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HomeMy WebLinkAbout02-06-2023 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 DA TE: 02-06-2023 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. TROY WARNER SHERRY BOLDEN-SIMPSON APPROVED BY THE COMMON COUNCIL ON: 06-10-2024 ATTEST: REGULAR MEETING February 6, 2023 Be it remembered that the Co mmon 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, February 6, 2023, at 7:00 PM. The Special Meeting to make up for the cancellation of the January 30, 2023 meeting was called to order by Council President Sharon L. McBride, and the Invocation was given by Pastor Canneth Lee 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 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/WebLink/browse.aspx?dbid=0&mediaid=362246 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 Lori K. Hamann COUNCIL MEMBERS ABSENT: Karen L. White OTHERS PRESENT: Dawn M. Jones Victoria A. Trujillo Shayla Kimbrough Adjia Sambe Bianca Tirado Bob Palmer 1st Di strict , Committee of the Whole 2nd District yd District , President 4th Di strict 5th District 6th District, Vice-President At-Large At-Large At-Large City Clerk Chief Deputy Clerk Deputy Clerk Clerk Intern Council Consultant Council Attorney Members marked with an asterisk (*) are in virtual attendance. SUB-COMMITTEE ON MINUTES January 9, 2023 Council President McBride requested reports from the Sub-Committee on Minutes. Clerk Jones stated that the Sub-Committee on Mrnutes brings forth the January 9, 2023 Common Council meeting minutes for approval. Councilmember Eli Wax stated that he did not recall receiving the January 9, 2023 Common Council meeting minutes . Councilmember Troy Warner stated that he did not recall receiving the January 9, 2023 Common Council meeting minutes. Councilmember Wax stated that there still need s to be discussion on how minutes are handled moving forward . Clerk Jones stated that due to there only being three (3) people in the Clerk's Office, they are limited in the number of minutes they can produce. REGULAR MEETING February 6, 2023 Council Pres ident McBride stated that a discussion regarding minutes should be had in the near future . There was no vo te regarding the January 9, 2023 Common Co uncil meeting minutes , hence they were not approved. SPECIAL BUSINESS Sara Stewart, 3701 Prast Boulevard , South Bend IN 46628, gave a presentation regarding Unity Gardens. The vision for Unity Gardens is to have a community with an abundance of healthy , locally grown produce . U nity Gardens improves community health physically , environmentally, socially , and economically. REPORTS FROM CITY OFFICES None. RESOLVE INTO THE COMMITTEE OF THE WHOLE Councilmember Henry Dav is Jr. motioned to re so lve into the Committee of the Whole , which was seconded by Councilmember Canneth Lee and carried by a vote of acclimation with one ( l) councilmember absent. PUBLIC HEARINGS BILL NO. 71-22 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 1502 MIAMI ST. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEN D , INDIANA Clerk Jones read the bill to the Council for its second (2 nd ) reading. After the second (2 nd ) reading, Councilmember Lee requested the committee report. Councilmember Lori Hamann stated that Bill No . 71-2 2 came before the Zoning and Annexation Committee and comes with a favorable recommendation. Councilmember Lee requested that the petitioner(s) state their name and address and share key points before the council. Rachel Boyles , Zoning Specialist, with offices on the 14 th floor of the County-City Building, stated that Bill No. 71-22 requests a special exception for minor vehicle services at property located at 1502 Miami Street. The property is owned by Shark Investments LLC and the petition comes with a favorable recommendation from the Board of Zoning Appeals. Councilmember Lee reque sted comments from the Council. Council President McBride requested clarification of the property boundaries and business services. Rachel Boyles provided a map of the property boundaries and stated that the business will only be detailing and cleaning cars inside the facility. Councilmember Hamann reque sted clarification regarding drainage . Rachel Boyles stated that drainage will remain as-is. Councilmember Lee held the public hearing, and nobody s poke. Councilrnember Lee asked the Council for comments. 2 REGULAR MEETING February 6, 2023 Councilmember Wax motioned to send Bill No . 71-22 to the Full Council with a favorable recommendation , which was seconded by Councilmember Hamann and carried by a vote of eight (8) ayes with one (I) councilmember absent. 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 -Absent Councilmember Rachel Tomas Morgan -Aye PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1144 CORBY BLVD. COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND , INDIANA Clerk Jones read the bill to the Council for its second (2 nd ) reading. After the second (2 nd ) reading, Councilmember Lee requested the committee report. Councilmember Lori Hamann stated that Bill No. 78 -22 came before the Zoning and Annexation Committee and comes with a favorable recommendation. Councilmember Lee requested that the petitioner(s) state their name and address and share key points before the council. Rachel Boyles, Zoning Spe.cialist, with offices on the 14 th floor of the County-City Building, stated that Bill No. 78 -22 request s a rezoning from Urban Neighborhood One (Ul) to Neighborhood Center (NC) for property located at 1144 Corby Boulevard . The petitioner is Five (5) Comers LLC and Bill No . 78 -22 comes with a favorable recommendation from the South Bend Planning Commission. Paul Phair, Holladay Properties , 3454 Douglas Road , South Bend IN 46635 , stated that Bill No . 78-22 will allow for the expansion of the Five (5) Corners development site. Councilmember Lee requested comments from the Council, and nobody spoke. Councilmember Lee opened the public h eari ng . Rolanda Hughes , 1029 Riverside Drive , South Bend IN 46616 , expressed an interest in pursuing more affordable housing in the neighborhood. Paul Phair stated that one hundred and eight ( 108) units are being added to the neighborhood which is expected to create a price reduction for rents overall. Paul Phair stated that the units being created are rental units catered toward college students. Council Vice President Niezgodski clarified that currently the project is being paid for entirely by private investment and Holladay Properties is not leveraging any City dollars at this time. Councilmember Tomas Morgan stated that the development will increase the amount of smaller and more affordable units. Councilmember Lee requested information regarding the average rates for the apartments. Paul Phair stated that the rent for the apartments ranges from one thousand dollars ($1,000) per month to two thousand seven hundred doll a rs ($2,700) per month. Councilmember Davis Jr. stated that some residents cannot afford many of the apartments being added to South Bend. Councilmember Warner stated that there was recently a project that is utilizing the low-income tax credit in the neighborhood that had been approved for a tax abatement. 3 REGULAR MEETING February 6, 2023 Councilmember Lee closed the public h earing and asked the Council for comments . Councilmember Warner thanked Holladay Properties for their investment in South Bend. Councilmember Tomas Morgan motioned to send Bill No. 78 -22 to the Full Council with a favorable recommendation , which was seconded by Councilmember Wax and carried by a vote of eight (8) ayes with one (1) councilmember absent. Council President Sharon McBride -Aye Co uncil 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 -Absent Councilmember Rachel Tomas Morgan -Aye RISE AND REPORT Councilmember Wax motioned to rise from the Committee of the Whole and report back to the Full Council , seco nded by Co uncil Vice President Niezgodski and carried by a vote of acclimation with one ( 1) councilmember absent. 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 (Yd) reading and action i s taken regarding bills that were heard during the Committee of the Whole. BILLS ON THE THIRD READING BILL NO . 71-22 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 1502 MIAMI ST. COUNCILMANIC DISTRICT NO . 3 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 . 71-22 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation . Councilmember Wax motioned for the passage of Bill No. 71-22 , which was seconded by Council member Lee, 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-Aye Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Aye Co uncil member Karen L. White -Absent Councilmember Rachel Tomas Morgan -Aye 78-22 THIRD R EA DING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1144 CORBY BLVD . COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND , INDIANA Clerk Jones read the bill to the Council for its third (3 rd ) reading. 4 REGULAR MEETING February 6, 2023 After the third (3 rd ) reading, President McBride requested a committee report. Councilmember Lee stated Substitute Bill No. 78-22 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember Tomas Morgan motioned for the pass age of Bill No. 78 -22 , seconded by Councilmember Wax, 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 Dav is Jr. -Aye Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye Councilmember Lori K . Hamann -Aye Councilmember Karen L. White -Absent Councilmember Rachel Tomas Morgan -Aye RESOLUTIONS BILL NO. 22-61 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , CALLING FOR REPARATORY JUSTICE Bill No. 22 -61 was tabled indefinitely and assigned to a special committee. 23-02 A RESOLUTlON OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , APPROVING A LEASE BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION AND TAKING OTHER ACTIONS RELATED THERETO Clerk Jones read the resolution to the Council. After the reading President McBride requested a committee report . Councilmember Tomas Morgan stated that Bill No. 23-02 was heard in the Community Investment 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 key points before the council. Benjamin Dougherty, Deputy City Controller, with offices on the 12 th floor of the County-City Building, stated that Bill No. 23-02 is a reso lution to approve a bond financing lease for neighborhood improvement project totalling thirty-seven million seven hundred thousand dollars ($37,700,000) and Beacon Lifestyle District parking garage project totalling twenty-eight million nine hundred thousand dollars ($28,900,000). Bill No. 23-02 contains three (3) approvals from Council: approval of a transfer of a portion of Portage Avenue, approval of the execution of the bond financing lea se, and the issuance of the bonds. Council President McBride asked the Council for comments. Council Vice President N iezgodski asked if there would be a pursuance of public input regarding Walker Field. Bejamin Dougherty answered yes. Council Vice President Niezgodski requested infonnation regarding requested grant dollars. Benjamin Dougherty stated that requested grant dollars are not guarenteed. Councilmember Wax asked if the potential agreement with Beacon will come back before the Redevelopment Commission. Benjamin Doughe1iy answered that it is the expectation. Councilmember Hamann asked who will be maintaining the parking structures in the long tenn. 5 R E GULAR MEETING Fe bruary 6, 2023 B enj amin D o ugh ert y stat ed th at th e revenu es mad e fro m th e p arkin g garages' fees wo uld b e use d to cover m a inta in e nce cost s. Councilmember H am ann stat ed that she beli eves th e vote is prem ature, and w ould b e be ne fici al to ta bl e Bill No . 23 -02. Councilm emb er Dav is Jr. stated suppo ti fo r Co un c ilm emb er H amann 's requ es t. B enj amin D o ug he1iy stat ed th at Co un c il 's app rova l is b enefi c ial w he n di scu ss in g w ith project stak eho ld ers. Coun c il m emb er Lee re qu es ted clarit y rega rdin g the d es ired res ult s of th e b o nd s . B enj amin D o u g hert y stated th at th e C it y will own th e parkin g garages a nd th ere will be th e co nstru cti o n o f new wate r fea tures and o th e r impro ve m ent s of Ri ver Wes t pro j ects. Coun c ilm emb er Dav is Jr. stated th at So uth B e nd need s more impro ve m ents th an wate rp ark s and parkin g garages . Co un c il Pres id ent M cBrid e stated th at th e improvem e nt s b ein g m ad e at Beaco n are imp rov in g th e leve l of m edi cal ca re So uth B end res id ent s ca n be g iven , and st at ed th at B eaco n is in ves tin g fo ur hund re d milli o n d o ll a rs ($400 ,0 00 ,000) to imp rove th e ir fac iliti es . Councilmemb er H am ann stated th at th e seri es bo nd s in Bill No. 23-02 sh o uld be se parated into two (2 ) different r eso luti o ns . Co un cilm emb er D av is Jr. as ked if h os ptita ls a re tax exempt. B enj amin D ou g herty stated th at Ho s ptit a ls are exempt fr o m p ay in g pro pert y taxes. Co un cilm emb er Wa rn e r stat ed th at Bill No . 23 -02 w ill res ult in new a p artm ent s , a new h o te l, in creased m edi ca l fac iliti es, and in cr eased reta il s pace. Co un cilm emb er Dav is Jr. st ated th at th e imp rove m ent s w ill be res tri cted to o ne (I ) area . Co un c il Pres id ent M cBrid e o pened th e publi c hearin g. R o land a Hu g h es , I 029 Ri vers id e Dri ve , So uth Be nd l 4 66 16 , st at ed s upp o rt fo r Coun c ilm emb er H am ann 's requ es t to ta bl e Bill No . 23-02 . Co un c il Pres id ent M cBrid e closed th e p ubli c hea rin g and asked th e Co unil fo r co mm ent s. Co un cilm emb e r H am ann st ated that Bill No . 23 -02 sho uld be s plit into two (2) reso luti o ns . Phil Facce nd a ra ised co nce rn s regardin g sep arating Bill No . 23 -02 . B o b P alm er stated th at se paratin g Bill No . 23-02 is poss ibl e. Counc ilm ember D av is Jr. mo ti o ned to di v id e Bill No . 23 -02 into two se parate reso luti o ns, o ne (1) fo r Serie s A bo nd s and o ne (1) fo r Seri es B bo nd s , w hi ch was seco nd ed by Co un c ilm emb e r H am ann , and fa il ed by a vo te of two (2) ayes , s ix (6) nays, and o n e (I ) co un c ilm emb er ab se nt. Coun c il Pres id ent S haro n M cBrid e -Nay Coun cil Vi ce Pres id ent Sh e il a Ni ezgo d ski -Nay Coun cilm emb er Cann eth Lee -Nay Coun cilm emb er He nry D av is Jr. -Aye C ounc ilm emb er T roy W arn er-Nay Co un c ilm emb er E li W ax -Nay Coun c ilm emb er Lo ri K . H am ann -Aye Co un c ilm emb er K aren L. White -Absen t Co un cilm emb er R ac he l To m as M o rga n -Na y Co uncilm ember D av is Jr. motio ned to ad d a co ntin gency to Bill No . 23 -02 th at requires furth e r Co un c il appro val aft er th e agreem ent is m ad e but befo re th e R ed eve lo pm ent Co mmi ss ion vo t es o n th e app roval of th e bo nd s , whi ch was seco nd ed by Coun cilm emb e r H am ann , and fail ed by a vo t e o f tw o (2 ) ayes, s ix (6) nays , and o ne (I ) co un c il m emb er ab se nt. Coun cil Pres id ent Sharo n McBrid e -Na y Co un c il Vice Pres id ent She il a Ni ezgo d ski -Nay Co un c ilmemb er Cann eth Lee -Na y Co un c ilm emb e r Henry Dav is Jr. -Aye Counc ilmernber Tro y W arn er-Nay Co un c ilm embe r E li W a x -Nay 6 REGULAR MEETING February 6, 2023 Councilmember Lori K . Hamann -Aye Councilmember Karen L. White -Absent Councilmember Rachel Tomas Morgan -Na y Councilmember Warner motioned for the adoption of Bill No . 23-02 , seconded by Councilmember Tomas Morgan , and carried by a vote of seven (7) ayes , one (1) n ay , and one (1) councilmember absent. Council President Sharon McBride -Aye Council Vic e 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 -Absent Councilmember Rachel Tomas Morgan -Aye BILLS ON FIRST READING BILL NO . 01-23 FIRST READING 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 COUN CILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND , INDIANA Clerk-Jones read the bill to the Council for its first (1 st) reading . Co un cilmemb er Lee m oti oned to send Bill No . 01-23 to the Zoning and Annexation Committee for public hearing and third (3 rd ) reading on February 27, 2023 , which wa s seconded by Counci lm emb er D av is Jr. and carried by a vote of acclimation with one ( 1) councilmember absent. 02-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SO UTH B END , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 407 , 409 AND 411 MARION ST. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND , INDIANA Clerk Jones read the bill to the Council for its first (1 st) reading. Co uncilmemb er Wax mo ti on ed to send Bill No . 02-23 to the South Bend Planning Commission on February 10, 2023 , and to the Zoning and Annexation Committee for a public h earing and third (3 rd ) reading on February 27, 2023 , which was seconded by Cou nci lmemb er H am ann , and carri ed by a vote of acclimation with one (1) councilmember absent. UNFINISHED BUSINESS Council President McBride reminded councilmembers to schedule their respective committee organi zational meetings. Councilmember Hamann stated that a fully-functioning C ommunity Police Review Board (CRB) is overdue. Council President McBride stated that the CRB is currently undergoing interviews for positions. NEW BUSINESS Council President McBride stated that Mayor James Mueller 's Annual Financial Address to the Council will be on February 13 , 2023 . Councilmember Lee stated that there will be an envisioning session for the Near Northwest Neighborhood twenty-year (20) plan on February 15, 2023 . 7 REGULAR MEETING February 6, 2023 Council President McBride stated that there will be a Meet the Mayor event on February 14, 2023. Council Vice President Niezgodski stated that La Casa de Amistad will be hosting a 2045 plan meeting on February 16, 2023 , and stated that volunteers are needed for the Memorial Day Parade. PRIVILEGE OF THE FLOOR Sharon Banicki , 3822 Ford Street, South Bend IN 46619 , spoke regarding a streetlight. Sue Kesim , 4022 Kennedy Drive , South Bend IN 46614 , spoke regarding the City website , the City's Facebook page, the time allotted for privilege of the floor , meeting minutes , and tax abatement research. Lakeyue Williams , 1821 Kemble Avenue , South Bend lN 46613 , spoke regarding investments. Rolanda Hughes , 1029 Riverside Dri ve , South Bend IN 46616 , inquired about a reparations resolution. Council President McBride stated that a special committee team is exploring a reparations bill. ADJOURNMENT Council President McBride adjourned the meeting at 9 :30 p.m. 8