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Home My WebLink About03-23-20 Agenda Packet MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: MARCH 19, 2020 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, March 23, 2020: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 6:30 P.M. HEALTH AND PUBLIC SAFETY CHAIRPERSON, WARNER 1. Bill No. 20-05- Resolution Continuing Declaration of Local Disaster Emergency 6:40 P.M. PERSONNEL AND FINANCE CHAIRPERSON, WHITE 1. Bill No. 13-20- Special Appropriation Ordinance 2. Bill No. 15-20- Amendment to Ordinance 10685-19, Non-Bargaining Salary Ordinance Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Personnel and Finance Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, T. SCOTT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, March 23, 2020 7:00 P.M. 1. ROLL CALL 2. SPECIAL BUSINESS MOTION TO SUSPEND THE RULES IN ORDER TO HAVE THIRD READING OF BILLS AT THE SAME MEETING THE BILLS ARE INTRODUCED PURSUANT TO SEC. 2-9(w) OF THE SOUTH BEND MUNIPAL CODE MOTION TO SUSPEND THE RULES IN ORDER TO ADVANCE FIRST READINGS ON THE AGENDA 3. BILLS ON FIRST READING BILL NO. 13-20 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2020 OF $500,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (#408) 15-20 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10685-19, WHICH FIXED MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2020, TO ADDRESS USE OF SICK LEAVE, PAY, AND TELEWORKING DURING DECLARED EMERGENCY SITUATIONS 4. COMMITTEE OF THE WHOLE BILL NO. 13-20 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2020 OF $500,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (#408) 15-20 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10685-19, WHICH FIXED MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2020, TO ADDRESS USE OF SICK LEAVE, PAY, AND TELEWORKING DURING DECLARED EMERGENCY SITUATIONS 5. BILLS ON THIRD READING BILL NO. 13-20 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2020 OF $500,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (#408) 15-20 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10685-19, WHICH FIXED MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2020, TO ADDRESS USE OF SICK LEAVE, PAY, AND TELEWORKING DURING DECLARED EMERGENCY SITUATIONS 6. RESOLUTIONS BILL NO. 20-05 A RESOLUTION ON BEHALF OF THE SOUTH BEND COMMON COUNCIL CONSENTING TO THE RENEWAL OR CONTINUANCE OF A DECLARATION OF A LOCAL DISASTER EMERGECY UNTIL THE NEXT REGULAR OR SPECIAL COMMON COUNCIL MEETING 7. ADJOURNMENT Notice for Hearing and Sight Impaired Persons: Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request if and when possible. 2020 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-08-20) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Jake Teshka, Chairperson Karen L. White, Member Rachel Tomas Morgan, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Lori Hamann, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Tim Scott, Member Karen L. White, Member Jake Teshka, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Troy Warner, Chairperson Rachel Tomas Morgan, Member Sharon L. McBride, Vice-Chairperson Sheila Niezgodski, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Henry Davis, Jr., Member Lori Hamann, Vice-Chairperson Troy Warner, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Jake Teshka, Member Troy Warner, Vice-Chairperson Lori Hamann, Member 2020 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-08-20) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Rachel Tomas Morgan, Member Jake Teshka, Vice-Chairperson Sheila Niezgodski, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Troy Warner, Member Henry Davis, Jr., Vice-Chairperson Lori Hamann, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Sheila Niezgodski, Vice-Chairperson Sharon L. McBride, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Henry Davis, Jr., Chairperson Troy Warner, Member Jake Teshka, Vice-Chairperson Sheila Niezgodski, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Sharon L. McBride, Chairperson Rachel Tomas Morgan, Member Sheila Niezgodski, Vice-Chairperson Lori Hamann, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott, Member Jake Teshka, Member 2020 COMMON COUNCIL STANDING COMMITTEES (Rev.01-08-20) TIM SCOTT, 1ST District Council Member President Sub-Committee on Minutes, Member Council Rules Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member SHARON L. MCBRIDE, 3rd District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Community Investment Committee, Member Zoning & Annexation Committee, Chairperson Residential Neighborhoods Committee, Member Health & Public Safety Committee, Vice-Chairperson TROY WARNER, 4TH District Council Member Health & Public Safety Committee, Chairperson Public Works & Property Vacation, Member Community Relations Committee, Vice-Chairperson Utilities Committee, Member PARC Committee, Vice-Chairperson JAKE TESHKA, 5TH District Council Member Community Investment Committee, Chairperson Council Rules Committee, Member Personnel & Finance Committee, Vice-Chairperson PARC, Member Utilities Committee, Vice-Chairperson Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Public Works & Property Vacation, Chairperson Personnel & Finance Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Health & Public Safety Committee, Member Zoning & Annexation Committee, Vice-Chairperson Utilities Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson Community Relations Committee, Member Community Investment Committee, Vice-Chairperson Health & Public Safety Committee, Member Personnel & Finance Committee, Member Zoning & Annexation Committee, Member KAREN L. WHITE, AT LARGE Council Member Vice-President Residential Neighborhood Committee, Chairperson Council Rules Committee, Member Personnel & Finance Committee, Chairperson Community Investment Committee, Member LORI HAMANN, AT LARGE Council Member Community Relations Committee, Chairperson Zoning & Annexation Committee, Member Information & Technology Committee, Vice-Chairperson Public Works & Property Vacation, Member PARC Committee, Member 1200N COUNTY-CITY BUILDING PHONE 574.235.9216 227W. JEFFERSON BLVD. a FAx 574.235.9928 SOUTH BEND, INDIANA 46601-1830 5 _ PEACE a z A x 1865 CITY OF SOUTH BEND JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE March 17, 2020 MAR 18 2020 Mr. Tim Scott, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor I South Bend, Indiana 46601 RE: Special Appropriation Dear President Scott, Due to the continuing need to address the spread of COVID-19 virus and to provide relief for residents and employees of the City, the City of South Bend administration is requesting a special additional appropriation outside of our normal, quarterly appropriation process. This special appropriation will be set aside to cover the cost of the City's response to the spread of the virus. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for hearing at the March 23, 2020 Council meeting. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, Daniel T. Parker City Controller BILL NO. 13-20 BILL NO. 13-20 MAR 18 2020 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2020 OF 500,000 FROM ECONOMIC DEVELOPMENT INCOME TAX(#408). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2020 operating and capital budgets in 2019 (Ordinances#10675-19 and#10677-19 passed on October 14, 2019), which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2020 and set apart within the following designated funds for expenditures as follows: FUND Amount Economic Development Income Tax (EDIT) (#408) $500,000 TOTAL 500,000 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Tim Scott, President of the Common Council South Bend Common Council Attest: Dawn M. Jones, City Clerk City of South Bend,Indiana March 2020 Special Appropriation Request increase or decrease in total fund expenditures) March 17,2020 Budget Department Account Project Increase/ Fund Name Name Account Name Contact Name Number Number (Decrease Justification EDIT Mayor's Office Grants& Subsidies Daniel Parker 408-0401-415.39-30 500,000 Set aside funding for the City's repsonse to the COVID-19 virus Total Additional Appropriation 500,000 2019 Budget Amendments 3/17/2020 Page 1 4 u rN e ; MAR 1 8 2020 zl`zrA1,14,7 GI Y . ND,IN I 1865 . CITY OF SOUTH BEND JAMES MUELLER, MAYOR OFFICE OF THE MAYOR March 18,2020 Mr. Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Amendment to 2020 Salary Ordinance in the Event of an Emergency Declaration Dear Council President Scott: The outbreak of COVID-19 has brought to light the need for the City's Executive to have additional flexibility to ensure the support, safety, and security of City employees. The proposed amendment to the 2020 Salary Ordinance helps provide that flexibility in the event of a declared emergency in accordance with I.C. 10-14-3-29 (local declaration) or I.C. 10-14-3-12 (state declaration). Specifically,the proposed amendment expands the ability for City employees to use accrued sick leave and also gives the Mayor flexibilityto direct personnel to work remotely while continuing to receive pay. These provisions are specific to a declared emergency and further are scheduled to sunset at the end of 2020 absent Council action to continue them. Thank you for your consideration. Sincerely, l4JA Mayor James Mueller BILL NO. 15-20 MAR 10 2020 BILL NO. 15-20 ORDINANCE NO. i AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10685-19,WHICH FIXED MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2020, TO ADDRESS USE OF SICK LEAVE, PAY, AND TELEWORKING DURING DECLARED EMERGENCY SITUATIONS STATEMENT OF PURPOSE AND INTENT On October 14, 2019, this Council passed Ordinance No. 10685-19, which fixed maximum salaries and wages of appointed officers and non-bargaining employees of the City of South Bend for the calendar year 2020. The Common Council of the City of South Bend as well as the City's Executive desire to amend Ordinance No. 10685-19 as previously amended to address the use of employee sick leave,pay, and teleworking for City employees during an emergency as declared by the City Executive in accordance with I.C. 10-14-3-29 or as declared by executive order or proclamation by the governor of the State of Indiana under I.C. 10-14-3-12. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Ordinance No. 10685-19 is hereby amended to add the following additional section: A. Sick Leave to Care for Family: In the event of a declared emergency in accordance with I.C. 10- 14-3-29, or as declared by the governor of the State of Indiana under I.C.10- 14-3-12, the Mayor of the City of South Bend may modify appropriate uses of accrued sick leave as outlined in the Employee Handbook to include an employee's need to care for a child or family member whose school or place of work has been closed. B. Stay Home Pay During a Declared Emergency: In the event of a declared emergency in accordance with I.C. 10-14-3-29, or I.C. 10-14-3-12, the Mayor of the City of South Bend may direct personnel to work from home or another remote location and for them to continue receiving pay at their regular rate for all regularly scheduled, non-overtime hours ("Stay Home Emergency Pay"). Stay Home Emergency Pay is available subject to the following conditions: a. Employees who are able to perform some or all job functions from home or another remote location must perform those functions during the employee's regularly scheduled City work day; b. While the employee is working remotely, the employee is considered "on- call" and, therefore, must be available by phone to respond to City officials and must be available to return to their work location within two 2)hours; and c. The employee may not work to earn compensation from any other source during the employee's regularly scheduled City work day. d. Employees who are not full-time will receive Stay Home Emergency Pay calculated based on average hours worked over the previous two pay periods. SECTION II. The amendments to Ordinance No. 10685-19 as set forth in Section I herein shall expire on December 31, 2020 and shall not be construed to extend beyond that date without further express authorization. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, President South Bend Common Council Attest: Dawn M. Jones City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2020, at o'clock . m. Dawn M. Jones, City Clerk Approved and signed by me on the day of 2020, at o'clock m. James Mueller, Mayor, City of South Bend, Indiana 111 o S°T tia: City of South Bend 574)235-9321 jam Fax( 574) 235-9173 uv= Common Council TDD (574)235-5567 PEACE :2; 73' r http://www.southbendin.gov a 441 County-City Building• 227 W.Jefferson Blvd G C 1865South Bend, Indiana 46601 r/rn+ t Tim Scott South Bend Common Council Ma> R1g,&0O President 4th Floor, County-City Building Karen L. White South Bend, IN 46601 Vice-President Re: A RESOLUTION ON BEHALF OF THE SOUTH BEND COMMON Sharon L.McBride COUNCIL CONSENTING TO THE RENEWAL OR CONTINUANCE OF A Chairperson,Committee DECLARATION OF A LOCAL DISASTER EMERGECY UNTIL THE of the Whole NEXT REGULAR OR SPECIAL COMMON COUNCIL MEETING Tim Scott First District Dear Council Members: Henry Davis,Jr. Second District In light of the coronavirus (COVID-19) outbreak, and in consideration of other future emergency situations, we are asking for your favorable Sharon L. McBride consideration of this Resolution. Third District Troy Warner Indiana Code 10- 14-3-29 states that a declaration of a"local disaster Fourth District emergency," declared only by the principal executive officer of a political subdivision, may not be continued or renewed for more than seven (7) days Jake Teshka except by or with the consent of the governing body of the political Fifth District subdivision. Sheila Niezgodski Sixth District This Resolution essentially extends this period of time until the next subsequent full Common Council meeting whether regular or special Karen L. White meeting and ensures that there is no gap in the principal executive officer's At Large declaration of a"local disaster emergency." Rachel Tomas Morgan At Large Given the urgency of the immediate crisis with which we find ourselves as a City and as residents, we ask that this bill be assigned to and discussed at the Lori K. Hamann Health and Public Safety Committee meeting and passed at the regular At Large Council meeting on March 23, 2020. Sincerely yours, 24417 Rachel Tomas Morgan Council Member At Large South Bend Common Council BILL NO. 20-05 BILL NO.20-05 MAR 18 2020 RESOLUTION NO. A RESOLUTION ON BEHALF OF THE SOUTH BEND COMMON COUNCIL CONSENTING TO THE RENEWAL OR CONTINUANCE OF A DECLARATION OF A LOCAL DISASTER EMERGECY UNTIL THE NEXT REGULAR OR SPECIAL COMMON COUNCIL MEETING WHEREAS, Indiana Code 10- 14-3-29 states that a"local disaster emergency"may be declared only by the principal executive officer of a political subdivision; and, WHEREAS,the same statute provides that a declaration of a"local disaster emergency"may not be continued or renewed for more than seven (7) days except by or with the consent of the governing body of the political subdivision; and WHEREAS,any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly in the office of the Clerk of the political subdivision; and WHEREAS,the effect of a declaration of"local disaster emergency": (1) activates the response and recovery aspects of all applicable local or interjurisdictional disaster emergency plans; and, (2) authorizes the furnishing of aid and assistance under such plans; and permits the principal executive officer of the political subdivision to issue a"local travel advisory" at the"warning" level as defined under Indiana Code 10- 14-3- 29.5; and WHEREAS,the regular meetings of the South Bend Common Council take place on the second (2nd) and fourth(4th) Mondays of each month, therefore creating a period of a minimum of fourteen(14) days and a maximum of thirty(30) days between regular meetings; and WHEREAS,it is the intent and desire of the Common Council to ensure that there is no gap in the principal executive officer's declaration of a"local disaster emergency". NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The South Bend Common Council hereby consents to continue or renew any declaration of local disaster emergency"until the next subsequent full Common Council meeting whether regular meeting or special meeting. Section II. This consent is revoked upon any order or proclamation terminating the "local disaster emergency". Section III. This resolution shall be effective upon passage by the South Bend Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council