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Home My WebLink About02-28-2022 Common Council Meeting Minutes (Signed) 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 DATE: 02-28-2022 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: >ELI 'AX T OY ARNER APPROVED BY THE COMMON COUNCIL ON: 03-14-2022 ATTEST: I 496�_j DAWN M. JONES, CITY ERK REGULAR MEETING FFBRUARY 28, 2022 Be it remembered that the Common Council of the City of South Bend,Indiana,met in-person and via Microsoft Teams app on Monday, February 28, 2022, at 7:00 p.m. Council President Sharon L. McBride called the meeting to order. Rabbi Karen Companez of Temple Beth-El gave the invocation. City Clerk Dawn M. Jones announced: Good evening, members of the public. For audio quality, we will be muting everyone not speaking by default to maintain good audio quality for Council and yourselves. If you would like to speak during the meeting on a specific agenda item, please submit your request in the chat-directions to do so are in the chat. We ask that you provide your [FULL NAME] and [ADDRESS], as those are required for all speakers at in-person Council meetings. Full audio dialogue of the update is available upon request from the City Clerk's Office. Please note the attached link for the meeting: littps://tinyurl.com/SBCCO2282022 ROLL CALL COUNCIL MEMBERS PRESENT: Canneth Lee I"District, Committee of the Whole Henry Davis Jr. 2nd District Sharon L. McBride 3rd District, President Troy Warner 4th District Eli Wax 5th District Sheila Niezgodski 61h District,Vice-President Rachel Tomas Morgan At-Large Lori K. Hamann At-Large Karen L. White At-Large OTHERS PRESENT: Dawn M. Jones City Clerk Bianca L. Tirado Chief Deputy Clerk Elivet Navarro OVB Clerk Victoria Trujillo Director of Special Projects Bob Palmer Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Karen L.White made a motion that the minutes of the February 14,2022,meeting of the Council be accepted and placed on file. Councilmember Canneth Lee seconded the motion, which carried by a voice vote of nine(9) ayes. SPECIAL BUSINESS There was no special business. REPORTS FROM CITY OFFICES There were no reports from city offices. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:07 p.m. Vice President Sheila Niezgodski made a motion to resolve into the Committee of the Whole. Councilmember Troy Warner seconded the motion, which carried by a voice vote of nine(9) ayes. Councilmember Canneth Lee, Chairperson,presiding. 1 REGULAR MEETING FEBRUARY 28, 2022 Councilmember Canneth Lee explained the procedures for the meeting per Article 1, Section 2-11 of the South Bend Municipal Code. PUBLIC HEARINGS BILL NO. 133-21 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE 'ZONING ORDINANCE FOR PROPERTY LOCATED AT 2430 PRAIRIE AVE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA (.SUBSTITUTE) Vice President Sheila Niezgodski made a motion to accept the Substitute version of Bill No. 133- 21.Councilmember Rachel Tomas Morgan seconded the motion,which carried by a voice vote of nine(9)ayes. Councilmember Lori K. Hamann stated that Substitute Bill No. 133-21 was previously heard by the Zoning and Annexation Committee and comes forth with a favorable recommendation. Joseph Molnar, Zoning Specialist, with offices on the fourteenth (141h) floor of the County-City Building,presented Substitute Bill No. 133-21. John Tiffany, 706 N Eddy Street, South Bend, Indiana, stated that Phase 1 would be a shopping center, and Phase 2 will be to put in multi-family in the back. Vice President Sheila Niezgodski made a motion to send Substitute Bill No. 133-21 to the Full Council with a favorable recommendation. Councilmember Lori K.Hamann seconded the motion, which carried by a voice vote of nine(9) ayes. 04-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2212&2128 SOUTH BEND AVE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Lori K. Hamann stated that Bill No. 04-22 was previously heard by the Zoning and Annexation Committee and comes forth with a favorable recommendation. Joseph Molnar, Zoning Specialist, with offices on the fourteenth (141h) floor of the County-City Building,presented Bill No. 04-22. Mike Danch,Danch Hamer&Associates, 1643 Commerce Drive,South Bend,Indiana,stated that Insomnia Cookies would remain,and the other building will be raised for the lube center for Drive and Shine. The property will hook up to city sewer and water, and drainage will be handled on- site. Councilmember Eli Wax made a motion to send Bill No. 04-22 to the Full Council with a favorable recommendation.Vice President Sheila Niezgodski seconded the motion,which carried by a voice vote of nine(9)ayes. 05-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE C117Y OF SOUTH BEND, INDIANA, AMENDING THE 2 REGULAR MEETING FEBRUARY 28, 2022 ZONING ORDINANCE. FOR PROPERTY LOCATED AT 2240 PRAIRIE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Lori K. Hamann stated that Bill No. 05-22 was previously heard by the Zoning and Annexation Committee and comes forth with a favorable recommendation. Joseph Molnar, Zoning Specialist, with offices on the fourteenth (141h) floor of the County-City Building,presented Bill No. 05-22. Debra Hughes, 3220 Southview Drive, Elkhart, Indiana, stated the property has two (2) zones but is one (1)parcel. The owner hopes that the entire parcel can be zoned commercial. Vice President Sheila Niezgodski thanked Joseph Molnar and Angela Smith for their work on bills in the 61h District, as the proposals are consistent with the Rum Village Neighborhood Plan. Vice President Sheila Niezgodski made a motion to send Bill No. 05-22 to the Full Council with a favorable recommendation. Councilmember Lori K. Hamann seconded the motion,which carried by a voice vote of nine(9) ayes. RISE AND REPORT Vice President Sheila Niezgodski made a motion to rise and report to the full Council. Councilmember Karen L. White 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 7:27 p.m. President Sharon L. McBride presided with nine(9)members present. BILLS—THIRD READING BILL NO. 133-22 'THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE. ZONING ORDINANCE. FOR PROPERTY LOCATED AT 2430 PRAIRIE AVE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA (VUBSTIT1JTF) Councilmember Karen L. White made a motion to accept the Substitute version of Bill No. 133- 21. Councilmember Eli Wax seconded the motion,which carried by a voice vote of nine(9) ayes. Councilmember Canneth Lee stated that Substitute Bill No. 133-22 came with a favorable recommendation with a nine(9) to zero (0)vote. Vice President Sheila Niezgodski made a motion to call for passage of Substitute Bill No. 133-22. Councilmember Canneth Lee seconded the motion,which carried by a voice vote of nine(9)ayes. Vice President Sheila Niezgodski requested confirmation that the zoning ordinance amendments heard tonight are subject to recommendations from the South Bend Plan Commission. Attorney Bob Palmer confirmed. President Sharon L. McBride stated that Substitute Bill No. 133-22 has passed. 3 REGULAR MEETING FEBRUARY 28, 2022 04-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2122 & 2128 SOUTH BEND, AVE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Canneth Lee stated that Bill No. 04-22 came with a favorable recommendation with a nine(9)to zero (0)vote. Councilmember Canneth Lee made a motion to call for passage of Bill No. 04-22. Vice President Sheila Niezgodski seconded the motion,which carried by a voice vote of nine(9)ayes. President Sharon L. McBride stated that Bill No. 04-22 has passed. 05-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2240 PRAIRIE, COUNCIMLANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BENI), INDIANA Councilmember Canneth Lee stated that Bill No. 05-22 came with a favorable recommendation with a nine(9)to zero (0)vote. Vice President Sheila Niezgodski made a motion to call for passage of Bill No. 05-22. Councilmember Troy Warner seconded the motion,which carried by a voice vote of nine(9)ayes. President Sharon L. McBride stated that Bill No. 05-22 has passed. RESOLUTIONS BILL NO. 22-12 A RESOLUPTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR FULL REPLACEMENT OF FUNDS AVAILABLE TO THE CITY, GUARANTEED BY THE STATE, FOR ANY CHANGES IN FUNDING RESULTING FROM ANY CHANGES IN INDIANA'S BUSINESS PERSONAL PROPERTY TAX LAWS Vice President Sheila Niezgodski stated that Bill No. 22-12 was previously heard by the Persomiel and Finance Committee and comes forth with a favorable recommendation. Committeemember Rachel Tomas Morgan, 114 Chapin Street, South Bend, Indiana, presented Bill No. 22-12. Maureen Bauer, 1307 Sunnymede Ave, South Bend, Indiana, stated Indiana is expected to have a five-billion-dollar ($5,000,000,000) tax surplus. Taxpayers will receive an automatic tax refund when filing for 2021. A tax cut is appropriate; however, there is a proposal to eliminate business personal property tax,whereby other bodies would struggle to fill that gap within their budgets. Councilmember Henry Davis Jr. asked about the likelihood of legislation moving forward to reduce or eliminate business personal property tax. 4 REGULAR MEETING FEBRUARY 28, 2022 Maureen Bauer responded that the bill is to be heard on third reading in the senate,but the language on business personal property tax was stripped out. There is a disagreement between house and senate Republicans on what action to take. Dead bills can come back until March 14, 2022, so it is hard to estimate what will happen. Councilmember Canneth Lee thanked Councilmember Rachel Tomas Morgan and Representative Maureen Bauer for bringing forth this resolution. Councilmember Lori K. Hamann made a motion to call for passage of Bill Na. 22-12. Councilmember Canneth Lee seconded the motion,which carried by a voice vote of nine(9)ayes. President Sharon L. McBride stated that Bill No. 22-12 has passed. BILLS ON FIRST READING BILL NO. 08-22 FIRST READING ON AN ORDINANCI? OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL. FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2022 OF $183,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $7,800,000 FROM THE LOCAL INCOME TAX - ECONOMIC DEVELOPMENT FUND (#408), $180,000 FROM THE SEWAGE. WORKS OPERATING FUND (#641), AND $347,697 FROM THE EQUIPMENT/VEHICLE LEASING FUND (#750) Vice President Sheila Niezgodski made a motion to send Bill No. 08-22 to the Personnel and Finance Committee for a public hearing and third reading on March 14, 2022. Councilmember Karen L. White seconded the motion, which carried by a voice vote of nine(9) ayes. 09-22 FIRST READING ON AN ORDINANCE OF THE. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2413 PRAIRIE AVENUE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Karen L. White made a motion to send Bill No. 09-22 to the South Bend Plan Commission on March 21, 2022, and the Zoning and Annexation Committee for a public hearing and third reading on March 28, 2022. Vice President Sheila Niezgodski seconded the motion, which carried by a voice vote of nine(9) ayes. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Councilmember Eli Wax requested confirmation that the next meeting will be open to the public. 5 REGULAR MEETING FEBRUARY 28, 2022 President Sharon L. McBride confirmed. Attorney Bob Palmer added that the current executive order expires March 4,2022,and there does not seem to be an intent to continue it. However, if another order comes through, it must be followed. Councilmember Lori K. Hamann stated that the presentation from Motels4Now was scheduled for this evening but has been postponed. There was no wrongdoing on the part of Motels4Now, and there was a shameless attempt at character assassination on this outstanding not-for-profit and the individuals who run it. President Sharon L. McBride requested that the Chair of Zoning and Annexation report back to the Committee of the Whole and Full Council on any zoning issues raised. Councilmember Henry Davis Jr.responded that this conversation would need to go to the Mayor's Office as it relates to enforcement. Councilmember Lori K. Hamann stated that there is no zoning question for Motels4Now. Councilmember Henry Davis Jr. congratulated the girls at Washington High School for their state championship. He asked Attorney Bob Palmer for a special proclamation to this effect. Councilmember Henry Davis Jr. stated that he filed a bill that did not receive a date to come before Committee, which protects the city and Council with oversight as per the article from National Post on Pete Buttigieg. Councilmember Henry Davis Jr. stated there were resolutions before Council related to the tent city in the past. He was extremely surprised by the language used to shame the homeless by the Council President. Council, as fiduciary agents and legislators,must use professionalism. President Sharon L. McBride responded that 701 N Niles Avenue did not have running water or heat, and the location was unsanitary. People were paying rent on top of what ERA funds were being used for. It is very upsetting to see homeless people used by Council members who knew that the building was not properly zoned and did not share that information. Councilmember Lori K. Hamann stated that this is a lie. Councilmember Henry Davis Jr. stated that this is not what he was talking about. PRIVILEGE OF THE FLOOR No residents were waiting to speak under the privilege of the floor. ADJOURNMENT There being no further business to come before the Council, President Sharon L. McBride adjourned the meeting at 7:59 p.m. 6