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Home My WebLink About10-14-2024 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: 10-14-2024 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: TR SHERR LDEN-SIMPSO APPROVED BY THE COMMON COUNCIL ON: 10-28-2024 ATTEST: J-1"AfIlf-ja� BIA CA L. TI , CITY CLERK REGULAR MEETING October 14, 2024 Be it remembered that the Common Council of the City of South Bend, Indiana,met in person on Monday, October 14, 2024, at 7:00 p.m. Council President Sharon McBride called the meeting to order. Pastor Canneth Lee of Kingdom Christian Center gave the invocation. Good afternoon 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 during the public portion, please submit your request in the chat- directions to do so will be listed 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. If you have any questions, please use the link provided in the Teams chat to submit them, Additionally, if you are called on to speak, please provide your details in the following format: "My name is [FULL NAME], and I live at [ADDRESS]. I would like to speak [FOR/AGAINST] [AGENDA ITEM]." You will then be given 5 minutes to speak. Please ensure that you unmute yourself prior to giving your remarks. Please note the attached link for the meeting recording: https://does.southbendin.gov/WebLink/browse.aspx?dbid=0&mediaid=386360 Council meetings are also available at Michiana Access Channel on both their website and their Facebook page. ROLL CALL COUNCILMEMBERS PRESENT Canneth Lee I`District, Committee of the Whole Ophelia Gooden-Rodgers 2❑d District Sharon L. McBride 3rd District, President Troy Warner 41h District Sherry Bolden-Simpson 51h District Sheila Niezgodski 61h District, Vice-President Rachel Tomas Morgan At-Large Karen White At-Large Dr. Oliver Davis At-Large COUNCILMEMBERS ABSENT None. OTHERS PRESENT Bianca L. Tirado City Clerk Elivet Quijada-Navarro Chief Deputy City Clerk Matthew Neal Deputy City Clerk/Director of Policy Talia Thornton Director of Special Projects Bob Palmer Council Attorney Members marked with an asterisk (*) are in virtual attendance. SUB-COMMITTEE ON MINUTES: September 23, 2024 Council President McBride requested reports from the Sub-Committee on Minutes. Clerk Tirado stated that the Sub-Committee on Minutes has inspected the September 23, 2024, Common Council meeting minutes and recommended that they be approved. Councilmember Troy Warner motioned to approve the September 23, 2024, Common Council meeting minutes, which was seconded by Councilmember Dr. Oliver Davis and carried via a vote by voice. SPECIAL BUSINESS None. I REGULAR MEETING October 14, 2024 REPORTS FROM CITY OFFICES None. RESOLVE INTO THE COMMITTEE OF THE WHOLE Council Vice President Niezgodski motioned to resolve into the Committee of the Whole, which was seconded by Councilmember Karen White and carried via a vote by voice. PUBLIC HEARINGS BILL NO. 38-24 PUBLIC HEARING 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 623 OLIVE STREET COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA (SUBSTITUTE) Clerk Tirado read the bill to the Council for its second (2°d) reading. Council Vice President Niezgodski motioned to accept Substitute Bill No. 38-24, seconded by Councilmember Rachel Tomas Morgan and carried via a vote by voice. After the second (2°d) reading, Councilmember Lee requested the committee report. Councilmember Dr. Oliver Davis stated that Substitute Bill No. 38-24 went before the Zoning and Annexation Committee and comes with a favorable recommendation. Councilmember Lee requested that the petitioner(s) state their name and address and share key points before the council. Kari Myers, Zoning Specialist from the Department of Community of Investment, with offices on the 141h floor of the County-City building, stated that this bill requests a special exception for restaurant use. She clarified that, following the last meeting, the focus is on ensuring the use remains more restaurant-oriented rather than overly commercial. This bill has been forwarded to the committee from the Board of Zoning Appeals with a favorable recommendation. Councilmember Lee held the public hearing, and nobody spoke. Council Vice President Niezgodski motioned to send Substitute Bill No. 38-24 to the Full Council with a favorable recommendation, which was seconded by Councilmember Tomas Morgan and carried by a vote of nine (9) ayes. Council President Sharon McBride—Aye Council Vice President Sheila Niezgodski —Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis —Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye 42-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 829 SOUTH 27TH STREET COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. Davis stated that Bill No. 42-24 has been tabled until October 28, 2024. 52-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF 2 REGULAR MEETING October 14, 2024 SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 812 LASALLE AVENUE COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Clerk Tirado read the bill to the Council for its second (2"d) reading. After the second (2"d) reading, Councilmember Lee requested the committee report. Councilmember Dr. Davis stated that Bill No. 52-24 went before the Zoning and Annexation Committee and comes with a favorable recommendation. Councilmember Lee requested that the petitioner(s) state their name and address and share key points before the council. Kari Myers, Zoning Specialist from the Department of Community Investment on the 14th floor of the County-City building, stated that this petition requests a special exception for restaurant use in an Urban Flex (UF) zone. The location is near the South Bend Clinic and St. Joseph High School and is consistent with the surrounding area. The building has previously been used for retail and service purposes, and the plan aims to invigorate the area. While it is not located within the Northeast Neighborhood Plan, it aligns with its goals. This bill has been forwarded to the committee from the Board of Zoning Appeals with a favorable recommendation. Mark Kramer, petitioner at 71115 Grafalcon Court, Niles, MI 49120, stated that he has owned the building for over forty(40) years, during which it has been used as office space. His intention is to rent out the restaurant space, with the eventual goal of selling it to the restaurant owner. Councilmember Lee held the public hearing, and nobody spoke. Councilmember Dr. Davis motioned to send Bill No. 52-24 to the Full Council with a favorable recommendation, which was seconded by Councilmember Troy Warner and carried by a vote of nine(9) ayes. Council President Sharon McBride—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye 54-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10891-22 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2025 Clerk Tirado read the bill to the Council for its second (2"d) reading. After the second (2"d) reading, Councilmember Lee requested the committee report. Council Vice President Niezgodski stated that Bill No. 54-24 went before the Personnel and Finance Committee and comes with a favorable recommendation. Councilmember Lee requested that the petitioner(s) state their name and address and share key points before the council. Kyle Willis, City Controller, based on the 12th floor of the County-City building, announced that this bill serves to reaffirm the collective bargaining agreement with the South Bend Police Department(SBPD), which will remain in effect through 2025. 3 REGULAR MEETING October 14, 2024 Councilmember Lee held the public hearing, and nobody spoke. Councilmember White motioned to send Bill No. 54-24 to the Full Council with a favorable recommendation, which was seconded by Councilmember Dr. Davis and carried by a vote of nine (9) ayes. Council President Sharon McBride—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye 55-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEARS 2025, 2026, 2027, AND 2028 (SUBSTITUTE) Clerk Tirado read the bill to the Council for its second (2"d)reading. Councilmember Dr. Davis motioned to accept Substitute Bill No. 55-24,seconded by Council Vice President Niezgodski and carried via a vote by voice. After the second (2°d) reading, Councilmember Lee requested the committee report. Council Vice President Niezgodski stated that Substitute Bill No. 55-24 went before the Personnel and Finance Committee and comes with a favorable recommendation. Councilmember Lee requested that the petitioner(s) state their name and address and share key points before the council. Kyle Willis, City Controller, located on the 12th floor of the County-City building, announced the successful conclusion of negotiations for a four-year(4) agreement with the Teamsters Union. This agreement includes a three percent (3%) salary increase for each of the next three (3)years, along with a one-time (1) six percent(6%)market rate adjustment for 2025. Additionally, employees who reside within the city will receive a two-thousand-dollar($2,000)residency bonus. Councilmember Lee then opened the public hearing. Jerod Warnock,residing at 2405 East Edison Road, South Bend, IN 46615,shared his appreciation for the City's efforts in facilitating meaningful negotiations that led to this important bill. Councilmember Lee closed the public hearing. Councilmember Warner expressed gratitude to the Teamsters Union for their collaborative spirit during the negotiations. Council Vice President Niezgodski acknowledged the positive dialogue that took place throughout the summer. Councilmember White commended everyone for fostering a cooperative environment. Councilmember Lee extended thanks for the unwavering support from all involved. Councilmember Tomas Morgan motioned to send Substitute Bill No. 55-24 to the Full Council with a favorable recommendation, which was seconded by Councilmember Dr. Davis and carried by a vote of nine (9) ayes. Council President Sharon McBride—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye 4 REGULAR MEETING October 14, 2024 56-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2025 Clerk Tirado read the bill to the Council for its second (2nd)reading. After the second (2°d)reading, Councilmember Lee requested the committee report. Council Vice President Niezgodski stated that Bill No. 56-24 went before the Personnel and Finance Committee and comes with a favorable recommendation. Councilmember Lee requested that the petitioner(s) state their name and address and share key points before the council. Kyle Willis, City Controller on the 12th floor of the County-City building, announced a three percent (3%) salary increase for 2025, raising the amount from one hundred twenty-two thousand nine hundred and ninety dollars ($122,990) to one hundred twenty-six thousand dollars ($126,681), aligning with the adjustments for non-bargaining employees. Councilmember Lee held the public hearing, and nobody spoke. Councilmember Dr. Davis motioned to send Bill No. 56-24 to the Full Council with a favorable recommendation, which was seconded by Councilmember White and carried by a vote of nine(9) ayes. Council President Sharon McBride—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye 57-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2025 Clerk Tirado read the bill to the Council for its second (2°d) reading. After the second(2°d)reading, Councilmember Lee requested the committee report. Council Vice President Niezgodski stated that Bill No. 57-24 went before the Personnel and Finance Committee and comes with a favorable recommendation. Councilmember Lee requested that the petitioner(s) state their name and address and share key points before the council. Sharon McBride, Common Council President on the 41h floor of the County-City building, stated that this proposal requests a three percent (3%) increase in salary, consistent with the rest of the administration. The provided packet includes positions for a part-time paralegal and an administrative assistant Councilmember Lee held the public hearing, and nobody spoke. Councilmember Dr. Davis motioned to send Bill No. 57-24 to the Full Council with a favorable recommendation, which was seconded by Councilmember Gooden-Rodgers and carried by a vote of nine (9) ayes. Council President Sharon McBride—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye 5 REGULAR MEETING October 14, 2024 Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye 58-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR YEAR 2025 59-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM SALARIES AND WAGES OF DEPUTIES AND NON-BARGAINING EMPLOYEES APPOINTED BY THE CITY CLERK OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2025 Councilmember Lee motioned that Bills No. 58-24 and No. 59-24 be read together, seconded by Councilmember White and carried via a vote by voice. Clerk Tirado read the bill to the Council for its second (2"d)reading. After the second (2°d)reading, Councilmember Lee requested the committee report. Council Vice President Niezgodski stated that Bills No. 58-24 and No. 59-24 went before the Personnel and Finance Committee and come with a favorable recommendation. Councilmember Lee requested that the petitioner(s) state their name and address and share key points before the council. Bianca Tirado, City Clerk on the 4th floor of the County-City building, announced that Bill No. 58-24 seeks a three percent (3%) salary increase, aligning with the rest of the administration. This would adjust the City Clerk's salary from eighty thousand two hundred and twelve dollars ($80,212) to eighty-two thousand six hundred and eighteen dollars (82,618). Bianca Tirado announced that Bill No. 59-24 maintains the salary caps for all four(4)positions within the office, with the only adjustment being the standard three percent(3%) increase. She also noted that the office currently has one (1) public relations intern. Councilmember Lee held the public hearing, and nobody spoke. Councilmember Tomas Morgan motioned to send Bill No. 58-24 to the Full Council with a favorable recommendation, which was seconded by Councilmember White and carried by a vote of nine (9) ayes. Council President Sharon McBride—Aye Council Vice President Sheila Niezgodski —Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye Councilmember Sherry Bolden-Simpson motioned to send Bill No. 59-24 to the Full Council with a favorable recommendation, which was seconded by Councilmember Gooden-Rodgers and carried by a vote of nine (9) ayes. Council President Sharon McBride—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye 6 REGULAR MEETING October 14, 2024 60-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH 3 BEND, INDIANA, FOR THE CALENDAR YEAR 2025 (SECOND SUBSTITUTE) Clerk Tirado read the bill to the Council for its second (2nd) reading. Council Vice President Niezgodski motioned to accept Third Substitute Bill No. 60-24, seconded by Councilmember Warner and carried via a vote by voice. After the second (2nd) reading, Councilmember Lee requested the committee report. Council Vice President Niezgodski stated that Third Substitute Bill No. 60-24 went before the Personnel and Finance Committee and comes with a favorable recommendation. Councilmember Lee requested that the petitioner(s) state their name and address and share key points before the council. Kyle Willis, City Controller on the 121h floor of the County-City building, stated that this proposal includes a three percent (3%) salary increase and a two-thousand-dollar($2,000) residency bonus for all non-bargaining employees for 2025. Councilmember Lee held the public hearing, and nobody spoke. Council Vice President Niezgodski motioned to send Second Substitute Bill No. 60-24 to the Full Council with a favorable recommendation, which was seconded by Councilmember Dr. Davis and carried by a vote of nine(9) ayes. Council President Sharon McBride—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye RISE AND REPORT Councilmember Lee motioned to rise from the Committee of the Whole and report back to the Full Council, seconded by Council Vice President Niezgodski and carried via a vote by voice. REGULAR MEETING RECONVENED Council President McBride stated that the Full Council is now back in session. This portion of our meeting is where bills are given a third (3`d)reading and action is taken regarding bills that were heard during the Committee of the Whole. BILLS ON THE THIRD READING BILL NO. 38-24 THIRD 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 623 OLIVE STREET COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA (SUBSTITUTE) Clerk Tirado read the bill to the Council for its third (3d) reading. 7 REGULAR MEETING October 14, 2024 After the third (3rd)reading, Council President McBride requested a committee report. Councilmember Lee stated Substitute Bill No. 38-24 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Council Vice President Niezgodski motioned for the passage of Substitute Bill No. 38-24, seconded by Councilmember Warner, and carried by a vote of nine(9) ayes. Council President Sharon McBride—Aye Council Vice President Sheila Niezgodski—Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye 50-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2025, AND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2025 AND ENDING DECEMBER 31, 2025, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT (THIRD READING ONLY) Clerk Tirado read the bill to the Council for its third (3rd) reading. After the third (3rd)reading, Council President McBride requested a committee report. Councilmember Lee stated Bill No. 50-24 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember Warner motioned for the passage of Bill No. 50-24, seconded by Councilmember Gooden-Rodgers, and carried by a vote of nine(9) ayes. Council President Sharon McBride—Aye Council Vice President Sheila Niezgodski —Aye Councilmember Canneth Lee—Aye Councilmember Ophelia Gooden-Rodgers—Aye Councilmember Troy Warner—Aye Councilmember Sherry Bolden-Simpson—Aye Councilmember Dr. Oliver Davis—Aye Councilmember Karen L. White—Aye Councilmember Rachel Tomas Morgan—Aye 51-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2025 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2025 (THIRD READING ONLY) 8