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HomeMy WebLinkAbout05-23-2022 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: 05-23-2022 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: APPROVED BY THE COMMON COUNCI L ON: 06-13-2022 ATTEST: DAWN M. JONES, CITY CLERK REGULAR MEETING May 23, 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, May 23, 2022, at 7:00 p.m. Council President Sharon L. McBride called the meeting to order. Pastor Canneth Lee delivered 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: httus://tinyurl.com/041122CC INVOCATION Invocation was given by Pastor Canneth Lee. ROLL CALL COUNCIL MEMBERS PRESENT: Canneth Lee Henry Davis Jr. Troy Warner Eli Wax Sheila Niezgodski Karen L. White Lori K. Hamann Rachel Tomas Morgan COUNCIL MEMBERS ABSENT: Sharon L. McBride OTHERS PRESENT: Dawn M. Jones Kenneth Hardy Victoria Trujillo Justin LePla Bob Palmer I` District, Committee of the Whole 2nd District 4`h District 5th District 6th District, Vice -President At -Large At -Large At -Large Yd District, President City Clerk Deputy Director of Policy Chief Deputy Clerk Director of Special Projects Council Attorney REPORTS FROM SUBCOMMITTEE ON MINUTES None. REPORTS FROM CITY OFFICES None. SPECIAL BUSINESS/SPECIAL RESOLUTIONS 222225 A SPECIAL RESOLUTION OF THE SOUTH BEND COMMON COUNCIL TO COMMEMORATE MEMORIAL DAY. Vice President Sheila Niezgodski requested reading of Special Resolution Sponsors Vice President Sheila Niezgodski and Councilmember Lori Hamann read Special Resolution No. 22-25. REGULAR MEETING May 23, 2022 Vice President Niezgodski requested comments from councilmembers. Councilmember Canneth Lee stated support for Special Resolution No. 222225. Councilmember Hamann stated the bill was brought forth and supported due to her father and brother serving in the military. Councilmember Karen White stated support for the Special Resolution with her father having served in the military. Vice President Niezgodski stated that along with the Special Resolution, to remember the families that have lost loved ones and the day is also significant to her due to her career in the military. Vice President Niezgodski entertained a motion for passage. Councilmember Hamann made a motion for passage. Councilmember Lee seconded. Councilmember Niezgodski requested roll call. Clerk Dawn Jones responded with eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE Vice President Sheila Niezgodski entertained a motion to resolve into the Committee of the Whole. Councilmember Eli Wax moved. Councilmember Lori Hamann seconded. Vice President Niezgodski requested roll call. Clerk Dawn Jones responded with eight (8) ayes. PUBLIC HEARINGS BILLS ON SECOND READING BILL NO. 19-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED NW CORNER OF CORBY BLVD AND HICKORY RD. COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, IN. Councilmember Canneth Lee made a request for the committee report. Committee Chair Lori Hamann responds that Bill No. 19-22 came before the Zoning and Annexation Committee and was sent to the Committee of the Whole with a favorable recommendation. Councilmember Lee requests petitioner. Angela Smith, Zoning Administrator, offices located on the 14`h floor of the County City Building, proposed a rezoning to a S-2 suburban multifamily district. The site is currently vacated since the mid 1990's. Petitioner is proposing a Memory Care Facility with forty (40) beds with associated parking. Petitioner provided renderings of single -story residential character. Bill was sent by the Plan Commission to the full Council. 7 REGULAR MEETING May 23, 2022 Mike Danch, Danch Harmer Associates, 1643 Commerce Dr, South Bend, IN 46628, who represented the petitioners and requested to down -zone to S-2 District from a NC District. Site plan is requesting 37,000 sq ft one story Memory Care Facility. Petitioner will provide a buffering zone between the single-family residents and the west side of the site which will require an additional landscape buffer. The site will be connected to city utilities. The facilities will have 8- 10 staff members maximum. The parking areas is for staff and visitors excluding residents. Petitioner is asking for down -zoning and cost is 6-9 million dollars. Petitioners sent a notice out to surrounding neighborhoods and held a meeting at a local church. Residents had no concerns but inquired on what the project will entail. Councilmember Lee requested for questions from the Council. Councilmember Rachel Tomas Morgan requested a timeline for the tax abatement property. Mike Dance stated petitioner desires to be under construction in the next couple of months upon approval from the Council. Councilmember Lee requested comments from anyone in the public expressing interest. Clerk Dawn Jones responded there is no one virtually or present wishing to speak. Councilmember Lee states the public portion is closed. Councilmember Lee states Memory Care Facilities are important to challenging illness and is much needed. Councilmember Lee entertained a motion regarding Bill No. 19-22. Councilmember Hamann stated Bill No. 19-22 to be moved to the full Council with a favorable recommendation. Councilmember Lee requested for roll call. Clerk Jones responded with eight (8) ayes. Councilmember Lee stated Bill No. 19-22 will be sent to the full Council with a favorable recommendation. RISE AND REPORT Councilmember Canneth Lee entertained a motion to arise from the Committee of the Whole and report back to the full Council; Lee stated it has been moved and seconded and requests roll call. Clerk Dawn Jones responded with eight (8) ayes. Councilmember Lee stated the motion carries. REGULAR MEETING RECONVENED BILLS ON THIRD READING BILL NO. 19-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED NW CORNER OF CORBY BLVD AND HICKORY RD. COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, IN. Vice President Sheila Niezgodski requested a recommendation from the Committee of the Whole. Councilmember Canneth Lee responded, Bill No. 191922 comes to the full Council with a favorable recommendation. Vice President Niezgodski entertained a motion regarding Bill No. 191922. Councilmember Eli Wax motioned for passage. Councilmember Lee seconded. 3 REGULAR MEETING May 23, 2022 Vice President Niezgodski states Bill No. 19-22 has been moved and seconded. Made request for roll call. Clerk Dawn Jones responded with eight (8) ayes. Vice President Niezgodski stated that Bill No. 191922 has been adopted RESOLUTIONS 22-21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IN DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, IN, COMMONLY KNOWN AS INTERSECTION DYLAN DRIVE AND ADAMS RD. SOUTH BEND, IN 46628 AND ECONOMIC REVITALIZATION AREA FOR PURPOSES OF SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR GLC PORTAGE PRAIRIE V LLC. Vice President Sheila Niezgodski requested recommendation. Committee Chair Lori Hamann stated Bill No. 22-21 comes to the Council with a full recommendation. Vice President Niezgodski requested petitioner. Caleb Bauer, Acting Executive Director of the Department of Community Investment, offices located on the 14`h floor of the County City Building proposed a real property tax abatement for real property at the intersection of Dylan Dr. and Adams Rd. Bower requests approval for a $15.3 - million -dollar private investment in a Spec Warehouse Building. This is a seven (7) year abatement program, and the approved plan will result $1.8 -million dollars in abated taxes with a net tax above six hundred and eighty-eight thousand dollars. ($688,000.00). Caleb Bower states property currently has a fifteen hundred dollars ($1,500.00) annual property tax. Bower states there is an anticipation of three hundred and sixty-seven thousand dollars ($367,000.00). in property taxes after the completion of the property. The property will have a total tax value of 1.8 million dollars with a seven (7) year tax abatement. Jeff Smoke, Great Lakes Capital, 112 W. Jefferson stated he appreciates the support from the Council Vice President Niezgodski requested questions from the Council. Councilmember Hamann inquired about the point systems used for the abatement property. Caleb Bauer stated the point system is utilized to determine the abatement. Councilmember Hamann stated the Community Investment Committee needs a more adequate tool to assess a spec building without a tenant. Caleb Bauer stated the estimated job counts are included from previous properties. It is challenging to come up with number of jobs without a tenant. The track record of GLC's previous projects is a contributing factor to the employment number. Councilmember Hamann stated there is still speculation around number of jobs being created. Caleb Bauer stated there is no tenant lined up for the building. Councilmember Hamann inquired about using a different form for this tax abatement property. Caleb Bauer states the form did determine the seven-year abatement. Bauer suggested seeing about adding categories to the tax abatement form. Councilmember Canneth Lee stated the current property taxes with the increase of property taxes after the abatement. Councilmember Lee stated it is a great use of land and opportunity. Councilmember Rachel Tomas Morgan inquired about conversations around perspective tenants. 4 REGULAR MEETING Mav 23.2022 Jeff Smoke stated there are serious tenant conversations for a two hundred fifty thousand (250,000) sq. ft. property within the property. Councilmember Eli Wax inquired about the affects of getting or not getting a tax abatement on a property and the feasibility of a project of this size. Jeff Smoke stated tenant looks at the tax abatement property and wants to invest. Without abatement, tenants will not utilize property for their businesses. Councilmember Wax inquired if there is a chance for success without an abatement. Jeff Smoke stated that they wouldn't move on without an abatement. Councilmember Hamann inquired about the cost of the property tax on the tenant. Jeff Smoke stated the property taxes and operation costs are passed on to the tenant as part of their rent through what is called triple net. Vice President Niezgodski moved to the public portion. Clerk Dawn Jones responded with no one is wishing to speak in favor of Resolution No. 22-21. Vice President Niezgodski requests for anyone from the public wishing to speak in opposition of Resolution No. 22-21. Joseph Shabazz 316 Martin Luther King Dr. 46601 inquired how the buildings are proposed to be built; how are contractors selected? Caleb Bauer stated the abatement must attain an Affirmative Action Plan. Joseph Shabazz stated the application is vague in representing minorities as a part of the project. Caleb Bauer responded that the abatement forms does designate over the last 3 years businesses being from women and minorities. However, the space was not filled because employees are not present. Vice President Niezgodski closed public portion, and requests comments from the council members. Councilmember Henry Davis Jr. stated we are a body that develop policies. Vague policies that are attainable suggests ambiguity is present. Council has the duty to correct those policies and follow through. Councilmember Wax stated appreciation to petitioner. Indiana is booming as an economic market. Councilmember Wax appreciates the local investments. Councilmember Hamann stated public item 3a as a commitment for Affirmative Action Plan for an unidentified tenant and asks how that will be upheld. Caleb Bauer stated this section was for the contractor. Constructing and material supplies are committed for the Affirmative Action Plan. Councilmember Troy Warner agreed with the policies in place for the seven-year abatement and is excited to see it grow. Councilmember Lee stated opportunities need to be in the city of South Bend and we have to encourage investments to bring jobs and help citizens. Councilmember Tomas Morgan stated her appreciations for continued investments. Councilmember Karen White stated that the conversation is a good conversation and thanks the investor. Vice President Niezgodski thanked the investor for investing in South Bend; Vice President Niezgodski entertained a motion for Resolution No. 22-21. Councilmember Davis moved for adoption. Councilmember Wax seconded. 5 REGULAR MEETING May 23, 2022 Vice President Niezgodski requested roll call. Clerk Jones responded with eight (8) ayes. Vice President Niezgodski states Resolution No. 222221 has been adopted. 22-23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IN CONFIRMING THE GRANT OF CERTAIN PERSONAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 3722 FOUNDATION CT., SOUTH BEND, IN 46628 FOR IMAGINEERING ENTERPRISES, INC. Vice President Sheila Niezgodski requested the committee report. Councilmember Lori Hamann responded with Resolution No. 222223 was sent to full council with a favorable recommendation. Vice President Niezgodski requested petitioner. Caleb Bauer, Acting Executive Director of the Department of Community Investment, offices located on the 14a' floor of the County City Building stated there were a pair of noncompliance waivers for personal and real property tax abatements of Imagincering Inc. DCI presented a letter around missed deadlines for both real and personal property tax abatements. The error was due to staffing changes resulting in missed filing deadlines. Petitioner's proposals are on track with investment commitments and have achieved job commitments in line with abatements. Mike Syler 3722 Foundation Ct. CFO of Imagineering Enterprises expressed apologies for error and appreciates the city for allowing small business to grow in the community. Vice President Niezgodski requested questions from council; moved to public portion. Clerk Dawn Jones stated no one is expressing interest in speaking in favor or in opposition of Resolution No. 22-23. Vice President Niezgodski requested comments from council members; entertained a motion for passage. Councilmember Rachel Tomas Morgan motioned for passage. Councilmember Hamann seconded. Vice President Niezgodski stated Resolution No. 222223 has been moved and seconded and made a request for roll call. Clerk Jones responded with eight (8) ayes. Vice President Niezgodski stated Resolution No. 22-23 has been adopted. 22-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IN, CONFIRMING THE GRANT OF CERTAIN REAL PROPERTY TAX ABATEMENT DEDUCTIONS AND WAIVING NONCOMPLIANCE FOR PROPERTY COMMONLY KNOWN AS 3722 FOUNDATION CT., SOUTH BEND, INDIANA 46628 FOR IMAGINEERING ENTERPRISES, INC. REGULAR MEETING May 23, 2022 Vice President Sheila Niezgodski requested recommendation from committee. Councilmember Rachel Tomas Morgan stated the committee sent Resolution No. 222224 to the full Council with a favorable recommendation. Vice President Niezgodski requested for the petitioner. Caleb Bauer, Acting Executive Director of the Department of Community Investment, offices located on the 14`h floor of the County City Building stated this is the second waiver for the real property abatement. Vice President Niezgodski requested questions from the Council; moved to public portion. Clerk Dawn Jones responded no one is wishing to speak in favor or opposition of Resolution No. 22-24. Vice President Niezgodski entertained a motion. Councilmember Eli Wax motioned. Councilmember Lori Hamann seconded. Councilmember Niezgodski requested roll call. Clerk Jones responded with eight (8) ayes. Vice President Niezgodski stated Resolution No. 222224 has been adopted. BILLS ON FIRST READING 21-22 FIRST READONG ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IN, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1102, 1106, 1110, 1114, 1118, 1122, 1126 AND 1130 MCCARTNEY ST. COUNCILMANIC DISTRICT No. 1 IN THE CITY OF SOUTH BEND, INDIANA. Vice President Sheila Niezgodski entertained a motion to send Resolution No. 212122 to the South Bend Planning Commission for public hearing on June 21 ", 2022 and sent to Zoning & Annexation Committee and Council for public hearing and third hearing on June 27`h, 2022. Councilmember Karen White motioned. Councilmember Troy Warner seconded. Vice President Niezgodski stated the resolution has been moved and seconded; requested roll call. Clerk Dawn Jones responds with eight (8) ayes. UNFINISHED BUSINESS Bob Palmer stated clarification on stipulations and criteria on unfinished business items. NEW BUSINESS Bob Palmer stated clarification on stipulations and criteria on new agenda items. Councilmember Henry Davis Jr. requested human resources chair for the follow through of city services; requested a committee hearing. Councilmember Lori Haman stated the I' and 2"a district will meet on Thursday, May 26h, 2022, at 6:OOpm. Councilmember Hamann invited council to the Neighborhood and Safety Meeting with Officer Burns. Hamann stated many neighborhoods are not in an association. Councilmember Canneth Lee stated for the Council to continuously think about the city due to tragedies in the past week, and to look to engage individuals in the community to reduce violence in the city. Councilmember Lee requested others to keep families lifted up in prayer. REGULAR MEETING May 23, 2022 Councilmember Davis inquired about violence being addressed in the city. Councilmember Lee stated to think of ways to engage community to get perspectives on what drives violence, and asked Council to think about various ways we are dealing with the violence in the city through city projects. Councilmember Davis requested for an update on city projects that target and reduce violence. Councilmember Lee stated updates are under the Health and Public Safety Committee. Vice President Sheila Niezgodski made comment for members to email requests to Councilmember Eli Wax. PRIVILEGE OF THE FLOOR Joseph Shabazz, 316 Martin Luther King Blvd. stated the library cost forty million (40,000,000) dollars however, there were no minority contractors and only one female contractor. The downtown library sent a list of contractors but what efforts were made for minority inclusion. Shabazz stated incomplete applications should be rejected and the office of diversity and inclusion should include municipal codes for minority contractors. Dawn Jones, City Clerk, offices located on the 4`h floor of the County City Building, appreciated the resolution on mental awareness. Clerk Jones stated that we cannot talk about violence without talking about mental health. Postpartum, poverty, and the pandemic are all instances that increase mental health disorders. Clerk Jones suggested to create a crisis team that address mental health and put resources and efforts into mental health. Councilmember Henry Davis Jr., 5117 Idlewood Dr. South Bend, IN 46619, agreed with Joseph Shabazz and the neglect of policies that affect minorities. Councilmember Davis stated there are no numbers representing minorities and no one is addressing the law. When money is not going back into the area it produces an increase of violence. Councilmember Davis stated he is looking to have a discussion through a committee structure. Vice President Sheila Niezgodski adjourns meeting. ADJOURNMENT