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Home My WebLink About05-11-20 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 May 11, 2020 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: TIM SCOT "i'd JAKE T SHKA APPROVED BY THE COMMON COUNCIL ON: May 26, 2020 ATTEST: L 004(A ' "'• DAWN M.JONES, CIT LERK REGULAR MEETING May 11, 2020 Be it remembered that the Common Council of the City of South Bend, Indiana met virtually in the Microsoft Teams App on Monday, May 11, 2020 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation (Councilmember Jake Teshka) was given. City Clerk Dawn M. Jones announced, Good evening members of the public. For audio quality, we will be muting everyone not speaking by default to maintain good audio quality for Council and yourselves. If you would like to speak during the meeting on a specific agenda item, please submit your request in the chat - directions to do so are in the chat. We ask that you provide your [FULL NAME] and [ADDRESS], as those are required for all speakers at in-person Council meetings. ROLL CALL COUNCIL MEMBERS PRESENT: Tim Scott 1St District* Henry Davis Jr. 2nd District* Sharon L. McBride 3'I 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 REPORT FROM THE SUB-COMMITTEE ON MINUTES There was no report from the Sub-Committee on Minutes. SPECIAL BUSINESS Mayor James Mueller, Mayor of the City of South Bend with offices located on the 14th floor of the County-City Building, South Bend, IN, presented to the Common Council on updates related to the COVID-19 Pandemic and its effect on the South Bend Community. He addressed the current statistics of cases, tests and deaths, as well as best practices moving forward. Council Members had the opportunity to ask questions about the Mayor's report. Informal discussion was had between Council Members and the Mayor(the full video of the interaction is available in the City Clerk's Office). REPORTS FROM CITY OFFICES Representing the City Administration: James Mueller, Mayor of South Bend 1 REGULAR MEETING May 11, 2020 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:41 p.m. Councilmember Karen L. White made a motion to resolve into the Committee of the Whole. Councilmember Rachel Tomas Morgan seconded the motion which carried by a roll call 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. 10-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL 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 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. Michael Divita, Principle Planner for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Divita explained the Scrivener's Error and how everything else, as part of the legal annexation, will remain the same. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There were none. Councilmember Tim Scott made a motion to send Bill No. 10-20 to the full Council with a favorable recommendation. Councilmember Troy Warner seconded this motion which carried by a roll call vote of nine(9) ayes. RISE AND REPORT Councilmember Karen L. White made a motion to rise and report to full Council. Councilmember Rachel Tomas Morgan 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 in the Microsoft Teams App at 7:47 p.m. Council President Tim Scott presided with nine (9) members virtually present. BILLS —THIRD READING BILL NO. 10-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL 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 2 REGULAR MEETING May 11, 2020 Councilmember Henry Davis Jr. made a motion to adopt Bill No. 10-20. Councilmember Rachel Tomas Morgan seconded this motion which carried by a roll call vote of nine(9) ayes. RESOLUTIONS BILL NO. Councilmember Henry Davis Jr.made a motion to hear Bill Nos. 20-07, 20-09, and 20-11 together for purposes of public hearing. Councilmember Rachel Tomas Morgan seconded this motion which carried by a roll call vote of nine(9) ayes. 20-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 316 EAST MONROE STREET, SOUTH BEND, INDIANA 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR WSJM-INC 20-09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 316 EAST MONROE STREET, SOUTH BEND, INDIANA 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR WSJM-INC 20-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 316 EAST MONROE STREET, SOUTH BEND, INDIANA 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR VACANT BUILDING TAX ABATEMENT FOR WSJM-INC Councilmember Jake Teshka, chair of the Personnel and Finance Committee, reported that they met this afternoon and send these bills to the full Council with a favorable recommendation. Dan Buckenmeyer, Director of Business Development for the Department of Community Investment with offices located on the l4`" floor of the County-City Building, South Bend, IN, served as the presenter for these bills. Mr. Buckenmeyer went through a PowerPoint Presentation which is available in the City Clerk's Office. Bill Gamble, 6641 Dockside Drive, South Bend, IN, served as the petitioner for these bills. Mr. Gamble thanked the Council for their consideration and answered a few questions that Council Members had. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. There were none. Councilmember Jake Teshka made a motion to adopt Bill No. 20-07. Councilmember Sharon L. McBride seconded this motion which carried by a roll call vote of nine(9) ayes. Councilmember Sheila Niezgodski made a motion to adopt Bill No. 20-09. Councilmember Sharon L. McBride seconded this motion which carried by a roll call vote of nine(9) ayes. 3 REGULAR MEETING May 11, 2020 Councilmember Lori K. Hamann made a motion to adopt Bill No. 20-11. Councilmember Jake Teshka seconded this motion which carried by a roll call vote of nine(9) ayes. 20-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1702 ROBINSON STREET, SOUTH BEND, INDIANA 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR BAMAR PLASTICS, INC Councilmember Jake Teshka, chair of the Personnel and Finance Committee, reported that they met this afternoon and send these bills to the full Council with a favorable recommendation. Dan Buckenmeyer, Director of Business Development for the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend, IN, served as the presenter for this bill. Mr. Buckenmeyer went through a PowerPoint Presentation which is available in the City Clerk's Office. Heather Meixel, 1702 South Robinson Street, South Bend, IN, served as the presenter for this bill. Ms. Meixel thanked the Council for their consideration and answered a few questions the Council Members had. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. There were none. Councilmember Sheila Niezgodski disclosed that her business has done business with the petitioner. Council Attorney Bob Palmer confirmed that there was no conflict of interest with Councilmember Sheila Niezgodski voting on this legislation, as it does not directly financially benefit her business. Councilmember Rachel Tomas Morgan made a motion to adopt Bill No. 20-13. Councilmember Karen L. White seconded this motion which carried by a roll call vote of nine(9) ayes. BILLS ON FIRST READING BILL NO. 19-20 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: EAST END OF SAINT VINCENT, EAST OF EDDY STREET, FROM THE WESTERN BOUNDARIES OF LOTS 6 AND 7 OF EDDY STREET COMMONS SECTION II, TO THE WESTERN BOUNDARY OF THE RIGHT- OF-WAY OF GEORGIANA STREET, SOUTH BEND, INDIANA Councilmember Jake Teshka made a motion to send Bill No. 19-20 to the Public Works and Property Vacation Committee for their May 25th, 2020 meeting for Second Reading and Public Hearing. Councilmember Karen L. White seconded the motion which carried by a roll call vote of nine(9) ayes. 20-20 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: EAST END OF CORBY BLVD., WEST OF SOUTH BEND AVE., PORTIONS OF FORMER EDDY ST. AND SOUTH BEND AVE. RIGHT-OF-WAYS AND COVERING THE EXISTING CUL-DE-SAC NORTH OF CORBY 4 REGULAR MEETING May 11, 2020 BLVD. AND; SOUTH SIDE OF HOWARD ST NEAR THE INTERSECTION OF SOUTH BEND AVE., A TRIANGULAR PIECE OF RIGHT-OF- WAY WITHIN THE LIMITS OF OLD SOUTH BEND AVE., SOUTH BEND, INDIANA Councilmember Jake Teshka made a motion to send Bill No. 20-20 to the Public Works and Property Vacation Committee for their May 25th, 2020 meeting for Second Reading and Public Hearing. Councilmember Rachel Tomas Morgan seconded the motion which carried by a roll call vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. Councilmember Karen L. White made a motion to move the Monday, May 25th, 2020 meeting of the South Bende Common Council to Tuesday, May 26th, 2020, in reverence to Memorial Day. Councilmember Sharon L. McBride seconded this motion which carried by a roll call vote of nine (9) ayes. 03-2020 A PROCLAMATION COMMEMORATING NATIONAL POLICE WEEK AND THE NATION PEACE OFFICERS MEMORIAL DAY Councilmember Sharon L. McBride read Special Proclamation 03-2020 into the record: Whereas, in 1962, President John F. Kennedy proclaimed May 15th as National Peace Officers Memorial Day and the calendar week in which May 15th falls as National Police Week; and, Whereas,the Fraternal Order of Police Lodge#36 and the South Bend Police Department hold an annual Memorial Service to honor all police officers who have given their lives in the line of duty; and,Whereas,among these fallen officers are fifteen(15) South Bend Officers: Oscar Christensen, Samuel Cooper, Lewis Keller, Hans Brandt, Fred E. Buland, Neil McIntyre, Lloyd Thompson, Delbert Thompson, Charles E. Farkas, Sr., Howard Wagner, Ronald St. Germain, Thomas J. DeRue, Sr., Paul R. Deguch, Scott Lee Severns, and Nick Polizzotto; and, Whereas, although South Bend was fortunate in not suffering any such deaths in 2019, we should all remember and honor the 146 officers killed in the line of duty in 2019 and whose names will be added to the National Law Enforcement Officers Memorial in Washington D.C., together with the sixty (60) officers who have thus far fallen in 2020 and who will be so honored next year; and, Whereas, the number of line of duty deaths includes the deaths of officers due to 9/11 related illnesses, there have already been, and will continue to be, line of duty deaths related to the COVID-19 pandemic for which fallen officers must also be remembered and honored; and, Whereas, although we implore whatever powers exist to keep all law enforcement officers safe so no new names are added to the Memorial in the future, we must never forget or fail to honor all law enforcement officers who make the ultimate sacrifice on our behalf. Councilmember Sharon L. McBride continued,Now,therefore,be it gratefully proclaimed,by the Common Council of the City of South Bend, Indiana, as follows: Section One (I). In observance of National Police Week 2020, we gratefully honor all law enforcement officers who have given their lives in the line of duty. Section Two (II). May their numbers grow no more. Section Three (III). May we never forget. Section Four(IV). May their families and loved ones find peace. Signed and Approved this 4th day of May 2020 in the City of South Bend, County of St. Joseph, in the State of Indiana. NEW BUSINESS Councilmember Lori K. Hamann announced that she has made suggestions to Downtown South Bend to help comply with the Governor's Executive Order as well as CDC Recommendations. She also mentioned her collaboration with the County with regard to the Leaf Pickup Program. 5 REGULAR MEETING May 11, 2020 PRIVILEGE OF THE FLOOR There were no members of the public present to speak at this time. ADJOURNMENT There being no further business to come before the Council President Tim Scott adjourned the meeting at 8:38 p.m. 6