HomeMy WebLinkAbout07-28-2025 Council Minutes SignedREPORT OF SUB-COMMITTEE ON MINUTES
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
THE SUB-COMMITTEE HAS INSPECTED THE MINUTES OF THE
DA TE: 07-28-2025
MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT.
THEREFORE, WE RECOMMEND THE SAME BE APPROVED:
APPROVED BY THE COMMON COUNCIL ON: 08-11-2025
ATTEST:
..
REGULAR MEETING July 28, 2025
Be it remembered that the Common Council of the City of South Bend , Indiana, met in person on
Monday, July 28, 2025, at 7:00 P.M . Council President Canneth Lee called the meeting to order.
The invocation was given by Reverend Joel Moody of Sunnyside Presbyterian Church, and the
Pledge to the Flag was given.
City Clerk Bianca L. 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 the 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 .
Please note the attached link for the meeting recording:
https ://docs.southbendin.gov/WebLink/browse.aspx?dbid=0&mediaid=397248
Council meetings are also available at Michiana Access Channel on both their website and
their Facebook page.
ROLL CALL
COUNCILMEMBERS PRESENT
Canneth Lee
Ophelia Gooden-Rodgers
Sharon L. McBride
Troy Warner
Sherry Bolden-Simpson
Sheila Niezgodski
Karen L. White
Dr. Oliver Davis
Rachel Tomas Morgan
COUNCILMEMBERS ABSENT
None
OTHERS PRESENT
Bianca L. Tirado
Matthew Neal
Jasmine Jackson
Margaret Gotsch
Lari'onna Green
Bob Palmer
l st District, President
2 nd District
3rd District
4 th District , Committee of the Whole
5th District
6th District
At-Large
At-Large
At-Large , Vice President
City Clerk
Deputy Director of Policy
Chief Deputy City Clerk
Director of Special Projects
Administrative Assistant
Council Attorney
M e mb ers m ark ed wi th an as t eri sk(*) a re in v irtu a l att e nd a nce.
SUB-COMMITTEE ON MINUTES:
July 14, 2025
Council President Lee requested reports from the Sub-Committee on Minutes.
Clerk Tirado stated that the Sub-Committee on Minutes inspected the July 14, 2025, Common
Council meeting minutes and recommend they be approved.
Councilmember Dr. Oliver Davis moved to approve the July 14, 2025, Common Council meeting
minutes , which was seconded by Councilmember Sherry Bolden-Simpson and can-ied via a vote
by voice.
SPECIAL BUSINESS
None
REPORTS FROM CITY OFFICES
REGULAR MEETING July 28, 2025
None.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
Councilmember Ophelia Gooden-Rodgers moved to resolve into the Committee of the Whole ,
which was seconded by Councilmember Sheila Niezgodski and carried via a vote by voice.
PUBLIC HEARINGS
BILL NO.
30-25 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 11 14 MAYFLOWER ROAD
COUNCILMANIC DISTRICT NO. 6 IN THE CITY
OF SOUTH BEND , INDIANA
Clerk Tirado read the bill to the Council for its second (2 nd ) reading.
After the second (2nd) reading , Councilmember Dr. Davis stated that Bill No . 30-25 went before
the Zoning and Annexation Committee and comes with no recommendation.
Councilmember Troy Warner requested that the petitioner(s) state their name and address and
share key points before the council.
Mark Dellostritto , Zoning Specialist, with offices on the fourteenth (14th) floor of the County-City
Building, South Bend, IN 4660 I, stated that Bill No. 30-2 5 requests a special exception for
property located at 1114 Mayflower Road for use as a Pre-K, Primary , and Secondary School. The
property contains a building that previously served as a daycare starting in 2012 and is consistent
with the South Bend Comprehensive Plan .
David Turner, 50771 Hollyhock Road , South Bend , IN 46637 , stated that as an educator he is
excited for the opportunity and acknowledged the responsiveness from staff.
Councilmember Warner clarified that the special exception is required because the daycare would
be for Pre-Kand children under Pre-K.
Council Vice President Rachel Tomas Morgan asked how many Pre-K seats will the facility have.
David Turner stated no more than forty ( 40) seats with a rolling enrollment.
Council President Lee asked what childcare level the facility is applying for.
David Turner stated the application is for level one (1) or two (2)
Councilmember Bolden-Simpson asked who the intended population is and will neighboring
residents get first right of refusal. Councilmember Bolden-Simpson also asked how the facility
will manage disabled students.
David Turner stated that they will ensure the operation and practices are equitable and serves the
needs of the community and that families who choose to be part of the program can be supported.
David Turner stated regarding disabled students they have not fully fleshed out that design.
Councilmember Warner held the public hearing.
Sue Kesim , 422 Kennedy Drive , South Bend, IN 46614 , stated it's always great to have more
resources for children and expressed concern regarding literary.
Peggy Foster, 3210 Sugar Maple Buisness Court, South Bend , IN 46601 , spoke regarding concerns
with linguistics and phonemic awareness .
Councilmember Warner closed the public hearing.
Councilmember Niezgodski thanked the petitioner and mentioned the importance of parental
involvement.
2
REGULAR MEETING July 28, 2025
Council President Lee thanked the petitioner and mentioned the importance of Pre-K.
Councilmember Dr. Davis thanked the petitioner.
Councilmember Bolden-Simpson thanked the petitioner, asked what level of education the
teachers would have, and recommended someone (1) to reach out to.
David Turner emphasized the importance of ongoing professional development and thanked
Councilmember Bolden-Simpson for the recommendation .
Councilmember Dr. Davis moved to send Bill No. 30-25 to the Full Council with a favorable
recommendation , which was seconded by Council President Lee and carried by a vote of nine (9)
ayes .
Council President Canneth Lee -Aye
Councilmember Ophelia Gooden-Rodgers -Aye
Councilmember Troy Warner -A ye
Councilmember Sheila Niezgodski -Ay e
Councilmember Karen L. White -Aye
39-25
Council Vice President Rachel Tomas Morgan -Aye
Councilmember Sharon McBride-Aye
Councilmember Sherry Bolden-Simpson -Aye
Councilmember Dr. Oliver Davis -Aye
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 1039 LINCOLN WAY WEST & 50
SHERMAN, COUNCILMANIC DISTRICT NO . I
IN THE CITY OF SOUTH BEND, INDIANA
(SUBSTITUTE)
Council President Lee stated that Substitute Bill No . 39-25 is tabled until August 25, 2025.
40-25 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 1527 SOUTH MICHIGAN
STREET COUNCILMANIC DISTRICT NO. 2 IN
THE CITY OF SOUTH BEND , INDIANA
Council President Lee stated that Bill No. 40-25 is tabled until August 25, 2025.
42-25 PUBLIC HEARING ON AN ORDINANCE OF
THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND , INDIANA , AMENDING THE
ZONING ORDINANCE FOR PROPERTY
LOCATED 740 N BROOKFIELD ST
COUNCILMAN IC DISTRICT NO. 2 IN THE CITY
OF SOUTH BEND , INDIANA
Clerk Tirado read the bill to the Council for its second (2 nd ) reading .
After the second (2 nd ) reading, Councilmember Dr. Davis stated that Bill No. 42-25 went before
the Zoning and Annexation Committee and comes with a favorable recommendation .
Mark Dellostritto , Zoning Specialist, with offices on the fourteenth (14 th ) floor of the County-City
Building, South Bend , IN 46601 , requests to rezone property located at 740 North Brookfield
Street from Industrial (I) to Urban Neighborhood Three (U3). The petitioner seeks to rezone the
property so that someone can live in the existing detached house . Rezoning the parcel aligns with
the City's Comprehensive Plan.
3
R EGULAR M EETING July 28 , 2025
Coun cilmemb er Warn e r c larifie d th at the ho u se h as bee n o n th e pro perty fo r over o n e hun dred
( I 00 ) years but in 20 19 was rezo ned to Indu stri al (I ).
Co un c ilm emb er Wa rn er he ld th e publi c hearin g , a nd no bo dy s po ke.
Coun cil V ice P res ide nt To m as Mo rga n m oved to se nd Bill No . 42-25 to t he Full Counc il w ith a
favo rabl e reco mm end ati o n, w hi ch was seco nd ed by Co un c il Pres id ent Lee a nd ca rri ed by a vo te
of nin e (9) ayes .
Co un c il Pres id ent Cann eth Lee -Aye
Co un c ilm emb er O ph eli a Gooden-Ro d gers -A ye
Co un c ilm emb er Troy Warn e r -Aye
Co un c ilm emb er Sheil a N iezgo d ski -Aye
Coun c ilm emb er K aren L. White -Aye
4 3-2 5
Co un c il V ice Pres id ent R ache l To m as Mo rga n -Aye
Co un ci lm ember Sharo n Mc Brid e-Aye
Co un c ilm emb er Sh erry B o ld e n-S imp so n -Aye
Co un c ilm emb er D r . Oli ve r Dav is -Aye
P UBLIC HEARI NG O N AN ORDIN ANCE O F
T H E C OMMO N C O UNC IL O F T H E C IT Y OF
SO UT H B EN D , I DI ANA , AMEN DI N G
SECTION 2-2 10 OF T H E MUN IC IP AL CO D E
P ERTA IN ING T O FEES AN D PRO CESSES FOR
P UBLI C R EC ORDS R EQ UESTS
C le rk T i ra d o rea d th e bill to th e Co unc il fo r it s seco nd (2 nd) readin g.
A ft er th e seco nd (2 nd ) read ing , Co un c ilm emb er N iezgo d ski stat ed th at S ub stitut e Bill No . 43 -25
we nt before th e P erso nn e l a nd Fin an ce Committee and co m es w ith no reco mm end ati o n .
Co un cilm emb e r Warn er req u es t ed th at the petiti o ner(s ) state th e ir nam e a nd add ress a nd s ha re key
poi nts b efore th e co u nc il.
J e nn a T h row , C ity A tt o rn ey , w ith offices o n th e twe lft h (12th) fl oo r of th e Co unt y-C it y Buildin g ,
So uth B end , IN 4 660 I , st ate d th at upd ates have bee n m ad e to Secti o n 2-2 IO of the Muni cip a l co d e
a nd th e fo ll ow in g is an ove rv iew of th e present ati o n . To pi c On e (I ): Law Enfo rce m ent R eco rd ings
-T he goal of th e change is to cha rge fo r th e ac tu a l tim e s p ent rev iew in g and re d actin g th e
reco rdings. T here w ill b e a cap of o ne hundred and fi fty d o ll ars ($150 ) per v id eo w ith a fl at fee of
fi ft y d o ll ars ($50) p er ho ur w hi ch w ill be prorate d based o n th e leng th of th e vid eo. Top ic Two
(2): Fee Sched ul e as Separate Docum ent -In stead of hav in g to m anu all y go in a nd adju st th e code
itself, th e fee sch edul e wi ll be att ach ed as a sep arate d ocum ent a nd pos t ed o n th e C it y's we b site .
T he fees wi ll still be a pp roved by th e Coun c il but w ill strea mlin e th e pro cess fo r Co un cil rev iew.
To pic Three (3): C la rifi cati o n fo r E lec t ro ni c R eco rd s -thi s cl arifi es th at no cha rges are associated
w ith electro ni c reco rd s , unl ess prov id ed by law , and th e fees set in th e o rdin ance o nl y p ert a in to
hard co pi es of record s. To pi c Fo ur (4): C lari ficat io n fo r Reco rd Certi ficat io n Fees -thi s to pi c
cla rifi es th at if a reco rd need s to b e cert ifi ed , t he fee associat ed w ith th e certi fica ti o n is d epos it ed
into th e sam e fund as th e fees associated w ith th e co pi es o freco rd s . T o pi c Five (5): Use of R eco rd s
fro m Elect ro ni c Data Storage Systems -pro hi bits co mm erc ia l use of records fro m a n e lect ro ni c
d ata storage system . Med ia , no np rofit acti v it ies , a nd aca d emi c resea rch is not pro h ibited . T he C it y
can pro hibit any re qu es to r fro m access in g or o bt a inin g record s if reco rd s are used in co nt ra ry to
thi s pro vis io n. To pi c S ix (6): U pd ates to Fee Schedul e -Thi s to pi c covers min o r upd ates to th e
fee sc hedul e th at includ es a d ecrease in th e cost of fin ge rprintin g , ren amin g "A rso n R ep o rt s" to
"Fire In ves t igati o n R epo 1is", st rik in g lin e ite m s th at are no lo nge r used , in creas in g an additi o na l
cos t assoc iated w ith docum e nt s o th er th a n publi c reco rd s, and m o di fy in g fees fo r "No Tres p ass "
s ig ns to refl ect o nl y o ne s ize.
Co uncilm emb er B o ld en-Sim pso n as ked if vid eos mu st b e red ac ted du e to im ages of nudity ,
min o rs , etcetera aut o m at ica ll y in c ur a fee .
J enn a Thro w stat ed th at peo pl e co ming t o in s pect th e reco rdin g d o no t in c ur a fe e but if th ey
rece ive a co py th e fee wo uld a ppl y .
Co un cilm emb er B o ld en-S im pso n as ked J e nn a T h row to d efin e a requ es to r.
4
REGULAR MEETING July 28, 2025
Jenna Throw stated that a requestor can be depicted in a recording, or if they are deceased certain
family members are put in place as a personal representative . A requestor can be an owner, tenant,
lessee, or occupant if the interior of the property is shown in the recording, or a person who is the
victim of a crime or suffers a loss due to personal injury or property damage if the events in the
recording are relevant to the loss or the crime.
Councilmember Sharon McBride asked how many repeat requesters there are versus how many
re s idents there are. Councilmember McBride asked if more than one (1) person requests the same
recording, who will get charged .
Jenna Throw stated that there are some common requesters like local entities that require records
for their business and whoever makes the initial request will be charged . Regarding residents , that's
where the intake process comes in to make s ure that people are getting the records that they need
in the most cost-effective way.
Kylie Connell , Assistant City Attorney , with offices on the twelfth (12 th ) floor of the County-City
Building, South Bend , IN 46601 , stated that requesters don't necessarily have to go through the
Access to Public Records Act (APRA) process to get access to a recording and listed a few
alternative options .
Council member Gooden-Rodgers asked if she does not qualify as a requester, can she get access
to a recording .
Jenna Throw stated that if a person does not qualify as a requester that person can go through the
APRA process and the fee would apply.
Council President Lee thanked Jenna Throw and stated there is the thought that this process is
meant to disenfranchise poor people and asked how this would be addressed.
Jenna Throw thanked Council President Lee for the question and stated that is the opposite of what
they want to achieve. Jenna Throw mentioned that Kylie Connell provided a list of alternative
options.
Council President Lee asked if the videos are provided through e-mail.
Jenna Throw stated they are not due to file s ize.
Council Vice President Tomas Morgan asked how often the same content is requested and where
do the funds go .
Jenna Throw stated it does not occur often , and the state statute dictates where the funds go.
Councilmember Karen L. White asked if Jenna's presentation can be sent to the Office of the City
Clerk .
Jenna Throw answered yes , she will send a copy .
Councilmember Niezgodski asked if the Community Police Review Board (CPRB) needs to go
through the APRA process . Councilmember Niezgodski also asked out of the sixteen (I 6) cities
that passed the ordinance, how many denied and how similar is this ordinance to the County
ordinance.
Jenna Throw stated that the CPRB would not go through the APRA process . Jenna Throw stated
they were unable to find any municipalities that denied the ordinance and regarding the similarities,
the County charges a step-up process in half hour increments whereas the City charges a step-up
process in hour increments.
Councilmember Dr. Davis asked for an explanation as to why this was not included in the budget
request for the City 's Legal Depa1iment.
Sandra Kennedy , Chief Legal Officer, with offices on the twelfth (12th) floor of the County-City
Building, South Bend , IN 46601 , explained that the Lega l Department has been working on thi s
ordinance for two (2) years and redacting the recordings and reviewing the recordings requires
significant manpower.
Councilmember Dr. Davis asked about electronic copies and associated fees.
5
REGULAR MEETING July 28, 2025
Jenna Throw stated that police recordings would not fall under Section B of the ordinance because
they are not able to be sent electronically due to file size.
Councilmember Bolden-Simpson clarified that the fees go to the Body Camera Program , but the
Legal Department is embracing the hard work .
Jenna Throw stated that is con-ect.
Councilmember Dr. Davis mentioned the flock safety fee (annual subscription fee per camera that
covers hardware , software , software updates , installation , and maintenance) to Council Attorney
Bob Palmer.
Jenna Throw thanked Councilmember Dr. Davis and stated that the definition of law enforcement
recordings would govern requests that are received regarding flock or photos and those videos
would not go through this analysis. However, in the event there were videos responsive to those
types of requests , it would be detennined on a case-by-case basis .
Councilmember Dr. Davis requested additional information regarding flock.
Jenna Throw said she would follow up.
Councilmember Warner opened the public hearing.
Kylie Connell spoke in favor of Bill No. 43-25.
Councilmember Dr. Davis requested infonnation regarding adminstration speaking during the
public hearing.
Councilmember Warner stated that administration should refrain from speaking during the public
hearing.
Sue Kesim , 422 Kennedy Drive , South Bend , IN 46614, spoke in opposition to Bill No . 43-25.
Linda Bryant, 3220 White Maple Court , South Bend IN 46628 , spoke in opposition to Bill No . 43-
25.
Peggy Foster, 3210 Sugar Maple Business Ct. South Bend , IN 46601 , spoke in opposition to Bill
No. 43-25.
Tim Cotton, 63808 State Road 23 , North Liberty, IN 46554, spoke in opposition to Bill No . 43-25.
Akachi Okereke, 230 East Calve1i Street , South Bend , [N 46613, spoke in opposition to Bill No.
43-25.
Sarah Foster, l 138 College Street , South Bend , IN 46628 , spoke in opposition to Bill No . 43-25 .
Henry Davis Jr., 5117 Idlewood Drive, South Bend , IN 46619 , spoke in opposition to Bill No. 43-
25.
Trina Robinson , 914 Lincoln Way West , South Bend , IN 46616, spoke in opposition to Bill No.
43-25.
Logan Foster, 1138 College Street, South Bend , TN 46628 , spoke in opposition to Bill No . 43-25.
Jordan Giger, 302 South Falcon Street , South Bend , IN 46619 , spoke in opposition to Bill No . 43-
25.
Kathleen Kershner, 538 Marquette Avenue, South Bend , IN 46617 , spoke in opposition to Bill No .
43-25.
Councilmember Warner requested a five (5) minute rebuttal from the petitioner.
Kylie Connell stated that no criminal defendant is being witheld or being asked to pay for records
as a part of their criminal case and mentioned that Artificial Intelligence (Al) has its place in certain
applications but not all.
Scott Ruszkowski , South Bend Police Chief , with offices at 701 West Sample Street, spoke in
favor of Bill No . 43-25, because of the manpower it takes to review and redact these recordings
requires considerable effort.
6
REGULAR MEETING July 28, 2025
Jenna Throw reiterated that they don't view the fee schedule as being a burden to lower income
individuals because based on the calculations that were made, the individuals that are residents of
the City comprise a very small portion of the requests that are received.
Councilmember Warner closed the public hearing and asked the Council for comments.
Councilmember Gooden-Rodgers asked if Pastor King can view the recordings or if he receives a
copy.
Kylie Connell stated that Pastor King can view the recordings and report back to the CPRB but is
not given a copy to bring back to the CPRB .
Councilmember Gooden-Rodgers asked if Jenna thinks the public has had enough time to hear
about Bill No . 43-25 .
Jenna Throw stated that she is willing to answer any additional questions .
Councilmember Bolden-Simpson asked if the Legal Department can still Counsel without the fee .
Jenna Throw stated that it could be an option but the idea was to help people pare down their
requests and pare down the cost.
Councilmember Bolden-Simpson expressed concern regarding facial recognition .
Councimember Dr. Davis expressed concern regarding budgetary issues and constraints .
Council President Lee stated that he believes Bill No . 43-25 will help to ensure the public records
are managed without compromise and that all people have a right to access this infonnation.
Councilmember Gooden-Rodgers stated that she represents District Two (2) and does not
discriminate against anyone in South Bend .
Council Vice President Tomas Morgan stated that as a fiduciary body of the City of South Bend ,
Council is responsible to ensure access and allow access to those in need of these recordings.
Councilmember Niezgodski mentioned that Council may need additional time to discuss Bill No .
43-25.
Councilmember White stated that the public has a right to be heard , and the Council has the
responsibility to listen and consider the concerns .
Councilmember Niezgodski moved to table Bill No . 43-25 until August 11, 2025 , which was
seconded by Councilmember Bolden-Simpson and carried by a vote of nine (9) ayes.
Council President Canneth Lee -Aye Council Vice President Rachel Tomas Morgan -Aye
Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Sharon McBride-Aye
Councilmember Troy Warner -Aye Councilmember Sherry Bolden-Simpson -Aye
Councilmember Sheila Niezgodski -Aye Councilmember Dr. Oliver Davis -Aye
Councilmember Karen L. White -Aye
RISE AND REPORT
Councilmember Bolden-Simpson moved to rise from the Committee of the Whole and report back
to the Full Council , which was seconded by Council Vice President Tomas Morgan and carried
via a vote by voice.
REGULAR MEETING RECONVENED
Council President Lee stated that the Full Council is now back in session. This portion of the
meeting is where bills are given a third (3 rd ) reading and action is taken regarding bills that were
heard during the Committee of the Whole.
BILLS ON THE THIRD READING
BILL NO .
30-25
7
THIRD READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
REGULAR MEETING July 28, 2025
BEND, INDIANA , APPROVING A PETITION OF
THE ADVISORY BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 1114
MAYFLOWER ROAD COUNCILMANIC
DISTRICT NO . 6 IN THE CITY OF SOUTH
BEND , INDIANA
Clerk Tirado read the bill to the Council for its third (Yd) reading.
After the third (3 rd ) reading , Council President Lee requested a committee report.
Council member Warner stated that Bill No . 30-25 was heard in the Committee of the Whole and
comes to the Full Council with a favorable recommendation .
Councilmember Niezgodski moved for the passage of Bill No . 30-25 , which was seconded by
Council Vice President Tomas Morgan and carried by a vote of nine (9) ayes.
Council President Canneth Lee -Aye
Councilmember Ophelia Gooden-Rodgers -Aye
Councilmember Troy Warner -Aye
Councilmember Sheila Niezgodski -Aye
Councilmember Karen L. White -Aye
Council Vice President Rachel Tomas Morgan -Aye
Councilmember Sharon McBride-Aye
Councilmember Sherry Bolden-Simpson -Ay e
Councilmember Dr. Oliver Davis -Aye
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 1039
LINCOLN WAY WEST & 50 SHERMAN,
COUNCILMAN IC DISTRICT NO. l IN THE CITY
OF SOUTH BEND , INDIANA (SUBSTITUTE)
Council President Lee stated that Substitute Bill No . 39-25 is tabled until August 25, 2025 .
40-25 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 1527
SOUTH MICHIGAN STREET COUNCILMANIC
DISTRICT NO. 2 IN THE CITY OF SOUTH
BEND , INDIANA
Council President Lee stated that Bill No . 40-25 is tabled until August 25, 2025.
42-25 THIRD READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND , lNDlANA , AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED 740 N
BROOKFIELD ST COUNCILMANlC DISTRICT
NO . 2 IN THE CITY OF SOUTH BEND , INDIANA
Clerk Tirado read the Substitute bill to the Council for its third (3 rd ) reading .
After the third (3 rd ) reading, Council President Lee requested a committee report.
Councilmember Warner stated that Bill No . 42-25 was heard in the Committee of the Whole and
comes to the Full Council with a favorable recommendation.
Councilmember Bolden-Simpson moved for the passage of Substitute Bill No . 42-25 , which was
seconded by Councilmember Niezgodski and carried by a vote of nine (9) ayes.
Council President Canneth Lee -Aye Council Vice President Rachel Tomas Morgan -Aye
Councilmember Ophelia Gooden-Rodgers -Aye Council member Sharon McBride-Aye
8
REGULAR MEETING
Councilmember Troy Warner -Aye
Councilmember Sheila Niezgodski -Aye
Councilmember Karen L. White -Aye
43-25
July 28, 2025
Councilmember Sherry Bolden-Simpson -Aye
Councilmember Dr. Oliver Davis -Aye
THIRD READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND , INDIANA, AMENDING SECTION 2-210
OF THE MUNICIPAL CODE PERTAINING TO
FEES AND PROCESSES FOR PUBLIC
RECORDS REQUESTS
Council President Lee stated that Bill N o. 43-25 is tabled until August 11, 2025.
RESOLUTIONS
None
BILLS ON FIRST READING
BILL NO.
44-25 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 221 N
lRONWOOD DR CO UNCILMANIC DISTRICT
NO. 4 IN THE CITY OF SOUTH BEND , INDIANA
Clerk Tirado read the bill to the Council for its first ( I si) reading.
Counci l Pres ident Lee entert ained a motion to send Bill No. 44-25 to the Board of Zoning Appeals
for public hearing on August 4, 2025 , and to the Zoning and Annexation Committee for public
hearing and third (3rd) reading on August 11, 2025 .
Councilmember White moved to send Bill No . 44-25 to the Board of Zoning Appeals for public
hearing on August 4, 2025 , and to the Zoning and Annexation Committee for a public hearing and
third (3 rd ) reading on August 11, 2025 , which was seconded by Council memb er iezgo d sk i and
carried via a vote by voice.
45-25 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 , AND AMENDING
TH E ZONING ORDlNANCE FOR PROPERTY
LOCATED IN CLAY TOWNSHIP ,
CONTIGUO US THEREWITH; COUNCILMANIC
DISTRICT NO. 4 , FOR 54528 , 54550, 54570,
54606 , 54610, 54638 , 54650 WILLIS A VENUE ,
SOUTH BEND , INDIANA
Clerk Tirado read the bill to the Council for it s first ( I si) reading.
ouncil President Lee entertained a motion to send Bill No . 45-25 to the Zoning and Annexation
Committee for public hearing on September 22, 2025 , and to the Full Council for a third (3 rd)
reading on October 13, 2025.
Councilmember Bo ld e n-Si mpson moved to se nd Bill No. 45-25 to the Zoning and Annexation
Committee for public hearing on September 22, 2025 , and to the Full Council for a third (3 rd )
reading on October 13, 2025 , which was seconded by Counci lmember McBri d e and carried via a
vote by voice.
9
REGULAR MEETING
46-25
July 28, 2025
FIRST READING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA , AMENDING THE ZONING
ORDINAN C E FOR PROPERTY LOCATED 1432
SOUTH BEND A VE COUNCILMANIC
DISTRICT NO . 4 IN THE CITY OF SOUTH
BEND , INDIANA
Clerk Tirado read the bill to the Council for its first (I s t) reading.
Coun c il Pres id ent Lee entert ain ed a m o ti o n to send Bill N o. 46-25 to the South Bend Area Plan
Commission for public hearing on August 18, 2025 , and to the Zoning and Annexation Committee
for public hearing and third (3 rd ) reading on August 25, 2025 .
Councilmember Dr. Davis m oved to send Bill N o. 46-25 to the South Bend Area Plan Commission
for public hearing on August 18, 2025 , and to the Zoning and Annexation Committee for a public
hearing and third (3 rd ) reading on August 25, 2025 , which was seconded by Co un cil member
N iezgo d sk i and can-ied via a vote by voice .
47-25 FIRST R EADING ON AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND , INDIANA , AMENDING THE ZONING
ORDINANC E AND SEEKING A SPECIAL
EXCEPTION USE FOR PROPERTY LOCATED
431 DUNDEE ST , COUNCILMANIC DISTRICT
NO . 6 IN THE C ITY OF SOUTH BEND , INDIANA
Clerk Tirado read the bill to the Council for its first ( J5l) reading.
Coun c il P res id ent L ee e nte rt ain ed a moti o n to send Bill No . 47-25 to the South Bend Area Plan
Commission for public hearing on August 18 , 2025 , and to the Zoning and Annexation Committee
for public hearing and third (3 rd ) reading on August 25, 2025.
Councilmember Dr. Davis m oved to send Bill N o. 4 7-25 to the South Bend Area Plan Commission
for public hearing on August 18, 2025 , and to the Zoning and Annexation Committee for a public
hearing and third (3 rd ) reading on August 25, 20 2 5 , which was seconded by Coun ci lm ember
iezgo d sk i and can-ied via a vote by voice.
UNFINISHED BUSINESS
None
NEW BUSINESS
Councilmember Bolden-Simpson recogni zed Mary McAfee for establi s hing neighborhood
committees in the Fifth District (5 th ). Councilmember Bolden-Simpson recogni zed the Department
of Public Works regarding the alleys on Eckman Street.
Councilmember Dr. Davis recogni zed Frank Fotia as the new President of the Area Plan
Commission after Jason Piontek moved out of City limits .
Councilmember Bolden-Simpson announced that Di strict Five (5) will be hosting a neighborhood
spruce-up on August 23, 2025, at 09:00 A .M. near Monroe Primary School and invited all to
attend.
Council President Lee announced that the Far Norwest Neighborhood cleaned up Elmer Street,
Meade Street, Fremont Street, and Olive Street.
Councilmember McBride announced that she has hosted three (3) clean-ups in the Third (3 rd )
District.
PRIVILEGE OF THE FLOOR
Sue Kesim , 422 Kennedy Drive , South Bend , IN 46614 , spoke with concern s regarding
compliance.
10
REGULAR MEETING July 28, 2025
Council President Lee stated that the Council is in full compliane .
Deborah Bury, 1353 Catherwood Drive, South Bend, IN 46614 , spoke regarding nuisance
properties and neighborhood safety.
Councilmember White asked Deborah Bury to leave her contact information with the Clerk 's
Office.
Connie Retz loff, 1340 Catherwood Drive , South Bend, IN 46614, spoke regarding neighborhood
safety and concerns.
Kathleen Sheley , 1358 Catherwood Drive , South Bend , IN 46614 , spoke regarding neighborhood
safety and concerns .
Albert Howe, 1344 Catherwood Drive , South Bend , IN 46614 , spoke regarding neighborhood
safety and concerns.
Rodney Hagedorn , 2220 Highland Avenue , South Bend , IN 46613 , spoke regarding neighborhood
safety and concerns.
Kathleen Kershner , 538 Marquette Avenue , South Bend , IN 46617 , spoke regarding neighborhood
safety concerns.
Judith Hagedorn , 2220 Highland Avenue , South Bend , IN 46613 , spoke regarding neighborhood
safety and concerns.
Logan Foster, 1138 College Street, South Bend, IN 4662 8, spoke regarding the South Bend
Municipal Code and Council complaints.
Carlos Leyva , 448 South Olive Street , South Bend , IN 46619 , spoke regarding student
accomplishments in the South Bend Community School Corporation (SBCSC).
ADJOURNMENT
Council Pres ident Lee adjourned the meeting at 10 : 13 P .M .
11