HomeMy WebLinkAbout11-14-2022 Common Council Meeting Minutes (DRAFT)REGULAR MEETING November 14, 2022
1
Be it remembered that the Common Council of the City of South Bend, Indiana, met in person and
via the Microsoft Teams app on Monday, November 14, 2022, at 7:00 p.m. Council President
Sharon L. McBride called the meeting to order. Minister Kenneth Hardy of St. Paul Bethel Baptist
Missionary Church gave the invocation.
Deputy City Clerk Victoria Trujillo 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 recording:
https://docs.southbendin.gov/WebLink/0/fol/349067/Row1.aspx
ROLL CALL
COUNCIL MEMBERS PRESENT:
Sharon L. McBride 3rd District, President
Troy Warner 4th District
Eli Wax 5th District
Sheila Niezgodski 6th District, Vice-President
Karen L. White At-Large
Lori K. Hamann At-Large
Rachel Tomas Morgan At-Large
COUNCIL MEMBERS ABSENT:
Canneth Lee 1st District, Committee of the Whole
Henry Davis Jr. 2nd District
OTHERS PRESENT:
Victoria Trujillo Chief Deputy Clerk
Kenneth Hardy Deputy Director of Policy
Justin LePla Director of Special Projects
Bob Palmer Council Attorney
SUBCOMMITTEE MINUTES
None
SPECIAL BUSINESS
22-54 A SPECIAL RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, COMMEMORATING NOVEMBER
19, 2022, AS WOMEN’S ENTREPRENEURSHIP
DAY IN SOUTH BEND, INDIANA, AND
CELEBRATING WOMEN ENTREPRENEURS
WHO PLAY A VITAL ROLE IN
STRENGTHENING SOUTH BEND’S ECONOMY
Bill No. 22-54 was presented by Councilmember Rachel Tomas Morgan and Council Vice-
President Sheila Niezgodski.
22-55 A SPECIAL RESOLUTION OF THE SOUTH
BEND COMMON COUNCIL,
REGULAR MEETING November 14, 2022
2
COMMEMORATING VETERANS DAY 2022
AND HONORING ALL VETERANS
Bill No. 22-55 was presented by Council President Sharon McBride and Council Vice-President
Sheila Niezgodski.
22-56 A SPECIAL RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA COMMEMORATING OVER FIVE
YEARS OF SMOKE-FREE ESTABLISHMENTS
THROUGH THE PASSAGE OF SOUTH BEND’S
CLEAN AIR ORDINANCE
Bill No. 22-56 was presented by Councilmember Rachel Tomas Morgan and Councilmember
Karen White.
REPORTS FROM CITY OFFICES
RESULTS OF COMMUNITY SURVEY – DAVID FINLEY, DEPARTMENT OF
INFORMATION AND TECHNOLOGY
RESOLVE INTO THE COMMITTEE OF THE WHOLE
Councilmember Eli wax made a motion to resolve into the committee of the whole, which was
seconded by Councilmember Troy Warner. The motion was carried out by a vote of seven (7)
ayes.
PUBLIC HEARINGS
BILL NO.
32-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING A
PETITION OF THE ADVISORY BOARD OF
ZONING APPEALS FOR THE PROPERTY
LOCATED AT 316 N. OLIVE ST.
COUNCILMANIC DISTRICT NO. 2 IN THE CITY
OF SOUTH BEND, INDIANA
Councilmember Troy Warner made a motion to send Bill No. 32-22 to the full council with a
favorable recommendation, which was seconded by Councilmember Karen White. The motion
was carried out by a vote of seven (7) ayes.
52-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, THE SOUTHEAST
HALF, 120 FEET, OF THE ALLEY EXTENDING
BETWEEN GOOD PLACE AND BLYLER PLACE
ROUGHLY PARALLEL TO RIVERSIDE DRIVE
IN THE CITY OF SOUTH BEND AREA
COMMONLY KNOWN AS THE KELLER PARK
NEIGHBORHOOD.
Bill No. 52-22 has been tabled until December 12, 2022.
62-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ALLEY VACATION –
N-S ALLEY STARTING FROM HILL ST TO
FIRST E-W ALLEY BETWEEN CORBY AND
KALORAMA (SUBSTITUTE)
REGULAR MEETING November 14, 2022
3
Councilmember Troy Warner made a motion to accept Substitute Bill No. 62-22, which was
seconded by Councilmember Rachel Tomas Morgan. The motion was carried out by a vote of
seven (7) ayes.
Councilmember Troy Warner made a motion to send Substitute Bill No. 62-22 to the full council
with a favorable recommendation, contingent on the parcel numbers being included. The motion
was seconded by Councilmember Rachel Tomas Morgan and was carried out by a vote of seven
(7) ayes.
67-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AUTHORIZING THE
CITY OF SOUTH BEND, INDIANA TO FUND
ITS “TAXABLE ECONOMIC DEVELOPMENT
REVENUE NOTE, SERIES 2022 (SOUTH BEND
CHOCOLATE DESTINATION PROJECT)” AND
APPROVING AND AUTHORIZING OTHER
ACTIONS IN RESPECT THERETO
Councilmember Troy Warner made a motion to send Bill No. 67-22 to the full council with a
favorable recommendation, which was seconded by Councilmember Rachel Tomas Morgan. The
motion was carried out by a vote of seven (7) ayes.
68-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 2, ARTICLE 19 OF THE SOUTH
BEND MUNICIPAL CODE TO APPOINT THE
CITY CONTROLLER AS ORDINANCE
VIOLATIONS CLERK AND TO MAKE OTHER
ASSOCIATED MUNICIPAL CODE
AMENDMENTS
Councilmember Eli Wax made a motion to send Bill No. 68-22 to the full council with a favorable
recommendation, which was seconded by Councilmember Troy Warner. The motion was carried
out by a vote of seven (7) ayes.
32-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING A
PETITION OF THE ADVISORY BOARD OF
ZONING APPEALS FOR THE PROPERTY
LOCATED AT 316 N. OLIVE ST.
COUNCILMANIC DISTRICT NO. 2 IN THE CITY
OF SOUTH BEND, INDIANA
RISE AND REPORT
Councilmember Eli Wax made a motion to rise from the Committee of the Whole and report back
to the full council, which was seconded by Councilmember Troy Warner. The motion was carried
out by a vote of seven (7) ayes.
REGULAR MEETING RECONVENED
BILLS ON THE THIRD READING
BILL NO.
32-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING A
REGULAR MEETING November 14, 2022
4
PETITION OF THE ADVISORY BOARD OF
ZONING APPEALS FOR THE PROPERTY
LOCATED AT 316 N. OLIVE ST.
COUNCILMANIC DISTRICT NO. 2 IN THE CITY
OF SOUTH BEND, INDIANA
Councilmember Sheila Niezgodski made a motion to adopt Bill No. 32-22, which was seconded
by Councilmember Troy Warner. The motion was carried out by a vote of seven (7) ayes.
52-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, THE SOUTHEAST
HALF, 120 FEET, OF THE ALLEY EXTENDING
BETWEEN GOOD PLACE AND BLYLER PLACE
ROUGHLY PARALLEL TO RIVERSIDE DRIVE
IN THE CITY OF SOUTH BEND AREA
COMMONLY KNOWN AS THE KELLER PARK
NEIGHBORHOOD.
Bill No. 52-22 has been tabled until December 12, 2022.
62-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ALLEY VACATION –
N-S ALLEY STARTING FROM HILL ST TO
FIRST E-W ALLEY BETWEEN CORBY AND
KALORAMA (SUBSTITUTE)
Councilmember Karen White made a motion to accept Substitute Bill No. 62-22, which was
seconded by Councilmember Troy Warner. The motion was carried out by a vote of seven (7)
ayes.
Councilmember Troy Warner made a motion to adopt Substitute Bill No. 62-22, which was
seconded by Councilmember Sheila Niezgodski and was carried out by a vote of seven (7) ayes.
67-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AUTHORIZING THE
CITY OF SOUTH BEND, INDIANA TO FUND
ITS “TAXABLE ECONOMIC DEVELOPMENT
REVENUE NOTE, SERIES 2022 (SOUTH BEND
CHOCOLATE DESTINATION PROJECT)” AND
APPROVING AND AUTHORIZING OTHER
ACTIONS IN RESPECT THERETO
Councilmember Rachel Tomas Morgan made a motion to adopt Bill No. 67-22, which was
seconded by Councilmember Sheila Niezgodski. The motion was carried out by a vote of seven
(7) ayes.
68-22 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 2, ARTICLE 19 OF THE SOUTH
BEND MUNICIPAL CODE TO APPOINT THE
CITY CONTROLLER AS ORDINANCE
VIOLATIONS CLERK AND TO MAKE OTHER
ASSOCIATED MUNICIPAL CODE
AMENDMENTS
Councilmember Eli Wax made a motion to adopt Bill No. 68-22, which was seconded by
Councilmember Troy Warner. The motion was carried out by a vote of seven (7) ayes.
REGULAR MEETING November 14, 2022
5
RESOLUTIONS
BILL NO.
22-53 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING THE ISSUANCE OF SCRAP
METAL / JUNK DEALERS / RECYCLING
OPERATION LICENSES FOR THE CALENDAR
YEAR 2022 PURSUANT TO SECTIONS 4-51 OF
THE SOUTH BEND MUNICIPAL CODE
Councilmember Karen White made a motion to adopt Bill No. 22-53, which was seconded by
Councilmember Lori Hamann. The motion was carried out by a vote of seven (7) ayes.
22-57 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 511 NORTH NOTRE
DAME AVENUE, SOUTH BEND, IN 46617 AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF AN EIGHT (8) YEAR REAL
PROPERTY TAX ABATEMENT FOR ND QOZB
LLC
Councilmember Rachel Tomas Morgan made a motion to adopt Bill No. 22-57, which was
seconded by Councilmember Troy Warner. The motion was carried out by a vote of seven (7)
ayes.
BILLS ON FIRST READING
BILL NO.
69-22 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF
THE ADVISORY BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 1405
PORTAGE AVE. COUNCILMANIC DISTRICT
NO. 1 IN THE CITY OF SOUTH BEND, INDIANA
Councilmember Lori Hamann made a motion to send Bill No. 69-22 to the Board of Zoning
Appeals on December 5, 2022, and to the Zoning and Annexation Committee for public heading
and third reading on December 12, 2022. The motion was seconded by Councilmember Eli Wax
and carried out by a vote of seven (7) ayes.
70-22 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF
THE ADVISORY BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 3409 S ST
JOSEPH ST. COUNCILMANIC DISTRICT NO. 6
IN THE CITY OF SOUTH BEND, INDIANA
Councilmember Lori Hamann made a motion to send Bill No. 70-22 to the Board of Zoning
Appeals on December 5, 2022, and to the Zoning and Annexation Committee for public heading
and third reading on December 12, 2022. The motion was seconded by Councilmember Troy
Warner and carried out by a vote of seven (7) ayes.
71-22 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF
REGULAR MEETING November 14, 2022
6
THE ADVISORY BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 1502
MIAMI ST. COUNCILMANIC DISTRICT NO. 3
IN THE CITY OF SOUTH BEND, INDIANA
Councilmember Troy Warner made a motion to send Bill No. 71-22 to the Board of Zoning
Appeals on December 5, 2022, and to the Zoning and Annexation Committee for public heading
and third reading on December 12, 2022. The motion was seconded by Councilmember Rachel
Tomas Morgan and carried out by a vote of seven (7) ayes.
72-22 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 1,
SECTION 1 - 4 OF THE SOUTH BEND
MUNICIPAL CODE ADDRESSING SIX
COUNCILMANIC DISTRICTS
Councilmember Troy Warner made a motion to send Bill No. 72-22 to the Rules Committee on
November 28, 2022, for public heading and third reading. The motion was seconded by
Councilmember Lori Hamann and carried out by a vote of seven (7) ayes.
UNFINISHED BUSINESS
Council President Sharon McBride stated the council will be receiving information regarding the
C.R.B. second interviews.
NEW BUSINESS
Council President Sharon McBride stated the Rules Committee will have a meeting and public
hearing regarding the redistricting on November 21, 2022, at 5:30 p.m. The meeting will be held
in the council chambers and will be open to the public. The last council meeting of the year will
be on December 12, 2022, and due to the Thanksgiving holiday, the filing day will be moved from
Wednesday, November 23, 2022, to Monday, November 21, 2022, by noon.
PRIVILEGE OF THE FLOOR
Caleb Bauer, Director of Community Investment with offices on the 14th floor of the County-City
Building, shared details regarding the “Coolest Thing Made In Indiana” tournament.
ADJOURNMENT
Council President Sharon McBride adjourned the meeting at 9:28 p.m.