HomeMy WebLinkAbout06-24-19 Health and Public Safety 4SpUTH,9 �,
r1.
UC
PEACE
w
2
1865
OFFICE OF THE CITY CLERK
KAREEMIAH FOWLER, CITY CLERK
HEALTH &PUBLIC SAFETY JUNE 24, 2019 3:50 P.M.
Committee Members Present: Jo M. Broden, John Voorde, Karen White, Dr. Oliver Davis
(late)
Committee Members Absent: None
Other Council Present: Tim Scott, Gavin Ferlic, Regina Williams-Preston, Sharon
L. McBride, Jake Teshka
Other Council Absent: None
Others Present: Graham Sparks, Bob Palmer, Ryan Wrobleski, Morgan
Gonsoski, David Moses, Shanita Hunt
Presenters: Eric Horvath, Kara Boyles
Agenda: Update: South Shore (15 minutes)- Eric Horvath, Director
of Public Works
Update: Quiet Zones (15 minutes)- Eric Horvath, Director
of Public Works
Committee Chair Jo M. Broden called to order the Health and Public Safety Committee at 3:50
p.m. Committeemember John Voorde made a motion to remain in the full Council Chambers.
Committeemember Gavin Ferlic seconded this motion which carried by a voice vote of three (3)
ayes.
Committee Chair Broden then gave the floor to the presenters.
Update: South Shore (15 minutes)- Eric Horvath, Director of Public Works
Eric Horvath,Director of Public Works for the City of South Bend with offices located on the 13th
floor of the County-City Building, stated, Thank you, Council. I wanted to share a quick update
on South Shore and would be happy to answer any questions, as well. As you all may recall, we
went through the Phase One(1) study of the South Shore which looked at potential locations for a
new station in South Bend.The goal is we want to keep the overall time,with the double-tracking,
to ninety (90) minutes from downtown South Bend to downtown Chicago. We've continued to
move that forward. The results of the first (1st) study showed the costs of different locations but
also showed the economic impacts of various locations. It showed, by far, the largest economic
INTEGRITY' SERVICE'ACCESSIBILITY
JENNIFER M.Coir BIANCA L.TIRADO JOSEPH R.MOLNAR
CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.9221 I f 574.235.9173 I www.southbendin.gov
CITY OF SOUTH BEND OFFICE OF THE CLERK
impact would be to have the new station in downtown South Bend. We wanted to look at that
further.
Committeemember Dr. Oliver Davis arrived at the meeting at 3:52 p.m.
Mr. Horvath continued, It was also the largest cost of all of the options. It hasn't been downtown
since the late 1960's. So, this phase was to take that work that had been done in the preliminary
phase and do that next step of trying to do some further due diligence on that downtown option.
Subsequent to us working with AECOM in putting together the contract to do that, we also had
been contacted by the County and the Airport. They were looking at a Cargo Master Plan for the
Airport, as well. So, while we studied the airport, both east and west as possible locations in the
first (1st) study, we did not include any potential economic impacts that we would have from it
having the cargo capacity as well. So, the idea is that they thought if they took the tracks to the
west side of the airport, you could use them for NICTD, the South Shore line, but also to bring
cargo in that would have a route from cargo planes coming in and then being able to put it onto
the train line.
He went on, So, we have an interest in making sure all of that work was coordinated. We didn't
want somebody different doing an economic impact analysis and not following the same format
that we did on the previous one(1). So,we asked for them to include that work in with our contract
with AECOM. So, we did that, and the Airport is paying for that portion of the study but it's being
done as one (1) study so we have one (1) draft assessment that comes out that will talk about that
airport option as well as the downtown option. To date on the downtown option, I don't have a lot
to report other than we've spent a lot of time trying to work with Northfolk Southern on trying to
figure out a way to co-locate or use existing right-of-way. That would obviously save a lot of
money because we would eliminate land acquisition and could be within existing right-of-way,
and potentially even use existing structures that are there. But, they continue to say they are going
to need that right-of-way for future growth and they are unwilling to work with us on allowing us
to use that right-of-way. We've met with them on more than one (1) occasion, the last time was
with their Director of Policy and their Director of Government Relations, and they made it clear
that we should move forward planning on not using Northfolk Southern right-of-way to get
downtown.
He continued, So,that has given us some direction and AECOM is now moving forward on putting
together a better feasibility analysis with a more representative cost analysis to figure out what it
would take to get it downtown, understanding that we won't be able to use Northfolk Southern's
right-of-way. They are putting that together now and doing some survey work. Essentially what
that would mean is, to come downtown, we would end up having to get down to grade at South
Street right by the baseball stadium, in between that and Union Station, as a landing point. So, we
would have to add some structures and some right-of-way that we would need to add. So,they are
putting together preliminary findings of that right now. So, the first (1st) step is, before they can
even do the engineering, is to do the survey work and figure out what is there so we fully
understand what costs have been associated with doing that. So, that is underway. Then, we
continue to meet about once a week with a broader group that includes the Airport folks and the
County folks to continue talking about this new option on the airport for the cargo plan. Those
things are moving forward in tandem. We expect to have the draft results of the study sometime
between August and September. That is all I have and I'm happy to answer any questions.
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 I f D574.235.5567 www.southbendin.gov
2
el CITY OF SOUTH BEND OFFICE OF THE CLERK
Committeemember Dr. Oliver Davis asked, How many of the residents, neighbors, elected
officials up here, are being notified or are involved in the planning?
Mr. Horvath clarified, With which portion?
Committeemember Dr. Davis followed up, You said you have regular meetings with all of these
different entities. Are any of the neighbors or people who are going to be affected by this, having
meetings with you? Or City officials, outside of your office?
Mr. Horvath replied, The meetings we are having are just coordination meetings with the Airport
to make sure we are coordinating what is going on with the airport. But no, it has not been with
anybody other than that an AECOM to make sure we are moving the study forward.
Committeemember Dr. Davis interjected, Over a year ago, we asked that we could have people
come and have the different entities come together. Is there any reason why that has not happened?
Mr. Horvath asked, Who would you like to have come together? And, for what?
Committeemember Dr. Davis replied, The different entities working on this project. We've asked
that in several public meetings.
Mr. Horvath asked, You would like to have a public meeting? We are more than happy to do that.
Committeemember Dr. Davis interjected, No. It's been over a year and I've asked this at several
meetings. Last year it didn't happen, and I guess this year I have a few months left and then we'll
see. But, to say that you would be more than happy to do that is not ok.
Mr. Horvath replied, There is a plan for that, Councilmember Dr. Davis. There is also an
appropriate time for it. I don't want to have a public meeting without having anything to report.
We don't have anything new to report than what we've reported before.
Committeemember Dr. Davis interjected, That's not what was stated last year. What was stated
last year was not that we don't have to have a meeting to have new information. What was stated
last year, and anyone up here can correct me, but it was not given with any kind of stipulations.
I've been asking for that almost every single meeting. When are we going to have our meeting?
When are we going to have our meeting? And it was promised. Everybody got up here, all the
different entities said they were willing to meet. But that didn't happen. Then what happens is
everything comes together, it's all put in a package and it's on the fast track and get done. That is
what we were trying to avoid. So, I don't understand why, without having to jump up and down,
screaming and yelling and all those other public releases on that, why that couldn't have been
done.
Mr. Horvath replied, Well, like I said, we can have a public meeting, but it would be nice to have
something to report to the public before we do that.
Committeemember Dr. Davis interjected, So, what made people agree to that when I asked about
that last year?
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION I EMPOWERMENT
455 County-City Building 22 `:`•i.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 I 1D574.235.5567 www.southbendin.gov
3
CITY OFSOUTH BEND OFFICE OF THE CLERK
Mr. Horvath clarified, What did you ask about? Did you want to have a pre-public meeting?
Committeemember Dr. Davis stated, To avoid a back and forth here, I would like for our Clerk's
team and our Legal team, can you send the minutes of those meetings? There is no need to rehash
those meetings with everyone here. I'm not going to do that. That is kind of insulting. No, it is
insulting. So, the minutes of those minutes we had, can you send them to the Council and the
Administration so that I won't have to go back through all of that? Everybody yielded their time
and let me ask a lot of questions about that. Do you remember that night? I'm not going to go back
through all that.
Councilmember Jake Teshka interjected, I would like to try and clarify. The request you are
making is somewhat similar to the meeting that took place regarding the Food and Beverage Tax?
Committeemember Dr. Davis replied, That is one hundred percent(100%) correct.
Councilmember Teshka followed up, So what Councilmember Dr. Davis is talking about is
bringing together the County, the City, Mishawaka as well, and everyone to the table.
Committeemember Dr. Davis stated, That is all I was asking.
Mr. Horvath replied, I apologize. I misunderstood.
Council President Tim Scott stated, Councilmember Dr. Davis, I can work on that. We did have
timing issues with all of that. This was to reset and see where we are at, and then we can build
momentum again.
Councilmember Dr. Davis stated, That's cool. I'm at peace.
Committee Chair Broden asked, With regard to the Phase One (1) study and those results about
the downtown South Bend location, was there an initial assumption built into that, that actually
contemplated the co-location and using Northfolk Southern right-of-way?
Mr. Horvath replied, In that initial phase, the cost was over$100 million, including bringing it to
grade, which is what we are talking about now. We knew that it would be a game changer if we
could use existing right-of-way because it would significantly cut those costs down. But no, we
did not include those in the initial phase and analysis. The analysis that has been done is for the
one(1) we are reviewing right now which is bringing it down to grade at South Street.
Committee Chair Broden followed up, So,my take away is that cost will go up?
Mr. Horvath replied, That included, outside of using Northfolk Southern, and coming down at
grade at South Street. So, that was already contemplated at that amount. So, it should be in that
ball park,but we need to understand those are really broad stroke estimates. We are trying to make
sure we do more due diligence on that to see what the actual impacts are on the utilities so that we
don't start going down that path and find out it is a much bigger number than we thought and end
up not being able to afford it.
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f574.235.9173 TTD 574.235.5567 www.southbendin.gov
4
CITY OF SOUTH BEND OFFICE OF THE CLERK
Committee Chair Broden then asked, Could you emphasize the timing and dates of the study's
completion? Both the County tracked one (1) and then the City. So, what is the next point of
information from a study standpoint? When will that be received?
Mr. Horvath replied, That is the August and September timeframe. That is when the draft will
come out and so we'll share that information at that time. That will be for both parts, the airport
and cargo as well as the downtown analysis.
Committee Chair Broden followed up, Is it also safe, then, to say that the other options are off the
table?
Mr. Horvath replied, I don't know.
Committee Chair Broden asked, Is it just firming up for comparative?
Mr. Horvath replied, One(1)of the issues is we have to determine the feasibility of the downtown
option. Partly because that is where the greatest economic impact was,but,there are two (2)things
that need to happen. One (1), a feasibility piece needs to happen and secondly, we need to
determine a realistic path forward on financing. If one(1)of those things doesn't happen,then you
have to look at the other options on the table. So, we would then be back at looking at all those
other options,including the airport and cargo plan.And,you know,the reason we redid that portion
was because they felt that was a game changer. A previous study didn't take into account of what
all could be going on there. In fairness and to make sure we had a complete analysis, we felt like
that should be included in part of the conversation.
Councilmember Regina Williams-Preston stated, I know when we were first (1St) having the
conversations about the location that we were in that phase one (1) conversation. There was a lot
of conversation about issues of equity and what it would mean to put it at Honeywell, things like
that. Around that time, we were also looking at the Racial Wealth Divide report and talked about
the importance of moving forward with economic development in a way that considered equity,
inclusion, and thinking about all the different economic impacts doing work that could happen.
Most specifically, one(1) of the things we talked a little bit about, and it was one (1) of the major
things I was interested in, was what the economic impact would be on the communities of color
on the west side for that station there at the Honeywell or Amtrak sites.The Racial Wealth Divide
Report listed ten (10) questions for policy development, review and evaluation. This was a
recommendation, essentially, from those consultants to say here are ten (10) questions and ask
yourself these questions as you are going through the process of figuring out what you would like
to do, with regard to any particular economic development project. I'm just curious. Did that
process ever take place with this? It may have, even back at that time.
Mr. Horvath replied, I don't have an answer for you right now, but I will get you one (1). I don't
know if AECOM looked at those questions as they put together that report. I can say that they did
look at social equity issues.Part of the report,if you recall,looked at certain indicators like poverty
and racial areas where we've got percentages of certain races in certain areas and looked at the
impacts and possible benefits there could be. I know they tried to take that into consideration in
that report and from a social equity standpoint, I recall downtown being the number one (1)
location. I think I recall Honeywell being number two (2), but, I can specifically ask them about
EXCELLENCE I ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT
455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TFD 574.235.5567 www.southbendin.gov
5
•CITY OF SOUTH BEND OFFICE OF THE CLERK
the Racial Wealth Divide question and whether or not they specifically looked at those in the
report.
Councilmember Williams-Preston followed up, I think what is important to think about is
considering those questions moving forward with economic development. What I remember
hearing is they did look at the percentage and the concentration of, say for example, African
Americans in these different areas. One (1) thing I remember, again don't quote me but this was
the conversation,was that,well,there are more African Americans downtown than are on the west
side. I think if we want to begin moving forward in a more culturally competent manner, one (1)
thing I know, or suspect, I don't have any data to support this but this is the data we want to find
out, is if we are considering something to the effect of the economic impact of a station in a
neighborhood, should we just be looking at the concentration of what the racial concentration is?
Or should we be thinking about, what I remember is they said, well, there are more black people
downtown than there are over on the west side. We need to look at more than that. What is the
socioeconomic status of the African Americans who are living downtown? If it's lower than those
living on the west side, which group is going to have the disposable income to actually take
advantage of, you know, any opportunities to either do development or take advantage of a coffee
shop? I think it is more complicated than maybe we even know how to evaluate. So, I'm just
saying, in general, as we begin to think about those issues, we might need to look at identifying
some consultants to help us better understand it. That report was an important first(1st) step for us
to start thinking about it, and those questions are good,but I'm not sure, and I'm not saying I have
the competency, and I'm curious to know, I think that is something we need to think about as a
City, the competency to really understand those issues and analyze the data we get. What does it
really mean? I know there are consultants out there that can help us work on that. I'm just bringing
that to the Council. Again, if we are really going to begin to look at those issues, I think we are
doing a great job in terms of raising the issue and having those conversations, but we might need
help because I'm not sure any of us are experts on how that all really plays out and how to put all
that data together to really understand the economic impacts. So,just a thought.
Update: Quiet Zones (15 minutes)- Eric Horvath, Director of Public Works
Mr. Horvath handed out a presentation (which is available in the City Clerk's Office). He stated,
I'm going to ask our City Engineer, Dr. Boyles, to give this presentation.
Dr. Kara Boyles, City Engineer for the City of South Bend with offices located on the 13th floor
of the County-City Building, stated, So, on that first (1st) slide (referencing the handout) you see
the project locations. This shows you the differences with the east side quiet zones. What you see
here, we have three (3) different quiet zones that need to be established. On the west side, you've
got three (3) different railroad corporations. We've been focused here in the beginning on the
Northfolk Southern line. If you flip to the next slide, this gives you the basis for the entire west
side. The next slide after that gives an example of an improvement. This one (1) shows you the
Twyckenham Drive crossing. So, this is what we used on the east side when we did the
development of this project. But, you will see what looks like a pavement marking example, what
we mean by an advanced warning sign, and then, of course, the mountable medians you see there
on Twyckenham. So,these are typical examples of the types of improvements we recently installed
on the west side. I would like to give Becca some credit, she put this slide presentation together
for us. If you go back to that project location slide, it is nicely color-coded. You can see we are
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f574.235.9173 TTD 574.235.5567 vo w.southbendin.gov
6
®CITY OF SOUTH BEND OFFICE OF THE CLERK
focused right now on the Northfolk Southern corridor, which is in blue. We will eventually move
onto the other two (2) corridors.
She continued, Flipping to that next slide, on the Northfolk Southern corridor it gives you a
summary of the improvements that were recently just completed. Of course, we did the required
warning signs like was shown on the last slide. Pavement markings, and in addition to that,
Northfolk Southern performed some program adjustments on behalf of our request at the Meade
Street crossing. So, as of June 17`h, we have established a quiet zone on the west side for the
Northfolk Southern line.That press release went out today and that is very exciting.A lot of parties
had to come together to make that happen, including you all, so, thank you. The next slide gives
you another example and kind of shows you what is going on at Meade Street. If you make your
way out there, you'll notice the new signage including the advanced warning sign, the No Train
Horns sign, and then those pavement markings. So, it was a pretty simple and straightforward path
for the Northfolk Southern corridor. As we get into the others, Canadian National and the
Grandtrack Railroad corridors, you'll see we have two (2) crossings there at Ford and Walnut. We
will be doing similar improvements including warning signs and pavement markings. So, for some
reason at these two (2) crossings, the appropriate bells do not exist. So, we will have to put in the
required bells at both crossings. Mountable median east and west of Ford Street. And, Ford Street
also has a commercial drive that we are working with the property owner on closing in order to
execute the quiet zone.
She went on,If you recall,on the east side,we had a few commercial drives, as well,and at present
they have the concrete barriers blocking access. This is a little different,this is the access into this
property. So, we are working with that owner in order to hopefully provide access to the property
from the rear. We are in that process, now, and this has a timeline of this fall. We hope all goes
well. Flipping to the next slide, this gives you an image and you can actually see right there what
I am talking about. That is the property in question and so it is very close to the Northfolk Southern
right-of-way. So, in lieu of closing that drive, we would have to do a quad gate installation. We
would actually have to install another set of gate arms, which would actually be a railroad project
and the cost of a project like that is in line of hundreds of thousands of dollars as it is an upgrade
to the crossing. Oftentimes when you start to make upgrades to the crossings, it encourages the
railroad company to also make improvements.
She continued, The NICTD corridor is needing similar improvements such as the required signs
and pavement markings. It is a little different situation with NICTD, being that it is a commuter
train. We were able to possibly get a waiver for some constant warning times upgrade. That is
about the programming of the signal itself. So, that is with the FRA that we would do that. We'll
have mountable medians. There is a NIPSCO property owner here and we are working with them
to establish, as there is also a commercial driveway in this quiet zone area, this as a ride-in/ride-
out. So, with signage, it would be understood that it is ride-in/ride-out so we wouldn't have to be
concerned about opposing traffic to the railroad. That will be worked on after Canadian National,
so, we look towards finishing that next year. You can see an image of that on the next slide. This
kind of gives you an idea. You've got NICTD and Northfolk Southern all existing adjacent to each
other. It is a very long crossing. The last slide reiterates the timelines and what they look like. It is
pretty straightforward on how we are progressing.
Committee Chair Broden opened the floor to questions from Committee and Council Members.
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 w vw.southbendin.gov
7
CITY OF SOUTH BEND OFFICE OF THE CLERK
Councilmember Tim Scott asked, For the record, how many trains pass through South Bend in
twenty-four(24)hours?
Dr. Boyles replied, I'm not sure. I know Northfolk Southern is ninety(90) trains. So, hopefully if
you're on the west side, you've heard less trains. That company has more train traffic than the
other two (2).
Councilmember Scott stated, Every fourteen (14) minutes, we've had trains blowing whistles at
all of those streets. Of course, there are studies out there. It is a detriment to children learning and
the overall health and well-being of people.
Committeemember Dr. Davis interjected, And people's sleep. My dreams have changed now.
Dr. Boyles stated, In the press release,we also reminded residents to be aware that conductors and
engineers always have the right to sound the train horn, in the case of an emergency. There are
certain instances in which it is appropriate, they are just no longer allowed to recreationally make
you aware that they are coming anymore.
Committee Chair Broden asked, How is the safety of these changes analyzed?
Dr. Boyles replied, Well, it is by the corridor itself. So, you have to take into account the entire
corridor. There are established risk thresholds based on data that are based on how many accidents
have occurred and how many trains that are moving through. The FRA actually helps put that data
together. So,we can look at what the actual risk is, and we can access what types of improvements
can minimize that risk. So, it's a formulated solution to help take that risk index down into an
appropriate threshold. Once you're in that threshold, it could mean if you have five (5) crossings
in a corridor, making one (1) large improvement to one (1) of the crossings that could bring that
risk index down. Or, it could be doing five (5) very minor improvements that could also achieve
the same result. That is how it is measured.
Committee Chair Broden followed up, Going forward after they are implemented, that same
evaluation process keeps kicking in?
Dr. Boyles replied, Yes. I don't know how often they audit us. If something were to happen, such
as a major accident,it might trigger them to reassess the risk factors and it could cause the numbers
to change. I don't know how often we get audited. But, it is incident triggered. In fact, on the east
side, we had made improvements to reestablish the quiet zone, again, I mentioned those concrete
barriers and we are looking toward the future hoping we don't need the concrete barrier to open
up access again, but in the meantime, there was an accident on the east side that changed the level
of risk throughout that zone. So, now we have to accommodate for that as well. It was a parked
vehicle on the train tracks that the train hit.
Committee Chair Broden followed up, And a press release went out, announcing the June 17th
accomplishment of the quiet zone established?
Dr. Boyles replied, This morning it did, I believe.
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227W Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 (574.235.9173 TTD 574.235.5567 www.southbendin.gov
8
CITY OF SOUTH BEND OFFICE OF THE CLERK
Committee Chair Broden replied, Oh, ok. I was thinking I may have missed something. I actually
miss a lot but that was one (1). Did that preview the fall of 2019 or the spring of 2020 dates in
terms of more to come?
Mr. Horvath replied, It did.
Committee Chair Broden stated, I would like to commend you and your entire staff. It is no easy
lift, but as other members have indicated, this certainly gets to the quality of life for residents of
all ages. So, we appreciate it. Thank you.
With no further business, Committee Chair Broden adjourned the Health and Public Safety
Committee meeting at 4:24 p.m.
R vl, tfu1ly S ted,
VA' Mede•fto
Jo M. Broden, Committee Chair
EXCELLENCE ACCOUNTABILITY I INNOVATION INCLUSION EMPOWERMENT
455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana46601 p 574.235.9221 f 574.235.9173 TTD574.235.5567 www.southbendin.gov
9