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HomeMy WebLinkAbout03-09-20 Council Minutes REPORT OF SUB-COMMITTEE ON MINUTES TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: THE SUB-COMMITTEE HAS INSPECTED THE MINUTES OF THE March 9, 2020 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: TIM SCOTT t441 / JAKE T SHKA APPROVED BY THE COMMON COUNCIL ON: March 23, 2020 ATTEST: Zei/WX) DAWN M. JONES, CITY ERK REGULAR MEETING March 9, 2020 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, March 9, 2020 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation (Rabbi Karen Companez, Temple Beth-El) and Pledge to the Flag were given. ROLL CALL COUNCIL MEMBERS PRESENT: Henry Davis Jr. 2nd District Sharon L. McBride 3rd District Troy Warner 4th District Jake Teshka 5th District Sheila Niezgodski 6th District Rachel Tomas Morgan At-Large Lori K. Hamann At-Large Karen L. White At-Large COUNCIL MEMBERS ABSENT: Tim Scott 1St District OTHERS PRESENT: Dawn M. Jones City Clerk Bianca L. Tirado Chief Deputy Clerk Graham D. Sparks Deputy Clerk Gabriel N. Murei Ordinance Violations Bureau Clerk Bob Palmer Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Jake Teshka made a motion to move Unfinished Business item titled `APPEAL OF A DENIAL OF A CERTIFICATE OF APPROPRIATENESS, COA#20191007A, BEN AND CARRIE MODLIN VS. HISTORIC PRESERVATION COMMISSION' to the March 23rd, 2020 meeting of the South Bend Common Council, as requested by the petitioner. Councilmember Sharon L. McBride second the motion which carried by voice vote of eight (8) ayes. Councilmember Sharon L. McBride made a motion that the minutes of the February 24th, 2020 and February 25th, 2020 meetings of the Council be accepted and placed on file. Councilmember Rachel Tomas Morgan seconded the motion which carried by a voice vote of eight(8) ayes. SPECIAL BUSINESS BILL NO. 03-20 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1322 N CHIMES, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Sheila Niezgodski made a motion to override the Mayor's veto of Bill No. 03-20. Councilmember Jake Teshka seconded this motion. Council Vice President Karen L. White 1 REGULAR MEETING March 9, 2020 opened the floor to discussion. Councilmember Sheila Niezgodski rescinded her motion. There was no formal motion made on Bill No. 03-20. Mayor James Mueller's veto of Bill No. 03-20 was upheld. REPORTS OF CITY OFFICES Representing the City Administration: Kacey Gergely, Chief of Staff RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:11 p.m. Councilmember Jake Teshka made a motion to resolve into the Committee of the Whole. Councilmember Troy Warner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Sharon L. McBride, Chairperson, presiding. Councilmember Sharon L. McBride explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. PUBLIC HEARINGS BILL NO. 07-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND,INDIANA FOR THE YEAR 2020 Councilmember Karen L.White,chair of the Personnel and Finance Committee,reported that they met this afternoon and send this bill to the full Council with a favorable recommendation. Dan Parker, City Controller for the City of South Bend with offices located on the 12th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Parker went over a PowerPoint presentation (which is available in the City Clerk's Office) that highlighted the key points of this bill. This being the time heretofore for Public Hearing on the above bill, proponents and opponents to this bill were given an opportunity to be heard. There were none. Councilmember Troy Warner and Councilmember Karen L. White thanked Mr. Parker for his PowerPoint presentation. Councilmember Jake Teshka made a motion to send Bill No. 07-20 to the full Council with a favorable recommendation. Councilmember Rachel Tomas Morgan seconded this motion which carried unanimously by a voice vote of eight (8) ayes. 08-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2020 OF$687,464 FROM GENERAL FUND (#101), $30,000 FROM POLICE STATE SEIZURES FUND (#216), $100,000 FROM GIFT, DONATION AND BEQUEST FUND (#217), $759,800 FROM LIABILITY INSURANCE PREMIUM RESERVE 2 REGULAR MEETING March 9, 2020 FUND (#226), $10,282 FROM LOCAL ROAD & STREET FUND (#251), $500,000 FROM MOTOR VEHICLE HIGHWAY RESTRICTED FUND (#266), $49,087 FROM TAKE HOME VEHICLE POLICE FUND (#278), $210,113 FROM IT / INNOVATION / 311 CALL CENTER FUND (#279), $156,596 FROM COPS MORE GRANT FUND (#295), $50,000 FROM COUNTY OPTION INCOME TAX FUND (#404), $333,224 FROM MORRIS CAPITAL IMPROVEMENT FUND (#416), AND $980,000 FROM CENTURY CENTER CAPITAL FUND (#671) Councilmember Karen L. White,chair of the Personnel and Finance Committee,reported that they met this afternoon and send this bill to the full Council with a favorable recommendation. Dan Parker, City Controller for the City of South Bend with offices located on the 12th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Parker went over a PowerPoint presentation (which is available in the City Clerk's Office) that highlighted the key points of this bill. Councilmember Troy Warner asked a clarifying question regarding the insurance proceeds for the East Bank Trail as well as future funding for paving. Councilmember Jake Teshka and Councilmember Rachel Tomas Morgan thanked Mr. Parker for making paving a priority when there are excess dollars to spend. Councilmember Rachel Tomas Morgan then asked a clarifying question on the IT line item. This being the time heretofore for Public Hearing on the above bill, proponents and opponents to this bill were given an opportunity to be heard. There were none. Councilmember Jake Teshka made a motion send to se d Bill No. 08-20 to the full Council with a favorable recommendation. Councilmember Rachel Tomas Morgan seconded this motion which carried unanimously by a voice vote of eight (8) ayes. 09-20 PUBLIC HEARING 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- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND AND FOR CALENDAR YEAR 2020, TO INCREASE SALARY FOR ONE NEW POSITION Councilmember Karen L. White,chair of the Personnel and Finance Committee,reported that they met this afternoon and send this bill to the full Council with a favorable recommendation. Dan Parker,City Controller for the City of South Bend with offices located on the 12th floor of the County-City Building, served as a presenter for this bill. Mr. Parker went over a PowerPoint presentation (which is available in the City Clerk's Office) that highlighted the key points of this bill. Councilmember Jake Teshka inquired about the qualifications of the new position. Kyra Clark, Director of Human Resources for the City of South Bend with offices located on the 12th floor of the County-City Building, South Bend, IN, served as a presenter for this bill. Mr. Clark replied to Councilmember Jake Teshka's question by outlining the job description as well 3 REGULAR MEETING March 9, 2020 as giving anecdotal history as to why this position had been difficult to fill with a competitive applicant. Councilmember Henry Davis Jr. inquired about the Office of Diversity and Inclusion's overall budget as well as the salary of the Diversity and Inclusion Officer. He also inquired about the vision of this particular Office in the City. He also inquired about the metrics that will measure the success of those outcomes. This being the time heretofore for Public Hearing on the above bill, proponents and opponents to this bill were given an opportunity to be heard. There were none. Councilmember Sheila Niezgodski made a motion to send Bill No. 09-20 to the full Council with a favorable recommendation. Councilmember Jake Teshka seconded this motion which carried unanimously by a voice vote of eight(8) ayes. RISE AND REPORT Councilmember Karen L. White made a motion to rise and report to full Council. Councilmember Jake Teshka seconded the motion which carried by a voice vote of eight(8) ayes. REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City building at 7:37 p.m. Council Vice President Karen L. White presided with eight (8) members present. BILLS —THIRD READING BILL NO. 07-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2020 Councilmember Jake Teshka made a motion to adopt Bill No. 07-20. Councilmember Rachel Tomas Morgan seconded the motion which carried by a roll call vote of eight (8) ayes. 08-20 THIRD 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 FOR THE YEAR 2020 OF$687,464 FROM GENERAL FUND (#101), $30,000 FROM POLICE STATE SEIZURES FUND (#216), $100,000 FROM GIFT, DONATION AND BEQUEST FUND (#217), $759,800 FROM LIABILITY INSURANCE PREMIUM RESERVE FUND (#226), $10,282 FROM LOCAL ROAD & STREET FUND (#251), $500,000 FROM MOTOR VEHICLE HIGHWAY RESTRICTED FUND (#266), $49,087 FROM TAKE HOME VEHICLE POLICE FUND (#278), $210,113 FROM IT / INNOVATION / 311 CALL CENTER FUND 4 REGULAR MEETING March 9, 2020 (#279), $156,596 FROM COPS MORE GRANT FUND (#295), $50,000 FROM COUNTY OPTION INCOME TAX FUND (#404), $333,224 FROM MORRIS CAPITAL IMPROVEMENT FUND (#416), AND $980,000 FROM CENTURY CENTER CAPITAL FUND (#671) Councilmember Sharon L.McBride made a motion to adopt Bill No. 08-20.Councilmember Sheila Niezgodski seconded the motion which carried by a roll call vote of eight(8) ayes. 09-20 THIRD 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-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND AND FOR CALENDAR YEAR 2020, TO INCREASE SALARY FOR ONE NEW POSITION Councilmember Lori K. Hamann made a motion to adopt Bill No. 09-20. Councilmember Sharon L. McBride seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTIONS BILL NO. 20-03 A RESOLUTION ON BEHALF OF THE SOUTH BEND COMMON COUNCIL REMINDING RESIDENTS OF CURRENT LITTERING ORDINANCES AND INFORMING RESIDENTS OF DANGERS OF RELEASING BALLOONS AND SKY LANTERNS INTO THE ATMOSPHERE AND ENCOURAGING THE ESTABLISHMENT OF EDUCATIONAL SERVICES AND AN ALTERNATIVE TO BALLOON AND SKY LANTER RELEASES Councilmember Troy Warner, chair of the Health and Public Safety Committee,reported that they met this afternoon and send this bill to the full Council with a favorable recommendation. Councilmember Jake Teshka, 2419 Cheshire Drive, South Bend, IN, served as the petitioner for this bill. Councilmember Jake Teshka summarized the key points of the resolution and the impetus of its introduction. This being the time heretofore for Public Hearing on the above bill, ro onents and opponents onents to P p this bill weregiven an opportunity to be heard. PP ortunY Vernardo Malone, 4510 Washington Street, South Bend, IN, spoke against the bill as he believes balloon releasing is a grief exercise used by families that experience a loss of a loved one (1). Councilmember Jake Teshka rebutted the parts of the resolution that encourages other more sustainable ways of honoring lost loved ones. Council Members were eachiven the abilityto comment on this bill. g Councilmember Jake Teshka made a motion to adopt Bill No. 20-03. Councilmember Sharon L. McBride seconded the motion which carried by a roll call vote of eight(8) ayes. 5 REGULAR MEETING March 9, 2020 20-04 A RESOLUTION ON BEHALF OF THE SOUTH BEND COMMON COUNCIL ENCOURAGING LOCAL RESIDENTS AND THE CITY OF SOUTH BEND TO "BUY-LOCAL" TO PARTICIPATE IN THE MANY BENEFITS OF PURCHASING FROM LOCAL BUSINESSES Councilmember Lori K. Hamann,chair of the Community Relations Committee,reported that they met this afternoon and send this bill to the full Council with a favorable recommendation. Councilmember Lori K. Hamann, 2658 Tomahawk Trail, South Bend, IN, served as the presenter for this bill. Councilmember Lori K. Hamann read the resolution into the record: A Resolution on behalf of the South Bend Common Council, encouraging local residents in the City of South Bend to `Buy-Local' to participate in the many benefits of purchasing from local businesses. Whereas, The South Bend Common Council is proud of local-independent businesses, including local agricultural businesses, and supports the impact those businesses have on the City's culture, economy and character; and, Whereas, by buying local South Bend and area residents encourage a strong sense of pride in our community; and, Whereas, buying local improves and protects the environment because the purchasing habits, central location and smaller footprint of local businesses results in less pollution and congestion; and, Whereas, according to The Cambridge Journal of Regions, Economy,and Society, counties with a higher volume of local businesses have a lower rate of mortality, obesity, and diabetes presumably due to eating foods that are unadulterated with pesticides like organic fruits and vegetables, or free from hormone disrupting compounds like grass-fed meats, pasture-raised eggs and dairy; and, Whereas, The Institute for Local Self-Reliance conducted a study which determined that each one hundred dollars ($100) spent at local independents generated forty-five dollars ($45) of secondary local spending, compared to fourteen dollars ($14) for big-box chain stores; and, Whereas, a more recent study by a private research firm, Civic Economics, found that the total impact(direct, indirect and induced) on a Chicago neighborhood was sixty-eight cents ($.68) for every dollar ($1) spent at local independents compared to forty-three cents ($.43)projected for chain competitors,meaning sixty- eight cents ($.68) of additional local economic return ultimately generated after additional spending cycles; and, Whereas, another study, commissioned by the American Independent Business Alliance, found that local merchants generated twice as much sales activity per square foot of a large chain store and nearly quadrupled the local economic return per square foot of the chain store projections; and, Whereas, local businesses create diverse job opportunities, boost the local economy and preserve neighborhoods; and, Whereas, purchasing from local businesses means less travel time from the farm to table thereby reducing the energy required to transport food by planes, trucks, and ships and reducing the nearly 250,000 tons of global warming gases attributed to the import of foods by limiting the use of fossil fuels; and, Whereas, buying local means the risk of foodborne illnesses is reduced because the food is fresher; and, Whereas, the benefits of buying local result not only from the actions of residents, but also from the actions of the City;and,Whereas,in addition to the benefits of residents buying local,purchasing local goods and materials by the City will increase the City's self-reliance and resiliency, as well as acting as a model for local purchasing policies that support local business development and economic growth; and, Whereas, colleges and universities are inherently an important potential institutional base for assisting community-based economic development in general, and civically engaged development in particular, and by strategically focusing higher education's academic programs and research to business practices colleges and universities can improve their core intellectual and academic work in part by giving students and faculty real-world experience which can inform both research and teaching. The Common Council therefore encourages participation in, and development of, economic partnerships with these valuable anchor institutions within our community; and, Whereas, encouraging local businesses to follow sustainable practices will quicken their participation in high-growth sectors of the economy such as renewable energy, recycling, green building, zero (0) waste and other sustainable businesses, which, in turn will encourage local graduates to remain in South Bend and attract new talent to the area. This being the time heretofore for Public Hearing on the above bill, proponents and opponents to this bill were given an opportunity to be heard. There were none. 6 REGULAR MEETING March 9, 2020 Council Members were each given the ability to comment on this bill. Councilmember Troy Warner made a motion to adopt Bill No. 20-04. Councilmember Jake Teshka seconded the motion which carried with a roll call vote of eight(8) ayes. BILLS ON FIRST READING BILL NO. 10-20 FIRST READING ON AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, RETROACTIVELY AMENDING ANNEXATION ORDINANCE #10629-18 (OLD NATIONAL ANNEXATION AREA) TO CORRECT SCRIVENER'S ERROR IN LEGAL DESCRIPTION Councilmember Rachel Tomas Morgan made a motion to send Bill No. 10-20 to the Zoning and Annexation Committee for Second Reading and Public Hearing at the March 23,2020 meeting of the South Bend Common Council. Councilmember Jake Teshka seconded the motion which carried by a voice vote of eight(8) ayes. 11-20 FIRST READING ON AN ORDINANCE OF THE CITY OF SOUTH BEND,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO CORRECT TYPOGRAPHICAL ERRORS IN VARIOUS ARTICLES AND TO ADD CLARIFYING LANGUAGE AND TABLES Councilmember Jake Teshka made a motion to send Bill No. 11-20 to the Zoning and Annexation Committee for Second Reading and Public Hearing at the March 23, 2020 meeting of the South Bend Common Council. Councilmember Rachel Tomas Morgan seconded the motion which carried by a voice vote of eight(8) ayes. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Councilmember Henry Davis Jr. spoke to his current relationship with the City Administration and with the 311 Call Center. Councilmember Henry Davis Jr. stated that he has been unable to reach Department Heads upon his request,and he finds that unacceptable as he is a Council Member that is responsible for approving the budgets of the various departments. PRIVILEGE OF THE FLOOR Four(4) citizens spoke on a variety of issues ranging from South Bend Animal Care and Welfare, the Special Prosecutor's Report on the Officer Involved Shooting and Death of Eric Logan, and the South Bend Police Department. ADJOURNMENT There being no further business to come before the Council Vice President Karen L. White adjourned the meeting at 8:29 p.m.