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Home My WebLink About05-09-2022 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: 05-09-2022 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: APPROVED BY THE COMMON COUNCIL UN//��LOON:%06--13-2022 ATTEST: �(J((� DAWN M. JONES, CITY CLERK REGULAR MEETING May 9, 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 9, 2022, at 7:00 p.m. Council President Sharon L. McBride called the meeting to order. Mr. Iman Anthony Scot of the Islamic Society of Michiana delivered 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 the 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: https://tinvurl.com/041122CC INVOCATION Mr. Iman Anthony Scott of the Islamic Society of Michiana gave invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Canneth Lee Henry Davis Jr. Sharon L. McBride Troy Warner Eli Wax Sheila Niezgodski Karen L. White Lori K. Hamann COUNCIL MEMBERS ABSENT: Rachel Tomas Morgan OTHERS PRESENT: Dawn M. Jones Kenneth Hardy Victoria Trujillo Bob Palmer 151 District, Committee of the Whole 2nd District Yd District, President 41h District 5a' District 61h District, Vice -President At -Large At -Large City Clerk Deputy Director of Policy Director of Special Projects Council Attorney REPORTS FROM SUBCOMMITTEE ON MINUTES None. REPORTS FROM CITY OFFICES None. SPECIAL BUSINESS/SPECIAL RESOLUTIONS 22-20 A SPECIAL RESOLUTION OF THE SOUTH BEND COMMON COUNCIL TO REGOGNIZE MAY AS MENTAL HEALTH AWARENESS MONTH. President Sharon McBride, 415 E Broadway St. South Bend, read Bill No. 222220. McBride requested Council remarks. REGULAR MEETING May 9, 2022 Councilmember Canneth Lee reiterated that mental health support is an especially critical issue. Councilmember Lee stated people have struggled due to the pandemic and that mental health affects children and adults. Councilmember Lee stated his support for the resolution. Councilmember Karen White supported the comments made by Councilmember Lee and thanks President McBride for bringing forth this proclamation. Councilmember White stated it is important for everyone to share this information and education regarding the resources for mental health. Councilmember White stated her support for the resolution. Councilmember Eli Wax stated his support for the resolution and the awareness of mental health along with decreasing the negative stigma against getting help. Councilmember Lori Hamann stated her support for the resolution and stated that the work has a connection with the Suicide Prevention Month recognized in September. Councilmember Hamann acknowledged the challenging work from mental health professionals and supports the resolution. President McBride stated on May 20th from 7:00-10:00 p.m. she will be sponsoring a benefit concert for those struggling with mental health as well as the whole community. President McBride entertained a motion to resolve back into the Committee of the Whole. Councilmember Troy Warner motioned. Vice President Sheila Niezgodski seconded. President McBride requested roll call. Clerk Dawn Jones responded with eight (8) ayes. Bob Palmer stated that if a Councilmember is online their camera must be on when voting. RESOLVE INTO THE COMMITTEE OF THE WHOLE PUBLIC HEARINGS BILLS ON SECOND READING BILL NO. 15-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, IN TO VACATE THE FOLLOWING DESCRIBED PROPERTY, ALLEY BETWEEN LOTS 4 & 5 OF FUERBRINGER'S IST ADDITION. Councilmember Canneth Lee requested the committee report. Committee Chair Sheila Niezgodski responded that Bill No. 151522 came before the Public Works and Property Vacation Committee and was sent to the Committee of the Whole with a favorable recommendation. Councilmember Lee requested the petitioner. Mike Rozycki, Abonmarche Consultants, 315 W. Jefferson stated he is representing The South Bend Heritage to put a house on the unimproved alley. The property will be able to use the center line of the alley as a setback; property line will increase by five feet (5ft). REGULAR MEETING May 9, 2022 Councilmember Lee requested questions from the Council; Lee requests questions from the virtual and in-person public. Johnathan Thornton. 912 W Oak St. stated that he is vacating the property and in the process of buying the empty lot on the other side of the alley; Thornton inquired if the property in questions is next to 912 W. Oak St. Mike Rozycki responded with an illustration for the citizen; clarifies the correct alley. Sheila Vandewalle 908 Oak St requested clarification on location of her vacant lot and ask what the petitioner plans to do with the lot. Mike Rozycki responded that the citizen is four (4) lots east of the petitioned property; the current alley is not improved but overgrown grass. Sheila Vandewalle stated she is in favor of the bill. Councilmember Lee stated public hearing is closed; requests councilmember statements; Lee entertains a motion. Councilmember Eli Wax motioned to send Bill No. 15-22 to the full Council with a favorable recommendation. Councilmember Karen White seconded. Councilmember Lee requested roll call. Clerk Dawn Jones responded with eight (8) ayes. Councilmember Lee stated the motion carries. 20-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPLMENTING AND AMENDING ORDINANCE NO. 9722-06, ORDINANCE NO. 9968-09, AND ORDINANCE NO. 10142-11 PERTAINING TO THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT) ("THE BONDS") APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A THIRD AMENDED AND RESTATED TRUST INDENTURE, A THIRD AMENDED AND RESTATED LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE BONDS AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO. Councilmember Canneth Lee requested the committee report. Committee Chair Sheila Niezgodski stated the Bill No. 202022 came out of the Personnel and Finance Committee with a favorable recommendation and sent to the Committee of the Whole. Council Member Lee requested the petitioner. Randy Rompola, Attorney with Barnes and Thornburg, 201 S. Main St. stated the ordinance amends the bond ordinance of 2007. Rompola stated this ordinance will change the interest rate in calculation indenture LIBOR and to remove the manufacturing entity, PEI Genesis as a borrower 7 REGULAR MEETING May 9, 2022 for existing bonds. The intent is to amend the Trust Indenture to bring it into compliance with current interest rate calculations and then amend the loan agreement to remove the borrower. Councilmember Lee requested comments from Council; Councilmember Lee continued to the public hearing section. Clerk Dawn Jones responded no one from the public is wishing to speak in favor or in opposition of Bill No. 20-22. Councilmember Lee entertained a motion for Bill No. 20-22. Committee Chair Sheila Niezgodski motioned to send Bill No. 202022 for passage to the full Council with a favorable recommendation. Committee member Karen White seconded. Councilmember Lee requested roll call. Clerk Dawn Jones responded with eight (8) ayes. Councilmember Lee stated the motion carries: Bill No. 20-22 will be sent to the full Council for passage. RISE AND REPORT Councilmember Canneth Lee entertained a motion to arise from the Committee of the Whole and report back to the full Council; Councilmember Lee stated it has been moved and seconded and requested 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. 15-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY BETWEEN LOTS 4 & 5 OF FUERBRINGER'S 1sT ADDITION. President Sharon McBride requested a recommendation from the Committee of the Whole. Councilmember Canneth Lee responded, Bill No. 15-22 comes to the full Council with a favorable recommendation. President McBride entertained a motion regarding Bill No. 151522. Councilmember Karen White motioned for passage. Vice President Sheila Niezgodski seconded. President McBride responded Bill No. 151522 has been moved and seconded, and requests roll call. Clerk Dawn Jones responded with eight (8) ayes. President McBride stated Bill No. 151522 has been adopted. 20-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPLMENTING AND AMENDING ORDINANCE NO. 9722-06, ORDINANCE NO. 9968-09, AND ORDINANCE NO. 10142-11 PERTAINING TO THE CITY OF 4 REGULAR MEETING Ma 9, 2022 SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT) ("THE BONDS") APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A THIRD AMENDED AND RESTATED TRUST INDENTURE, A THIRD AMENDED AND RESTATED LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE BONDS AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO. President Sharon McBride requested recommendation from the Committee of the Whole. Councilmember Canneth Lee stated Bill No. 20-22 comes to the full Council with a favorable recommendation. President McBride entertained a motion regarding Bill No. 202022. Councilmember Lee motioned for passage. Vice President Sheila Niezgodski seconded. President McBride stated it has been moved and seconded and requests roll call. Clerk Jones responded with eight (8) ayes. President McBride stated Bill No. 202022 has been adopted. RESOLUTIONS None BILLS ON FIRST READING None UNFINISHED BUSINESS Councilmember Henry Davis Jr. stated the city is in partnership with South Bend Community School Corporation and there have been talks of school closings which will affect the manner in how the city operates. Councilmember Davis stated if the schools are closing it will have an enormous change in the area. Multiple school closings will affect a whole side of town. Councilmember Davis stated this will impact the Council's duties and suggests the Council should be a part of the discussion with South Bend School Corporation. Councilmember Davis stated that rendering services to citizens should be paid attention from an important level. Councilmember Davis stated that many people will lose out when it comes to how South Bend is developing. President Sharon McBride supported the committees that are having conversations around school closings and clarifies that the Council has representation in those conversations. NEW BUSINESS Councilmember Henry Davis Jr. requested a better conversation on budget hearings and how the departments are graded. Councilmember Davis inquired if the budget will be performance based and states the need for a scale to determine performance. Councilmember Troy Warner stated all departments came before the Council at least once. Councilmember Sheila Niezgodski stated the budget is in the early stages and requests feedback from all the councilmembers to help proceed with the budget process. REGULAR MEETING May 9, 2022 Councilmember Lori Hamann stated that the Council waited almost a year for the employee survey and does not wish to go in budget negotiations regarding salary or not without the employees' surveys that they committed to last year. PRIVILEGE OF THE FLOOR Clerk Dawn Jones stated no one is expressing interest to speak. ADJOURNMENT