things,but one(1)thing that I like about the City of South Bend is that we are the only
city in this area and the governmental unit that I know that has been talking about homelessness
and those issues. I have not heard that from my other colleagues and one (1) part of the resolution
invites them to join in on the discussion and work along with us. This is not just a City of South
Bend issue. This is a community and County issue. We have been working to take care of the cities
that are all nearby even into the State of Michigan. So we really need to come together and continue
to push this effort and raise our voices for those who don't have a voice. Our City is only as strong
as its weakest links and we need to make sure we all have a strong band together and that is where
we are. So we are going to divide up this resolution.
Councilmember Oliver Davis continued,A resolution of the Common Council of the City of South
Bend, Indiana calling for the continued provision of temporary shelter and protection from severe
weather conditions in the City of South Bend, Indiana. We will start with Councilmember
McBride, then Councilmember Broden, and then I will close in reading this resolution. Thank you
so kindly for allowing us to present.
Councilmember Sharon L. McBride, 415 East Broadway Street, South Bend, IN, served as a
presenter to this bill. Councilmember Sharon L. McBride stated, Whereas, the South Bend
Common Council's mission statement is to make certain that our city government is always
responsive to the needs of our residents and that the betterment of South Bend is always our highest
priority; and, Whereas, this Common Council is committed to protecting its residents from life-
threatening weather conditions which periodically occur in our City because all of our brothers
and sisters are entitled to be treated with dignity and assisting helping our residents with these type
of housing needs is a shared responsibility between the individual and the government; and,
Whereas, the St. Joseph County Region Two (2)A Homeless Regional Planning Council,
representing service providers and others, has recognized that issues involving the homeless
require the partnership of both private and public entities to solve; and, Whereas, on October 22,
2018, the South Bend Common Council unanimously voted to re-zone the former Cutting Tools,
Inc. building at 121 E. Tutt Street from Light Industrial to Mixed-Use in order that it can be used
as a Weather Amnesty Shelter starting on November 1, 2018, and operating to April 1, 2019; and,
Whereas, the Center for the Homeless in South Bend, Indiana has had ten (10)to fifteen(15)men
in for winter amnesty since the start of November, according to Executive Director Steve
Camilleri, who also stated that "a maximum of fifteen (15) occupants is limited by an occupancy
permit;" and, Whereas, in prior years before 2018, Life Treatment Centers, Inc., has provided
weather amnesty services for women in the City of South Bend, Indiana, but are no longer
providing those services.
Councilmember Jo M. Broden, 1319 Ostego Street, South Bend, IN, served as a presenter for this
bill. Councilmember Jo M. Broden stated, Whereas, in the year of 2017, the previous weather
amnesty site, which was the former Kraz Construction Building at 211 W. Monroe St., did not
open its doors until December 1, 2017; and, Whereas; there was an undesirable delay in opening
a needed second(2r'd)weather amnesty shelter this year until November 29,2018,despite previous
conditions of snow, freezing rain and temperatures falling into the teens as early as November 10,
2018; and, Whereas, the problem of homelessness is very difficult to resolve, but a private and
public partnership to provide emergency shelters to protect lives during severe weather conditions
does not require the same comprehensive solution as does the problem of homelessness; and
Whereas, the City of South Bend has increased its support for weather amnesty service providers
over the past two (2) years, as well as for other long-term solutions, it has not, does not currently,
and does not intend, to provide direct services for the homeless or operate a weather amnesty
shelter. Whereas, the City of South Bend opens emergency warming and cooling centers during
emergency temperature conditions in coordination with the Emergency Management Agency of
St. Joseph County, also known as Emergency Management; and, Whereas, the function of a
Resolution is to express the policy and/or intent of the Common Council.
Councilmember Oliver Davis stated, Now, Therefore, be it resolved, by the Common Council of
the City of South Bend, Indiana, as follows: Section One (I) The City of South Bend will work
with Emergency Management to define emergency temperatures and other emergency weather
events. Section Two (II) The City of South Bend will work with Emergency Management to
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REGULAR MEETING December 10, 2018
identify, maintain and make known to its residents, places of shelter during severe weather,
whether that weather be the result of heat, heat index, cold, wind chill or other life threating
conditions such as tornadoes. Section Three (III) If a Gateway or Intake Center, defined, in part,
as a single-entry point into the system of care, linking homeless individuals with shelter, case
management, and appropriate community services, is not operational by November 1, 2019, the
City of South Bend will encourage service providers of weather amnesty that are supported by the
City of South Bend resources to meet the weather amnesty start date of November 1, 2019 by
beginning the process as early as possible,no later than June 1,2019, and will expedite all fire and
building code inspections and permitting required by the State, local or other entities to the
maximum extent possible while still ensuring the safety of the building for occupancy and use.
Section Four (IV) That all community partners who are supported by the City of South Bend for
the construction, leasing, and any other fees associated with operating a weather amnesty shelter
in the City of South Bend,meet the expected timelines to commence the start and ending dates of
the weather amnesty program. Section Five (V) The representatives of local governments,
including the City of South Bend, the City of Mishawaka, the St. Joseph County Council, the St.
Joseph County Commissioners, and the local public schools, service providers, public safety
officers,business representatives,officials in the criminal justice system,neighborhood advocates,
academics, community members and all others, come together in the year 2019, and thereafter to
plan services for homeless populations, including the establishment of a Gateway or Intake Center
and additional scattered-site, permanent supportive housing units and solutions to help housing
instability.
Councilmember Oliver Davis continued, Again, this shows a collaborative effort of everybody
coming together to really emphasize this. We can see what we have done in the past,we can learn
from it and maximize our strengths and minimize our failures. We can come together to make our
City a model that we have talked about earlier tonight to help us really lead how we handle this.
Not all of the other cities have to deal with all seasonal changes. Some deal with hot all the time,
others cold, but we deal with homeless issues throughout the whole entire year. How they deal
with heat and how they deal with weather that is cold and so we are glad to be here tonight to
present this to you.
Councilmember Karen White stated, As one (1) of the co-sponsors, I would like to thank
Councilmember Davis for bringing this before us and also for Councilmember Broden and
McBride for coming together to put together what we have before us. We would like to
acknowledge the work of Community Investment and others and, of course our attorney, for the
work they have done to ensure that what we have before us is the very best at this particular time.
I'm very appreciative of sections four (4) and five (5) in particular because it makes it much
broader based in regard to the other entities that need to be at the table. Again, I think it is very
important that we start those conversations early on and that we work collaboratively together to
address this public health issue within our community. I think South Bend has stepped up and we
need other entities to as well. This resolution speaks to that and I'm very supportive of that.
Council President Tim Scott opened the floor to questions and comments from Council Members.
Councilmember Regina Williams-Preston stated, I just want to echo some of what Councilmember
White mentioned. First (1St), thank you, Oliver, for being a champion of this as well as
Councilmembers Broden and McBride on this homelessness issue which affects not only one (1)
particular part of the City but the entire City. Again, this is important. I look forward to coming
together with regional partners in the County to make sure we are doing this right and well. I also
want to thank all of those who are here tonight with your activism and posters. It really makes a
difference and it means a lot. I can't say we would really be on this issue if it wasn't for the
community coming out. Thank you for everything you do in the interim as we try to get this
together. You guys are out there every day making it happen for those people who are in need on
the street. We really appreciate you coming out and doing what you do as well.
Councilmember Tim Scott stated, I do appreciate all the co-sponsors and sponsors of this bill.
Thank you very much. It was that conversation we had a few months back when we were voting
before on doing this. I believe Vice President Davis and I had a conversation about that. I think
section five (5) on here is very important. I agree with Councilmember Williams-Preston. The
people here voicing their opinion, we definitely appreciate. Is the City doing everything it could?
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REGULAR MEETING December 10, 2018
Some say yes and some say no, I think there is always room for improvement. I do like the fact
that we are adding Mishawaka and St. Joseph County. I hope that is being pushed with their
governments as well. I have to say,I think in the County,we are taking the lead. I think this Council
recognizes that and I know members are very passionate about this. I think we all take it seriously
and do what we can do. We look for more opportunities down the road and I thank you all for
taking the lead on this.
Councilmember Jo M. Broden stated, There are a couple things I would like to highlight. I am
particularly excited to be putting this in writing for several reasons. One (1) is that we nail a
collective date for the amnesty program to launch and be put into place by a specific deadline. I
think that is something this resolution does for this community on behalf of the Council and those
individuals that we represent. We nail that date and time,ok?That is number one(1). Number two
(2) is, as many have indicated, and I don't want this to be missed, but two (2) other things are
nailed here. One (1) is the vision and the need specifically for the Intake or Gateway Center, as
mentioned. Also, if maybe not in some regard, the additional scattered-site permanent supportive
housing units. As a community, it's not just us sitting here. It is those other entities that are
represented in section five(5). It won't happen,the Gateway Center or the scattered-site permanent
supportive housing, if this isn't on our radar as a community and it's not a shared goal by our
community.Not only does it need to be a goal,it must be something that we decide on in a meeting,
achieving and implementing. There was some terminology inserted in here and I don't know if it
was a concerted effort, but the concept is it will not happen unless there is leadership and unless
there is collaboration. I have stated previously that I think it does merit and warrant a leadership
position. If the City of South Bend has to take leadership, so be it. I will be eager to support and I
have been in the past. I've been vocal about it and if it is going to happen, I think we need to lead
on it and it needs to be a conversation and collaboration that is ongoing that doesn't bubble up at
certain times of the year. It is ongoing. The challenges are huge and I think, as the City of South
Bend and as a community, we are up to it to bring in and convene the other partners mentioned in
section five(5).
Councilmember Sharon L. McBride stated, I am honored to be a part of this resolution. I would
like to thank the Council for working so hard together through all of the kinks and for working
with Administration to get something in writing and to get something done. A special thank you
for not giving up. This is a good step in the right direction for helping the community and all the
constituents we all represent.
Councilmember Oliver Davis stated, I always think about the starfish parable. With so many
different things when we work with homeless situations, it seems impossible. But for every one
(1) that we save, that is a family. That could be a son, a relative, it could be somebody you know.
It could be you. You never know because so many people are just a pay check away from having
a situation similar to what people are going through. I've seen it in my own family and it is
important for us to really come together. This challenges us. It is not an easy issue. Debate is good
because each one (1) of us through the discussions, the disagreements and the agreements, we
come out a brand new team where we can come and help people again and strengthen our City. So
thank you for this opportunity.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Jason Banicki-Critchlow, 3822 Ford Street, South Bend, IN, stated, This is an easy one (1) for
anybody to support. I think one (1) of the key elements is section five (5), as was noted by many.
While we bear the brunt of it here in South Bend for the homelessness issue because we have most
of the services for them, they come far and wide to be here. I feel like it's only fair that the others
should share the expense. I know we talked about it before and I was against it then, but I think
this would be an excellent time to visit the idea of trying to find additional funding to help with
this kind of thing in the future. This is something I could get behind, say, a one percent (1%) food
and beverage tax would be an excellent idea. If one dollar($1) per one hundred dollars ($100) on
your night out goes to a helpful cause, that would be nice to know.
John Shafer, 402 Bison Ridge, Nappanee, IN, stated, As Director of Michiana Five (5) for the
homeless, I want to thank those members of the Council who put this resolution together.We hope
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REGULAR MEETING December 10, 2018
it will be more than just words on paper and that it will be passed. I especially want to thank
Councilmember Oliver Davis for his involvement. We are here tonight with some members of the
community and advocates to request we have weather amnesty no later than November 1st and a
permanent location for weather amnesty. It is a must. We can't go through, year after year, asking
where we are going to put the homeless. Weather amnesty needs to be specifically weather related
and not necessarily date related. Even before November 1st, and that should be the deadline, it was
cold. We need to act upon the weather and not a specific date. Our homeless do not deserve to
freeze. There were two (2) people last night turned away from weather amnesty. This was
presented to me. You have a building where it's warm. People are eating. They can look through
the glass doors, the approach, and they are told they are full at their fifty(50) capacity. These two
(2) people, who were men, were turned away. What if it had been women? What if it had been a
family with children? There should be no excuse that anyone must freeze. No one (1) should be
turned away from weather amnesty. Our homeless deserve the same concerns for safety that we
are often encouraged to use on our pets. We bring them inside when it is cold but we don't do it
with our people. It is stated that the Center for the Homeless is considering doing away with their
fifteen (15) spots for their weather amnesty. This has yet to be confirmed but we currently have
sixty-five (65) spots for weather amnesty. If we lose those fifteen (15), we are going backwards
and sixty-five (65) spots is what we had last year. Fifty(50)will not be sufficient when sixty-five
(65)is not sufficient now. There will be colder nights where people will be turned away.Windchill
is seventeen (17) or eighteen (18) degrees. When it is colder, do we just turn these people away,
needlessly, to freeze? We ask the resolution meets total Council approval. It is cold out. Let's do
what is necessary but also humane.
Amanda Robinson, 702 North Hill Street, South Bend, IN, stated, I didn't come here for the
homelessness issue,but I am definitely aware. I am a native of South Bend. I was born at Memorial
Hospital and was raised here. Homelessness is an issue not just here in South Bend but around the
whole world. I would love if we could be a model City so I can be proud of South Bend and where
I come from. Like Councilmember Davis said, some of us are just a paycheck away from being
homeless and that is so true. Definitely, things need to change, and we need to be a model. Very
bluntly, I will say that leaving the homeless out there, it costs more than it would than to give them
permanent housing. This issue is not the same for everyone. Some are addicts, some have mental
health issues, and some are just on bad luck. But it is an issue. I would love if South Bend could
do something about it instead of driving around and seeing these homeless people in the streets in
this cold weather. It is really sad to see so I hope you can do something about it. Thank you.
Rebecca Burton, 4991 North 475 East, Leesburg, IN, stated, I'm here because I come to South
Bend a lot. I have a lot of friends and things I do in South Bend. Just a week ago, I was here for
the protest outside this building in regard to this same issue. We were out there for only an hour
and by the time we were done, my fingers and toes were numb and I was really cold. That was
only an hour. These people are sleeping in this temperature. These people could be getting some
serious health issue from sleeping in this kind of cold. I'm just trying to raise awareness that in
just an hour, fingers and toes were going numb. Can you imagine what happens to these people
when they are out there hours, nights and days at a time without any shelter? The other point I
wanted to make too is in the past year we've seen signs in downtown South Bend discouraging
panhandling. We've seen homeless people have their property taken from them under the bridges
and places they congregate because it is the only place they can go. Instead of making these people
feel like a burden on society, we need to make them feel valued, valid and important. That is why
I support this.
Jennifer Robinson, 3902 Greenmont Drive, stated, I am in favor of this and I hope you guys really
look at this and make sure it passes, as well. I do think we had an improvement from last year. I
do remember all the skids getting moved which I thought was inhumane to take away all their
possessions. I hope you guys are really serious and pass it and don't just think the homeless are
people who want to be out there because they really don't. There is some type of issue why they
are out there.
Councilmember Gavin Ferlic made a motion to adopt Substitute Bill No. 18-74. Councilmember
Karen White seconded this motion which carried by a roll call voice of nine (9) ayes.
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REGULAR MEETING December 10, 2018
BILLS ON FIRST READING
BILL NO.
67-18 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA AMENDING ONE SUB-PART
EACH OF SECTIONS 13-126 AND 13-127,
CHAPTER 13, ARTICLE 11 OF THE SOUTH
BEND MUNICIPAL CODE, BY REMOVING
CERTAIN RESTRICTIONS ON TATTOO
PRACTITIONER AND PREMISES LICENSING
Councilmember Jake Teshka made a motion to send Bill No. 67-18 to the Community Investment
Committee for their January 14th, 2019 meeting for Second Reading and Public Hearing.
Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes.
68-18 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING THE CITY OF
SOUTH BEND'S UPDATES TO THE CITY'S
2013 ADA PLAN FOR PEDESTRIAN
FACILITIES IN THE PUBLIC RIGHT OF WAY
AND ITS TITLE VI PLAN FOR NON-
DISCRIMINATION IN CITY SERVICES,
PROGRAMS AND ACTIVITIES UNDER THE
CIVIL RIGHTS ACT OF 1964.
Councilmember Jake Teshka made a motion to send Bill No. 68-18 to the Health and Public Safety
Committee for their January 14th, 2019 meeting for Second Reading and Public Hearing.
Councilmember Karen White seconded the motion which carried by a voice vote of nine(9) ayes.
69-18 FIRST READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE AND
SEEKING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 2610 EAST
JEFFERSON BOULEVARD, COUNCILMANIC
DISTRICT NO. 3 IN THE CITY OF SOUTH
BEND, INDIANA
Councilmember Jake Teshka made a motion to send Bill No. 69-18 to the Area Plan Commission
for their January 15th,2019 meeting and to the Zoning and Annexation Committee for their January
28th, 2019 meeting for Second Reading and Public Hearing. Councilmember Gavin Ferlic
seconded the motion which carried by a voice vote of nine(9) ayes.
70-18 FIRST READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 131 CHAPIN
STREET, COUNCILMANIC DISTRICT NO. 2 IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Jake Teshka made a motion to send Bill No. 70-18 to the Area Plan Commission
for their January 15th,2019 meeting and to the Zoning and Annexation Committee for their January
28th, 2019 meeting for Second Reading and Public Hearing. Councilmember Gavin Ferlic
seconded the motion which carried by a voice vote of nine (9) ayes.
UNFINISHED BUSINESS
BILL NO.
18-73 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
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REGULAR MEETING December 10, 2018
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS FOR THE
PROPERTY LOCATED AT 1718 MARINE
STREET
Councilmember Jake Teshka made a motion to send Bill No. 18-73 to the Zoning and Annexation
Committee for their January 14th, 2019 meeting for Second Reading and Public Hearing.
Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes.
NEW BUSINESS
Councilmember Oliver Davis stated,I would like to congratulate Councilmember Karen White for
having perfect attendance for Council meetings this year. She's the only one (1). I held that
distinction and Councilmember Williams-Preston and I have done it for the last couple of years.
She worked hard. She came in all type of weather and no matter how she felt. She came.
Councilmember Regina Williams-Preston stated, The Community Relations Committee will be
holding a meeting this Wednesday December 12th. The specific topic regards public schools in
South Bend and it starts at 6:00 p.m. right here.
Councilmember Jo M. Broden stated, Utilities and the Health and Public Safety Committees are
looking at a combined meeting for January 9th, 2019 to hear information that will be voted on by
the Solid Waste Management District members, of which I am one (1), related to establishing
recycling fees for 2019 as well as Household Hazardous Waste fees for 2019. Two (2) points to
bring to Council's attention, we did approve a contract with the only vendor who submitted. But
we still have to set the recycling fees and then relative to that, the HHW fee, there is some
conversation in utilizing the Solid Waste Management District's cash reserves to actually fund the
HHW fee. So just a heads up on those two (2)issues. We have invited Randy Przybysz to actually
present to the joint committees. Since it is a matter that affects all districts, this date will be of
interest. Secondly, the Health and Public Safety Committee is looking at getting information and
education relative to carbon reductions. We are looking at holding two(2)informational meetings
back-to-back in February. So the first (1St) week of February, two (2)meetings an hour and a half
in length in that same week. That will be an opportunity to learn about the science as well as what
has happened historically in the whole climate change field. It will also be an opportunity to look
at what we are doing, specifically, in the City of South Bend and what we may challenge our
community and our citizens to do going forward. So we will have quite a few guest speakers teeing
that up for us in February with the hopes of passing something during the month of April to
commemorate Earth Day.
Councilmember Jake Teshka stated, I have a meeting with residents of the Scottsdale area this
coming Thursday December 13th at 6:00 p.m. at the Esther Singer meeting room at the fair grounds
to discuss plans for the old Scottsdale Pool site. If you have friends in that area, please spread the
word. Also, I would like to get on your radar,many of you may know as we have circulated some
emails, but the Oxford House situation that is unfolding on the south east side. It is a sober living
home that wants to come and locate on South Twyckenham Drive. There are some things I have
asked our attorney to look into regarding zoning issues that surround this. It is my understanding
from conversations with representatives from Oxford House that they do intend on expanding in
the City up to eight (8) homes. This is something that needs to be on all our radars as we dig in,
together, so we can better answer our residents' concerns. That is something that popped up late
last week and it has continued. I asked the regional manager for Oxford House if they would be
willing to come and speak before us. Maybe we can schedule that for January to get some talks on
the books with them.
Councilmember Oliver Davis stated, One (1) last one (1), I got a message from Santa Claus and
Mrs. Claus,they will be at the Rum Village Neighborhood on Landing Bear at 6:00 p.m. sharp this
coming Wednesday. The meetings are held at the Oliver Apartments and they should be coming
in around that time. They will be in town for about an hour and then they have to head back to the
pole. So if you want to come and see Santa Claus,please come to the Rum Village Neighborhood
meeting.
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REGULAR MEETING December 10, 2018
PRIVILEGE OF THE FLOOR
Sue Kesim, 4022 Kennedy Drive, South Bend, IN, stated, I'm one (1) of the budget enthusiasts
and I thought I'd wrap up with a few comments. A little background on the circuit breaker coming
up, the rest of Indiana had the circuit breaker go into effect in 2008. We got an extension to 2020,
just St. Joseph County and Lake County, because there was way too much debt. This Mayor and
Council were charged with lowering debt because of the circuit breaker coming up. We were given
an extension that the rest of Indiana didn't get. We are currently, as of today, $290,495,504 in debt
which amounts to $2,871 per person in South Bend. According to State law, we can't exceed two
percent (2%)of the net assessed value. The net assessed value is $2,405,428,521. In terms of TIF,
it is $741,206,130. Now, one (1) of the things you have to keep in mind is when you vote for a
deficit budget, the State doesn't look very kindly on it. They have a code, IC 6-1.1-18-10 which
basically says that if you rubber stamp a deficit budget, you are found in malfeasance. The TIF for
South Bend, thirty-five percent (35%) is in TIF. Mishawaka has thirty-nine (39%) and it is
recommended that only ten percent (10%) be in TIF. This creates a downward pressure in terms
of other funding. So far there has been $100 million in abatements with this Administration. I
would like to remind everyone that as you go into 2019, the core business of the City is water,
sewer, streets and public safety. It's not to create a Potemkin Village. So when you start with your
priorities first (1St), I would like to see you are funding the sewers and water we want funded and
the streets that didn't get done this year. I would like to see those at the top of the list. I sent all of
you an email with twenty (20) suggested ways to improve the budget process. I hope you all
consider those twenty (20) things. Hopefully you found some of them useful. I think it would be
great for not just homeless but for South Bend, Mishawaka and the County to all get together to
talk about the whole County debt. That is what the State is looking at. There are fifteen (15)
counties that are having debt issues and,unfortunately, St.Joseph County is one(1)of them.Thank
and have a great holiday, everyone.
Nate Levin-Aspenson, 330 West Colfax Avenue, South Bend, IN, stated, I have a community
update for Council tonight. The upper room recovery community is an organization that runs a
men's sober living facility three(3)blocks from here at 333 North Main Street,has recently opened
its public portion of a capital campaign to expand to women services. They hope to get a new
building that,when complete,will be a sixteen(16)bed sober living facility that is open to women
who are in recovery from addition to drugs and alcohol. They had their groundbreaking about a
week and a half ago. Councilmember Jo M. Broden was there and gave me the idea to come here
and tell you all about it. Sober living is one (1) of the most important elements of addiction
recovery as we figure out, as a community, how to tackle the opioid epidemic and these other
health crisis'. It can't be understated to have that mini step which is an environment that is
supportive and conducive to recovery. It is one(1) of the older truisms in recovery that to make it
stick, you must change your people, your places and your play things. All of those things are part
of sober supportive housing. I will be around after this meeting to talk more about it with me and
you can find out more about this campaign to open this building which is about a third of the way
to its goal. Upperroomrecovery.org/womens and I am available if you would like any additional
information. Thank you.
Jason Banicki-Critchlow, 3822 Ford Street, South Bend, IN, stated, As you guys know, I like to
read. One (1) of the things I've been reading about lately is a problem, I would say,we have here
in South Bend. We spent a couple million dollars on Lincolnway a few years ago to repave and
restripe it to attract new business. What were the first (1St) two (2) businesses we got? A Family
Dollar five(5)blocks from another one(1)and a Dollar General five(5)blocks the other direction
from the original Family Dollar. We are not the only community dealing with this epidemic. We
are at about 20,000 dollar stores, combined between the two (2) big dollar store operators,
nationally. Their plan within the next decade is to expand another 10,000,roughly to about 30,000
total. The problem you run into is when you see dollar stores, they have a continuing effect of
feeding the cycle of poverty. A lot of those people in those neighborhoods, usually their only
access to food are those stores. They have no fresh produce, meat or anything of that nature.
Typically the prices are higher, per unit, too. They are actually spending more money than they
would if they had access to fresh produce. Many communities are faced with this problem. One
(1) of the ways communities have tackled this and one (1) way I propose we do is through
something called a formula business ordinance. It allows you to pick areas of the City or the entire
22
REGULAR MEETING December 10, 2018
City where you say you cannot operate formula businesses. That means chain businesses of any
sort unless they go through and meet certain criteria that say they are a benefit to this City. We
want to support our local entrepreneurs. That is my challenge to you guys going into the new year
to look at something along those lines.
ADJOURNMENT
There being no further business to come before the Council, President Tim Scott adjourned the
meeting at 9:03 p.m.
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