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HomeMy WebLinkAbout03-14-2022 Common Council Meeting Minutes (Signed)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 DATE: 03-14-2022 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: LI W W. APPROVED BY THE COMMON COUNCIL ON: 04-25-2022 �ATTEST: wa4z DAWN M. JONES, ClCLERK REGULAR MEETING March 14. 2022 Be it remembered that the Common Council of the City of South Bend, Indiana, met in -person and via Microsoft Teams app on Mondav, March 14, 2022, at 7:00 D.M. Council Vice President Sheila Niezgodski called the meeting to order. Pastor Canneth Lee 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/031422SBCC ROLL CALL COUNCIL MEMBERS PRESENT: Canneth Lee Henry Davis Jr. Sharon L. McBride Troy Warner Eli Wax Sheila Niezgodski Rachel Tomas Morgan Karen L. White COUNCIL MEMBERS EXCUSED: Lori K. Hamann OTHERS PRESENT: Dawn M. Jones Bianca L. Tirado Victoria Trujillo Bob Palmer 1st District, Committee of the Whole 2nd District 3rd District, President (virtually) 4th District 5th District 6th District, Vice -President At -Large At -Large At -Large City Clerk Chief Deputy Clerk Director of Special Projects Council Attorney REPORT FROM THE SUB -COMMITTEE ON MINUTES Councilmember Karen L. White made a motion that the minutes of the February 28. 2022, meeting of the Council be accepted and placed on file. Councilmember Troy Warner seconded the motion, which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS BILL NO. 22-14 A SPECIAL, RESOLUTION AWARDED BY THE SOUTH BEND COMMON COUNCIL. HONORING THE SOUTH BEND WASHINGTON LADY PANTHERS HIGH SCHOOL, BASKETBALL TEAM FOR ITS SUCCESS IN THE 2021-2022 BASKETBALL SEASON AND IN THE INDIANA STATE BASKETBALL TOURNAMENT I REGULAR MEETING March 14. 2022 Councilmember Henry Davis Jr., 5117 Ironwood Drive, South Bend, Indiana, presented Bill No. 22-14. Councilmembers Canneth Lee, Eli Wax, Troy Warner, Rachel Tomas Morgan, Karen L. White, Vice President Sheila Niezgodski and President Sharon L. McBride congratulated the Washington High School Women Basketball Team. Coach Steven Reynolds Jr., 1109 Sylvan Lane, South Bend, Indiana, stated he appreciates the recognition of the team. He is proud that this is the fruit of his labor, and this team is his legacy. Thomas Sims, Principal of Washington High, 53005 Fernwood Drive, South Bend, Indiana, stated that the Lady Panthers are phenomenal students. Their achievements have brought Washington High into the limelight, and their dreams have just begun. Todd Cummings, Superintendent of South Bend Schools, 215 S Dr. Martin Luther King Blvd, South Bend, Indiana, stated he is proud to represent the best high school basketball team in South Bend, Indiana. Councilmember Henry Davis Jr. stated that this is the pride of South Bend, and there should be a sign that says "South Bend Washington High Lady Panthers are Champions" at the city gates. Councilmember Karen L. White made a motion to call for passage of Bill No. 22-14. Councilmember Rachel Tomas Morgan seconded the motion, which carried by a voice vote of eight (8) ayes. SPECIAL PRESENTATION FROM THE INDIANA GENERAL ASSEMBLY LOCAL REPRESENTATIVES HONORING THE WASHINGI'ON HIGH SCHOOL WOMEN'S BASKETBALL TEAM Senators David Niezgodski, 4942 Scenic Drive, South Bend, Indiana; Linda Rogers, 50563 Chestnut Road, Granger, Indiana; Maureen Bauer, 1307 Sunnymede Avenue, South Bend, Indiana; and Jake Teshka, 2419 Cheshire Drive, South Bend, Indiana, presented Senate Resolution 45 honoring the Washington High School Lady Panthers Basketball Team. REPORTS FROM CITY OFFICES Innovation and Technology Update Denise Riedl, Chief Innovation Officer Dave Finley, Director of Business Analytics Dave Finley, Director of Business Analytics, 1093 Woodward Avenue, South Bend, Indiana, presented on the City's Transparency Hub. Councilmember Canneth Lee asked items on the transparency page are determined. Dave Finley responded that it is a combination of available data and priorities from the Mayor. Councilmember Canneth Lee asked how many residents have engaged with the portal. Dane Finley responded that there had been user experience sessions and project -oriented feedback, but there has not been a broader initiative regarding city analytics. Councilmember Rachel Tomas Morgan asked what traffic is like on the dashboard from residents. She wondered how Council could help to spread information on the dashboard. Dave Finley responded that there is a large bump in activity when there is a press release, such as the quarterly public safety updates. Residents do not engage daily. Council can assist by sharing resident feedback around where there is a lack of desired data. RESOLVE INTO THE COMMITTEE OF THE WHOLE 2 REGULAR MEETING March 14. 2022 At 8:04 min. Councilmember Troy Warner made a motion to resolve into the Committee of the Whole. Councilmember Canneth Lee 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. 08-22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THF. CITY OF THE SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERA PIONS FOR THE YEAR 2022 OF $183,000 FROM THE LAW ENFORCEMENT CONTINUING EDUCAl'ION FUND (#220), $7,800,000 FROM THE LOCAL INCOME, TAX - ECONOMIC DEVELOPMENT FUND (#408), $180,000 FROM THE SEWAGE WORKS OPERATING FUND (#641), AND $347,697 FROM THE EQUIPMENT/VLHICLE LEASING FUND (#750) Vice President Sheila Niezgodski stated that Bill No. 08-22 was previously heard by the Personnel and Finance Committee and comes forth with a favorable recommendation. Dan Parker, City Controller, with offices on the twelfth (121h) floor of the County -City Building, presented Bill No. 08-22. Councilmember Eli Wax asked, according to the current arrangement between the City and County, can South Bend legally exit the arrangement at any time. Dan Parker responded affirmatively. There would be no penalty for early termination. Councilmember Eli Wax asked about the drop from eighty-five percent (85%) to seventy percent (70%) of usable square footage. Dan Parker responded that all the building's mechanicals are on the fifth (5'h) floor, whereas in other buildings, such as schools, there are rooms designated for such a purpose. Councilmember Henry Davis Jr. asked about new buildouts versus this situation. Dan Parker responded that the average cost of new commercial construction is two hundred dollars ($200) to three hundred dollars ($300) per square foot, which is just shy of twenty million dollars ($20,000,000) for this project, not including furniture or land costs. Councilmember Henry Davis Jr. stated that discussing the value of a building before taking it over would be useful for public trust. He has asked contractors, and no one quoted over one hundred and fifty dollars ($150) per square foot. Dan Parker responded that an external appraisal by the School Corporation determined the value of the building. Councilmember Karen L. White asked if more officers are using the continuing education. Dan Parker responded the funding is related to justice assistance grants from the Department of Justice. Councilmember Rachel Tomas Morgan stated that she appreciates the environmental and sustainable impact of re -using existing buildings rather than building new ones. She asked if there was a consideration of other buildings. 3 REGULAR MEETING March 14. 2022 Dan Parker responded that evaluations had been undertaken for other buildings, to renovate the existing building, or to perform a new build. Councilmember Henry Davis Jr. responded that he would appreciate having this information. President Sharon L. McBride stated she spoke with St. Joseph County Commissioner Kostielney and Council President Morton. They noted that this is an opportunity to utilize the extra space if South Bend vacated the building. Councilmember Canneth Lee asked how many parking spaces are available at the building. Dan Parker responded that the School Corporation currently leases one hundred twenty-five (125) spaces. Councilmember Canneth Lee stated that the city currently pays six hundred and twenty-five thousand dollars ($625,000) to rent the city hall building rather than owning a building. Reverend Henry L. Davis Sr., 215 N Sheridan Street, South Bend, Indiana, spoke in opposition to Bill No. 08-22. He stated he is a taxpayer, and it seems there is money unaccounted for somewhere. He asked about the mortgage for the building. Dan Parker responded that the acquisition and renovation would be funded in cash. The ongoing operational costs are for utilities. The School Corporation put seven million dollars ($7,000,000) into the building in 2005, but that is not the value of the building today. Councilmember Eli Wax asked if there were any moving costs and if this would be a separate appropriation. Dan Parker responded that moving costs are included in the five -million -dollar ($5,000,000) renovation budget. Councilmember Troy Warner stated that there would be fifty percent (50%) more square footage for less money. The building is cramped. Vice President Sheila Niezgodski stated that there had been discussions on a new city hall building for a long time. Councilmember Henry Davis Jr. stated that Council is here to ask questions and ensure they are doing their fiduciary duty for citizens. Councilmember Rachel Tomas Morgan made a motion to send Bill No. 08-22 to the Full Council with a favorable recommendation. Vice President Sheila Niezgodski seconded the motion, which carried by a voice vote of seven (7) ayes. Councilmember Henry Davis Jr. against. RISE AND REPORT Councilmember Eli Wax made a motion to rise and report to the full Council. Councilmember Troy Warner 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 8:45 p.m. President Sharon L. McBride presided with eight (8) members present. BILLS — THIRD READING BILL NO. 08-22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE. SOUTH BEND, INDIANA, 4 REGULAR MEETING March 14.2022 APPROPRIATING ADDITIONAL. FUNDS FOR CEIU'AIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2022 OF $183,000 FROM THE: LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220), $7,800,000 FROM THE. LOCAL. INCOME TAX - ECONOMIC DEVELOPMENT FUND (#408), $180,000 FROM THE SEWAGE, WORKS OPERATING FUND (#641), AND $347,697 FROM THE EQUIPMENTNEHICLE LEASING FUND (#750) Councilmember Canneth Lee stated that Bill No. 08-22 came with a favorable recommendation with a seven (7) to one (1) vote. Councilmember Rachel Tomas Morgan made a motion to call for passage of Bill No. 08-22. Councilmember Canneth Lee seconded the motion, which carried by a voice vote of seven (7) ayes. Councilmember Henry Davis Jr. against. Vice President Sheila Niezgodski stated that Bill No. 08-22 has passed. RESOLUTIONS BILL NO. 22-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A PROCESS FOR SELECTION OF COMMUNITY POLICE, REVIEW BOARD OFFICE DIRECTOR & A PROCESS FOR APPOINTMENT OF THE INITIAL REVIEW BOARD MEMBERS (SUBSTITUTE) Councilmember Karen L. White made a motion to accept the Substitute version of Bill No. 22- 13. Councilmember Canneth Lee seconded the motion, which carried by a voice vote of eight (8) ayes. Councilmember Troy Warner stated that Substitute Bill No. 22-13 was previously heard by the Community Relations Committee and comes forth with a favorable recommendation. President Sharon L. McBride and Councilmember Troy Warner presented Substitute Bill No. 22- 13. Councilmember Canneth Lee stated that he knows no sworn officers can serve as directors. He asked if that included retired officers. Attorney Bob Palmer responded that it does not apply to retired officers. Reverend Henry L. Davis Sr., 215 N Sheridan Street, South Bend, Indiana, asked if this has been passed as a law. Attorney Bob Palmer responded that an ordinance established the CPRB, but this resolution spells out the process by which the Director and Board members are appointed. Reverend Henry L. Davis stated that the ordinance states no past or present officers can serve. Joshua Reynolds was a past officer when he was appointed as Director before he was made to resign. Council is not moving forward with the blessing of the community, and he does not trust them with the process. Vice President Sheila Niezgodski stated that personal attacks on Councilmembers are not allowed within public comments. REGULAR MEETING March 14, 2022 Mary Bundy, 318 S. Francis Street, South Bend, Indiana, stated that the CPRB is a process of reviewing police conduct and allowing former officers to be a part of that could be a conflict of interest. The optics undermine public trust. Jorden Giger, 424 S. Michigan St. Unit 660, South Bend, Indiana, asked what demographic data would be released and if it could be released earlier during the first (I") round. He asked why the process for questioning is not open to the Full Council. Katheryn Redding, 418 Lamonte Terrace, South Bend, Indiana, spoke in opposition to Substitute Bill No. 22-13 because ex -police officers are expediting the CPRB. Police can investigate themselves and find they've done nothing wrong. Councilmember Troy Warner stated that the demographics collected will be gender, race, and zip code. A larger group of Councilmembers cannot have a closed -door session, so it was limited to four (4) individuals. Attorney Bob Palmer added that there would be an initial cut of the applications down from approximately one hundred (100). It would be unwieldy to have a public meeting to discuss them before the second (2nd) round. Councilmember Troy Warner stated there is mention of there being no officers in the ordinance. Councilmember Eli Wax stated that when the CPRB ordinance was passed in 2020, he did not believe it was the most effective means to handle complaints against officers, and he maintains that to this day. However, since the ordinance has been passed, it is Council's job to work to make it as effective as possible, and there must be trust on all sides. Councilmember Canneth Lee stated transparency and accountability do not have to be divisive. Councilmember Henry Davis Jr. asked if this process happening is legal. Attorney Bob Palmer responded affirmatively. Councilmember Henry Davis Jr. stated that the lack of trust in this process has a lot to do with the lack of trust in law enforcement. Some people have participated in law enforcement within the process, including President Sharon L. McBride and Councilmember Troy Warner. President Sharon L. McBride clarified that she is not law enforcement. She is in community corrections to assist people with rehabilitation. She thanked everyone who spoke at the meeting. There has been no deviation from the original ordinance. Councilmember Karen L. White stated that this resolution helps carry out the original ordinance. The public needs to have input and a clear understanding of the process. Councilmember Rachel Tomas Morgan stated that due to the rush to pass the CPRB ordinance in 2020, there were no details included on the process, which caused a lot of confusion. This is an important step forward. Councilmember Troy Warner stated that without a structured and detailed process, the CPRB would never move forward. Councilmember Rachel Tomas Morgan made a motion to call for passage of Substitute Bill No. 22-13. Councilmember Canneth Lee seconded the motion, which carried by a voice vote of eight (8) ayes. Vice President Sheila Niezgodski stated that Substitute Bill No. 22-13 has passed. BILLS ON FIRST READING BILL NO. 10-22 FIRST READING ON AN ORDINANCE. OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACA"hE THE FOLLOWING DESCRIBED PROPERTY: A 12 6 REGULAR MEETING March 14, 2022 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 Karen L. White made a motion to send Bill No. 10-22 to the Public Works and Property Vacation Committee for a public hearing and third reading on March 28, 2022. Councilmember Canneth Lee seconded the motion, which carried by a voice vote of eight (8) ayes. 11-22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1033 OAK STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Troy Warner made a motion to send Bill No. 11-22 to the Board of Zoning Appeals for a public hearing on April 4, 2022, and the Zoning and Annexation Committee for a public hearing and third reading on April 11. 2022. Councilmember Karen L. White seconded the motion, which carried by a voice vote of eight (8) ayes. 12-22 FIRST READING ON AN ORDINANCE, OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, NORTH/SOUTH ALLEY BETWEEN N. MEADE ST. AND N. KALEY ST. FROM W. KELLER ST. TO MARQUET'TE BLVD Councilmember Karen L. White made a motion to send Bill No. 12-22 to the Public Works and Property Vacation Committee for a public hearing and third reading on March 28. 2022. Councilmember Canneth Lee seconded the motion, which carried by a voice vote of eight (8) ayes. 13-22 FIRST READING ON AN ORDINANCE, OF THE COMMON COUNCIL. OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACAI,ION - STREET ALLEY NEAR 1101 KING STREET Councilmember Canneth Lee made a motion to send Bill No. 13-22 to the Public Works and Property Vacation Committee for a public hearing and third reading on March 28, 2022. Councilmember Henry Davis Jr. seconded the motion, which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS Councilmember Eli Wax stated that the administration had announced utility forgiveness using relief funds appropriated by Council. There was to be a process to be selective with this initiative, but the administration has instead gone ahead with blanket forgiveness. Councilmember Henry Davis Jr. agreed with Councilmember Eli Wax. 7 REGULAR MEETING March 14. 2022 NEW BUSINESS Councilmember Henry Davis Jr. referenced an article in the newspaper about how Steve Reynolds is a great coach, father, and spiritual leader at Washington High School. Still, the structural inequities in areas throughout the city have not been addressed. Steve Reynolds has to do so much to gain so small of a value in the community at large. Vice President Sheila Niezgodski stated that the Nexus Center is hosting a COVID-19 clinic for community members who wish to be vaccinated. PRIVILEGE OF THE FLOOR Jorden Giger, 424 S. Michigan Street Unit 660, South Bend, Indiana, urged Council to consider releasing demographic data beyond race, gender, and geography for the CPRB candidates, in the first (Is') round. Mary Bundy, 318 S. Francis Street, South Bend, Indiana, asked where the city is with the revision of the noise ordinance. She wondered why it is not combined with the quality -of -life ordinance because they seem well aligned. ADJOURNMENT There being no further business to come before the Council, Vice President Sheila Niezgodski adjourned the meeting at 9:44 mm. 8