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HomeMy WebLinkAbout10-28-2024 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: 10-28-2024 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: TROV WARAk ,o SHERItif BOLDEN-SI PSON APPROVED BY THE COMMON COUNCIL ON: 11-13-2024 ATTEST: BIA A L. TI D , CITY CLERK REGULAR MEETING October 28, 2024 Be it remembered that the Common Council of the City of South Bend, Indiana, met in person on Monday, October 28, 2024, at 7:00 p.m. Council President Sharon McBride called the meeting to order. Pastor Micah Klutinoty of Gospel City Church 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. 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ROLL CALL COUNCILMEMBERS PRESENT Canneth Lee 1" District, Committee of the Whole Ophelia Gooden-Rodgers 2"d District Sharon L. McBride 3Cd District, President Troy Warner 41h District Sherry Bolden-Simpson 5th 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 James Luk Public Relations Intern Palmer Council Attorney Members marked with an asterisk (*) are in virtual attendance. SUB-COMMITTEE ON MINUTES: October 14, 2024 Council President McBride requested reports from the Sub-Committee on Minutes. Clerk Tirado stated that the Sub-Committee on Minutes has inspected the October 14, 2024, Common Council meeting minutes and recommended that they be approved. Councilmember Troy Warner motioned to approve the October 14, 2024, Common Council meeting minutes, which was seconded by Councilmember Ophelia Gooden-Rodgers and carried via a vote by voice. SPECIAL BUSINESS The Council read a special resolution recognizing Rise Up Academy. 1 REGULAR MEETING October 28, 2024 REPORTS FROM CITY OFFICES None. RESOLVE INTO THE COMMITTEE OF THE WHOLE Councilmember Troy Warner motioned to resolve into the Committee of the Whole, which was seconded by Council Vice-President Shiela Niezgodski and carried via a vote by voice. PUBLIC HEARINGS BILL NO. 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 Bill No. 42-24 has been tabled until November 13, 2024. 44-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 25471, 25481,AND 25491 CLEVELAND ROAD, COUNCILMANIC DISTRICT NO. I 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. Oliver Davis stated that Bill No. 44-24 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. Skip Morrell, Principal Development Planner, with offices on the 14th floor of the County-City building, Skip Morrell, Principal Development Planner located on the 14th floor of the County- City building, explained that Bill No. 44-24 involves the annexation and rezoning of a property currently designated as R (single-family residential) in St. Joseph County,with plans to incorporate it into the city as industrial land. The site is currently farmland surrounded by vegetation, industrial properties, and residential areas. The proposed development includes an 8,000-square-foot office space and a 15,000-square-foot warehouse for outdoor storage, along with the preservation of the existing farmhouse on the property. This plan aligns with the city's annexation policy and has received a favorable recommendation from the Plan Commission. Regarding Bill No. 24-34, it is noted that water and sewer services are already available, so no additional infrastructure is necessary. The Cleveland Poppy annexation area will fall under the South Bend Common Council's District 1, which includes SBPD Beat 22, Fire Station eleven (11), Emergency Medic Station eleven (11), and Neighborhood Services Enforcement five (5). Angela Smith, with Danch Hamer&Associates, with offices at 1643 Commerce Drive, South Bend, IN 46628, stated that the proposed development is consistent with the surrounding industrial areas. She noted that they are currently working on the layout and are eager to enhance the property. As a local company specializing in wastewater and water extensions for municipalities, the presence of the water tower behind their office symbolizes their strong relationship with the City.Angela Smith noted that two (2)public hearings were held for 2 REGULAR MEETING October 28, 2024 neighbors, with several expressing enthusiasm for industrial development and support for local businesses.A follow-up virtual meeting had no public attendees. Matt Cain, the petitioner and President of HRP Construction, with offices at 5777 Cleveland Rd, South Bend, IN 46628, shared that his company has always been based in South Bend, despite relocating three times.As a water and wastewater contractor, the City of South Bend has been a significant customer. Currently, HRP Construction employs sixty (60)people, with that number fluctuating seasonally. They have outgrown their current location and are looking to update and expand while remaining within the city limits of South Bend. Councilmember Lee held the public hearing, and nobody spoke. Councilmember Dr. Davis expressed gratitude to the petitioner for their commitment to keeping their business in South Bend and for taking the time to meet with the neighbors. Councilmember Lee noted that as the representative for the first district, he is pleased to witness more growth and development in the area. Council President McBride motioned to send Bill No. 44-24 to the Full Council during the November 13, 2024 Council meeting with 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 61-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2025 (SUBSTITUTE) Clerk Tirado read the bill to the Council for its second(2°d)reading. After the second (2nd)reading, Councilmember Lee requested the committee report. Councilmember Niezgodski stated that Substitute Bill No. 61-24 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, with offices on the 121h floor of the County-City building, stated that this bill addresses the salary structure for sworn members of the South Bend Fire Department. It authorizes a ten percent (10%) salary increase for firefighters, along with a two thousand five- hundred-dollar ($2,500) residency bonus. The bill also eliminates the third-class firefighter position and raises the starting pay for recruits from forty-eight thousand dollars($48,000)to fifty- six thousand dollars($56,000).This adjustment comes because of successful negotiations, leading to a one-year contract between the union and the fire department. Fire Chief Carl Buchanon, 1222 South Michigan Street, South Bend IN 46601, expressed his gratitude to the Council and city administration for their successful negotiations and acknowledged the dedication of the men and women who serve the community. Russ Buysse,Fire Fighter and Local 362 President,4025 Lincolnway West, South Bend,IN 46628, expressed appreciation to the Mayor and the Councilmembers who participated in the negotiations, highlighting their pivotal role in achieving the positive outcomes we are witnessing. The one-year contract created will help address staffing conflicts moving forward, ensuring smoother operations and better service for the community. 3 REGULAR MEETING October 28, 2024 Councilmember Lee held the public hearing, and nobody spoke. Councilmember Gooden-Rodgers expressed gratitude to the Fire Department and looked forward to participating in future negotiations. Councilmember Sherry Bolden-Simpson thanked the department for their expertise in the community and expressed her appreciation for their compassion, which, coupled with their knowledge, has had a positive impact on those they serve. Councilmember Karen White appreciated her colleagues and the Mayor, feeling proud of the success of the contract. Councilmember Dr. Davis thanked the Fire Department for their role in ensuring his safety. Council President McBride also extended thanks to the Fire Department for their dedicated service. Councilmember Lee expressed his gratitude for being part of the negotiations. Council Vice President Niezgodski motioned to send Substitute Bill No. 61-24 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 62-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,TO VACATE THE FIRST EAST-WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT STREET AND TERMINATING IN PARCELS 018-3076-3055 AND 018-3076-3053;AND THE FIRST NORTH- SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018-3076-305301 AND 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN RAILROAD RIGHT OF- WAY(SUBSTITUTE) 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 Warner motioned to accept Substitute Bill No.62-24, which was seconded by Councilmember White and carried via a vote by voice. Councilmember Dr. Oliver Davis stated that Substitute Bill No. 62-24 went before the Public Works and Property Vacation 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. Ariel Geary, 705 Lafayette Northeast Avenue, Grand Rapids, MI 49503, representing South Bend Metal Products, petitioned to vacate the alley between Chestnut Street and the parcels 018-3076- 3055 and 018-3076-3053. The petitioner aims to replace the fence for the benefit of the shop and its employees. Councilmember Lee clarified that the committee members received the appropriate images of the map for the presentation during committees. Councilmember Lee opened the public hearing. 4 REGULAR MEETING October 28, 2024 Carl Nichols, Pastor at Gethsemane Church of God located at 308 Walnut Street, South Bend, IN 46601, mentioned that their church will be breaking ground in the spring adjacent to the parcels specified in this bill. He inquired whether this construction would pose any obstacles to their plans. Ariel Geary responded that the construction should not interfere with their activities. Councilmember Lee closed the public hearing. Councilmember Gooden-Rodgers emphasized that Carl Nichols is well-informed about the upcoming construction plans. Councilmember Dr. Davis motioned to send Substitute Bill No. 62-24 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 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. 61-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2025 (SUBSTITUTE) Clerk Tirado read the bill to the Council for its third (3`d) reading. After the third (3`d)reading, Council President McBride requested a committee report. Councilmember Lee stated Substitute Bill No. 61-24 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 Bill No. 61-24, 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 62-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FIRST EAST-WEST ALLEY SOUTH OF NAPIER STREET BETWEEN CHESTNUT STREET AND 5 REGULAR MEETING October 28, 2024 TERMINATING IN PARCELS 018-3076-3055 AND 018-3076-3053;AND THE FIRST NORTH- SOUTH ALLEY EAST OF CHESTNUT STREET BETWEEN PARCELS 018-3076-305301 AND 018-3076-3052 AND TERMINATING IN THE NORFOLK-SOUTHERN RAILROAD RIGHT-OF- WAY 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. 62-24 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember Dr. Davis motioned for the passage of Bill No. 62-24, seconded by Council Vice President Niezgodski, 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 RESOLUTIONS BILL NO. 24-34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO THE CLEVELAND POPPY ANNEXATION AREA IN WARREN TOWNSHIP Clerk Tirado read the resolution to the Council. Council President McBride asked for a committee report. Councilmember Dr. Davis stated that this Bill was heard in the Zoning and Annexation Committee and comes to the Full Council with a favorable recommendation. Skip Morrell, Principal Development Planner, with offices on the 14th floor of the County-City building, Skip Morrell, Principal Development Planner located on the 14th floor of the County- City building, explained that Bill No. 24-34, it is noted that water and sewer services are already available, so no additional infrastructure is necessary. The Cleveland Poppy annexation area will fall under the South Bend Common Council's District 1, which includes SBPD Beat 22, Fire Station eleven (11), Emergency Medic Station eleven (11), and Neighborhood Services Enforcement five(5). Council President McBride held the public hearing, and nobody spoke. Council Vice President Niezgodski motioned for the adoption of Bill No. 24-34, 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 24-35 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY 6 REGULAR MEETING October 28, 2024 RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 321 WEST WAYNE STREET, SOUTH BEND, INDIANA 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR HISTORIC HEARTHSTONE LLC Clerk Tirado read the resolution to the Council. Council President McBride asked for a committee report. Councilmember Warner stated that this Bill was heard in the Community Investment Committee and comes to the Full Council with a favorable recommendation. Mark Bemenderfer, Business Development Manager, with offices on the 141h floor of the County-City building, presented Historic Hearthstone LLC. This abatement aims to transform the site into a mixed-use development, featuring a restaurant as the anchor tenant, along with office spaces for Indiana Landmarks and South Bend Trademarks. The total investment is projected to be two point five ($2,500,000)million dollars. Currently, the tax impact stands at four thousand six hundred and thirty-six ($4,636) dollars, with an estimated future tax impact of fifty-five thousand three hundred and ninety-six($55,396) dollars. The project includes four hundred seventy-one thousand two hundred and forty-eight ($471,248) dollars in tax abatement and eighty-two thousand seven hundred and thirteen ($82,713) dollars in taxes to be paid. Councilmember Rachel Tomas Morgan asked to clarify the timeline for the beginning of construction. Regina Emberton, the petitioner at 615 West Colfax Avenue, South Bend, IN 46601, announced that construction will begin immediately, with plans to open by the summer season and be fully operational by the end of 2025. Councilmember Tomas Morgan expressed gratitude for their investment in the community. Council President McBride held the public hearing, and nobody spoke. Council Vice President Niezgodski motioned for the adoption of Bill No. 24-35, 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 24-36 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING SCRIVENER'S ERROR IN RESOLUTION NO. 5096-24 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 123 NORTH DR. MARTIN LUTHER KING JR. BOULEVARD, SOUTH BEND, INDIANA 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR (9) REAL PROPERTY TAX ABATEMENT FOR AFP I I I CORPORATION Clerk Tirado read the resolution to the Council. Council President McBride asked for a committee report. 7 REGULAR MEETING October 28, 2024 Councilmember Warner stated that this Bill was heard in the Community Investment Committee and comes to the Full Council with a favorable recommendation. Mark Bemenderfer, Business Development Manager, with offices on the 141h floor of the County-City building, explained that this bill aims to correct a scrivener's error found in Resolution 5096-24, adopted at the October 14, 2024, Council Meeting. This declaratory resolution designates the parcels as an Economic Revitalization Area for tax abatement purposes and specifies the duration of this designation. The previous resolution mistakenly set the end date as December 31, 2033; it will be corrected to December 31, 2027. Council President McBride held the public hearing, and nobody spoke. Councilmember White motioned for the adoption of Bill No. 24-36, 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 24-37 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 123 NORTH DR. MARTIN LUTHER KING JR. BOULEVARD, SOUTH BEND, INDIANA 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR (9) REAL PROPERTY TAX ABATEMENT FOR AFP III CORP. Clerk Tirado read the resolution to the Council. Council President McBride asked for a committee report. Councilmember Warner stated that this Bill was heard in the Community Investment Committee and comes to the Full Council with a favorable recommendation. Mark Bemenderfer, Business Development Manager, with offices on the 141h floor of the County-City building, presented a confirming resolution indicating that the petitioner,AFP I I I Corp., is looking to invest nine point two ($9,200,000) million dollars. To date, they have already invested four million, one hundred ninety-six thousand, one hundred ninety-two ($4,196, 192) dollars into the property and plan to expand their staff by adding five(5) employees, resulting in an annual payroll of one hundred sixty-six thousand, four hundred ($166, 400) dollars. The amount of taxes abated under this resolution will be one hundred twenty-two thousand, one hundred twenty-two ($122,122) dollars, and it is estimated that tax collections will increase from three hundred thirteen thousand, twenty-three ($313,023) dollars to four hundred forty-eight thousand, three hundred eighty-three ($ 448,383) dollars following the project. Council President McBride held the public hearing, and nobody spoke. Councilmember Dr. Davis thanked AFP 111 for their investment in the downtown community. Councilmember Lee also expressed gratitude to the petitioner for their commitment to the area. Councilmember Bolden-Simpson thanked them for their investment in this beautiful building. Councilmember Warner motioned for the adoption of Bill No. 24-37,seconded by Councilmember Tomas Morgan, and carried by a vote of nine (9) ayes. 8 REGULAR MEETING October 28, 2024 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 BILLS ON FIRST READING BILL NO. 63-24 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 5, FOR LAND SOUTH OF LAFAYETTE FALLS PHASE I ANNEXATION AREA AND WEST OF SOUTH US-31 HIGHWAY, SOUTH BEND, INDIANA Clerk Tirado read the bill to the Council for its first (I")reading. Council Vice President Niezgodski motioned to send Bill No. 63-24 to the Zoning and Annexation Committee for a public hearing and third(3"d)reading on November 13,2024,which was seconded by Councilmember Warner and carried via a vote by voice. UNFINISHED BUSINESS Councilmember Dr. Davis requested an update on the train whistling occurring past curfew hours. He also expressed interest in receiving a briefing on the discrimination lawsuit between the United States and the South Bend Police Department. Council President McBride stated that she would reach out to transportation to explore possible solutions. Bob Palmer, the Council Attorney with offices on the 4th floor of the County-City building, mentioned that he has not received any communication from transportation. In response, Councilmember Dr. Davis suggested sending a letter to them. NEW BUSINESS Council President McBride motioned to move the first Common Council meeting in November would be moved from November 11, 2024, to November 13, 2024, because the city observes Veterans Day on the I I", which was seconded by Councilmember Dr. Davis, and carried via a vote by voice. Council President McBride also introduced the Common Council meeting dates for 2025. Councilmember Dr. Davis shared that he attended a key to the city ceremony for Nevin Longenecker and was proud to represent the city. Councilmember Bolden-Simpson expressed gratitude for the park dedication that took place last week. Council Vice President Niezgodski thanked law enforcement officials and others for their contributions to Hurricane Helene. Councilmember Lee expressed gratitude to Intend Indiana for their investment in the community. PRIVILEGE OF THE FLOOR Sarah Foster, 1138 College Street, South Bend IN 46628, spoke regarding a matter that occurred following the May 13, 2024, Common Council meeting. 9 REGULAR MEETING October 28, 2024 Logan Foster, 1138 College Street, South Bend IN 46628, spoke regarding a matter that occurred following the May 13, 2024, Common Council meeting. Charles Boros, 1409 West Western Avenue, South Bend,IN 46619, stated that he needs assistance with applying for an alley vacation. Council Vice President Niezgodski responded that she had received information from the clerk's office and will reach out to him after the meeting. Rod Goodchild, 837 S 241h, South Bend, IN 46615, spoke regarding Potawatomi park. Councilmember Lee stated that he will follow up with Rod to collaborate with Venues, Parks, and Arts. Don Foster, 132 Chapin Street, South Bend, IN 46601, spoke regarding a matter that occurred following the May 13, 2024, Common Council meeting. Council President McBride stated that she did not need to restrain Council Vice President Niezgodski in any way following the May 13, 2024, council meeting. She affirmed that people are allowed to voice their opinions during the privilege of the floor, but she will not be cornered into making a statement, and this will be her only comment on the matter. She noted that the police report has been finalized and that the rules committee has met to determine the path forward, emphasizing her support for the committee's decision. Councilmember Gooden-Rodgers mentioned that Logan Foster reached out to her earlier in the day, trying to get her to make a statement, noting that two (2) councilmembers had already done so. She clarified that she is neither of those councilmembers and does not feel compelled to comment on the police report, given that the matter has been finalized with both the police department and the rules committee. After re-reading the police report,she noted that Logan Foster stated that Council Vice President Niezgodski did not assault him, and she is basing her stance on that information. She added that she will not be making any further comments. Council President McBride responded that if any further action were to be pursued, she would recommend going to the prosecutor's office, as no additional statements or actions will be taken by the council moving forward. Council President Sharon McBride adjourned the meeting at 8:18 p.m. 10