HomeMy WebLinkAbout01-28-19 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
January 28, 2019
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE,WE RECOMMEND THE SAME BE APPROVED:
TIM ! �_
• TESHKA
APPROVED BY THE COMMON COUNCIL ON: February 11, 2019
ATTEST: i, • ,
• ' EEMAH FOW ER, ITY CLERK
REGULAR MEETING January 28, 2019
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, January 28th, 2019 at 7:00 p.m. The meeting
was called to order by Council President Tim Scott and the Invocation (Pastor Jeffrey Kennedy,
Southgate Church) and Pledge to the Flag were given. Before the Pledge to the Flag was given,
Council President Tim Scott held a brief moment of silence for three (3) members of the
community that recently had lost their lives.
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
John Voorde At-Large,Chairperson Committee of the Whole
Gavin Ferlic At-Large
Karen L. White At-Large, Vice President
COUNCIL MEMBERS PRESENT:
Sharon L. McBride 3rd District
OTHERS PRESENT:
Kareemah Fowler City Clerk
Jennifer Coffman Chief Deputy Clerk
Bianca Tirado Deputy Clerk
Joseph R. Molnar OVB Clerk
Bob Palmer Council Attorney
REPORT FROM THE SUB-COMMITTEE ON MINUTES
Council President Tim Scott announced Bill Nos. 19-05, 69-18, 19-01 and 19-03 are tabled for this
meeting.
Councilmember Karen White made a motion that the minutes of the January 14th, 2019 meeting
of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion
which carried by a voice vote of eight (8) ayes.
SPECIAL BUSINESS
BILL NO.
19-06 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
WARNING AREA RESIDENTS OF THE
DANGERS AND PREVALENCE OF HUMAN
TRAFFICKING IN THIS AREA
Councilmember Jake Teshka, 2419 Chestnut Drive, South Bend, IN, served as a presenter for this
bill. Councilmember Jake Teshka stated, A Resolution of the Common Council of the City of
South Bend, Indiana warning area residents of the dangers and prevalence of human trafficking in
this area. Whereas, members of the public are generally aware of, and are sympathetic to, those
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REGULAR MEETING January 28, 2019
who face the dangers of human trafficking; and, a Whereas,the true nature and extent of this crime
against helpless individuals is nothing less than staggering; and,Whereas,The Trafficking Victims
Protection Act of 2000 defines sex trafficking as, "a commercial sex act that is induced by force,
fraud, or coercion, or in which the person induced to perform such an act has not attained eighteen
(18) years of age." Labor trafficking is defined as, "the recruitment, harboring, transportation,
provision,or obtaining of a person for labor or services,through the use of force,fraud,or coercion
for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery"; and,
Whereas, human trafficking is the fastest growing and second (2nd) largest criminal enterprise in
the world today, generating an estimated $150 billion dollars annually; and, Whereas, throughout
the world over 27 million people are exploited through human trafficking with an estimated
300,000 American youths at risk of becoming victims of commercial sexual exploitation with an
additional 14,500 to 17,500 humans trafficked into the United States annually;and,Whereas;these
numbers are just the tip of the iceberg due to underreporting and with the number of cases
increasing exponentially each year through the use of social media and the internet; and,Whereas,
South Bend and the surrounding areas are not safe from these dangers as shown by the recent
discovery and rescue of five (5) victims in southwest Michigan and the arrests of traffickers in
South Bend and Ft. Wayne in late 2017 as part of an FBI nationwide operation, which in a four
(4)-day period, rescued eighty-four (84) minors and arrested one hundred and twenty (120)
traffickers; and,Whereas,the youngest victim recovered in the FBI operation was three(3)months
old and the average age of the victims being fifteen (15).; and, Whereas, the children and young
adult victims are not just nameless and faceless unknowns, but include our sons, daughters,
grandchildren, nieces, nephews and the children playing outside next door; and, Whereas, it is no
longer enough to know "of' the problem, but now necessary to know "about" the problem by
independently seeking out information and, more importantly, when seeing anything that raises
suspicion, doing something to inform the proper authorities or agencies.
Councilmember Jake Teshka continued, Now, Therefore, be it resolved, by the Common Council
of the City of South Bend, Indiana, as follows: Section One (I) Human trafficking in any form is
morally reprehensible and contrary to our cherished freedoms. Section Two (II) Everyone has a
duty to do what is in their ability to end human trafficking and protect the victims. Section Three
(III) In addition to local and regional First(1St)Responders,the following are some of the resources
available to learn more or to take action: National Human Trafficking Hotline: 1-888-373-7888;
(TTY: 711); Text 233733; Indiana Attorney General:
https://www.in.gov/attorneygeneral/2963.htm; Indiana Trafficking Victim Assistance Program:
http://www.indysb.org/itvap; Polaris Project: https://polarisproject.org/; U.S. Department of
Homeland Security Blue Campaign: https://www.dhs.gov/blue-campaign; In Our Backyard:
http://inourbackyard.org/; Section Four(IV) This Resolution shall be in full force and effect from
after its adoption by the Common Council and approval by the Mayor.
Councilmember Jake Teshka went on, A couple of years ago, I stumbled upon the issue of human
trafficking, quite by accident, actually. A contemporary Christian music band that I like, For King
and Country, has taken up the fight and they are encouraging awareness all throughout the world
through their concerts, a song and a film aptly named Priceless. These were the catalysts that sent
me on a journey of learning and digging which has been a rollercoaster of discovery of both
nauseating facts and unrelenting hope. What I once believed was a problem that only affected third
(31-d) world nations, I found, was not only existent but prevalent, right here in the freest, most
prosperous nation on the planet. I know it has gained relatively little attention but there is a wealth
of information out there for those who dare scratch the surface. On February 2nd of last year, my
daughter was born. Having been the father of a young boy, the idea of raising a little girl was
completely foreign to me and I began to think about what the future held for her. I thought about
both the bright possibilities and the potential pitfalls. It was in that moment that I thought about
the roughly 200,000 cases of sexual exploitation of minors every year in the United States. Keep
in mind, that is an underreported statistic. The average age that is first (1St) trafficked ranges from
twelve (12) to fourteen (14) years old. I realized my solemn duty of a proud new father of a baby
girl is to do anything within my power to protect her and those like her in our community. So, I
dug in further and contacted various non-profits that focused on this issue to see what I can do. I
got ahold of organizations like In Our Backyard. They were founded and are led by Anita Bells
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REGULAR MEETING January 28, 2019
who wrote this (holding up a book) that I would recommend to everyone, The Polaris Project and
Shared Hope International.
Councilmember Jake Teshka continued, I continued my learning through reading and watching
various documentaries including I Am Jane Doe, Tricked, and In Plain Sight. I chatted with State
Legislators like former Representative Sally Siegrist,who has taken up the mantel in Indianapolis.
Even recently,I attended a roundtable hosted by US Representative Jackie Walorski in conjunction
with Uber, whose public policy team recognizes the potential for their platform to be used in
nefarious ways and they are looking to contribute to a solution. This journey has led me here in
presenting this resolution to you tonight in our last meeting in January, which is also Human
Trafficking Prevention month. While it is not a final destination, it is an important stop on my
personal fight against the scurs that is human trafficking. I urge you, my fellow Council Members
to pass this resolution for the nearly 27 million slaves throughout the world, for the one (1) in six
(6) runaway youths in the United States in danger of being trafficked, for the vulnerable youth in
our community, for our daughters, our sons, our grandchildren and for those little ones next door.
Finally, although it's not the case one hundred percent (100%) of the time, by and large, sex
trafficking victims are purchased by men. I would like this to be a call to my fellow men to learn
and fully understand and take up the mantel of this issue. We must learn about the devastating
impact that it has on the lives of individuals and our life together as a society. It is basic economics.
Where there is no demand,there will be no supply. While I'm confident that law enforcement will
do everything in their power to stop traffickers and pimps and rescue the victims, it is ultimately
up to us to put an end to this atrocity once and for all.
Council President Tim Scott opened the floor to questions and comments from Council Members.
Councilmember Regina Williams-Preston stated, Councilmember Teshka, I really appreciate you
bringing this to us today. I was not aware it was Human Trafficking Prevention Month. As you
said,it's not just important to know of but to know about.You've brought forth a lot of really good
information. Along with that information, you've really opened my heart to the issue with your
own personal experience and sharing your passion for it. That really came through and we
appreciate that. Thank you.
Councilmember Jo M. Broden stated, Thank you for bringing this forward today and also for the
timeliness of it. I remember several years ago when the Super Bowl was being hosted in
Indianapolis, there was just a huge flurry of activity and public awareness of this issue. It elevated
it as an issue, I think, across our State and there was actually national media coverage with some
cooperation that, here to for, hadn't been seen. Unfortunately, it all went quiet again. The book
you referenced,In Plain Sight, it really is. So, we need better eyes and heightened awareness, but
we need that sustained passion that you bring tonight and also the willingness to learn, know and
do more, too. I particularly appreciate the call to action, for all of us, that call to action you
specifically gave with regard to the demand side and for the resources you embedded into this
resolution tonight. I think all of those are tools that will be very helpful. Thank you very much for
your work on this and thanks for elevating it,particularly during this month. I appreciate it. Thank
you.
Councilmember Oliver Davis stated, Thank you so much, Councilmember Teshka, for leading us
in this discussion tonight. As a Social Worker, often times in my profession, I have a classmate at
USC and it is her area of expertise that she brings to us every week as we have our class discussions
regarding her passion. She's mentioned many of the stats that you have looked at. When you
consider the fact that ninety-three percent (93%) of victims are females and you see that so many
of them are twelve (12) to fourteen (14), that is a frightening thought. Being a father of two (2)
daughters, it's amazing to see how they could be targeted. Even working at the schools, I'm over
at Dickinson and Rise Up and I have a lot of classes and groups for the young ladies there and I
see how vulnerable so many of them are. When we look at that, it's a scary thing. And it's a scary
thing when you look at human trafficking at that stage that you talked about, but it's also a scary
thing when their parents are dating, and especially if it's a single parent like a single mom, when
single mom's boyfriends show up to the house and I have to deal with those kinds of matters all
the time. Single mom's boyfriend looks at daughter and wants to date daughter and she says ok
but then you can date me. That stuff gets on my everlasting nerves, but it is real. So, I appreciate
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REGULAR MEETING January 28, 2019
your call to action and I support you in whatever efforts we can do as a Council to raise this
awareness. Thank you.
Councilmember John Voorde stated, Thank you for shedding light on this issue. It is obviously
important.
Councilmember Gavin Ferlic stated, Thank you.
Councilmember Karen White stated, Councilmember Teshka, I would like to personally thank you
for bringing this before the Council and especially the call for action. I would hope that copies of
this resolution would be shared within our schools and other agencies because the resources you
have listed are so important. I think that when we think about our children,we have a responsibility
to protect them. Your call for action really raises the need for this community, and communities
throughout the nation, to do so. I'm very excited. I'm somewhat saddened that we have to have
this discussion but it's one in which I'm hoping the community will come together and support as
we move forward. Thank you so much, again.
Councilmember Tim Scott stated, I echo a lot of the same points Councilmember Broden stated
earlier. At Super Bowl time, we hear all about this. It makes national news and Indianapolis
probably did the best job, I think, being proactive but we'll hear about it only this time of year.
Rightfully so it should be around this time of year for national attention,but, it's got to go beyond
just one (1) weekend and where our Super Bowl is being played. I would like to ask you and our
intern to work together to put this back up on social media. Let's promote those resources. I agree
with Councilmember White in that we need to get this out to the schools and other people. I'm
glad you brought it to the forefront and we need to be aware now and in the summer time as well.
Councilmember Jake Teshka pointed out more hard copies of resources available for members of
the public in attendance at the meeting(copies are available in the City Clerk's Office).
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 Gavin Ferlic made a motion to adopt Bill No. 19-06 by acclamation.
Councilmember Karen White seconded this motion which carried unanimously by a voice vote of
eight(8) ayes.
19-13 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
HONORING AND THANKING DR. MARK
GREEN FOR SEVERAL DECADES OF
DEVOTED SERVICE TO THE CITY OF SOUTH
BEND
Councilmember Oliver Davis, 1801 Nash Street, South Bend, IN, served as a presenter for this
bill. Councilmember Oliver Davis stated, We are pleased to present this resolution. It says A
Resolution of the Common Council of the City of South Bend, Indiana honoring and thanking
Doctor Mark Green for several decades of devoted service to the City of South Bend. Whereas,
Dr. Mark R. Green received his educational training from Eureka College, in Eureka, Illinois,
where he graduated with a degree in chemistry and from the University of Illinois Dental School
—Doctor of Dental Surgery where he graduated in 1979; and,Whereas,in October 1981,Dr. Green
opened his dental office, Green Family Dentistry on Lincolnway West in South Bend, Indiana,
where he and his dental staff professionally cared for thousands of patients for thirty-seven (37)
years until he closed the office in November of 2018; and, Whereas, Dr. Green devoted many
hours of service to our South Bend Community in a variety of capacities such as serving as the
Chairman of the Health and Wellness Committee for the 100 Black Men of Greater South Bend,
serving as a Board Member for the Community Wellness Partners (Minority Health Coalition),
serving as a Board member of Friends of the St. Joseph County Public Library, served as Past
President of the Board of the St. Joseph County Public Library, and serving as a"Big"mentor for
Big Brothers/Big Sisters; and serving as a life member of the NAACP; and, Whereas, Dr. Green's
professional accomplishments also include his being a life member of the American Dental
Association, a member of the Indiana Dental Association, Past President of the North Central
Dental Association, a member of the Pierre Fauchard Academy, a member of the International
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REGULAR MEETING January 28, 2019
College of Dentists: USA Section,and a life Member of Alpha Phi Alpha Fraternity, Incorporated;
being a recipient of the Rev. Dr. Martin Luther King, Jr. Drum Major Award in 2005 in South
Bend, Indiana, and;
Councilmember Karen White, 1912 Malvern Way, South Bend, IN, served as a presenter for this
bill. Councilmember Karen White stated, Whereas, Dr. Green has been a member of the Greater
St. John Missionary Baptist Church in South Bend, Indiana, where he has served as Chairman of
the BTU and Sunday School Teachers, served as a Deacon and a Supervisor of the Combined
Youth Ministries; Whereas, Dr. Green has taught numerous students in his role as an Adjunct
Clinical Professor at Indiana University South Bend and also served as a Dental Staff member at
St. Joseph Regional Medical Center. Whereas, Dr. Green and his wife Pamela Green, who
managed Green Family Dentistry for thirty-seven (37) years, have three (3) adult children and
seven (7) grandchildren. Now, Therefore, be it resolved, by the Common Council of the City of
South Bend, Indiana, as follows: Section One (I) The South Bend Common Council proudly
honors and thanks Dr. Mark R. Green for nearly four(4) decades of dedicated service to the City
of South Bend. Section Two (II) The Common Council recognizes that during those forty (40)
years,Dr. Green's dedication and service has enhanced the quality of life for countless individuals.
Section Three (III) The Common Council also recognizes and thanks Mark's wife Pam for
graciously working together with him as a team in their service to the people of South Bend.
Councilmember Oliver Davis stated, Section Four (IV) The Common Council wishes Mark and
his family the very best during his retirement. Section Five (V) This Resolution shall be in full
force and effect from after its adoption by the Common Council and approval by the Mayor.
Councilmember Oliver Davis continued, Dr. Green has been my dentist for the last twenty-seven
(27)years. He found my first(1st)cavity, and so I tell you the truth, I wanted a second(2nd)opinion
but it was a cavity. I was his last patient in his office before you closed out. It's been great knowing
the Green's. They have been such an inspiration, not only through their dental practice but also
through what they have given to the community with all the boards you heard us read and the
family, it's been an honor to meet them. He's still working in the community at IU and other
places, but I wanted to make sure we honor him for what he has done here as well as Mrs. Green
who has been there with him. Driving past their place right now is really a sad occasion for me
but, you know, it's great to know they have lived to see this opportunity to retire. So, that is a
blessing.
Councilmember Karen White stated, It is really an honor to be part of this resolution and honor
Dr. Green. Not only is he a community and business person,but I have given him a new title. He's
unaware of this new title but he is now an honorary member of Delta Sigma Theta (AZO), the
South Bend Alumni Chapter. I say that very proudly because every activity we have been involved
with, I can always look and know that Mr. Green is going to be there along with his grandchildren.
He is a community person and he has given to this community not only in terms of his business
but through his public service. I'm sad he had to close his business, but he has three (3)
grandchildren he has to attend to. He will always be a member of our sorority.
Kimberly Green-Reeves, 50555 Galaxy Drive, South Bend, IN, stated, Good evening and thank
you for having us this evening. It's been an honor to speak in front of you. I just want to express
my appreciation for acknowledging my father and his service to the community.We grew up there,
at the office on Lincolnway West. I spent many hours there and I even dedicated some time back
to the office just because they've been a great example,my parents. It is because of them that I've
decided to work in service and raise our family. My husband and three (3) girls are here and my
parents have been a great example for us. Again,thank you for this. This is something we can look
back to. It is our legacy and I really appreciate it.
Mark Green, 59249 Deer Run Court, South Bend, IN, stated, My office address is 2201
Lincolnway West. It's been a great time there and we've enjoyed our time here. I never thought I
would be here this long, but I have been and I'm not going to become a snow bird. We are going
to stay in the area. We love it here and we are just dedicated to the community. I appreciate my
church family showing up to support me tonight. We thought there would be more,but I think the
weather had something to do with that. I really appreciate this and I feel funny because I don't
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REGULAR MEETING January 28, 2019
think I did anything outside of what is expected of all of us to do. It is called upon us to serve each
other and that is what I think I did. But, thank you for recognizing me.
James Hurt, 51934 Watersedge Court, South Bend, IN, stated, I belong to Greater St. John's
Missionary Baptist Church where Andre A. McGee is my pastor. He was just recently awarded
the Drum Major Award as well as our church. Mark Green, at our church, would be Deacon Mark
Green. I'm chairman of the Board at Greater St. John's Missionary Baptist Church and Deacon
Mark Green is my co-chairman. I can honestly say that not only was he my dentist, as well,but in
addition to that,we ware fraternity brothers. So, over the years,it has been a pleasure to work with
Dr. Green and everything I have called upon of him, he has always responded and has done very
well. So, all I have to say is congratulations and you couldn't ask for a better person to receive this
resolution.
Council President Tim Scott turned the floor to Council Members for questions and comments.
Councilmember Gavin Ferlic stated, Thank you for your service, Dr. Green.
Councilmember John Voorde stated, Thank you.
Councilmember Jake Teshka stated, Thank you for your service. It's almost incomprehensible,
that list of things you've accomplished. Thank you.
Councilmember Jo M. Broden stated, So, I ran around as a little girl on Lincolnway West, too, so
I relate to the story of hanging out at your dad's place of employment. You said, Dr. Green, that
this is kind of what we are all called to do but thirty-seven (37) years in any one (1) profession is
quite an accomplishment. I think of the schedule of a dentist and the number of people you've
impacted just with that. I'm also moved by the thread of all of the different things you've done in
the community. You've really shared yourself, your wisdom, skills and talents, and really have
been a role model. It's great to have this opportunity to lift you and your family up. It's never done
in a vacuum,right? Your family, your church family and the folks you lean on for support, and vis
versa, thank you to them. Thank goodness Councilmember Davis found you all those years ago.
I'm thinking, in terms of your new title, I'm assuming you have a red tie and socks?
Congratulations.
Councilmember Regina Williams-Preston stated,I just want to thank you for,of course,all of your
service. It's certainly a model for what we should be doing. You are absolutely right. It is very
common, what you've done, and yet uncommon in the same vein. You are absolutely a pillar of
this community and you absolutely solidified your legacy in this community, not by just staying
here and not being a snowbird, but you have so much more to give still. Also, your family. Your
daughter and with the work she is doing, you've certainly been a model for her and she is carrying
on that legacy, and that will continue, I'm sure, with those three(3)beautiful granddaughters. So,
thank you, again, and I look forward to your continued work and service in this community.
Councilmember Tim Scott stated, Dr. Green, thank you so much for everything that you've done.
You are a shining example. That is the good thing about this Council. What we've done is you are
going down in the history of the Common Council and this City, and this is all going to be part of
the public record going back to 1865. You are a part of history. You might think it's common but
we like to set examples by showing evidence of someone that does the right thing. We appreciate
you being that asset within our community. I think one (1) of those granddaughters was fussing a
little bit, she definitely has the pipes for City Council. So,when she gets old enough, we'll see her
up here.
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 Gavin Ferlic made a motion to adopt Bill No. 19-13 by acclamation.
Councilmember Jake Teshka seconded this motion which carried unanimously by a voice vote of
eight (8) ayes.
REPORTS OF CITY OFFICES
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REGULAR MEETING January 28, 2019
Representing the City Administration: Laura O'Sullivan, Chief of Staff
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:37 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the
Whole. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of eight
(8) ayes. Councilmember John Voorde, Chairperson, presiding.
Councilmember John Voorde 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.
01-19 PUBLIC HEARING ON AN ORDINANCE TO
VACATE THE FOLLOWING DESCRIBED
PROPERTY: NORTH/SOUTH ALLEY 14' IN
WIDTH RUNNING NORTH APPROXIMATELY
130' FROM NORTH RIGHT OF WAY OF
BRYAN STREET TO EAST/WEST ALLEY
Councilmember John Voorde, chair of the Public Works and Property Vacation Committee,
reported that they met this afternoon and, due to the lack of a quorum, send this bill forward with
no recommendation.
Willie Rogers, 1033 West Bryan Street, South Bend, IN, served as the petitioner for this bill. Mr.
Rodgers stated, My petition is to vacate the alley that is fourteen(14) feet next to my property and
my neighbor's property. I'm using it for parking my vehicles because the street is too narrow to
park on. There is not enough room for two (2) cars to come at the same time and it could be a
problem.
Councilmember John Voorde asked, Was there any opposition voiced at the Board of Public
Works hearing before they took action?
Mr. Rogers replied, No.
Councilmember Gavin Ferlic stated,And just to confirm, I did touch base with the Board of Public
Works to confirm, the Board of Public Works gives a favorable recommendation to this bill.
Councilmember Tim Scott asked, Will it be split ownership between the two (2)neighbors or will
it be all yours over to the neighbor's lot?
Mr. Rogers replied, It will be all mine. They don't want anything to do with it.
Councilmember Tim Scott followed up, And they weren't against it at all?
Mr. Rogers replied, No.
Councilmember Jo M. Broden stated, It is, technically, going to be half the neighbor's though,
correct? Wasn't there a call for an agreement with the other neighbor? Or not?
City Clerk Kareemah Fowler stated, That is usually how it goes. In this case, however, it sounds
like this gentleman has been taking care of the property on both sides for twenty(20) years. So, I
think with that being said, the information is sent to everyone within a three hundred (300) foot
radius, and they didn't respond or show up to any meetings. Usually, it goes to the petitioner.
Councilmember John Voorde stated, Right, and the Assessor would take action to add that to his
property.
Councilmember Regina Williams-Preston asked, So, just for clarity, you don't own the other
property on the other side of the alley?
Mr. Rogers replied,No, not yet I don't.
REGULAR MEETING January 28, 2019
Councilmember Tim Scott stated, As the representative of this District, I'm in full support of the
gentleman. As I've stated consistently in the past on alley vacations, safety is the crucial part of
this. Cars can travel those lengths in a matter of seconds, really. Anything to bring up the quality
of life and the betterment of the property, I'm for. The streets are very narrow down there and
we've been working on curbs and sidewalks down in there. We are also going to work on drainage
issues down there.
Councilmember Karen White asked, So, for twenty-two (22)years, you've been taking care of this
property?
Mr. Rogers replied, Yes, ma'am.
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 Gavin Ferlic made a motion to send Bill No. 01-19 to the full Council with a
favorable recommendation. Councilmember Karen White seconded this motion which carried by
a voice vote of eight(8) ayes.
RISE AND REPORT
Councilmember Gavin Ferlic made a motion to rise and report to full Council. Councilmember
Oliver Davis 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 7:42 p.m. Council President Tim Scott
presided with eight(8)members present.
BILLS—THIRD READING
BILL NO.
01-19 THIRD READING ON AN ORDINANCE TO
VACATE THE FOLLOWING DESCRIBED
PROPERTY: NORTH/SOUTH ALLEY 14' IN
WIDTH RUNNING NORTH APPROXIMATELY
130' FROM NORTH RIGHT OF WAY OF
BRYAN STREET TO EAST/WEST ALLEY
Councilmember Karen White made a motion to adopt Bill No. 01-19. Councilmember Gavin Ferlic
seconded this motion which carried by a roll call vote of eight(8) ayes.
RESOLUTIONS
Councilmember Oliver Davis made a motion to continue Bill Nos. 19-01 and 19-03.
Councilmember Jake Teshka seconded this motion which carried by a voice vote of eight(8) ayes.
BILL NO.
19-01 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 3602 WEST
SAMPLE STREET
This bill was continued.
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REGULAR MEETING January 28, 2019
19-03 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING AND ADOPTING THE
SOUTHEAST NEIGHBORHOOD MASTER
PLAN
This bill was continued.
Councilmember Karen White made a motion to hear together, for purposes of public hearing,Bill
Nos. 19-07, 19-09, and 19-11. Councilmember Gavin Ferlic seconded this motion which carried
by a voice vote of eight (8) ayes.
19-07 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 2920 W SAMPLE
STREET, SOUTH BEND, IN 46619 AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A SIX(6) YEAR VACANT
BUILDING TAX ABATEMENT FOR SWGS
PROPERTIES, LLC
19-09 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 2920 W SAMPLE
STREET, SOUTH BEND, IN 46619 AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A (6) SIX-YEAR REAL
PROPERTY TAX ABATEMENT FOR SWGS
PROPERTIES, LLC
19-11 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 2920 W SAMPLE
STREET, SOUTH BEND, INDIANA 46619 AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A (5) FIVE-YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR SWGS
PROPERTIES, LLC
Councilmember Gavin Ferlic, chair of the Community Investment Committee, reported that they
met this afternoon and, due to the lack of a quorum, send these bills forward with no
recommendation.
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 these bills. Mr. Buckenmeyer stated, Thank you for hearing all three
(3) of these together. I will present them as a group. SWGS Properties LLC is a landowner but a
division of Grace Steel as part of a joint venture. I will be referring to them as Grace Steel and we
have the petitioners here as well and they will be introduced in a moment. What we've done here
is a short stack of abatements. We've done this for other petitioners in the past. We are doing this
to create as much value as possible but still reasonable, as you will see when we do a little bit of
looking out to what the results will be on the return on investment (referencing a presentation
which is available in the City Clerk's Office). There is a vacant building tax phase-in, a real
property tax phase-in and then a personal property tax phase-in on capital equipment that they will
purchase at this facility. So, the facility we are looking at is 2920 West Sample Street,just west of
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REGULAR MEETING January 28, 2019
Olive Street and Sample Street. It is a building that has been vacant for some years. It is in a rough
and declining shape, so we are thrilled as a City to have someone come in and make a significant
investment toward both cleaning up the surrounding property and also renovating the building.
They are purchasing the building for$765,000 and they are planning to put$500,000, at least,into
renovation of the building and grounds. Their business, and I will allow them to expand on this,is
a great business model and a sustainable business model that adds value to steel seconds. I will let
them expand on that.
Mr. Buckenmeyer continued, Again, these are a few pictures of the site (referencing the
presentation). Here is the loading dock area. You can see the building is in disrepair. The door is
in need of replacement and so on.You can see the vegetation in the background that is overgrown.
It is a property in some need of attention. The hot tub will be removed as well as some other
environmental mitigation that will take place before they take ownership of the property. You can
see,then,with just few quick pictures of the interior,with the building itself there are issues. There
are issues with the roof, there are leaks, so on and so forth so it is really wonderful to get this
legacy property back into operation. In addition to the vacant building and the real property tax
phase-ins that will address these issues with the property and building, they are making a roughly
$700,000 investment in equipment that will then be housed and utilized in the facility to perform
steel activities.
Mr. Buckenmeyer went on, To summarize the entire package we've put together for Council, the
present assessed value is about $550,000. The annual taxes are about $20,000. Councilmember
Voorde asked a question this afternoon which I would like to address. You had asked about the
potential obsolescence discount. We did a little research on that property and actually,in 2013,the
landowner did file an appeal and acquired a functional obsolescence discount. So, it is notable and
jogs some of our numbers but actually makes it better for the City. In any event, the net result is
that the $20,000 per year is net of an eighteen percent (18%) discount, presently, which will
disappear as those improvements are made. They are making a private investment of over $2
million and committing to, over the next four (4) years, sixteen (16) new full-time jobs with
significant annual and individual payroll. In addition, they are going to bring four (4) jobs they
will retain that will come over from a much smaller facility they have been operating out of in
Mishawaka.
Mr. Buckenmeyer continued(referencing a slide in the presentation), So if you look in the middle
and going down is the vacant, the real, and the personal property tax amount. This gives you an
idea of what we are abating and phasing, and the results of the phase-in. We are offsetting about
$213,000 in total taxes for them in the early parts of this.They will still be paying a total of$55,000
and that will go up a little bit, over those ten (10) years. If we look at that, again, it starts to get
complicated. The different colors represent the different tax phase-ins, but you can see almost in
year five (5) and certainly in year six (6) we start seeing a return on this. If we were to take no
action and not support them, and this building remained in disrepair, we would see less than
$200,000 over the next ten (10) years. They will be paying $264,000, roughly, in taxes over the
next ten (10) years. It is a solid return on investment, it is a win-win for them to invest and for
them to see that return.
Mr. Buckenmeyer went on (referencing a slide in the presentation), I would like to show a few
quick pictures before the petitioners come up to speak. This is what it looks like today and they've
got some great renderings they've brought along. They are going do some wonderful
improvements to the streetscape along Sample Street.
David and Pam Andre, 21601 Durham Way, Bristol, IN, served as the petitioners for this bill. Mr.
Andre stated,Pam actually started Grace Steel three(3)years ago and ran it largely as a brokerage
operation. It has grown tremendously. Our largest portion of our business is taking heads and tails,
secondary steel, in sheet form. Our largest supplier is Steel Warehouse which is immediately
across the railroad tracks from this property. We transform that material into parts and, or,
distribute it once it has been cleaned up, sheered, or laser cut to usable parts. The industries we
serve are the trailer industry, some RV customers as far away as Alabama and Missouri and a lot
of customers around this area. We are excited to be in the neighborhood and are excited to take on
this opportunity and are excited to be on Sample Street. We look forward to the opportunity to
give back to the community. That is actually one(1) of the visions and that is why we started and
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REGULAR MEETING January 28, 2019
named it Grace Steel. We appreciate your support and this project wouldn't be possible without
all the support we've gotten from the City.
This being the time heretofore set for the Public Hearing on the above bills, proponents and
opponents were given an opportunity to be heard. There were none.
Councilmember Tim Scott asked, Dan, you mentioned the $243,000, that doesn't include any
economic impact of having,basically, twenty(20) workers in our City, does it?
Mr. Buckenmeyer replied, No, that doesn't even factor that in. It is a certified Woman-Owned
Business as well.
Councilmember Regina Williams-Preston stated, One (1) of the things we've talked about with
economic development is, of course,bringing jobs. That is really important. Also important is one
(1) of the statistics I heard that a lot of the jobs we have in South Bend are actually held by people
who live outside the City. Do you have any recruitment plans for those positions?
Mr.Andre replied,We would love to have people from the neighborhood and the area there.There
is certainly a shortage of workers in the surrounding counties, as well. So, we have not started to
reach out there yet, but we certainly plan to.
Councilmember Regina Williams-Preston stated, Well, I look forward to working with you,
anything, maybe tap into schools and see what we can do to train up people to fill some of those
jobs right from the neighborhood.
Mr. Andre replied, That would be fantastic. In fact, we talked about it a little bit when
Councilmember Davis came out to visit us on Sunday. We appreciate him coming out. We really
do want to reach out to the community.
Councilmember Jo M. Broden stated, I have just a couple comments. I really love this particular
project and each time you present, I love it more. Here's why, ok? From my calculations, there is
environmental clean-up, you are improving a site, you're recycling a building use, and your
product is the second life of a material. How can we help you deliver on what I think would really
knock this out of the ballpark even further? That is the intentional advertising, recruiting and
training,helping you, what resources can we, as a community,bring to you to help land these jobs
with the neighbors? Hopefully we continue the conversation to see how we can support that.
Mr. Andre replied, We would really appreciate that.
Councilmember Karen White stated, I want to say thank you and I love the title of your business.
I look forward to working with you.
Mr. Andre replied, Thank you.
Councilmember Oliver Davis stated, Amazing grace. First (1st) of all, it was a pleasure meeting
with you all. Thank you for the tour of your facility. I really look forward to that sunshiny picture
down there. The people who did your art really captured that essence. It's nice to see who you all
are, through our conversation yesterday. We talked about not only your business and not only the
workers but building up the neighborhood there. As you see, and as I told you, right across the
street is where I get my haircut. Of course, the donuts are right next to them, too. Very delicious
to go along with this whole project. And so, it's a great spot in town that, I think, to have this
revitalizing. That's the whole thing. I appreciate your comments too, regarding the other situation
we were dealing with today. It puts it all in context that while this is industrial, sometimes people
don't put industrial and environment all in the same concept. You know what I mean? I like that
your proposal is industrial and is a green kind of concept. It is something we really need to push
more because when you think about industrial, it's just like a dump, trash, whatever, any kind of
thing, pollution, but you're not coming with that. You're coming with industrial, building up the
community, cleaning up the environment, and all in one (1). That's what we really need in that
area. It's a different approach that often has been over-looked. I think your organization and
company can be a catalyst for change in that area. As we talked yesterday about nearby schools
such as Navarre, Harrison and others. You were talking about buyback and you are already with
the UEA. It's just nice to hear in the conversation with everything. So, I want to thank you again
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REGULAR MEETING January 28, 2019
and let's roll.You're an Iowa Hawkeye,too. I told my daughter about that. She was glad, so you're
good. I also want to thank Dan for the email heads up on this. Thank you.
Councilmember Gavin Ferlic made a motion to adopt 19-07. Councilmember Oliver Davis
seconded this motion which carried by roll call vote of eight(8) ayes.
Councilmember Gavin Ferlic then made a motion to adopt 19-09. Councilmember Karen White
seconded this motion which carried by roll call vote of eight (8) ayes.
Councilmember Gavin Ferlic made a motion to adopt 19-11. Councilmember John Voorde
seconded this motion which carried by roll call vote of eight (8) ayes.
BILLS ON FIRST READING
BILL NO.
04-19 FIRST READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE AND
SEEKING A SPECIAL EXCEPTION FOR
PROPERTY LOCATED AT 832 SOUTH BEND
AVENUE, COUNCILMANIC DISTRICT NO. 4
IN THE CITY OF SOUTH BEND, INDIANA
Councilmember Jake Teshka made a motion to send Bill No. 04-19 to the Area Plan Commission
for their February 19th, 2019 meeting and to the Zoning and Annexation Committee for their
February 25th,2019 meeting for Second Reading and Public Hearing. Councilmember Gavin Ferlic
seconded the motion which carried by a voice vote of eight (8) ayes.
UNFINISHED BUSINESS
BILL NO.
19-04 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 1119 LINCOLNWAY
WEST
Councilmember Oliver Davis made a motion to send Bill No. 19-04 to the Area Board of Zoning
Appeals for their February 15th, 2019 meeting and to the Zoning and Annexation Committee for
their February 25th,2019 meeting for Second Reading and Public Hearing. Councilmember Gavin
Ferlic seconded the motion which carried by a voice vote of eight (8) ayes.
NEW BUSINESS
Laura O'Sullivan, Chief of Staff to the Mayor of the City of South Bend with offices located on
the 14th floor of the County-City Building, South Bend, IN, stated, Today we sent out a press
release which, hopefully, you all received, letting folks know that City offices will be closing at
12:00 noon on Tuesday through 12:00 noon on Thursday. However, I just received word that it
looks like County Offices will be closed all day on Thursday and, with that, the County-City
Building,presumably, will be closed. We will put out a release to note if we will be closed for the
whole day on Thursday. We will open the Charles Black Center as a warming shelter from 9:00
am Tuesday through 8:00 p.m. Friday. That is in conjunction with both the Red Cross and EMA.
We will open for folks around the clock for that period of time. Also, I want to let you know that
we are working with the South Bend Community School Corporation on hopefully setting up a
busing situation for those in need of weather amnesty to get them from those locations in the
morning over to Broadway Church for breakfast. Then, picking them up there and taking them to
Hope Ministries for lunch and then to one (1) of the warming sites in the afternoon. Then getting
picked up at the warming sites and then bringing them back to Hope for dinner. Then from Hope
back to Center for the Homeless. So, we are working with South Bend Community Schools on
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REGULAR MEETING January 28, 2019
that. Fingers crossed we are able to get a bus for that but I just want to make sure everyone knows
we are working on that diligently. We worked with TRANSPO and Tuesday through Thursday
will be run fare-free, so they will be running their regular bus routes as long as possible unless we
get some surprise snow. Anyone who gets on the bus will be able to ride for free for those three
(3) days. As you know, most of these services are close to bus stops so if all fails with efforts in
getting a bus, there will be TRANSPO. For volunteer opportunities, please contact St. Joseph
County Emergency Management at 574-235-9358. As far as animals go, South Bend Animal Care
and Control is reminding residents that all animals must be indoors during these extreme
temperatures. If they find animals outside, they should call 574-235-9303. We also encourage
residents to visit the St. Joseph County Health Department website for cold weather tips. That site
is sjchd.org. 311 is also a good resource as they are equipped with all this knowledge. If an
organization would like to open as a warming center, please call EMA.
Councilmember Regina Williams-Preston announced, There will be a public forum on
homelessness hosted by the Community Forum for Economic Justice on February 5th from 6:00
p.m. to 8:00 p.m. at Our Lady of the Road, 744 S. Michigan Street. The format will be a little bit
different. They are actually convening homeless persons themselves to have them talk about what
their needs are. It is an opportunity to share a meal and learn a little bit more about the needs of
the homeless from the homeless.
Councilmember Jake Teshka announced,Next week Monday,February 4th the Utilities Committee
will convene to give an update on the CSO issues from Public Works. That will be here at 5:00
p.m.
Councilmember Tim Scott passed out material (available in the City Clerk's Office) and stated,
Pat Sylvinski from 1236 Edgewood Drive was going to come down here and I told him I would
take care of it for him. They wanted all the Council Members to have this packet. This kind of
goes in line with our storm water utility. This is a major issue and hopefully the storm water utility
is going to take care of this. What you have off of Riverside,between Riverside and Park View on
Lathrop is literally water all flooding down and then floods into his house and then the two (2)
neighbors' houses. There are photos in here. We have houses along there getting water damage. It
is poor drainage and bad engineering. I think at the time Lathrop was put in, it's not only a street
issue but an underground storm drainage issue that is not there along there. He approached the
Mayor's Office a while back and all he got was High Water signs.As long as I've been on Council,
this has been flooding. I have a friend that lives back in this area and there is high water on the
road as well as going into people's homes.
City Clerk Kareemah Fowler announced, For citizen members on Council Standing Committees,
if you are going to turn in applications to sit on any of the Council's Committees, the website is
open and it will close January 31St. Applying in person at the City Clerk's Office is always an
option as well.
PRIVILEGE OF THE FLOOR
Murray Miller, 1201 Priscilla Drive, South Bend, IN, stated, I am speaking to raise my concern
with the two-dollar ($2) storm water fee the Council passed. I'm concerned there are people that
won't be able to bear the cost of that two dollars ($2) considering the fact that the City raised the
water rates twenty-two percent (22%) last year and another twenty-two percent (22%) this year.
Back in 2015, the City added the CSO water rates and raised them five percent (5%) for three(3)
years. A lot of stuff has been raised up but there hasn't actually been any CSO work done in four
(4) years. I know Eric will say that they did upgrades to the water treatment plant, but they were
all part of maintenance. The last CSO project was the East Bank Sewer separator number five(5).
There hasn't been any movement and I know they are trying to renegotiate it,however,the money
is still being paid and there is nothing being produced. I'm a little concerned with the people that
can't afford all these increases. I didn't get a forty-four percent (44%) raise but the water rates
went up forty-four percent(44%). I'm concerned about the residents of South Bend.
ADJOURNMENT
There being no further business to come before the Council, President Tim Scott adjourned the
meeting at 8:14 p.m.
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