HomeMy WebLinkAbout05-12-2025 Common Council Minutes SignedREPORT 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: 05-12-2025
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE, WE RECOMMEND THE SAME BE APPROVED:
APPROVED BY THE COMMON COUNCIL ON: 05-28-2025
ATTEST:
REGULAR MEETING May 12, 2025
Be it remembered that the Common Council of the City of South Bend, Indiana, met in person on
Monday, May 12, 2025, at 7:00 p.m. Council President Canneth Lee called the meeting to order.
The invocation was given by Pastor Brandon Saucier of South Side Baptist Church , and Pledge to
the Flag was given.
City Clerk Bianca L. Tirado 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 .
Please note the attached link for the meeting recording:
https://docs.southbendin.gov/WebLink/browse.aspx?dbid=0&mediaid=395498
Council meetings are also available at Michiana Access Channel on both their website and
their Facebook page.
ROLL CALL
COUNCILMEMBERS PRESENT
Canneth Lee
Ophelia Gooden-Rodgers
Sharon L. McBride
Troy Warner
Sherry Bolden-Simpson
Sheila Niezgodski
Karen L. White
Dr. Oliver Davis
Rachel Tomas Morgan *
COUNCILMEMBERS ABSENT
None
OTHERS PRESENT
Bianca L. Tirado
Matthew Neal
Margaret Gotsch
Bob Palmer
1st District, President
2 nd District
3 rd District
4 th District , Committee of the Whole
5th District
6 th District
At-Large
At-Large
At-Large , Vice President
City Clerk
Deputy Director of Policy
Director of Special Projects
Council Attorney
Members marked with an asterisk (*) are in virtual attendance.
SUB-COMMITTEE ON MINUTES:
April 28, 2025
Council President Canneth Lee requested reports from the Sub-Committee on Minutes .
Clerk Tirado stated that the Sub-Committee on Minutes inspected the April 28, 2025 Common
Council meeting minutes and recommend they be approved .
Councilmember Dr. Oliver Davis moved to approve the April 28, 2025 Common Council meeting
minutes , which was seconded by Councilmember Sherry Bolden-Simpson and carried by nine (9)
ayes.
I Council President Canneth Lee -Ave I Council Vice President R::ichel Tom::is Mon:r ::in -AvP I
REGULAR MEETING May 12, 2025
REPORTS FROM CITY OFFICES
None.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
Council Chair Troy Warner moved to resolve into the Committee of the Whole, which was
seconded by Councilmember Karen L. White and carried by nine (9) ayes.
Council President Canneth Lee -Aye
Councilmember Ophelia Gooden-Rodgers -Aye
Councilmember Troy Warner -Aye
Councilmember Sheila Niezgodski -Aye
Councilmember Karen L. White -Aye
PUBLIC HEARINGS
BILL NO .
14-25
Council Vice President Rachel Tomas Morgan -Aye
Councilmember Sharon McBride-Aye
Councilmember Sherry Bolden-Simpson -Aye
Councilmember Dr. Oliver Davis -Aye
PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND , INDIANA , ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND , INDIANA , CERTAIN LAND
LOCATED IN GERMAN TOWNSHIP ,
CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT NO. 1, NORTH OF THE
INTERSECTION OF EDISON ROAD AND
SUNDOWN ROAD , SOUTH BEND, INDIANA
(COU CIL DISCUSSION ONLY)
Council discussion began with a request for the petitioner to provide a brief summary. Skip
Morrell , Principal Development Planner, with offices on the fourteenth (14 th ) floor of the County-
City Building, South Bend , IN 46601 , stated that Bill No . 14-25 involves a voluntary annexation
of two (2) parcels of property located just north of the intersection of Edison Road. and Sundown
Road., and just east of Saint Joseph Valley Parkway . The annexation would allow the petitioner to
expand an existing warehouse by approximately thirteen thousand (13 ,000) square feet and allow
for an automatic rezoning to Industrial (I) within the city limits.
Chris Godlewski , Abonmarche , 315 West Jefferson Boulevard South Bend, TN 46601, stated that
the basic purpose of the annexation is to provide public-water service for fire suppression at the
expanded warehouse site. The project will bring half (1/2) of a dozen jobs on a union scale and
will provide tax revenue to the City.
Councilmember Dr. Davis thanked Mr. Godlewski for following up from the last meeting with
infonnation about union workers , their salaries , and the entire development package.
Council President Lee thanked Mr. Godlewski for bringing jobs to the area.
Councilmember Warner held the public hearing, and nobody spoke.
Council President Lee moved to send Bill No . 14-25 to the Full Council with a favorable
recommendation , which was seconded by Council member Dr. Davis and carried by a vote of nine
(9) ayes.
I Council President Canneth Lee -Aye I Council Vice President Rachel Tomas Morgan -Aye I
REGULAR MEETING May 12, 2025
PETITION OF THE ADVISORY BOARD OF
ZONING APPEALS FOR THE PROPERTIES
LOCATED AT 906 , 912, 914 , 918 DUBAIL
AVENUE AND 1703 , 1705, 1711 DALE AVENUE
COUNCILMANIC DISTRICT NO. 3 IN THE CITY
OF SOUTH BEND , INDIANA
Clerk Tirado read the bill to the Council for its second (2 nd ) reading .
After the second (2 nd ) reading , Councilmember Dr. Davis stated that Bill No. 19-25 went before
the Zoning and Annexation Committee and was given a favorable recommendation.
Skip Morrell , Principal Development Planner, with offices on the fourteenth (14th) floor of the
County-City Building, South Bend, IN 46601 , requests a special exception to allow construction
of duplexes and single-family homes on currently vacant lots along Dubai) Avenue and Dale
A venue, which will be zoned as Urban (U I). This project comes with a favorable recommendation
from the Board of Zoning and Appeals and is consistent with the South Bend comprehensive plan
objective H 1.1 .
Petitioner David Njoroge , 3131 Springbrook Drive, South Bend , IN 46614, expressed his
enthusiasm and excitement about bringing this project to South Bend and to the area within District
3.
Councilmember Sharon McBride thanked the petitioner for bringing affordable housing to her
District.
Council President Lee also thanked the petitioner for developing the project.
Councilmember Sherry Bolden-Simpson added her thanks.
Councilmember Warner held the public hearing, and nobody spoke.
Councilmember Dr. Davis moved to send Bill No . 19-25 to the Full Council with a favorable
recommendation , which was seconded by Council member McBride and carried by a vote of nine
(9) ayes.
Council President Canneth Lee -Aye
Councilmember Ophelia Gooden-Rodgers -Aye
Councilmember Troy Warner -Aye
Councilmember Sheila Niezgodski -Aye
Councilmember Karen L. White -Aye
24-25
Council Vice President Rachel Tomas Morgan -Aye
Councilmember Sharon McBride-Ay e
Councilmember Sherry Bolden-Simpson -Aye
Councilmember Dr. Oliver Davis -Aye
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 1702 WESTERN A VENUE
COUNCILMANIC DISTRICT NO. 6 IN THE CITY
OF SOUTH BEND , INDIANA
Clerk Tirado read the bill to the Council for its second (2 nd ) reading.
After the second (2nd) reading , Councilmember Dr. Davis stated that Bill No. 24-25 went before
the Zoning and Annexation Committee and was given a favorable recommendation.
Skin Morrell. Princioal Develooment Planner. with offices on the fourteenth (14th) floor of the
REGULAR MEETING May 12, 2025
be developed in the same building in which Mr. Singh operates a Boost Mobile cell phone store .
In addition , he is working with the Building Department to create a surface parking lot to improve
the area.
Jesse Singh thanked the council for this opportunity.
Councilmember Warner held the public hearing, and nobody spoke.
Councilmember Sheila Niezgodski thanked the petitioner for investing in the Western Avenue
corridor. She is pleased that the request involves a family-oriented ice cream store and not another
industrial use .
Councilmember Dr. Davis moved to send Bill No . 24-25 to the Full Council with a favorable
recommendation , which was seconded by Council member McBride and carried by a vote of nine
(9) ayes.
Council President Canneth Lee -Aye Council Vice President Rachel Tomas Morgan -Aye
Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Sharon McBride-Aye
Councilmember Troy Warner -Aye Councilmember ShetTy Bolden-Simpson -Aye
Councilmember Sheila Niezgodski -Aye Council member Dr. Oliver Davis -Aye
Councilmember Karen L. White -Aye
RISE AND REPORT
Councilmember Gooden-Rodgers Davis moved to rise from the Committee of the Whole and
report back to the Full Council , which was seconded by Councilmember Dr. Davis and carried by
nine (9) ayes.
Council President Canneth Lee -Aye Council Vice President Rachel Tomas Morgan -Aye
Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Sharon McBride-Aye
Councilmember Troy Warner -Aye Councilmember Sherry Bolden-Simpson -Aye
Councilmember Sheila Niezgodski -Aye Councilmember Dr. Oliver Davis -Aye
Councilmember Karen L. White -Aye
REGULAR MEETING RECONVENED
Council President Lee noted that the Full Council is now back in session . This portion of the
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.
THIRD READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND , INDIANA , ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA , CERTAIN LAND
LOCATED IN GERMAN TOWNSHIP ,
CONTIGUOUS THEREWITH ; COUNCILMANIC
DISTRICT NO. 1, NORTH OF THE
INTERSECTION OF EDISON ROAD AND
REGULAR MEETING
Council President Canneth Lee -Aye
Councilmember Ophelia Gooden-Rodgers -Aye
Councilmember Troy Warner -Aye
Councilmember Sheila Niezgodski -Aye
Councilmember Karen L. White -Aye
19-25
May 12, 2025
Council Vice President Rachel Tomas Morgan -Aye
Councilmember Sharon McBride-Ay e
Councilmember Sherry Bolden-Simpson -Aye
Councilmember Dr. Oliver Davis -Aye
THIRD READING 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 PROPERTIES LOCATED AT 906,912,
914 , 918 DUBAIL AVENUE AND 1703 , 1705 ,
1711 DALE AVENUE COUNCILMANIC
DISTRICT NO. 3 IN THE CITY OF SOUTH
BEND , INDIANA
Clerk Tirado read the bill to the Council for its third (3 rd ) reading .
Councilmember Warner stated that Bill No. 19-25 was heard in the Committee of the Whole and
comes to the Full Council with a favorable recommendation.
Councilmember McBride moved for the passage of Bill No. 19-25, which was seconded by
Councilmember Bolden-Simpson and carried by a vote of nine (9) ayes.
Council President Canneth Lee -Aye
Councilmember Ophelia Gooden-Rodgers -Aye
Councilmember Troy Warner -Aye
Councilmember Sheila Niezgodski -Aye
Councilmember Karen L. White -Aye
24-25
Council Vice President Rachel Tomas Morgan -Aye
Councilmember Sharon McBride-Aye
Councilmember Sherry Bolden-Simpson -Aye
Councilmember Dr. Oliver Davis -Aye
THIRD READING 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 1702
WESTERN A VENUE COUNCILMANIC
DISTRICT NO. 6 IN THE CITY OF SOUTH
BEND , INDIANA
Clerk Tirado read the bill to the Council for its third (3 rd ) reading.
Councilmember Warner stated that Bill No . 24 -25 was heard in the Committee of the Whole and
comes to the Full Council with a favorable recommendation.
Councilmember McBride moved for the passage of Bill No. 24-25, which was seconded by
Councilmember Bolden-Simpson and carried by a vote of nine (9) ayes.
Council President Canneth Lee -Aye Council Vice President Rachel Tomas Morgan -Aye
Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Sharon McBride-Aye
Councilmember Troy Warner -Aye Councilmember Sherry Bolden-Simpson -Aye
rrnmc.ilmP-mher Sheila NiezQodski -Ave Councilmember Dr. Oliver Davis -Ave
REGULAR MEETING May 12, 2025
YEAR 2025 PURSUANT TO SECTION 4-51 OF
THE SOUTH BEND MUNICIPAL CODE
Clerk Tirado read the resolution to the Council.
Councilmember Warner stated Bill No . 25-27 was heard in the Community Investment Committee
and comes to the Full Council with a favorable recommendation .
Council President Lee requested that the petitioner(s) state their name and address.
Erik Glavich , Director of Growth and Opportunity, with offices on the fourteenth ( 14 th ) floor of
the County-City Building, South Bend , IN 46601 , stated that Bill No . 25-2 7 is a resolution that
would approve a scrap metal dealer license renewal for Alternative 2, LLC , located at 700 West
Chippewa A venue, South Bend , IN 46614. Per section 4-51 of the Municipal Code, the property
required review from the South Bend Police Department, the South Bend Fire Department,
Neighborhood Resources , and the Zoning Department. All the agencies completed their reviews
with no issues found. However, a new valve was installed delaying the initial inspection , which
delayed submitting the resolution with the previous package of the scrap metal dealer renewals.
Council member Dr. Davis reviewed the Secretary of State website and found that the business had
been dissolved and has been inactive s ince November 5th, 2018. Councilmember Dr. Davis went
on to question why the business has been listed as dissolved and if an investigation has taken place.
Erik Glavich stated that he is filling in for Michelle Adams and does not have an answer at the
time.
Councilmember Dr. Davis requested that Erik Glavich review and acquire reasonable explanation
as to why the business has been without a license for seven (7) years before presenting the
resolution to Council again.
Councilmember Niezgodski accessed the Secretary of State website and found that the business is
not registered and currently shows as a non-reporting business .
Erik Glavich stated that the Police Department uses that reporting system for scrap metal dealers
and that they only receive non-reportable items. Erik Glavich will review the Council's requests
before pursuing further.
Council President Lee entertained a motion to table Bill No . 25-27 until May 28 th , 2025.
Council President Lee held the public hearing , and nobody spoke.
Councilmember Warner moved to table Bill No . 25-2 7, which was seconded by Councilmember
White and carried by a vote of nine (9) ayes .
Council President Canneth Lee -Aye
Councilmember Ophelia Gooden-Rodgers -Aye
Councilmember Troy Warner -Aye
Councilmember Sheila Niezgodski -Aye
Councilmember Karen L . White -Aye
25-28
Council Vice President Rachel Tomas Morgan -Aye
Councilmember Sharon McBride-Aye
Councilmember Sherry Bolden-Simpson -Aye
Councilmember Dr. Oliver Davis -Aye
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND , INDIANA ,
APPROVING THE ISSUANCE OF TAX
INCREMENT REVENUE BONDS OF THE
REDEVELOPMENT DISTRICT OF THE CITY
FOR THE PURPOSE OF PROVIDING FUNDS
FOR THE COSTS OF CERTAIN LOCAL PUBLIC
REGULAR MEETING May 12, 2025
Erik Glavich, Director of Growth and Opportunity, with offices on the fourteenth (14th ) floor of
the County-City Building, South Bend, IN 46601 , stated that Bill No. 25-28 is a resolution
authorizing the city to issue redevelopment bonds in support of the rehabilitation of the Portage
and Elwood properties located at 1408 Elwood Avenue, South Bend , IN 46628. The City of South
Bend was awarded a two-point-five-seven-million-dollar ($2 ,570 ,000 .00) loan from the Indiana
Finance Authority (IF A) through the Residential Infrastructure Fund program. IF A provides
municipalities access to low interest loans and purchases redevelopment bonds . The project that
this loan would support is the redevelopment of the Drewry site and the site is set to house
approximately one-hundred and ten ( 110) housing units ranging from small apartments to single
family homes including some duplexes.
In addition to the two point-five-seven-million-dollar (2 ,570 ,000.00) loan from the IFA, a three-
point-five-million-dollar (3 ,500 ,000.00) grant has been requested from the Indiana Economic
Development Corporation that could not exceed a five-point five percent (5.5%) interest rate.
Council President Lee asked how soon things will be set into motion.
Erik Glavich stated they anticipate closing within sixty (60) days.
Council President Lee asked what will happen to the liquor store and auto repair store.
Erik Glavich stated they will stay intact and have already been incorporated into the plans sketch.
Council President Lee held the public hearing, and nobody spoke.
Councilmember Dr. Davis moved for the passage of Bill No . 25-28, which was seconded by
Councilmember McBride and carried by a vote of nine (9) ayes.
Council President Canneth Lee -Ay e
Councilmember Ophelia Gooden-Rodgers -Aye
Councilmember Troy Warner -Aye
Councilmember Sheila Niezgodski -Aye
Councilmember Karen L. White -Ay e
25-29
Council Vice President Rachel Tomas Morgan -Ay e
Councilmember Sharon McBride-Ay e
Councilmember Sherry Bolden-Simpson -Aye
Councilmember Dr. Oliver Davis -Aye
A RESOLUTION OF THE SOUTH BEND
COMMON COUNCIL ESTABLISHING THE
TERMS OF THE INITIAL MEMBERS OF THE
COMMUNITY POLICE REVIEW BOARD
(SUBSTITUTE)
Councilmember Bolden-Simpson moved to accept Substitute Bill No. 25-29 , which was seconded
by Councilmember Dr. Davis and carried by a vote of nine (9) ayes.
Council President Canneth Lee -Aye Council Vice President Rachel Tomas Morgan -Aye
Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Sharon McBride-Ay e
Councilmember Troy Warner -Aye Council member Sherry Bolden-Simpson -Aye
Councilmember Sheila Niezgodski -Ay e Councilmember Dr. Oliver Davis -Aye
Councilmember Karen L. White -Aye
Clerk Tirado read the Substitute Bill to the Council.
Council President Lee stated that this resolution establishes the terms of the initial members of the
Community Police Review Board (CPRB) and that the substitution is to identify the Council
Member who nominated each member of the CPRB.
Council President Lee asked if there were anv auestions.
REGULAR MEETING
Council President Canneth Lee -Aye
Councilmember Ophelia Gooden-Rodgers -Aye
Councilmember Troy Warner -Aye
Councilmember Sheila Niezgodski -Aye
Councilmember Karen L. White -Aye
May 12, 2025
Council Vice President Rache l Tomas Morgan -Aye
Councilmember Sharon McBride-Aye
Councilmember Sherry Bolden-Simpson -Aye
Councilmember Dr. Oliver Davis -Aye
A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND ,
INDIANA , COMMONLY KNOWN AS
MULTIPLE PROPERTIES AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A
NINE-YEAR (9) REAL PROPERTY TAX
ABATEMENT FOR ALLEN EDWIN
RESIDENTIAL BUILDERS LLC
Clerk Tirado read the resolution to the Co uncil.
Councilmember Warner stated Bill No . 25-30 was heard in the Community Investment Committee
and comes to the Full Council with a favorable recommendation.
Erik Glavich, Director of Growth and Opportunity, with offices on the fourteenth ( 14 th ) floor of
the County-City Building,_South Bend , IN 46601 , stated that this resolution is for a tax abatement
for Allen Edwin Homes as part of their pl an to build sixteen ( 16) residential units at currently
vacant property located near Marion and Leland Street , in the City of South Bend , IN. The total
investment would be 2.5 million dollars ($2 ,500 ,000.00).
Petitioner Brian Farkas , Director of Workforce Housing at Allen Edwin Homes , with offices at
795 Clyde Court Southwest, Byron Center, MI 49315 , thanked the Council for this opportunity to
work in the City of South Bend and expressed his excitement about the project.
Council President Lee noted that the City is presently collecting zero dollars ($0.00) in taxes for
that property , and estimated annual taxes after the project is completed is approximately thirty-
five thousand ($35 ,000.00).
Council President Lee asked how much would it cost to rent these apartments?
Brian Farkas said that, for the twelve (12) re nt-controlled units , the rent would be under two
thousand dollars ($2000.00) for the two (2) and three (3) bedroom homes.
Council President Lee held the public hearing , and nobody spoke.
Councilmember ex plain ed the amount of effoti that went into developing this area and expressed
hi s excitement over the project.
Councilmember Bolden-Simpson reiterated that she is very pleased about the development about
the mixed-income neighborhoods and the results are positive for the school corporation.
Councilmember Boden-Simpson thanked the developer for this project.
Council President Lee appreciated that this development is happening in the First District.
Vice President Rachel Tomas Morgan added her thanks and expressed her excitement about the
project.
Councilmember Dr. Davis moved for the passage of Bill No. 25-30 , which was seconded by
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REGULAR MEETING
BILL NO.
30-25
May 12, 2025
FIRST READING 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 1114
MAYFLOWER ROAD COUNCILMANIC
DISTRICT NO. 6 IN THE CITY OF SOUTH
BEND , INDIANA
Clerk Tirado read the bill to the Council for its first (1 st) reading.
Council President Lee entertained a motion to send Bill No. 30-25 to the Board of Zoning Appeals
for public hearing on June 2, 2025 , and to the Zoning and Annexation Committee for public
hearing and third (3 rd ) reading on June 9, 2025 .
Councilmember Bolden-Simpson moved to send Bill No . 30-25 to the Board of Zoning Appeals
for public hearing on June 2, 2025 , and to the Zoning and Annexation Committee for public
hearing and third (3 rd ) reading on June 9, 2025 , which was seconded by Councilmember Dr. Davis
and carried by nine (9) ayes.
Council President Canneth Lee -Aye Council Vice President Rachel Tomas Morgan -Aye
Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Sharon McBride-Ay e
Councilmember Troy Warner -Aye Councilmember Sherry Bolden-Simpson -Aye
Councilmember Sheila Niezgodski -Aye Councilmember Dr. Oliver Davis -Aye
Councilmember Karen L. White -Aye
UNFINISHED BUSINESS
None
NEW BUSINESS
On May 3, 2025 , Councilmember Gooden-Rodgers and Councilmember White attended the
Anthem Comfort Case Packing Party at the Charles Martin Youth Center supporting children in
foster care. The event provided over 200 backpacks to foster children .
PRIVILEGE OF THE FLOOR
Theresa Phillips, 2020 North Meade Street, South Bend IN 46628 , complimented the efforts to
secure investment in the First District.
ADJOURNMENT
Council President Canneth Lee adjourned the meeting at 8:29 P.M.