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HomeMy WebLinkAbout04-13-20 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 April 13, 2020 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: TIM SCO ot"id JAKE SHKA APPROVED BY THE COMMON COUNCIL ON: May 26, 2020 6-t(,e/K) VX-• ATTEST: DAWN M.JONES, CITY LERK REGULAR MEETING April 13, 2020 Be it remembered that the Common Council of the City of South Bend, Indiana met virtually in the Microsoft Teams App on Monday,April 13,2020 at 7:00 p.m.The meeting was called to order by Council President Tim Scott. ROLL CALL COUNCIL MEMBERS PRESENT: Tim Scott 1St District* 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* *= denotes virtual attendance OTHERS PRESENT: Dawn M. Jones City Clerk* Bianca Tirado Chief Deputy Clerk* Graham Sparks Deputy Clerk* Rachel E. Coates Clerk's Executive Assistant* Gabriel N. Murei Ordinance Violations Clerk* Bob Palmer Council Attorney* *=denotes virtual attendance SPECIAL BUSINESS Councilmember Karen L.White made a 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 Municipal Code. Councilmember Troy Warner seconded this motion which carried by a roll call vote of nine (9) ayes. Councilmember Jake Teshka then made a motion to suspend the rules to advance First Readings on the agenda. Councilmember Sheila Niezgodski seconded this motion which carried by a roll call vote of nine (9) ayes. Jeff Rea, COVID-19 Response Coordinator for the City of South Bend with offices located at 101 South Michigan Street, South Bend, IN, went over a PowerPoint Presentation (which is available in the City Clerk's Office) with regard to the community's response to the COVID-19 Pandemic. 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 1 REGULAR MEETING April 13, 2020 RESULTING FROM CORONAVIRUS DISEASE 2019 Councilmember Jake Teshka made a motion to send Bill No. 16-20 to the full Council for Second Reading and Public Hearing for tonight's meeting. Councilmember Troy Warner seconded this motion which carried by a roll call vote of nine(9) ayes. 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 Councilmember Jake Teshka made a motion to send Bill No. 17-20 to the full Council for Second Reading and Public Hearing for tonight's meeting. Councilmember Rachel Tomas Morgan seconded this motion which carried by a roll call vote of nine (9) ayes. 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 Councilmember Jake Teshka made a motion to send Bill No. 18-20 to the full Council for Second Reading and Public Hearing for tonight's meeting. Councilmember Karen L. White seconded this motion which carried by a roll call vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:44 p.m. Councilmember Jake Teshka made a motion to resolve into the Committee of the Whole. Councilmember Karen L. White seconded the motion which carried by a voice vote of nine (9) 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. 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 2 REGULAR MEETING April 13, 2020 FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 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 Troy Warner, 623 Marquette Avenue, South Bend, IN, served as the presenter for this bill. Councilmember Troy Warner summarized the main points of this bill stating that due to recent events of the COVID-19 Pandemic,the Animal Care and Welfare Commission will suspend of their regular procedures until further notice is given to resume normal operations. Per Governor Eric Holcomb's Executive Order, and by confirmation of Council Attorney Bob Palmer, there was no public hearing for this bill. Councilmember Tim Scott made a motion to send Bill No. 16-20 to the full Council with a favorable recommendation. Councilmember Jake Teshka seconded this motion which carried by a roll call vote of nine (9) ayes. N 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 Councilmember Jake Teshka, chair of the Community Investment Committee, reported that they met this afternoon and send this bill to the full Council with a favorable recommendation. Councilmember Jake Teshka,2419 Chesire Drive, South Bend, IN, served as the presenter for this bill. Councilmember Jake Teshka summarized the main points of this bill stating that due to recent events of the COVID-19 Pandemic, the tax abatement process will be suspended and amended until further notice is given to resume normal operations. Per Governor Eric Holcomb's Executive Order, and by confirmation of Council Attorney Bob Palmer, there was no public hearing for this bill. Councilmember Tim Scott made a motion to send Bill No. 17-20 to the full Council with a favorable recommendation. Councilmember Troy Warner seconded this motion which carried by a roll call vote of nine (9)9 ayes. 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 Councilmember Sharon L. McBride,chair of the Zoning and Annexation Committee,reported that they met this afternoon and send this bill to the full Council with a favorable recommendation. 3 REGULAR MEETING April 13, 2020 Councilmember Tim Scott, 711 Forest Avenue, South Bend, IN, served as the presenter for this bill. Councilmember Tim Scott summarized the main points of this bill stating that due to recent events of the COVID-19 Pandemic, the Historic Preservation Commission will suspend of their regular procedures until further notice is given to resume normal operations. Per Governor Eric Holcomb's Executive Order, and byconfirmation of Council AttorneyBob Palmer, there was no public hearing for this bill. Councilmember Rachel Tomas Morgan made a motion to send Bill No. 18-20 to the full Council with a favorable recommendation. Councilmember Lori K. Hamann seconded this motion which carried by a roll call vote of nine (9) ayes. RISE AND REPORT Councilmember Karen L. White made a motion to rise and report to full Council. Councilmember Lori K. Hamann seconded the motion which carried by a voice vote of nine(9) ayes. REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened at 7:59 p.m. Council President Tim Scott presided with nine (9) members present. BILLS —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 Councilmember Jake Teshka made a motion to adopt Bill No. 16-20. Councilmember Sheila Niezgodski seconded this motion which carried by a roll call vote of nine (9) ayes. 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 Councilmember Sheila Niezgodski made a motion to adopt Bill No. 17-20. Councilmember Jake Teshka seconded this motion which carried by a roll call vote of nine(9) ayes. 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 4 REGULAR MEETING April 13, 2020 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 Councilmember Karen L. White made a motion to adopt Bill No. 18-20. Councilmember Sheila Niezgodski seconded this motion which carried by a roll call vote of nine (9) ayes. 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 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 Rachel Tomas Morgan, 114 Chapin Street, South Bend, IN, served as the presenter for this bill. Councilmember Tomas Morgan summarized the key points of this bill, highlighting primarily the fact that this is a renewal of the resolution passed by the South Bend Common Council at their last meeting. Councilmember Henry Davis Jr. asked a few clarifying questions about the resolution. Council Attorney Bob Palmer and Councilmember Rachel Tomas Morgan replied to the questions. Per Governor Eric Holcomb's Executive Order, and by confirmation of Council Attorney Bob Palmer, there was no public hearing for this bill. Councilmember Jake Teshka made a motion to adopt Bill No. 20-06. Councilmember Sheila Niezgodski seconded this motion which carried by a roll call vote of nine (9) ayes. ADJOURNMENT There being no further business to come before the Council President Tim Scott adjourned the meeting at 8:10 p.m. 5