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HomeMy WebLinkAbout03-28-2022 Common Council Meeting Minutes (Signed)IA3:111tA1[o]m.Y113Koldu l 0 u1 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: THE SUB -COMMITTEE HAS INSPECTED THE MINUTES OF THE DATE: 03-28-2022 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: V WARNER APPROVED BY THE COMMON COUNCIL ON: 04-25-2022 ATTEST: r • DA N M. JONES, CITY 9ERK REGULAR MEETING March 28, 2022 Be it remembered that the Common Council of the City of South Bend, Indiana, met in person and via Microsoft Teams app on Monday, March 28, 2022. at 7:00 n.rn. Council President Sharon L. McBride called the meeting to order. Deputy Director of Policy, Kenneth Hardy gave the invocation. 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. Full audio dialogue of the update is available upon request from the City Clerk's Office. Please note the attached link for the meeting: https:Htinyurl.com/032822SBCC ROLL CALL COUNCIL MEMBERS PRESENT: Canneth Lee Henry Davis Jr. Sharon L. McBride Troy Warner Eli Wax Sheila Niezgodski Karen L. White' Lori K. Hamann COUNCIL MEMBERS ABSENT: Rachel Tomas Morgan OTHERS PRESENT: Dawn M. Jones Bianca L. Tirado Kenneth Hardy Victoria Trujillo Bob Palmer SPECIAL BUSINESS 1' District,. Committee of the Whole 2nd District Yd District, President 4th District 5th District 6th District, Vice -President At -Large At -Large At -Large City Clerk Chief Deputy Clerk Deputy Director of Policy Director of Special Projects Council Attorney A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMEMORATING MARCH 2O22 AS WOMEN'S HISTORY MONTH. Councilmember Henry Davis Jr., 5117 Idlewood Drive, South Bend, Indiana 46619, and Council Woman Lori Hamman, 2658 Tomahawk Trail South Bend, Indiana 46628 presented the special resolution commemorating March 2022 as Women's History month recognizing the women who have made special contributions to our society. Councilwoman Lori Hamman indicated the Special Resolution would become effective on this date of passage, Monday, March 28, 2022 Council President, Sharon L. McBride requests a motion for a vote by acclamation for passage of the Special Resolution of the Common Council commemorating March 2022 as Women's History Month, which carried by a voice vote of eight (8) ayes. REGULAR MEETING March 28, 2022 REPORTS FROM CITY OFFICES Council President, Sharon McBride indicates there are no reports from the city offices. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:09 p.m. Councilmember Karen L. White made a motion to resolve into the Committee of the Whole. Vice President Sheila Niezgodski seconded the motion, which carried by a voice vote of eight (8) ayes. Councilmember Canneth Lee, Chairperson presiding. Councilmember Canneth Lee explained the procedures for the meeting per Article 1, Section 2-11 of the South Bend Municipal Code. PUBLIC HEARINGS BILL NO. 10-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 12 FT. WIDE PUBLIC ALLEY, RUNNING FROM DUEY AVENUE ON THE EAST TO HOWARD STREET ON THE WEST FOR A DISTANCE OF 205 FEET +/-, SOUTH BEND, INDIANA. Vice President Sheila Niezgodski stated that Bill No. 10-22 was previously heard by the Public Works and Property Vacations Committee and comes forth with a favorable recommendation. Mike Danch, Danch Harper & Associates, 1643 Commerce Drive, South Bend, Indiana, presented Bill No. 10-22. Clerk Dawn M. Jones indicated there was no one from the public that expressed to speak in favor of or in opposition of Bill No. 10-22. Citizen member, Gloria Murphy, 211 S. Michigan, St., South Bend, Indiana, indicated there is a church on Howard St. The only access to the church parking lot is from the alley. She would like further clarification if it would be eliminated. Mike Danch responded that he is not aware of a church that is currently using this particular alley. The alley is on the West side of Dewey and runs down Howard St. The alley is permanently bounded by South Bend Ave. on the North, Dewey on the East, and Howard on the South and is not the same alley in question. Vice President Sheila Niezgodski made a motion to send Bill No. 10-22 to the Full Council with a favorable recommendation. Vice President Sheila Niezgodski seconded the motion, which carried by a voice vote of eight (8) ayes. 12-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY BETWEEN N. MEADE ST. AND N. KALEY ST. FROM W. KELLER ST. TO MARQUE-17TE BLVD. REGULAR MEETING March 28, 2022 Council President, Sharon L. McBride, made a motion to table Bill No. 12-22 until Anril 11.2022. Vice President Sheila Niezgodski seconded the motion, which carried by a voice vote of eight (8) ayes. 13-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION -STREET ALLEY NEAR 1101 KING STREET. Vice President Sheila Niezgodski made a motion to accept the Substitute version of Bill No. 13- 22. Councilmember Lori Hamman seconded the motion, which was carried by a voice vote of eight (8) ayes. Vice President Sheila Niezgodski stated that Bill No. 13-22 was previously heard by the Public Works and Property Vacations Committee and comes forth with a favorable recommendation with the updated language to the Substitute Bill. Kory Lantz, 615 Cushing Ave., South Bend, Indiana, presented Bill No. 13-22. Councilmember Lori Hamman asked for clarification of the -ally's current condition with overgrowth. Kory Lantz responded that no one currently uses the alley because there are no garage doors or houses on the alley that require access. Clerk Dawn M. Jones indicated there was no one from the public that expressed to speak in favor of Bill No. 13-22. Citizen member Frank Mercado, 709 Juniper Place, South Bend, Indiana stated he has a rental property in that area and asked if the development of the recreational center will increase property taxes in the neighborhood. Councilmember Henry Davis responded the entire area should expect an increase in property taxes due to new infrastructure assessments; however, property owners may have the opportunity to appeal those increases. Mr. Mercado made the comment that he is concerned about trouble from the youth who will be using the new recreational facility. Informed committee of drug use around community centers such as Brown Academy and the Martin Luther King Center. Councilmember Canneth Lee responded and thanked Mr. Mercado for his input and initiated a response from Kory Lantz the petitioner. Mr. Lantz responded that the facility will be a hub for youth and families to mitigate drugs and violence. The impact of developing relationships from the facility will promote peace, safety, and hope. Previous issues have seen a decrease in the last 13 years. Mr. Lantz responded that it will be an increase in property taxes of ten dollars but will be beneficial to the community for years to come. Vacating the alley is not connected to going forth with the project. Councilmember Lee suggests that community member Mr. Mercado meet with the developers to discuss community plans. Mr. Mercado responded with his concerns about what is going to happen after the project is completed and the heavy traffic coming from Steel Warehouse. Mr. Lantz responded and assured Mr. Mercado that the ministry has spoken with Steel Warehouse and that they are on board with the development moving forward; Kory Lantz invites community members to their office to further see what projects are underway. Councilmember Lee asked for additional comments from the council. Councilmember Henry Davis responds that he supports the activities and projects of the Transformation Ministries. Seeing them through the years, he supports the efforts of teaching inner-city kids job skills and educating the neighborhood. They're doing a great service to the community by going to their facility. REGULAR MEETING March 28, 2022 Councilmember Davis says nothing but good things. There is a lot of hope for the young people, and we have to give them positive things to do. I support this effort. Councilmember Lee now entertains a motion regarding Bill No. 13-22. Vice President Sheila Niezgodski makes a motion to send substitutes Bill No. 13-22, to the full council with a favorable recommendation. Councilmember Karen L. White seconded the motion, which carried by a voice of eight (8) ayes. RISE AND REPORT Councilmember motion arises from the Committee of the whole and reports back to the full Council. Councilmember Henry Davis seconded the motion, which carried by a voice 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 7:33 p.m. President Sharon L. McBride presided with eight (8) members present. BILLS ON THIRD READING BILL NO. 10-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 12 FT. WIDE PUBLIC ALLEY, RUNNING FROM DUEY AVENUE ON THE EAST TO HOWARD STREET ON THE WEST FOR A DISTANCE OF 205 FEET +/-, SOUTH BEND, INDIANA. Councilmember Canneth Lee stated that Bill No. 10-22 comes forth with a favorable recommendation. Vice President Sheila Niezgodski made a motion to call for passage of Bill No. 10-22. Councilmember Troy Warner seconded the motion, which carried by a voice vote of eight (8) ayes. Council President, Sharon McBride stated that Bill No. 10-22 has passed. 12-22 Bill No. 12-22 tabled until Anril 11.2022. 13-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE. FOLLOWING DESCRIBED PROPERTY: NORTH/SOUTH ALLEY BETWEEN N. MEADE ST. AND N. KALEY ST. FROM W. KELLER ST. TO MARQUE'TTE BLVD. THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION- STREET ALLEY NEAR 1101 KING STREET 4 REGULAR MEETING March 28.2022 Councilmember Canneth Lee stated that Substitute Bill No. 13-22 comes forth with a favorable recommendation. Vice President Sheila Niezgodski made a motion to call for passage of Bill No. 13-22. Councilmember Canneth Lee seconded the motion, which carried by a voice vote of eight (8) ayes. Council President, Sharon McBride stated that Bill No. 13-22 has passed. RESOLUTIONS BILL NO. 22-16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND APPROVING THE CITY OF SOUTH BEND, INDIANA AUTHORIZING AND APPROVING THE CITY OF SOUTH BEND, INDIANA'S OPT BACK INTO THE STATE OF INDIANA'S STRUCTURED SETTLEMENT OF OPIOID LITIGATION UNDER IND. CODE 4-16-15. The committee report for Bill 22-16 was heard in front of the Health and Public Safety Committee earlier today and it was sent to the full council with a favorable recommendation. Aladean De Rose, City Attorney presenter, offices on the 12th floor of the County City Building. Thanked members of the Council for allowing her to introduce Bill 22-16 and requested authorization and approval to opt back into the state structured settlement for the opioid litigation. President McBride opens the floor to questions for Bill 22-16. Councilmember Lori Hamman, asked for the number of those who were impacted. Aladean De Rose, City Attorney, stated the data has been collected nationally but not organized completely and indicated the data at this time is raw data. Councilmember Troy Warner, asked if the state was 15%. Aladean De Rose, City Attorney, stated the percentage went from 15% to 50%, which is significant growth. Ms. De Rose indicated there are two settlements; one that is larger than the other; McKesson and Johnson & Johnson. De Rose indicated the smaller distribution, Johnson and Johnson is distributed over I I -years. Councilmember Canneth Lee, asked if South Bend stands to receive $2.6 million and $655 thousand dollars. Ms. De Rose responded that it is closer to $2.6 depending on distributors McKesson and Johnson & Johnson liability fund. Councilmember Lee stated that 30% of the funds are unrestricted and 70% of the funds are going towards programs, under the 18- year distribution paying towards the bulk fund. Structuring will be determined in the future. The $655 thousand is from Johnson and Johnson; however, the payout after attorney fees is somewhat less; $598 thousand for Johnson and Johnson and $2.5 million for McKesson. Councilmember Henry Davis, stated that money is going towards outside organizations that do programming that assist people that have been impacted by the opioid crisis and education for kids. Councilman Davis asked Aladean De Rose if any of the other dollars will go to city organizations. Ms. De Rose, City Attorney, is willing to look at options to contribute to city programs during budget time. With no further input from citizen members on Bill No. 22-16, the public forum for this Resolution is closed. REGULAR MEETING March 28, 2022 President Sharon McBride asked the council if there were any more comments. Councilmember Henry Davis explains that he asked the previous question about crime prevention to go against parties voting for their own budget. President McBride notes the comment about budget voting being relevant down the line when funding is available. Councilmember Wax noted that City legal continues to keep up with the best opportunities for the city. Councilmember Karen White made a motion to call for passage of Bill No. 22-16. Councilmember Troy Warner seconded the motion, which carried by a voice of eight (8) ayes. President Sharon McBride, stated that Bill No. 22-16 has passed. 22-17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CALLING FOR THE COOPERATION OF THE CITY OF SOUTH BEND, THE SOUTH BEND HOUSING AUTHORITY, AND DEVELOPERS TO CREATE, FUND AND IMPLEMENT AN INITIATIVE TO REMOVE BARRIERS TO AFFORDABLE HOUSING IN SOUTH BEND. Councilmember Davis made a motion for Bill No. 22-17 to be tabled until April 25th, 2022. Councilmember Lori Hamman seconded the motion, which carried by a voice of seven (7) ayes, one (1) nay. Councilmember Troy Warner voted in opposition of Bill No. 22-17. BILLS ON FIRST READING BILL NO. 14-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL, CODE AT CHAPTER 2, ARTICLE 9, SECTION 2-129 TO CHANGE THE RESIDENCY RESTRICTION OF COMMISSION MEMBERS. Councilmember Rachel Tomas Morgan made a motion to send Bill No. 14-22 to the Community Relations Committee for a public hearing and third reading on April 11, 2022. Council Vice President, Sheila Niezgodski seconded the motion. President Sharon McBride requests for a vote by acclamation for Bill No. 14-22, which carried by a voice vote of eight (8) ayes. Motion passed. UNFINISHED BUSINESS Councilmember Henry Davis informs the council that on March 21, 2022, he requested support due to claims that he is not helping his District by members of the council. Councilmember Davis notified the council of several city projects in District 2; two rounds of federal funding have gone to the administration with no affordable housing plans. Councilmember Davis has asked for help from (four) 4 members of the council, only one called back. President McBride did not respond to Council Member Davis due to her District having the same problems as District 2; disparities have been voted in the passed 2022 budget. Council Member Davis requests help and for Districts to work together. President Sharon McBride indicated she has been supportive by approving the vote in the budget. Councilmember Lori Hamman requests to revisit the assigning of funds, seconded by Councilmember Eli Wax. President McBride will get everyone a copy of the ARPA funds; monies weren't passed for ARPA funds. Vice President Sheila Neizgodski will set up a personal finance date with Mr. Parker. C.1 REGULAR MEETING March 28, 2022 NEW BUSINESS Lee Davis, citizen member, South Bend, notifies the council of the protestors in front of Whole Women's Health Clinic on- Lincolnway. Davis stated they are being rude and dangerous due to their tent drifting off into the street with two kids inside. A request has been made for police to enforce laws to avoid any more dangerous activities. Jorden Giger, citizen, 424 S. Michigan Street Unit 660, South Bend, IN 46601. Informs the council that due to the lack of clarity in the budget and called for Council Member Davis to vote against the budget as District 2 representative. Activist organizations met with Council Member Davis to press the issue of clarity to be able to track what exactly is coming to the west side of town. Katherine Redding, 418 Lamont Terrace, South Bend, IN. Katherine Redding informs the council that Council Member Davis is asking for support. Redding says that elected officials should be able to spearhead 80% of housing stock that contains lead contaminants; it's an injustice to the black and brown community. Marva Williams, 946 E. Sorin St. South Bend, IN. Williams says she is having a hard time with the lead program. She has had problems for the last four years, including black mold in the basement and ceiling falling in the bathroom. Williams went to Heritage to get help and they discussed replacing her roof. The cost was $10,000.00 and had to pay $5,000.00 back. The debt will have to be paid back after she leaves. Work started on the home after 4 years. President McBride requests copies of the contract to be given to the City Clerk's office. PRIVILEGE OF THE FLOOR ADJOURNMENT There being no further business to come before the Council, President Sharon McBride adjourned the meeting at 8:17 p.m. 7