HomeMy WebLinkAbout06-08-20 Council Meeting 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
June 8, 2020
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE, WE RECOMMEND THE SAME BE APPROVED:
KA EN L. WHITE
tfsjd
JAKE SHKA
APPROVED BY THE COMMON COUNCIL ON: July 13, 2020
ATTEST: 4‘4,X)
DAWN M. JONES, CIT LERK
REGULAR MEETING June 8th, 2020
Be it remembered that the Common Council of the City of South Bend, Indiana met virtually in
the Microsoft Teams App on Monday, June 8, 2020 at 7:00 p.m. The meeting was called to order
by Council President Tim Scott and the Invocation (Councilmember Sharon L. McBride, 3rd
District South Bend Common Council) was given.
Deputy City Clerk Bianca Tirado 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.
Council President Tim Scott announced the earlier continuance of Bill Nos. 12-20 and 21-20 and
that there will be no public hearings on either of those bills at this evening's meeting.
ROLL CALL
COUNCIL MEMBERS PRESENT:
Tim Scott 1st District*
Henry Davis Jr. 2nd District*
Sharon L. McBride 3`d 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*
Gabriel N. Murei Ordinance Violations Clerk*
Bob Palmer Council Attorney*
*=denotes virtual attendance
REPORT FROM THE SUB-COMMITTEE ON MINUTES
Councilmember Karen L. White made a motion for the minutes of the May 26th, 2020 meeting of
the South Bend Common Council to be accepted and placed on file. Councilmember Sharon L.
McBride seconded the motion which carried by a roll call vote of nine(9) ayes.
SPECIAL BUSINESS
There was no special business at this time.
REPORTS OF CITY OFFICES
Representing the City Administration: Kacey Gergely, Chief of Staff
1
REGULAR MEETING June 8th, 2020
PUBLIC HEARINGS
12-20 PUBLIC HEARING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ADDING ARTICLE 1, DIVISION 2,
SECTIONS 2-12.2.1 TO AND INCLUDING 2-12.2.9 OF
CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE
TO CREATE A CITIZENS' POLICE COMPLAINT
BOARD AND PROCEDURES GOVERNING THE
BOARD
Bill No. 12-20 was continued earlier in the June 8, 2020 Community Relations Committee Meeting.
21-20 PUBLIC HEARING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING ORDINANCE NOS. 10472-16
AND 10682-19 AS TO THE ANNUAL PAY AND
RESIDENCY INCENTIVE PAY OF SWORN MEMBERS
OF THE SOUTH BEND POLICE DEPARTMENT FOR
CALENDAR YEAR 2020
Bill No. 21-20 was continued earlier in the June 8, 2020 Health and Public Safety Committee
Meeting.
BILLS —THIRD READING
There were no bills for Third Reading at this time.
RESOLUTIONS
BILL NO.
20-16 A RESOLUTION OF THE COMMON COUNCIL OF
SOUTH BEND, INDIANA, DENOUCING IN THE
STRONGEST POSSIBLE TERMS ALL ACTS OF
RACIAL PROFILING, POLICE BRUTALTY AND THE
USE OF EXCESSIVE POLICE FORCE THROUGHOUT
THE COUNTRY
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 made a motion to accept the Substitute version of Bill No. 20-16.
Councilmember Sheila Niezgodski seconded this motion which carried by a roll call vote of nine
(9) ayes.
Councilmember Tim Scott, 711 Forest Avenue, South Bend, IN, served as the presenter for this
bill. Councilmember Tim Scott recognized Councilmember Sharon L. McBride and
Councilmember Karen L. White as Co-Sponsors to this legislation. Councilmember Tim Scott
then read the Resolution into the record: A Resolution of the Common Council of South Bend,
Indiana, Denouncing in the strongest possible terms all acts of Racial Profiling, Police Brutality
and the use of Excessive Police Force throughout the Country.Whereas, on May 25,2020,George
Floyd, a black resident of the City of Minneapolis, Minnesota,was publicly and brutally murdered
through the actions and inactions of four (4) police officers while he cried out "I can't breathe"
and called for his dead mother; and, Whereas, Mr. Floyd's death occurred while he was
handcuffed, lying face down on the street while (1) one officer knelt on his neck, another officer
applied pressure to his back and at least two(2)other officers ignored pleas from onlookers to save
Mr. Floyd's life; and, Whereas, the officer continued applying pressure to Mr. Floyd's neck for
nearly nine (9) minutes, more than three (3) minutes after he stopped breathing; and, Whereas,
although this method of restraint has been banned or strongly discouraged by many police
2
REGULAR MEETING June 8t", 2020
departments, reportsindicate that Minneapolis police used neck restraints, i.e. using an arm or leg
to compress a neck without directly putting pressure on the airway,at least two hundred and thirty-
seven (237) since the beginning of 2015, with at least forty-four (44) of the victims losing
consciousness; and, Whereas, despite recordings of Mr. Floyd's death having been replayed
innumerable times throughout the world leading to world-wide protests, a Seattle police officer
was recorded using a similar tactic on a protester until his knee was forcibly removed by another
officer while onlookers screamed "get your f*****g knee off his neck"; and, Whereas, this is the
second (211d) time in the past year that members of this Common Council have expressed
condolences to the family and friends of a Black man killed by a white police officer, the death of
Eric Logan on June 16, 2019,though tragic, did not draw global attention to America's problems,
in part, because Mr. Logan was killed in the middle of the night, in a dark parking lot, with no
witnesses or video to document what actually happened and the investigation of his death left
unanswered many questions in the minds of many people, unlike the public killing of Mr. Floyd,
in broad daylight, with several recordings and witnesses.
Councilmember Karen L. White, 1912 Malvern Way, South Bend, IN, served as a presenter for
this bill. Councilmember Karen L. White stated, And, Whereas, historical injustices and racial
disparities that have existed in our country for hundreds of years have led to many Black men
dying at the hands of white police officers in a system of policing in America that targets people
of color and which can be traced back to the long legacy of slavery, lynching, and Jim Crow laws;
and, Whereas, it is currently not only Black men, but also Black women and girls, as well as
Indigenous, Latinx and Asian communities who suffer from this shameful history; and, Whereas
the very public and brutal murder of Mr. Floyd has caused world-wide outrage because such
actions can no longer be willfully denied or ignorantly disregarded; and, Whereas, racial profiling
and excessive force,which includes shootings,brutal beatings, fatal chokings, and other excessive
abuses, are contrary to human decency,the inherent dignity of every individual, and the American
ideal of equal justice for all.
Councilmember Sharon L. McBride, 415 East Broadway Street, South Bend, IN, served as a
presenter for this bill. Councilmember Sharon L. McBride stated, Now, therefore, be it resolved
by the Common Council of the City of South Bend, Indiana, as follows: Section One (I) The
Common Council expresses its deep and sincere condolences, not only to the family and friends
of Mr.Floyd,but also to the family and friends of all other such victims whose suffering is renewed
and intensified every time there is another family suffers a similar loss. Section Two (II) This
Common Council denounces in the strongest terms possible all acts of racial profiling, police
brutality and the use of excessive police force such as those that led to the deaths of Mr. Floyd and
many known and unknown other victims. More specifically, the Common Council calls for every
law enforcement agency or department to immediately adopt a goal of zero (0) deaths while
employing apprehension and detainment procedures which provide safe practices for both officers
and suspects. Section Three (III) The Common Council calls on each individual resident to
similarly condemn the actions leading to the death of Mr. Floyd and others like him. Section Four
(IV) The Common Council, recognizing the inherent dignity of every human person, renews its
unwavering commitment to the goal of equal treatment of all through not only the words,but more
importantly, the actions, of this legislative body. Section Five (V) That commitment is not only
established by past acts such as: last year allocating $180,000 for 21 CP Solutions to evaluate the
police department's policies and practices on the use of force,body-worn cameras,bias-informed
policing, accountability, and community engagement and participation, but also continuing and
future acts such as encouragement of implementation of 21 CP Solutions valid recommendations
by the Board of Public Safety and the South Bend Police Department, encouraging the adoption
of a fair and just matrix for exercising police discipline and the continued study and consideration
of a citizen review board to add community input into South Bend policing. Section Six (VI) The
Common Council not only invites, but also demands, that South Bend residents hold Council
members to this commitment and, further, encourages each resident to join in that commitment.
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 Lori K. Hamann made a motion adopt Substitute Bill No. 20-16. Councilmember
Rachel Tomas Morgan seconded this motion which carried by a roll call vote of nine(9) ayes.
3
REGULAR MEETING June 8th 2020
BILLS ON FIRST READING
BILL NO.
22-20 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING A PETITION OF THE
ADVISORY BOARD OF ZONING APPEALS FOR THE
PROPERTY LOCATED AT 817 ELMER, SOUTH BEND,
IN 46628
Councilmember Karen L. White made a motion to send Bill No. 22-20 to the Zoning and
Annexation Committee for their June 22nd,2020 meeting for Second Reading and Public Hearing.
Councilmember Jake Teshka seconded the motion which carried by a roll call vote of nine (9)
ayes.
2. 3-20 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING A PETITION OF THE
ADVISORY BOARD OF ZONING APPEALS FOR THE
PROPERTY LOCATED AT 3610 KELLER STREET,
SOUTH BEND, IN 46628
Councilmember Jake Teshka made a motion to send Bill No. 23-20 to the Zoning and Annexation
Committee for their June 22nd, 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.
24-20 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED ON TEN PARCELS ON
SOUTH LAUREL ST. AND WEST THOMAS ST.,
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF
SOUTH BEND, IN 46601
Councilmember Sharon L. McBride made a motion to send Bill No. 24-20 to the Zoning and
Annexation Committee for their June 22nd, 2020 meeting for Second Reading and Public Hearing.
Councilmember Lori K. Hamann seconded the motion which carried by a roll call vote of nine(9)
ayes.
25-20 FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AUTHORIZING THE REFUNDING OF
CERTAIN OUTSTANDING SEWAGE WORKS
REVENUE BONDS, AUTHORIZING THE ISSUANCE
OF REVENUE BONDS IN ONE OR MORE SERIES FOR
SUCH PURPOSE IN THE AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED TWENTY-TWO MILLION
DOLLARS ($22,000,000), ESTABLISHING A SEWAGE
WORKS REFUNDING FUND, AND ADDRESSING
OTHER MATTERS CONNECTED THEREWITH
Councilmember Jake Teshka made a motion to send Bill No. 25-20 to the Personnel and Finance
Committee for their June 22nd, 2020 meeting for Second Reading and Public Hearing.
4
REGULAR MEETING June 8t'', 2020
Councilmember Rachel Tomas Morgan seconded the motion which carried by a roll call vote of
nine (9) ayes.
26-20 FIRST 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 Karen L.White made a motion to send Bill No. 26-20 to the Personnel and Finance
Committee for their June 22nd, 2020 meeting for Second Reading and Public Hearing.
Councilmember Sharon L. McBride seconded the motion which carried by a roll call vote of nine
(9) ayes.
27-20 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 FOR THE YEAR 2020 OF
$470,000 FROM PARKS & RECREATION FUND (#201),
$555,695 FROM ECONOMIC DEVELOPMENT STATE
GRANT FUND (#210), $2,232,322 FROM DCI FEDERAL
GRANT FUND (#212), $1,753 FROM POLICE STATE
SEIZURES FUND (#216), $185,000 FROM CENTRAL
SERVICES OPERATING FUND (#222), $60,000 FROM
CENTRAL SERVICES CAPITAL (#224), $94,127 FROM
LIABILITY INSURANCE PREMIUM RESERVE (#226),
$2,025,075 FROM COVID-19 RESPONSE FUND (#264),
$263,610 FROM FIRE DEPARTMENT CAPITAL FUND
(#287), $132,075 FROM COPS MORE GRANT FUND
(#295), $(282,727) FROM ECONOMIC DEVELOPMENT
INCOME TAX FUND (#408), AND $40,118 FROM
PARKING GARAGES FUND (#601)
Councilmember Karen L.White made a motion to send Bill No. 27-20 to the Personnel and Finance
Committee for their June 22nd, 2020 meeting for Second Reading and Public Hearing.
Councilmember Lori K. Hamann seconded the motion which carried by a roll call vote of nine(9)
ayes.
UNFINISHED BUSINESS
APPEAL OF A DENIAL OF A CERTIFICATE OF APPROPRIATENESS, COA#20191007At
BEN AND CARRIE MODLIN VS. HISTORIC PRESERVATION COMMISSION
Councilmember Jake Teshka made a motion to table indefinitely the Appeal of a Denial of a
Certificate of Appropriateness, COA#20191007A, Ben and Carrie Modlin vs. Historic
Preservation Commission, for purposes of having that appeal in person as opposed to virtually.
Councilmember Rachel Tomas Morgan seconded this motion which carried unanimously by a roll
call vote of nine(9) ayes.
NEW BUSINESS
Councilmember Sharon L. McBride thanked the Council Attorney and the City Clerk's Office
helping her with her Special Proclamation with regard to Gun Violence Awareness.
5
REGULAR MEETING June 8th, 2020
Councilmember Henry Davis Jr. mentioned the high grass that is uncut on City-owned properties
that are in the neighborhoods. He stated that this is one (1) of the many different ways
neighborhoods are neglected and he encouraged the City to be a better job of making South Bend
look like a place that people want to live.
Councilmember Lori K. Hamann mentioned she has had residents contact her of their concern with
regard to local business not following all of the CDC recommendations, as publicized by the St.
Joseph County Health Department.
PRIVILEGE OF THE FLOOR
Crickett Gibbons, 51590 Stratton Court,Granger,IN,thanked Councilmember Sharon L. McBride
and the Council for recognizing June 5 as Gun Awareness Day. She also thanked Council Members
for supporting the Wear Orange initiative as it relates to honoring those that are affected by gun
violence.
ADJOURNMENT
There being no further business to come before the Council President Tim Scott adjourned the
meeting at 7:45 p.m.
6