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HomeMy WebLinkAbout04-24-2023 Common Council Minutes 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: 04-24-2023 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: TROY WARNER SHERR L EN-SIMP ON APPROVED BY THE COMMON COUNCIL ON: 02-12-24 ATTEST: BIANCA L. TIRADO, Y CLERK REGULAR MEETING April 24, 2023 Be it remembered that the Common Council of the City of South Bend, Indiana met in-person in the Council Chambers of the County-City Building and via Microsoft Teams app on Monday, April 24, 2023, at 7:00 PM. The meeting was called to order by Council President Sharon L McBride, and the Invocation was given by Spencer Davis a guest Pastor of Christian Center Church. 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. If you would like to be called on during the meeting for public input, again please insert your [FULL NAME] and [ADDRESS], in the chat and you will be called on during the relevant time for public input. You will be given five minutes to speak. For citizens that wish to speak during privilege of the floor, please insert the following [FULL NAME] and [ADDRESS], into the chat during that time and the Council President will call on you.You will be given three minutes to speak. Please be sure to unmute yourself prior to giving your remarks. Full audio dialogue of the update is available upon request from the City Clerk's Office. Please note the attached link for the meeting: http://does.southhendin.gov/WebLink/Browse.aspx?startid=328884&row=1&dbid=0 INVOCATION Pastor Spencer Davis Christian Center Church PLEDGE OF ALLEGIANCE ROLL CALL COUNCIL MEMBERS PRESENT: Canneth Lee 1st District, Committee of the Whole Henry Davis Jr. 2nd District Troy Warner 4th District Eli Wax 5th District Sheila Niezgodski 6th District, Vice-President Rachel Tomas Morgan At-Large Lori K. Hamann At-Large Karen L. White At-Large COUNCIL MEMBERS ABSENT: Sharon McBride 3rd District, President OTHERS PRESENT: Dawn M. Jones City Clerk Victoria Trujillo Chief Deputy Clerk Kenneth Hardy Deputy Clerk Bob Palmer Council Attorney REPORT FROM SUB-COMMITTEE ON MINUTES There was no report from the sub-committee on minutes. SPECIAL BUSINESS 23-20 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, PUBLICLY REGULAR MEETING April 24,2023 ACKNOWLEDGING AND HONORING JOHN ADAMS'HIGH SCHOOL SENIOR ANGEL THOMAS FOR HER SUCCESS IN THE 2023 GIRLS STATE INDOOR TRACK MEET Councilmember Henry Davis thanked the council for supporting this resolution. He presented the resolution to Angel Thomas and family.Angel also thanked the council for this recognition. The council members thanked Councilmember Henry Davis for acknowledging Angel for her hard work. Council members wished her the best and great success and congratulated her on her accomplishments. REPORTS FROM CITY OFFICES There was no report from city offices. RESOLVE INTO COMMITTEE OF THE WHOLE Councilmember Karen White made a motion to resolve into the Committee of the Whole. Council Vice President Sheila Niezgodski seconded the motion. The motion Passed by a vote of eight(8) ayes. Councilmember Canneth Lee, Chairperson, presiding. Councilmember Canneth Lee—Aye Councilmember Troy Warner—Aye Councilmember Karen White—Aye Councilmember Eli Wax-Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Lori Hamann—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Henry Davis, Jr. —Aye Councilmember Canneth Lee explained the procedures for the meeting per Article 1, Section 2- 11 of the South Bend Municipal Code. COMMITTEE OF THE WHOLE/PUBLIC HEARINGS BILL NO. 11-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION FOR A SPECIAL EXCEPTION FOR THE PROPERTY LOCATED AT 2621 MISHAWAKA AVE SOUTH BEND, IN 46615 COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Per Councilmember Canneth Lee, Bill No. 11-23 has been tabled to May 8th, 2023. 14-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION Per Councilmember Canneth Lee, Bill No. 14-23 has been tabled indefinitely. 16-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON REGULAR MEETING April 24, 2023 COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 616, 618 SHERMAN AVE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Lori Hamann stated that Bill No. 16-23 was heard in the Zoning and Annexation Committee and comes to the Committee of the Whole with a favorable recommendation. Presenter, Rachel Boyles, Zoning Specialist, offices located in the Zoning Office located on the 13th floor of the County City Building. This is a vacant lot on 616 & 618 Sherman Ave and is requesting rezoning from U2 to U3. This will be the first(1st) six (6)plex in the city and no more than six (6) units will be on the property. Councilmember Eli Wax made a motion to send Bill No. 16-23 to the full council with a favorable recommendation. Councilmember Lori Hamann seconded the motion.The motion Passed by a vote of eight(8) ayes. Councilmember Canneth Lee—Aye Councilmember Troy Warner—Aye Councilmember Karen White—Aye Councilmember Eli Wax-Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Lori Hamann—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Henry Davis, Jr. —Aye 20-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY RESCINDING AND REPLACING ARTICLE 14 TITLED RENTAL SAFETY VERIFICATION PROGRAM Councilmember Canneth Lee made a motion to accept the second (2nd) substitute bill. Councilmember Karen White seconded the motion. The motion Passed by a vote of eight (8) ayes. Councilmember Canneth Lee—Aye Councilmember Troy Warner—Aye Councilmember Karen White—Aye Councilmember Eli Wax-Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Lori Hamann—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Henry Davis, Jr. —Aye Councilmember Eli Wax stated that Bill No. 20-23 was heard in the Health and Public Safety Committee and comes to the Committee of the Whole with a favorable recommendation. Presenters, Liz Miradek, Director of Health and Housing, and Council Vice-President Sheila Niezgodski stated this is a substitute bill. This bill was established in 2019 and was halted due to COVID. The original ordinance stated that it was supposed to be reviewed in one year. This is clarifying the language for a better understanding and the ease of use; clearer definitions of the process to ensure that it matches the implementation including the compliance with state law; and to improving the definitions of RSVP, and the revision of the cities organizational structure of RSVP. Council members thanked Council Vice-President Sheila Niezgodski for assisting with this statute. Councilmember Henry Davis made a motion to send substitute Bill No. 20-23 to the full council with a favorable recommendation. Councilmember Rachel Tomas Morgan seconded the motion. The motion Passed by a vote of eight(8) ayes. Councilmember Canneth Lee—Aye Councilmember Troy Warner—Aye REGULAR MEETING April 24,2023 Councilmember Karen White—Aye Councilmember Eli Wax-Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Lori Hamann—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Henry Davis, Jr. —Aye RISE AND REPORT Councilmember Canneth Lee entertained a motion to Rise from the Committee of the Whole and Report back to the full council. Councilmember Eli Wax made a motion to rise and report back to the full council. Councilmember Henry Davis Jr. seconded the motion. The motion Passed. Councilmember Canneth Lee—Aye Councilmember Troy Warner—Aye Councilmember Karen White—Aye Councilmember Eli Wax-Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Lori Hamann—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Henry Davis, Jr. —Aye REGULAR MEETING RECONVENED BILLS ON THIRD READING BILL NO. 03-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA,CERTAIN LAND LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 1, FOR THE SOUTHEAST CORNER OF NIMTZ PARKWAY AND OLIVE ROAD, SOUTH BEND, INDIANA—(THIRD READING ONLY) Councilmember Canneth Lee indicated that Bill No. 03-23 comes to the full council with a favorable recommendation from the Committee of the Whole. Councilmember Troy Warner made a motion to adopt Bill No. 03-23. Councilmember Canneth Lee seconded the motion. The motion Passed by a vote of eight(8) ayes. Councilmember Canneth Lee—Aye Councilmember Troy Warner—Aye Councilmember Karen White—Aye Councilmember Eli Wax-Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Lori Hamann—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Henry Davis, Jr. —Aye 11-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1306, 1330 HIGH ST. AND 909 E BROADWAY ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND Bill No. 11-23 was tabled indefinitely. REGULAR MEETING April 24, 2023 14-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION Bill No. 14-23 was tabled indefinitely. 16-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 616, 618 SHERMAN AVE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Canneth Lee indicated that Bill No. 16-23 comes from the full council with a favorable recommendation from the Committee of the Whole. Councilmember Lori Hamann made a motion to adopt Bill No. 16-23. Councilmember Canneth Lee seconded the motion. The motion Passed by a vote of eight (8) ayes. Councilmember Canneth Lee—Aye Councilmember Troy Warner—Aye Councilmember Karen White—Aye Councilmember Eli Wax-Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Lori Hamann—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Henry Davis, Jr. —Aye 20-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY RESCINDING AND REPLACING ARTICLE 14 TITLED RENTAL SAFETY VERIFICATION PROGRAM Councilmember Canneth Lee indicated that Bill No. 20-23 comes from the full council with a favorable recommendation from the Committee of the Whole. Councilmember Rachel Tomas Morgan made a motion to adopt Bill No. 20-23. Councilmember Canneth Lee seconded the motion. The motion Passed by a vote of eight(8) ayes. Councilmember Canneth Lee—Aye Councilmember Troy Warner—Aye Councilmember Karen White—Aye Councilmember Eli Wax-Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Lori Hamann—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Henry Davis, Jr. —Aye RESOLUTIONS BILL NO. 23-19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 724 HARRISON AVENUE, SOUTH BEND, IN 46616 AND 726 HARRISON AVENUE, SOUTH BEND, IN 46616 AS A REGULAR MEETING April 24, 2023 RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE- YEAR(5) RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CROSS COMMUNITY, INC. Councilmember Rachel Tomas Morgan stated that Bill No. 23-19 was heard in the Community Investment and comes to the full council with a favorable recommendation. Erik Glavich, Director of Growth and Opportunity, Community Investment, City of South Bend — 14th Floor presented on Bill No. 23-19. Mr. Glavich presented this bill. Cross Community, INC will build two (2) new two (2) story homes located on Harrison Street. The lots are currently vacant, and the total investment is $440,000. The homeowners will be the beneficiaries for these properties. The homeowners will go through classes to learn about homeownership. Councilmember Karen White made a motion to adopt Bill No. 23-19. Councilmember Rachel Tomas Morgan seconded the motion. The motion Passed by a vote of eight(8) ayes. Motion adopted. Councilmember Canneth Lee—Aye Councilmember Troy Warner—Aye Councilmember Karen White—Aye Councilmember Eli Wax-Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Lori Hamann—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Henry Davis, Jr. —Aye BILLS OF FIRST READING BILL NO. 21-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1301 AND 1305 ELWOOD AVE. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Vice President Sheila Niezgodski made a motion to send Bill No. 21-23 to the South Bend Plan Commission on May 15, 2023, and to the Zoning&Annexation Committee for Public Hearing and Third (3rd) Reading on May 22, 2023. Councilmember Lori Hamann seconded the motion. The motion Passed by a vote of eight(8) ayes. 22-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH-SOUTH ALLEY LYING WEST OF EDDY STREET, BOUNDED ON THE SOUTH BY THE NORTH RIGHT OF WAY LINE OF QUIMBY STREET AND BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF THE FIRST EAST-WEST ALLEY LYING NORTH OF QUIMBY STREET, BEING APPROXIMATELY 99.99 LINEAL FEET Councilmember Lori Hamann made a motion to send Bill No. 22-23 to Public Works and Property Vacations for Public Hearing and Third(3rd) Reading on May 22, 2023. Councilmember Canneth Lee seconded the motion. The motion Passed by a vote of eight(8) ayes. Motion passed. UNFINISHED BUSINESS REGULAR MEETING April 24, 2023 Councilmember Henry Davis Jr., inquired about the MLK Dream Center. Councilmember Canneth Lee stated that they will hear more on May 8th, 2023. He also inquired about the housing and Code Enforcement, as we suffered a loss about the eleven(11)year-old who passed away due to violence. The neighbors in that are says the house in that area has been a target, and there have been multiple shootings at that residence. Vice President Sheila Niezgodski will talk to President Sharon McBride as this is an important issue. Councilmember Lori Hamann mentions how important the Weather Amnesty is with the upcoming weather conditions. She wants to find a way to fund a year-round amnesty program. NEW BUSINESS THE NEXT COUNCIL COMMITTEE MEETING IS TENTATIVELY SCHEDULED FOR MAY 8, 2023,AT 3:30 PM WITH THE NEXT REGULAR COUNCIL MEETING IS MAY 8, 2023 AT 7:00 PM PRIVILEGE OF THE FLOOR Sharon Banicki, 3822 Ford Street, South Bend, IN 46619 wanted to discuss her neighborhood problems. The continuous shootings in her area. Her neighborhood is suffering for these crimes. The number of officers needs to increase to aid in protecting her neighborhood. They can't prove who is doing the shooting to the police, but an officer went and talked to every resident to help them feel safe. She also talked about the missing streetlight on Chicago St, her street was overlooked for the additional light, and the officers also noted the dark street. Sue Kesim, 4022 Kennedy Drive, South Bend, IN 46614. She mentioned the police review board, and to look and both sides to fully understand. There is a 6-month waiting list for those who are on drugs, but they need help. There was no further input from the public during privilege of the floor. Joe Bognar, 807 W. Washington Street, South Bend, IN 46601. Thanked Clerk Jones for giving information. 133 Cherry St and numerous other addresses for the urgency of need. ADJOURNMENT There being no further business to come before the Council, President Sharon L. McBride adjourned the meeting at 9:15 p.m.