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HomeMy WebLinkAbout01-22-2024 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: 01-22-2024 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: TR Y ER SHERR BOLDEN-SIMPSO APPROVED BY THE COMMON COUNCIL ON: 02-12-24 ATTEST: BIAN A L. TIRADO, C CLERK REGULAR MEETING January 22, 2024 Be it remembered that the Common Council of the City of South Bend, Indiana, met in person on Monday, January 22, 2024, at 7:00 p.m. Council President Sharon McBride called the meeting to order. Dr. Oliver Davis gave the invocation. City Clerk Bianca L. Tirado 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. Please note the attached link for the meeting recording: https://docs.southbendin.gov/W ebLink/browse.aspx?dbid=0&mediaid=380287 ROLL CALL COUNCIL MEMBERS PRESENT: Canneth Lee 1 St District, Committee of the Whole Ophelia Gooden-Rodgers 2"d District Sharon L. McBride 3rd District, President Troy Warner 4th District Sherry Bolden-Simpson 5th District Sheila Niezgodski 6th District, Vice-President Dr. Oliver Davis At-Large Rachel Tomas Morgan At-Large Karen L. White At-Large • COUNCILMEMBERS ABSENT: OTHERS PRESENT: Bianca L. Tirado City Clerk Danica Kulemeka Chief Deputy Clerk Elivet Quijada-Navarro Deputy Director of Policy Victoria Stowell Director of Special Projects Bob Palmer Council Attorney SUBCOMMITTEE MINUTES JANUARY 8, 2024 President McBride requests reports from the sub-committee on minutes. Clerk Biana L. Tirado states that the subcommittee has inspected the January 8, 2024, Common Council Meeting minutes and recommended that the minutes be approved. Councilmember Dr. Oliver Davis states the motion to accept the report from the subcommittee for the January 8, 2024,minutes. Councilmember Troy Warner seconded the motion. President McBride reports the subcommittee minutes have been motioned and second. Motion carried. SPECIAL BUSINESS None. REPORTS FROM CITY OFFICES None. RESOLVE INTO THE COMMITTEE OF THE WHOLE REGULAR MEETING January 22, 2024 Councilmember Canneth Lee motioned to resolve into the committee of the whole, which was seconded by Councilmember Dr. Oliver Davis and carried by a vote of nine(9) ayes. PUBLIC HEARINGS BILL NO. 05-24 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF JEFFERSON BLVD BETWEEN NOTRE DAME AVENUE AND THE NORTH- SOUTH ALLEY TO THE EAST OF NOTRE DAME AVENUE Clerk Bianca L. Tirado read the bill to the council for its second reading. After the second reading, Councilmember Lee requested the committee report. Councilmember Sheila Niezgodski, chair of the Public Works and Property Vacation committee, stated that Bill No.05-24 came before the Public Works and Property Vacation committee this afternoon, January 22nd, 2024, and comes with a favorable recommendation. Councilmember Lee requests that the petitioner(s) state their name and address and share key points before the council. Angela Smith, 914 E. Jefferson Street, South Bend, Indiana 46617 presented Bill No. 05-24, the bill, which seeks to vacate an alley on the south side of their property between them and their neighbor Mr. Hodge Patel. The alley has been grass for its existence. The property, which was once a converted business,is being renovated into a single-family unit with exterior changes to the parking lot to a front lawn. The petitioner is requesting the alley vacate to build a small residence for their aging in-laws in the back of their home.To keep a safe distance from the primary structure and to create a handicap accessible residence for the in-law, the petitioner requests that the paper alley be vacated to allocate the distance needed for the setback to meet the zoning ordinance. Councilmember Lee responds with any questions from the council to the petitioner. Seeing none of the Councilmembers, Councilmember Lee moves to Public Comment (1st) first to those physically present and then requesting Clerk Tirado if there is any public comment online. Hodge Patel, 904 E. Jefferson Street, South Bend, Indiana 46617 spoke in favor of Bill No. 05-24, a next-door neighbor of Ms. Smith. He spoke of the improvements made to 914 E. Jefferson and the open conversation the neighbors had on this alley vacate. Clerk Tirado responds that there is no more public comment from individuals participating online. Councilmember Lee requests to see if anyone in the hearing wishes to speak in opposition to Bill No. 05-24. Clerk Tirado responds that there is no public comment from individuals online wishing to speak in opposition. Councilmember Lee closes public hearing and entertained a motion regarding Bill No. 05-24 Councilmember Sheila Niezgodski motioned to send Bill No. 05-24 to the full council with a favorable recommendation, which was seconded by Councilmember Dr. Oliver Davis and carried by a vote of nine(9) ayes. Council President Sharon McBride—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye 2 REGULAR MEETING January 22, 2024 RISE AND REPORT Councilmember Dr. Oliver Davis motioned to rise from the Committee of the Whole and report back to the full council, seconded by Councilmember Ophelia Gooden-Rodgers and carried by a vote of nine (9) ayes. REGULAR MEETING RECONVENED President McBride states the full council is now back in session.This portion 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 THE THIRD READING BILL NO. 05-24 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF JEFFERSON BLVD BETWEEN NOTRE DAME AVENUE AND THE NORTH- SOUTH ALLEY TO THE EAST OF NOTRE DAME AVENUE President McBride requests a recommendation from Councilmember Lee. Councilmember Lee responds, Bill No. 05-24 comes to the full council with a favorable recommendation. President McBride now entertains a motion to call for passage of Bill No. 05-24. Councilmember Sheila Niezgodski motioned for the passage of Bill No. 05-24, seconded by Councilmember Dr. Oliver Davis, and carried by a vote of nine(9) ayes. President Sharon McBride—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye RESOLUTIONS 24-03 A RESOLUTION MODIFYING AND RECONFIRMING THE ADOPTION OF DECLARATORY RESOLUTION NO. 4827-19 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 7102 LINCOLN WAY WEST, SOUTH BEND, IN 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX-YEAR (6) REAL PROPERTY TAX ABATEMENT FOR SBCC RE LLC AND SBCC DEVELOPMENT CORP Clerk Tirado read the resolution. Councilmember Troy Warner, chair of the Community Investment, stated that Resolution No. 24- 03 came before the Committee this afternoon, January 22nd, 2024, and comes with a favorable recommendation. Clerk Tirado read the resolution. President McBride requests that the petitioner state their name and address and share key points before the council. 3 REGULAR MEETING January 22, 2024 Erik Glavich, Director of Growth and Opportunity, 14th floor of the County-City Building presented this resolution, reconfirming a resolution made in 2019 for a Real Property Tax Abatement for the South Bend Chocolate Company and Indiana Dinosaur Museum. The resolution comes before the council again because the COVID-19 Pandemic caused delays and the project was not completed within the timeline of the original abatement. The project was started in the beginning of 2017 and the project is finally close to competition with the goal of being open by Spring 2024. In 2019, the estimate for private investment for the project was$6 million, to date the project has $17 million in private investment. With this resolution, the owner Mark Tamer will sign another memorandum of agreement to reconfirm the abatement matches his commitments due to the property being transferred from one South Bend Chocolate Company entities to another and that the land was replotted. Mark Tamer, 1502 E. LaSalle Avenue, South Bend, Indiana 46617, spoke of the delays due to landscaping, but believes that the Dinosaur Museum will bring in an excess of 100,000 visitors a year. He spoke of working with other developers in putting in hotels in the area and believes that the Museum will be a big boom to the Northeast corridor of South Bend. President McBride requests any questions to the petitioner from the council. Councilmember Dr. Davis asked how much private investment went into the Dinosaur Museum. Mr. Tamer responded roughly $17 million. Councilmember Warner asked about a job fair for the new facilities. Mr. Tamer said that they need employees desperately but have yet to pinpoint a date on the job fair but that it will be in the next thirty(30) days. Councilmember Lee asked Petitioner Tamer what his vision was to bring a Dinosaur Museum to South Bend. Mr. Tamer responded that his daughter was a big inspiration and in working with the Children Museum of Indianapolis but decided that he wanted to do it at home. President McBride opens to the public for anyone wishing to speak in favor of Resolution No. 24-03. Clerk Tirado responds that there is no one online wishing to speak in favor of the resolution. President McBride opens to the public for anyone wishing to speak against Resolution No. 24- 03. Jorden Giger, 302 S. Falcon Street, South Bend, Indiana 46619 spoke with concerns about Resolution No. 24-03. He asked three (3) questions to the petitioner regarding the transfer in ownership, childcare for workers and wages. Mr. Tuner responded to the questions stating that wages will be an estimated fifteen ($15)an hour,but it's a complicated question because there will be factory workers, museum workers and restaurant workers. Childcare will be done in-house for the employees is currently on hold but will be started within the next year due to budget restraints. Mr. Tamer then spoke of training his son for a succession plan but mentioned that he will always be a part of his family business. Erik Glavich clarified that the abatements are connected to the parcel so if the property is sold it stays with the property. Clerk Tirado responds that there is no one else online wishing to speak in against of the resolution. President McBride closed the public hearing and turned to the Council for any further comments. 4 REGULAR MEETING January 22, 2024 Councilmember Dr. Davis spoke on his support for the bill when he was on Council in 2019 and worried due to the economic challenges but witnessed the changes for the property and expressed excitement. Councilmember Lee expressed excitement for this project being in the first(1 St)district and spoke about going out with Mr. Tamer to look at the dinosaur bones at the Muesum and spoke of Mr. Tanner's dedication and seeing him there at night working. President McBride now entertains a motion to call for passage of Resolution No. 24-03. Councilmember Troy Warner made a motion to adopt Resolution No. 24-03, seconded by Councilmember Canneth Lee. The motion Passed by a vote of nine(9) ayes and. Resolution No. 24-03, was adopted. President Sharon McBride—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye BILLS ON FIRST READING 07-24 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 609 LAPORTE AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Clerk Tirado read the resolution. President McBride entertained a motion to send to the Board of Zoning Appeals for February 5th, and then to the Zoning and Annexation Commission for February 12th. Councilmember Sheila Niezgodski made a motion to send Bill No. 07-24 to the Board of Zoning Appeals for February 5th,and Zoning and Annexation Committee for a public hearing on February 12th. Councilmember Canneth Lee seconded the motion. The motion Passed by a vote of nine(9) ayes. 08-24 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 826 SOUTH BENDIX DRIVE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA Clerk Tirado read the resolution. President McBride entertained a motion to send to the Board of Zoning Appeals for February 5th, and then to the Zoning and Annexation Commission for February 12th. Councilmember Sheila Niezgodski made a motion to send Bill No. 08-24 to Board of Zoning Appeals for February 5th,and Zoning and Annexation Committee for a public hearing on February 12th. Councilmember Dr. Oliver Davis seconded the motion. The motion Passed by a vote of nine (9) ayes. 09-24 FIRST READING 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 2024 (REALAMERICA 5 REGULAR MEETING January 22, 2024 PROJECT) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO Clerk Tirado read the resolution. President McBride entertained a motion to send to the Community Investment for February 12th Councilmember Rachel Tomas Morgan made a motion to send Bill No. 09-24 to the to send to the Community Investment Committee for February 12th. Councilmember Dr. Oliver Davis seconded the motion. The motion Passed by a vote of nine(9) ayes. UNFINISHED BUSINESS Councilmember Dr. Davis mentioned that in the last meeting on January 8, 2024, he requested information regarding certified and noncertified Women Minority Businesses in the City of South Bend.Cynthia Simmons from the Diversity&Inclusion Department sent information and included the current minority and women businesses eligible to do business with the City. Councilmember Dr. Davis asked further questions last Thursday from Ms. Simmons and is waiting for a response. Council President McBride stated that several departments, including Diversity & Inclusion need to submit yearly reports at the beginning of March. Councilmember Tomas Morgan mentioned that the Inclusive Procurement Board meets on the first (1 st)Tuesday of each month. Councilmember Dr. Davis reports to the council that he swore in for his tenure at the Planning Commission. Council President McBride spoke about the applicant and returning process for citizen members of the committees. NEW BUSINESS None. PRIVILEGE OF THE FLOOR Jorden Giger, 302 S. Falcon Street, South Bend, Indiana 46619, expressed concern about the LaSalle Park Plan including the delay in the process, planner, community outreach and demographic data. ADJOURNMENT Council President Sharon McBride adjourned the meeting at 7:4 i p.m. 6