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HomeMy WebLinkAbout06-26-2023 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: 06-26-2023 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: 06-24-2024 ATTEST: ~~ BIANCA L . TIRADO, C ~ REGULAR MEETING June 26, 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 26, 2023, at 7:00 PM. The meeting was called to order by Council President Sharon L. McBride, and the Invocation was given by Elder Darrell Sanders of the Christian Center 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=365489 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 3rd District, President 4 th 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 March 27, 2023 May 22, 2023 Council President McBride requested reports from the Sub-Committee on Minutes. Clerk Jones stated that the Sub-Committee on Minutes brings forth the March 27, 2023 and May 22, 2023 Common Council meeting minutes for approval. Due to poor audio quality the councilmember that motioned to approve the March 27, 2023 and May 22, 2023 Common Council meeting minutes , and the councilmember that seconded the motion are unidentified ; however the motion was carried via a vote by voice. SPECIAL BUSINESS REGULAR MEETING June 26, 2023 None. REPORTS FROM CITY OFFICES Jitin Kain, Deputy Director of Public Works , with offices on the 13 th floor of the County-City Building, gave an update regarding the improvement of neighborhood alleys. 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 via a vote by voice. PUBLIC HEARINGS BILL NO. 21-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINAN CE FOR PROPERTY LOCATED 1301 AND 1305 ELWOOD AVE. COUNCILMANIC DISTRICT NO. 1 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 No. 2 1-23 was heard in 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. Angela Smith , Zoning Administrator, with offices on the 14 th floor of the County-City Building stated that Bill No . 2 1-23 seeks to rezone property located at 1301 and 1305 Elwood Avenue from Urban Neighborhood One (Ul) to Neighborhood Center (NC). Praveen Gulati , petitioner, s poke in favor of Bill No . 2 1-23. Councilmember Lee asked the Council for comments , and nobody spoke. Councilmember Lee held the public hearing , and nobody spoke. Councilmember Hamann thanked the petitioner for their investment in South Bend. Councilmember Lee thanked the petitioner for taking into condition the opinions of councilmembers and residents. Councilmember Warner motioned to send Bill No. 2 1-23 to the Full Council with a favorable recommendation , 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 Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 24-23 2 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 1127 , 1131 , AND 1135 WEST WESTERN A VENUE , COUNCILMANIC REGULAR MEETING June 26, 2023 DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Bill No. 24-23 was tabled until July 10, 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 , COUNCILMANIC DISTRICT NO. 3 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 No . 25-23 was heard in 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. Angela Smith , Zoning Administrator, with offices on the 14 th floor of the County-City Building stated that Bill No . 25-23 seeks a use variance to allow for urban agriculture . Councilmember Lee asked the Council for comments , and nobody spoke. Councilmember Lee held the public hearing, and nobody spoke. Council President McBride stated that she is excited for the third (3 rd ) district. Councilmember Lee thanked the petitioner for their work. Councilmember Wax motioned to send Second (2 nd ) Substitute Bill No. 15-23 to the Full Council with a favorable recommendation , which was 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 Council member Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 27-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE 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 Bill No. 27-23 was tabled until July 24, 2023 . Councilmember Wax motioned to hear Bill No . 28-23 , Bill No . 29-23 , Bill No. 30-23 , Bill No. 31-23 , Bill No . 32-23 , Bill No . 33-23 , Bill No . 34-23 , Bill No . 36-23 , Substitute Bill No . 37-23 , and Substitute Bill N o. 3 8-23 together , which was seconded by Councilmember Hamann and carried via a vote by voice . 28-23 3 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING REGULAR MEETING 29-23 30-23 31-23 32-23 33-23 34-23 36-23 4 June 26, 2023 THEZONING ORDINANCE FOR PROPERTY LOCATED 735 AND 737 CLEVELAND , COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND , INDIANA PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , lNDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 752 CLEVELAND , 1216 AND 1218 VAN BUREN, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 901 AND 905 BLAINE AVE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 909 AND 911 SHERMAN COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND , INDIANA PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA, AMENDING THEZONING ORDINANCE FOR PROPERTY LOCATED 735 AND 737 CLEVELAND , COUNClLMANIC DlSTRICT NO. 2 IN THE CfTY OF SOUTH BEND , INDIANA PUBLIC HEARING ON AN ORDINANCE OF THE COMMON CO UN Cl L OF THE CITY OF THE SOUTH BEND , INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 816 AND 822 LAWNDALE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND , INDIANA PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 744 AND 746 CLEVELAND COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND , INDIANA PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 809 AND 813 CLEVELAND COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND , INDIANA REGULAR MEETING 37-23 June 26, 2023 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1215 AND 1217 VAN BUREN COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND , INDIANA (SUBSTITUTE) Councilmember Wax motioned to accept Substitute Bill No. 37-23, which was seconded by Council President McBride and carried via a vote by voice. 38-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1202 S LAFAYETTE COUNCILMANIC DISTRICT NO . 2 IN THE CITY OF SOUTH BEND , INDIANA (SUBSTITUTE) Councilmember Wax motioned to accept Substitute Bill No . 38-23, which was seconded by Council President McBride and carried via a vote by voice. Clerk Jones read the bills to the Council for their seco nd (2 nd ) reading. Councilmember Lee requested the committee reports. Councilmember Hamann stated that Bill No. 28-23, Bill No. 29-23 , Bill No . 30-23, Bill No. 31- 23, Bill No . 32-23 , Bill No. 33-23 , Bill No . 34-23 , Bill No. 36-23 , Substitute Bill No. 37-23, and Substitute Bill No . 38-23 were all heard in the Zoning and Annexation Committee, and all come with a favorable recommendation. Councilmember Lee requested that the petitioner(s) state their name and address and share key points before the council. Angela Smith , Zoning Administrator, with offices on the 14 th floor of the County-City Building stated that Bill No. 28-23, Bill No. 29-23 , Bill No. 30-23, Bill No. 31-23 , Bill No. 32-23, Bill No. 33-23 , Bill No . 34-23 , Bill No . 36-23 , and Substitute Bill No. 37-23 all seek to rezone property from Urban Neighborhood One (Ul) to Urban Neighborhood Two (U2). Substitute Bill No . 38- 23 seeks to rezone property from Industrial (I) to Urban Neighborhood Three (U3). All of the bills come with favorable recommendations from the South Bend Planning Commission. Joe Molnar, Property Development Manager, with offices on the 14th floor of the County-City Building, stated that all the rezonings are related to the Low-Income Housing Tax Credit (LIHTC). Todd Jenson , Vice President of KCG Companies in Indianapolis Indiana, was present. Brandon Shields , Broker and Business Development Manager for Advantix Development Corporation, is excited to move forward . Councilmember Lee asked the Council for comments. Councilmember Davis Jr. requested clarification regarding Advantix. Brandon Shields stated that Advantix is the development and construction arm of the Evansville Housing Authority. Councilmember Davi s Jr. asked if there was an opportunity given to the South Bend Housing Authority to participate in the project. Caleb Bauer, Community Investment, with offices on the 14 th floor , stated that the LIHTC development market is quite competitive, and if the South Bend Housing Authority created a nonprofit development arm, they too could compete in the LIHTC market. 5 REGULAR MEETING June 26, 2023 Councilmember Wax stated that the project had a public Reque st for Propo sal (RFP). Councilmember Lee stated that thi s project will help create low-income housing . Councilmember Lee held the public hearings for Bill No . 28-23, Bill No. 29-23 , Bill No. 30-23, Bill No. 31-23, Bill No. 32-23, Bill No. 33-23 , Bill No. 34-23, Bill No. 36-23 , Substitute Bill No. 37-23 , and Substitute Bill No. 38-23 and nobody spoke. Councilmember Wax thanked the developers , the Redevelopment Commission, and the City. Councilmember Karen White motioned to send Bill No. 28-23 to the Full Council with a favorable recommendation, which was seconded by Council President McBride and carried by a vote of nine (9) ayes. Council President Sharon McBride -Aye Council Vice President Sheila Niezgodski -Aye Councilmember Cannetl1 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 Councilmember Warner motioned to send Bill No. 29-23 to the Full Council with a favorable recommendation , which was seconded by Councilmember Tomas Morgan 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-Ay e Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Tomas Morgan motioned to send Bill No . 30-23 to the Full Council with a favorable recommendation , which was seconded by Council President McBride 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. -Ay e Councilmember Troy Warner-Ay e Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Ay e Councilmember Warner motioned to send Bill No. 31-23 to the Full Council with a favorable recommendation, 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 -Ay e Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Tomas Morgan motioned to send Bill No. 32-23 to the Full Council with a favorable recommendation , which was seconded by Council Vice Pres ident Niezgodski and carried by a vote of nine (9) ayes. Council President Sharon McBride -Ay e Council Vice President Sheila Niezgodski -Aye Councilmember Canneth Lee -Aye Councilmember Henry Davis Jr. -Aye Councilmember Troy Warner -Aye Councilmernber Eli Wax -Aye Councilrnember Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 6 REGULAR MEETING June 26, 2023 Councilmember White motioned to send Bill No. 33-23 to the Full Council with a favorable recommendation , which was seconded by Council President McBride 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 -A ye Councilmember Lori K . Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Warner motioned to send Bill No . 34-23 to the Full Council with a favorable recommendation , 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 Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Tomas Morgan motioned to send Bill No . 36-23 to the Full Council with a favorable recommendation, which was seconded by Councilmember White 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-A y e Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye Council President McBride motioned to send Substitute Bill No. 37-23 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 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 Council President McBride motioned to send Substitute Bill No. 38-23 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 Niezgodski -Aye Councilmember Canneth Lee -Aye Councilmember Henry Davis Jr. -Aye Councilmember Troy Warner -Aye Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -A ye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 35-23 Substitute Bill No. 35-23 was withdrawn. 7 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED l 004 S FRANKLIN COUNCILMANIC DISTRICT NO . 2 IN THE CITY OF SOUTH BEND , INDIANA (SUBSTITUTE) REGULAR MEETING June 26, 2023 39-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA , APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2023 OF $110 ,654 FROM THE GENERAL FUND (#101), $1,195 ,000 FROM THE PARKS AND RECREATION FUND (#201), $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 THE 2017 PARK BOND CAPITAL FUND (#471), $100 ,000 FROM THE PARKING GARAGES FUND (#601), $100,000 FROM THE SEW AGE WORKS OPERATIONS FUND (#641 ), AND $60 ,000 FROM THE CENTURY CENTER CAP IT AL FUND (#671) (SUBSTITUTE) Councilmember Wax motioned to accept Substitute Bill No . 39-23 , which was seconded by Councilmember Warner and carried via a v ote by voice. Clerk Jones read the substitute bill to the Council for its second (2 nd ) reading. Councilmember Lee requested the committee report. Council Vice President Niezgodski stated that Sub stitute Bill N o. 39-23 was heard m the Personnel and Finance Committee and comes with a favorable recommendation. Councilmember Lee requested that the petitioner(s) state their name and addre ss and share key points before the council. Kyle Willis , City Controller, with offices on the 12 th floor of the County-City Building, stated that Substitute Bill No . 39-23 covers additional funding appropriations. Councilmember Lee asked the Council for comments , and nobody spoke. Councilmember Lee held the public hearing, and nobody spoke. Council Vice President Nie zgodski motioned to send Substitute Bill No. 39-23 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 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 40-23 PUBLIC HEARING 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 it s second (2 nd ) reading. Councilmember Lee requested the committee report . Council Vice President Niezgodski stated that Bill No. 40-23 wa s heard in the Personnel and Finance 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. 8 REGULAR MEETING June 26, 2023 Kyle Willis , City Controller, with offices on the 12 th floor of the County-City Building, stated that Bill No. 40-23 covers budget transfers for various departments . Councilmember Lee asked the Council for comments , and nobody spoke. Councilmember Lee held the public hearing , and nobody spoke. Councilmember Hamann thanked the petitioner for their investment in South Bend. Councilmember Lee thanked the petitioner for taking into condition the opm10n s of councilmembers and residents. Councilmember White motioned to send Bill No . 40-23 to the Full Council with a favorable recommendation , 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 Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 41-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING ORDINANCE NO. 10894-22 , WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NONBARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2023 , TO EST AB LISH ONE NEW FULL-TIME POSITION (SUBSTITUTE) Councilmember White motioned to accept Substitute Bill No . 39-23 , which was seconded by Council Vice President Niezgodski and carried via a vote by voice. Clerk Jones read the substitute bill to the Council for its second (2 nd ) reading . Councilmember Lee requested the committee report. Council Vice President Niezgodski stated that Substitute Bill No . 41-23 was heard m the Personnel and Finance 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. Kyle Willis, City Controller, with offices on the 12 th floor of the County-City Building, stated that Substitute Bill No . 41-2 3 amends the list of non-bargaining City positions and max salaries , establishes a new full-time position. Councilmember Lee asked the Council for comments , and nobody spoke. Councilmember Lee held the public hearing, and nobody spoke. Councilmember White motioned to send Substitute Bill No . 41-23 to the Full Council with a favorable recommendation , 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 Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 9 REGULAR MEETING 42-23 June 26, 2023 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , CREATING THE 2023 TIF BOND SERIES A CAPITAL FUND (#456) Clerk Jones read the bill to the Council for its second (2 nd ) reading. Councilmember Lee requested the committee report. Council Vice Pre si dent Niezgodski stated that Bill No . 42-23 was heard in the Perso nnel and Finance 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. Kyle Willis , City Controller, with offices on the 12 th floor of the County-City Building, stated that Bill No. 42-23 creates th e 2023 TIF Bond Series A Capital Fund . Councilmember Lee asked the Council for comments , and nobody spoke. Councilmember Lee held the public hearing , and nobody spoke. Councilmember Tomas Morgan motioned to se nd Bill N o. 42-23 to the Full Council with a favorable recommendation , which was seconded by Council Vice President Niezgodski and carried by a vote of nine (9) ayes. Council Pre si dent Sharon McBride -Aye Councilmember Canneth Lee -Aye Councilmember Troy Warner-Aye Councilmember Lori K. Hamann -Aye Council Vice President Sheila Niezgo dski -Aye Councilmember Henry Davi s Jr. -Aye --------; Councilmember Eli Wax -Aye ---------< Councilmember Karen L. White -Aye --------; Councilmember Rachel Tomas Morgan -Aye 43-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE C ITY OF THE SOUTH BEND , INDIANA , ADDING CHAPTER 14 , ARTICLE 10 , SECTIONS 14-61 THROUGH AND INCLUDING 14-63 ADDRESSING EXTERMINATION/PEST CONTROL IN RESIDENTIAL RENT AL UNITS Bill No. 27-23 was tabled until July 24, 2023. RISE AND REPORT Councilmernber Hamann motioned to rise from the Committee of the Whole and report back to the Full Council , which was seco nded by Co uncil Vice Pres ident Niezgodski and carried via a vot by voice. REGULAR MEETING RE CONVENED President McBride stated th e 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. 21-23 10 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1301 AND 1305 ELWOOD AVE. REGULAR MEETING June 26, 2023 COUNCILMANIC DISTRICT NO. CITY OF SOUTH BEND, INDIANA IN THE Deputy Clerk Kenneth Hardy 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. 21-23 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember White motioned to adopt Bill No . 21-23 , 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 25-23 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 1436 BOWMAN . COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND , INDIANA Deputy Clerk Kenneth Hardy 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 . 25-23 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 . 25-23, 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 Davis Jr. -Ay e Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 28-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 735 AND 737 CLEVELAND , COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND , INDIANA Deputy Clerk Kenneth Hardy 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 . 28-23 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember Hamann motioned to adopt Bill No . 28-23 , seconded by Councilmember Lee, 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 26~ 2023 Counci lm ember Canneth Lee -Ay e Counci lm ember Henry Davis Jr. -Aye Counci l member Troy Warner-A ye Councilm ember Eli Wax -Aye Counci lm ember Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 29-23 THIRD READING ON AN ORDINANC THE COMMON COUNCIL OF THE CI E OF TY OF NDING ERTY D 1218 TNO. THE SOUTH BEND , INDIANA, AME THE ZONING ORDINANCE FOR PROP LOCATED 752 CLEVELAND , 1216 AN VAN BUREN , COUNCILMANIC DISTRIC 1 IN THE CITY OF SOUTH BEND , INDIA NA Deputy C lerk Kenneth Hardy read the bill to the Counci l for its third (3 rd ) reading . After the third (3 rd ) reading, President McBride requested a committee report. Counci lm ember Lee stated Bill No . 29-23 was heard in the Committee of the Whole and comes to the Fu ll Council with a favorab le recommendation. Councilmember Lee motioned to adopt Bill No. 29-23 , seconded by Counci lm ember Warner, and carried by a vote of nine (9) ayes. Council President Sharon McBride -Aye Counci l Vice President Sheila Niezgodski -Ay e Councilmember Cann eth Lee -Aye Counci lm ember Henry Davis Jr. -Aye Counci lm ember Troy Warner-Aye Counci lmember Eli Wax -Aye Counci lm ember Lori K . Hamann -Aye Counci l member Karen L. White -Ay e Counci lm ember Rachel Tomas Morgan -Aye 30 -23 THIRD READING ON AN ORDINAN THE COMMON COUNCIL OF THE CI CE OF TY OF NDING PERTY THE SOUTH BEND, INDIANA, AME THE ZONING ORDINANCE FOR PRO LOCATED 90 1 AND 905 BLAINE COUNCILMAN IC DISTRICT NO. 2 IN CITY OF SOUTH BEND , INDIANA AVE THE Deputy C lerk Kenneth Hardy read the bill to the Council for its third (3 rd ) reading. After the third (3 rd ) reading, President McBride requested a committee report . Cou nci lm ember Lee stated Bill No . 30-23 was heard in the Committee of the Whole and comes to the Fu ll Council with a favorab le recommendation. Councilmember Tomas Morgan motioned to adopt Bill No. 30-23 , seconded by Counc ii Vice President Niezgodski , and carried by a vote of nine (9) ayes . Council President Sharon McBride -Aye Council Vice President Sh eila Niezgodski -Aye Councilm ember Canneth Lee -Aye Counci lm ember Henry Davis Jr. -Ay e Councilmember Troy Warner-Aye Counci lm ember Eli Wax -Aye Counci lm ember Lori K. Hamann -Aye Counci lmember Karen L. White -Aye Cou ncilm ember Rachel Tomas Morgan -Aye 31 -23 12 THIRD READING ON AN ORDINAN CE OF TY OF NDING PERTY RMAN THE COMMON COUNCIL OF THE Cl THE SOUTH BEND, INDIANA, AME THE ZONING ORDINANCE FOR PRO LOCATED 909 AND 9 11 SHE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND , INDIANA REGULAR MEETING June 26, 2023 Deputy Clerk Kenneth Hardy 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 . 31-23 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 . 31-23 , 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-Ay e Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 32-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 906 AND 910 LAWNDALE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Deputy Clerk Kenneth Hardy 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. 32-23 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember Hamann motioned to adopt Bill No . 32-23 , 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 Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 33-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 816 A D 822 LAWNDALE COUNCILMANIC DISTRICT NO . 2 IN THE CITY OF SOUTH BEND , INDIANA Deputy Clerk Kenneth Hardy 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 . 33-23 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Council Vice President Niezgodski motioned to adopt Bill No . 33-23, 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 -Ay e Councilmember Henry Davis Jr. -Ay e Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 13 REGULAR MEETING June 26, 2023 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 744 AND 746 CLEVELAND COUNCILMANIC DISTRICT NO . 1 IN THE CITY OF SOUTH BEND , INDIANA AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 744 AND 746 CLEVELAND COUNCILMANIC DISTRICT NO . 1 IN THE CITY OF SOUTH BEND , INDIANA Deputy Clerk Kenneth Hardy read the bill to the Council for its third (3 rd ) reading . After the third (Yd) reading, President McBride requested a committee report. Councilmember Lee stated Bill No . 34-23 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember White motioned to adopt Bill No. 34-23, s econded 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 Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 36-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 809 AND 813 CLEVELAND COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND , INDIANA Deputy Clerk Kenneth Hardy 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 N o. 36-23 wa s heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember White motioned to adopt Bill No . 36-23 , seconded by Councilmember Tomas Morgan , and carried by a vote of nine (9) ayes. Council President Sharon McBride -Aye Council Vice President Sheila Nie zgodski -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 37-23 14 THIRD READING ON AN ORDINANCE OF THE COMMON COU NCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1215 AND 1217 VAN BUREN COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA (SUBSTITUTE) REGULAR MEETING June 26, 2023 Deputy Clerk Kenneth Hardy read the 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 Substitute Bill No . 3 7-23 was heard in the Committee of the Whole and comes to the Full Council with a favorabl e recommendation . Council Vice President Niezgodski motioned to adopt Substitute Bill No . 3 7-23 , 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 -Ay e 38-23 THIRD READING O AN ORDINANC E OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1202 S LAFAYETTE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND , INDIANA (SUBSTITUTE) Deputy Clerk Kenneth Hardy read the 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 Substitute Bill No . 38-23 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation . Councilmember Hamann motioned to adopt Substitute Bill No. 38-23 , seconded by Council Vice President Niez godski , 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 -Ay e 39-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2023 OF $110 ,654 FROM THE GENERAL FUND (#101), $1,195 ,000 FROM THE PARKS AND RECREATION FUND (#201), $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 THE 2017 PARK BOND CAPITAL FUND (#471), $100 ,000 FROM THE PARKING GARAGES FUND (#601), $100 ,000 FROM THE SEW AGE WORKS OPERATIONS FUND (#641 ), AND $60 ,000 FROM THE CENTURY CENTER CAPITAL FUND (#671) (SUBSTITUTE) Deputy Clerk Kenneth Hardy read the substitute bill to the Council for its third (3 rd ) reading . After the third (3 rd ) reading, President McBride requested a committee report. 15 REGULAR MEETING June 26, 2023 Councilmember Lee stated Substitute Bill No . 39-23 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation . Council Vice President Niezgodski motioned to adopt Substitute Bill No . 39-23 , 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-Ay e Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 40-23 THIRD 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 Deputy Clerk Kenneth Hardy 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. 40-23 was heard in the Committee of the Whole and comes to the Full Council with a fa vorable recommendation. Councilmember White motioned to adopt Bill No . 40-23, 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 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AMENDING ORDINANCE NO. 10894-22 , WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFI CERS AND NON- BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2023 , TO ESTABLISH ONE NEW FULL-TIME POSITION Deputy Clerk Kenneth Hardy 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 . 41-23 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 . 41-23 , seconded by Councilmember Tomas Morgan , 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 16 REGULAR MEETING 42-23 June 26, 2023 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , CREA TING THE 2023 TIF BOND SERIES A CAPITAL FUND (#456) Deputy Clerk Kenneth Hardy read the bill to the Council for its third (Yd) reading. After the third (3 rd ) reading, President McBride requested a committee report. Councilmember Lee stated Bill No . 42-23 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember Tomas Morgan motioned to correct a scrivener's error to reflect the creation of the "2023 TIF Bond Series A Capital Fund ," which was seconded by Councilmember Lee and carried via a vote by voice. Councilmember White motioned to adopt Bill No . 42-23 , 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 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 RESOLUTIONS BILL NO. 23-34 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 1405 PORTAGE AVENUE , SOUTH BEND , IN 46616 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) REAL PROPERTY TAX ABATEMENT FOR PEAK INVESTMENT AND ASSET MANAGEMENT LLC Clerk Jones read the resolution to the Council. After the reading President McBride requested a committee report. Councilmember Tomas Morgan stated that Bill No . 23-34 was heard in the Community Investment Committee and comes to th e 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. Erik Glavich , Director of Growth and Opportunity , with offices on the 14 th floor of the County- City Building, stated that Bill No . 23-34 is a declaratory resolution for a five-year (5) retail development real property tax abatement for Peak Investment and Asset Management LLC. Council President McBride asked Councilmembers for comments. Councilmember Lee motioned to correct a scrivener 's error changing the zip code from "46616" to "46628 ," which was seconded by Councilmember Hamann and carried via a vote by voice. Councilmember Davis Jr. requested infonnation regarding the future businesses that will be in the shopping center to be located at 1405 Portage A venue. 17 REGULAR MEETING June 26, 2023 Praveen Gulati, petitioner stated that there will be a quick service restaurant , a cafe, a physical therapy clinic, a grocery store, a barber shop , and whichever other retail will come along. Erik Glavich stated that the original zip code was correct. Councilmember Lee motioned to revert the bill to its original title , which was seconded by Councilmember Warner and carried via a vote by voice. Council President McBride held the public hearing, and nobody spoke. Councilmember Lee thanked the petitioner. Councilmember Warner motioned to adopt Bill No. 23-34 , which was seconded by Councilmember Tomas Morgan 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 A RESOLUTlON 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 1202 SOUTH LAFAYETTE BOULEVARD , SOUTH BEND , IN 46624 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR KCG COMPANIES. LLC Clerk Jones read the resolution to the Council. After the reading President McBride requested a committee report. Councilmember Tomas Morgan stated that Bill No . 23-35 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. Erik Glavich , Director of Growth and Opportunity , with offices on the 14 th floor of the County- City Building, stated that Bill No . 23-35 is a declaratory resolution for a ten-year (I 0) multi- family developmental real property tax abatement petition for KCG Companies, LLC , and is one (1) of two (2) LIHTC projects the City is supporting. Council President McBride asked Councilmembers for comments, and nobody spoke. Council President McBride held the public hearing, and nobody spoke. Councilmember Warner motioned to adopt Bill No. 23-35 , which was seconded by Councilmember Lee and carried 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. -Na y Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Ay e 23-36 18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDlANA , CONFIRMING THE ADOPTION OF REGULAR MEETING June 26, 2023 A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND , INDIANA, COMMONLY KNOWN AS 5448 DYLAN DRIV E, 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. Councilmember Tomas Morgan stated that Bill No . 23-36 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. Erik Glavich, Director of Growth and Opportunity , with offices on the 14 th floor of the County- City Building, stated that Bill No. 23 -36 is a confirming resolution for a nine-year (9) industrial development real property tax abatement petition for GLC Portage Prairie, LLC . Council President McBride asked Councilmembers for comments, and nobody spoke . Council President McBride held the public hearing, and nobody spoke. Councilmember Warner thanked the petitioner. Councilmember Lee thanked the petitioner. Councilmember Warner motioned to adopt Bill No. 23-35, which was seconded by Councilmember White and carried by a vote of nine (9) ayes. Council President Sharon McBride -Ay e 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 -Ay e Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 23-37 19 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , CONFI RMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND , INDIANA , COMMONLY KNOWN AS 516 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 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, INDIANA , COMMONLY KNOWN AS 516 SOUTH MICHIGAN STREET, SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR REGULAR MEETING June 26, 2023 PURPOSES OF A TWO-YEAR (2) VACANT BUILDING TAX ABATEMENT FOR HERSTORIC PROPERTIES , LLC Council Vice President Niezgodski motioned to hear Bill No. 23 -3 7 and Bill No. 23-38 together , which was seconded by Councilmember White and canied via a vote by voice. Clerk Jones read the resolutions to the Council. After the reading President McBride requested the committee reports . Councilmember Tomas Morgan stated that Bill No. 23-37 and Bill No . 23 -38 were both heard in the Community Investment Co mmittee , 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 , with offices on the 14 th floor of the County- City Building, stated that Bill No. 23-3 7 is a resolution con finning the adoption of a declaratory resolution designating South 516 Michigan Street an economic revitalization area for purposes of a six-year (6) real property tax abatement for Herstoric Properties , LLC. Erik Glavich stated that Bill No. 23 -38 is a resolution confinning the adoption of a declaratory resolution designating South 516 Michigan Street an economic revitali za tion area for purpo ses of a two-year (2) vacant building tax abatement for Herstoric Properties . Council President McBride asked Councilmembers for comments, and nobody spoke. Council President McBride held the public hearing , and nobody spoke. Councilmember Davis Jr. asked if the City would help with curbs and sidewalks in front of the properties. Erik Glavich stated that the City has been having discussion s regarding supporting the petitioner. Councilmember Tomas Morgan thanked the petitioner. Co uncilmember Lee motioned to adopt Bill No. 23-3 7, which was seconded by Councilmember Warner 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 Councilmember Lee motioned to adopt Bill No. 23-38 , which was seconded by Councilmember Warner 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-Aye Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Aye Council member Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 23-39 20 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH B END , INDIANA , CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND , INDIANA , COMMONLY KNOWN AS 504 SOUTH LAFAYETTE BOULEY ARD, SOUTH BEND , IN 46601 AN ECONOMIC REVITALIZATION REGULAR MEETING June 26, 2023 AREA FOR PURPOSES OF AN EIGHT-YEAR (8) REAL PROPERTY TAX ABATEMENT FOR REAL AMERICA DEVELOPMENT, LLC Clerk Jones read the resolution to the Council. After the reading President McBride requested a committee report . Councilmember Tomas Morgan stated that Bill No . 23-39 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. Erik Glavich , Director of Growth and Opportunity , with offices on the 14 th floor of the County- City Building, stated that Bill No. 23 -39 is a confirming resolution for an eight-year (8) mixed use development real property tax abatement for Real America Development, LLC . Council President McBride asked Councilmembers for comments , and nobody spoke. Council President McBride held the public hearing, and nobody spoke. Councilmember Warner thanked the petitioner. Councilmember Lee thanked the petitioner. Councilmember Tomas Morgan motioned to adopt Bill No. 23-39, which was seconded by Councilmember Lee and carried 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. -Nay Councilmember Troy Warner-Aye Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 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 MULTIPLE PROPERTIES AN ECONOMIC REVIT ALIZA TI ON AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR ADV ANTIX DEVELOPMENT CORPORATION 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 -40 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. Erik Glavich , Director of Growth and Opportunity , with offices on the 14 th floor of the County- City Building, stated that Bill No. 23 -36 is a declaratory resolution for a ten-year (10) multi- family development real property tax abatement petition for Advantix Development Corporation. Council President McBride asked Councilmembers for comments , and nobody spoke. Council President McBride held the public hearing, and nobody spoke. Councilmember Warner thanked everyone that worked on the RFP . 21 REGULAR MEETING June 26, 2023 Councilmember White motioned to adopt Bill No . 23-40 , 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 -A ye 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 BILLS ON FIRST READING BILL NO . 44-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND , INDIANA , AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1006 ST VINCENT STREET COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOU TH BEND , INDIANA Clerk Jones read the bill to the Council for its first (1 st) reading. Counci lmem ber Hamann motioned to send Bill No . 44-23 to the South Bend Planning Commission on July 17, 2023 , and to the Zoning and Annexation Committee for a public hearing and third (3 rd ) reading on July 24, 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 Davis Jr. -Aye Councilmember Tro y Warner-Aye Councilmember Eli Wax -Aye Councilmember Lori K. Hamann -Aye Councilmember Karen L. White -Aye Councilmember Rachel Tomas Morgan -Aye 45-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE C ITY OF THE SOUTH BEND , INDIANA , AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1018 N FRANCES STREET, COUNCILMANIC DISTRICT NO . 4 IN THE CITY OF SOUTH BEND , INDIANA Clerk Jones read the bill to the Council for its first (15 1) reading. Council Vice President Niezgodski motioned to send Bill No . 45-23 to the South Bend Planning Commission on July 17, 2023 , and to the Zoning and Annexation Committee for a public hearing and third (3 rd ) reading on July 24, 2023 , seconded by Councilmember Tomas Morgan, and carried via vote by voice. UNFINISHED BUSINE SS Councilmember Davi s Jr. thanked the South Bend Police Department regarding funeral escorts and spoke about previous illegal dumping prevention methods. Councilmember Davis Jr. spoke about councilmember interaction with RFPs . NEW BUSINESS None. PRIVILEGE OF THE FLOOR Joseph Wilting , 2405 Erskine Boulevard , South Bend IN 46614 , spoke regarding illegal parking. 22 REGULAR MEETING June 26, 2023 ADJOURNMENT Council President Sharon McBride adjourned the meeting at 9:32 p.m. 23