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Home My WebLink About04-13-20 Agenda Packet MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: APRIL 8, 2020 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, April 13, 2020: ***Due to the Executive Order by Indiana Governor Holcomb, the South Bend Common Council meeting will be legally held by way of a virtual meeting by using Microsoft Teams app. Public access to the meeting can be granted by this link: https://tinyurl.com/SBCC4132020*** 6:20 P.M. HEALTH AND PUBLIC SAFETY CHAIRPERSON, WARNER 1. Bill No. 20-06- Resolution Continuing Declaration of Local Disaster Emergency 2. Bill No. 16-20- Animal Welfare Suspension Ordinance 6:40 P.M. ZONING AND ANNEXATION CHAIRPERSON, MCBRIDE 1. Bill No. 18-20- HPC Suspension Ordinance 6:50 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TESHKA 1. Bill No. 17-20- Tax Abatement Coronavirus Emergency Ordinance Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Investment 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, April 13, 2020 7:00 P.M. ***Due to the Executive Order by Indiana Governor Holcomb, the South Bend Common Council meeting will be legally held by way of a virtual meeting by using Microsoft Teams app. Public access to the meeting can be granted by this link: https://tinyurl.com/SBCC4132020*** 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 UPDATE: JEFF REA, COVID-19 RESPONSE COORDINATOR 3. BILLS ON FIRST READING BILL NO. 16-20 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 5, ARTICLE 10, SECTION 5-125 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 5-38(a)(2), 5- 96(b) AND 5-97.5 FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 17-20 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 2, ARTICLE 6, SECTION 2-84.17 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 2-84.13, 2- 84.14, AND 2-84.15 FOR SIXTY (60) DAYS DUE TO THE DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 18-20 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 21, ARTICLE 13, SECTION 21-12.04(d) TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 21-12.04(b)(3) AND 21-12.04(b)(6)(G) FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 4. COMMITTEE OF THE WHOLE BILL NO. 16-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 5, ARTICLE 10, SECTION 5-125 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 5-38(a)(2), 5- 96(b) AND 5-97.5 FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 17-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 2, ARTICLE 6, SECTION 2-84.17 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 2-84.13, 2- 84.14, AND 2-84.15 FOR SIXTY (60) DAYS DUE TO THE DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 18-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 21, ARTICLE 13, SECTION 21-12.04(d) TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 21-12.04(b)(3) AND 21-12.04(b)(6)(G) FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 5. BILLS ON THIRD READING BILL NO. 16-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 5, ARTICLE 10, SECTION 5-125 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 5-38(a)(2), 5- 96(b) AND 5-97.5 FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 17-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 2, ARTICLE 6, SECTION 2-84.17 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 2-84.13, 2- 84.14, AND 2-84.15 FOR SIXTY (60) DAYS DUE TO THE DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 18-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 21, ARTICLE 13, SECTION 21-12.04(d) TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 21-12.04(b)(3) AND 21-12.04(b)(6)(G) FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 6. RESOLUTIONS BILL NO. 20-06 A RESOLUTION ON BEHALF OF THE SOUTH BEND COMMON COUNCIL CONSENTING TO THE RENEWAL OR CONTINUANCE OF A DECLARATION OF A LOCAL DISASTER EMERGENCY UNTIL ANY ORDER OR PROCLAMATION LAWFULLY TERMINATES THE LOCAL DISASTER EMERGENCY OR THE PASSAGE OF A RESOLUTION BY THE COMMON COUNCIL REVOKING THIS CONSENT 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 City of South Bend 574 235-9321 Fax(574) 235-9173 U t' Common Council TDD(574)235-5567 PEACE http://www.southbendin.gov 441 County-City Building • 227 \\ . Irttcrson Blvd South Bend In an -466111:-<Clerk's OfficeI8 /'' APR 0 7 2020 Tim Scott South Bend Common Council I Apri 7, 2020 President 4th Floor, County-City BuildingDAWN M.JONES Karen L.White South Bend, IN 46601 I CITY CLERK, SOUTH BEND, IN Vice-President Re: AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH Sharon L. McBride BEND, INDIANA,ADDING CHAPTER 5, ARTICLE 10, SECTION 5- Chairperson,Committee 125 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND of the Whole MUNICIPAL CODE SECTIONS 5-38(a)(2), 5-96(b) AND 5-97.5 FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER Tim Scott OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY First District RESULTING FROM CORONAVIRUS DISEASE 2019 Henry Davis,Jr. Second District Dear Council Members: Sharon L. McBride As you know, the entire country, including the City of South Bend, isThirdDistrict suffering from a pandemic of Coronavirus disease 2019 (COVID-19). In Troy Warner response, the Governor has issued several Executive Orders which Fourth District essentially limit actions of governmental bodies to "Essential Government Jake Teshka Functions" as defined in the Executive Orders. Similarly, Mayor Mueller, on Fifth District March 19, 2020 declared a local disaster emergency. Sheila Niezgodski The South Bend Municipal Code establishes certain deadlines for actions by Sixth District the Animal Welfare Commission. Section 5-38(a) requires a public hearing Karen L. White within ten(10) calendar days after a determination that probable cause exists At Large to believe an animal is potentially dangerous or vicious. Section 5-97(5) requires the Animal Welfare Commission to hear appeals within ten(10) Rachel Tomas Morgan working days (excluding holidays and weekends) of any appeal of aAtLargedeterminationthatananimalisdeemeda"potentially dangerous animal, Lori K. Hamann and/or a person or persons alleged to have"provoked" an animal resulting in At Large a violation of Chapter 5. Furthermore, Section 5-96(b) requires the Animal Welfare Commission to meet at least once each month. This proposed ordinance suspends Sections 5-38(a),5-96(b) and 5-97.5 during the duration of any Stay at Home or similar order by whatever name or the declaration of a local disaster emergency resulting from COVID-19. Although the Animal Welfare Commission is vitally important to the health and safety ofthe residents of South Bend, I do not believe that the actions identified above fall within the Executive Orders' definition of "Essential Government Functions". BILL NO. 16-20 rr rNrr•r•rr.•r,• 04 5°STH 8a City of South Bend 574) 235- 9321 rt Fax( 574)235-9173 fjIlU TDD 574 235-5567 PEACE J1J Common Council http://www.southbendin.gov 441 County-City Building • 227 W.Jefferson Blvd South Bend,Indiana 46601 I therefore ask that this proposed ordinance be scheduled for first reading at the Council's meeting on April 13, 2020. Due to the ongoing emergency, I also ask the Council to conduct the second and third readings of the ordinance on April 13, 2020. Thank you for your attention to this very important matter. I look forward to your support. Sincerely yours, Troy Warner, South Bend Common Council, Fourth District(Sponsor) Filed in Clerk's Office BILL NO. 16-20 APR 0 7 2020 ORDINANCE NO. 10716-20 DAWN M. JJONES CITY CLERK, SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 5, ARTICLE 10, SECTION 5-125 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 5-38(a)(2), 5- 96(b)AND 5-97.5 FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 STATEMENT OF PURPOSE AND INTENT Governor Eric J. Holcomb, in response to the Coronavirus disease 2019 COVID-19"), issued Executive Order 20-08 on March 23, 2020. That Executive Order, with specified exceptions, ordered all individuals currently living in the State of Indiana to stay home or their place of residence. Similarly, the Mayor of South Bend, on March 19, 2020 declared a local disaster emergency. This Ordinance suspends Sections 5-38(a), 5-96(b) and 5-97.5 during the duration of any Stay at Home or similar order by whatever name or the declaration of a local disaster emergency resulting from COVID 19. Section 5-38(a) requires a public hearing within ten (10) calendar days after a determination that probable cause exists to believe an animal is potentially dangerous or vicious. Section 5- 96(b) requires the Animal Welfare Commission to meet at least once each month. Section 5-97(5)requires the Animal Welfare Commission to hear appeals within ten (10) working days (excluding holidays and weekends) of any appeal of a determination that an animal is deemed a"potentially dangerous animal, and/or a person or persons alleged to have provoked" an animal resulting in a violation of Chapter 5. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5, Article 10, Section 5-125 is added to the South Bend Municipal Code to read as follows: 5-125 Suspension of Certain Municipal Code Requirements The requirements Sections 5-38(a)(2), 5-96(b) and 5-97.5 shall be suspended for the duration of any Stay at Home or similar order by whatever name issued by the Governor of Indiana or the declaration of a local disaster emergency by the Mayor of South Bend resulting from Coronavirus disease 2019. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval ofthe Mayor. Tim Scott, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk ofthe City of South Bend,to the Mayor of the Cityof South Bend, Indiana on the dayof 2020, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2020, at o'clock m. James Mueller, Mayor City ofSouth Bend, Indiana T" 0 S City of South Bend 574) 235- 9321 8' tQ=- Ow vA\ Fax(574) 235-9173 U Z TDD 574 235-5567GI PEACE a„ Common Council http://www.southbendin.govovg 441 County-City Buildit, 7-)ty n South Bend,Indfileell91Clerk S Office1865 APR 0 8 2020 Tim Scott South Bend Common Council j A iril 8, 2020 President 4th Floor, County-City Buil ing DAWN M.JONES Karen L. White South Bend, IN 46601 CITY CLERK,SOUTH BEND,IN Vice-President Re: AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH Sharon L.McBride BEND, INDIANA, ADDING CHAPTER 2, ARTICLE 6, SECTION 2- Chairperson,Committee 84.17 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND of the Whole MUNICIPAL CODE SECTIONS 2-84.13, 2-84.14, AND 2-84.15 FOR SIXTY (60) DAYS DUE TO THE DECLARATION OF A LOCAL Tim Scott DISASTER EMERGENCY RESULTING FROM CORONAVIRUS First District DISEASE 2019 Henry Davis,Jr. Second District Dear Council Members: Sharon L. McBride As you know, the entire country, including the City of South Bend, is Third District suffering from a pandemic of Coronavirus disease 2019 (COVID-19). In Troy Warner response, the Governor has issued several Executive Orders which Fourth District essentially limit actions of governmental bodies to "Essential Government Functions" as defined in the Executive Orders. Similarly, Mayor Mueller, on Jake Teshka March 19, 2020 declared a local disaster emergency. Fifth District The South Bend Municipal Code establishes certain deadlines relating to tax Sheila Niezgodski abatements. Section 5-38(a)requires a public hearing within ten(10)Sixth District calendar days after a determination that probable cause exists to believe an Karen L. White animal is potentially dangerous or vicious. Section 2-84.13 requires the At Large Department of Community Investment to send, on or before April 15 of each year, Rachel Tomas Morgan paperwork to the recipients of tax abatements, who must return the completed At Large paperwork to the Department of Community Investment on or before May 15. Section 2-84.14 sets forth a fine for the failure of a tax abatement recipient to Lori K. Hamann return such paperwork on or before May 15. Section 2-84.15 requires the At Large Department of Community Investment to provide a report to the Common Council on or before June 15, which report includes information received in the paperwork from the recipients of tax abatements. This proposed ordinance delays the deadlines contained in these ordinances for sixty(60) days due to COVID-19. We therefore ask that this proposed ordinance be scheduled for first reading at the Council's meeting on April 13, 2020. Due to the ongoing emergency, BILL NO. 17-20 04 5°uT 6_ City of South Bend 574) 235-9321 1F., 1l r.2,)1 Fax(574)235-9173 vTDD 574 235-5567 L Common Council http://www.southbendin.gov t rrn '^ 4; 441 County-City Building• 227 W.Jefferson Blvd South Bend,Indiana 46601 1865 we also ask the Council to conduct the second and third readings of the ordinance on April 13, 2020. Thank you for your attention to this very important matter. We look forward to your support. Sincerely yours, 4441.1 Yah Jake Teshka, South Bend Common Council, Fifth District(Sponsor) 4.0. f' AA. .41 ,-Oidg ttlAtalisft Rachel Tomas Morgan, South Bend Common Council, At Large(Co-Sponsor) Filed in Clerk's Office BILL NO. 17-20 APR 0 8 2020 DAWN M.,TONESORDINANCENO. 10717-20 I CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 2, ARTICLE 6, SECTION 2-84.17 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 2-84.13,2- 84.14,AND 2-84.15 FOR SIXTY (60) DAYS DUE TO THE DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 STATEMENT OF PURPOSE AND INTENT Governor Eric J. Holcomb, in response to the Coronavirus disease 2019 COVID-19"), issued Executive Order 20-08 on March 23, 2020 and Executive Order 20-18 on April 6, 2020. Those Executive Orders, with specified exceptions, ordered all individuals currently living in the State of Indiana to stay home or their place of residence. Similarly,the Mayor of South Bend, on March 19, 2020 declared a local disaster emergency. This Ordinance addresses the filing requirements set forth in Sections 2-84.13, 2-84.14, and 2-84.15 due to the declaration of a local disaster emergency resulting from COVID 19. Section 2-84.13 requires the Department of Community Investment to send, on or before April 15 of each year, paperwork to the recipients of tax abatements, who must return the completed paperwork to the Department of Community Investment on or before May 15. Section 2-84.14 sets forth a fine for the failure of a tax abatement recipient to return such paperwork on or before May 15. Section 2-84.15 requires the Department of Community Investment to provide a report to the Common Council on or before June 15, which report includes information received in the paperwork from the recipients of tax abatements. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 6, Section 2-84.17 is added to the South Bend Municipal Code to read as follows: 2-84.17 Delay of Certain Municipal Code Requirements As a result of any Stay at Home or similar order by whatever name issued by the Governor of Indiana or the declaration of a local disaster emergency by the Mayor of South Bend, the requirements Sections 2-84.13, 2-84.14, and 2-84.15 shall be delayed for a period of sixty (60) days, such that the Department of Community Investment shall send required paperwork to any tax abatement recipient on or before June 15 and such tax abatement recipients shall return such paperwork to the Department within thirty(30) days thereafter, and the Department shall subsequently provide its annual summary to the Common Council on or before August 15. 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, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of 2020, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2020, at o'clock m. James Mueller, Mayor City of South Bend, Indiana City of Southout en 574) 235-9321 ht" 1F Fax(574)235-9173 TDD(574)235-5567 Mir Common Counei _ httr.//www.southbendin ov r' r.` a'• 441 County-City Building v 227\\'.Jefferson Blvd r,r South Bend,Indiana 46601 I865IF Filed in Clerk's Office Tim Scott April 7, 2020 APR 0 7 2020President Karen L.White f DAWN M.JONES Vice-President South Bend Common Council CITY CLERK,SOUTH BEND, IN Sharon L.McBride 4th Floor, County-City Building Chairperson,Committee of the luteole South Bend, IN 46601 Tim Scott Re: AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH First District BEND,INDIANA,ADDING CHAPTER 21,ARTICLE 13,SECTION 21-12.04(d)TO THE SOUTH BEND MUNICIPAL CODE TO Henry Davis,Jr. SUSPEND MUNICIPAL CODE SECTIONS 21-12.04(6)(3) AND 21- Second District. 12.04(b)(6)(G) FOR THE DURATION OF ANY STAY AT HOME OR Sharon L.McBride SIMILAR ORDER OR ANY DECLARATION OF A LOCAL Third District DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 Troy Warner Fourth District Dear Council Members: Jake Teshka As you know,the entire country,including the City of South Bend, isFifthDistrict. suffering from a pandemic of Coronavirus disease 2019(COVID-19). In Sheila Niezgodski response, the Governor has issued several Executive Orders which Sixth District essentially limit actions of governmental bodies to "Essential Government Karen L.White Functions"as defined in the Executive Orders. Similarly, Mayor Mueller, on At Large March 19,2020 declared a local disaster emergency. Rachel Tomas Morgan The South Bend Municipal Code establishes certain deadlines for actions by At Large the Historic Preservation Commission Section 21- 12.04(b)(3) requires the Lori K.Hamann Historic Preservation Commission to hold at least 4 advertised public At Large hearings to provide the public with an opportunity of becoming aware of Commission business and to make their views known. Section 21- 12.04(b)( 6)(G) requires the Historic Preservation Commission to consider applications for certificates of appropriateness within 45 days after receipt and deems the application approved if not denied by the Historic Preservation Commission within 60 days after receipt of the application. This proposed ordinance suspends Sections 21-12.04(b)(3) and 21- 12.04(b)(6)(G)during the duration of any Stay at Home or similar order by whatever name or the declaration of a local disaster emergency resulting BILL NO. 18-20 OEM /12:-_,Cx7. ofSouth Bend 57+)235-9321 Fax(574)235-9173 5 t ,..,'"=—,. '. \\,1.rt1TIt") iCouncil TDD(574)235-5567t.v B` . tr"1, COo mo http://v vw.southbenciin.gov i4/ 441 County-City Building•227 W.Jefferson Blvd II ya1. South Bend,Indiana 46601C1 . I865 from COVID-19. Although the Historic Preservation Commission is vitally important to the welfare of the residents of South Bend, I do not believe that the actions identified above fall within the Executive Orders' definition of"Essential Government Functions". I therefore ask that this proposed ordinance be scheduled for first reading at the Council's meeting on April 13, 2020. Due to the ongoing emergency, I also ask the Council to conduct the second and third readings of the ordinance on April 13,2020. Thank you for your attention to this very important matter. I look forward to your support. Sincerely yours, 11 . -.) 14?...d../ . I Sharon McBride, South Bend Common Council,Third District Filed in Clerk's Office BILL NO. 18-20 APR 0 7 2020 ORDINANCE NO. 10718-20DAWN JONES CITY CLERK, SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 21, ARTICLE 13, SECTION 21- 12.04(d) TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 21- 12.04(b)(3) AND 21- 12.04(b)(6)(G) FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 STATEMENT OF PURPOSE AND INTENT Governor Eric J. Holcomb, in response to the Coronavirus disease 2019 COVID-19"), issued Executive Order 20-08 on March 23, 2020. That Executive Order, with specified exceptions, ordered all individuals currently living in the State of Indiana to stay home or their place of residence. Similarly, the Mayor of South Bend, on March 19, 2020 declared a local disaster emergency. This Ordinance suspends Municipal Code Sections 21- 12.04(b)(3) and 21-12.04(b)(6)(G) during the duration of any Stay at Home or similar order by whatever name or the declaration of a local disaster emergency resulting from COVID 19. Section 21- 12.04(b)(3) requires the Historic Preservation Commission to hold at least 4 advertised public hearings to provide the public with an opportunity ofbecoming aware of Commission business and to make their views known. Section 21-12.04(b)(6)(G)requires the Historic Preservation Commission to consider applications for certificates of appropriateness within 45 days after receipt and deems the application approved if not denied by the Historic Preservation Commission within 60 days after receipt of the application. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Article 13, Section 21-12.04(d) is added to the South Bend Municipal Code to read as follows: d) Suspension of Certain Code Requirements The requirements Sections 21-12.04(b)(3) and 21-12.04(b)(6)(G) shall be suspended for the duration of any Stay at Home or similar order by whatever name issued by the Governor of Indiana or the declaration of a local disaster emergency by the Mayor of South Bend resulting from Coronavirus disease 2019. 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, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk ofthe City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of 2020, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2020, at o'clock m. James Mueller, Mayor City of South Bend, Indiana IIIIII i I.iii eft T City of South Bend 574) 235-9321 1 Fax( 574)235-9173 it.Common Council TDD (574) 235-5567 15 PEACE http://www.southbendin.gov t,-.- r,- A.,,,/ 441441 County-City Building • 227 W.Jefferson Blvd c South Bend, n 1865 '.''' i e in Clerk's Office APR 0 7 2020TimScottSouthBendCommonCouncil1 Aril 7, 2020 President 4th Floor, County-City Buildin I I- South Bend, IN 46601 DAWN M.JONES Karen L. White CITY CI FMK Fsc-,ITI' PEND,IN Vice-President Re: A RESOLUTION ON BEHALF OF THE SOUTH BEND COMMON COUNCIL CONSENTING TO THE RENEWAL OR CONTINUANCE OF A Sharon L. McBride DECLARATION OF A LOCAL DIASTER EMERGENCY UNTIL ANY Chairperson,Committee ORDER OR PROCLAMATION LAWFULLY TERMINATES THE LOCAL of the Whole DIASTER EMERGENCY OR THE PASSAGE OF A RESOLUTION BY THE Tim Scott COMMON COUNCIL REVOKING THIS CONSENT First District Henry Davis,Jr. Dear Council Members: Second District As you know,the entire country, including the City of South Bend, is suffering from Sharon L. McBride a pandemic of Coronavirus disease 2019(COVID-19). Mayor Mueller,on March Third District 19,2020 declared a local disaster emergency. Troy Warner Indiana Code 10- 14-3-29 states that a declaration of a"local disaster emergency," Fourth District declared only by the principal executive officer of a political subdivision,may not be continued or renewed for more than seven(7)days except by or with the consent Jake Teshka of the governing body of the political subdivision. Fifth District Sheila Niezgodski At our last Council meeting we consented to the renewal or continuance of any declaration of a local disaster emergency until the next full Council meeting.ThisSixthDistrictResolutionextendsthisperiodoftimeuntilthereisalawfulterminationofthelocal Karen L.White disaster emergency or until the Council revokes this consent. At Large Given the urgency of the immediate crisis with which we find ourselves as a City Rachel Tomas Morgan and as residents, I ask that this bill be assigned to and discussed at the Health and At Large Public Safety Committee meeting and passed at the regular Council meeting on April 13, 2020. Lori K. Hamann At Large Thank you for your attention to this very important matter. I look forward to your support. Sincerely yours, I r'- elf' Rachel Tomas Morgan, South Bend Common Council, Member at Large BILL NO. 20-06 Filed in Clerk's Office BILL NO. 20-06 RESOLUTION NO.4847-20 APR n 7 2020 j_)NES CITY CLERK SOUTH BEND,IN A RESOLUTION ON BEHALF OF THE SOUTH BEND COMMON C C ' " . " THE RENEWAL OR CONTINUANCE OF A DECLARATION OF A LOCAL DISASTER EMERGENCY UNTIL ANY ORDER OR PROCLAMATION LAWFULLY TERMINATES THE LOCAL DISASTER EMERGENCY OR THE PASSAGE OF A RESOLUTION BY THE COMMON COUNCIL REVOKING THIS CONSENT 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 days except by or with the consent of the governing board 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 ofthe 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 the plans; and, WHEREAS,the regular meetings of the South Bend Common Council take place on the second and fourth Mondays of each month, therefore creating a period of fourteen (14) days between 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 ofa"local disaster emergency"; and WHEREAS,the ongoing spread of Coronavirus (COVID-19) poses a serious threat to the most vulnerable members of our community and general public health; and WHEREAS,mitigation of the virus's spread is the best tool in preventing local healthcare systems from being overwhelmed; and WHEREAS, an emergency declaration is an appropriate public safety response to prevent the spread of the virus in South Bend and the surrounding community; and WHEREAS, limitation of unnecessary travel will assist in the prevention of the spread of the virus. 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" for the duration of the COVID-19 public health emergency. Section II. This consent is revoked upon any order or proclamation lawfully terminating the "local disaster emergency" or passage of a resolution by the Common Council revoking this consent. 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