HomeMy WebLinkAbout06-12-2023 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: 06-12-2023
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE, WE RECOMMEND THE SAME BE APPROVED.
THIS RECOMMENDATION FOR APPROVAL IS MADE RECOGNIZING
THAT 3 CURRENT MEMBERS OF COUNCIL WERE NOT SEATED IN 2023
AND AS SUCH WILL BE ABSTAINING FROM ANY FORMAL APPROVAL OF
OLD MINUTES.
SHERRY BOLDEN-SIMPSON
APPROVED BY THE COMMON COUNCIL ON: 05-28-2024
ATTEST:
REGULAR MEETING June 12, 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, June
12, 2023, at 7:00 PM . The meeting was called to order by Council President Sharon L. McBride ,
and the Invocation was given by Apostle Dennis Givens of New Horizon Outreach Ministry and
Pledge to the Flag was given.
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.
Please note the attached link for the meeting recording:
https://docs.southbendin.gov/WebLink/browse.aspx?dbid=0&mediaid=365214
Council meetings are also available at Michiana Access Channel on both their website and
their Facebook page.
ROLL CALL
COUNCIL MEMBERS PRESENT
Canneth Lee
Henry Davis Jr.
Sharon L. McBride
Troy Warner
Eli Wax
Sheila Niezgodski
Lori K. Hamann
Rachel Tomas Morgan
Karen L. White
COUNCIL MEMBERS ABSENT
None
OTHERS PRESENT
Dawn M. Jones
Victoria Trujillo
Kenneth Hardy
Shayla Kimbrough
Bob Palmer
1st District, Committee of the Whole
2nd District
3 rd District , President
4th District
5th District
6th District, Vice-President
At-Large
At-Large
At-Large
City Clerk
Chief Deputy Clerk
Deputy Clerk
Director of Special Projects
Council Attorney
Members marked with an asterisk (*) are in virtual attendance.
SUB-COMMITTEE ON MINUTES
May 22, 2023
October 24, 2022
September 12, 2022
November 14, 2022
September 26, 2022
November 28, 2022
October 10, 2022
December 12, 2022
Council President McBride requested reports from the Sub-Committee on Minutes.
Clerk Jones stated that the Sub-Committee on Minutes brings forth the May 22, 2023, September
12, 2022, September 26, 2022 , October I 0, 2022 , October 24, 2022 , November 14, 2022,
November 28, 2022 , and December 12, 2022 Common Council meeting minutes for approval with
no recommendation.
REGULAR MEETING June 12, 2023
Councilmember Rachel Tomas Morgan requested clarity regarding the legal requirements for the
minutes .
Councilmember Troy Warner stated that the minutes legally must list any actions taken, list any
votes held , and include an account of how councilmembers voted during any roll call vote.
Councilmember Lori Hamman motioned to approve the May 22, 2023 , September 12, 2022,
September 26, 2022 , October 10, 2022 , October 24, 2022 , November 14, 2022 , November 28,
2022 , and December 12, 2022 Common Council meeting minutes , which was seconded by
Council member Canneth Lee and canied by a vote of nine (9) ayes .
Council President Sharon McBride -Aye Council Vice President Sheila Niezgodski -Aye
Councilmember Canneth Lee -Aye Councilmember Henry Davis Jr. -Aye
Councilmember Troy Warner-Ay e Councilmember Eli Wax -Aye
Councilmember Lori K . Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
SPECIAL BUSINESS
Dr. Davion Lewis , Chief Officer of the Empowerment Zone, 300 East Lasalle A venue, South
Bend IN 46617 , gave an update regarding the Empowern1ent Zone.
REPORTS FROM CITY OFFICES
None .
RESOLVE INTO THE COMMITTEE OF THE WHOLE
Council Vice President Sheila Niezgodski motioned to resolve into the Committee of the Whole ,
which was seconded by Councilmember Rachel Tomas Morgan and carried by a unanimous vote
of acclimation.
PUBLIC HEARINGS
BILL NO.
15-23 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
THE SOUTH BEND , INDIANA , TO VACATE
THE FOLLOWING DESCRIBED PROPERTY :
1100 BLOCK OF CORBY BOULEY ARD (2 nd
SUBSTITUTE)
Council Vice President Niezgodski motioned to accept Second (2 nd ) Substitute Bill No. 15-23 ,
which was seconded by Troy Warner, and canied by a unanimous vote of acclimation.
Clerk Jones read the Second (2 nd ) Substitute Bill to the Council for its second (2 nd ) reading.
Councilmember Lee requested the committee report.
Council Vice President Niezgodski stated that Second (2 nd ) Substitute Bill No. J 5-23 was heard in
the Public Works and Property Vacation Committee and comes to the Full Council with a favorable
recommendation.
Councilmember Lee requested that the petitioner(s) state their name and address and share key
points before the council.
Paul Phair, Holiday Properties , with offices at 3454 Douglas Road , South Bend IN 46635 , stated
that Second (2 nd ) Substitute Bill N o. J 5-23 is a right -of-way vacation for one hundred ( I 00) block
of Corby Boulevard. The vacation is being done to accommodate the ongoing Five (5) Corners
development project. A previous scrivener's enor has been conected.
Councilmember Lee asked the Council for comments , and nobody spoke .
Councilmember Lee opened the public hearing .
2
REGULAR MEETING June 12, 2023
Jerry Alford, 10843 Weston Drive , Ca1mel IN 46032, stated that he owns the property located at
1148 Corby Boulevard , South Bend IN 46617 , and requested clarification regarding the impact of
Second (2 nd) Substitute Bill No . J 5-23.
Paul Phair stated that Second (2 nd ) Substitute Bill No. J 5-23 is a vacation of the former Right-of-
Way of Corby Boulevard. This is a vacation of all remaining Right-of-Way from the former Corby
alignments, and therefore , is also a vacation of the Right-of-Way that is adjacent to Jerry Alford's
parcel that would be added to Jerry Alford's lot.
Jerry Alford stated that his property has a Corby Boulevard address, but faces Arthur Street, and
asked if access to his property via Corby Boulevard would be eliminated.
Paul Phair answered yes and stated that Jerry Alford will need to access his property either from
Arthur Street or the alley way that leads into Arthur Street.
Jerry Alford asked if Second (2 nd ) Substitute Bill No. 15-23 would prevent the construction of a
driveway connecting his property at 1148 Corby Boulevard to Corby Boulevard .
Angela Smith, Zoning Administrator, offices on the 14th floor of the County-City building, stated
that because 1148 Corby Boulevard already has frontage on Arthur Street and access from the
a lley , an additional curb cut on Corby Boulevard would not have been pennitted.
Jerry Alford asked where hi s property line would end.
Angela Smith stated that the 1148 Corby Boulevard property line would end about one (I) foot
behind the sidewalk.
Jerry Alford requested infonnation regarding the distance between the property at 1148 Corby
Boulevard and the new apartment complex.
Paul Phair responded that there will be about fifty-five feet (55ft) between the property at 1148
Corby Boulevard and the new apartment complex.
Council Vice President Niezgodski motioned to send Second (2 nd ) Substitute Bill No. J 5-23 to the
Full Council with a favorable recommendation , which was seconded by Councilmember Hamann
and carried by a vote of nine (9) ayes.
Council President Sharon McBride -Aye Council Vice President Sheila Niezgo dski -Aye
Councilmember Canneth Lee -Aye Councilmember Henry Davis Jr. -Aye
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
PUBLIC H EA RING 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 TH E PROPERTY
LOCATED AT 3003 LINCOLNW A Y WEST,
COUNCILMANIC DISTRICT NO. 2 IN THE CITY
OF SOUTH BEND , INDIANA
Councilmember Lee stated that Bill No. 23-23 had been tabled until August 14, 2023.
3
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
LOCATED AT 1127 , 1131 ,
WESTERN A VENUE ,
DlSTRICT NO. 2 IN THE
BEND , INDIANA
THE PROPERTY
AND 1135 WEST
COUNCILMANIC
CITY OF SOUTH
REGULAR MEETING June 12, 2023
Councilmember Lee stated that Bill N o. 24-23 had been tabled until June 26, 2023 .
25-23 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 1436 BOWMAN ,
COUNCILMAN IC DISTRICT NO. 3 IN THE CITY
OF SOUTH BEND , INDIANA
Councilmember Lee stated that Bill No. 25-23 had been tabled until June 26, 2023.
26-23 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
THE SOUTH BEND, INDIANA , APPROVING A
PETlTION OF THE ADVISORY BOARD OF
ZONING APPEALS FOR THE PROPERTY
LOCATED AT 2402 S TWYCKENHAM DRIVE,
COUNCILMANIC DISTRlCT NO. 5 IN THE CITY
OF SOUTH BEND , INDIANA
Clerk Jones read the bill to the Council for its second (2 nd ) reading.
Councilmember Lee requested the committee report.
Councilmember Hamann stated that Bill N o. 26-23 was heard in the Zoning and Annexation
Committee and comes to the Full Council with a favorable recommendation .
Angela Smith, Zoning Administrator, offices located on the 14th floor of the County-City
Building, stated that Bill N o. 26-23 seeks to legalize the con v ersion of the property located at 2402
South Twyckenham from its current existence as a l 950's era fire station to an all-new larger fire
station. The project will entail the demolition of the current station and the construction of an
expanded new fire station with two (2) bays . The improved and expanded station will help the
South Bend Fire Department (SBFD) address the needs of the community . Bill No . 2 6-23 comes
to the full council with a favorable recommendation from the Board of Zoning & Appeals.
Mike Danch , Danch Harner & Associates , offices located at 1643 Commerce Drive, South Bend
IN 46628 , stated that the existing facility is completely out-of-date. The city is in the process of
modernizing all its existing fire stations , and this new fire station will be a two (2) story building
and just under six thousand square feet (6 ,000sq ft). The parking for the firemen will be off of
York Road. The total cost for this project is an estimated three million dollars ($3 ,000 ,000). Upon
approval from the full council , the station is expected to undergo con struction later this summer
and become fully operational by 2024 .
Councilmember Lee asked Councilmembers for comments, and nobody spoke.
Councilmember Lee opened the public hearing.
Sam Centellas , 2740 Miami Street , South Bend , IN 46614, voiced support for Bill No . 26-23 .
Jason Kring, 4309 Coral Drive, South Bend IN 46614 , voiced support for Bill No . 26-23 . He
indicated that he drives past this facility daily on his commute to work .
Councilmember Lee closed the public hearing and asked the Council for comments.
Councilmember Eli Wax stated that the fire station is a valuable asset to the community .
Councilmember Henry Davis Jr. stated that SBFD serves the community and deserves a new
facility.
Councilmember Eli Wax motioned to send Bill N o . 2 6-23 to the Full Council with a favorable
recommendation , which was seconded by Counci !member Hamann and carried by a vote of nine
(9) ayes.
4
REGULAR MEETING June 12, 2023
Council President Sharon McBride -Aye Council Vice President Sheila Niezgodski -Aye
Councilmember Canneth Lee -Aye Councilmember Henry Davis Jr. -Aye
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
RISE AND REPORT
Council Vice President Niezgodski motioned to rise from the Committee of the Whole and report
back to the Full Council, which was seconded by Councilmember Hamann and can-ied by a
unanimous vote of acclimation.
REGULAR MEETING RECONVENED
President McBride stated the Full Council is now back in session . This portion of our meeting is
where bills are given a third (3 rd ) reading and action is taken regarding bills that were heard
during the Committee of the Whole.
BILLS ON THE THIRD READING
BILL NO .
15-23 THIRD READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF THE
SOUTH BEND , INDIANA , TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: 1100
BLOCK OF CORBY BOULEVARD (2 nd
SUBSTITUTE)
Clerk Jones read the Second (2 nd ) Substitute Bill to the Council for its third (3 rd ) reading.
After the third (3 rd ) reading, President McBride requested a committee report .
Councilmember Lee stated that Second (2 nd ) Substitute Bill No . 15-23 was heard in the Committee
of the Whole and comes to the Full Council with a favorable recommendation.
Councilmember White motioned to adopt Second (2 nd ) Substitute Bill No . 15-23 , seconded by
Councilmember Lee , and can-ied by a vote of nine (9) ayes.
Council President Sharon McBride -Aye Council Vice President Sheila Niezgodski -Aye
Councilmember Canneth Lee -Aye Councilmember Henry Davis Jr. -Aye
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye
Council member Rachel Tomas Morgan -Aye
26-23 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 2402 S TWYCKENHAM DRIVE,
COUNCILMAN IC DISTRICT NO. 5 IN THE CITY
OF SOUTH BEND , INDIANA
Clerk Jones read the bill to the Council for its third (3 rd ) reading.
After the third (3 rd ) reading, President McBride requested a committee report .
Councilmember Lee stated Bill No . 26-23 was heard in the Committee of the Whole and comes to
the Full Council with a favorable recommendation.
Councilmember Warner motioned to adopt Bill No . 26-23 , seconded by Council Vice President
N iezgodski , and can-ied by a vote of nine (9) ayes .
5
REGULAR MEETING June 12, 2023
Council President Sharon McBride -Aye Council Vice Pres ident Sheila Niezgodski -Aye
Councilmember Canneth Lee -Aye Co uncilmember Henry Davi s Jr. -Aye
Councilmember Troy Warner-Ay e Co uncilmember Eli Wax -Aye
Councilmember Lori K . Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
RESOLUTIONS
BILL NO .
23-24 A RESOLUT ION OF THE COMMON COUNCIL OF THE C lTY
OF THE SOUTH BEND, INDIANA , REINSTATING ,
REAFFlRMING AND AMENDING THE RESOLUTlON NOS .
2519-97 AND 4917-21 ("COLLECTIVELY RESOLUTION") TO
ADD SITES TO THE ESTABLISHD PROFESSIONAL SPORTS
CONVENTION D EVELOPMENT AREA (PSCDA), NAMELY
THE EW C ITY HALL PURCHASED FROM THE SOUTH
BEND COMMU !TY SCHOOL CORPORATION , THE POLICE
STATION, ALL FIRE STATIONS, THE MUNICIPAL WATER
WORKS BUILDING , THE WAST EWATE R TREATMENT
PLANT, AND THE EQUIIPMENT SERVICES B UILDING ; AND
TO EXTEN D THE EXPIRATION DAT E OF THE PSCDA FIRST
ESTABLISHED AND THEN EXPANDED BY THE
RESOLUTIONS ; TO MAKE OTHER NECESSARY AND
APPROPRIATE C HANG ES TO THE R ESOLUT ION
C lerk Jones read the resolution to the Co uncil.
After the reading President McBride requested a committee report .
Council Vice President Niezgodski stated that Bill No. 23 -24 was heard in the Personnel and
Finance Committee and comes to the Full Council with a favorable recommendation.
President McBride requested that the petitioner(s) state their name and address and share k ey
points before the council.
Kyle Willis , Ci ty Controller, offices on the 12 th floor of the County-City building, stated that Bill
No . 23 -24 allows for the expansion of the Professional Sports Convention De ve lopment Area
(PSCDA). Kyle Willis stated that Bill No . 23-24 aligns with Senate Enrolled Act 326. The Indiana
state legislature pas sed Senate Enrolled Act 326 in early May 2023 . Senate Enrolled Act 326
increases the current cap of revenues to be paid to the City from two million dollars ($2,000,000)
to five million dollars ($5 ,000 ,000) and increases the PS C DA tax area to include City owned
facilities s uch as th e new City Hall purcha sed from the South Bend Community School
Corporation , the police sta tion , all fire stations , th e wastewater treatment plant , and the municipal
water works facility. Bill No . 23-24 will allow the City to capture certain sa les tax revenues and
income tax revenues that would ha ve otherwise go ne to the state . With the revenue increase , the
City will receive five million dollars ($5,000 ,000) annually , and up to one hundred million dollars
($100,000 ,000) over the next twenty (20) years.
Co uncil Pres ident McBrid e asked Co uncilmembers for comments.
Council President McBride thanked Kyle Willi s for his presentation a nd s tated that this is great
news for the City of South Bend.
Co uncilmember Davi s Jr. raised a concern rega rding oversight, and asked if the Administration
will come before Council before s pending PS C DA funds.
Kyle Willis stated the Administration would s peak with the Council.
Co uncil President McBride stated that there are specific item s according to state statute to which
the City must adhere. All allocations must come before the Council for appropriation .
6
REGULAR MEETING June 12, 2023
Richard Nussbaum, 210 South Michigan Street, Suite 500 , South Bend IN 46601, stated that he
has been involved with the PSCDA legislation since 1997. Richard Nussbaum stated that Bill No.
23-24 will expand the tax area, and that the Council will vote in the future on how to allocate the
newly captured funds .
Councilmember Davis Jr. stated that he was in favor of PSCDA funds but is concerned about how
the funds will be spent.
Richard Nussbaum stated that he agrees with Councilmember Davis Jr.
Council President McBride opened the public hearing .
David Niezgodski, State Senator, 4942 Scenic Drive, South Bend IN 46619 , voiced support for
Bill No. 23-24.
Council President McBride closed the public hearing and asked the Council for comments.
Councilmember Davis Jr. asked how much better off the South Bend Cubs would be if all of the
PSCDA funds went to Coveleski Stadium, and then stated that he is not asking anyone to answer
his question.
Council member Tomas Morgan motioned to adopt Bill No. 23-24, which was seconded by Council
Vice President Niezgodski 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 Henry Davis Jr. -Aye
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K . Hamann -Aye Council member Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
23-26
23-27
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF THE SOUTH BEND , INDIANA , MODIFYING
AND RECONFIRMING THE ADOPTION OF
DECLARATORY RESOLUTION NO. 4921-21
DESIGNATING CERTAIN AREAS WITHIN THE CITY
OF SOUTH BEND , INDIANA, COMMONLY KNOWN
AS 520 SOUTH LAFAYETTE BOULEY ARD, SOUTH
BEND , IN 46601 AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF AN EIGHT-YEAR (8)
MUL Tl-FAMILY RESIDENTIAL DEVELOPMENT
REAL PROPERTY TAX ABATEMENT
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF THE SOUTH BEND , INDIANA ,
DESIGNATING CERTAIN AREAS WITHIN THE CITY
OF SOUTH BEND , INDIANA, COMMONLY KNOWN
AS 504 SOUTH LAFAYETTE BOULEY ARD , SOUTH
BEND , IN 4660 I AN EC ONOMIC REVITALIZATION
AREA FOR PURPOSES OF AN EIGHT-YEAR (8) REAL
PROPERTY TAX ABATEMENT FOR REAL AMERICA
DEVELOPMENT
Council President McBride motioned to hear Bill No. 23 -26 and Bill No . 23-27 together, which
was seconded by Councilmember Hamann and carried by a unanimous vote of acclimation.
Clerk Jones read the resolutions to the Council.
After the reading President McBride requested the committee reports.
Councilmember Tomas Morgan stated that Bill No. 2 3-26 and Bill No . 23-27 both were heard in
the Community Investment Committee, and both come to the Full Council with favorable
recommendations.
7
REGULAR MEETING June 12, 2023
President McBride requested that the petitioner(s) state their name and address and share key
points before the council.
Erik Glavich , Director of Growth and Opportunity, offices on the 14 th floor of the County-City
building , stated that Bill No. 23-26 is a reconfirn1ing resolution for an eight (8) year multi-family
residential development real property tax abatement. Bill No . 23-2 7 is a reconfinning resolution
for an eight (8) year mixed-use development real property tax abatement.
Anvir Purewal , 8250 Dean Road , Indianapolis IN 46240, gave a brief presentation regarding the
layout and amenities of the future Diamond View Apartments . The total investment is twenty-one
million dollars ($21 ,000 ,000).
Council President asked the Council for comments , and nobody spoke.
Council President McBride opened the public hearing .
Richard Nussbaum , 210 South Michigan Street, Suite 500, South Bend IN 46601, voiced support
for the Diamond View Apartment project.
Council President McBride closed the public hearing and asked the Council for comments.
Councilmember Warner thanked Real America for the investment in South Bend.
Councilmember Tomas Morgan stated that she is looking forward to the Diamond View
Apartments project.
Councilmember Lee stated that thanked Real America for their investment in South Bend.
Councilmember Warner motioned to adopt Bill No . 23-26, which was seconded by
Council member Lee and can-ied by a vote of eight (8) ayes and one (I) nay .
Council President Sharon McBride -Aye Council Vice President Sheila Niezgodski -Aye
Councilmember Canneth Lee -Aye Councilmember Henry Davis Jr. -Nay
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
Councilmember Warner motioned to adopt Bill No. 23-27, which was seconded by
Councilmember Tomas Morgan and can-ied by a vote of eight (8) ayes and one (1) nay.
Council President Sharon McBride -Aye Council Vice President Sheila Niezgodski -Aye
Councilmember Canneth Lee -Aye Councilmember Henry Davis Jr. -Na y
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
23-28
23-29
8
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF THE SOUTH BEND , INDIANA, CONFIRMING
THE ADOPTION OF A DECLATORY RESOLUTION
DESIGNATING CERTAIN AREAS WITHIN THE CITY
OF SOUTH BEND , INDIANA , COMMONLY KNOWN
AS 3201 W. CALVERT ST., SOUTH BEND , IN 46613 AS
AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE-YEAR (5) PERSONAL
PROPERTY TAX ABATEMENT FOR VERBIO NORTH
AMERICA , LLC
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, lNDIANA , COMMONLY KNOWN
AS 3201 W. CALVERT STREET, SOUTH BEND , IN
REGULAR MEETING June 12, 2023
46613 AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF AN EIGHT-YEAR (8) REAL PROPERTY
TAX ABATEMENT FOR VERBIO NORTH AMERICA
LLC
Council Vice President Niezgodski motioned to hear Bill No. 23-28 and Bill No . 23-29 together,
which was seconded by Councilmember Lee and carried by a unanimous vote of acclimation.
Clerk Jones read the resolutions to the Council.
After the reading President McBride requested the committee reports.
Councilmember Tomas Morgan stated that Bill No. 23-28 and Bill No . 23-29 both were heard in
the Community Investment Committee, and both come to the Full Council with favorable
recommendations.
President McBride requested that the petitioner(s) state their name and address and share key
points before the council.
Erik Glavich, Director of Growth and Opportunity, offices on the 14 th floor of the County-City
building, stated that Bill No. 23-28 is a confinning resolution for a five (5) year personal property
tax abatement. Bill No . 23-29 is a confinning resolution for an eight (8) year industrial
development real property tax abatement.
Greg Northrup , President and Chief Executive Officer (CEO) of Verbio North America, 17199
North Laurel Park Drive, Suite 260, Livonia Michigan 48152, stated that Verbio is investing two
hundred and thirty million dollars ($230,000,000) in South Bend . Verbio's expansion will allow
them to retain sixty-one (61) employees and create eight (8) new positions.
Council President McBride asked Councilmembers for comments.
Councilmember Tomas Morgan motioned to correct a scrivener's error in Bill No . 23-28 , which
was seconded by Council member Lee and carried by a unanimous vote of acclimation.
Councilmember Hamann stated that Verbio claims not to fund their projects with public financing
although some people would consider tax abatements to be a form of public financing.
Councilmember Hamann stated that these tax abatements do not generate sufficient public benefit
because Verbio answered "no" to whether they will be employing local companies for construction,
employing local companies for materials , and requiring prevailing wages.
Greg Northrup stated that it is in the interest of Verbio to use local companies to the extent that
they have the capabilities to build a plant that meets the qualifications Verbio needs to operate
safely.
Council Vice President Niezgodski requested infonnation regarding the design of the proposed
new tanks.
Greg Northrup stated that much of the work done by Verbio is proprietary.
Councilmember Lee stated that the Council has already discussed why Verbio has written the
contract in a way the excludes a legal commitment to using local companies exclusively.
Councilmember Lee stated that it is in the interest of Verbio to use local companies for there
project, but that some aspects of the construction may require expertise not currently found in the
South Bend region.
Greg Northrup stated that until financing is complete Verbio cannot committ to any company
regarding who will be selected for work that needs to be completed. Greg Northrup stated that he
is looking forward to working with local contractors.
Council President McBride opened the public hearing.
Leslinda Wilson , 19788 Southland Avenue , South Bend IN 46614 , asked why tax abatements are
given to a company that is not willing to committ to finding and hiring local companies before
seeking companies outside of the South Bend area.
9
REGULAR MEETING June 12, 2023
Greg Northrup stated that the proposed plant operates in a sophi sticated industry which requires
specialized expertise. Verbio will hire people locally, retain local jobs, and create new local jobs.
Erik Gia vi ch stated that this project includ es many parts ( construction , landscaping, etc.), and the
City does not want Verbio to state on their abatement form that they will hire a certain percentage
of local contractors if they are not certain hiring that amount of local contractors is a possibility.
Marking "no" to committing to hiring at least seventy-fi ve percent (75 %) of their contractors
locally does not prevent Verbio from doing so , rather it only allows them to remain compliant if
they are unable to do so . There are benefits to marking "yes" such as increased abatement lengths ,
so it is important companies do not make commitments they cannot gurantee they will be able to
keep.
Councilmember Hamann stated Verbio has also refused to commit to paying a prevailing wage.
Council Vice President Niezgodski stated that without Verbio's two hundred and thirty million
dollar ($230,000 ,000) investment the current plant would likely shut down in the near future.
Council Vice President Niezgodski also stated that Verbio is moving to make their current workers
full time employees rather than independent contractor which will help the workers with tax costs.
Council Vice President Niezgodski also stated that this would be Verbio's second (2 nd ) biorefinery
in the United States , and the first (1 st) renewable energy plant to integrate the production of ethanol
with renewable natural gas (RNG) in the state of Indiana.
Councilmember Tomas Morgan stated that this is a two hundred and thirty million dollar
($230 ,000 ,000) investment by Verbio . A tax credit will be sought as authorized by the Inflation
Reduction Act of 2022 , and if approved there are requirements such as prevailing wage rates .
Council President McBride closed the public hearing and asked the Council for comments .
Councilmember Warner motioned to adopt Bill No . 23-28 , which was seconded by
Councilmember Tomas Morgan and carried by a vote of seven (7) ayes and two (2) nays.
Council President Sharon McBride -Aye Council Vice President Sheila Niezgodski -Aye
Councilmember Canneth Lee -Aye Council member Henry Davis Jr. -Nay
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K . Hamann -Na y Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
Councilmember Warner motioned to adopt Bill No. 23-27, which was seconded by Council Vice
President Niezgodski and carried by a vote of seven (7) ayes and two (2) nays.
Council President Sharon McBride -Aye Council Vice President Sheila Niezgodski -Aye
Councilmember Canneth Le e -Aye Councilmember Henry Davis Jr. -Na y
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K. Hamann -Na y Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
23-30 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
OSUTH BEND , INDIANA , COMMONLY
KNOWN AS 521 N . WILLIAM STREET, SOUTH
BEND , IN 46616 AN ECONOMIC
REVIT ALIZAITON AREA FOR PURPOSES OF A
FOUR-YEAR (4) REAL PROPERTY TAX
ABATEMENT FOR DA YID A. NU FER, LLC
Clerk Jones read the resolution to the Council.
After the reading President McBride reque sted a committee report .
10
REGULAR MEETING June 12, 2023
Councilmember Tomas Morgan stated that Bill No . 23-30 was heard in the Community Investment
Committee and comes to the Full Council with a favorable recommendation .
Erik Glavich , Director of Growth and Opportunity, offices on the 14 th floor of the County-City
building, stated that Bill No. 23-30 is a confirming resolution for a four ( 4) year real property tax
abatement. The total private investment is two million three hundred and seventy thousand dollars
($2 ,370 ,000).
David Nufer, owner of Burton's Laundry , 2409 Mishawaka Avenue , South Bend IN 46615 ,
thanked the Council for their consideration.
Council President McBride asked Councilmembers for comments, and nobody spoke.
Council President McBride held the public hearing, and nobody spoke.
Council President McBride asked the Council for comments.
Councilmember Warner thanked David Nufer for his investment in South Bend .
Councilmember Lee thanked David Nufer for giving back to the community.
Councilmember Tomas Morgan motioned to adopt Bill N o. 23-30, which was seconded by
Councilmember Hamann 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 Henry Davis Jr. -Aye
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye
Council member Rachel Tomas Morgan -Aye
23-31 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF THE SOUTH BEND , INDIANA ,
DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND , INDIANA ,
COMMONLY KNOWN AS 5448 DYLAN DRIVE ,
SOUTH BEND , IN 46628 AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A
NINE-YEAR (9) REAL PROPERTY TAX
ABATEMENT FOR GLC PORTAGE PRAIRIE ,
LLC
Clerk Jones read the resolution to the Council.
After the reading President McBride requested a committee report .
Council member Tomas Morgan stated that Bill No . 2 3-3 l was heard in the Community Investment
Committee and comes to the Full Council with a favorable recommendation.
Erik Glavich , Director of Growth and Opportunity, offices on the 14 th floor of the County-City
building , stated that Bill No . 23-31 is a declaratory resolution for a nine (9) year industrial
development real property tax abatement. The total private investment is twelve million dollars
($12 ,000,000).
Isaac Hall , Great Lakes Capital (GLC), 7410 Aspect Drive, Granger Indiana 46530, stated that the
space at 5448 Dylan Drive has purposely been left vacant in wait of this project, and GLC is excited
to see the progress of this project.
Council President McBride asked Councilmembers for comments, and nobody spoke.
Council President McBride held the public hearing, and nobody spoke.
Councilmember Lee motioned to adopt Bill No . 23-31 , which was seconded by Councilmember
Warner and carried by a vote of nine (9) ayes .
I Council President Sharon McBride -Aye I Council Vice President Sheila Niezgodski -Aye
11
REGULAR MEETING June 12, 2023
Councilmember Canneth Lee -Aye Councilmember Henry Davis Jr. -Aye
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
23-32
23-33
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF THE SOUTH BEND , INDIANA ,
DESIGNATING CERTAIN AREAS WITHIN THE CITY
OF SOUTH BEND, INDIANA, COMMONLY KNOWN
AS 516 S. MICHIGAN ST., SOUTH BEND, IN 46601 AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A TWO-YEAR (2) VACANT BUILDING
TAX ABATEMENT FOR HERSTORIC PROPERTIES
LLC
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF THE SOUTH BEND , INDIANA , A
RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND ,
INDIANA , COMMONLY KNOWN AS 5 I 6 SOUTH
MICHIGAN STREET, SOUTH BEND , IN 46601 AN
ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A SIX-YEAR (6) REAL PROPERTY TAX
ABATEMENT FOR HERSTORIC PROPERTIES, LLC
Council Vice President Niezgodski motioned to hear Bill No . 23-32 and Bill No. 23-33 together,
which was seconded by Councilmember Lee and can-ied by a unanimous vote of acclimation.
Clerk Jones read the resolutions to the Council.
After the reading President McBride requested the committee reports .
Councilmember Tomas Morgan stated that Bill No . 23-3 2 and Bill No . 23-33 both were heard in
the Community Investment Committee, and both come to the Full Council with favorable
recommendations.
Erik Glavich , Director of Growth and Oppotiunity, offices on the 14 th floor of the County-City
building, stated that Bill No . 23-32 is a declaratory resolution for a two (2) year vacant building
tax abatement. Erik Glavich stated that Bill No . 23-33 is a declaratory resolution for a six (6) year
real property tax abatement. The total private investment is five hundred and seventy thousand
dollars ($570,000).
Rachel Mospan , developer, 15555 Hunting Ridge Trail , Granger IN 46530, is present.
Charity Stowe, developer, 614 South Saint Joseph Street, South Bend IN 46601 , stated that they
are excited to keep affordable residential and commercial spaces in downtown South Bend.
Council President McBride asked Councilmembers for comments.
Councilrnernber Davis Jr. asked if the developers had spoken with the neighborhood association.
Charity Stowe answered yes .
Council member Davis Jr. asked if the developers have had conversations regarding the homeless
population in the downtown area.
Charity Stowe stated that she is aware of the homelessness problem downtown.
Councilmember Davis Jr. welcomes ideas from the developers regarding solutions to the
homelessness problem.
Councilmember Hamann asked if the developers plan to manage the units on their own .
Charity Stowe answered yes.
12
REGULAR MEETING June 12, 2023
Councilmember Hamann stated that she has worked to help address the homeless problem in South
Bend .
Council President McBride opened the public hearing.
Sam Centellas, 2740 Miami Street, South Bend IN 46614 , stated that he has worked with Herstoric
Development and voiced suppoti for their project.
Council President McBride closed the public hearing and asked the Council for comments.
CouncilmemberTomas Morgan motioned to adopt Bill No. 23 -32 , which was seconded by Council
Vice Pres ident Niezgodski a nd carried by a vote of nine (9) ayes.
Co uncil President Sharon McBride -Aye Council Vice Pres ident Sheila Niezgodski -Aye
Councilmember Canneth Lee -Aye Co uncilmember Henry Davis Jr . -Aye
Co uncilmember Troy Warner-Ay e Councilmember Eli Wax -Aye
Co uncilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
Councilmember Warner motioned to adopt Bill No. 23-33, which was seconded by
Co uncilmember White and carried by a vote of nine (9) ayes.
Council President Sharon McBride -Aye Council Vice Pres ident Sheila Niezgodski -Aye
Councilmember Canneth Lee -Aye Councilmember Henry Davis Jr. -Aye
Co uncilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Counci_lmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
BILLS ON FIRST READING
BfLL NO .
39-23 FIRST R EADING ON AN ORDINANCE OF THE COMMON
COUNC IL OF TH E CITY OF THE SOUTH BEND , INDIANA ,
APPROPRIATING ADDITIONAL FUNDS FOR CER TA IN
DEPARTMENTAL AND C ITY SERVICES OPERATIONS FOR
THE YEAR 2023 OF $110 ,654 FROM THE GENERAL FUND
(#101), $1,195 ,000 FROM THE PARKS AND RECREATION
FUND (#20 I), $56,000 FROM THE CENTRAL SERVICES
FUND (#222), $3 ,127 ,099 FROM THE LOCAL INCOME TAX -
ECONOMIC DEVELOPMENT FUND (#408), $1,000,000 FROM
THE PROFESSIONAL SPORTS CONVENTION
DEVELOPMENT AREA (#413), $2 ,322 ,376 FROM THE 2018
TIF PARK BOND CAP IT AL FUND (#452), $1,482 ,530 FROM
T HE 2017 PARK BOND CAPITAL FUND (#471), $100,000
FROM THE PARKING GARAGES FUND (#601), $100 ,000
FROM THE SEW AGE WORKS OPERA TIO NS FUND (#641 ),
AND $60,000 FROM THE CENTURY CENTER CAPITAL
FUND (#671)
C lerk Jones read the bill to the Co uncil for its first (1 st) reading .
Counci lmember Hamann motioned to send Bill No. 39-23 to th e Perso nnel and Finance Committee
for a public hearing and third (3 rd ) reading on Jun e 26, 2023 , seco nded by Council Vice President
N iezgodski, and carried by a vote of eight (8) ayes and one (1) nay.
Co uncil Pres ident Sharon McBride -Aye Council Vice President Sheila Niezgodski -Aye
Councilmember Canneth Lee -Aye Council memb e r Henry Davis Jr. -Na y
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K. H amann -Aye Councilmember Ka ren L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
13
REGULAR MEETING
40-23
June 12, 2023
FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF THE
SOUTH BEND , INDIANA, FOR BUDGET
TRANSFERS FOR VARIOUS DEPARTMENTS
WITHIN THE CITY OF SOUTH BEND, INDIANA
FOR THE YEAR 2023
Clerk Jones read the bill to the Council for its first ( I st) reading.
Council Vice President Niezgodski motioned to send Bill No. 40-23 to the Zoning and Annexation
Committee for a public hearing and third (3 rd ) reading on June 26, 2023, seconded by
Councilmember Warner, 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 Henry Davis Jr. -Aye
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
41-23 FIRST R EA DING ON AN ORDINANCE OF THE
COMMON COUNC IL OF THE CITY OF THE SOUTH
. BEND, INDIANA , AMENDING ORDINANCE NO.
10894-22 , WHICH FIXES MAXIMUM SALARIES AND
WAGES OF APPOINTED OFFICERS AND NON-
BARGAINING EMPLOYEES OF EXECUTIVE
DEPARTMENTS OF THE CITY OF SOUTH BEND FOR
CALENDAR YEAR 2023, TO ESTA BUSH ONE NEW
FULL-TIME POSITION
Clerk Jones read the bill to the Council for its first (15 1) reading.
Council Vice President Niezgodski motioned to send Bill No . 41-23 to the Personnel and Finance
Committee for a public hearing and third (3 rd ) reading on June 26, 2023 , seconded by
Cou ncilmember Lee, and carried by a vo te of nine (9) ayes.
Council President Sharon McBride -Aye Council Vice President Sheila Niezgodski -Aye
Councilmember Canneth Lee -Aye Councilmember Henry Davi s Jr. -Aye
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
42-23 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNC IL OF THE C ITY OF THE SOUTH
BEND, INDIANA , CREATING THE 2023 TIF BOND
SERIES A CAP IT AL FUND (#456)
Clerk Jones read the bill to the Council for it s fir st (1 st) reading.
Council Vice President Niezgodski motioned to send Bill No . 42-23 to th e Personnel and Finance
Committee for a public hearing and third (3 rd ) reading on June 26, 2023 , seconded by
Councilmember Lee, 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 Henry Dav is Jr. -Aye
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
43-23
14
FIRST REA DING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF THE SOUTH
BEND , INDIANA , ADDING CHAPTE R 14 , ARTICLE 10 ,
REGULAR MEETING June 12, 2023
SECTIONS 14-61 THROUGH AND INCLUDING 14-63
ADDRESSING EXTERMINATION /PEST CONTROL IN
RESIDENTIAL RENT AL UNITS
Clerk Jones read the bill to the Council for its first (1 st) reading.
Councilmember Davis Jr. motioned to send Bill No. 43-23 to the Health and Public Safety
Committee for a public hearing and third (3 rd ) reading on June 26, 2023, seconded by
Councilmember Hamann, 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 Henry Davis Jr. -Aye
Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye
Councilmember Lori K . Hamann -Aye Councilmember Karen L. White -Aye
Councilmember Rachel Tomas Morgan -Aye
. UNFINISHED BUSINESS
None.
NEW BUSINESS
The next Council Committee and Common Council meeting is scheduled for June 26, 2023 and
any budget priorities need to be submitted.
Councilmember Davis Jr . expressed hi s appreciation for the Empowennent Zone presentation
regarding the partnership between schools and the City.
Council member Karen White requested a copy of the presentation be sent to all Councilmembers.
PRIVILEGE OF THE FLOOR
Debra DuRal , 21677 Auten Road , South Bend IN 46628 , spoke regarding environmental issues in
local parks.
ADJOURNMENT
Council President Sharon McBride adjourned the meeting at 9:50 p.m.
15