HomeMy WebLinkAbout04-25-2022 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: 04-25-2022
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE, WE RECOMMEND THE SAME BE APPROVED:
APPROVED BY THE COMMON COODUNCIL ON: 06-13-2022 )
ATTEST: ALa ) ;i -
DAWN M. JONES, CITY CLERK
REGULAR MEETING April 25, 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, April 25, 2022, at 7:00 p.m. Council President Sharon L.
McBride called the meeting to order. Evangelist Mary Winters of the Pentecostal Cathedral Church
of God in Christ 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: https://tinyuri.com/041122CC
ROLL CALL
COUNCILMEMBERS PRESENT:
Canneth Lee
Henry Davis Jr.
Sharon L. McBride
Troy Warner
Eli Wax
Sheila Niezgodski
Karen L. White
Lori K. Hamann
Rachel Tomas -Morgan
COUNCILMEMBERS ABSENT:
OTHERS PRESENT:
Dawn M. Jones
Kenneth Hardy
Victoria Trujillo
Bob Palmer
I` District, Committee of the Whole
2nd District
Yd District, President
4`n District
5`n District
6`n District, Vice -President
At -Large
At -Large
At -Large
City Clerk
Deputy Director of Policy
Director of Special Projects
Council Attorney
REPORTS FROM SUBCOMMITTEE ON MINUTES
President Sharon McBride requests reports from the sub -committee minutes.
Clerk Dawn Jones states the subcommittee has inspected the March 11, 2022, and the March 28,
2022 minutes. The minutes are recommended to be approved.
Councilmember White states the motion to accept the report from the subcommittee for the month
of March for the 11 d, and the 28`n
Councilmember Henry Davis Jr. states, second.
President McBride reports the subcommittee minutes have been motioned and second. Motions
carried.
REPORTS FROM CITY OFFICES
SPECIAL BUSINESS
President McBride reports there is no special business and no reports from the city. I will entertain
a motion to resolve into the Committee of the Whole.
REGULAR MEETING
April 25, 2022
Councilmember Lori Hamann states, seconded.
President McBride states it has been motioned and seconded. Councilmembers will vote by
acclamation. All are in favor for moving into the Committee as a Whole. Motions carried.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
Councilmember Canneth Lee reports the Committee of the Whole is now in session. Clerk Jones
will provide the second reading for the following bills.
PUBLIC HEARINGS
BILLS ON SECOND READING
BILL NO.
09-22 AN ORDIANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, IN.
AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 2413 PRAIRIE
COUNCILMANIC DISTRICT 6 IN SOUTH
BEND, IN.
Councilmember Lee requests committee report.
Councilmember Hamann responds that Bill NO. 09-22 came before the Zoning and Annexation
this afternoon and comes with a favorable recommendation.
Councilmember Lee requests that the petitioner state their name and address and share key points
before the council.
Joe Molnar, Property Development Manager, offices on the 14`h floor of the County City Building
states the petition is for the rezoning of property 2413 Prairie Ave. The petition in question is in
the northwest comer lot at the intersection of Olive and Prairie Ave on the southwest side of the
city of South Bend, IN. It's all zoned S 1 suburban neighborhood, primarily single-family use. It's
the last remaining portion of the intersection that has not been zoned. For commercial activity to
the south there is a property zoned commercial, to the southeast a property zoned C commercial
and directly east a property zoned NC Neighborhood Center, which is more urban, a commercial
and mixed-use zoning classification. It is the last portion of the intersection that is only single-
family housing allowed. It is mostly vacant with one remaining house on. Site plans have been
submitted with convenient store in the northwest portion of the site and then gas pumps along
Prairie Ave.
Joe Molnar continues rezoning the property to C commercial will allow for commercial growth
along Prairie Ave. It is an intersection of two major corridors in the city. With the intersection of
those two major corridors in the city which typically is zone for commercial uses. Site does meet
all proper buffering to protect the single-family neighborhood. Developer upgrading Victoria
Street up to C commercial standards. Current street can't handle commercial traffic. It should go
to the Plan Commission with a favorable recommendation. From Plan Commission to Council
with a favorable mention.
Councilmember Lee responds with any questions from the council to the petitioner.
Councilmember Lee restates no questions from Councilmembers; go to public portion.
Steve Ruby 315 W Jefferson St. Abonmarche Consultants. Joining the lots will allow us to be able
to use the corner for the convenience store. An asset and potential business addition to the
neighborhood.
Councilmember Lee responds with anyone from the public wishing to express interest in favor of
Bill No. 09-22.
Clerk Jones, no one in the virtual public is expressing interest to speak in favor of
Bill No. 09-22.
`A
REGULAR MEETING April 25, 2022
Councilmember Lee requests to see if anyone in the virtual public wishing to speak in opposition
to Bill No. 090922. Public hearing is now close. Councilmembers, I will now entertain a motion
regarding Bill No. 090922.
Vice President Niezgodski motion to send Bill No. 090922 to the full Council for passage.
Seconded.
Councilmember Lee motion has been second.
Jones responds with nine (9) ayes.
Councilmember Lee Bill No. 09-22 will be sent to the full council with a favorable
recommendation.
12-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, TO VACATE THE
FOLLOWING DESCRIBED PROPERTY NORTH
ALLEY BETWEEN NORTH MEADE ST AND
NORTH KALEY ST FROM WEST KELLER ST
TO MARQUETTE BLVD.
Committee Chair Niezgodski states this bill came out of the Public Works and Property Committee
with a favorable recommendation to the Committee of the Whole.
Councilmember Lee requests that the petitioner state their name and address and share key points
before the council.
Bill Palmer, city attorney, interrupts to say the petitioner called in between the committee and full
council meeting. She will attend at 7:30. Suggests a motion to advance Bill No. 181822 second
reading before Bill No. 121222.
Councilmember Davis motions.
Councilmember White seconded.
Councilmember Lee requests roll call, Clerk Jones
Clerk Jones responds with nine (9) ayes.
18-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
THE SOUTH BEND ESTABLISHING
JUNETEENTH AS A DESIGNATED CITY
HOLDIDAY AND AMENDING CHAPTER 2
ARTICLE 8 SECTION 2 -120 OF THE SOUTH
BEND MUNCIPAL CODE TO APPROPRIATELY
INCREASE THE TOTAL NUMBER OF
DESIGNATED HOLIDAYS FOR OFFICERS AND
EMPLOYEES OF THE CITY.
Vice President Niezgodski states that bill came out Personnel and Finance with a favorable
recommendation to the Committee of the Whole.
Councilmember Lee requests that the petitioner state their name and address and share key points
before the council.
Casey Gergely, Mayor Mueller's chief of staff with offices on the 14' floor of this building. It is
my honor to present Bill No. 181822 to council tonight. This ordinance is requesting that we amend
the South Bend Municipal Code to officially recognize Juneteenth as an official city holiday. This
day is rich in history, and last year was declared a federal holiday by President Biden. We are
hoping to follow in his footsteps and follow that precedent. The ordinance is requesting that we
increase the number of city holidays from nine (9) to ten (10). If the council chooses to pass the
t,
REGULAR MEETING April 25, 2022
ordinance tonight, the next step is to present this to the board of Public Works, which will set the
actual holiday with the intent to recognize Juneteenth as a city holiday. We will then follow up
with Council with a resolution acknowledging the completion of the process and the hope is that
this year Juneteenth will be recognized as an official holiday (this calendar year). Acknowledging
the question that we got in committee about the potential budgetary impact of this ordinance and
this charge and according to our estimates. Salaried workers there wouldn't be a finance
component but a slight production impact. As far as the financial component, we're estimating
the impact to be about fifteen to twenty thousand dollars ($15-20,000.00) which accounts for
overtime and holiday pay. I will open to the council for questions.
Councilmember Lee calls for Councilmembers' questions for the petitioner.
Councilmember Hamann inquiries about paid holiday for full time holiday hourly workers.
Kacey Gergely, responded for hourly workers, if work on holidays is given, they are paid for the
holiday and then time and half. I will confirm that.
Councilmember Hamann inquires if they don't work, it's paid regular time as a holiday.
Kacey Gergely states I believe so.
Councilmember Rachel Tomas -Morgan follows up with asking if this is a paid holiday; how many
holidays does the county employees have.
Kacey Gergely responds that county currently has fourteen (14) paid holidays where the city has
nine (9) paid holidays and this request is to increase that to ten (10).
Councilmember Lee opens the floor to public portion; Clerk Jones anyone speaking in favor in
Bill No. 18-22.
Clerk Jones responds Latorya Green is wishing to speak in favor of Bill No. 181822 making
Juneteenth a holiday for city employees.
Latorya Green, 1028 Ebeling Dr., South Bend, Indiana on behalf of the South Bend Chapter
Indiana Black Expo and on behalf of our 80 plus members, we have celebrated Juneteenth annually
for over twenty (20) plus years in the community. Celebrating not only the history of Juneteenth,
but also the African American community. And so being able to have this holiday recognized on
the federal level last year, it was truly an honor for us, especially to be able to get this final
recognition. We are in favor of this being recognized as a holiday for city employees. One of the
things that we did want to stress is that we encourage for it to not only be a day off, but a day on.
To be able to volunteer in any local events that are taking place, something that we've had every
year at LaSalle Park, but just a flow for it to be an opportunity for volunteerism. And like I said,
not to have a day off, but actually a day on in the community.
Clerk Jones responds with no one else expressing interest from the public.
Councilmember Lee requests anyone in opposition of this bill. Public portion is now closed for
Bill No. 18-22. Any Councilmembers wishing to speak?
Councilmember White responds with supporting Ms. Latorya Greene comments and in support of
Bill No. 18-22. This community for over twenty (20) plus years has had programs and activities
for this holiday. I can recall all the work that to be done to recognize Dr. Martin Luther Kings Day
as well. I would encourage all our citizens to partake in all the activities that will be held within
our city. Time to recognize some past struggles but also time to recognize the progress that has
been made.
Councilmember Davis responds with I'm going to support but point to some inconsistencies. I
never knew about Juneteenth. I went to the LaSalle Park and did not know of Juneteenth this is
recent. I do want to point out that President Biden made this a federal holiday but there is a
drawback that African Americans are still doing poorly in this country. African Americans have
a high instance in every bad category that you can name. I want to point out what progress is and
has been for us. Celebrating this being an official city holiday, the council passed a resolution for
Indigenous People's Day, we still have seen that happen. We've seen reports back from the EPA
about Becks Lake in that area being contaminated, but not as contaminated but still bad with a
REGULAR MEETING April 25, 2022
horrible history behind it. We're talking about black people. It's great to celebrate the end of
slavery but it should be coupled and celebrated if we can see a brighter day within the African
American community with affordable housing, better schools. A school being closed that is
predominantly black on the west side of South Bend. The work ahead of us is not done. We are
still fighting the same battles. Put a spotlight on things. If we are going to celebrate than let it be
for the actual win of a better quality of life here in South Bend. We have the ability as elected
official leaders of this city. Thank you for the bill but the number speaks for themselves. There
were three (3) murders last week, all were black. The school in talks of being closed is a Black
school. Anguish is usually colored in black. We can celebrate but we have a tremendous amount
of work to do.
President McBride speaks in support of the bill and emulates Latorya Greene's comments as well.
I've been a part of the activities for Juneteenth for over twenty (20) years and grew up at the
Charles Black Center. I've been very active and familiar with the activities and church services
out there as well as other activities. I'm excited about the mayor bringing this bill in front of us for
acknowledging it as an official holiday. We have struggled for a long time and still have a lot of
struggles. Any step that we have made, especially acknowledging that African American
community and allowing us to know have it as a celebration, paid day off because I know for years,
we've been taking it and eating a benefit time. We now have an opportunity to celebrate it and
have it taken off without city employees having to use that day for their personal time to celebrate.
Thank you for representing the mayor's office and bringing this bill in front of us.
Councilmember Lee states that I am grateful for this being a paid holiday for city employers. The
county has fourteen (14) the city has ten (10). In 1863 Emancipation Proclamation freed the slaves
but wasn't until June 1865 soldiers went on June 19 in Texas and declared twenty-five thousand
(25,000) enslaved people freed that day. That is where the celebration is. South bend does a great
job celebrating the history and the heritage. I am very much in support of us receiving this holiday.
As Latorya Greene said, it's not a day off, it's a day on. It's a great way for everybody to engage
in the conversation and look at where we've come from and where we need to go and work together
so that we can continue to make this a better nation. I am very much in support of this.
Councilmember Lee continues, I will now entertain a motion regarding to Bill No. 181822.
Councilmember White motions that Bill No. 18-22 be sent to full council with a favorable
recommendation.
Councilmember Henry seconded.
Councilmember Lee responds with a motion and second. Clerk jones please roll call.
Clerk Jones responds with nine (9) ayes.
Councilmember Lee responds Bill No. 181822 will be sent to the full council with a favorable
recommendation.
Councilmember Lee requests for a committee report from Building
12-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, TO VACATE THE
FOLLOWING DESCRIBED PROPERTY NORTH
ALLEY BETWEEN NORTH MEADE ST AND
NORTH KALEY ST FROM WEST KELLER ST
TO MARQUETTE BLVD.
Councilmember Lee requests a committee report from building.
Clerk Jones states second reading of Bill N. 12-22.
Committee Chair Niezgodski responds with the bill that was given to the Committee of the Whole
with a favorable recommendation.
E
REGULAR MEETING April 25, 2022
Councilmember Lee requests that the petitioner states their name and address and share key points
before the council.
Regina Preston, 838 Elmer St., South Bend, Indiana on behalf of the Far Northwest Neighborhood
Association. We are requesting this alley vacation in order to build four (4) affordable housing
units on Meade St. in our neighborhood. It's an exciting project for us and we have been working
on it for a couple of years. Looking forward to being able to bring this much needed affordable
beautiful brand-new construction to our community and make sure it's available to prevent
displacement. We are looking to specifically identify those who can purchase it that are currently
living in South Bend and maybe even currently living in our neighborhood, possibly as renters.
We are requesting that the alley be vacated so that we can have a curb cut but the existing zoning
doesn't allow curb cuts with a through alley. Looking to have it vacated. What is considered an
alley is not a throughway; it is overgrown. Property owners have put cement blocks and barricades.
Bushes are growing where the cars would normally pass through. It has been maintained for years
by all the surrounding property owners act as if it was already part our property. We are looking
to make this official.
Regina Preston continues with a key point; there is an easement there. Once residents move in
there how do we ensure that they don't fence it off and block access? There is an easement because
their utility lines are back there. We are not allowed to completely block that off. That will be
opened.
Councilmember Lee requests Councilmembers' questions for the petitioner.
Councilmember Hamann asks what the parking situation for the people that live in this block
between Keller and Meade and Marquette. Are they parking in the front, have they already put in
the curb cuts for themselves with driveways?
Regina Preston responds this is the this is an old, well-established block within the neighborhood
and there is currently a stretch of habitat homes on the east side of the block. There are older homes
on the west side of the block; the northern half and all of those at whatever point in time have curb
cuts. People park in their own driveways. There is no parking on the street. They all have
driveways.
Councilmember Lee responds to the public portion anyone wishing to speak in favor of Bill No.
12-22.
Clerk Jones responds Jordan Giger.
Jordan Giger 424 S. Michigan St. Unit 660, South Bend, Indiana I'm speaking in favor of the
ordinance. I have been following the Far Northwest Neighborhood Association and familiar with
the project. They put a lot of work into it. I wanted to speak on the record in favor of it.
Councilmember Lee anyone else that wants to speak in favor of the public hearing on Bill No. 12-
22 is now closed. Requests for statements from Council.
Councilmember White responds with I wanted to thank the Far Northwest Association for their
commitment and dedication to brining this project to the point we have before us. It has been a
long time coming and the work that they put into that area of our communities is greatly needed
and much appreciated. I want to thank them for staying focused and for their dedication.
President McBride states I would like to say congratulations to the petitioner. This has been a long
time coming and a great day. Congratulations for getting this far on the project. I can't wait to
see the end result.
Councilmember Lee responds, I would like to say that before I became a City Councilmember, I
was a member of the Far Northwest Neighborhood Association. They went through a lot of
challenges and met at my church in order to get organized. They have been an agent of change for
our neighborhood. This project is something that is going to be very impactful; four (4) units of
affordable housing is a big deal. It has been a lot of work. Thank you all for continuing the work
and the vision and we look forward to the next steps and bringing this to fruition.
Councilmember Lee continues, I will now entertain a motion for Bill No. 12-22
REGULAR MEETING April 25, 2022
President McBride, I move for passage.
Councilmember Niezgodski, seconded.
Councilmember Lee, there's been a motion and second.
Clerk Jones roll call.
President McBride responds with motion for Bill No. 121222 to be moved to the full council with
the favorable recommendation.
Councilmember Niezgodski, seconded.
Clerk Jones responds with roll call of nine (9) ayes.
Councilmember Lee, Bill No. 12-22 will be sent to the full council with a favorable
recommendation. I will now entertain a motion to arise from the committee of the whole and
report back to the full council. Councilmember Lee continues with it has been moved and
seconded. Do affirmation of those in favor. Motion carried.
RISE AND REPORT
Lee I will now entertain a motion to arise from the committee of the whole and report back to the
full council; it has been moved and seconded. Do affirmation of those in favor. Motion carried.
REGULAR MEETING RECONVENED
President McBride states the full council is now back in session. This portion is of our meeting is
where bills are given a third reading and action is taken regarding bills that were heard during the
Committee of the Whole.
BILLS ON THIRD READING
BILL NO.
09-22 THIRD READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF THE
SOUTH BEND, INDIANA, AMMENDING THE
ZONING AND ORDINANCE FOR PROPERTY
LOCATED AT 2413 PRAIRIE COUNCILMANIC
DISTRICT #6 IN THE CITY OF SOUTH BEND,
IN.
President McBride requests a recommendation from Councilmember Lee.
Councilmember Lee responds, Bill No. 090922 comes to the full council with a favorable
recommendation.
President McBride now entertains a motion regarding Bill No. 090922.
Councilmember Neizgodski made a motion to call for passage of Bill No. 090922.
Councilmember Lee seconded the motion.
President McBride responds the bill has been moved and seconded. Requests roll call from Clerk
Jones.
Clerk Jones responds with nine (9) ayes.
President McBride Bill No. 090922 has been adopted.
12-22 THIRD READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF THE
SOUTH BEND, INDIANA, VACATE THE
FOLLOWING DESCRIBED PROPERTY NORTH
SOUTH ALLEY BETWEEN NORTH MEADE ST.
AND NORTH KALEY STREET FROM WEST
KELLER ST TO MARQUETTE.
FA
REGULAR MEETING April 25, 2022
President McBride requests if there is a favorable recommendation from the Committee of the
Whole on Bill No. 12-22.
Councilmember Lee, Bill No. 121222 comes to the full Council with a favorable recommendation.
President McBride entertains a motion regarding Bill No. 121222.
Councilmember Lee made a motion to call for passage of Bill No. 12-22.
Councilmember Niezgodski seconded the motion.
President McBride states it has been moved and seconded. Requests roll call from City Clerk
Jones.
Clerk Jones responds with roll call of nine (9) ayes.
President McBride states, Bill No. 121222 has been adopted
18-22 THIRD READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF THE
SOUTH BEND, INDIANA, ESTABLISHING
JUNETEENTH AS A DESIGNATED CITY
HOLIDAY AND AMENDING CHAPTER TWO,
ARTICLE 8, SECTION 2-120 OF THE SOUTH
BEND MUNICIPAL CODE TO
APPROPRIATELY INCREASE THE TOTAL
NUMBER OF DESIGNATED HOLIDAYS FOR
OFFICERS AND EMPLOYEES OF THE CITY.
President McBride requests if there is a favorable recommendation from the Committee of the
Whole on Bill No. 18-22.
Councilmember Lee, Bill No. 181822 comes from the Committee of the Whole to the full Council
with a favorable recommendation.
President McBride entertains a motion regarding Bill No. 18-22.
Councilmember Hamann made a motion to call for passage of Bill No. 181822.
Vice President Niezgodski seconded the passage.
President McBride states it has been moved and seconded. Requests roll call from City Clerk
Jones.
Clerk Jones responds with roll call of nine (9) ayes.
President McBride states, Bill No. 181822 has been adopted.
RESOLUTIONS
BILL NO.
22-17 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, IN CALLING
FOR THE COOPERATION OF THE CITY OF
SOUTH BEND, THE SOUTH BEND HOUSING
AUTHORITY AND DEVELOPPERS TO
CREATE, FUND AND IMPLEMENT AN
INITATIVE TO REMOVE BARRIERS TO
AFFORDABLE HOUSING IN SOUTH BEND.
President McBride requests for comments from Parliamentarian.
Bill Palmer states this resolution was third and public hearing after committee presentation on
April 11. Therefore, it's only for Council vote tonight. No public hearing.
McBride entertains a motion regarding Bill No. 22-17.
H
REGULAR MEETING April 25, 2022
Councilmember Lee made a motion to call for passage of Bill No. 222217.
Vice President Niezgodski seconded the motion.
President McBride states it has been moved and seconded. Requests roll call from City Clerk
Jones.
Clerk Jones responds with roll call of nine (9) ayes.
President McBride states, Bill No. 22-17 has been adopted.
Councilmember Troy Warner made a motion to reject Bill No. 222217.
Councilmember Hamann, Seconded.
President McBride requests that Clerk Jones call the roll point of order.
Councilmember Warner requests to call for a discussion on the motion.
President McBride opens the bill up for discussion.
Councilmember Warner states the Housing Authority showed up and spoke against that bill. It
was tabled two weeks ago and asked for a two-week extension to make modifications. Those
modifications have not happened. We think that the Housing Authority is on board come in
opposition to this bill again. This has not been done efficiently or effectively. We should just be
done with the bill.
Councilmember Hamann reiterates Council Warner. We had this discussion before on council. If
we are bringing bills before one another, there's a level of due diligence and conversation that
needs to happen with entities that are named on the resolution. That level of due diligence didn't
occur with this particular bill.
Councilmember Davis responds, this particular piece of legislation, this bill, or resolution was a
continuation of what this Council had passed over a year ago. It wasn't aimed to discredit any one
entity, including the people at the Housing Authority. It was something to progress the discussion
that all of you unanimously voted for. I don't know where the change of understanding of what
this is came in. This Council voted unanimously for a resolution to do work with the South Bend
Housing Authority. The mayor still appoints the board over there; it is still city driven. The
ordinance that was put forth back in the 1970's came from this City Council. Your job is for one,
to support. Two, the South Bend Housing Authority, the city of South Bend has already given the
South Bend Housing Authority eight hundred thousand dollars ($800,000.00) American Cares Act
money to support the redevelopment. Maybe it is the presenter, maybe something personal is
going on here. It is only to further along the discussion about the need for affordable housing. No
one said anything when Mayor Pete came knocking down seven hundred (700) homes mostly in
the second (2"d) district. No one said anything about what this is going to look like in the second
(2nd) district when it's redeveloped on Western Ave, if or when it does happen. Whatever you
have with me personally, I'm sorry, I don't understand it and I don't like it. This is becoming part
of the culture of this Council. We're wrecking the opportunity to develop. Wrecking the
opportunity to support this community properly or wrecking the opportunity of having great
personal relationships and working relationships with each other. If I have offended any of you
by trying to represent my district properly to bring something to the table that makes sense for this
community, that's my job.
Councilmember Lee responds with the issue has been that when the organization comes and says
that this bill is not going to help anything, we've already had something in place. We had
neighborhood meeting and the city talked about their collaboration with the housing Authority.
The two-week extension was given, and the work didn't develop. We must pass good bills and
that is the work that we must do. You must look at all the factors of the people that are involved
in it. If something is going to work, that is when you get the votes. Do good bills so that it doesn't
have to be a mess on the floor. We are looking for a level of service to allow these bills to be good
bills. If we have people who are affected the most say this is not going to help us or will hinder
us, we must take that into consideration.
REGULAR MEETING April 25, 2022
Councilmember Davis responds, this piece of legislation is not binding, and it is not going to
impact anyone negatively. It is for the council to develop a larger discussion to progress the
conversation that unanimously voted for well over a year ago. We are missing the point.
Vice President Niezgodski responds this was brought to us about a year ago. We all do support
affordable housing in our community, and we have had presentations by the administration about
their work with the Housing Authority. Dr. Lamberg has been very detailed and clear about the
process that they're going to be undertaking. From discussions with the developers to discussions
that they're going to have with the residents about what they're going to be doing about relocation.
Once they get through the process so that is clearly understood by the residents, they will put
together a number for what the building would look like, which the city South Bend and the
administration will be considering the amount of money to support that initiative. It was clear to
me that it was basically telling the developer what they could and cold not do. Then give it two
weeks and to come back before us again. We all acknowledge that we support affordable housing.
This bill is not ready to come before us. If it is not ready to come before us, it needs to be voted
down.
President McBride, we have a motion on the floor to reject Bill No. 222217. Clerk Jones roll call.
Clerk Jones responds with seven (7) ayes.
President McBride states that Bill No. 222217 has been rejected.
22-19 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, IN
APPROVING A RESOLUTION OF SOUTH BEND
REDEVELOPMENT COMMISSION TO
AMMEND THE BOUNDARIES OF THE RIVER
EAST DEVELOPMENT AREA AND APPROVE
THE AMENDED AND RESTATED
DEVELOPMENT PLAN FOR THE RIVER EAST
DEVELOPMENT AREA.
President McBride states, we have a presenter.
Time Corcoran, Director of Planning for the City of South Bend with offices on the 14`h floor of
this city building. We're proposing to adjust the River East TIF district. The purpose of doing
this is to adjust the TIF boundary. The city will be able to collect incremental tax increases from
this area to help fund future priorities and planning initiatives within the River East TIF district.
Priorities may include infrastructure, including streetscape projects, which are currently in the
works for LaSalle St., Colfax and Mishawaka Ave as well as projects and infrastructure projects
within the expanded area. We know it may be some need to look at Venice and Charles St. based
on new developments happening there. The increased revenue can also go towards community
assets of Sites Park, East Race, Riverfront parks and trails and zoo which are in the River East TIF
district. Potential projects are currently none, and not in the process of going through any
developers' agreements. It does allow us to help incentivize new development projects in the
River East TIF area and the expanded area. The map shows the blue area is within the TIF district
in South Bend and the orange are in the upper right. The addition we are proposing is
approximately forty-seven (47) acres and represents point 17 percent (.17%) of the total TIF
district. The adjustment area which is bisected by State Road 23 is within the boundary of
Ironwood Rd Edison, Twyckenham and Dunn Rd. The River East TIF is defined by the blue area
east of the St. Joe River and the River West TIF to the west of Saint Joe River. The area is forty-
seven (47) acres. There are eighty-eight (88) parcels and fifty-three (53) unique landowners. A
question we had in our committee meeting was when the TIF district expiries in 2035 which is
when most of the River East TIF will expire. A few parts in the River East Tiff will expire a few
years later. The blue line represents the city boundary as well.
Tim Corcoran continues, we know of a couple developments coming. They will be a part of a
fiscal impact analysis that is being done by Baker Tilly. One of those developments is the Turtle
Creek Redevelopment site which came to Council late last year for an exception for group housing.
The Irish Quarter, which is currently under construction right now is a mixed-use development
10
REGULAR MEETING April 25, 2022
project, primarily residential apartments with retail on the ground floor along Charles St. and State
Road 23. There is also another commercial development to the east of the recent Drive N' Shine
development by Haji Tehrani. Part of it is a Quick Lube facility, the details of this development
are still in the works. It has yet to go through plan review. This area has a lot of areas that were
developed in the sixties (60's), seventies (70's) and eighties (80's). There has been a lot of interest
in this area over the last couple years (i.e., Mango Caf6 site or the Irish Corridor as well as
Mulligan's Project). People will start to see and perceive this area in a different way and see it as
vulnerable areas that they may want to look at redevelopment.
Tim Corcoran continues with we had conversations with people regarding the campus court project
which initially was going to be tied into the Turtle Creek project but is not now. It does show that
there is potential for people to purchase the site. There isn't an active development project that we
know of for this site. I want to bring these ideas before Council. The commercial strip at the
corner of Venice and South Bend Ave, the landowners have started to get interest in what they
might be able to do with their property long term. This is about getting ahead of some of those
projects. The Salvation Army, an older building, is coming to the end of its life span. The
Ironwood circle commercial development has a lot of older buildings in it. Places like this, if you
put a few properties together, you can start to see them becoming development sites. There is a
large area of large lot single family housing. These are some of the properties that are over two
acres. Put two or three of these together, you could potentially put together a multifamily
apartment complex. This area could have a lot of potential for redevelopment. Together the orange
and gray areas start to represent the lot of what could happen over time. The areas that we haven't
covered still has interest along State Road 23. There is a lot of interest in this part of the city.
Tim Corcoran continues that each TIF district is a development plan. You have received the
existing River East TIF development plan. With this adjustment, we will be AMENDING the
River East Development plan in a few important ways. In 2019 we did a comprehensive update
to every TIF district in the city. We redid every development plan, we adjusted the TIF boundaries
in most of the TIFS in South Bend. Today we're asking for a very minor adjustment to the River
East. The TIF development plan is part of the update process. We will be updating the boundary,
the legal description that defines that boundary and the property acquisition list that is associated
with the existing development plan. We are in the process of doing a fiscal impact analysis that is
being prepared by Baker Tilly. An issue for landowners that come up is why are their parcels or
their properties is being added to the acquisition list. Does this mean the city wants to buy my
property? The answer is no. We do not want to buy your property. Being on the acquisition list
allows the city to negotiate with property owners in ways that make it easier for the both the city
and the property to come to an agreement about the price of property. If there is a city project that
may be required, something that might be like a streetscape project, a park project, a basically a
public good type of project, and this allows the redevelopment Commission to negotiate in more
of a market rate way. Otherwise, we are bound by the average of two appraisals for a property,
that oftentimes comes in below what people think their properties valued at. It allows wiggle room
in that negotiant space.
Tim Corcoran continues we intend to do our two public meetings again to engage those fifty-three
(53) property owners. We have two meetings set for May 17`h and May 19`h. We can answer
questions about taxes, land acquisition and any other TIF related questions. We talk about what
TIF is and how TIF is generated what is means for their property. We will do the public
engagement in the weeks prior to the final vote at the Redevelopment Commission which would
adopt the adjusted area and TIF development plans. To date, the Redevelopment Commission has
recommended favorably for the declaratory resolution and the planned commission on the 18th.
The public hearing notice will be published, these dates are subject to change. We are trying to
head off the questions before the redevelopment commission meeting. We had the public
information sessions even further ahead before. The time difference between the public
information sessions and the redevelopment commission led to some confusion. We think this will
allow people to be able to ask questions prior to the Redevelopment Commission and allow us to
make sure that the meeting runs smoothly. We also have Emma from Baker Tilly who also may
be able to answer some of your questions regarding the overlapping taxing districts and impacts.
11
REGULAR MEETING April 25, 2022
Councilmember Hamann inquires about the fifty-three (53) unique properties owners; how many
are residentials?
Tim Corcoran responds very few.
Councilmember Hamann asks if there is potential for property taxes to have people leave their
homes.
Tim Corcoran responds with being in the TIFF district does not affect one's taxes. The
development that comes is what may change the tax value. The developments are happening now
without any assistance from the city or being within TIFF. The reason we are doing this is to
capture that value so that we can use that incremental revenue to help with projects that may be
associated with some of the developments that are happening anyway. Venice Street has a lot of
issues without a sidewalk or curb down parts of it. The intersection of South Bend Ave and Charles
St. is very wide, we want to narrow because The Irish Quarter Development plans on having a
restaurant and a cafe. The incremental revenue helps up look at the infrastructure improvements.
Add revenue to the entire River East TIFF area that we can use in other areas.
Councilmember Hamann asks who makes decisions as to how this TIFF money is spent?
Tim Corcoran responds, the Redevelopment Commission, part of the land use in place is what is
legally able to be done right now. Rezoning in the future. The area in orange has interest.
Adjusting the TIF allows us to capture the revenue to use in this area and rest of the River East
TIF area.
Councilmember Lee asks to explain what a tax increment financial district is for the public.
Tim Corcoran responds when a TIF is overlaid across the part of the city, when the new
development happens within the district, the incremental growth in taxes goes back to a fund. The
taxes that are happening right now continue to go to the other taxing agents like the county, the
school Corp, Transpo, and the library. When new development happens, the increment of taxes
that are above today gets captured in a fund to allow us to invest in public improvements. In this
case all the River East TIF district.
Councilmember Lee states, if we don't expand this and new development happens then we miss
out on the opportunity to receive the revenue. The people who benefited from this already are the
county, schools, library, Transpo. By us expanding, it is getting ahead of what's getting ready to
happen. If people develop in that area and the taxes go up, that money goes back to further
development in that area. If we don't do this now, we miss out on that opportunity of that
incremental income.
Tim Corcoran responds with we missed out on the newly generated tax revenue. We have used
that revenue again for local improvements like Howard Park that helps pay the bond off for
Howard Park. We have Site Park that will be starting construction towards the end of the year.
Streetscape projects is typically how we use the majority of our TIF funds.
Councilmember Lee states it is important for us to understand that because we get ahead of it, as
the redevelopment happens, we got the opportunity to capture that revenue to make the area better.
Councilmember Davis states the new dollar only stays in that area until the money in that Tiff
District sets. The money won't be shared with the rest of South Bend. We never miss out on the
opportunity for anything, we just actually double up the redevelopment of that area. When we talk
about Eddy Street Commons, and how the city invested close to three hundred million dollars in
infrastructure dollars, that money never returned to the taxpayers and the citizens of that area
stayed in that one area while the area continues to reproduce more dollars to redevelop more and
more to provide great services to that area. The taxpayers from the West side of the city that help
produce that is night and day. There is a disadvantage and there is also an advantage of a TIF
district. We need to be clear that TIF districts don't always pan out the way we desire them to do
because somebody must make the initial investment for that to happen. If you make the initial
investment for something to happen, you want something back. You don't get anything back from
that, it stays here.
12
REGULAR MEETING April 25, 2022
Tim Corcoran responds the investment that the city has made in Eddy St. Commons and the TIF
that is collected goes to pay back the bond that was issued for the parking garage. The development
does pay for the bond.
Councilmember Davis responds, the money stays there in the area. The money that was initially
invested was in 2008. After the bond is paid for based up when the sunset clause is; it continues
to stay there. We on the West Side or on the South Side or North Side do not get to share in the
development dollar that has happened over there on the east side. I'm not saying it's wrong or it's
right. I'm just explaining the TIF district.
Tim Corcoran responds, the River West TIF does cover much of the west side downtown. Every
new development in downtown contributes to the River West TIF.
President McBride opens the discussion up to the public wishing to speak in favor of resolution
Bill No. 22-19.
Clerk Jones states no one is wishing to speak in favor of Bill No. 222219.
President McBride calls for those in the virtual public wishing to speak in opposition of Resolution
Bill No. 22-19.
Clerk Jones states, no one in the virtual public is wishing to speak in opposition Resolution Bill
No. 22-19.
President McBride states public portion is closed. Calls for final comments from council.
Entertains the motion for Bill No. 22-19.
Councilmember Tomas -Morgan made a motion for passage for Bill No. 222219.
Councilmember Davis seconded the motion.
Clerk Jones roll calls with eight (8) ayes.
President McBride states Bill No. 222219 has been adopted.
BILLS ON FIRST READING
BILL NO.
15-22 FIRST 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 FOUR AND FIVE OF
FUERBRINGER'S FIRST EDITION
McBride responds to entertain a motion to send Bill No. 151522 to the Public Works and Property
Vacation with public hearing and third reading on May 9t'.
Councilmember White, Motions.
Councilmember Lee, Seconded.
McBride responds with no opposition; motion carried.
19-22 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF THE
SOUTH BEND, INDIANA, AMENDING THE
ZONING ORDINANCE FOR PROPERTY
LOCATED AT THE NORTHWEST CORNER OF
CORBY BLVD. AND HICKORY RD,
COUNCILMANIC DISTRICT 44 IN THE CITY
OF SOUTH BEND, IN.
13
REGULAR MEETING April 25, 2022
McBride entertains a motion to send Bill No. 191922 to the Planning Commission on May 16 and
to Zoning and public hearing and third reading for May 23d.
Councilmember Hamann, Motions.
Vice President Niezgodski, Seconded.
President McBride responds with no opposition, motions carried.
20-22 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF THE
SOUTH BEND, INDIANA, SUPPLEMENTING
AND AMENDING ORDINANCE #9722-06,
ORDINANCE #9968-09 AND ORDINANCE
#10142-11 PERTAINING TO THE CITY OF
SOUTH BEND, IN VARIABLE RATE
ECONOMIC DEVELOPMENT REVENUE
BONDS SERIES 2007 PIE 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 McBride entertains a motion to send Bill No. 20-22 to Personnel and Finance for May
9th.
Councilmember Tomas -Morgan Motions.
Councilmember Hamann Seconded.
President McBride responds with no opposition, motions carried.
UNFINISHED BUSINESS
Councilmember Hamann responds with a brief follow-up question in regard to the affordable
housing meeting under Residential Neighborhoods. I've been in conversation with the County
Auditors regarding tax sale concerns. There was a limited ordinance passed down state which
only allows Marion County to give priority to local bidders for property purchasing. No other
county in the state is allowed to make such restrictions. The option would be for us to find a way
to convince the powers that be in the county to take tax sales offline. That's going to require
getting the approval of the Treasurer, the Council and the Commissioners.
Councilmember Hamann requests an update under the Education Committee through the South
Bend Community Schools and the Common Council; the resolution was passed a long time ago.
Also requests an update on the selection of the Citizen Review Board members.
President McBride states I will make sure Councilmember Warner gets the requests for the school
board education. He is sending out an email about the update on the CRB. I concluded the first
round of interviews last week and the clerk's office is finishing up putting all the demographics
together. We will have an executive session in the public comments according to the timeline. We
will have a public meeting about the demographics outline in the ordinance.
NEW BUSINESS
President McBride opens for new business
14
REGULAR MEETING April 25, 2022
Councilmember Tomas -Morgan states that on Wednesday, April 271h at 5:30, we will be holding
the meeting of the Community Investment Committee. They will be providing a briefing of their
DCI's 2021 annual report as well as share updates and highlights from DCI's pandemic recovery
efforts and finally talk briefly about the department's leadership transition. On Thursday, April
28`h at 5:OOpm will be having an information technology committee meeting with an update on
cyber security training and measures along with an update on the open Wi-Fi public nominations
and selection criteria. The department is interested in hearing committee and council feedback on
the criteria and next steps for open Wi-Fi.
President McBride states reminder of the Mayor State of the City tomorrow at 6:00 at the main
library downtown.
Councilmember Davis states that he went to Cultivate Food Rescue, great facility and great
services and needed given the amount of poverty in the city. I got an invitation to volunteer at
some point along with the council. This will be a great exercise. Much of the food go to
surrounding areas. It is a necessary job. They do a lot of volunteer hours. Name is Shelly Al Wine
if anyone is interested in volunteering.
Councilmember Davis continues, the resolution on the Housing Authority, Dr. Lamberg stated that
the property is being worked on by McCormick and Barren. There is no record of a contract
between the Housing Authority and the developers which was said to be doing redevelopment
efforts for the property on Western Ave.
President McBride ask Parliamentarian if discussion can still happen over the Housing Authority
since it was talked about as a bill earlier.
Bill Palmer states it is not unfinished, it is finished business. It is furthering discussion.
PRIVILEGE OF THE FLOOR
President McBride requests to the privilege of the floor.
Clerk Jones states, Jordan Giger state your name and address.
Jordan Giger 424 S. Michigan St. unit 660 South Bend, Indiana. I attended the Residential
Neighborhood Committee meeting and hoping to get more feedback from the questions that
community members had submitted at some point.
President McBride states, I will follow up with Chair White.
ADJOURNMENT
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