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HomeMy WebLinkAbout08-28-2023 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: 08-28-2023 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: TROY ��WARNER LO/ SHERRY OLDEN-SIMPSON APPROVED BY THE COMMON COUNCIL ON: 02-12-24 ATTEST: .4;3 BIA CA L. TIRAD6, if CLERK REGULAR MEETING Monday, August 28, 2023 Be it remembered that the Common Council of the City of South Bend, Indiana met via Microsoft Teams app on Monday, September 25th, 2023, at 7:00 p.m. The meeting was called to order by Council President Sharon L. McBride, and the Invocation was given by Dawn Jones. City Clerk Dawn M. Jones announced Good evening to 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. The full recording of the council meetings can be found at the following link: https://docs.southbendin.gov/WebLink/O/fol/360589/Rowl.aspx INVOCATION Dawn Jones PLEDGE OF ALLEGIANCE ROLL CALL COUNCIL MEMBERS PRESENT: Canneth Lee 1st District, Committee of the Whole Sharon L. McBride 3rd District, President 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 Henry Davis Jr. 2nd District OTHERS PRESENT: Dawn M. Jones City Clerk Victoria A. Trujillo Chief Deputy Clerk Shayla Kimbrough Deputy Clerk Adjia Sambe Clerk Intern Bianca Tirado Council Consultant Bob Palmer Council Attorney Members marked with an asterisk(*) are in virtual attendance. REPORT FROM THE SUB-COMMITTEE ON MINUTES None SPECIAL BUSINESS REPORTS FROM CITY OFFICES RESOLVE INTO COMMITTEE OF THE WHOLE Councilmember Eli Wax made a motion to resolve into the Committee of the Whole. Councilmember Troy Warner seconded the motion which carried by a voice vote of eight(8) ayes. The motion carried. Councilmember Lee—Aye Councilmember Warner—Aye Councilmember Wax—Aye Councilmember White—Aye Councilmember Tomas Morgan—Aye Councilmember Hamann* —Aye REGULAR MEETING Monday, August 28, 2023 Council Vice President Niezgodski -Aye Council President McBride—Aye Councilmember Canneth Lee, Chairperson, presiding. Councilmember Canneth Lee explained the procedures for the meeting per Article 1, Section 2- 11 of the South Bend Municipal Code. PUBLIC HEARINGS BILL NO. 23-23 PUBLIC HEARING 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 3003 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Lori K. Hamann stated the Bill No. 23-23 was previously heard in the Zoning and Annexation Committee and it comes to the Committee of the Whole with a favorable recommendation. Presenter,Tim Corocan- Director of Planning, offices located on 14th floor, stepping in for Angela Smith. This property space is occupied by commercial and industrial uses. It will bought up to current standards which will improve traffic safety through the closure of one of the curb approaches. Petitioner, Lenore Vaughn, 2526 Bertrand St. South Bend, Indiana 46628, excited to improve the look of the area. Vice President Niezgodski asked for clarification of the sales or rental of vehicles. The Special Exception is only for vehicle rentals. The partial numbers will be clarified. Councilmember Canneth Lee stated that this bill makes sense and is a smart business investment, without having to use building space. Councilmember Karen White motions to send Bill No. 23-23 to the full Council with a favorable recommendation. Councilmember Warner seconded the motion. Motion passed with eight(8) ayes. Councilmember Lee—Aye Councilmember Warner—Aye Councilmember Wax—Aye Councilmember White—Aye Councilmember Tomas Morgan—Aye Councilmember Hamann* —Aye Council Vice President Niezgodski -Aye Council President McBride—Aye 44-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, Council President Sharon McBride stated that Bill No. 44-23 was tabled to September 25, 2023. 48-23 PUBLIC HEARING 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 1044 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Council President Sharon McBride stated that Bill No. 48-23 was tabled to September 25, 2023. 49-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF CERTAIN ADDITIONS AND IMPROVEMENTS TO THE MUNICIPAL REGULAR MEETING Monday, August 28, 2023 WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF ADDITIONAL REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED FORTY-SEVEN MILLION SEVEN HUNDRED NINETY- ONE THOUSAND DOLLARS ($47,791,000)TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF;ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS;AND REPEALING ORDINANCES INCONSISTENT HEREWITH Council Vice President Niezgodski stated the Bill No. 49-23 was previously heard in the Personnel and Finance and it comes to the Committee of the Whole with a favorable recommendation. Presenter, Erick Horvath, Public Works Director with offices on the 13th floor of this building. This ordinance is for the City to issue bonds for construction projects. This is part of the long- term capital improvement plan, that was laid out a couple of years back. This would improve the rate increase that would support the revenue needed to do the capital projects. Councilmember Troy Warner went to see the infrastructure that was fifty (50) and sixty (60) years old and are committed to investing in the water structure. Took the first step in 2021, and glad to get the bonds and the projects underway. Councilmember Eli Wax stated that it is a steep cost, but a necessary improvement to one of the most vital resources in the city, the system is well overdo. We should continue to look for federal or state resources to cover present or future costs. Councilmember Canneth Lee mentioned that he too visited the treatment plants, and we don't want what happened in Flint to happen in South Bend, so he thanks the committee. Council Vice President Niezgodski made a motion to send Bill No. 49-23 to the full council with a favorable recommendation, which was seconded by Councilmember Rachel Tomas Morgan and carried by a vote of eight(8) ayes. The motion carried. Councilmember Lee—Aye Councilmember Warner—Aye Councilmember Wax—Aye Councilmember White—Aye Councilmember Tomas Morgan—Aye Councilmember Hamann* —Aye Council Vice President Niezgodski -Aye Council President McBride—Aye RISE AND REPORT Councilmember Canneth Lee made a motion to rise from the Committee of the Whole and report to Full Council. Councilmember Karen White made a motion to rise and report to the Full Council. Council Vice President Sheila Niezgodski seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Lee—Aye Councilmember Warner—Aye Councilmember Wax—Aye Councilmember White—Aye Councilmember Tomas Morgan—Aye Councilmember Hamann* —Aye Council Vice President Niezgodski -Aye Council President McBride—Aye REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City building at 7:17 p.m. Council President Sharon L. McBride presided with eight(8)members present. BILLS ON THIRD READING BILL NO. 23-23 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 3003 LINCOLNWAY REGULAR MEETING Monday, August 28, 2023 WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Canneth Lee indicated Bill No. 23-23 comes to the full council with a favorable recommendation from the Committee of the Whole. Councilmember Troy Warner made a motion for passage which was seconded by Councilmember Canneth Lee and carried by a vote of(8) ayes and (0)nays. The motion carried. Councilmember Lee—Aye Councilmember Warner—Aye Councilmember Wax—Aye Councilmember White—Aye Councilmember Tomas Morgan—Aye Councilmember Hamann* —Aye Council Vice President Niezgodski -Aye Council President McBride—Aye Bill No. 23-23 was adopted. 44-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1006 ST VINCENT STREET COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Tabled to September 25th, 2023. 48-23 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 1044 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Tabled to September 11 th, 2023. 49-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF CERTAIN ADDITIONS AND IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF ADDITIONAL REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED FORTY-SEVEN MILLION SEVEN HUNDRED NINETY- ONE THOUSAND DOLLARS ($47,791,000)TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF;ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS;AND REPEALING ORDINANCES INCONSISTENT HEREWITH Councilmember Canneth Lee indicated Bill No. 49-23 comes to the full council with a favorable recommendation from the Committee of the Whole. Councilmember Rachel Tomas Morgan made a motion to send Bill No. 49-23 to the full council with a favorable recommendation, which was seconded by Councilmember Canneth Lee and carried by a vote of eight(8) ayes. The motion carried. Councilmember Lee—Aye Councilmember Warner—Aye Councilmember Wax—Aye Councilmember White—Aye Councilmember Tomas Morgan—Aye Councilmember Hamann* —Aye Council Vice President Niezgodski -Aye Council President McBride—Aye The motion Passed by a vote of 8 ayes and 0 nays. REGULAR MEETING Monday, August 28, 2023 Bill No. 49-23 was adopted. RESOLUTIONS BILL NO. 23-34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 5031-23 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, Councilmember Rachel Tomas Morgan indicated that this bill came before the Community Investment committee and comes to the full council with a favorable recommendation. Erik Glavich, Director of Growth and Opportunity, Community Investment, City of South Bend with offices on the 14th Floor presented Resolution 23-34 to the full Council. Mr. Glavich indicated the Council would be considering the two (2) parcels. This is a resolution correcting a declaratory and confirming resolution for a tax abatement for Peak Investment on the corner of Elwood and Portage. Counsel passed the resolution in June,however,there was an error in drafting the resolution that council approved; they only included one parcel and not the other two. There was no one from the public expressing interest to speak in favor or opposition of this Bill. Councilmember Canneth Lee made a motion to send Bill No. 23-34 to the full council with a favorable recommendation. Council Vice President Niezgodski seconded. Motion passed with eight (8) ayes. Resolution No. 23-34 was adopted by the full Council. Councilmember Lee—Aye Councilmember Warner—Aye Councilmember Wax—Aye Councilmember White—Aye Councilmember Tomas Morgan—Aye Councilmember Hamann* —Aye Council Vice President Niezgodski -Aye Council President McBride—Aye 23-53 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA,APPROVING AND ADOPTING THE MONROE PARK EDGEWATER NEIGHBORHOOD PLAN Councilmember Rachel Tomas Morgan indicated Bill No. 23-53 was heard in the Community Investment Committee and comes to the full Council with a favorable recommendation. Presenter, Tim Corcoran, Director of Planning with the City of South Bend, located on the 14th floor of this building, presented slides regarding the Monroe Park I Edgewater Neighborhood Plan to the Full Council. The Neighborhood Plan is a five to twenty(5-to-20) year plan that are amendments to address things in the built environment. It seeks to address specific issues within neighborhoods. Eddy Carrero, 517 Carroll St. South Bend, IN 46601, thanked Tim Corcoran and his team for allowing him to voice his vision and voice for the neighborhood. The neighborhood is working diligently to make changes. Charity Stowe, 614 S. St. Joseph St. South Bend, IN 46601 She's a small developer, and excited and thankful that the city has invested all this time into this neighborhood. This is important so that when developers come in, they can secure the housing for residents. All council members thanked the petitioner for this investment. Councilmember Canneth Lee made a motion to send Bill No. 23-53 to the full council with a favorable recommendation. Council Vice President Niezgodski seconded. Motion passed with eight(8) ayes. Bill No. 23-53 was adopted by the full Council. Councilmember Lee—Aye Councilmember Warner—Aye REGULAR MEETING Monday, August 28, 2023 Councilmember Wax—Aye Councilmember White—Aye Councilmember Tomas Morgan—Aye Councilmember Hamann* —Aye Council Vice President Niezgodski -Aye Council President McBride—Aye Resolution No. 23-53 was adopted by the full Council. BILLS ON FIRST READING BILL NO. 50-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA,ANNEXING AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 23114 LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Karen L. White made a motion to send Bill No. 50-23 to Zoning and Annexation for public hearing and Third (3rd)reading on October 23rd, 2023, which was seconded by Council Vice President Niezgodski and carried by a vote of eight(8) ayes. The motion carried. Councilmember Lee—Aye Councilmember Warner—Aye Councilmember Wax—Aye Councilmember White—Aye Councilmember Tomas Morgan—Aye Councilmember Hamann* —Aye Council Vice President Niezgodski -Aye Council President McBride—Aye 51-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING THE BOUNDARIES OF A NEW MUNICIPAL RIVERFRONT DEVELOPMENT PROJECT"THE EXPANDED WEST RIVERFRONT DISTRICT" Council Vice President Niezgodski made a motion to send Bill No. 51-23 to Community Investment for public hearing and Third (3rd) reading on September l lth, 2023, which was seconded by Council Canneth Lee and carried by a vote of eight(8) ayes. The motion carried. Councilmember Lee—Aye Councilmember Warner—Aye Councilmember Wax—Aye Councilmember White—Aye Councilmember Tomas Morgan—Aye Councilmember Hamann* —Aye Council Vice President Niezgodski -Aye Council President McBride—Aye 52-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING THE BOUNDARIES OF A NEW MUNICIPAL RIVERFRONT DEVELOPMENT PROJECT"THE EXPANDED EAST RIVERFRONT DISTRICT" Council Canneth Lee made a motion to send Bill No. 52-23 to Community Investment for public hearing and Third (3rd)reading on September 11th, 2023, which was seconded by Council Vice President Niezgodski and carried by a vote of eight(8) ayes. The motion carried. Councilmember Lee—Aye Councilmember Warner—Aye Councilmember Wax—Aye Councilmember White—Aye Councilmember Tomas Morgan—Aye Councilmember Hamann* —Aye Council Vice President Niezgodski -Aye Council President McBride—Aye UNFINISHED BUSINESS Council Vice President Niezgodski the next budget hearing is Wednesday,August 30th, hear in the council chambers at 5:30 pm. The wish list was sent out to the council and President Sharon McBride is asking for them to make changes if necessary, by next week before she presents the council budget. REGULAR MEETING Monday, August 28, 2023 NEW BUSINESS Per Council President Sharon McBride,Tennessee state and Notre Dame will be playing next weekend, the first HBCU game. The following weekend is the Fusion Fest, formerly known as The Ethnic Festival. PRIVILEGE OF THE FLOOR Sarah Foster, 1138 College St., South Bend IN 46628, She has a live recording of the recent gunshots heard in her neighborhood. Logan Foster, 1138 College St., South Bend IN 46628, Spoke in reference to police reports that have not been submitted. Needs the mayor's office to know that this is not ok, we all need to do our part and stop the lawlessness going around. He has responded to all councilmembers, and no one has responded. ADJOURNMENT There being no further business to come before the Council President Sharon L. McBride adjourned the meeting at 8:23 p.m.