HomeMy WebLinkAbout05-28-19 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
May 28, 2019
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE, WE RECOMMEND THE SAME BE APPROVED:
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TIM SCOTT
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'• KE TES KA
APPROVED BY THE COMMON COUNCIL ON: June 10, 2019
ATTEST:
• ' EEMAH FOWLER, CITY CLERK
REGULAR MEETING May 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 Tuesday, May 28th, 2019 at 7:00 p.m. The meeting was
called to order by Council President Tim Scott and the Invocation(Brad Laird, South Bend Friends
Meeting) and Pledge to the Flag were given.
Council President Tim Scott asked for a moment of silence,in light of Memorial Day, to honor all
those that have fought and fallen for our freedom.
ROLL CALL
COUNCIL MEMBERS PRESENT:
Tim Scott 1St District, President
Regina Williams-Preston 2nd District
Sharon L. McBride 3rd District
Jo M. Broden 4th District
Jake Teshka 5th District
Dr. 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
OTHERS PRESENT:
Kareemah Fowler City Clerk
Jennifer Coffman Chief Deputy Clerk
Bianca Tirado Deputy Clerk
Graham Sparks Clerk Executive Assistant
Bob Palmer Council Attorney
Morgan Gonsoski PR Intern
David Moses PR Intern
Ryan Wroblewski PR Intern
REPORT FROM THE SUB-COMMITTEE ON MINUTES
Councilmember Karen White made a motion that the minutes of the April 22nd, 2019 and May
13th, 2019 meetings of the Council be accepted and placed on file. Councilmember Gavin Ferlic
seconded the motion which carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
BILL NO.
19-38 A SPECIAL RESOLUTION TO RECOGNIZE
MAY AS MENTAL HEALTH AWARENESS
MONTH
Councilmember Dr. Oliver Davis made a motion to table Bill No. 19-38. Councilmember Jo M.
Broden seconded this motion which carried by a voice vote of nine (9) ayes.
19-39 A RESOLUTION OF THE COMMON COUNCIL
OF SOUTH BEND, INDIANA, HONORING THE
LIFE OF A GREAT MAN, ROBERT L. MILLER,
SR.
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REGULAR MEETING May 28, 2019
Councilmember Jake Tesha made a motion to continue Bill No. 19-39 to the June 10th, 2019
meeting of the South Bend Common Council. Councilmember Gavin Ferlic seconded this motion
which carried by a voice vote of nine (9) ayes.
REPORTS OF CITY OFFICES
Representing the City Administration: Laura O'Sullivan, Chief of Staff
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:06 p.m. Councilmember Jake Teshka made a motion to resolve into the Committee of the
Whole. Councilmember Regina Williams-Preston seconded the motion which carried by a voice
vote of nine (9) 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.
10-19 PUBLIC HEARING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE AND
SEEKING A SPECIAL EXCEPTION USE FOR
PROPERTY LOCATED WEST AND ADJACENT
TO 6100 NIMTZ PARKWAY, COUNCILMANIC
DISTRICT NO. 1 IN THE CITY OF SOUTH
BEND, INDIANA
Councilmember Karen White made a motion to accept the Substitute version of Bill No. 10-19.
Councilmember Gavin Ferlic seconded this motion which carried by a voice vote of nine(9) ayes.
Councilmember Dr. Oliver Davis, chair of the Zoning and Annexation Committee, reported that
they met this afternoon and send this bill forward with a favorable recommendation.
Jordan Wyatt, Planner with the Department of Infrastructure, Planning and Growth with offices
located on the 11th floor of the County-City Building, South Bend, IN, served as the presenter for
this bill. Mr. Wyatt stated,The petitioner is requesting a rezone and a special exception use for the
area outlined in red (referencing a slide in a presentation which is available in the City Clerk's
Office). To the north are offices and vacant lands zoned 0, Office District. To the east and south
is Blackthorn Golf Course. To the west across the St. Joseph Valley Parkway is vacant land zoned
LI, Light Industrial District. On site, currently, is the Blackthorn Golf Course. The site plan shows
a mix of Single-Family and Two (2)-Family dwellings in addition to a private drive. Future
development will need to meet the development standards of the SF-Two (2), Single-Family and
Two (2)-Family District. Both the rezoning and the special exception use come to you with a
favorable recommendation from the Area Plan Commission. I would be happy to answer any
questions.
Councilmember Jo M. Broden stated, Quick question, please. What is the nature of the substitute
of this bill?
Mr.Wyatt replied, Section three(3)is the new section on the bill. I was contacted by your attorney,
Bob Palmer, to add that. It states the Council has to adopt the findings of fact that the Area Plan
Commission also adopted, in regard to the special exception use.
Councilmember Jo M. Broden followed up, As a follow-up, kindly, could you detail what those
findings of fact are briefly?
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REGULAR MEETING May 28, 2019
Mr. Wyatt replied, If you go to page two (2) of the staff report,there are the four(4)questions that
are part of State Law for land use. The answers are there.
Councilmember Jo M. Broden asked, So, I'm sorry, this section is doing what? I'm sorry. Bob,
could you explain?
Council Attorney Bob Palmer stated, The City Ordinance requires the Common Council to adopt
findings necessary for establishing a special exception. Generally, those findings are made by the
Board of Zoning Appeals. All this amendment does is incorporate those findings into this
ordinance so that the Council can adopt the findings.
Councilmember Jo M. Broden stated, Ok, thank you.
Brian McMorrow, Abenmarche Consulting with offices located at 750 Lincolnway East, South
Bend, IN, served as the petitioner for this bill. Mr. McMorrow stated, I'm here on behalf of the
petitioner, Acquisition Group LLC. I thank Council for including that language that relates back
to the Area Plan Commission's findings. We gave a presentation to them last week. Acquisition
Group is the group that purchased the Blackthorn Golf Course from the City a number of years
ago. We are interested in adding what we think is an interesting dynamic to both the golf course
and the Blackthorn office park. We think that these stay-and-play type homes would be attractive
to those that like,obviously,the lifestyle of living by Blackthorn but also maybe to business people
that want to invest in Blackthorn office park and having adjacency to the airport. We are excited
to bring this proposal to you and offer it to the City. Thank you.
Councilmember Jo M. Broden asked, What is your timeframe? And also, what is the amount of
predicted investment?
Mr. McMorrow replied, The amount of investment is still being worked out. We've prepared
preliminary concept plans showing that this private road would follow an existing contour that is
there, and the homes would be above and below that grade so that each home would have a golf
course view. We are also refining the actual architectural plans for each of the units.There is going
to be a Single-Family unit proposed and then a Two (2)-Family unit. Then, from there, we will
come up with the appropriate lot sizes. So, those firm numbers haven't been established just yet.
So, for the timeline, we expect to wrap up that preliminary investigation over the next couple of
weeks and then work earnestly to prepare detailed plans. We hope to break ground later this
summer.
Councilmember Jo M. Broden stated, Thank you.
Councilmember Jake Teshka asked, Are these being designed and built for specific consumers?
Or are you going to spec some of these units?
Mr. McMorrow replied, We are going to have an array of typical floor plans where the individual
home owner could customize each just a little bit. But,there will be a common architectural theme
that would run through each of the units. So, each will be a little different but would definitely
have a common thread, design-wise.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Wayne Hubbard, 215 East Fox Street, South Bend, IN, stated, My question is about how a park
can take priority over the residential area. Researching this, I found out of State. How does that
take priority over locating and purchasing houses back so that the City gets itself back? Also,how
come the people were not allowed to vote on something so historic being removed and changed?
That's it. Thank you.
The petitioners were given five(5)minutes for a rebuttal.
Mr. McMorrow stated, I'll do the best I can to address Mr. Hubbard's questions. The park itself is
no longer owned by the City of South Bend. Maybe that was a misunderstanding. It is privately
owned as Blackthorn Golf Club right now and the portion of the golf course property that is
proposed to be developed is the practice hole right now. So, it in no way devalues the golf course
itself. In fact, there was an appraisal done with and without that practice hole, there was no
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REGULAR MEETING May 28, 2019
difference at all. So, we think we are adding value to the tax rolls of the City of South Bend.
Certainly, there are some out of state investors we are dealing with but, again, the hope is that
those out of state investors will be investing in South Bend and maybe even, as I indicated,
investing in a business at Blackthorn's office park, or elsewhere in the City. I'm not sure I
understood the historic nature of the ground, so I am unable to answer that.
Councilmember Jo M. Broden interjected, In terms of just time and length that it had previously
been a golf course, I don't know. And perhaps, maybe, it would be instructive to talk about the
general development standards in terms of replanting and landscaping that would be required with
this.
Mr. McMorrow replied, Sure. So, our design will look to make it seem, when we are done, as if
this neighborhood existed all along. We are going to work with the grades and the contours there.
You'll notice the areas of development, which are shown in crosshatch(referencing a slide in the
presentation), preserves a lot of the existing vegetation on the perimeter on the north and west
sides. Even some of that wooded area in the elbow, in fact, that little green that is there, we are
looking to incorporate into the neighborhood itself so that it might be a little on-site practice green.
So, we are going to work with what Mother Nature gave us and hope the community looks as if it
has been there forever.
Councilmember Gavin Ferlic then made a motion to send Substitute Bill No. 10-19 to the full
Council with a favorable recommendation. Councilmember Jo M. Broden seconded this motion
which carried by a roll call vote of nine (9) ayes.
11-19 PUBLIC HEARING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 121 EAST TUTT
STREET, COUNCILMANIC DISTRICT NO. 2 IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Dr. Oliver Davis, chair of the Zoning and Annexation Committee, reported that
they met this afternoon and send this bill forward with a favorable recommendation.
Jordan Wyatt, Planner with the Department of Infrastructure, Planning and Growth with offices
located on the 11th floor of the County-City Building, South Bend, IN, served as the presenter for
this bill. Mr. Wyatt stated, The petitioner is requesting to rezone the property outlined in red
(referencing a slide in a presentation which is available in the City Clerk's Office) on your screen
from MU, Mixed-Use District to LI, Light Industrial District. To the north and east are vacant
parcels zoned LI, Light Industrial District. To the south, across Tutt Street is a manufacturing
business zoned LI, Light Industrial District. To the west is a temple of businesses zoned MU,
Mixed-Use District and GB, General Business District. On site currently is a warehouse and
parking lot. The site plan shows the existing structures and the parking lots remain with the
addition of proper landscaping. Future development will need to meet the development standards
of the LI, Light Industrial District. This property was rezoned last fall for the Weather Amnesty
Center and this petition is to return it to its original zoning. This come to you with a favorable
recommendation from the Area Plan Commission. I would be happy to answer your questions.
Tim Corcoran, Director of Planning for the Department of Community Investment with offices
located on the 14th floor of the County-City Building, South Bend, IN, served as the petitioner for
this bill. Mr. Corcoran stated,As Jordan explained,this is just part of the agreement we made with
the land owner to revert the property back to its original state which was Light Industrial. The
reason we had moved it to Mixed Use was to facilitate the warming center and as that has now
expired, we are fulfilling our end of that bargain which was to rezone it back to Light Industrial. I
would be happy to answer any questions I can,but I am sort of substituting at the moment for Pam
Meyer.
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.
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REGULAR MEETING May 28, 2019
Councilmember Dr. Oliver Davis stated, I think what Councilmember Broden said today was very
appropriate. If she wouldn't mind, I would like her to share those thanks because I concur with
them today. Just for the record here tonight.
Councilmember Jo M. Broden stated, Certainly,there are a number of individuals and departments
that crafted and put this solution together. It was a very much needed solution, of course, because
of our weather elements and our concern for the health and public safety of our chronically
homeless. So, I would like to call out a couple of folks. Pam Meyer from the Department of
Community Investment. Tim and Jordan. Thank you, staff. Of course, the Administration, in
particular the Mayor's Office, for your help in putting this together. And then of course, to the
developer and property owner, Mr. Dave Mathews. Everybody stepped up and worked together
for a solution. I know additionally that Council received, in a previous meeting, a report from Pam
Meyer with regard to the status of the Administration, with Council's help, trying to work on this
issue. So, that is available in the public record to get people up to speed, as well.
Councilmember Gavin Ferlic then made a motion to send Bill No. 10-11 to the full Council with a
favorable recommendation. Councilmember Dr. Oliver Davis seconded this motion which carried
by a roll call vote of nine (9) ayes.
RISE AND REPORT
Councilmember Gavin Ferlic 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 7:23 p.m. Council President Tim Scott
presided with nine(9) members present.
Council President Tim Scott announced, This public process for these bills that are up for third
(3rd)reading were at least heard at a previous Council Meeting, in terms of first(1s`)reading. Then
earlier today, they were heard in Committee which is a public meeting and has public process
where the Committee,which is made up of four(4)Council Members,has a decision to send these
bills to the full Council either favorably, unfavorably or with no recommendation. The previous
two (2) bills came to us favorably. The Council then, again, hears it for the second (2nd) reading
and public hearing here to discuss in front of the public, this public process as well. Once the
Committee of the Whole,which is when the entire Council is the Committee,they hear it and make
a recommendation, which they just did on both of these favorably. Then they are presented as a
third (3rd) reading and then a final vote is had on it. So, these have pretty much been in the works
for about a month in this process. They are usually posted for first (IS`) reading, which, is in the
packet and anybody can get all the information either online or in the City Clerk's Office. Yes, it
does look like we are moving fast here but that is because we are on the final portion of voting on
these bills after our significant discussion in previous meetings. There is a public process and the
two (2) to four (4) weeks where the information is out there, you can contact Council Members,
key stakeholders, and the Administration on any view point you may have on these.
BILLS —THIRD READING
BILL NO.
10-19 THIRD READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE AND
SEEKING A SPECIAL EXCEPTION USE FOR
PROPERTY LOCATED WEST AND ADJACENT
TO 6100 NIMTZ PARKWAY, COUNCILMANIC
DISTRICT NO. 1 IN THE CITY OF SOUTH
BEND, INDIANA
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REGULAR MEETING May 28, 2019
Councilmember Dr. Oliver Davis then made a motion to adopt Substitute Bill No. 10-19.
Councilmember Gavin Ferlic seconded this motion which carried by a roll call vote of nine (9)
ayes.
11-19 THIRD READING ON AN ORDINANCE
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 121 EAST TUTT
STREET, COUNCILMANIC DISTRICT NO. 2 IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Dr. Oliver Davis then made a motion to adopt Substitute Bill No. 11-19.
Councilmember Jake Teshka seconded this motion which carried by a roll call vote of nine (9)
ayes.
RESOLUTIONS
BILL NO.
19-35 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING AN ORDER OF THE ST. JOSEPH
COUNTY AREA PLAN COMMISSION
APPROVING CERTAIN DECLARATORY
RESOLUTIONS AND AMENDED AND
RESTATED DEVELOPMENT PLANS FOR THE
RIVER EAST DEVELOPMENT AREA, THE
RIVER WEST DEVELOPMENT AREA, THE
WEST WASHINGTON CHAPIN
DEVELOPMENT AREA, AND THE
SOUTHSIDE DEVELOPMENT AREA
ADOPTED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION
Councilmember Gavin Ferlic, chair of the Community Investment Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Tim Corcoran, Director of Planning for the Department of Community Investment with offices
located on the 14th floor of the County-City Building, South Bend, IN, served as the petitioner for
this bill. Mr. Corcoran stated, Tonight, I want to present to you our TIF District adjustments and
our development plans we've been discussing since October of last year. What I want to talk to
you about are the areas we are adjusting,why we are adjusting those,where we are adjusting those,
what the development plan updates are, and then the process and timeline of this. So, the purpose
for adjusting, and the over objective, is that by adjusting the TIF boundaries, it is possible for the
City to be more forward-looking to fund future priorities and planning initiatives in the added
areas, as plans are developed. Such priorities include infrastructure, community assets, and
development projects. I will get to some of those in a second. The TIF District boundary
adjustments we are looking to make, first (15t), I want to show, this is the City boundary
(referencing a slide in a presentation which is available in the City Clerk's Office). This is to help
us place where the adjustments are made. Here are our major streets and arteries. Those are the
five(5)TIF Districts that currently exist and the four(4)we are amending are the River East,River
West, South Side Development Area and the West Washington Chapin Development Area. The
Douglas Road Development Area, we are not looking to amend in any way.
Mr. Corcoran continued, Currently, the TIF within the City represents forty-three percent (43%)
of the City. With the proposed adjustments, that will be reduced to forty-one percent (41%) of the
City, in terms of acres. That means we are adding about eight hundred and seventy-nine (879)
acres and we are removing 1,468 acres. Also, within this, we are transferring parts of one (1) TIF
District into another. One(1)of the places we are doing this is,number one(1),we are transferring
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REGULAR MEETING May 28, 2019
part of the West Washington Chapin Development Area into the River West TIF District. This is
just the area below the City Cemetery. The City Cemetery is something we have been working on
for a while and you'll notice during the Colfax two (2)-way street conversion,phase one(1)of that
project is in place. The second (2nd) area is, number two (2), the TIF District transfer area that is
going from the River West Development Area into the South Side Development Area. I will
explore further some of the consequences of that, as well, during this presentation. What this all
accounts for is about one point three (1.3) acres being moved from West Washington to River
West, and two hundred and twenty(220) acres from River West into South Side. This shift in area
will transfer approximately$100,00 of TIF revenue into the South Side Development Area. With
that, we want to make sure that transfer of dollars didn't affect any of the debt service that is
currently being done through the River West area. Umbaugh, or Baker Tilly now, has shown that
there is no net affect to any of the debt service areas. So, we are not worried about that.
Mr. Corcoran went on, What I've done here (referencing a slide in the presentation) is to show,
the areas in blue are the existing TIF Districts and the areas in orange are the TIF District additions.
This is to just simplify it to make it a little bit clearer. The adjustments generally fall into the
following three(3) categories. One(1) are areas that have recently been annexed to the City. Two
(2) is corridors. So, much like the Lincolnway and Western Avenue Corridors we added in 2014,
we are looking to add Mishawaka Avenue and Miami Street as well as parts of Portage, Elwood
and Linden Avenue. And three (3), parks and community aspects. So, Leeper Park, the City
Cemetery and places like that. So, these (referencing a slide in the presentation) are the recent
annexation areas. Starting from the north and wrapping around to the south east, the Baney
Property that is now Holladay Properties is looking to develop for Light Industrial use. South of
that is the South Bend Chocolate Factory site. Further south is adjacent to the Ethanol Plant where
we recently annexed that a few months back. Finally, wrapping around the south is another
annexation area. I'm not sure when that was annexed. Nothing has happened on that site yet, but
it makes sense to put it into the TIF District to collect the revenue that might be generated off of
new development through there. The areas in blue are the corridors I mentioned earlier. We have
in the north Portage/Elwood, we have Linden Avenue, Miami Street and Mishawaka Avenue. The
reason we added these in was, because of the success we've seen on Western Avenue and
Lincolnway as well, we wanted to forward think about how we might do future planning in those
areas. Some of those areas we have thought about already, like the Portage Elwood area,but there
are possibilities in some of these other areas as well as we move forward. Finally, parks and
community assets. We've put in a lot of parks. The Zoo, for instance, Pulaski Park, the History
Museum, the City Cemetery, what might be Coal Line Phase Three (3) down the road. We don't
know how that might happen,but we wanted to get it into the TIF now,that way there is a possible
funding source for the future. Leeper Park, Muessel Grove Park and parts of the river extending
south of Leeper Park toward Madison Street.
Mr. Corcoran continued, So, I'm going to zoom into this area in the box for you all to see. This
kind of illustrates those areas we were just talking about.The development plans are the underlying
documents that sort of speak to what can be done in the TIF Districts. So, why do we need to
update these? One(1)of the reasons is that, for instance,the River West has been an amalgamation
of what were sub-TIF areas.What we've done is basically amalgamated all of those over the course
of decades, and they are actually not usable. They actually take up an entire drawer in a filing
cabinet.They are practically unusable and they're certainly not accessible to both the staff,in some
ways, and certainly the public. So, our objective is to amend and replace the existing documents
with new documents that you have as part of your packet. We want to make sure we align the
development plan goals and objectives to be consistent with the City's Comprehensive Plan so that
those two (2) plans speak to each other. We want to ensure the development plans are accessible,
and I mean readable. They need to be able to be seen by the public as well as staff and Council
Members. We want to also ensure that the context of the development plans comply with current
State Law. It is State Law that dictates the content of the development plans and this is the basic
required content. The history of the development area, the location which is just a map and a legal
description, development area activities, so,what we can spend TIF on and that is clearly stated in
State Law, and goals and objectives. Statutory findings, there is an acquisition list of real property
and I will get to what that means as well. Finally, there is a procedure for amendment. What we
are doing right now is part of that procedure of amendment.
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REGULAR MEETING May 28, 2019
Mr. Corcoran went on, So, in addition to the development plan, we also engaged Baker Tilly to do
a financial impact analysis. They prepared an analysis and impact statement for the overlapping
taxing units. The adjustments will have no net affect to the overall TIF revenue. All the added area,
for instance, is baselined out. So, it's not collecting anything. It's only if future development
happens where there will be a positive impact. The areas we removed have a very negligible affect
to funds coming into the TIF District because they haven't been developed.
Mr. Corcoran went on, I said $100,000 before but it's actually closer to $160,000 of River West
Development Area Funds, those will be shifted into the South Side Development Area due to the
transfer of land, that two hundred and twenty(220) acres that we talked about. There is about six
hundred and twenty-five dollars ($625) of West Washington TIF Funds that will shift into the
River West Area. Part of the development plan includes a property acquisition list. I think these
words together are kind of scary for the public. What we wanted to do is, one(1) explain what the
property acquisition list and, two (2), align that list to potential, and I want to highlight the fact it
is potential,priorities. There are nine hundred and twenty-five(925)properties being added to the
acquisition list. For instance, all of downtown is already on the acquisition list. Being on the
acquisition list does not mean the City is going to actively try and purchase or acquire that property.
However, if that property is on the acquisition list and there is a City project we want to try and
facilitate, it allows for the Redevelopment Commission to negotiate with the property owner in
order to come to some sort of mutually agreed price for that property. The Redevelopment
Commission does not have what the City has in terms of eminent domain power. They cannot just
take property for a particular use. So, like any sort of property transaction, you can come to a
mutually agreed price and that negotiation ability is why we put a property on the acquisition list.
If the City wanted to purchase a property,we have to go through a standard procedure through the
Board of Public Works. We get two(2) appraisals for a property,we take the average of those two
(2) appraisals, and that sets the value. Now, it might not be the value that you think the property is
actually worth, but that would be the only way the City could buy the property. This just enables
the Redevelopment Commission to be more flexible in how they purchase property by,essentially,
being able to pay more.
Mr. Corcoran continued, Two (2) weeks ago, when I gave this presentation to the Committee,
Councilmember Broden had some updates she wanted to incorporate into each of the development
plans. Those updates hit four(4)main areas. The purpose, the development areas activities, goals
and objectives, and procedure to amend. I just wanted to note that Councilmember Broden and I
worked together to incorporate all of those additions we had. We went back and forth a couple of
times to make sure that we were both ok with the wording and as well as making sure from a legal
point of view, through our legal team, those amendments were made. You can see those
amendments in the documents you have in front of you. One (1) thing we did that we didn't have
to do, at least not in terms of what the State Law requires, was we had two (2) additional public
engagement sessions. We mailed 1,450 mailers to all the property owners who are being added
into the TIF. We set up a website and the postcard we sent out is depicted in the upper right corner
there (referencing a slide in the presentation). We had two (2) meetings. One (1) was on March
27th at the River Park Public Library. The second (2"d) was April 2nd at the Charles Martin Youth
Center. Generally speaking, this was a time for anybody being added into the TIF or added onto
that acquisition list to ask us questions and to explain how all of this works. We went through a
pretty elaborate presentation to explain all of that. Generally speaking,there were about thirty(30)
people total that came to those meetings. Again, there were actually a lot of people that spoke in
favor of it, especially in the Mishawaka Avenue area.
Mr. Corcoran went on, In terms of our TIF District adjustment process, we've gone through the
Redevelopment Commission and this is where it started with their Declaratory Resolution on April
11th. It went to the Area Plan Commission on April 16th. That was approved. We came earlier to
Council to do this,we delayed that two(2)weeks until today.And then finally,once it goes through
Council, it will go to a public hearing. We have to publish that notice of public hearing, ten (10)
days prior to the Redevelopment Commission's confirming resolution. So,as you can see,we have
the letters printed and the names on the envelopes, ready to go, so we can get that mailed out, so
people understand and know when that Redevelopment Commission meeting will be held. We
also wanted to make sure that if there are more people who wanted to come to that Redevelopment
Commission meeting, which is normally held on the thirteenth (13th) floor of the County-City
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REGULAR MEETING May 28, 2019
Building, we moved it into these Council Chambers. We want to make sure everyone can be
accommodated. With that, I will take questions.
Council President Tim Scott opened the floor to questions from Council Members.
Councilmember Dr. Oliver Davis stated, I would like to refer to our attorney. You and Mr.
Corcoran had talked. Can you share the content of that conversation?
Council Attorney Bob Palmer stated, We talked about Committee this afternoon and Council has
expressed some concerns about the interaction between the Administration and the Council. We
talked about the Council introducing a resolution to address those concerns and it would be in
conjunction with, but not necessarily at the same time as, this resolution being voted on. For
example, Tim and I spoke earlier, if the Council were to pass this tonight, a resolution will most
likely be passed, or at least introduced, at the next Council meeting, to outline the Council's
expectations and tensions with the Administration in completing these TIF realignments.
Mr. Corcoran replied, Just to note, we are happy to continue working with you in order to address
your concerns. I'd like to note that we delayed this action until today in order to take into account
Councilmember Broden's suggestions. To me, that is a willingness to work with everyone here to
work toward a mutually agreed upon solution.
Councilmember Jake Teshka asked, Is there a reason why there will be a separate resolution down
the road, and not just added as amendments tonight?
Council Attorney Bob Palmer replied, If this bill was amended, it would have to go through all of
the preliminary steps and through all the other commissions before it came back to Council. That
is why we were looking at a separate stand-alone resolution that the Council could pass on its own,
without any involvement from the other commissions it has had to go through and pass.
Councilmember Jo M. Broden stated, Mr. Corcoran, thank you for your long work that really does
date back probably an entire year on this. I know some other members are here from the
department. So,thank you all for your work and for putting this together. I think it will bring clarity
to all of our decision processes. Whether it be at the Redevelopment Commission or the items that
eventually circulate to our desks and for our consideration as a Council. This really undergirds
those decisions. So, the clarity will be greatly appreciated, and I think an excellent tool going
forward. I also want to thank you for the delay and postponement and your work in considering
these amendments. I appreciate the changes that have been made. I think some of those are
significant and I'm glad the department and the Administration were supportive of those. Then I
think hitting the public meetings twice, the piece you did not have to do, I think it was smart and
I also appreciate that from the aspect of TIFs and realignment and, you know, lists of properties to
be acquired. All of that really didn't necessitate, in my opinion,the information sessions. I'm a bit
disappointed they weren't well attended because this is a very common question that we as elected
officials have to deal with. One(1) on one(1), phone conversations, in meetings, every time there
is an abatement, a TIF, I mean, this all comes up and it certainly was a topic of conversation in the
past primary election. So, thank you, on all of that.
Councilmember Jo M. Broden continued, A couple follow-ups, if I might ask, the Baker Tilley,
the former Umbaugh group, the analysis and impact report, is that something that could be
accompanied into the record with this PowerPoint?
Mr. Corcoran replied, Those reports can be provided to you, obviously, but they are just part of a
step that is required to ensure that whatever we are doing is not having any negative impacts.
Because we are subtracting areas that are not generating TIF, it is basically no impact. But, I can
ask to make sure if we can, we will add it to the record. The PowerPoint will be available though.
Councilmember Jo M. Broden followed up, With regard to the meeting, the next step on this, it is
going to the Redevelopment Commission. It said June 13`h. Do you have a meeting time for that
meeting that you can announce? I appreciate having it here in the Council Chambers.
Mr. Corcoran replied,The meeting time is the standard Redevelopment Commission meeting time.
That is 9:30 a.m.
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REGULAR MEETING May 28, 2019
Councilmember Jo M. Broden stated, Ok, I would like to encourage, and again I appreciate the
schedule change for this venue, but if that meeting could be looked at by the Administration to
actually be at or after 5:00 p.m. I think, again, we have an opportunity to build awareness, educate
some,and basically take the veil away from the really smart work that this represents.For a number
of reasons, I strongly encourage you to do a 5:00 p.m. meeting on that. Then as I had shared in my
comments by letter with regard to the amendments, much of this hinges on, if you put this all
together, the development plans because they are our shared road map. Could you please address,
and you and I went over this, but it really does add to our understanding as a Council and a
community, but Appendix D, the development area plan documents that are part of each of these
plans, could you speak to those plans and how they tie into all of this?
Mr. Corcoran replied, The development plan is required as part of having a TIF District. That
development plan is sort of a road map to what types of things the Redevelopment Commission
will be looking to do and what things the TIF funds can be spent on. We wanted to make sure that
each of the development plans aligned with the City's Comprehensive Plan very closely. As you
know, you all adopt the Comprehensive Plan and any adjustments to that comprehensive plan. So,
for instance, neighborhood plans that become adopted by Council automatically become part of
the development plans for each district. Secondly, while each of the development plans are similar
to each other, where there were distinct differences, such as the West Washington Chapin
Development Area which is an historic area,we wanted to add a little bit of extra language, adding
some historic things, because that is part of what makes up that TIF District. So, there are some
small nuances between the development plans. Generally, they are pretty similar so as to align
with the Comprehensive Plan. When we talk about how the public is engaged in many of these
things, any neighborhood plan or any adopted plan that comes before the Council is automatically
then part of this development plan. So, in a sense, there is a lot of engagement that does go on in
order to get those plans in there. For instance, if you think about the Western Avenue street scape
projects, those are TIF funded. That started with the West Side Main Streets Plan. That plan was
adopted, the TIF was adjusted, and we've been building. So, that is kind of how all of this is
interconnected. It really is part of the State Law that requires us to have this, but we wanted to
make sure it was clear and concise.
Councilmember Jo M. Broden stated, Ok, so my two (2) final comments. So, the tons of public
engagement that goes into the participation, and by public, I just want to emphasize professional
planners, your department, local business individuals and groups, social, I mean, there are a lot of
folks who when a plan is done right, and in a timely way, it really should reflect the direction and,
I guess, will of the neighborhood. It should reflect our vision, whether it is a corridor or a specific
piece of land in the area. Knowing that, and then the formalized process it has to go through to be
a neighborhood plan, I want to make sure I'm understanding this correctly, those plans actually
then become part of the Comprehensive Plan, correct?
Mr. Corcoran replied, Correct.
Councilmember Jo M. Broden went on, Then, the next piece is, that comprehensive plan should
then also be inclusive of these neighborhood plans, and they should be the guiding principles,
right?And sometimes down to the detail in terms of that shared vision. So, I appreciate the process
and this connection you've gone through, but back to my remarks. On all of this, I mean, we can
carve our areas and label them TIF,right,on a given map? We can have a really clear plan in terms
of what your department has done. And we can have the neighborhood, etcetera plans, inform that,
right? It can be the guiding document for both the Redevelopment Commission and the Council.
But, I think it all really, and that's great. But I think it all hinges on, and these are the three (3)
points I hit in my letter and I did want to touch on them tonight. I think there is a requirement, and
I would harken back to this Council's work, Councilmember Davis introduced Bill No. 16-90 in
2016 about bi-annual updates on the plans to Council. Then also, how can we review these and
revisit them in a timely manner so that we can make sure that vision doesn't get stale?To my point,
I think I would like to see, by tonight's action, we can approve the boundaries. We can approve
the realignments and the shifts. We can have a really good and strong document with the intention
that the Comprehensive Plan includes these smaller neighborhood plans, but really where the
rubber hits the road, those plans because we are all reliant on them for really large amounts of
funding as well as decision-making here in the Council, it really does hinge that those plans are
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REGULAR MEETING May 28, 2019
updated on a regular basis. They need to be pulsed. Does it reflect our vision at the neighborhood
level? That has got to be a priority. I would suggest that in 2016, Bill No. 16-90, it was said it was
a priority of the Council Members who sat to my left and right back then. So, I guess my request
is making those updates a priority. We need to schedule those updates. Each one (1) of these area
plans have plans behind them that are approved. So, reviewing those and updating them is
important. Then there are some areas within these identified districts where there really may not
even be a plan. So of course, then, we must start down the road in doing those plans. But, that has
to be a priority and it has to be scheduled.
Councilmember Jo M. Broden continued, That gets to my second (2"d) point. We as Council, but
the Administration in particular,has to embrace that concept and, frankly,budget for that. Whether
that is in-house staff or whether it is with the help of a consultant, and I do want to underline help,
because this comes down to where people live, walk and spend the majority of their time. So, I
want to make sure that as we go into budget season, you've heard the priorities of this Council in
the past. I think we are all better-served by documents that are refreshed, up to date and that pulse
is still in our vision. Then third (3rd), the Redevelopment Commission is made up of appointed
individuals. They are not elected individuals. The tremendous amount, the millions of dollars that
are spent on an annual basis through there, there are opportunities for greater transparency and
greater education of what goes on there. Because these are tax dollars shepparded away, we don't
generally have the first (1St) look at them in terms of those decisions. So, it is very important to
me, and I hope other Council Members will join me and, if it has to be by a resolution at our next
meeting, frankly, I think it could get done by a commitment. A commitment to transparency that
takes the Redevelopment Commission meetings to 5:00 p.m. That is so the public, who has so
much invested in this, can be a part of that process. I would like to see that effective July 1. I have
been asking for it for four(4) years. Or, three(3) going on four(4). I really think for transparency
and for our shared vision of where we want to go for our community is really important. So, I
shared that earlier, I thank you for your indulgence Council Members for letting me do that again.
I've set forth, pretty clearly, what I would expect, frankly, at this point, three (3) and a half years
into my term. Then, finally, the last piece, oh no, that's it.
Council President Tim Scott stated, Thank you. I would like to remind Council that we will have
time for comment later. This is the time to ask questions to the petitioner.
Councilmember Dr. Oliver Davis stated, In light of what was just shared from Councilmember
Broden, and the question from Councilmember Teshka, if we were to put together a resolution,
isn't it possible to meet the needs she has talked about? I have thoughts on that.
Council Attorney Bob Palmer assisted Councilmember Dr. Oliver Davis with the possible
timelines of introducing the proposed resolution.
Councilmember Jo M. Broden stated, This thing really needs to get passed tonight. I think we can
do a resolution. If it's unanimous, a four (4) five (5) vote, it will be taken on its merit. It sounds
like it can be done in one(1) meeting and as a resolution. Then it goes to the Administration. The
Redevelopment Commission is a combined commission of Council appointees and Mayoral
appointees. If transparency is a priority and if we really do feel education on this very important
funding mechanism, this is what it is all about. It is a very important funding mechanism and tool
that is critical to our City. I don't want to hold up anything tonight and would be fine with doing
a resolution.
Councilmember Dr. Oliver Davis stated, Since it's the Redevelopment Commission, I mean,what
kind of teeth would that have?
Council Attorney Bob Palmer stated, Resolutions are not legally binding on any party. It is an
expression of the Council's intent and desire of what it wants the Redevelopment Commission to
do. It would not be mandatory in any way.
Councilmember Dr. Oliver Davis followed up, Then the question comes, do we as a Council have
the authority to make it into an ordinance? I know it would be a longer time, but do we have any
authority to change the times?
Council Attorney Bob Palmer replied, I do not believe we have the authority to govern the
Redevelopment Commission.
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REGULAR MEETING May 28, 2019
Councilmember Dr. Oliver Davis stated,My point then is,if we don't have the authority to do that.
Mr. Corcoran does not have the authority to change the meeting time. So, how in the world can
we set up a resolution to address those issues if he is here in front of us and he doesn't even make
the decision for that? Do you see what I'm saying?
Council President Tim Scott stated, I think resolutions are part of this process to tell the
Administration that this is a priority. Nine (9) of us, or however many of us agree, need to drive
that home.While the timing isn't the greatest,we are also all welcomed to go to the Redevelopment
Commission meetings to drive that point home as well. I think it starts with a resolution, formally
stating what we need to state, and then putting it on the agenda. We need to drive that home that
there is a call to change the Redevelopment Commission.
Councilmember Dr. Oliver Davis stated, I just wanted to make sure. I mean the issue is, in 2014,
when we had the other part, we heard from Mr. Bognar this afternoon that a lot of things promised
did not come through. We just had the issue of 2016 saying we were going to get regular updates.
This is 2019, I mean, so personally, we've passed two (2) different situations very similar to this.
The follow up, on both occasions, did not net anything. So, that's my concern. We cannot do an
ordinance to control the Redevelopment Commission. The last two (2)resolutions did not do that.
It is almost to the point where we pass these and not expect anything. We need to keep the fire
under this year and next year.
Council President Tim Scott stated, I want to bring it back to Bill No. 19-35. This has been a side
bar. I think this is all good conversation and this bill has given birth to that conversation.
Councilmember Regina Williams-Preston stated, Thank you, and I have some wonderful
comments later. You added sites to the acquisition list. Did I hear correctly when you said you
added those sites so that every parcel within the TIF District is on the acquisition list?
Mr. Corcoran replied, No. We thought about it because it would make things easier but, at the
same time, if there isn't real reason to do it, we just didn't do it. Why stir up controversy for no
reason?
Councilmember Regina Williams-Preston followed up, I know we've had visioning sessions on
the Portage Elwood area and I know we extended the boundaries to include some of that area. So,
I'm curious, are those sites on the list?
Mr. Corcoran replied, Those were not ever on the acquisition list before, but I think if it's a
commercial or retail area, we probably would have added it into the list.
Councilmember Regina Williams-Preston stated, I wasn't able to discern if it was on that list or
not. When we had the visioning session, those were the questions.
Mr. Corcoran replied, The areas we are adding in that area, I do believe, are being added to the
acquisition list. Where we shy away from adding is if it was a residential property but, again, if it
wasn't part of an immediate plan or something we had thought about,we didn't. For instance,Coal
Line Phase Three (3), that is an idea. It may happen many years down the road, so, we did add
areas through there but where we've added other areas, we didn't add all those areas onto the list.
Council President Tim Scott stated, Just to follow up, part of it was the east side of Portage, north
of Elwood, to help with the enhancement of that commercial node that was left out of the last
realignment. That was a request on my mind.
Councilmember Regina Williams-Preston asked, So, you'll let me know?
Mr. Corcoran replied, Yes. All the addresses are on there,but I'll follow up with you.
This being the time heretofore set for the Public Hearing on the above bill, proponents and
opponents were given an opportunity to be heard.
Janice Kimbrough, 1701 West Linden Street, South Bend, IN, stated, I am in favor of this. My
family owns quite a bit of property down College, all the way down to Brookfield, and we would
be interested in planning some redevelopment for that area. So, I'm in favor of that.
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REGULAR MEETING May 28, 2019
Jason Banicki, 3822 West Ford Street, South Bend, IN, stated, I'm not opposed to all parts of the
TIF being realigned because we definitely need to update and move some of those boundaries.
But,there are definitely a few areas that draw my attention. One(1), all of the voluntarily annexed
land being included into the TIF. That will have a negative impact long-term because most of that
is undeveloped land and will have a very low property value. Then, of course, when development
that is already anticipated on this land comes in, now it will all be captured in the TIF District.
Well, these places asked to be part of the City. It doesn't mean they should get to the front of the
line and have access to new infrastructure enhancements that people in the City have long been
neglected from. The Zoo. I've talked about it for years and I'm going to continue talking about it.
They asked to be let out of the City's budgeting process because they said they can do better.Then
they came to us a few years ago for a food and beverage tax. Taxpayers said no, you wanted out,
you're out, don't come to us for more money. Now we are realigning TIF,they are back here again
trying to get into our tax payer dollars without the oversight that should be required from the
Council as part of their budgeting process. They want us to pay for their wants, not their needs.
TIF is not the means for that to happen because it will not improve property values for the
surrounding properties. It will not add TIF dollars to the roll. Anybody who has lived in South
Bend from 2008 to today have seen their property values rise. That has a positive impact on not
just our City but for our parks and for our schools. Well, right now, our schools are struggling and
when we add all this new TIF land in, the schools don't see that benefit because all those TIF
dollars go to the Redevelopment Commission. We need to make sure we are not just looking out
for our redevelopment needs and wants, but we are looking out for our schools. A lot of us who
ran, a lot of people up here talked about our schools the past few months,TIF is a negative impact
on our schools. I think it is great we are going from forty-three percent(43%)to forty-one percent
(41%) of our City, I still think forty-one percent(41%)is way too large of a number to be in a TIF
District. You are talking about two-fifths (2/5) of our City where we are giving up a whole lot of
our tax dollars and turning over the oversight from the Council and the Mayor over to an appointed
commission. As taxpayers, we want to see our elected officials in charge of those tax dollars, not
appointed individuals. How about we postpone this, since we've been asking for years for
oversight from the Mayor's Office and feedback, and for these meetings to be moved? How about
we say, hey, you want this approved, not until you move the meetings to 7:00 p.m. so the general
public can be a part of those Redevelopment Commission meetings? Until you move those
meetings, we aren't moving your TIF boundaries. Until you agree, in writing, to give us biannual
updates on this, we aren't approving your TIF District changes. That is part of the legislative
process. Now, you have some power to say, until we get what we want, you're not getting what
you want. I would say this is an opportunity to postpone this and use your power of the legislature
to get some changes.
Wayne Hubbard, 215 East Fox Street, South Bend, IN, stated, I would like to know who the
appraisers are. I would like to know if you guys are the people who do the appraisers. If not, I
would like to see if that is a conflict of interest if it is a closed door to you guys. I'm not sure how
that goes. Also,how much of the City does the City actually own? How much more is given away
through this program? It kind of seems like they're asking you to sell out. So, I'm just asking for
your opinion on it. It seems like a slick way for them to get more land for motivated sellers.
Joseph Jones, 605 Donmoyer Avenue, South Bend, IN, stated, There is a lot of talk that goes over
the heads of a lot of voters, whether it be a Council meeting, a Plan Commission meeting, I say
things to my family members at times that go over their heads. I've got very simple questions. One
(1) is, as far as tax incremental financing goes, if I own a home in South Bend and I want to do
renovations on my home which will increase the tax value, am I able to come apply for tax
incremental financing the same way developers who are doing these bigger projects are? Because,
if not, and this isn't contingent on anyone's answer to the question, I'm opposed to this bill on the
grounds of due diligence and equal access. Due diligence being, as Greg mentioned, the
commission where meetings are held about what we are doing with the land once we rezone it,
those meetings are being held when a lot of people are not able to attend. If you want to drive a
point home to the Mayor, or the Administration at large, stop doing what they want you to do. It's
like raising a child. If you don't give them consequences, they're not going to stop what they're
doing. If you want to drive a point home to the Administration about what Councilmember Broden
talked about, as far as transparency goes, don't approve the resolution tonight. Tell him, if you
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REGULAR MEETING May 28, 2019
want a resolution approved to rezone land for these projects, then you have to have your plan all
the way in order before we do that. Just like if I try and go to get a small business loan and start a
small business in South Bend, I'm going to have all my I's dotted and my T's crossed. That is
where we get into equal access and equal standards. If I have to have every I dotted and every T
crossed on my paperwork when I go to apply for a small business loan, and I know how that works
because my family used to own a small business in South Bend, then the City needs to have their
paperwork and their plan all in order before we put that amount of the public's taxpayer money on
the table. Projects and the TIF realignments and so forth, they affect everybody else's property
taxes. I'm very fortunate. I have seen the assessment paperwork this year on the property where I
make residence. The value was higher this year than it was last year. That obviously means the tax
on the property is going to be higher. Nothing has changed with the property I live at. We've done
no renovations.The reason I stand opposed to the bill being considered is that it is obvious,tonight,
as Councilmember Broden and Davis spoke to, the process is not completed for what is going to
be done. We are supposed to give approval for the use of tax money to do it.
Eli Cantu, 1813 South Douglas Street, South Bend, IN, stated, I won't take too much of your time.
All I really want to make a point of it is that we should want to be inclusive. I think inclusive
comes in three (3) different ways. You could open up your doors and let people come in. You
could also open up your doors and don't judge how people come in. Because, a lot of times, that
happens. Then we could take a step further to also be inclusive and not judge people how they
come in, but we can also go to them. Me, from training kids in different neighborhoods, I would
notice if I trained in a specific area, I couldn't expect the kids from the north west side to come
over if I am on the south side. So, you really have to take it to them if you want to be inclusive. I,
for one (1), am the Vice President of the Rum Village Neighborhood and I believe part of this is
in the south side area. We never heard about this. This never came to us and we didn't have any
input on this. If I'm looking at this, my thing about TIF is it should be about the neighborhoods. It
should be for the development for our neighborhoods. It goes to private companies. I look at this
map and I see the Studebaker footprint. Five (5) brothers, symbolizing family, starting a huge
worldwide company, now we are giving these TIF dollars to companies not even from the City.
Why can't we envision our people here in South Bend and give them the respect and help to assist
them to have companies. Maybe instead of giving these breaks and this money to people from the
outside, give it to local companies and promote local entrepreneurs. The point I'm trying to make
is we want to be more inclusive. I completely agree with Councilmember Broden. I appreciate
what you're saying, and I think it is very important. If you guys have the option, I would hope you
table this to get further input from neighbors who actually live there. I appreciate you had listening
sessions but those don't cover the whole City. That is all I want to say. Maybe make another reach
that is more effective. I don't think they were very effective. A lot of people that are going to be
affected weren't able to give their input.
Councilmember Regina Williams-Preston stated, I would just like to thank the Administration,
Tim, and everyone who worked so hard on this over the course of the last several months. Even in
your presentation, it was apparent you're hitting some of the marks we have been saying. One(1)
of the slides in the presentation highlighted the areas that were parks. It was a visual representation,
for me, of how we've been calling for development to happen outside of downtown and all around
the City. It was very noticeable that this realignment will provide money for redevelopment in all
corners of the City. I want to thank you for that. Also, I think I want to thank you for being
responsive to the people in District Two(2). Initially,that area for LaSalle Park was not completely
a part of this realignment. Also, Linden Street was not initially included. Based on interactions
with residents, over on the Lake and over in Kennedy Park, they asked for that to be included and
you included that. So, that is going to be a really important piece for redevelopment in a new way
in a historically black business district. We will be able to bring that back to Linden Street. Also,
we need to make sure we are redeveloping all areas around the Lake which includes some of those
residential areas. So, I appreciate that. I would also like to speak to some of the things members of
the public stated tonight. I'm in favor of moving this forward tonight because I know there has
been a lot of work done by, not just the City and the Council, but also by some residents in the
neighborhoods who are really looking forward to moving on into planning and developing their
areas. I agree that we need to increase our connection and communication with the neighborhoods,
so people can be more a part of the conversation going along. I also notice we need more education
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REGULAR MEETING May 28, 2019
on what TIF is and how it can be used. We have done some work with some community
organizations such as the Community Forum for Economic Justice. They held a forum several
months back on TIF to explain what it is. We actually invited some people from the
Redevelopment Commission and some local economists to speak with regular folks. It was held
at the Main Branch Library. Again, we have to do a better job of letting people know when these
opportunities are happening so that more people can get engaged in the discussion. It is exciting
tonight, for me, to see so many people wanting to know more and challenging your elected
officials,because that is what you need to do at every moment. It is also on us to make sure we are
engaging the people we represent. I know I've seen each and every one (1) of these folks
advocating for their neighborhood and I see that is coming up in this legislation.The work we have
all asked to see is happening, and maybe we aren't sharing that well enough with the people in the
community. We need to do more of that. I look forward to doing more of that in the future.
Councilmember Regina Williams-Preston continued,Finally,about schools,this is a piece we need
to talk about because one (1) of the things revealed in that meeting we had about TIF is that TIF
can be used in a lot of different ways. That was one(1) of the things we were challenging the City
on. We were asking why we are doing this, and it hurts schools. If you know anything about me,
you know that is a really important thing to me. We need to make sure we are doing everything
we can to support the schools. One(1)thing that we learned was,we could expire the TIF Districts,
but the way schools are funded, that might not be our best option because when those tax dollars
go downstate, the State makes the determination and they might not necessarily support public
schools. So, it is important for us to understand that it might actually be better for us to have that
money in the TIF District so that we have local control over those dollars and how they are spent.
What that means is,you all have to be able to come to those Redevelopment Commission meetings
and keep the pressure on elected officials and those making those decisions in order to use that
money for the schools in a way that we want. Finally, we learned about a thing called the
Residential TIF. That has been used. Somebody asked about applying for that. If we want to look
at a Residential TIF, the pros and cons, that is a discussion we can have but we need more
education, not just for the residents,but also the Council, on what we can do to move forward on
that. So, Councilmember Broden's point about getting those meetings to a time where people can
come, we've been talking about that for a long time, that will help us all engage in a way that we
can bring about the best use of these dollars and make sure that everybody is included on these
decisions. So, again, thank you. I think we've done a lot of really great work, and I want to honor
that, and I also want to make sure that we do echo the sentiments of those that came forth. Yes,we
will continue to engage and yes,we will make sure we make time and are available to not just hear
your input, but your input has impact on decisions moving forward.
Councilmember Sharon L. McBride stated, I agree with everything my colleagues have said. I also
appreciate you looking at the Third (3`d) District because it has increased our TIF in our
neighborhood. Specifically, I know one (1) of our parks is being renovated and will be opening
this summer. So, that is a great use of TIF. The engagement we've had with the Miami
Neighborhood Association and SOAR has been great, as well as River Park. I appreciate all the
input and insight we have had. The Miami Corridor definitely needs an uplift to get businesses
back up in that district. So, I just want to say thank you for taking our thoughts and suggestions
into consideration.
Councilmember Jo M.Broden stated,Very quickly,statutorily we don't want to get into anybody's
lane, right? In terms of the decisions that are made. We have our representation on the
Redevelopment Commission as two (2) members. It's a five (5) member body. We are
outnumbered,ok? But,it's not about being outnumbered. It's about collaboration and about input.
People want to be a part of these decisions. People want to understand the process. People want to
shape their own community. Sitting at a meeting matters. Even if your mouth is shut the entire
time, sitting at a meeting matters. It matters to you and that's important. I value that. It matters to
me, even it you sit there and your mouth is shut, it matters. It matters even more, in some regard,
if you get up and talk because what comes out of your mouth makes us all better. It challenges our
ideas. It makes us be on our toes, ok? So, a change in time is all I'm asking for. I would be happy
to put that in a resolution. 5:30 p.m. would be a dream. That is when most of us hold our meetings
in the community. When Public Works goes into the community, when South Bend Police goes
into the community, when any neighborhood group meets in this community of ours, they are
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REGULAR-MEETING May 28, 2019
dealing with important issues that matter to people. It is about their own property and their own
shared space in their given neighborhood,or this entire community,right?We are all invested. We
are all citizens here. What we do in our geographic boundary within the City of South Bend, also
matters to the institutions like our public schools and public library. The taxing entities at the
County level, other groups are dependent on the decisions that we make as a Redevelopment
Commission, ok? These are important decisions. They need to be in the light of day, specifically
in the evening, and there for God's sake doesn't need to be, by law, I've read the law, a public
portion on the agenda. By, for God's sake, why can't we hit that mark? Sorry for the lecture.
Councilmember Jake Teshka stated, I concur with my colleagues. Councilmember Davis pointed
it out earlier, we pass this thing and it would be giving up our leverage to make these changes. I
would just like to see that these meetings be moved. There is so much money funneled through the
Redevelopment Commission and it's not even to make it more accessible for the public, but for
Council as well. Sure, we get all the agendas and packets, and I appreciate that, but there are
discussion and things that you don't get by reading a packet at home by yourself. Council is a part-
time gig, at least it's paid as such, and so we all have other jobs for the most part. To make a
meeting at 9:30 a.m. is typically difficult. I know I would go to more if they were later.
Councilmember Dr. Oliver Davis stated, It is my twelfth (12th) and final year on Council and at
the end of 2011, we had a meeting with Mayor Luecke. We asked about TIF and what the uses
are, and we had a big debate in that meeting. There is a grey area and we had a nice twenty (20)
minute discussion on the color of that grey. The State definition, back then, Valparaiso was using
TIF money to get police cars. Why can't we use it like that? Why can't we be more creative? We
had that discussion in 2011, a new mayor comes in. In 2014 we were promised a lot of things. We
were told we would get updates on a lot of things like the City Cemetery, and that's been great and
I'm glad for that, but a lot of that never did follow through. In 2016 we wrote a resolution to have
updates and it's always on us to have to do that. In the last campaign, it was stated that if you like
what's going on, currently, vote for the person who was closest to him and went to elementary
school with him. People did. So, basically, people said they like the meetings at 10:00 a.m. Ok?
So, unless you put some teeth on it and say we are going to hold this hostage, you're not going to
change. I'm going to hold, this, this, nobody changes that. As a social worker in life, nobody
changes that if nothing is changed. If you don't apply some kind of change,the other change is not
going to have that reaction. So, there is no way I can support this tonight.
Councilmember John Voorde stated,It should be evidently clear,on the part of the Administration,
that the Council favors a change in the time of the meeting of the Redevelopment Commission. It
could, and should, be done.
Councilmember Gavin Ferlic stated, I would like to make a statement on the bill. Thank you for
listening to Council's priorities regarding the TIF realignment. I think this all stemmed from a
conversation with the Council in terms of our priorities to be potentially helped by TIF. So, thank
you for this bill.
Councilmember Karen White stated, I, too, would like to thank everyone in the Administration
and others that have been involved with these discussions that really started in October of 2018 as
we began to look at the realignment. I would like to personally thank the citizens who were able
to participate. I want to ensure that the areas we heard of are reflected in the realignment. Of course,
there remains much to be done, but this is a beginning. Clearly, as we begin to listen, and you've
heard from Council Members and citizens that came forth, there is a need for clarification and
education in regard to the role of the Council as it pertains to redevelopment. There needs to also
be more information on TIF and what it can and cannot be used for. Most importantly,there needs
to be an ongoing mechanism in place for full engagement and education as well. We started doing
the budget process last year with having what we have titled the Budget Educational Series. One
(1) dealt with TIF and, again, we still see the need. I am in total agreement that not only do we
need to send a resolution, but we must hold ourselves accountable to make sure that information
is forthcoming and that we have all the information we need in order to move forward. We talked
about having all the various plans being submitted to this Council on a quarterly basis. That did
not happen. So, we have a responsibility to make sure the education is forthcoming and that the
citizens are fully engaged. When I look at those numbers of citizens that participated in the series,
we as a Council, have to make sure that our citizens have the information, they are encouraged to
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REGULAR MEETING May 28, 2019
participate, but also make sure they have other means to disseminate this information. Again, as I
begin to look at our Standing Committees, there is a lot we can do through our Standing
Committees to really have that full engagement. Then, we can take that information and begin to
form what we need to have to ensure the various districts have all the resources and services they
need in order to be full participants in that process. I thank everyone. I am in total agreement for
the resolution. I think it needs to be very clear. After the resolution has been presented, we then
have a responsibility that we have a time frame in which we get the information. I encourage we
invite members of the Redevelopment Commission come give quarterly reports to the Council to
establish that relationship as well.
Councilmember Tim Scott stated, I agree with the resolution and agree with the conversation that
came out of this.Bill No. 19-35 is about boundaries and I appreciate the alignment and adjustments,
especially the ones in the first (1St) district, that helped set the table for any business, local or
beyond. What this does is it provides tools and opportunities for people to make adjustments. I am
not a big fan of us versus them and leverage over the Administration, that type of thing. We are all
in this together and we should be able to work in collaboration like we have done on this part and
on other things. We need to work through it in a positive way with a positive solution that benefits
everybody, even the citizens of our lovely City. That said, I am supportive of this. We have been
talking about two (2) different issues. This gave birth to the resolution and that discussion which
I'm happy to support as well. If the Council doesn't see the Redevelopment Commission is doing
exactly what we would like to see as representatives of the citizens of South Bend,that is our point.
That is our job to make sure that we put their feet to the fire and we make sure things are done
correctly and in the most transparent way. I am going to support this and look for a resolution from
those that want to do it in two (2) weeks.
Councilmember John Voorde made a motion to adopt Bill No. 19-35. Councilmember Jo M.
Broden seconded this motion which carried by a voice vote of eight (8) ayes and one (1) nay
(Councilmember Dr. Oliver Davis).
19-37 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ACCEPTING AND CONFIRMING A
RESOLUTION OF THE SOUTH BEND
REDEVELOPMENT COMMISSION
DETERMINING THAT THE ASSESSED VALUE
OF PROPERTY IN THE DOUGLAS ROAD
ECONOMIC DEVELOPMENT AREA FOR TAX
YEAR PAYABLE 2020 MAY BE ALLOCATED
TO THE RESPECTIVE TAXING UNITS AND
OTHER RELATED MATTERS
Councilmember Gavin Ferlic, chair of the Community Investment Committee, reported that they
met this afternoon and send this bill forward with a favorable recommendation.
Beth Leonard Inks, Director of Redevelopment Finance for the Department of Community
Investment with offices located on the 14th floor of the County-City Building, South Bend, IN,
served as the presenter for this bill. Ms. Inks stated, I'm here to bring this resolution to you. As
we've discussed before, we've stopped bringing in the Douglas Road TIF. We are trying to finish
off the one(1) last project we are doing over there, and we expect to use money we have on hand
to be able to do that.
Councilmember Jo M. Broden asked, What is that project?
Ms. Inks replied, We are working on the relocation of some utilities.
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. 19-37. Councilmember Karen White
seconded this motion which carried by a voice vote of nine(9) ayes.
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REGULAR MEETING May 28, 2019
BILLS ON FIRST READING
There were no bills for First(1St) Reading.
UNFINISHED BUSINESS
Councilmember Dr. Oliver Davis requested updates from the Administration on the progress of
quiet zones for train horns as well as development with the South Shore Train Station location
discussion.
Council President Tim Scott assured updates on both of those issues.
NEW BUSINESS
Councilmember Tim Scott stated, The South Bend Police Department had a third (3`d) shift
cookout this past Sunday. I was there last year and there were, max, maybe two hundred (200)
people. I was told there were over seven hundred(700)people that showed up this year. I got there
at 9:02 p.m. and it was really good. There was a donut eating contest which a cop won. I don't
know why that would surprise anybody,but he was about 6'8"three hundred(300)pounds. I think
he had been practicing. It was great, and the police officers were able to interact with the citizens
that came out.
Councilmember Dr. Oliver Davis announced, Tomorrow, May 29th at 5:00 p.m. we will have a
Zoning and Annexation Committee meeting.
Councilmember Regina Williams-Preston requested an update from the Administration on the
South Bend Home Improvement Program, including how many homes that have been repaired,
the status, and the application process.
Councilmember Jo M. Broden requested an update on the Rental Safety Verification Program as
well as updates on the South Bend Police Department and South Bend Fire Department recruitment
processes.
Councilmember Jake Teshka announced there will be a conference call on the RSVP, and more
detail will come.
PRIVILEGE OF THE FLOOR
Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, There are about two (2) or three
(3) categories of different people in the City. There are some people that really care about
government, and I'm in that category. And some people I don't think really care. I was out on the
27th helping a lady with Code Enforcement. The lady doesn't have the access and resources to do
what needs to be done on the lot. People like her need help. So, we did the best we could. I went
to the Code Enforcement Director to see if she could get an extension to have a bunch of us help
and get that lot brought up to Code. The Code Officer told us that they had so many other lots and
things they are doing. I was also given information on the ordinance. Left there, went up on the
second(2nd) floor. A lady is paying taxes on a lot she doesn't own. The husband owned the lot and
he's deceased now. So, she's paying taxes on it, but she doesn't own it because it is on tax sale.
So,where is the money going? People need transparency from the various departments. I'm trying
to figure out how to be the nice guy and get along. But, I need answers so I'm going to push. I
know I'm going to get push back. I like Mr. Scott and I listened to what he told me. I like him. He
gave me a good answer. I want it done, seriously though.
Jason Banicki, 3822 Ford Street, South Bend, IN, stated, I got to read about the twenty-nine (29)
lane miles of streets being paved. I saw the list and then saw Ford on there, about a two (2) block
stretch. Most of you were just on Ford. If you saw that stretch of road, what you saw is a road in
no way near needing to be repaved in comparison to two(2)other blocks that are beyond destroyed.
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REGULAR MEETING May 28, 2019
I would love to find out who makes those decisions and what goes into making those decisions,
given that we have 2,200 lane miles of road that need to be paved, and somehow stretches of Ford
get repaved every three(3) or four(4) years. I live on it, I appreciate it,however it has also caused
a negative impact and that is our curbs have completely disappeared,on most of the stretch. I think
we need to evaluate how we decide what roads get paved. There are so many worse stretches of
road. If that person wants to sit down with me, I can show them. I was literally on every street in
that district, I know those roads like the back of my hand now, places I never thought I would
know. One (1) of the things that I talked about when I was running was infrastructure. It is past
time to dip into those cash reserves to do curbs and sidewalks.All throughout all the districts,there
are areas where there has never been a sidewalk or a curb. I think it about time to use some of that
$300 million cash reserves to make some improvements people can see and can benefit from. A
lot of people I talked to didn't expect it day one (1) or day two (2), but they want to see some sort
of plan.My neighborhood is an example.The Federal Grant got stretches for the schools,we would
skip two (2)blocks and then the City would do a stretch, then we would skip two (2)more blocks
and do another one (1). People in those in between blocks, residents feel left out. They would
rather see a plan.
Claire Ross, 726 Cushing Street, South Bend, IN, stated, I come before you, and have come before
you many times. Mostly it is about the homeless and today is about the homeless, but it is also
about a plan of action I would like to see done by the City of South Bend. Yesterday there was a
tornado warning. There is no plan of action for those who are unsheltered. There is nothing
available for them or places to be in times of inclimate weather. I, myself, was caught in it. I was
on Western when the sirens went off. There was no place for me to go. My home was miles away
and I had no place to go. I speak on behalf of them and I would like for us to have a plan of action.
I'm not asking for any money. I'm asking for a plan for people to have somewhere to go,warning,
siren, or an actual tornado to touch down. There is no place for the unsheltered to go. I'm asking
for a plan of action. I'm asking the City of South Bend to be proactive instead of reactive. Thank
you.
Dona Cockran, 1726 Johnson Street, South Bend, IN, stated, Hers was more important than mine,
but it's about the ducks. Is there any way to protect them while the construction is going on in
Leeper? I was bringing my grandson home from school and people fly down that road. The ducks
are standing there saying, um, where is my house? Understandably, they are ducks and geese,but
can't there be some way to help protect them? Speed bumps to help slow people down? We know
people don't pay attention and we know there are people that don't like them. I work around
animals myself, I've been doing it for twelve (12) years. Unfortunately, or fortunately, I do have
a special love for the animals. Is there anything the City can help do? I don't know. If we could,
that would be really nice. Good luck on the park.
Joseph Jones, 705 Donmoyer Avenue, South Bend, IN, stated, I noticed recently that there is a
stretch of Eckman being repaved between Erskine and Miami. I've also noticed that Donmoyer
has not been addressed. In the time that I've lived there, I've not seen major projects to repave that
road. Now, I understand that is a road that have two (2) schools and a church on it, etcetera, but
there are months in the summer where there are vacations from schools which also happen to be
the best time to do road construction. I would think this street would be a priority because it has
two (2) schools on it. I watch the children walk back and forth and I guess the question I have is,
as members of our community, is there something we can do or some way to request getting this
road paved? It is a very diverse neighborhood. Very briefly, sometimes the City catches a bad
reputation and catches a bad rap. Not all of it is always justified. There is transparency. For
example, I'm able to come here and speak. I'm able to come here and be educated. But, it's in
presentation as well. As a child and as an adult, I've been told, and I've learned, repeatedly, it is
something you have to keep up on. I've been a department head at a job that I was at within the
last six (6) years. The people I worked over, to this day, will call me to see how I'm doing and
even ask advice on certain things. Even when I made more money than them, I never functioned
like I was their manager. I wanted them to think I wasn't. With that, I thank you.
ADJOURNMENT
There being no further business to come before the Council, President Tim Scott adjourned the
meeting at 9:05 p.m.
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