okay that's okay
and
um
foreign
it hurt my eyes but
I don't think I have a real strong
prescription
I think I got some in my desk drawer
I think I do
huh
can you look in my top
foreign
okay
good evening I would like to call the
January 9th 2023 meeting to order Clark
Jones I believe you would like to read
some statements yes
good morning good evening members of the
public for audio quality we will be
muting everyone as virtual
that's not speaking by default to
maintain good audio quality for the
council members as well as yourselves if
you would like to speak during the
meeting on specific agenda items please
submit your request to speak in the chat
and directions to do so are located in
the chat we ask that you provide your
full name and addresses those are
required for all speakers at in-person
meetings if you would like to be called
on during the meeting to provide public
input again please insert your name and
address in the chat and you will be
called on during the relevant time for
the public input you will be given five
minutes to speak during that time for
Citizens that wish to speak during the
privilege of the floor please deserve
the following into the chat during that
time and the council president will call
on you and you will be given three
minutes to speak during privilege of the
poor to those who are virtual please be
sure to unmute yourself prior to giving
your remarks
thank you so much
at this time we will have an invocation
by Pastor John Ward
Pastor Ward
if you come up to the podium
good evening everyone good evening let
us bow our heads
Heavenly Father
as we start this meeting on tonight
Lord give us guidance
give us wisdom
give us support
so that we may come together as a whole
so that we may do what's right
in the eyes of God and for the people of
God
if there's anything
that's not right in the hearts
of your elected officials
Lord fix it right now in the name of
Jesus
let them become on one Accord Heavenly
Father
touch their hearts their minds
their bodies and soul father God
let them do what's right father God
so that we can heal the city of South
Bend
so that we can draw the people of South
Bend closer together
in the almighty name of Jesus I pray
amen amen amen
let us please stand for the Pledge of
Allegiance thank you
under God
Jones would you please call the roll
council member Davis
council member Lee President
councilmember Warner
present council member wax President
councilmember White president council
member Thomas Morgan president council
member Hammond president vice president
naski president president McBride
present nine president thank you
at this time I would like to state that
if you are here for Bill number 7122
under zoning annexation it has been
tabled until January 23rd 2023
also bill 52-22
has been tabled until February 13 2023.
at this time we will have a report from
the subcommittee on minutes
on minutes to the comma Council
did the minutes
of the September 12 2022 September 26
2022 October 10 2022 October 24 2022
November 14 2022 November 28 2022
December 12
2022
meetings and found them to be correct
therefore we recommend the same be
approved
Point voter I did not approve any of
those minutes we haven't had any changes
since the last discussion
as I said last time what's in those
minutes is uh just the list of the bill
and the votes there is uh zero substance
provided in the minutes
if you look at the statutory requirement
for the minutes
it's section five
14 1.5-4
item number three it requires a general
substance of all matters proposed
discussed and decided
and uh in my opinion just putting the
votes who voted yes and no does not
fulfill that
little substance
I'm just stating
the build titles are the general
assessment stating my opinion and these
are the council minutes
council member Warner has a
I'm not going to give a legal opinion on
whether or not they suffice but his
representation is accurate that the
minutes reflect just the
uh just the bill itself and the vote
doesn't contain substance beyond that
and
feedback we haven't seen any other
versions of those events
and I think it's up to the council these
are the council minutes and if the
council wants to vote to approve them
and believes that a vote is uh
substantive enough and fulfills that
then so be
I think the recommendation comes from
the subcommittee it does yes so
so at this point time I have not
approved and do not recommend the
minutes
um
information Specialists we checked with
him and he said that this is what we
what we are required to provide legally
that the bill title is the substance and
the date in who was at the meeting
because the because the minutes are
because the meetings are on video
and we can
um refer to the video we can bookmark
the video
and um move forward with there we don't
have the resources uh the resources have
been taken from us to to
to a summarization or verbatim minutes
and so this is what we are doing with
the resources that we've been allocated
so I got a few responses to that Mr
Britt is a advisor uh he's not the
deciding opinion on these and again
these are the council minutes these
aren't Mr britz minutes
and these are all minutes I will say
these are all minutes from when you were
fully staffed
so with that
I think
we have a motion on the floor
and for Council to for us to have the
roll call to accept the minutes and uh I
think Clark Jones uh you and I we can
have a further discussion I believe we
had sat down before to talk about uh the
minutes and also probably with speaking
with Council and Mr Britt I know we
talked about having him come in as well
so
um I think we need to move and let
parliamentarian do you have any input
uh president McBride I don't believe
there's a motion on the floor from any
council member so there is no
recommendation from the subcommittee I
think that
the councilor Warner had rejected if I
was correct he just said he does not
approve the proper motion would be to
approve the minutes there is no motion
out there to approve so there's nothing
for the council to do at this time okay
thank you for the clarification
the floor all the promotion or not
there's a tour open for motions it comes
out of the minutes committee
which is pounding subcommittee is the
proper entity to make the motion to
accept the minutes and there has been no
motion by that subcommittee
counselor wax and counselor Warner
for the minutes you don't need a full
committee for the minutes it's always
been two for the minute
it's one of those big
the council one would make a
recommendation but both of them agreed
to not move forward
if one of them made a recommendation we
would vote whether to pass or not they
both opted to not make that
recommendation
does that answer your question no it
doesn't
so forgive me
did Mr Black say no Mr Moore says yes
what was the tiebreaker
that would be the full Council amen
correct
it's gonna be a tie breaker by the pool
Council correct okay that's what I was
asking that's what I thought I'd said no
I I didn't say that you did I said I
made it slow and so I needed a better I
need to clarify okay thank you oh and I
would like to clarify
um we did have assistance with the
minutes when we were fully staffed the
minutes have always been
um because we did verbatim and we did
summarizations of the minutes they it
has always been extra and staff has had
to take the minutes home even though we
were fully staffed we did have a staff
member that couldn't do the minutes or
because of other reasons so we always as
in the last year and a half or so we've
had assistance with the minutes
okay
thank you so much
for your comments and it's on record
so what happens if we do not vote any
one they're they're still posted
um because according to uh statue we can
still post them we just post them as a
draft and not approved
so they're they're still online the
video is still online you can still go
you can see uh who attended the meetings
you can see who voted on which Bill how
they voted whether they attended the
meetings virtually or in person the the
date of the meeting the time the meeting
started the time the minute meeting
ended with the minutes all of that is
posted already as draft because we can
do that and well my question is for Bob
and I don't need to belabor this but
this I've never seen this before so
bear with me
so these minutes
and so on are never approved then what
happens
I mean as it relates to the work of the
council and even the clerk's office
we're in violation of state law at the
minute it's not approved and so what is
the
that the remedy would be up to no the
backlash is what I was looking for was
the consequence for not approving these
uh if someone could sue
the council for violation of the open
door law
so it'll be prudent on our end to get
this taken care of as soon as possible
because we will be the ones to get sued
not the clerk's office
is what you just said
someone will be sued for violation of
the open door law
okay like I said this is untried
territory for me yeah it is yeah
according to the public access counselor
minutes are reasonably expected to be
turned around within 14 days sure sure I
was but I the the acknowledgment of not
wanting to go forward with it because
something is not done the right way or
done the way that we want them done or
whatever that is
I just want to know what the consequence
was as it relates to the state and how
we were supposed to we have a mandate we
have to do certain things so
okay thank you sir
thank you with the
I'm sorry
I think this can be fixed with just uh
adding a few sentences of just the
general substance
during the this bill was raised and the
topic of affordable housing was asked
and answered and this was asked and
answered and it could be fixed with just
some general substance I look I I'm not
going down those streets I just wanted
to know what was the parameters and how
this works the law and who is the one
that would suffer the consequence it
sounds like the council would and so I
my my idea was be to get this taken care
of before we get sued
thank you I will move on
um there are no special business there
are no reports from the city at this
time
I would now entertain a motion to
resolve to the committee of the whole
second it has been moved in second Clark
Jones will roll please
council member Davis
aye council member Lee
aye council member Warner
aye council member wax council member
White
council member Thomas Morgan
aye councilmember Hammond I vice
president naskowski aye president
McBride aye nine eyes
foreign
we have to read this procedure as stated
in section 2 11.
and it says the clerk shall read each
title
by each bill by title only
the chairperson of the council standing
committee to which the bill was sent
shall give a report on the
recommendations from the committee a
formal presentation of the bill should
be made
which is is not subject to time
limitation common council members shall
have the right to ask two preliminary
questions to the presenters immediately
following the close of the formal
presentation on the bill
members of the public supporting the
bill shall have the opportunity to
address the council
each member of the public shall be
required to State his name or her name
and residential address or in the case
of a proposal made on behalf of an
entity other than a natural person or on
behalf of a group of individuals that
person and or their agent shall State
his or her name and business address for
record for record prior to making
remarks in support of the bill each
member of the public speaking in favor
of a bill should be limited to five
minutes
if the formal presentation against the
bill under consideration
the person or agent speaking on behalf
of such a remonstrate group shall not be
subject to time limitation
therefore each member of the public
speaking in opposition shall be limited
to five minutes for his or her
presentation each member of the public
shall be required to State his or her
name or residential address or in the
case of The Proposal
maybe half of an entity or other than a
natural person or on behalf of a group
of individuals that person or that or
their agent shall State his or her name
and business address for record prior to
making remarks in opposition of the bill
each member of the public shell and
opposition of the bill shall be limited
to five minutes
the remonstrance period following any
formal presentation against the bill
under consideration shall not exceed the
time used by members of the public who
spoke in favor of the bill or shall be
limited to 30 minutes whichever is
greater
there shall be an automatic five-minute
rebuttal period for the person or the
person who made the formal presentation
on the bill under consideration
after which the public portion of the
hearing is closed
following the public portion then
Council portion then takes place where
members of the Council debate ask
questions make motions on the bill under
consideration each bill must have a
motion addressed in the disposition of
the bill
as it is then sent to the full Council
for final action
in compliance with the governor's
executive orders the South and common
Council will be legally held by way of
virtual meeting using Microsoft teams at
the committee of the whole notes how
residents can participate for the public
portion as follows
a public can participate in the meeting
by following the directions in the chat
section in the Microsoft teams app at
the link provided by the city clerk any
member of the public wishing to speak in
favor or opposition to the bill must
indicate their desire prior to the close
of the public Hearing in order to speak
in favor against the bill you will need
to state your name
and address as it also as is also
required to speak at an in-person
meeting the city clerk will inform the
chair of the committee of the whole in
which order to proceed
to address each person in order with a
time limit of five minutes
give me a whole is now in session this
is the portion of the council's meetings
where bills are given a second reading
and public hearing I wish to share with
you that bills that will be given a
second reading and public hearing have
been given a first reading and set for a
committee meeting and public hearing
prior to this evening's meeting
in addition you will hear from the
chairperson of the committee where the
bill was discussed and the results of
their discussion if the proposed
ordinance is a zoning ordinance a report
from a staff member will be given in all
other situations the formal presentation
on the proposed ordinance will
immediately follow the committee report
the formal presentation shall be on time
on our agenda we had
um the bill 52-22
it has been tabled
on our agenda
bill 69-22
I'm sorry Bill 52 22 has continued to
February 13th oh I'm sorry
table
to February 13th
as requested by the petitioner
okay
now Bill 69-22 we've already had the
public input
and so now the only thing is for Council
uh discussion and so
um presenters will now um give their
name and address
yeah
okay Larry Jones would you please re
give Bill
69-22 a second reading 69-22
6922 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 1405 Portage Avenue
councilman District number one in the
city of South bin Indiana
all right chair point of order
um
this is not scheduled for public hearing
as
stated in the agenda the prior agendas
that had been sent out to the Republican
to council indicated that this was only
for third reading not for public hearing
so there's nothing improper with letting
them make their presentation and then
the the
Committee of the whole will make its
recommendation to the
full Council after the third reading
okay
my only point is that there is no public
hearing as stated
all right
and that's why I was disclosing that
it's only the discussion but yeah all
right Elizabeth
Angela Smith The Zone administrator with
the office is located in the 14th floor
of the building I'm only here to answer
any questions you may have unless you
want to refresher on what the bill
itself is
well
a refresher sorry
the property is the Portage the corner
of Portage Elwood they're seeking a
special exception its own Neighborhood
Center seeking a special exception for
um a vape smoke and tobacco shop in the
NC neighborhood center District this
came to you from the board of zoning
appeals of the favorable recommendation
we have had some work done by the uh
facade grant program which they're
looking to do improvements and so the
updated site plan I believe was
circulated to council as well as some
proposed elevations
other than that this can do from the
poor zoning appeals with a favorable
recommendation I'd be happy to answer
any questions
the petitioner is here if you have any
questions of the petitioner as well
will be given up to six afternoon
discussion or is that is that proper Bob
yes okay my name is Praveen gulati and
I'm from Peak investment and asset
management
so
um it's honorable common Council City
Clerk and Zoning staff I like to
reiterate that we respect the you know
process and the vote but I like to say
few things here
that the intended use is for over 21
years of age group people
and the use is legal in the City of
South Bend and the state of Indiana
and the building is building is in a
shape
that it is in the three sections
um you know and those are having why you
know weight bearing wall unless you tear
this building down and try to have
something else there
uh you cannot make use of this building
so we have committed to the Improvement
plan it is all there
and there are restrained
from the
previous owners of the buildings
it was a Speedway Corporation they used
to have a gas station and a you know a
little car repair shop there
so in order to
restain the competition they put a lease
deed restriction that it cannot be used
for fuel station it cannot be a grocery
store it cannot be a you know like a
Dairy Store
so considering the building in question
right there
uh you know we we see only two uses one
is that we have a you know like a quick
service restaurant or a web shop
so in order to have a quick service
restaurant I talked to the zoning staff
they said this place is a neighborhood
District you know for pedestrian it
cannot be authorized for a drive-through
you know it is under your cities manual
or whatever the laws and the rules you
have
and then uh other than that this is the
only use we have
and this place is closed for 10 years we
want to open it I have the operators
here they have three three different uh
you know outfits in Indiana very
successful operation
so under these circumstances you know
either
um you know as councilman Lee said last
time that we have a better use but I
want to know what is that battle usage
you know and 97 98 of the franchises are
saying that you know you have to have a
drive through in order to do a quick
service restaurant
and we have surveyed it we have done our
due diligence and that is the only in in
the shape and manner this building is
and it is closed for several years that
is the only use we can do so rest is up
to the council to decide I I mean this
is what I have to say thank you thank
you
council members if you have any question
you can ask
you council members do you have any any
statements
like I said we've already done the
public portion we've already had those
who was against it we always had those
we already had that discussion part now
it's it's we didn't vote on it because
we wanted to give it more time and and
and and
see if we can come up with a better use
for
the the facility
um and the statute for a special
exemption is
for alcohol and tobacco and the reason
why they allow that to be there is so
that the community does have an
opportunity or the council has the
opportunity to
say what goes into a neighborhood and
one of the things that we have talked to
neighbors and people have spoke out
against it it was that the neighbors are
looking for something that's going to
help lift the neighborhood up and they
don't feel that a vape shop is is is
what would be good for the neighborhood
and what it attracts so
I like to hear any of the council
members that would like to make a
statement
councilman chair I was just are you open
to a question yes I uh the question I
want to ask when we
tabled this last time I think the
request was to the therapy conversations
with the neighbors has that happened and
can you report on that we've talked to
um various people from different parts
of the first district especially in that
area
and many people
would like to see
something that's going to lift the
community up something that's going to
not bring it down not bring another
negative element to the community and so
as I've talked to different people
that's been what what they've said to me
and we even had people that spoke out
against it in in the council meeting yes
Angela can you address the restrictions
that were mentioned
in relation to the drive-through in
relation to that property as a whole
like what can it be so there are some
deed restrictions which go outside of
the zoning enforcement so those wouldn't
be for us to enforce in terms of a
drive-through drive through would also
be a special exception so it would come
in front of the council if there was
going to be a drive-through restaurant
not sure the site's really big enough
for that but it could be a wider range
of retail uses carryout restaurant
it could be a dine-in restaurant it
could be
of any other retail other than a liquor
store or tobacco or vape
without a special exception
okay thank you
the other question I had is there has
been a
a gentleman with a smoker and kind of a
portable restaurant kind of food
and
um
are there people that are interested in
utilizing that property for other
purposes that
that information could be shared or
I think that there we we've talked the
city and there may be some ways to
incentivize something that's going to
lift the neighborhood up
um there are people who may be
interested in pursuing an opportunity
there uh again that that comes down to
the finances and all of that but as far
as what what transformation Ministries
down the street with uh the issues that
we have with the liquor stores and the
gas stations and all of that stuff the
residents didn't feel like they wanted
something that was going to continue to
compound the issue
any other questions
let's have one for clarification because
I thought I heard two different things
so the special exemption is for liquor
stores or
tobacco or is it not for this type of
establishment that's not what they're
requesting tonight that's the type of
retail like they're only requesting a
special exception for smoke vape and
tobacco they're not asking for liquor
store tonight but they have to have the
special exemption in order to have that
type of business there if they wanted to
yes I believe that's probably excluded
under their deed restrictions if I
recall also so
this would only this but as I mentioned
on the other special exceptions special
exceptions are a little bit different
than zoning and that it would only allow
the specific use to which the council
was reviewing and would be subject to
what was presented
if there's no other discussion yes yes
sure
um I I you left here last time because I
remember I remember voting against it
not because of the business because of
what you guys were planning to do
your conversation with the business
owner because I left with the impression
on the record that you were going to
speak with a business owner
about alternative uses perhaps
you know a certain time of selling of
the tobacco products
I I don't know what was that
conversation like we did not we did not
say that we would meet with the business
owners about certain times of no no I
didn't say that I said
for example what I'm asking you what was
your conversation with the business
owner when we when we met with the
business owner we did talk to him about
other opportunities of another type of
business that would be something that
could lift up the neighborhood
and we did have that discussion
and the result of the discussion was
it will be determined on the things that
the city would be willing to to help
with and um again that was to see if
there was interested because there is a
person who's seller uh barbecue there in
the in the uh
the business owner sir I'm asking what
is a conversation with your business
owner what was it like what happened
like to put a vape shop there I'm sorry
his conversation was he would like to
put the bait shop there and he wasn't
willing to change based upon what you
think it should be and it's still at the
end of the day was I I was I could have
a sign lease and have a vape shop here
and we could could start uh
getting getting Vapes out there
so I would like to
um entertain emotions you can't do that
I'm not done talking okay first of all
this today but you can't do that you
open the floor for people to ask
questions and then you're cutting me off
you you were saying I wasn't done I was
waiting for you to complete your your
response
are you finished
Mr Davis yes go ahead say what you got
to say oh I have a lot to say so when
you had your conversation in the
conversation not go the direction that
you desire to go
so you're at a stalemate with the
business owner about whether the use of
this property should be a vase shop or
not
or did the conversation end
um amicably as the conversation was I
would like to put a vape shop in there I
said that before what what um I would
love for us to be able to work together
to find something to put in that area
that's going to help lift the
neighborhood up and so with the
residents
oh I'm not stepping on anything I was
just wondering if the conversation was
about some conversation I'm sorry I said
that was the conversation okay so
um
you keep saying something we need
something there that's uplifting to the
neighborhood what is something not can
you define that for me please
I would say
because there is someone already selling
barbecue there is there could be a
Subway it could be a Little Caesars it
could be something that that's going to
be positive and not something that's
going to continue to draw negative uh
negative crowd to that area so again
we're very much interested in having a
conversation seeing what what we could
do as as a city working together and my
statement to the owner was this is an
opportunity that we could do something
that's going to lift the community up
would you be willing to to to
partner with the city
and we find something that's a better
fit than a vape shop
you know
um when you
Define something or whatever that is
the market now I talked about this
before has to suggest
the things that you are defining as
something
this gentleman is a investor
you cannot redefine what the elements
are already saying in that particular
area
if the area is low income
chances of you bringing in a Taj Mahal
or is next to zero it's just how the
market goes it performs
with the demographic
and the value of the particular area
there's nothing you can do to change
that so are you saying because this is a
African-American area or a place that
has been
that has had some some downturn that the
only we should accept just anything in
our neighborhood no sir what I am saying
to you
is that in order to get that area the
way that you desire it to be the way you
Vision it it should be
there's a number of things that are
going against it one is the school
that'll shut down down the street which
is called LaSalle the other issue that
you have in that area is called traffic
earlier there was a presentation from
property vacation and another committee
a property vacation and they talked
about the traffic riding it up and down
the alleyway that same logic has to be
applied to when you're talking about
Lincolnway you're talking about Western
you're talking about Portage and other
areas that are considered corridors so
in order for you to realize
uh new development at a higher level
your traffic count has to be
High okay it has nothing to do with
being black or being white or any ethnic
group it has everything to do with what
the the the outliers economic outliers
are saying to you your economic outliers
are not saying that this area is primed
for high development
so in order for you to get to the high
development you can't tell a small
business investors no because they are
going to bring traffic to that area
which will increase
the dollar amount for that area
so no it has nothing to do with race it
has everything to do with what the
market and how the market performs in
certain areas for instance
when Mishawaka thought it was a great
idea to open their streets up you
started seeing a lot more volume of
traffic you start to see it a lot more
investment into the area you start to
see tax-based expansion when you saw the
city of South Bend take their Corridor
streets and decrease the width of them
you started seeing businesses move out
it has nothing to do with race it has
everything to do with with the
atmosphere the economic outliers say to
you so no it's not a racial conversation
sir it's a fact conversation so at what
point do we not ask our community to
tell us what they want in the
neighborhood and there's certain things
that they I think we need to be more
realistic so when we go about our
Council business okay when we go about
our Council business it is up to the
representative to demand better from the
plane Department based upon those areas
and then when we talk about the
expansion of Tif districts and how money
is actually being invested in those
areas as it relates to infrastructure we
have to ride those issues to ensure
successful investment in those areas
that's how you get it done okay for more
race today but the other way to get it
done is insurance we have to move on I'm
trying to figure this out
give me 10 more seconds we're good give
me 10 more seconds over five minutes so
we're gonna we're gonna move
I will now entertain a motion regarding
this bill
move for favorable recommendation
thank you
I'll second that
all right it's been a motion and second
Clark Jones please call the world
council member Lee next
council member Warner
nay
councilmember wax
council member Thomas Morgan
councilmember Hammond
I
vice president nay
councilmember Davis
aye
president McBride
can you call the roll again for me
please yes
council member Lee next
council member Warner
council member wax
aye councilmember white nay
council member Thomas Morgan
council member Hammond aye
vice president niskowski nay
council member Davis
aye
president McBride
aye
we have four eyes in five days
all right bill 69-22 will
will be sent to the full council with
the
chair that motion fell so there needs to
be another motion for either and no
recommendation or an unfavorable
chair can I add a comment yes I just
want to there are a couple things that
I'd like to say here so I drive this
Corridor
um frequently and
um it's it's a challenged area we know
that
um there's an alcohol store there's a
liquor store there are two convenience
stores I'm not sure about the second one
but at least one of those has
does have tobacco sales
there are
to gas and Automotive related
businesses in that area
and so
what
um
what what is challenging to me is the
kinds of businesses that are currently
there
and how they serve this
um
lower socioeconomic area in our in our
city
what we know about research on this is
that tobacco retail shops and Specialty
vapor shops are disproportionately
present in neighborhoods where social
socially disadvantaged Youth and
families live
so
um
this is not just a special exception
request
in my opinion but it's a it's also a
policy issue
and it's related to Health Equity and
environmental justice
and it's about seeking ways to limit
the density of tobacco-related retail
and Vapor
Shop outlets in lower socioeconomic
status neighborhoods
um and so for those reasons I have a
real
problem with this development in this
part in this part of the city
I will uh entertain another motion
I'd like to move that we send Bill
69-22 to the full Council
with an unfavorable recommendation
second there's been a motion in the
second Claire Jones please call the roll
council member Warner
aye councilmember wax
okay
councilmember white
aye
council member Thomas Morgan
aye
councilmember Hammond
aye
vice president
aye
council member Davis nog
council member Lee
aye
president McBride
aye seven eyes
okay this will be sent to the full
council with unfavorable recommendation
bill 71-22 has been tabled until
continued I'm sorry I'm sorry until
January the 23rd
and so Clark Jones would you please give
Bill 70
74-22 a second reading
74-22 public hearing on an ordinance of
the common Council of the city of South
Bend Indiana amending the zoning
ordinance for property located at 505
Ireland Road 4412 fellow street and 4422
fellow street councilmanning District
number five in the city of South Bend
Indiana
all right is there a committee report
yes chair bill number is 7422 came
before zoning and annexation this
afternoon and comes to the community as
a whole with a favorable recommendation
is the petitioner president asked did
you state your name and address and
share with us key points regarding the
bill that's before us Angela Smith Sonia
Mr chair with city of South Bend offices
located in the 14th floor of this
building the property in question is 505
Ireland 4412 and 4422 that's three
Parcels as noted by the three addresses
and it is
and it's at the corner of fellows in
Ireland see if my presentation will keep
going we lost connection here
the city wants to keep kicking me off of
Wi-Fi sorry
[Laughter]
the property owner has an existing
business and building located on the
southern two lots has acquired the the
northernmost quite some time ago and is
looking to do an expansion of what they
have and replicating the type of use
that they have the offices this is
slightly different than what you
normally see from us generally when we
have a commercial expansion we're really
concerned about how it might impact our
surrounding Neighbors in this case
as we showed earlier today there is a
city retention area just north of the
site and then the city public golf
course to the east which really prevent
this commercial from expanding much
Beyond its current footprint
uh you can see here that it's in a
commercially a Suburban kind of
commercial area the property on the west
extends commercial to about the same
location and then you have some
commercial properties across the street
uh the existing building is kind of more
residential in character which is part
of the written commitment request is for
a hipped or gabled roof to kind of
replicate this building and make sure we
get something appropriate as a
transition to the neighborhood
the existing property occupies the area
here in the Red outlet outline and the
expansion would be kind of a duplication
of that to the north the sea commercial
will allow them to do that in the
configuration that's consistent with
what they had previously this comes to
you from the plan commission with a
favorable recommendation subject to the
following rent commitments one all
buildings shall have a hipster gabled
roof and two drive-through facilities
shall be not be permitted be happy to
answer questions the presenter or the
petitioner is here as well
petitioner would you like to
say anything
good evening members of the council
my name is Mark mache I live at 19110
Farmington Lane on the south side of
South Bend
we built the original building in 2006
with myself and two business partners
this is currently the only real estate
that we own commercially and have owned
the residential lots since 2015 when we
bought it from Ray Unruh
we would like to continue our investment
in the South Side uh adding we feel like
there needs more opportunity for
Professional Services in this type of
building
is uh perfect for that type of
of opportunity
the adjacency to the golf course makes
it an attractive professional location
we did spend time walking the
neighborhood and speaking to the the
neighbors we're able to speak with four
of the seven houses just to the north
and all of which had no objections
several made comments on the
architecture and the quality of the
existing building and our commitment to
replicate that in a second building the
only negative was a mention of traffic
and we're going to keep the entrance
where it is so no traffic would would
progress down fellows any further than
it already does to enter the current
building
all right thank you council members do
you have any questions for the petition
at all
at this time we'll go to the public
hearing portion Clark Jones is there
anyone from the public wishing to speak
in favor of Bill 74-22
favor of this bill
is there anyone present wishing to speak
in opposition
there's no one from the virtual public
that is expressing interest to speak in
opposition of this bill at this point
the public hearing on bill 74-22 is now
closed council members would you like to
make any statements
yes absolutely but Eli is his district
so he can go first get his hand up
sorry that's all right thank you I just
wanted to thank the petitioner for his
uh previous investment in South Side
South Bend generally
a south side is special to me obviously
and his continued commitment to invest I
just want to wish you success in your
investment
thank you
Mr Davis I I Echo it the same city
Minister he just um
he just conveyed to you but I wanted to
go a little bit deeper
um several years ago
there was a plan to take out the entire
Corner houses turn into some type of
like highway system I worked really hard
with the folks on fellow street to stop
that plan as a matter of fact we not
only stopped the plan but we were able
to get curbs and sidewalks in the area
to make more walkable which obviously
helps what you're doing right now as it
relates to what we just finished talking
about with the gentleman prior to this
particular bill it is a part of
development how development works you
couldn't do what you're doing right now
without Highway going through with all
those houses missing so in order to have
to say that neighborhood that could have
not existed
it's it's it's a very easy understanding
of how this works and so again I
appreciate your investment to the city
of South Bend look forward to more
actually
anyone else
I will now entertain a motion regarding
bill 74-22
74-22 be sent to the cons full council
with the favorable recommendations
second
all right there's a bit of motion in the
second Clark Jones please call the world
council member wax
aye
White
I vice president
aye council member Davis
aye council member Lee
aye council member Warner aye president
McBride
aye nine eyes all right
bill 74-22 will be sent to the full
council with the favorable
recommendation
uh
Clark Jones would you please give Bill
79-22 a second reading
89 22 public
proving competition of The Advisory
Board of zoning appeals for property
located at 7468 and 7686 Gordon Parkway
councilmanic District number one in the
city of South Bend Indiana
all right is the petitioner she's
present
yes there is thank you
um bill 789-22 came before zoning and
annexation this afternoon and comes to
the committee of the whole with a
favorable recommendation
all right we have our petitioner and I
ask that you state your name and address
I share with us key points we got
regarding this bill
okay before you use a request for a
special exception for heavy industrial
the property is located out near the
Tire Rack at Warden and Dynam boulevards
it's currently vacant it's been vacant
since the industrial subdivision kind of
came through and sat here and developed
the petitioner is looking to use both
lots to develop a large warehouse and
distribution facility
with some chemical potential in the the
works because there may be
dangerous or hazardous materials just to
be safe they are asking for the special
exception for the heavy industrial
classification there aren't many things
that kind of trigger between the two we
only have one industrial classification
so anytime it's a heavy industrial it's
always a special exception with a
council in this case it's located in an
industrial district surrounded by
industrial uses and the portion that
might be of that use is located behind
and out of side of the the traveling
public so it's of situated for the
intended use
based on the information that we had in
a discussion with the poor zoning
appeals they send this to you with a
favorable recommendation the petitioner
is here and we'll be happy to answer any
questions all right if you would please
approach the podium give us your name
and address please
thank you sir my name is George
lepignotas my address is 4101 Edison
Lakes Parkway Mishawaka Indiana I'm
attorney with Creek default I represent
Coast southwest coast Southwest is a
family company that has been has been in
business for many decades currently
headquartered in California with a
facility in Texas they also have some
currently leased facilities throughout
the Midwest
the owners of Coast Southwest Are Notre
Dame alumni and wanted to expand their
Midwest footprint they naturally looked
to South Bend and found the real estate
that was previously mentioned by the
zoning administrator
the application before you today is made
out of an abundance of caution 70 of
Coast Southwest work is packaged Goods
they do not process on-site they simply
buy the packages and then resell as a
distributor would however in partnership
with the University of Notre Dame they
are looking at potentially
commercializing some new types of
processes that could trigger that the
ingredients that Coast Southwest handles
um
could be considered hazardous in some of
their forms throughout the process so it
is important that they are up front and
ask for this designation sooner rather
than later partly because of their
corporate philosophy they're a extremely
they take pride in their corporate
responsibilities their multi-year
Excellence Award winner from What's
called the nacd which is which is the
National Association of chemical
Distributors they use best practices as
you can imagine in a state like
California they are very comfortable
dealing with federal state and local
regulations and the building is being
designed and potentially built by
holiday properties so an experienced
outfit doing that portion as well it
will have all necessary and legal
requirements for redundancies to ensure
the safety of the general public as well
as the environmental resources in the
community
council members do you have any
questions
I know that some of these industrial
buildings have to have these these uh
cages that
in case something happens it contains
everything and this this will have that
correct yeah and I believe if you look
it's a little hard to see but on the
screen there is
um the plan is for 94 000 square feet of
the potential 200 000 square feet to be
built immediately uh there is a small
um uh
square with an arrow pointing to it that
is the potential
containment center for anything that
might be categorized as hazardous
thank you anyone else
Mr wax with this project uh go forward
without this uh exception
that's a great question that's uh when I
was first approached by my client the
question was whether or not they even
needed this the heavy industrial
exception given what they're doing they
feel very
um
confident that what they are doing does
not as I told the committee earlier this
isn't green goop you know bubbling out
of a vat but
um you know environmental laws are just
getting more and more restrictive and so
they do feel it's important that they
check the the boxes that the city has
set forth in its ordinance its ordinance
for having Industrials very specific
if you are handling hazardous material
that qualifies you as as uh heavy
industrial so they feel it's important
what what kind of economic impact
would this project bring their employees
what kind of salaries what other
economic drivers with this brand so um
in addition to the aforementioned
um employees I'm sorry the building of
the space you know the plan is for 94
000 square foot immediate construction
uh that will be staffed by eight to ten
new hires here in this community uh if
the project is successful and
um grows and and that's probably a
misstatement if the project grows the
the use is already there they already
have sales offices throughout the
Midwest that they're going to
consolidate here in the South Bend and
they also currently have a distribution
center in Illinois that they would then
vacate that lease and move over so the
94 000 square feet is just part of their
there are already existing operations
but if they grow to that 200 000 square
feet that they anticipate growing to
that would be a total of 50 50 to 60 new
jobs
and would also continue to grow as far
as their their partnership with the
University
I also see that they are they're very
responsible company run by a father and
now his daughter both ND grads they
enjoy South Bend so I would not see this
as being the last of their investment
here but but the first
thank you
anyone else I just have comments when at
times around thank you right now then I
will uh
we won't go to the public hearing
portion uh Clark Jones is there anyone
from the public wishing to speak in
favor of Bill 79-22
virtual public that expresses interest
to speak in favor of Bill 7922
is there any one wishing to speak in
opposition
there's no one
interested speaking opposition as well
at this point the public hearing on bill
79-22 is now closed
uh now we will go to statements from the
council members
I'll just waiting for the chair to
recognize me okay
okay I was waiting for you to think
about me to jump in now go ahead okay
um I was just going to say thank you for
your presentation
tell you the investors thank you for
investing in South Bend I just only wish
100 years ago that we had the same type
of like laws on the books and
enforcement I wouldn't have the back
slate issue going on in the second
district with a hill that is full of
trash that we want to say it's not and
so I I really think
God that we do have those sorts of
restrictions so we don't have to revisit
that as well you have that so much and
so many other communities you have been
in Harbor Water Crisis restrictions are
set by the EPA when it comes to what you
guys are talking about and again thank
you for the presentation and I feel safe
and comfortable because obviously
there's somebody enforcing the law then
we had to deal with it and you know go
on for for decades as it relates to
People's Health and Wellness in that
area
all right any other council members
I would just like to say thank you as as
a representative of First District thank
you for the investment in the first
district and we're looking forward to
those 50 to 60 new jobs and and
everything is spending and and and
things going well so thank you again
thank you and I know my clients are
online listening so I'm sure they
appreciate that as well
all right I will now entertain a motion
regarding bill 79-22
the full council with favorable
recognition second
all right there's been a motion and a
second
uh Clark Jones please call the world
councilmember White
council member Thomas Morgan
aye councilmember Hammond I vice
president
aye council member Davis
aye council member Lee
aye council member Warner aye council
member wax aye president McBride
aye nine eyes
all right
um
79-22 will be sent to the full council
with a favorable recommendation I will
now entertain a motion to rise from the
committee of the whole and report back
to the full Council SoMo all right it's
been moved in second can we do it by
acclimation yes all that some favors say
aye aye all that opposed
all right motion passes
we're now on bills on third reading
this portion of our meeting is where
bills are given a third reading and
action is taken regarding bills that
were heard during the committee as a
whole Carter Jones will you give Bill
63-22 a third read
63-22 third reading on an ordinance of
the common Council the city of South
Bend Indiana and next thing to and
bringing within the city limits of South
Bend Indiana and amending the zoning
ordinance for property located in German
Township continued contiguous there with
councilman and District number one for
21275 Cleveland Road South Bend Indiana
thank you counselor Lee is their
recommendation for the from the
committee of the whole yes
um Bill 63-22 comes to the full
Constable the favorable recommendation
thank you I will now entertain a motion
regarding bill 63-22
the role please
council member Thomas Morgan
council member Hammond aye vice
president
aye councilmember Davis
aye council member Lee
aye council member Warner aye council
member wax
aye council member white
aye president McBride aye nine eyes
bill 63-22 has been adopted
Clark Jones will you please give Bill
69-22 a third reading
69-22 third reading when 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 1405 Portage Avenue
councilmanic District number one in the
city of South Bend Indiana
thank you I will now like to counselor
Lee is their recommendation for the
committee as a whole regarding Bill
69-22 comes to the full council with the
unfavorable recommendation
I will now entertain a motion regarding
Bill 6922
make a motion to reject bill 69-22
second
it has been moved and seconded Clark
Jones the role please
council member Hammond
aye
vice president
aye
council member Davis nay
council member Lee
aye
council member Warner
aye
council member wax nay
councilmember white
aye
council member Thomas Morgan
aye
president McBride nay
six eyes and three Nays
bill is 69-22
was rejected
foreign
Jones will you give Bill 74-22 a third
reading
74-22 third reading on an ordinance of
the common Council of the city of South
Bend Indiana amending the zoning
coordinates for property located at 505
Ireland Road 4412 fellow street and 4422
fellow street councilmanic District
number five in the city of South Bend
Indiana
thank you
counselor Lee is there a recommendation
for Bill number 74-22
71-22 I thought it had been
um oh I'm sorry yes it comes to the full
Council of favorable recommendation
thank you I would now entertain a motion
regarding Bill 7422
I move for Passage second it's been
moved and seconded clerk Jones the role
please
vice president naskowski aye
council member Davis
aye
council member Lee
aye councilmember Warner
aye council member wax
aye councilmember white
aye council member Thomas Morgan aye
councilmember Hammond
aye
president McBride aye nine eyes
thank you Bill number 7422 has been
adopted
Clark Jones will you please give bill
number 79-22 a third reading
79-22 third reading on an ordinance of
the common Council the city of South
Bend Indiana
approving a petition of The Advisory
Board of zoning appeals for property
located at 7468 and 7686 boarding
Parkway councilman District number one
in the city of South Bend Indiana
thank you I will now entertain a motion
regarding bill 79-22
second it has been moved and seconded
Clark Jones the role please
council member Davis
uh council member Lee
aye council member Warner
aye council member wax
aye council member white
aye council member Thomas Morgan
aye councilmember Hammond
aye vice president
aye president McBride
aye nine eyes thank you Bill 79 22 has
been adopted
there are no resolutions on tonight's
agenda
there are also no first readings on
tonight's agenda at this time I want to
open it up for unfinished business
if there are none I want to open it up
for new business
ladies first
goski thank you president McBride
um
I just wanted to make sure everybody
knew that before March 1st for citizen
numbers to apply to the council website
or contact the clerk's office if you
want to be a citizen member on one of
the standing committees
um
and also there is the Martin Luther King
breakfast that's going to be at 7 30 a.m
on January the 16th as well as the rest
of a day of different
um meetings that they'll be hosting
also the one last thing I want to talk
about is Lawrence Greenspan with the
2045 plan has reached out their
engagement process is going to be ending
on March 31st
so if any of the council members in
their respective districts that would
still like to plan something for
engagement you have until that time so
it's fast approaching if you'd like to
plan something please reach out to Mr
Greenspan
thank you counselor Davis yes ma'am
thank you so much for recognizing me I
am I'll give me a couple moments
um 2005
um I had to campaign to become a priest
and committee chairman that job itself
um usually was given away by the
chairman of the party at that time um
and rest in peace Bush Morgan seriously
um we um understood the only way that
you can get into the party was through
that blessing well I successfully
campaigned for that job and subsequently
I was elected in 2005.
2007-2008 year I campaigned and I ran
for councilman of the city of South Bend
Second District
um
thank God I got him
from that point on I began to work to
establish
some sort of congruency
advocacy and also support in a number of
different ways for the the district
itself
within that time frame I had
um probably caused a lot of problems and
and got a lot of things resolved and it
was just really difficult and funky but
as a part of the learning process as it
relates to this job
as we move forward time has gone going
on
um as a result of that advocacy after
the the the some of the pains and bumps
and bruises I've received we started to
see development in the second district
the development started to see obviously
came from the city so that had a lot to
do with not with private investment but
it's public investment but I take it
did a very good job I'm patting myself
on the back on a number of these things
one thing and I don't want to belar the
point so I'm going to go to it really
quick LaSalle Center receives a four and
a half million dollar investment
deserved it right the building was
remodeled refurbished everyone's happy
in the community because we finally got
what we're looking for
um to get some more things passed as a
matter of fact councilmember white
helped out with this one co-sponsored we
got some monies invested over into the
Lincolnway race Corridor and Western
Avenue Corridor during that time that
money has been used to not only change
the way Western Avenue Rush Nevada would
be Hayes but also looks then you really
get you got the idea of what facade
Brands can do in a particular area
because now that those few blocks they
look really good that's how we got
investment in that area that's how we
got people to really believe in that
area again
and then as I fast forward to 2023
we're looking forward to the expansion
excuse me the demolition
and the groundbreaking
and now the rebuilding of a Martin
Luther King Jr recreational sandwiches
Journey Center
we don't get that without all of the
years of Labor that I put in for the
second district we've been able to look
and realize a new neighborhood plan for
that area
right we we we're looking at residents
who are engaged at a higher level
because of the work and the labor that
has been put in to making sure that the
residents in that direct area receive
the support that they uh deserve and
this vessel that's talking was a very
important piece to that
now as we are moving towards the
official groundbreaking
we're looking at an opportunity where
the council member for that area
that has labored labored and labor for
that particular area
not being able even to allow to speak
during the course of that ceremony
I call foul on that
and I call that to be one of the most
disrespectful moves by the current
Administration on whoever participated
with him on designing
an agenda that does not include the
representative for that area
how do you disregard the work
that a person has put in to a particular
area
I don't know
but to whoever is listening upstairs
outside over the Airways or even sitting
here with the council
you may want to revisit
that thought
and you may also want to figure out how
to make sure that the people of that
community in particular get what they
deserve and that's me because I put the
work in to ensure to make sure that that
area was taken care of nobody else
Against All Odds it got done
I think Mr Aaron Perry for his foresight
and ensuring that the center could be
built all of the things that have taken
place like I said since 2005.
that's my work 18 years and I deserve to
be at the microphone when it's time for
it to be ground broken thank you
thank you anyone else
I would just like to give a brief update
that hopefully the next month or so the
council will receive an update on
environmental concerns or issues and
discussions that have been ongoing
involving not only the administration
but also heads hats off to the St Joseph
Health Department as well as the
leadership of the County council at that
time I think that once that presentation
comes before the council it really shows
the results when all entities come
together we can get the job done so I
look forward to that update hopefully in
the next month or so
thank you anyone else
I would just like to say that uh as we
are in
barking on the New Year it's 2023.
that we all can work together
for the benefit of our community
um
and that we're able to
um
put differences aside and and look for
common ground to be able to
do what we've been elected to do
and that's to represent our community
and to make South Bend a better place
all of us have great ideals
all of us have great energy
um
and if we can work together
we can
put differences aside
it will help our city benefit better so
I'm just asking as we're going to 2023
that that we would all just take a
moment and focus on serving our
community and trying to make South Bend
a better place to live our kids are
watching
and
we want to be a great example to our
children
so
thank you
anyone else
[Music]
counselor Thomas Morgan
um I just want to say I uh
Mr Davis I'm not really sure
why you made your statements in in this
particular form right now but we all
know that we're a lot coming into a
campaign season
um it appears that we need to have a
discussion among the council how we use
this time in the council meeting I do
not I personally do not believe that
this is a time for anybody any of us to
be making campaign stem speeches thank
you
my assertion to you and his counsel was
about me not being included and on the
council business
it has everything to do with City
business it has nothing to do with the
campaign commitment I just talked about
the level and amount of time spent
getting that community over there called
candy Park organized not only with the
neighborhood association but leadership
for the neighborhood association so we
can go about the business of development
in that area I don't know how that turns
into a campaign the slogan but I'm going
to tell you what 18 years are spent
doing this I'm proud of my work
I'm sorry that you don't understand it
thank you with that I will move to the
privilege of the floor
um
Clark Jones well is there anyone I see
thank you if you please state your name
and address you know the routine
happy New Year happy New Year Sharon
Nikki 3822 Ford Street
you guys aren't going to like some of
what I've got to say but it's got to be
said
seventeen thousand dollars was spent
between the month of November and
December to pay the clerk and another
person and still no meeting minutes that
is be Beyond obscene I was here when
John vorte was clerk I complained about
the meeting minutes not being timely I
was here when Karima was clerk I
complained about the meetings not being
timely the fact that we don't have any
meeting minutes since September and
they're still being rejected shame on
all of you every one of you you're a
grown adult put your egos at the door
and put your hands together and get this
solved get this over with get these
meeting minutes online the city doesn't
have money for lawsuits because egos
can't be checked
I've run into a couple of you here and
there and we've had
conversations Mr Lee stop me and he says
how do you like your new line on Chicago
Street
I never got my new light
how's the shootings are they down no
everybody knows Derek Dieter does video
on New Year's Eve if I wasn't in my
bedroom protecting my grandson I could
have done a video out my front door that
would have rivaled Derek deters only
instead of being a couple blocks this
way or that way they were in my backyard
they were next to me they were across
the street from me so no things are not
getting better over there I was asked
how I felt about that press conference
that happened in front of my house
across the street
that press conference didn't do anything
but highlight how bad it is we live it
we know how bad it is
nobody except for one person after that
press conference walked door to door to
talk to the neighbors you show up you
tell us how bad it is you get back in
your vehicles and you drive away and
we're still living this nightmare
come do your press conference but bring
suggestions say hey we're going to try
this or what do you think about that no
it was hey I can't believe how many guns
have been fired over here I can't
believe how many shootings
I believe it I live it daily I live it
nightly my grandson didn't come over for
months at a time because his parents
didn't trust him in my house
and then I bring him over New Year's Eve
and I've got the neighbors next to me
and across the street from me and these
aren't just little guns
um
the night I saw you Mr Lee that weekend
prior the police officers heard the guns
going they called it in before shot
spotter did High Velocity rapid fire
gunshots so these aren't little guns
they're playing with
we need Solutions we don't need press
conferences we don't need dog and pony
shows we need answers we need people to
come and talk to us I know my neighbors
are working with the police because the
police tell me that there's been
shootings they come back to my house
asking for my video I look through my
camera if I've got it it's theirs if I
don't I can't give it to them I go knock
on my neighbor's doors hey there was
another shooting do you have any video
yes they do or no they don't and it gets
turned over but we need more help the
police department has hired and hiring
and they need to keep hiring we need
these specialty units back we need a
gang unit we need a drug unit during the
recent blizzard when weather was
terrible everybody stayed home except
for my drug house they still did
business as usual because they're a drag
house and they knew the roads would
nobody else was going to be on the roads
but they had traffic coming and going
and everybody in the neighborhood knows
they're a drug house
but what's happening with it
I don't know maybe it'll get raided
maybe it won't
time man
thank you thank you so much for your
comment is there anyone else in the
audience I would like to speak for a
purpose of the floor
if not clerk Jones will you please is
there anyone in the virtual audience
there's no one in a virtual audience
that is expressing interest to speak on
privilege of the floor thank you so much
with that this meeting is adjourned
foreign
you ready
so