[0:00] okay that's okay [0:20] and [0:22] um [0:36] foreign [1:14] it hurt my eyes but [1:21] I don't think I have a real strong [1:23] prescription [1:27] I think I got some in my desk drawer [1:31] I think I do [1:33] huh [1:34] can you look in my top [2:06] foreign [2:21] okay [2:47] good evening I would like to call the [2:50] January 9th 2023 meeting to order Clark [2:54] Jones I believe you would like to read [2:56] some statements yes [2:59] good morning good evening members of the [3:02] public for audio quality we will be [3:04] muting everyone as virtual [3:07] that's not speaking by default to [3:10] maintain good audio quality for the [3:12] council members as well as yourselves if [3:15] you would like to speak during the [3:16] meeting on specific agenda items please [3:18] submit your request to speak in the chat [3:20] and directions to do so are located in [3:23] the chat we ask that you provide your [3:25] full name and addresses those are [3:27] required for all speakers at in-person [3:30] meetings if you would like to be called [3:33] on during the meeting to provide public [3:35] input again please insert your name and [3:37] address in the chat and you will be [3:39] called on during the relevant time for [3:41] the public input you will be given five [3:43] minutes to speak during that time for [3:46] Citizens that wish to speak during the [3:48] privilege of the floor please deserve [3:50] the following into the chat during that [3:52] time and the council president will call [3:54] on you and you will be given three [3:56] minutes to speak during privilege of the [3:58] poor to those who are virtual please be [4:01] sure to unmute yourself prior to giving [4:03] your remarks [4:05] thank you so much [4:07] at this time we will have an invocation [4:09] by Pastor John Ward [4:12] Pastor Ward [4:17] if you come up to the podium [4:25] good evening everyone good evening let [4:28] us bow our heads [4:30] Heavenly Father [4:32] as we start this meeting on tonight [4:36] Lord give us guidance [4:38] give us wisdom [4:40] give us support [4:42] so that we may come together as a whole [4:46] so that we may do what's right [4:50] in the eyes of God and for the people of [4:53] God [4:54] if there's anything [4:57] that's not right in the hearts [5:00] of your elected officials [5:03] Lord fix it right now in the name of [5:06] Jesus [5:07] let them become on one Accord Heavenly [5:10] Father [5:11] touch their hearts their minds [5:14] their bodies and soul father God [5:17] let them do what's right father God [5:20] so that we can heal the city of South [5:22] Bend [5:23] so that we can draw the people of South [5:26] Bend closer together [5:27] in the almighty name of Jesus I pray [5:32] amen amen amen [5:35] let us please stand for the Pledge of [5:37] Allegiance thank you [5:49] under God [5:59] Jones would you please call the roll [6:04] council member Davis [6:07] council member Lee President [6:09] councilmember Warner [6:11] present council member wax President [6:14] councilmember White president council [6:17] member Thomas Morgan president council [6:19] member Hammond president vice president [6:21] naski president president McBride [6:24] present nine president thank you [6:27] at this time I would like to state that [6:28] if you are here for Bill number 7122 [6:33] under zoning annexation it has been [6:36] tabled until January 23rd 2023 [6:40] also bill 52-22 [6:43] has been tabled until February 13 2023. [6:55] at this time we will have a report from [6:57] the subcommittee on minutes [7:01] on minutes to the comma Council [7:07] did the minutes [7:09] of the September 12 2022 September 26 [7:13] 2022 October 10 2022 October 24 2022 [7:19] November 14 2022 November 28 2022 [7:25] December 12 [7:26] 2022 [7:28] meetings and found them to be correct [7:31] therefore we recommend the same be [7:34] approved [7:37] Point voter I did not approve any of [7:40] those minutes we haven't had any changes [7:42] since the last discussion [7:44] as I said last time what's in those [7:48] minutes is uh just the list of the bill [7:51] and the votes there is uh zero substance [7:56] provided in the minutes [7:58] if you look at the statutory requirement [8:01] for the minutes [8:03] it's section five [8:05] 14 1.5-4 [8:10] item number three it requires a general [8:13] substance of all matters proposed [8:15] discussed and decided [8:16] and uh in my opinion just putting the [8:20] votes who voted yes and no does not [8:23] fulfill that [8:29] little substance [8:34] I'm just stating [8:37] the build titles are the general [8:39] assessment stating my opinion and these [8:41] are the council minutes [8:49] council member Warner has a [8:52] I'm not going to give a legal opinion on [8:53] whether or not they suffice but his [8:56] representation is accurate that the [8:58] minutes reflect just the [9:01] uh just the bill itself and the vote [9:04] doesn't contain substance beyond that [9:06] and [9:08] feedback we haven't seen any other [9:11] versions of those events [9:13] and I think it's up to the council these [9:15] are the council minutes and if the [9:17] council wants to vote to approve them [9:19] and believes that a vote is uh [9:22] substantive enough and fulfills that [9:24] then so be [9:26] I think the recommendation comes from [9:28] the subcommittee it does yes so [9:32] so at this point time I have not [9:35] approved and do not recommend the [9:36] minutes [9:46] um [9:47] information Specialists we checked with [9:50] him and he said that this is what we [9:55] what we are required to provide legally [9:58] that the bill title is the substance and [10:02] the date in who was at the meeting [10:04] because the because the minutes are [10:07] because the meetings are on video [10:10] and we can [10:11] um refer to the video we can bookmark [10:14] the video [10:15] and um move forward with there we don't [10:19] have the resources uh the resources have [10:23] been taken from us to to [10:26] to a summarization or verbatim minutes [10:29] and so this is what we are doing with [10:32] the resources that we've been allocated [10:38] so I got a few responses to that Mr [10:42] Britt is a advisor uh he's not the [10:48] deciding opinion on these and again [10:50] these are the council minutes these [10:52] aren't Mr britz minutes [10:54] and these are all minutes I will say [10:56] these are all minutes from when you were [10:59] fully staffed [11:01] so with that [11:06] I think [11:08] we have a motion on the floor [11:11] and for Council to for us to have the [11:14] roll call to accept the minutes and uh I [11:18] think Clark Jones uh you and I we can [11:21] have a further discussion I believe we [11:23] had sat down before to talk about uh the [11:26] minutes and also probably with speaking [11:28] with Council and Mr Britt I know we [11:32] talked about having him come in as well [11:34] so [11:35] um I think we need to move and let [11:38] parliamentarian do you have any input [11:40] uh president McBride I don't believe [11:43] there's a motion on the floor from any [11:46] council member so there is no [11:49] recommendation from the subcommittee I [11:51] think that [11:52] the councilor Warner had rejected if I [11:55] was correct he just said he does not [11:58] approve the proper motion would be to [12:01] approve the minutes there is no motion [12:04] out there to approve so there's nothing [12:07] for the council to do at this time okay [12:09] thank you for the clarification [12:13] the floor all the promotion or not [12:16] there's a tour open for motions it comes [12:20] out of the minutes committee [12:24] which is pounding subcommittee is the [12:28] proper entity to make the motion to [12:30] accept the minutes and there has been no [12:32] motion by that subcommittee [12:40] counselor wax and counselor Warner [12:45] for the minutes you don't need a full [12:48] committee for the minutes it's always [12:49] been two for the minute [12:52] it's one of those big [12:56] the council one would make a [12:58] recommendation but both of them agreed [13:00] to not move forward [13:04] if one of them made a recommendation we [13:06] would vote whether to pass or not they [13:09] both opted to not make that [13:11] recommendation [13:15] does that answer your question no it [13:17] doesn't [13:19] so forgive me [13:21] did Mr Black say no Mr Moore says yes [13:28] what was the tiebreaker [13:32] that would be the full Council amen [13:36] correct [13:37] it's gonna be a tie breaker by the pool [13:39] Council correct okay that's what I was [13:42] asking that's what I thought I'd said no [13:44] I I didn't say that you did I said I [13:46] made it slow and so I needed a better I [13:49] need to clarify okay thank you oh and I [13:52] would like to clarify [13:53] um we did have assistance with the [13:55] minutes when we were fully staffed the [13:58] minutes have always been [14:01] um because we did verbatim and we did [14:04] summarizations of the minutes they it [14:06] has always been extra and staff has had [14:09] to take the minutes home even though we [14:11] were fully staffed we did have a staff [14:14] member that couldn't do the minutes or [14:17] because of other reasons so we always as [14:21] in the last year and a half or so we've [14:23] had assistance with the minutes [14:27] okay [14:29] thank you so much [14:31] for your comments and it's on record [14:35] so what happens if we do not vote any [14:39] one they're they're still posted [14:42] um because according to uh statue we can [14:46] still post them we just post them as a [14:48] draft and not approved [14:50] so they're they're still online the [14:52] video is still online you can still go [14:54] you can see uh who attended the meetings [14:57] you can see who voted on which Bill how [14:59] they voted whether they attended the [15:01] meetings virtually or in person the the [15:04] date of the meeting the time the meeting [15:06] started the time the minute meeting [15:08] ended with the minutes all of that is [15:11] posted already as draft because we can [15:14] do that and well my question is for Bob [15:17] and I don't need to belabor this but [15:19] this I've never seen this before so [15:22] bear with me [15:23] so these minutes [15:25] and so on are never approved then what [15:28] happens [15:30] I mean as it relates to the work of the [15:32] council and even the clerk's office [15:35] we're in violation of state law at the [15:38] minute it's not approved and so what is [15:41] the [15:43] that the remedy would be up to no the [15:46] backlash is what I was looking for was [15:48] the consequence for not approving these [15:49] uh if someone could sue [15:53] the council for violation of the open [15:56] door law [15:59] so it'll be prudent on our end to get [16:02] this taken care of as soon as possible [16:03] because we will be the ones to get sued [16:05] not the clerk's office [16:08] is what you just said [16:10] someone will be sued for violation of [16:13] the open door law [16:17] okay like I said this is untried [16:19] territory for me yeah it is yeah [16:22] according to the public access counselor [16:25] minutes are reasonably expected to be [16:29] turned around within 14 days sure sure I [16:33] was but I the the acknowledgment of not [16:36] wanting to go forward with it because [16:37] something is not done the right way or [16:40] done the way that we want them done or [16:42] whatever that is [16:43] I just want to know what the consequence [16:45] was as it relates to the state and how [16:47] we were supposed to we have a mandate we [16:50] have to do certain things so [16:52] okay thank you sir [16:55] thank you with the [16:59] I'm sorry [17:01] I think this can be fixed with just uh [17:05] adding a few sentences of just the [17:07] general substance [17:09] during the this bill was raised and the [17:12] topic of affordable housing was asked [17:15] and answered and this was asked and [17:17] answered and it could be fixed with just [17:19] some general substance I look I I'm not [17:22] going down those streets I just wanted [17:24] to know what was the parameters and how [17:26] this works the law and who is the one [17:29] that would suffer the consequence it [17:31] sounds like the council would and so I [17:34] my my idea was be to get this taken care [17:37] of before we get sued [17:40] thank you I will move on [17:43] um there are no special business there [17:46] are no reports from the city at this [17:48] time [17:49] I would now entertain a motion to [17:51] resolve to the committee of the whole [17:53] second it has been moved in second Clark [17:56] Jones will roll please [17:58] council member Davis [18:00] aye council member Lee [18:02] aye council member Warner [18:04] aye council member wax council member [18:07] White [18:07] council member Thomas Morgan [18:10] aye councilmember Hammond I vice [18:12] president naskowski aye president [18:14] McBride aye nine eyes [18:18] foreign [18:29] we have to read this procedure as stated [18:33] in section 2 11. [18:37] and it says the clerk shall read each [18:40] title [18:43] by each bill by title only [18:46] the chairperson of the council standing [18:48] committee to which the bill was sent [18:50] shall give a report on the [18:52] recommendations from the committee a [18:54] formal presentation of the bill should [18:56] be made [18:57] which is is not subject to time [19:00] limitation common council members shall [19:03] have the right to ask two preliminary [19:04] questions to the presenters immediately [19:06] following the close of the formal [19:08] presentation on the bill [19:10] members of the public supporting the [19:12] bill shall have the opportunity to [19:13] address the council [19:15] each member of the public shall be [19:17] required to State his name or her name [19:20] and residential address or in the case [19:23] of a proposal made on behalf of an [19:25] entity other than a natural person or on [19:28] behalf of a group of individuals that [19:30] person and or their agent shall State [19:33] his or her name and business address for [19:36] record for record prior to making [19:38] remarks in support of the bill each [19:41] member of the public speaking in favor [19:43] of a bill should be limited to five [19:44] minutes [19:46] if the formal presentation against the [19:48] bill under consideration [19:51] the person or agent speaking on behalf [19:53] of such a remonstrate group shall not be [19:57] subject to time limitation [19:59] therefore each member of the public [20:01] speaking in opposition shall be limited [20:03] to five minutes for his or her [20:05] presentation each member of the public [20:07] shall be required to State his or her [20:09] name or residential address or in the [20:11] case of The Proposal [20:13] maybe half of an entity or other than a [20:16] natural person or on behalf of a group [20:19] of individuals that person or that or [20:22] their agent shall State his or her name [20:24] and business address for record prior to [20:26] making remarks in opposition of the bill [20:27] each member of the public shell and [20:30] opposition of the bill shall be limited [20:32] to five minutes [20:34] the remonstrance period following any [20:38] formal presentation against the bill [20:40] under consideration shall not exceed the [20:42] time used by members of the public who [20:44] spoke in favor of the bill or shall be [20:46] limited to 30 minutes whichever is [20:48] greater [20:49] there shall be an automatic five-minute [20:51] rebuttal period for the person or the [20:53] person who made the formal presentation [20:55] on the bill under consideration [20:57] after which the public portion of the [20:59] hearing is closed [21:01] following the public portion then [21:02] Council portion then takes place where [21:04] members of the Council debate ask [21:07] questions make motions on the bill under [21:10] consideration each bill must have a [21:12] motion addressed in the disposition of [21:14] the bill [21:15] as it is then sent to the full Council [21:17] for final action [21:18] in compliance with the governor's [21:20] executive orders the South and common [21:22] Council will be legally held by way of [21:25] virtual meeting using Microsoft teams at [21:27] the committee of the whole notes how [21:30] residents can participate for the public [21:32] portion as follows [21:34] a public can participate in the meeting [21:36] by following the directions in the chat [21:40] section in the Microsoft teams app at [21:42] the link provided by the city clerk any [21:45] member of the public wishing to speak in [21:46] favor or opposition to the bill must [21:48] indicate their desire prior to the close [21:50] of the public Hearing in order to speak [21:53] in favor against the bill you will need [21:55] to state your name [21:57] and address as it also as is also [22:01] required to speak at an in-person [22:02] meeting the city clerk will inform the [22:04] chair of the committee of the whole in [22:07] which order to proceed [22:09] to address each person in order with a [22:12] time limit of five minutes [22:18] give me a whole is now in session this [22:21] is the portion of the council's meetings [22:22] where bills are given a second reading [22:24] and public hearing I wish to share with [22:26] you that bills that will be given a [22:27] second reading and public hearing have [22:29] been given a first reading and set for a [22:32] committee meeting and public hearing [22:33] prior to this evening's meeting [22:35] in addition you will hear from the [22:37] chairperson of the committee where the [22:38] bill was discussed and the results of [22:40] their discussion if the proposed [22:42] ordinance is a zoning ordinance a report [22:44] from a staff member will be given in all [22:47] other situations the formal presentation [22:49] on the proposed ordinance will [22:51] immediately follow the committee report [22:52] the formal presentation shall be on time [22:58] on our agenda we had [23:00] um the bill 52-22 [23:03] it has been tabled [23:06] on our agenda [23:08] bill 69-22 [23:12] I'm sorry Bill 52 22 has continued to [23:16] February 13th oh I'm sorry [23:20] table [23:21] to February 13th [23:24] as requested by the petitioner [23:28] okay [23:30] now Bill 69-22 we've already had the [23:34] public input [23:36] and so now the only thing is for Council [23:39] uh discussion and so [23:42] um presenters will now um give their [23:48] name and address [23:55] yeah [23:57] okay Larry Jones would you please re [24:00] give Bill [24:02] 69-22 a second reading 69-22 [24:08] 6922 public hearing on an ordinance of [24:11] the common Council of the city of South [24:13] Bend Indiana approving a petition of The [24:15] Advisory Board of zoning appeals for the [24:17] property located at 1405 Portage Avenue [24:21] councilman District number one in the [24:23] city of South bin Indiana [24:27] all right chair point of order [24:30] um [24:31] this is not scheduled for public hearing [24:34] as [24:35] stated in the agenda the prior agendas [24:40] that had been sent out to the Republican [24:44] to council indicated that this was only [24:47] for third reading not for public hearing [24:50] so there's nothing improper with letting [24:53] them make their presentation and then [24:57] the the [24:59] Committee of the whole will make its [25:01] recommendation to the [25:03] full Council after the third reading [25:07] okay [25:08] my only point is that there is no public [25:10] hearing as stated [25:13] all right [25:15] and that's why I was disclosing that [25:17] it's only the discussion but yeah all [25:20] right Elizabeth [25:21] Angela Smith The Zone administrator with [25:24] the office is located in the 14th floor [25:25] of the building I'm only here to answer [25:27] any questions you may have unless you [25:28] want to refresher on what the bill [25:30] itself is [25:33] well [25:37] a refresher sorry [25:39] the property is the Portage the corner [25:42] of Portage Elwood they're seeking a [25:44] special exception its own Neighborhood [25:46] Center seeking a special exception for [25:50] um a vape smoke and tobacco shop in the [25:54] NC neighborhood center District this [25:56] came to you from the board of zoning [25:58] appeals of the favorable recommendation [25:59] we have had some work done by the uh [26:04] facade grant program which they're [26:07] looking to do improvements and so the [26:09] updated site plan I believe was [26:10] circulated to council as well as some [26:14] proposed elevations [26:16] other than that this can do from the [26:19] poor zoning appeals with a favorable [26:20] recommendation I'd be happy to answer [26:21] any questions [26:24] the petitioner is here if you have any [26:25] questions of the petitioner as well [26:35] will be given up to six afternoon [26:39] discussion or is that is that proper Bob [26:42] yes okay my name is Praveen gulati and [26:46] I'm from Peak investment and asset [26:48] management [26:49] so [26:50] um it's honorable common Council City [26:55] Clerk and Zoning staff I like to [26:58] reiterate that we respect the you know [27:02] process and the vote but I like to say [27:06] few things here [27:08] that the intended use is for over 21 [27:13] years of age group people [27:15] and the use is legal in the City of [27:19] South Bend and the state of Indiana [27:22] and the building is building is in a [27:25] shape [27:26] that it is in the three sections [27:30] um you know and those are having why you [27:33] know weight bearing wall unless you tear [27:37] this building down and try to have [27:40] something else there [27:42] uh you cannot make use of this building [27:45] so we have committed to the Improvement [27:49] plan it is all there [27:51] and there are restrained [27:54] from the [27:55] previous owners of the buildings [27:59] it was a Speedway Corporation they used [28:02] to have a gas station and a you know a [28:06] little car repair shop there [28:09] so in order to [28:12] restain the competition they put a lease [28:16] deed restriction that it cannot be used [28:19] for fuel station it cannot be a grocery [28:22] store it cannot be a you know like a [28:26] Dairy Store [28:28] so considering the building in question [28:31] right there [28:32] uh you know we we see only two uses one [28:37] is that we have a you know like a quick [28:40] service restaurant or a web shop [28:43] so in order to have a quick service [28:45] restaurant I talked to the zoning staff [28:47] they said this place is a neighborhood [28:51] District you know for pedestrian it [28:53] cannot be authorized for a drive-through [28:58] you know it is under your cities manual [29:00] or whatever the laws and the rules you [29:03] have [29:04] and then uh other than that this is the [29:08] only use we have [29:09] and this place is closed for 10 years we [29:13] want to open it I have the operators [29:15] here they have three three different uh [29:19] you know outfits in Indiana very [29:22] successful operation [29:24] so under these circumstances you know [29:27] either [29:28] um you know as councilman Lee said last [29:31] time that we have a better use but I [29:34] want to know what is that battle usage [29:36] you know and 97 98 of the franchises are [29:41] saying that you know you have to have a [29:43] drive through in order to do a quick [29:46] service restaurant [29:48] and we have surveyed it we have done our [29:52] due diligence and that is the only in in [29:55] the shape and manner this building is [29:57] and it is closed for several years that [30:00] is the only use we can do so rest is up [30:03] to the council to decide I I mean this [30:06] is what I have to say thank you thank [30:08] you [30:08] council members if you have any question [30:10] you can ask [30:12] you council members do you have any any [30:14] statements [30:16] like I said we've already done the [30:18] public portion we've already had those [30:19] who was against it we always had those [30:21] we already had that discussion part now [30:24] it's it's we didn't vote on it because [30:27] we wanted to give it more time and and [30:30] and and [30:32] see if we can come up with a better use [30:34] for [30:35] the the facility [30:38] um and the statute for a special [30:41] exemption is [30:43] for alcohol and tobacco and the reason [30:47] why they allow that to be there is so [30:49] that the community does have an [30:51] opportunity or the council has the [30:53] opportunity to [30:54] say what goes into a neighborhood and [30:57] one of the things that we have talked to [30:59] neighbors and people have spoke out [31:02] against it it was that the neighbors are [31:04] looking for something that's going to [31:05] help lift the neighborhood up and they [31:08] don't feel that a vape shop is is is [31:11] what would be good for the neighborhood [31:13] and what it attracts so [31:16] I like to hear any of the council [31:18] members that would like to make a [31:20] statement [31:23] councilman chair I was just are you open [31:26] to a question yes I uh the question I [31:30] want to ask when we [31:33] tabled this last time I think the [31:35] request was to the therapy conversations [31:38] with the neighbors has that happened and [31:41] can you report on that we've talked to [31:46] um various people from different parts [31:48] of the first district especially in that [31:51] area [31:52] and many people [31:54] would like to see [31:56] something that's going to lift the [31:58] community up something that's going to [32:00] not bring it down not bring another [32:04] negative element to the community and so [32:07] as I've talked to different people [32:09] that's been what what they've said to me [32:12] and we even had people that spoke out [32:14] against it in in the council meeting yes [32:17] Angela can you address the restrictions [32:20] that were mentioned [32:23] in relation to the drive-through in [32:26] relation to that property as a whole [32:28] like what can it be so there are some [32:31] deed restrictions which go outside of [32:34] the zoning enforcement so those wouldn't [32:36] be for us to enforce in terms of a [32:40] drive-through drive through would also [32:41] be a special exception so it would come [32:43] in front of the council if there was [32:44] going to be a drive-through restaurant [32:45] not sure the site's really big enough [32:47] for that but it could be a wider range [32:51] of retail uses carryout restaurant [32:54] it could be a dine-in restaurant it [32:57] could be [32:59] of any other retail other than a liquor [33:02] store or tobacco or vape [33:05] without a special exception [33:08] okay thank you [33:10] the other question I had is there has [33:13] been a [33:16] a gentleman with a smoker and kind of a [33:21] portable restaurant kind of food [33:24] and [33:25] um [33:27] are there people that are interested in [33:30] utilizing that property for other [33:32] purposes that [33:34] that information could be shared or [33:38] I think that there we we've talked the [33:41] city and there may be some ways to [33:43] incentivize something that's going to [33:45] lift the neighborhood up [33:47] um there are people who may be [33:49] interested in pursuing an opportunity [33:52] there uh again that that comes down to [33:55] the finances and all of that but as far [33:58] as what what transformation Ministries [34:00] down the street with uh the issues that [34:04] we have with the liquor stores and the [34:06] gas stations and all of that stuff the [34:09] residents didn't feel like they wanted [34:12] something that was going to continue to [34:13] compound the issue [34:22] any other questions [34:24] let's have one for clarification because [34:26] I thought I heard two different things [34:28] so the special exemption is for liquor [34:31] stores or [34:34] tobacco or is it not for this type of [34:37] establishment that's not what they're [34:38] requesting tonight that's the type of [34:40] retail like they're only requesting a [34:42] special exception for smoke vape and [34:44] tobacco they're not asking for liquor [34:47] store tonight but they have to have the [34:49] special exemption in order to have that [34:51] type of business there if they wanted to [34:53] yes I believe that's probably excluded [34:57] under their deed restrictions if I [34:58] recall also so [35:03] this would only this but as I mentioned [35:06] on the other special exceptions special [35:07] exceptions are a little bit different [35:08] than zoning and that it would only allow [35:11] the specific use to which the council [35:13] was reviewing and would be subject to [35:15] what was presented [35:23] if there's no other discussion yes yes [35:26] sure [35:27] um I I you left here last time because I [35:31] remember I remember voting against it [35:33] not because of the business because of [35:36] what you guys were planning to do [35:38] your conversation with the business [35:40] owner because I left with the impression [35:43] on the record that you were going to [35:45] speak with a business owner [35:47] about alternative uses perhaps [35:51] you know a certain time of selling of [35:54] the tobacco products [35:55] I I don't know what was that [35:57] conversation like we did not we did not [36:00] say that we would meet with the business [36:03] owners about certain times of no no I [36:06] didn't say that I said [36:08] for example what I'm asking you what was [36:10] your conversation with the business [36:11] owner when we when we met with the [36:14] business owner we did talk to him about [36:16] other opportunities of another type of [36:19] business that would be something that [36:21] could lift up the neighborhood [36:23] and we did have that discussion [36:26] and the result of the discussion was [36:29] it will be determined on the things that [36:31] the city would be willing to to help [36:34] with and um again that was to see if [36:38] there was interested because there is a [36:40] person who's seller uh barbecue there in [36:44] the in the uh [36:46] the business owner sir I'm asking what [36:48] is a conversation with your business [36:50] owner what was it like what happened [36:52] like to put a vape shop there I'm sorry [36:55] his conversation was he would like to [36:57] put the bait shop there and he wasn't [36:59] willing to change based upon what you [37:03] think it should be and it's still at the [37:06] end of the day was I I was I could have [37:09] a sign lease and have a vape shop here [37:11] and we could could start uh [37:14] getting getting Vapes out there [37:17] so I would like to [37:20] um entertain emotions you can't do that [37:22] I'm not done talking okay first of all [37:25] this today but you can't do that you [37:27] open the floor for people to ask [37:28] questions and then you're cutting me off [37:30] you you were saying I wasn't done I was [37:32] waiting for you to complete your your [37:33] response [37:37] are you finished [37:38] Mr Davis yes go ahead say what you got [37:41] to say oh I have a lot to say so when [37:45] you had your conversation in the [37:47] conversation not go the direction that [37:49] you desire to go [37:51] so you're at a stalemate with the [37:53] business owner about whether the use of [37:55] this property should be a vase shop or [37:57] not [37:58] or did the conversation end [38:02] um amicably as the conversation was I [38:05] would like to put a vape shop in there I [38:07] said that before what what um I would [38:11] love for us to be able to work together [38:13] to find something to put in that area [38:15] that's going to help lift the [38:16] neighborhood up and so with the [38:18] residents [38:20] oh I'm not stepping on anything I was [38:22] just wondering if the conversation was [38:24] about some conversation I'm sorry I said [38:27] that was the conversation okay so [38:30] um [38:31] you keep saying something we need [38:33] something there that's uplifting to the [38:35] neighborhood what is something not can [38:37] you define that for me please [38:39] I would say [38:42] because there is someone already selling [38:44] barbecue there is there could be a [38:46] Subway it could be a Little Caesars it [38:48] could be something that that's going to [38:50] be positive and not something that's [38:52] going to continue to draw negative uh [38:56] negative crowd to that area so again [39:00] we're very much interested in having a [39:02] conversation seeing what what we could [39:04] do as as a city working together and my [39:07] statement to the owner was this is an [39:11] opportunity that we could do something [39:12] that's going to lift the community up [39:14] would you be willing to to to [39:18] partner with the city [39:20] and we find something that's a better [39:23] fit than a vape shop [39:26] you know [39:28] um when you [39:30] Define something or whatever that is [39:34] the market now I talked about this [39:36] before has to suggest [39:39] the things that you are defining as [39:42] something [39:43] this gentleman is a investor [39:46] you cannot redefine what the elements [39:50] are already saying in that particular [39:52] area [39:54] if the area is low income [39:58] chances of you bringing in a Taj Mahal [40:01] or is next to zero it's just how the [40:04] market goes it performs [40:07] with the demographic [40:09] and the value of the particular area [40:11] there's nothing you can do to change [40:14] that so are you saying because this is a [40:17] African-American area or a place that [40:20] has been [40:22] that has had some some downturn that the [40:25] only we should accept just anything in [40:28] our neighborhood no sir what I am saying [40:30] to you [40:31] is that in order to get that area the [40:35] way that you desire it to be the way you [40:37] Vision it it should be [40:39] there's a number of things that are [40:40] going against it one is the school [40:42] that'll shut down down the street which [40:44] is called LaSalle the other issue that [40:47] you have in that area is called traffic [40:49] earlier there was a presentation from [40:52] property vacation and another committee [40:55] a property vacation and they talked [40:57] about the traffic riding it up and down [41:00] the alleyway that same logic has to be [41:04] applied to when you're talking about [41:05] Lincolnway you're talking about Western [41:06] you're talking about Portage and other [41:08] areas that are considered corridors so [41:10] in order for you to realize [41:13] uh new development at a higher level [41:16] your traffic count has to be [41:18] High okay it has nothing to do with [41:20] being black or being white or any ethnic [41:22] group it has everything to do with what [41:25] the the the outliers economic outliers [41:28] are saying to you your economic outliers [41:31] are not saying that this area is primed [41:34] for high development [41:36] so in order for you to get to the high [41:38] development you can't tell a small [41:40] business investors no because they are [41:43] going to bring traffic to that area [41:45] which will increase [41:47] the dollar amount for that area [41:49] so no it has nothing to do with race it [41:53] has everything to do with what the [41:54] market and how the market performs in [41:56] certain areas for instance [41:59] when Mishawaka thought it was a great [42:01] idea to open their streets up you [42:03] started seeing a lot more volume of [42:06] traffic you start to see it a lot more [42:08] investment into the area you start to [42:10] see tax-based expansion when you saw the [42:13] city of South Bend take their Corridor [42:15] streets and decrease the width of them [42:18] you started seeing businesses move out [42:20] it has nothing to do with race it has [42:23] everything to do with with the [42:25] atmosphere the economic outliers say to [42:28] you so no it's not a racial conversation [42:30] sir it's a fact conversation so at what [42:33] point do we not ask our community to [42:36] tell us what they want in the [42:38] neighborhood and there's certain things [42:39] that they I think we need to be more [42:40] realistic so when we go about our [42:43] Council business okay when we go about [42:45] our Council business it is up to the [42:47] representative to demand better from the [42:51] plane Department based upon those areas [42:53] and then when we talk about the [42:56] expansion of Tif districts and how money [42:58] is actually being invested in those [43:00] areas as it relates to infrastructure we [43:02] have to ride those issues to ensure [43:05] successful investment in those areas [43:08] that's how you get it done okay for more [43:10] race today but the other way to get it [43:13] done is insurance we have to move on I'm [43:16] trying to figure this out [43:18] give me 10 more seconds we're good give [43:20] me 10 more seconds over five minutes so [43:24] we're gonna we're gonna move [43:25] I will now entertain a motion regarding [43:27] this bill [43:29] move for favorable recommendation [43:35] thank you [43:38] I'll second that [43:40] all right it's been a motion and second [43:43] Clark Jones please call the world [43:45] council member Lee next [43:48] council member Warner [43:51] nay [43:52] councilmember wax [43:54] council member Thomas Morgan [44:01] councilmember Hammond [44:03] I [44:05] vice president nay [44:09] councilmember Davis [44:11] aye [44:12] president McBride [44:49] can you call the roll again for me [44:51] please yes [44:52] council member Lee next [44:55] council member Warner [44:58] council member wax [45:00] aye councilmember white nay [45:04] council member Thomas Morgan [45:06] council member Hammond aye [45:09] vice president niskowski nay [45:12] council member Davis [45:14] aye [45:15] president McBride [45:17] aye [45:19] we have four eyes in five days [45:23] all right bill 69-22 will [45:27] will be sent to the full council with [45:29] the [45:32] chair that motion fell so there needs to [45:36] be another motion for either and no [45:39] recommendation or an unfavorable [45:43] chair can I add a comment yes I just [45:46] want to there are a couple things that [45:48] I'd like to say here so I drive this [45:51] Corridor [45:54] um frequently and [45:57] um it's it's a challenged area we know [46:00] that [46:02] um there's an alcohol store there's a [46:04] liquor store there are two convenience [46:07] stores I'm not sure about the second one [46:11] but at least one of those has [46:13] does have tobacco sales [46:17] there are [46:19] to gas and Automotive related [46:23] businesses in that area [46:27] and so [46:29] what [46:31] um [46:32] what what is challenging to me is the [46:36] kinds of businesses that are currently [46:39] there [46:40] and how they serve this [46:43] um [46:46] lower socioeconomic area in our in our [46:50] city [46:51] what we know about research on this is [46:55] that tobacco retail shops and Specialty [46:58] vapor shops are disproportionately [47:01] present in neighborhoods where social [47:04] socially disadvantaged Youth and [47:07] families live [47:08] so [47:10] um [47:11] this is not just a special exception [47:14] request [47:15] in my opinion but it's a it's also a [47:18] policy issue [47:20] and it's related to Health Equity and [47:22] environmental justice [47:24] and it's about seeking ways to limit [47:28] the density of tobacco-related retail [47:31] and Vapor [47:33] Shop outlets in lower socioeconomic [47:38] status neighborhoods [47:41] um and so for those reasons I have a [47:43] real [47:46] problem with this development in this [47:48] part in this part of the city [47:51] I will uh entertain another motion [47:54] I'd like to move that we send Bill [47:57] 69-22 to the full Council [48:01] with an unfavorable recommendation [48:08] second there's been a motion in the [48:11] second Claire Jones please call the roll [48:13] council member Warner [48:15] aye councilmember wax [48:17] okay [48:19] councilmember white [48:21] aye [48:22] council member Thomas Morgan [48:24] aye [48:25] councilmember Hammond [48:33] aye [48:35] vice president [48:37] aye [48:38] council member Davis nog [48:42] council member Lee [48:44] aye [48:45] president McBride [48:47] aye seven eyes [48:48] okay this will be sent to the full [48:51] council with unfavorable recommendation [48:59] bill 71-22 has been tabled until [49:04] continued I'm sorry I'm sorry until [49:07] January the 23rd [49:09] and so Clark Jones would you please give [49:12] Bill 70 [49:15] 74-22 a second reading [49:20] 74-22 public hearing on an ordinance of [49:24] the common Council of the city of South [49:25] Bend Indiana amending the zoning [49:28] ordinance for property located at 505 [49:30] Ireland Road 4412 fellow street and 4422 [49:35] fellow street councilmanning District [49:37] number five in the city of South Bend [49:39] Indiana [49:44] all right is there a committee report [49:48] yes chair bill number is 7422 came [49:52] before zoning and annexation this [49:54] afternoon and comes to the community as [49:57] a whole with a favorable recommendation [49:59] is the petitioner president asked did [50:01] you state your name and address and [50:02] share with us key points regarding the [50:04] bill that's before us Angela Smith Sonia [50:06] Mr chair with city of South Bend offices [50:08] located in the 14th floor of this [50:09] building the property in question is 505 [50:12] Ireland 4412 and 4422 that's three [50:15] Parcels as noted by the three addresses [50:18] and it is [50:22] and it's at the corner of fellows in [50:25] Ireland see if my presentation will keep [50:27] going we lost connection here [50:32] the city wants to keep kicking me off of [50:34] Wi-Fi sorry [50:35] [Laughter] [50:41] the property owner has an existing [50:44] business and building located on the [50:46] southern two lots has acquired the the [50:49] northernmost quite some time ago and is [50:53] looking to do an expansion of what they [50:55] have and replicating the type of use [50:58] that they have the offices this is [51:00] slightly different than what you [51:01] normally see from us generally when we [51:03] have a commercial expansion we're really [51:05] concerned about how it might impact our [51:07] surrounding Neighbors in this case [51:09] as we showed earlier today there is a [51:13] city retention area just north of the [51:15] site and then the city public golf [51:18] course to the east which really prevent [51:20] this commercial from expanding much [51:23] Beyond its current footprint [51:26] uh you can see here that it's in a [51:29] commercially a Suburban kind of [51:31] commercial area the property on the west [51:34] extends commercial to about the same [51:36] location and then you have some [51:38] commercial properties across the street [51:40] uh the existing building is kind of more [51:43] residential in character which is part [51:45] of the written commitment request is for [51:48] a hipped or gabled roof to kind of [51:50] replicate this building and make sure we [51:51] get something appropriate as a [51:53] transition to the neighborhood [51:55] the existing property occupies the area [51:58] here in the Red outlet outline and the [52:01] expansion would be kind of a duplication [52:03] of that to the north the sea commercial [52:06] will allow them to do that in the [52:08] configuration that's consistent with [52:10] what they had previously this comes to [52:13] you from the plan commission with a [52:14] favorable recommendation subject to the [52:16] following rent commitments one all [52:18] buildings shall have a hipster gabled [52:20] roof and two drive-through facilities [52:22] shall be not be permitted be happy to [52:25] answer questions the presenter or the [52:27] petitioner is here as well [52:29] petitioner would you like to [52:32] say anything [52:37] good evening members of the council [52:40] my name is Mark mache I live at 19110 [52:42] Farmington Lane on the south side of [52:45] South Bend [52:46] we built the original building in 2006 [52:49] with myself and two business partners [52:51] this is currently the only real estate [52:54] that we own commercially and have owned [52:57] the residential lots since 2015 when we [53:00] bought it from Ray Unruh [53:04] we would like to continue our investment [53:06] in the South Side uh adding we feel like [53:08] there needs more opportunity for [53:10] Professional Services in this type of [53:11] building [53:12] is uh perfect for that type of [53:16] of opportunity [53:18] the adjacency to the golf course makes [53:20] it an attractive professional location [53:23] we did spend time walking the [53:25] neighborhood and speaking to the the [53:28] neighbors we're able to speak with four [53:30] of the seven houses just to the north [53:32] and all of which had no objections [53:36] several made comments on the [53:38] architecture and the quality of the [53:41] existing building and our commitment to [53:43] replicate that in a second building the [53:46] only negative was a mention of traffic [53:48] and we're going to keep the entrance [53:50] where it is so no traffic would would [53:53] progress down fellows any further than [53:55] it already does to enter the current [53:56] building [53:59] all right thank you council members do [54:02] you have any questions for the petition [54:03] at all [54:08] at this time we'll go to the public [54:10] hearing portion Clark Jones is there [54:12] anyone from the public wishing to speak [54:13] in favor of Bill 74-22 [54:23] favor of this bill [54:26] is there anyone present wishing to speak [54:29] in opposition [54:33] there's no one from the virtual public [54:35] that is expressing interest to speak in [54:37] opposition of this bill at this point [54:40] the public hearing on bill 74-22 is now [54:42] closed council members would you like to [54:45] make any statements [54:46] yes absolutely but Eli is his district [54:49] so he can go first get his hand up [54:52] sorry that's all right thank you I just [54:55] wanted to thank the petitioner for his [54:57] uh previous investment in South Side [55:00] South Bend generally [55:02] a south side is special to me obviously [55:05] and his continued commitment to invest I [55:08] just want to wish you success in your [55:10] investment [55:11] thank you [55:13] Mr Davis I I Echo it the same city [55:16] Minister he just um [55:18] he just conveyed to you but I wanted to [55:21] go a little bit deeper [55:23] um several years ago [55:25] there was a plan to take out the entire [55:27] Corner houses turn into some type of [55:31] like highway system I worked really hard [55:33] with the folks on fellow street to stop [55:36] that plan as a matter of fact we not [55:38] only stopped the plan but we were able [55:40] to get curbs and sidewalks in the area [55:42] to make more walkable which obviously [55:45] helps what you're doing right now as it [55:48] relates to what we just finished talking [55:50] about with the gentleman prior to this [55:52] particular bill it is a part of [55:54] development how development works you [55:56] couldn't do what you're doing right now [55:58] without Highway going through with all [56:01] those houses missing so in order to have [56:03] to say that neighborhood that could have [56:06] not existed [56:07] it's it's it's a very easy understanding [56:10] of how this works and so again I [56:12] appreciate your investment to the city [56:14] of South Bend look forward to more [56:16] actually [56:18] anyone else [56:24] I will now entertain a motion regarding [56:27] bill 74-22 [56:32] 74-22 be sent to the cons full council [56:36] with the favorable recommendations [56:37] second [56:39] all right there's a bit of motion in the [56:40] second Clark Jones please call the world [56:42] council member wax [56:44] aye [56:45] White [56:50] I vice president [56:53] aye council member Davis [56:55] aye council member Lee [56:57] aye council member Warner aye president [56:59] McBride [57:01] aye nine eyes all right [57:03] bill 74-22 will be sent to the full [57:06] council with the favorable [57:07] recommendation [57:08] uh [57:10] Clark Jones would you please give Bill [57:12] 79-22 a second reading [57:16] 89 22 public [57:21] proving competition of The Advisory [57:23] Board of zoning appeals for property [57:25] located at 7468 and 7686 Gordon Parkway [57:31] councilmanic District number one in the [57:33] city of South Bend Indiana [57:35] all right is the petitioner she's [57:37] present [57:40] yes there is thank you [57:43] um bill 789-22 came before zoning and [57:47] annexation this afternoon and comes to [57:50] the committee of the whole with a [57:51] favorable recommendation [57:54] all right we have our petitioner and I [57:56] ask that you state your name and address [57:57] I share with us key points we got [57:59] regarding this bill [58:05] okay before you use a request for a [58:07] special exception for heavy industrial [58:08] the property is located out near the [58:10] Tire Rack at Warden and Dynam boulevards [58:13] it's currently vacant it's been vacant [58:16] since the industrial subdivision kind of [58:19] came through and sat here and developed [58:22] the petitioner is looking to use both [58:23] lots to develop a large warehouse and [58:27] distribution facility [58:29] with some chemical potential in the the [58:33] works because there may be [58:35] dangerous or hazardous materials just to [58:39] be safe they are asking for the special [58:41] exception for the heavy industrial [58:43] classification there aren't many things [58:45] that kind of trigger between the two we [58:46] only have one industrial classification [58:48] so anytime it's a heavy industrial it's [58:49] always a special exception with a [58:51] council in this case it's located in an [58:54] industrial district surrounded by [58:55] industrial uses and the portion that [58:58] might be of that use is located behind [59:00] and out of side of the the traveling [59:03] public so it's of situated for the [59:06] intended use [59:08] based on the information that we had in [59:12] a discussion with the poor zoning [59:13] appeals they send this to you with a [59:15] favorable recommendation the petitioner [59:17] is here and we'll be happy to answer any [59:18] questions all right if you would please [59:21] approach the podium give us your name [59:22] and address please [59:25] thank you sir my name is George [59:26] lepignotas my address is 4101 Edison [59:30] Lakes Parkway Mishawaka Indiana I'm [59:32] attorney with Creek default I represent [59:34] Coast southwest coast Southwest is a [59:37] family company that has been has been in [59:41] business for many decades currently [59:43] headquartered in California with a [59:45] facility in Texas they also have some [59:49] currently leased facilities throughout [59:51] the Midwest [59:52] the owners of Coast Southwest Are Notre [59:55] Dame alumni and wanted to expand their [59:57] Midwest footprint they naturally looked [59:59] to South Bend and found the real estate [1:00:02] that was previously mentioned by the [1:00:04] zoning administrator [1:00:06] the application before you today is made [1:00:09] out of an abundance of caution 70 of [1:00:13] Coast Southwest work is packaged Goods [1:00:16] they do not process on-site they simply [1:00:19] buy the packages and then resell as a [1:00:22] distributor would however in partnership [1:00:24] with the University of Notre Dame they [1:00:26] are looking at potentially [1:00:28] commercializing some new types of [1:00:30] processes that could trigger that the [1:00:34] ingredients that Coast Southwest handles [1:00:37] um [1:00:38] could be considered hazardous in some of [1:00:41] their forms throughout the process so it [1:00:43] is important that they are up front and [1:00:45] ask for this designation sooner rather [1:00:48] than later partly because of their [1:00:51] corporate philosophy they're a extremely [1:00:53] they take pride in their corporate [1:00:55] responsibilities their multi-year [1:00:57] Excellence Award winner from What's [1:00:58] called the nacd which is which is the [1:01:01] National Association of chemical [1:01:02] Distributors they use best practices as [1:01:05] you can imagine in a state like [1:01:06] California they are very comfortable [1:01:08] dealing with federal state and local [1:01:10] regulations and the building is being [1:01:14] designed and potentially built by [1:01:16] holiday properties so an experienced [1:01:19] outfit doing that portion as well it [1:01:22] will have all necessary and legal [1:01:24] requirements for redundancies to ensure [1:01:27] the safety of the general public as well [1:01:29] as the environmental resources in the [1:01:31] community [1:01:32] council members do you have any [1:01:34] questions [1:01:37] I know that some of these industrial [1:01:39] buildings have to have these these uh [1:01:42] cages that [1:01:43] in case something happens it contains [1:01:46] everything and this this will have that [1:01:49] correct yeah and I believe if you look [1:01:51] it's a little hard to see but on the [1:01:52] screen there is [1:01:54] um the plan is for 94 000 square feet of [1:01:57] the potential 200 000 square feet to be [1:01:59] built immediately uh there is a small [1:02:02] um uh [1:02:04] square with an arrow pointing to it that [1:02:06] is the potential [1:02:08] containment center for anything that [1:02:11] might be categorized as hazardous [1:02:13] thank you anyone else [1:02:16] Mr wax with this project uh go forward [1:02:20] without this uh exception [1:02:22] that's a great question that's uh when I [1:02:26] was first approached by my client the [1:02:27] question was whether or not they even [1:02:29] needed this the heavy industrial [1:02:31] exception given what they're doing they [1:02:35] feel very [1:02:36] um [1:02:37] confident that what they are doing does [1:02:39] not as I told the committee earlier this [1:02:41] isn't green goop you know bubbling out [1:02:43] of a vat but [1:02:46] um you know environmental laws are just [1:02:47] getting more and more restrictive and so [1:02:50] they do feel it's important that they [1:02:53] check the the boxes that the city has [1:02:56] set forth in its ordinance its ordinance [1:02:59] for having Industrials very specific [1:03:01] if you are handling hazardous material [1:03:04] that qualifies you as as uh heavy [1:03:07] industrial so they feel it's important [1:03:10] what what kind of economic impact [1:03:14] would this project bring their employees [1:03:17] what kind of salaries what other [1:03:20] economic drivers with this brand so um [1:03:23] in addition to the aforementioned [1:03:26] um employees I'm sorry the building of [1:03:29] the space you know the plan is for 94 [1:03:31] 000 square foot immediate construction [1:03:33] uh that will be staffed by eight to ten [1:03:36] new hires here in this community uh if [1:03:39] the project is successful and [1:03:43] um grows and and that's probably a [1:03:45] misstatement if the project grows the [1:03:47] the use is already there they already [1:03:49] have sales offices throughout the [1:03:51] Midwest that they're going to [1:03:52] consolidate here in the South Bend and [1:03:54] they also currently have a distribution [1:03:56] center in Illinois that they would then [1:03:59] vacate that lease and move over so the [1:04:02] 94 000 square feet is just part of their [1:04:04] there are already existing operations [1:04:07] but if they grow to that 200 000 square [1:04:10] feet that they anticipate growing to [1:04:11] that would be a total of 50 50 to 60 new [1:04:14] jobs [1:04:15] and would also continue to grow as far [1:04:18] as their their partnership with the [1:04:20] University [1:04:21] I also see that they are they're very [1:04:25] responsible company run by a father and [1:04:29] now his daughter both ND grads they [1:04:32] enjoy South Bend so I would not see this [1:04:34] as being the last of their investment [1:04:36] here but but the first [1:04:38] thank you [1:04:40] anyone else I just have comments when at [1:04:43] times around thank you right now then I [1:04:46] will uh [1:04:49] we won't go to the public hearing [1:04:51] portion uh Clark Jones is there anyone [1:04:54] from the public wishing to speak in [1:04:55] favor of Bill 79-22 [1:05:00] virtual public that expresses interest [1:05:02] to speak in favor of Bill 7922 [1:05:06] is there any one wishing to speak in [1:05:08] opposition [1:05:09] there's no one [1:05:12] interested speaking opposition as well [1:05:15] at this point the public hearing on bill [1:05:17] 79-22 is now closed [1:05:20] uh now we will go to statements from the [1:05:22] council members [1:05:30] I'll just waiting for the chair to [1:05:31] recognize me okay [1:05:33] okay I was waiting for you to think [1:05:34] about me to jump in now go ahead okay [1:05:38] um I was just going to say thank you for [1:05:40] your presentation [1:05:42] tell you the investors thank you for [1:05:44] investing in South Bend I just only wish [1:05:46] 100 years ago that we had the same type [1:05:49] of like laws on the books and [1:05:51] enforcement I wouldn't have the back [1:05:53] slate issue going on in the second [1:05:55] district with a hill that is full of [1:05:57] trash that we want to say it's not and [1:05:59] so I I really think [1:06:02] God that we do have those sorts of [1:06:04] restrictions so we don't have to revisit [1:06:06] that as well you have that so much and [1:06:09] so many other communities you have been [1:06:11] in Harbor Water Crisis restrictions are [1:06:14] set by the EPA when it comes to what you [1:06:17] guys are talking about and again thank [1:06:19] you for the presentation and I feel safe [1:06:21] and comfortable because obviously [1:06:22] there's somebody enforcing the law then [1:06:25] we had to deal with it and you know go [1:06:28] on for for decades as it relates to [1:06:31] People's Health and Wellness in that [1:06:33] area [1:06:34] all right any other council members [1:06:38] I would just like to say thank you as as [1:06:40] a representative of First District thank [1:06:42] you for the investment in the first [1:06:45] district and we're looking forward to [1:06:46] those 50 to 60 new jobs and and [1:06:49] everything is spending and and and [1:06:51] things going well so thank you again [1:06:53] thank you and I know my clients are [1:06:55] online listening so I'm sure they [1:06:57] appreciate that as well [1:07:00] all right I will now entertain a motion [1:07:02] regarding bill 79-22 [1:07:05] the full council with favorable [1:07:06] recognition second [1:07:08] all right there's been a motion and a [1:07:11] second [1:07:11] uh Clark Jones please call the world [1:07:14] councilmember White [1:07:16] council member Thomas Morgan [1:07:19] aye councilmember Hammond I vice [1:07:21] president [1:07:22] aye council member Davis [1:07:24] aye council member Lee [1:07:26] aye council member Warner aye council [1:07:29] member wax aye president McBride [1:07:32] aye nine eyes [1:07:34] all right [1:07:36] um [1:07:37] 79-22 will be sent to the full council [1:07:39] with a favorable recommendation I will [1:07:41] now entertain a motion to rise from the [1:07:44] committee of the whole and report back [1:07:45] to the full Council SoMo all right it's [1:07:48] been moved in second can we do it by [1:07:50] acclimation yes all that some favors say [1:07:53] aye aye all that opposed [1:07:56] all right motion passes [1:08:10] we're now on bills on third reading [1:08:12] this portion of our meeting is where [1:08:14] bills are given a third reading and [1:08:15] action is taken regarding bills that [1:08:17] were heard during the committee as a [1:08:18] whole Carter Jones will you give Bill [1:08:20] 63-22 a third read [1:08:23] 63-22 third reading on an ordinance of [1:08:26] the common Council the city of South [1:08:27] Bend Indiana and next thing to and [1:08:30] bringing within the city limits of South [1:08:32] Bend Indiana and amending the zoning [1:08:34] ordinance for property located in German [1:08:36] Township continued contiguous there with [1:08:40] councilman and District number one for [1:08:43] 21275 Cleveland Road South Bend Indiana [1:08:47] thank you counselor Lee is their [1:08:50] recommendation for the from the [1:08:51] committee of the whole yes [1:08:54] um Bill 63-22 comes to the full [1:08:57] Constable the favorable recommendation [1:08:59] thank you I will now entertain a motion [1:09:01] regarding bill 63-22 [1:09:13] the role please [1:09:15] council member Thomas Morgan [1:09:18] council member Hammond aye vice [1:09:21] president [1:09:23] aye councilmember Davis [1:09:25] aye council member Lee [1:09:27] aye council member Warner aye council [1:09:29] member wax [1:09:30] aye council member white [1:09:32] aye president McBride aye nine eyes [1:09:38] bill 63-22 has been adopted [1:09:42] Clark Jones will you please give Bill [1:09:44] 69-22 a third reading [1:09:48] 69-22 third reading when an ordinance of [1:09:51] the common Council of the city of South [1:09:52] Bend Indiana approving a petition of The [1:09:55] Advisory Board of zoning appeals for the [1:09:58] property located at 1405 Portage Avenue [1:10:01] councilmanic District number one in the [1:10:04] city of South Bend Indiana [1:10:06] thank you I will now like to counselor [1:10:09] Lee is their recommendation for the [1:10:11] committee as a whole regarding Bill [1:10:13] 69-22 comes to the full council with the [1:10:17] unfavorable recommendation [1:10:19] I will now entertain a motion regarding [1:10:21] Bill 6922 [1:10:25] make a motion to reject bill 69-22 [1:10:28] second [1:10:29] it has been moved and seconded Clark [1:10:31] Jones the role please [1:10:34] council member Hammond [1:10:36] aye [1:10:37] vice president [1:10:40] aye [1:10:40] council member Davis nay [1:10:43] council member Lee [1:10:45] aye [1:10:46] council member Warner [1:10:48] aye [1:10:48] council member wax nay [1:10:52] councilmember white [1:10:53] aye [1:10:54] council member Thomas Morgan [1:10:57] aye [1:10:57] president McBride nay [1:11:02] six eyes and three Nays [1:11:06] bill is 69-22 [1:11:08] was rejected [1:11:11] foreign [1:11:12] Jones will you give Bill 74-22 a third [1:11:16] reading [1:11:20] 74-22 third reading on an ordinance of [1:11:23] the common Council of the city of South [1:11:24] Bend Indiana amending the zoning [1:11:27] coordinates for property located at 505 [1:11:29] Ireland Road 4412 fellow street and 4422 [1:11:34] fellow street councilmanic District [1:11:36] number five in the city of South Bend [1:11:38] Indiana [1:11:39] thank you [1:11:41] counselor Lee is there a recommendation [1:11:43] for Bill number 74-22 [1:11:48] 71-22 I thought it had been [1:11:53] um oh I'm sorry yes it comes to the full [1:11:56] Council of favorable recommendation [1:11:57] thank you I would now entertain a motion [1:12:00] regarding Bill 7422 [1:12:02] I move for Passage second it's been [1:12:05] moved and seconded clerk Jones the role [1:12:07] please [1:12:08] vice president naskowski aye [1:12:11] council member Davis [1:12:14] aye [1:12:15] council member Lee [1:12:17] aye councilmember Warner [1:12:19] aye council member wax [1:12:22] aye councilmember white [1:12:24] aye council member Thomas Morgan aye [1:12:27] councilmember Hammond [1:12:29] aye [1:12:30] president McBride aye nine eyes [1:12:34] thank you Bill number 7422 has been [1:12:36] adopted [1:12:38] Clark Jones will you please give bill [1:12:40] number 79-22 a third reading [1:12:44] 79-22 third reading on an ordinance of [1:12:46] the common Council the city of South [1:12:48] Bend Indiana [1:12:49] approving a petition of The Advisory [1:12:51] Board of zoning appeals for property [1:12:53] located at 7468 and 7686 boarding [1:12:58] Parkway councilman District number one [1:13:00] in the city of South Bend Indiana [1:13:03] thank you I will now entertain a motion [1:13:05] regarding bill 79-22 [1:13:09] second it has been moved and seconded [1:13:11] Clark Jones the role please [1:13:14] council member Davis [1:13:16] uh council member Lee [1:13:19] aye council member Warner [1:13:21] aye council member wax [1:13:23] aye council member white [1:13:24] aye council member Thomas Morgan [1:13:27] aye councilmember Hammond [1:13:29] aye vice president [1:13:32] aye president McBride [1:13:34] aye nine eyes thank you Bill 79 22 has [1:13:38] been adopted [1:13:40] there are no resolutions on tonight's [1:13:42] agenda [1:13:43] there are also no first readings on [1:13:46] tonight's agenda at this time I want to [1:13:49] open it up for unfinished business [1:13:54] if there are none I want to open it up [1:13:56] for new business [1:14:00] ladies first [1:14:03] goski thank you president McBride [1:14:07] um [1:14:07] I just wanted to make sure everybody [1:14:09] knew that before March 1st for citizen [1:14:11] numbers to apply to the council website [1:14:14] or contact the clerk's office if you [1:14:16] want to be a citizen member on one of [1:14:19] the standing committees [1:14:21] um [1:14:22] and also there is the Martin Luther King [1:14:25] breakfast that's going to be at 7 30 a.m [1:14:28] on January the 16th as well as the rest [1:14:31] of a day of different [1:14:33] um meetings that they'll be hosting [1:14:35] also the one last thing I want to talk [1:14:37] about is Lawrence Greenspan with the [1:14:40] 2045 plan has reached out their [1:14:44] engagement process is going to be ending [1:14:46] on March 31st [1:14:49] so if any of the council members in [1:14:51] their respective districts that would [1:14:53] still like to plan something for [1:14:54] engagement you have until that time so [1:14:57] it's fast approaching if you'd like to [1:14:59] plan something please reach out to Mr [1:15:01] Greenspan [1:15:03] thank you counselor Davis yes ma'am [1:15:06] thank you so much for recognizing me I [1:15:08] am I'll give me a couple moments [1:15:11] um 2005 [1:15:13] um I had to campaign to become a priest [1:15:16] and committee chairman that job itself [1:15:19] um usually was given away by the [1:15:21] chairman of the party at that time um [1:15:23] and rest in peace Bush Morgan seriously [1:15:26] um we um understood the only way that [1:15:30] you can get into the party was through [1:15:31] that blessing well I successfully [1:15:34] campaigned for that job and subsequently [1:15:37] I was elected in 2005. [1:15:40] 2007-2008 year I campaigned and I ran [1:15:42] for councilman of the city of South Bend [1:15:44] Second District [1:15:46] um [1:15:48] thank God I got him [1:15:51] from that point on I began to work to [1:15:54] establish [1:15:56] some sort of congruency [1:15:59] advocacy and also support in a number of [1:16:04] different ways for the the district [1:16:06] itself [1:16:07] within that time frame I had [1:16:11] um probably caused a lot of problems and [1:16:13] and got a lot of things resolved and it [1:16:15] was just really difficult and funky but [1:16:18] as a part of the learning process as it [1:16:20] relates to this job [1:16:22] as we move forward time has gone going [1:16:25] on [1:16:27] um as a result of that advocacy after [1:16:30] the the the some of the pains and bumps [1:16:33] and bruises I've received we started to [1:16:35] see development in the second district [1:16:38] the development started to see obviously [1:16:40] came from the city so that had a lot to [1:16:43] do with not with private investment but [1:16:44] it's public investment but I take it [1:16:47] did a very good job I'm patting myself [1:16:49] on the back on a number of these things [1:16:51] one thing and I don't want to belar the [1:16:53] point so I'm going to go to it really [1:16:55] quick LaSalle Center receives a four and [1:16:58] a half million dollar investment [1:17:00] deserved it right the building was [1:17:03] remodeled refurbished everyone's happy [1:17:06] in the community because we finally got [1:17:08] what we're looking for [1:17:10] um to get some more things passed as a [1:17:13] matter of fact councilmember white [1:17:14] helped out with this one co-sponsored we [1:17:17] got some monies invested over into the [1:17:19] Lincolnway race Corridor and Western [1:17:21] Avenue Corridor during that time that [1:17:23] money has been used to not only change [1:17:25] the way Western Avenue Rush Nevada would [1:17:28] be Hayes but also looks then you really [1:17:30] get you got the idea of what facade [1:17:33] Brands can do in a particular area [1:17:35] because now that those few blocks they [1:17:37] look really good that's how we got [1:17:39] investment in that area that's how we [1:17:41] got people to really believe in that [1:17:42] area again [1:17:44] and then as I fast forward to 2023 [1:17:49] we're looking forward to the expansion [1:17:51] excuse me the demolition [1:17:55] and the groundbreaking [1:17:58] and now the rebuilding of a Martin [1:18:00] Luther King Jr recreational sandwiches [1:18:03] Journey Center [1:18:04] we don't get that without all of the [1:18:06] years of Labor that I put in for the [1:18:09] second district we've been able to look [1:18:11] and realize a new neighborhood plan for [1:18:13] that area [1:18:14] right we we we're looking at residents [1:18:17] who are engaged at a higher level [1:18:19] because of the work and the labor that [1:18:22] has been put in to making sure that the [1:18:24] residents in that direct area receive [1:18:26] the support that they uh deserve and [1:18:29] this vessel that's talking was a very [1:18:32] important piece to that [1:18:34] now as we are moving towards the [1:18:37] official groundbreaking [1:18:40] we're looking at an opportunity where [1:18:43] the council member for that area [1:18:46] that has labored labored and labor for [1:18:49] that particular area [1:18:51] not being able even to allow to speak [1:18:54] during the course of that ceremony [1:18:58] I call foul on that [1:19:01] and I call that to be one of the most [1:19:03] disrespectful moves by the current [1:19:06] Administration on whoever participated [1:19:08] with him on designing [1:19:11] an agenda that does not include the [1:19:14] representative for that area [1:19:18] how do you disregard the work [1:19:23] that a person has put in to a particular [1:19:26] area [1:19:27] I don't know [1:19:29] but to whoever is listening upstairs [1:19:33] outside over the Airways or even sitting [1:19:35] here with the council [1:19:37] you may want to revisit [1:19:39] that thought [1:19:40] and you may also want to figure out how [1:19:43] to make sure that the people of that [1:19:45] community in particular get what they [1:19:48] deserve and that's me because I put the [1:19:52] work in to ensure to make sure that that [1:19:54] area was taken care of nobody else [1:19:57] Against All Odds it got done [1:20:01] I think Mr Aaron Perry for his foresight [1:20:03] and ensuring that the center could be [1:20:05] built all of the things that have taken [1:20:07] place like I said since 2005. [1:20:11] that's my work 18 years and I deserve to [1:20:15] be at the microphone when it's time for [1:20:17] it to be ground broken thank you [1:20:22] thank you anyone else [1:20:24] I would just like to give a brief update [1:20:26] that hopefully the next month or so the [1:20:29] council will receive an update on [1:20:31] environmental concerns or issues and [1:20:34] discussions that have been ongoing [1:20:38] involving not only the administration [1:20:42] but also heads hats off to the St Joseph [1:20:47] Health Department as well as the [1:20:49] leadership of the County council at that [1:20:52] time I think that once that presentation [1:20:55] comes before the council it really shows [1:20:58] the results when all entities come [1:21:01] together we can get the job done so I [1:21:04] look forward to that update hopefully in [1:21:06] the next month or so [1:21:09] thank you anyone else [1:21:12] I would just like to say that uh as we [1:21:15] are in [1:21:17] barking on the New Year it's 2023. [1:21:20] that we all can work together [1:21:25] for the benefit of our community [1:21:28] um [1:21:29] and that we're able to [1:21:31] um [1:21:32] put differences aside and and look for [1:21:36] common ground to be able to [1:21:38] do what we've been elected to do [1:21:41] and that's to represent our community [1:21:43] and to make South Bend a better place [1:21:47] all of us have great ideals [1:21:50] all of us have great energy [1:21:54] um [1:21:55] and if we can work together [1:22:00] we can [1:22:02] put differences aside [1:22:06] it will help our city benefit better so [1:22:09] I'm just asking as we're going to 2023 [1:22:11] that that we would all just take a [1:22:14] moment and focus on serving our [1:22:16] community and trying to make South Bend [1:22:19] a better place to live our kids are [1:22:21] watching [1:22:23] and [1:22:25] we want to be a great example to our [1:22:27] children [1:22:28] so [1:22:29] thank you [1:22:31] anyone else [1:22:33] [Music] [1:22:36] counselor Thomas Morgan [1:22:38] um I just want to say I uh [1:22:41] Mr Davis I'm not really sure [1:22:44] why you made your statements in in this [1:22:47] particular form right now but we all [1:22:50] know that we're a lot coming into a [1:22:53] campaign season [1:22:55] um it appears that we need to have a [1:22:57] discussion among the council how we use [1:23:01] this time in the council meeting I do [1:23:04] not I personally do not believe that [1:23:07] this is a time for anybody any of us to [1:23:10] be making campaign stem speeches thank [1:23:12] you [1:23:13] my assertion to you and his counsel was [1:23:16] about me not being included and on the [1:23:19] council business [1:23:20] it has everything to do with City [1:23:22] business it has nothing to do with the [1:23:24] campaign commitment I just talked about [1:23:27] the level and amount of time spent [1:23:29] getting that community over there called [1:23:32] candy Park organized not only with the [1:23:36] neighborhood association but leadership [1:23:37] for the neighborhood association so we [1:23:39] can go about the business of development [1:23:41] in that area I don't know how that turns [1:23:43] into a campaign the slogan but I'm going [1:23:45] to tell you what 18 years are spent [1:23:47] doing this I'm proud of my work [1:23:50] I'm sorry that you don't understand it [1:23:55] thank you with that I will move to the [1:23:58] privilege of the floor [1:24:00] um [1:24:01] Clark Jones well is there anyone I see [1:24:07] thank you if you please state your name [1:24:09] and address you know the routine [1:24:11] happy New Year happy New Year Sharon [1:24:13] Nikki 3822 Ford Street [1:24:17] you guys aren't going to like some of [1:24:18] what I've got to say but it's got to be [1:24:20] said [1:24:21] seventeen thousand dollars was spent [1:24:23] between the month of November and [1:24:25] December to pay the clerk and another [1:24:28] person and still no meeting minutes that [1:24:31] is be Beyond obscene I was here when [1:24:35] John vorte was clerk I complained about [1:24:38] the meeting minutes not being timely I [1:24:40] was here when Karima was clerk I [1:24:42] complained about the meetings not being [1:24:44] timely the fact that we don't have any [1:24:46] meeting minutes since September and [1:24:48] they're still being rejected shame on [1:24:51] all of you every one of you you're a [1:24:54] grown adult put your egos at the door [1:24:57] and put your hands together and get this [1:24:59] solved get this over with get these [1:25:02] meeting minutes online the city doesn't [1:25:04] have money for lawsuits because egos [1:25:07] can't be checked [1:25:10] I've run into a couple of you here and [1:25:12] there and we've had [1:25:14] conversations Mr Lee stop me and he says [1:25:18] how do you like your new line on Chicago [1:25:19] Street [1:25:21] I never got my new light [1:25:24] how's the shootings are they down no [1:25:27] everybody knows Derek Dieter does video [1:25:30] on New Year's Eve if I wasn't in my [1:25:32] bedroom protecting my grandson I could [1:25:35] have done a video out my front door that [1:25:37] would have rivaled Derek deters only [1:25:39] instead of being a couple blocks this [1:25:41] way or that way they were in my backyard [1:25:43] they were next to me they were across [1:25:46] the street from me so no things are not [1:25:48] getting better over there I was asked [1:25:51] how I felt about that press conference [1:25:53] that happened in front of my house [1:25:55] across the street [1:25:57] that press conference didn't do anything [1:25:59] but highlight how bad it is we live it [1:26:02] we know how bad it is [1:26:04] nobody except for one person after that [1:26:07] press conference walked door to door to [1:26:09] talk to the neighbors you show up you [1:26:12] tell us how bad it is you get back in [1:26:14] your vehicles and you drive away and [1:26:17] we're still living this nightmare [1:26:19] come do your press conference but bring [1:26:22] suggestions say hey we're going to try [1:26:23] this or what do you think about that no [1:26:26] it was hey I can't believe how many guns [1:26:29] have been fired over here I can't [1:26:30] believe how many shootings [1:26:32] I believe it I live it daily I live it [1:26:35] nightly my grandson didn't come over for [1:26:38] months at a time because his parents [1:26:40] didn't trust him in my house [1:26:43] and then I bring him over New Year's Eve [1:26:45] and I've got the neighbors next to me [1:26:47] and across the street from me and these [1:26:49] aren't just little guns [1:26:51] um [1:26:52] the night I saw you Mr Lee that weekend [1:26:55] prior the police officers heard the guns [1:26:58] going they called it in before shot [1:27:00] spotter did High Velocity rapid fire [1:27:03] gunshots so these aren't little guns [1:27:06] they're playing with [1:27:07] we need Solutions we don't need press [1:27:10] conferences we don't need dog and pony [1:27:12] shows we need answers we need people to [1:27:15] come and talk to us I know my neighbors [1:27:17] are working with the police because the [1:27:20] police tell me that there's been [1:27:22] shootings they come back to my house [1:27:23] asking for my video I look through my [1:27:26] camera if I've got it it's theirs if I [1:27:29] don't I can't give it to them I go knock [1:27:31] on my neighbor's doors hey there was [1:27:33] another shooting do you have any video [1:27:35] yes they do or no they don't and it gets [1:27:38] turned over but we need more help the [1:27:41] police department has hired and hiring [1:27:43] and they need to keep hiring we need [1:27:46] these specialty units back we need a [1:27:49] gang unit we need a drug unit during the [1:27:52] recent blizzard when weather was [1:27:54] terrible everybody stayed home except [1:27:57] for my drug house they still did [1:27:59] business as usual because they're a drag [1:28:02] house and they knew the roads would [1:28:04] nobody else was going to be on the roads [1:28:05] but they had traffic coming and going [1:28:07] and everybody in the neighborhood knows [1:28:09] they're a drug house [1:28:10] but what's happening with it [1:28:13] I don't know maybe it'll get raided [1:28:15] maybe it won't [1:28:17] time man [1:28:19] thank you thank you so much for your [1:28:21] comment is there anyone else in the [1:28:23] audience I would like to speak for a [1:28:25] purpose of the floor [1:28:28] if not clerk Jones will you please is [1:28:31] there anyone in the virtual audience [1:28:35] there's no one in a virtual audience [1:28:37] that is expressing interest to speak on [1:28:40] privilege of the floor thank you so much [1:28:42] with that this meeting is adjourned [1:29:20] foreign [1:29:52] you ready [1:30:29] so