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Home My WebLink About11-14-2022 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: 11-14-2022 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: TROY WARNER SHERR LDEN-SIMPSON APPROVED BY THE COMMON COUNCIL ON: 02-12-24 ATTEST: BIANCA L. TIRADO, I CLERK REGULAR MEETING November 14, 2022 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. A 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/Rowl.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 lst 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 None. 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. 1 REGULAR MEETING November 14, 2022 22-55 A SPECIAL RESOLUTION OF THE SOUTH BEND COMMON COUNCIL, 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 David Finley, Director of Business analytics for the City of South Bend gave an overview and report of recent City Resident Survey. RESOLVE INTO THE COMMITTEE OF THE WHOLE Councilmember Eli Wax made a motion to resolve it 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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 Rachel Boyles, Zoning Specialist gave a presentation on the bill requesting a special exception to allow for automotive repairs. No one from the public spoke in favor or against the special exception. It was announced that the bill had previously received a favorable recommendation in committee. 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. 2 REGULAR MEETING November 14, 2022 President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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— NORTH-SOUTH ALLEY STARTING FROM HILL ST TO FIRST EAST-WEST ALLEY BETWEEN CORBY AND KALORAMA (SUBSTITUTE) Councilmember Troy Warner made a motion to accept Substitute Bill No. 62-22 as amended, which was seconded by Councilmember Rachel Tomas Morgan. The motion was carried out by a vote of seven (7) ayes. The bill petitioner presented the bill which would vacate an unused portion of alleyway. It was announced that the bill received a favorable recommendation in committee hearing. Councilmember Warner made a motion to send the substitute bill forward to the whole Council with a favorable recommendation with amendments correcting parcel information. Motion was seconded by Sheila Neizgodski and carried with a vote of seven (7) ayes and zero (0) nayes. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 3 REGULAR MEETING November 14, 2022 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 Caleb Bauer, Director of Community Investment gave a presentation on the bill to approve a$2.7 million loan agreement initiated by the Redevelopment Commission for the Indiana Dinosaur Museum and South Bend Chocolate Factory. Public comment was made on the bill. 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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 City Controller Dan Paker presented the bill to move a position within the Clerk's office to Financial Department. 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye RISE AND REPORT 4 REGULAR MEETING November 14, 2022 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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— NORTH-SOUTH ALLEY STARTING FROM HILL ST TO FIRST EAST-WEST 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye 5 REGULAR MEETING November 14, 2022 Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye RESOLUTIONS 6 REGULAR MEETING November 14, 2022 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 It was announced that the bill received a favorable recommendation in committee that afternoon. Clerk's office presented the bill regarding scrap metal licenses. There were no questions by Council and no comments by the public. 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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 Erik Glavich, Director of Growth and Opportunity in the Department of Community Investment presented the designating resolution for a tax abatement for a$27 million renovation of old medical facility building to a multi-family apartment building, including 20% of units with HUD low income based rents. Public comment was opened up and closed. 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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 7 REGULAR MEETING November 14, 2022 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 7 1-22 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 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. President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Eli Wax—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 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 8 REGULAR MEETING November 14 2022 MUNICIPAL CODE ADDRESSING SIX COUNCILMANIC DISTRICTS Councilmember Troy Warner made a motion to send Bill No. 72-22 to the Rules Co November ,28 2022, for public heading and third reading. The motion was seco ded y Councilmember Lori Hamann and carried out by a vote of seven (7) ayes. ded by President Sharon McBride—Aye Councilmember Lori K. Hamann—Aye Councilmember Troy Warner—Aye Councilmember Rachel Tomas M Councilmember Eli Wax—Aye organ—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Karen L. White—Aye 1111111111111111111111111111111111 UNFINISHED BUSINESS Council President Sharon McBride stated the council will be receiving information regarding the Citizen Review Board 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 14`"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. 9