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Home My WebLink About08-14-2023 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: 08-14-2023 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 SEA TED 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 August 14, 2023 Be it remembered that the Common Council of the City of South Bend , Indiana met in-person in the Counci l Chambers of the County-City Building and via Microsoft Teams app on Monday, August 14, 2023, at 7:00 PM. The meeting was called to order by Council President Sharon L. McBride, and the Invocation was given by Pastor Andre Stoner of Faith in Indiana and Pledge to the Flag was g iven. 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 Council and yourse lves. If yo u would like to speak during the meeting on a specifi c 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 Co un ci l meetings. Please note the attached link for the meeting recording: https://docs.southbendin.gov/WebLink/browse.aspx?dbid=0&mediaid=367280 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 Rachel Tomas Morgan Karen L. White COUNC IL MEMBERS ABSENT Lori Hamann OTHERS PRESENT Dawn M. Jones Victoria A . Truji ll o Shayla Kimbrough Adjia Sambe Bianca Tirado Bob Palmer I st District, Committee of the Whole 2 nd District (A rriv ed Late) 3 rd District , President 4 th District 5th District 6th Di strict , Vice-President At-Large At-Large At -Large City Clerk Chief Deputy Clerk Deputy Clerk Executive Asst Counci l Consu ltant Council Attorney Members marked with an a terisk (*) are in virtua l attendance. SUB-COMMITTEE ON MINUTES April 24, 2023 May 8, 2023 Counci lm ember Troy Warner motioned to table the Apri l 24, 2023 and May 8, 2023 Common Counci l meeting minutes until August 28, 2024, which was seconded by Counci lm ember Eli Wax Lee and carried by a vote of seven (7) ayes with two (2) counci lm embers absent. Council President Sharon McBride -Aye Councilmember Canneth Lee -Aye Counci lm ember Troy Warner -Aye Co uncilm ember Lori K. Hamann -Abs ent Counci lmember Rachel Tomas Morgan -Aye SPECIAL BUSINESS None. REPORTS FROM CITY OFFICES Co un ci l Vice President Sheila Niezgodski -Aye Councilmember Henry Davis Jr. -Absent ---~ Councilmember Eli Wax -Aye Co un ci lm ember Karen L. White -Aye ___ ____J REGULAR MEETING August 14, 2023 None. RESOLVE INTO THE COMMITTEE OF THE WHOLE Counci l Vice President Sheila Niezgodski motioned to resolve into the Committee of the Whole, which was seconded by Council member Karen White and can-ied by a vote of seven (7) ayes with two (2) councilmembers absent. Council President Sharon McBride -Aye Council Vice President Sheila Niezgodski -Aye Councilmember Canneth Lee -Aye Councilmember Henry Davis Jr. -Absent Councilmember Troy Warner-Aye Counci lm ember Eli Wax -Aye Councilmember Lori K. Hamann -Absent Counci lm ember Karen L. White -Aye Counci lm ember Rachel Tomas Morgan -Aye PUBLIC HEARINGS BILL NO . 23 -23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND , INDIANA , APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3003 UNCOLNWA Y WEST , COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIA A Counci l President McBride stated that Bill No . 23-23 had been tabled until August 28, 2023. 27-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNC IL OF THE CITY OF SOUTH BEND , INDIANA, AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED 13 19 , 1323 , AND 1333 LINCOL WAY WEST A D, COUNCILMANIC DISTRICT NO. 2 I THE CITY OF SOUTH BEND, INDIANA C lerk Jones read the bill to the Counci l for its seco nd (2 nd ) reading. Counci lmember Lee requested the committee report. Council Vice Chair Niezgodski stated that Bill No. 27-23 was heard in the Zoning and Annexation Committee, and comes with a favorab le recommendation . Councilmember Lee requested that the petitioner(s) state their name and address and s hare key points before the council. Angela Smith , Zoning Administrator, with offices on the 14 th floor of the County-C it y Building, s tated that the property located at 1333 Lincolnway West used to be a gas station and then became an auto repair shop. After sitting e mpty for severa l years, it was detennined that the prope1iy's legal nonconfonnance status had lapsed , and the petitioner would like to bring this building back into confonnance. The property was zo ned as a medium density residential property ; the petitioner seeks a rezoning to Neighborhood Center (NC) as we ll as a special exception to a ll ow for major auto repairs. Petitioner, Keith Giden , 1121 Goodland Avenue , South Bend IN 46628 , stated that he is looking to reopen the shop , and that all underground tanks have been removed. Co uncilmember Lee requested questions from the Counci l, and nobody spoke. Counci lmember Lee held the public hearing, a nd nobody s poke. Councilmember Lee thanked the petitioner for see king to reopen their bu s iness. 2 REGULAR MEETING August 14, 2023 Council Vice President Niezgodski motioned to send Bill No. 27-23 to the Full Council with a favorable recommendation , which was seconded by Councilmember White and carried by a vote of eight (8) ayes with one (I) council member ab sent. 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 -Absent Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 48-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, lNDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1044 LINCOLNWA Y WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND , INDIANA Council President McBride stated that Bill No . 48-23 had been tabled until August 28, 2023. 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 Warner and carried by a vote of eight (8) ayes with one ( 1) councilmember absent. 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 -Absent Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 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. 27-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED 1319 , 1323 , AND 1333 LINCOLN WAY WEST AND, COUNCILMANIC DISTRICT NO. 2 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. 27-23 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember Lee motioned to adopt Bill No. 27-23, seconded by Council Vice President Niezgodski , and carried by a vote of eight (8) ayes with one (1) councilmember absent. Council President Sharon McBride -Aye Council Vice President Sheila Niezgodski -Aye Councilmember Canneth Lee -Aye Councilmember Henry Davis Jr. -Aye 3 REGULAR MEETING August 14, 2023 Councilmember Troy Warner-Ay e Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Absent Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye RESOLUTIONS None. BILLS ON FIRST READING BILL NO. 49-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE C ITY OF SOUTH BEND , INDIANA , AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF CERTAIN ADDITIONS AND IMPROVEMENTS TO THE MUNICIPAL WATER WORKS 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 MILLON 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 Clerk Jones read the bill to the Council for its first (1 st) reading. Council Vice President Niezgodski motioned to send Bill No. 49-23 to the Personnel and Finance Committee for a third (3 rd ) reading and public hearing on August 28, 2023, which was seconded by Councilmember Lee and carried by a vote of eight (8) ayes with one (1) council member absent. 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 -Absent Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye UNFINISHED BUSINESS None. NEW BUSINESS Council Vice Pre s ident Niezgodski stated that the budget kick-off will be August 16, 2023 at Pin Hook Pavilion. The City's Build the Budget website has infonnation regarding upcoming budget meetings. Councilmember Canneth Lee thanked those that paiiicipated in the backpack give away. PRIVILEGE OF THE FLOOR Elisha Gonzalez , 1348 East Dubai! Avenue, South Bend IN 46613 , spoke about an abundance of trash and wild animals in their neighborhood . Logan Foster, 1138 College Street , South Bend IN 46628 , spoke about violence in their neighborhood , and correspondence with Councilmember Davi s Jr. Steve Davis , 1126 College Street, South Bend IN 46628 , spoke about trash in their neighborhood and instances of illegal parking. ADJOURNMENT Council President McBride adjourned the meeting at 7:29 p .m . 4