HomeMy WebLinkAbout10-26-2020 FINAL Agenda PacketSouth Bend Common Council
Meeting Agenda
Monday, October 26, 2020
7:00 P.M.
***Due to the Executive Order by Indiana Governor Holcomb, the South Bend
Common Council meeting will be legally held by way of a virtual meeting by using
Microsoft Teams app. Public access to the meeting can be granted by this link:
https://tinyurl.com/SBCC102620
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
6. REPORTS FROM CITY OFFICES
7. COMMITTEE OF THE WHOLE
BILL NO.
32-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED 2046 E SOUTH BEND AVENUE, COUNCILMANIC
DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
(SUBSTITUTE)
46-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON
COUNCIL OF SOUTH BEND, INDIANA, AMENDING
ORDINANCE NO. 10685-19 FIXING MAXIMUM SALARIES AND
WAGES OF APPOINTED OFFICERS AND NON-BARGAINING
EMPLOYEES OF THE CITY OF SOUTH BEND, IN FOR THE
CALENDAR YEAR 2020
48-20 PUBLIC HEARING ON AN ORDINANCE FIXING MAXIMUM
SALARIES AND WAGES OF DEPUTIES AND NON-BARGAINING
EMPLOYEES APPOINTED BY THE CITY CLERK OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2021
(SUBSTITUTE)
53-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING
THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF
SWORN MEMBERS OF THE SOUTH BEND POLICE
DEPARTMENT FOR CALENDAR YEARS 2021 AND 2022
(SUBSTITUTE)
54-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED 1813 LINCOLNWAY WEST, COUNCILMANIC
DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA
8. BILLS ON THIRD READING
BILL NO.
32-20 THIRD READING ON AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED 2046 E SOUTH BEND AVENUE, COUNCILMANIC
DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
(SUBSTITUTE)
46-20 THIRD READING ON AN ORDINANCE OF THE COMMON
COUNCIL OF SOUTH BEND, INDIANA, AMENDING
ORDINANCE NO. 10685-19 FIXING MAXIMUM SALARIES AND
WAGES OF APPOINTED OFFICERS AND NON-BARGAINING
EMPLOYEES OF THE CITY OF SOUTH BEND, IN FOR THE
CALENDAR YEAR 2020
48-20 THIRD READING ON AN ORDINANCE FIXING MAXIMUM
SALARIES AND WAGES OF DEPUTIES AND NON-BARGAINING
EMPLOYEES APPOINTED BY THE CITY CLERK OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR
2021(SUBSTITUTE)
53-20 THIRD READING ON AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING
THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF
SWORN MEMBERS OF THE SOUTH BEND POLICE
DEPARTMENT FOR CALENDAR YEARS 2021 AND 2022
(SUBSTITUTE)
54-20 THIRD READING ON AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED 1813 LINCOLNWAY WEST, COUNCILMANIC
DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA
9.RESOLUTIONS
10.BILLS ON FIRST READING
BILL NO.
55-20 FIRST READING ON AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO
VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST
EAST WEST ALLEY BETWEEN ST. VINCENT STREET AND
HOWARD SREET FROM ST. LOUIS BLVD. TO FIRST NORTH
SOUTH ALLEY, COUNCILMANIC DISTRICT 4, SOUTH BEND, IN
46617
56-20 FIRST READING ON AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO
VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST
10 FOOT WIDE NORTH/SOUTH ALLEY WEST OF STANFIELD
STREET AND NORTH OF CORBY BOULEVARD, RUNNING
SOUTH APPROXIMENTLY 85 FEET FROM AN EXISTING
EAST/WEST PUBLIC ALLEY TO ITS TERMINATION POINT,
SOUTH BEND, IN
11.UNFINISHED BUSINESS
12.NEW BUSINESS
DECEMBER COMMON COUNCIL MEETING SCHEDULE
13.PRIVILEGE OF THE FLOOR
14.ADJOURNMENT
Notice for Hearing and Sight Impaired Persons:
Auxiliary aid or other services are available upon request at no charge.
Please give reasonable advance request if and when possible.
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: DAWN M. JONES, CITY CLERK
DATE: THURSDAY, OCTOBER 22, 2020
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for Monday, October 26, 2020:
Virtual Conference call via Microsoft Teams
Join here: https://tinyurl.com/CC102620
4:30 P.M. PERSONNEL & FINANCE CHAIRPERSON, WHITE
1.Bill No. 46-20- Amendment to the Chief Deputy Clerk Salary
2.Substitute Bill No. 48-20- 2021 City Clerk Office Staff Salary Ordinance
3.Substitute Bill No. 53-20- 2021 Policy Salary Ordinance
5:15 P.M. ZONING & ANNEXATION CHAIRPERSON, MCBRIDE
1.Substitute Bill No. 32-20- South Bend Ave. Rezoning Ordinance
2.Bill No 54-20- LWW Rezoning Ordinance
Council President Karen L. White has called an Informal Meeting of the Council which will commence
immediately after the adjournment of the Zoning and Annexation Committee Meeting.
INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, K. WHITE
1. Discussion of Council Agenda
2.Update and Announcements
3. Adjournment
cc: Mayor James Mueller
Committee Meeting List
Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible
2020 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-08-20)
COMMUNITY INVESTMENT COMMITTEE
Oversees the various activities of the Department of Community Investment. This Committee reviews all
real and personal tax abatement requests and works closely with the Business Development Team.
Jake Teshka, Chairperson Canneth Lee, Member
Rachel Tomas Morgan, Vice-Chairperson Sharon L. McBride, Member
COMMUNITY RELATIONS COMMITTEE
Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood
Development, and Community Resources Teams within the City’s Department of CI and is charged with
facilitating partnerships and ongoing communications with other public and private entities operating within
the City.
Lori Hamann, Chairperson Henry Davis, Jr., Member
Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member
COUNCIL RULES COMMITTEE
Oversees the regulations governing the overall operation of the Common Council, as well as all matters of
public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code.
Karen L. White, Member Jake Teshka, Member
HEALTH AND PUBLIC SAFETY COMMITTEE
Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code
Enforcement, ordinance violations, and related health and public safety matters.
Troy Warner, Chairperson Rachel Tomas Morgan, Member
Sharon L. McBride, Vice-Chairperson Sheila Niezgodski, Member
INFORMATION AND TECHNOLOGY COMMITTEE- Innovation
Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of
Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge
of developments in this area. Reviewing and proposing upgrades to computer systems and web sites,
developing availability and access to GIS data and related technologies are just some of its many activities.
Rachel Tomas Morgan, Chairperson Henry Davis, Jr., Member
Lori Hamann, Vice-Chairperson Troy Warner, Member
PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment)
Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium,
Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museu m of Art,
Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by
the Department of Venues Parks and Arts.
Sharon L. McBride, Chairperson Jake Teshka, Member
Troy Warner, Vice-Chairperson Lori Hamann, Member
2020 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-08-20)
PERSONNEL AND FINANCE COMMITTEE
Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed
salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and
related matters.
Karen L. White, Chairperson Rachel Tomas Morgan, Member
Jake Teshka, Vice-Chairperson Sheila Niezgodski, Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Oversees the various activities performed by the Building Department, the Department of Publi c Works and
related public works and property vacation issues.
Sheila Niezgodski, Chairperson Troy Warner, Member
Henry Davis, Jr., Vice-Chairperson Lori Hamann, Member
RESIDENTIAL NEIGHBORHOODS COMMITTEE
Oversees the various activities and issues related to neighborhood development and enhancement.
Sheila Niezgodski, Chairperson Henry Davis, Jr., Member
Canneth Lee, Vice-Chairperson Sharon L. McBride, Member
UTILITIES COMMITTEE
Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau
of Sewers and all related matters.
Henry Davis, Jr., Chairperson Troy Warner, Member
Jake Teshka, Vice-Chairperson Sheila Niezgodski, Member
ZONING AND ANNEXATION COMMITTEE
Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan
Commission and the Historic Preservation Commission, as well as all related matters addressing annexation
and zoning.
Sharon L. McBride, Chairperson Rachel Tomas Morgan, Member
Sheila Niezgodski, Vice-Chairperson Lori Hamann, Member
________________
SUB-COMMITTEE ON MINUTES
Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings
of the Common Council and makes a recommendation on their approval/modification to the Council
Karen White, Member
Jake Teshka, Member
2020 COMMON COUNCIL STANDING COMMITTEES (Rev.07-09-20)
CANNETH LEE, 1ST District Council Member
HENRY DAVIS, JR. 2nd District Council Member
Utilities Committee, Chairperson Residential Neighborhoods Committee, Member
Public Works & Property Vacation, Vice-Chairperson Information & Technology Committee, Member
Community Relations Committee, Member
SHARON L. MCBRIDE, 3rd District Council Member
Chairperson, Committee of the Whole
PARC Committee, Chairperson Community Investment Committee, Member
Zoning & Annexation Committee, Chairperson Residential Neighborhoods Committee, Member
Health & Public Safety Committee, Vice-Chairperson
TROY WARNER, 4TH District Council Member
Health & Public Safety Committee, Chairperson Public Works & Property Vacation, Member
Community Relations Committee, Vice-Chairperson Utilities Committee, Member
PARC Committee, Vice-Chairperson
JAKE TESHKA, 5TH District Council Member
Community Investment Committee, Chairperson Council Rules Committee, Member
Personnel & Finance Committee, Vice-Chairperson PARC, Member
Utilities Committee, Vice-Chairperson Sub-Committee on Minutes, Member
SHEILA NIEZGODSKI, 6TH District Council Member
Public Works & Property Vacation, Chairperson Personnel & Finance Committee, Member
Residential Neighborhoods Committee, Vice-Chairperson Health & Public Safety Committee, Member
Zoning & Annexation Committee, Vice-Chairperson Utilities Committee, Member
RACHEL TOMAS MORGAN, AT LARGE Council Member
Information & Technology Committee, Chairperson Community Relations Committee, Member
Community Investment Committee, Vice-Chairperson Health & Public Safety Committee, Member
Personnel & Finance Committee, Member
Zoning & Annexation Committee, Member
KAREN L. WHITE, AT LARGE Council Member
Vice-President
Residential Neighborhood Committee, Chairperson Council Rules Committee, Member
Personnel & Finance Committee, Chairperson Community Investment Committee, Member
LORI HAMANN, AT LARGE Council Member
Community Relations Committee, Chairperson Zoning & Annexation Committee, Member
Information & Technology Committee, Vice-Chairperson Public Works & Property Vacation, Member
PARC Committee, Member
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City of South Bend
PLAN COMMISSION
Thursday, October 22, 2020
South Bend Common Council
227 W. Jefferson Blvd., 4 th Floor
South Bend, IN 4660 I
County-City Building
227 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(574)235-7627
www.southbendin.gov/zoning
I ,!:din Clerk's Office
OCT 2 2 2020
DAWN M. JONES Cfl Y CLERK, SOUTH BEND, IN
Re: Bill#32-20 - A proposed ordinance of GL LO EBACH LLC, COACHES, LLC, and TERRY S.
MACDONAI ,0 to zone from NC Neighborhood Center to C Commercial, property located at 2036,
2046, and 2112 SOUTH BEND AVE, City of South Bend -PC# 0022-20
Dear Council Memhers:
I hereby Certify that the above referenced ordinance of GL LO EBACH LLC, COACHES, LLC, and
TERRY S. MACDONALD was legally advertised on October 9, 2020 and that the South Bend Plan
Commission at its public hearing on October 19, 2020 took the following action:
Upon a motion by Kara Boyles, being seconded by Kyle Copelin and carried, a proposed ordinance of
GL LOEBACH LLC to zone from NC Neighborhood Center to C Commercial, property located at
2036, 2046, and 2112 SOUTH BEND A YE, City of South Bend, is sent to the Common Council with
a FA VO RAB LE recommendation .
Rezoning the site to C Commercial will allow for the redevelopment of an area along a major corridor
into the City. This site's location on a heavily traveled State highway near the intersection with
Ironwood support the request for a more auto-oriented land use.
The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at
the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are
available in our office and will be posted on our website once approved.
Sincerely,
�?t(�lft Angela M. Smith
Zoning Administrator
Attachment
CC: GL LOEBACH LLC
COACHES, LLC
TERRY S. MACDO NALD
Tim Corcoran
Planning Director
Angela Smith
Zoning Administrator
Daniel Brewer
Commission President
Substitute Bill No. 32-30
OFFICE OF'
DAWN M.
September 23, 2020
The South Bend Common Council
4th Floor County -City Building
South Bend, Indiana 46601
Filed in Clerk's — Office
F_SLE_P_2 s zozo
NES
CITYCITY CLEUTH BENqIPi
C; ITY CLERK
CITY CLERK
Re: AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA,
AMENDING ORDINANCE NO. 10685-19 FIXING MAXIMUM SALARIES AND WAGES OF
APPOINTED OFFICERS AND NON -BARGAINING EMPLOYEES OF THE CITY OF SOUTH
BEND, IN FOR THE CALENDAR YEAR 2020
Dear Council Members,
Attached is an ordinance amending the 2020 salary Ordinance No. 10685-19 to increase the
Chief Deputy City Clerk salary to reflect the significant additional responsibilities increased
during 2020.
I will present this bill to the Common Council at the appropriate committee and council meeting.
It is requested that this bill be filed for ls` reading on September 28.2020, with 2nd reading,
public hearing, and 3`d reading scheduled for October 12, 2020. Please don't hesitate to let me
know if you have any questions or require further information.
Thank you for your consideration.
Respectfully,
G/Jt-may
Dawn M. Jones, City Clerk
Office of the City Clerk
Attachment
CC: Office of the City Clerk
INTEGRITY1 SERVICES ACCESSIBILITY
Bono L. Tuwuo GR,wnw D. Srixics G"Iun N. Mum
CHIEF DEPurv/DtREcroa of 0YE1UU IONS DEPU ivJDJREcroR OF POLICY 0RHII NCE ViounoN CuRR
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
455 County -City Building 1227 W. Jefferson Blvd. South Bend, Indiana 466011 p574.235.9221 If 574.235.91731 w .southbendin.gov
Bill No. 46-20
BILL NO. 46-20
ORDINANCE NO.
IFiled in Clerk's Ole
i SEP 2 3 2020i
DE KN OUTWCITYCL F-
AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA,
AMENDING ORDINANCE NO. 10685-19 FIXING MAXIMUM SALARIES AND
WAGES OF APPOINTED OFFICERS AND NON -BARGAINING EMPLOYEES OF
THE CITY OF SOUTH BEND, IN FOR THE CALENDAR YEAR 2020
STATEMENT OF PURPOSE AND INTENT
Due to unforeseen circumstances, the responsibilities of the Chief Deputy to the City
Clerk have increased significantly during calendar year 2020. The purpose of this Ordinance is to
amend Ordinance No. 10685-19 to increase the maximum salary payable to the position of Chief
Deputy to the City Clerk to reflect the significant additional responsibilities.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. Ordinance No. 10685-19 fixing the maximum salaries and wages for the Chief
Deputy to the City Clerk is amended to increase that maximum salary from $59,649.00 to
SECTION II. This ordinance shall be in full force and effect after its passage by the Common
Council, approval by the Mayor, and publication as required by law.
Karen L. White, Council President
South Bend Common Council
Attest:
Dawn M. Jones, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2020, at
o'clock . M.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2020, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
Substitute Bill No. 48-20
Substitute Bill No. 53-20
6F'NO PLAN Cpl
iso City of South Bend0N Z
PLAN COMMISSION
T48USHO1
9-23-20
Honorable Chairwoman McBride
4`I' Floor, County -City Building
South Bend, IN 46601
RE: 1813 Lincolnway West
SBPC#0030-20
Dear Chairwoman McBride:
County -City Building
227 W. Jefferson Blvd. 14005
South Bend, IN 46601
574)235-7627
www.southbendin.gov/zoning
Filed in Clerk's Office
E 2 3 2020
DAWN tvl. JON --S
CITY CLERK, SOUTH BEND. IN
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced
location. Please include the attached Ordinance on the Council agenda for first reading at your
September 28`h 2020 Council meeting, and set it for public hearing at your October 2612020
Council meeting. The petition is tentatively scheduled for public hearing at the October 19`h 2020
South Bend Plan Commission meeting. The recommendation of the South Bend Plan
Commission will be forwarded to the Office of the City Clerk by noon on the day following the
public hearing.
The petitioner provided the following to describe the proposed project:
Conversion of property to allow for both residential and commercial uses.
If you have any questions, please feel free to contact our office.
Sincerely,
Joseph Molnar
Zoning Specialist
CC: Bob Palmer
Tim Corcoran Angela Smith Daniel Brewer
Planning Director Zoning Administrator Commission President
Bill No. 54-20
BILL NO. 5454=20
ORDINANCE NO.
ri-
I R 2 3 20'CU
DAWN M. JONES
CITY CLERK, SOUTH BEND, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
1813 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF
SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Conversion of the property for mixed uses including residential apartments and commercial
spaces.
Petitioners desire to rezone the property from U3 Urban Neighborhood 3 to OF Urban
Neighborhood Flex.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order
that the zoning classification of the following described real estate in the City of South Bend, St.
Joseph County, State of Indiana:
Lot 57 & S1/2 Vac Alley N and Adj. Augustines Add
be and the same is herby established as OF URBAN NEIGHBORHOOD FLEX
SECTION II. This ordinance is and shall be subject to commitments as provided by
Chapter 21-12.07(f)(7) Commitments, if applicable.
SECTION III. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor, and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Karen L. White, Council President
South Bend Common Council
Attest:
Dawn M. Jones, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2020, at
o'clock . M.
m.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2020, at o'clock
James Mueller, Mayor
City of South Bend, Indiana
2-
Bill No. 55-20
Bill No. 56-20