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HomeMy WebLinkAbout09-14-2026 Council Meeting MinutesREPORT 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: 09-14-2026 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: SHER BOLDEN-SIMPSON qc!J:T:r~RG~~ APPROVED BY THE COMMON COUNCIL ON: 09-28-2026 ATTEST: REGULAR MEETING September 14, 2026 Be it remembered that the Common Council of the City of South Bend, Indiana, met in person on Monday, September 14th, 2026, at 7:00 P.M. Council President Canneth Lee called the meeting to order. The invocation was given by Pastor Jim Bayer of Gospel Center Missionary Church, and the Pledge to the Flag was given. Please note the attached link for the meeting recording: https:// docs.southbendin.gov/WebLink/Browse.aspx? dbid=0&repo=sbend&mediaid=413624 ROLL CALL COUNCILMEMBERS PRESENT Canneth Lee Ophelia Gooden-Rodgers Sharon L. McBride Dr. Heidi Beidinger Sherry Bolden-Simpson Sheila Niezgodski Dr. Oliver Davis Rachel Tomas Morgan Karen L. White COUNCILMEMBERS ABSENT None OTHERS PRESENT Bianca Tirado Jasmine Jackson Matthew Neal Lari' onna Green Veronica Pitt-Payne Bob Palmer 1st District, President 2nd District, Committee of the Whole 3rd District 4th District 5th District 6th District, Vice President At-Large At-Large At-Large City Clerk Chief Deputy City Clerk Deputy Director of Policy Communications and Marketing Specialist Director of Special Projects Council Attorney Members marked with an asterisk (*) are in virtual attendance via Microsoft Teams. SUB-COMMITTEE ON MINUTES: August 24, 2026 Council President Lee requested reports from the Sub-Committee on Minutes. City Clerk Bianca Tirado stated that the Sub-Committee on Minutes inspected the August 24, 2026, Common Council meeting minutes and recommend they be approved. Councilmember Sharon McBride moved to approve the August 24, 2026, Common Council meeting minutes, which was seconded by Councilmember Ophelia Gooden-Rodgers and carried via a vote by voice. SPECIAL BUSINESS None. REPORTS FROM CITY OFFICES Jenna Throw, City Attorney, with offices on the sixth (6th) floor of City Hall, South Bend, IN 46601, presented proposed amendments to the Community Police Review Board (CPRB) ordinance, which are scheduled to come before the Council in October. She stated that the amendments are intended to help the board achieve and sustain quorum by streamlining the initial orientation requirements, aligning the board's quorum and voting majority rules with state law, and allowing electronic participation to count toward attendance. The proposed amendments would also add definitions for key terms, clarify that At-Large Councilmembers may appoint a member from any councilmanic district when filling a vacancy, lower the annual attendance requirement from seventy-five percent (75%) to fifty-one percent (51 %), and allow considerations such as illness, caregiving, and bereavement before removing a member for non-attendance. A six (6)- REGULAR MEETING September 14, 2026 hour initial orientation would be required for new members to access protected infonnation or vote. There would be a continuing education requirement of sixteen (16) hours in the first twelve (12) months, and eight (8) hours annually thereafter. Ride-alongs, mediation training, and intercultural development inventory training would remain recommended but no longer required. Charles King III, Director of the Community Police Review Office, with offices at 202 South Michigan Street, South Bend, IN 46601 , added that the CPRB's membership in the National Association for Civilian Oversight of Law Enforcement (NACOLE) provides additional training opportunities for board members. Councilmember Dr. Oliver Davis asked how much training is required for police review board members in other municipalities. Director King replied that training requirements for similar boards in other cities vary, with some requiring preliminary training and some requiring no training at all. He expressed his belief in the value of training and said lowering the requirements would meet board members halfway. Councilmember Dr. Davis noted that the current training requirements are a significant time commitment for board members who serve on a volunteer basis. He stated that most the City's boards and commissions do not require prior training, citing his experience on the Transpo board as an example. He expressed support for the changes and noted his equity concerns with the current requirements. Council Vice President Sheila Niezgodski asked how the proposed training requirements compare to the current requirements and whether the Citizens Police Academy will still be available. Director King explained that the current ordinance language requires new board members to complete the nine (9)-week Citizens Police Academy before they can do a ride-along. He stated that the proposed change would allow the Citizens Police Academy to remain available and count toward the sixteen (16)-hour continuing education requirement, and new member orientation would be a condensed six ( 6)-hour version. Council Vice President Niezgodski asked Director King to clarify whether it will remam a requirement. Director King confirmed that under the proposed framework, the Citizens Police Academy would be optional rather than a prerequisite for board participation. Councilmember Sherry Bolden-Simpson expressed appreciation for the proposed changes, recalling a situation where a board member was unable to attend meetings due to extenuating personal circumstances but would have participated virtually if that option existed. She asked if Councilmembers are permitted to appoint someone outside of their district if there is already a resident from their district serving as an at-large appointee. Attorney Throw responded that district council members must appoint from within their districts. She explained that at-large council members, with the proposed amendments, may appoint a member from any district. Councilmember Bolden-Simpson noted that it is challenging to find volunteers who can meet the board commitments, and loosening the requirements may help. Councilmember McBride echoed Councilmember Bolden-Simpson's comments and spoke about a situation in her district where a member switched from a district seat to an at-large seat due to a vacancy. She explained that the restrictions have made it difficult to fill and maintain the position. Councilmember Gooden-Rodgers expressed the Council's commitment to making the board work. She acknowledged that serious family circumstances can make participation difficult. Council President Lee asked about recruiting new board members from a list of residents who have completed the Citizens Police Academy. Director King noted the restrictions on sharing residents' personal data between departments. He confinned that the South Bend Police Department (SBPD) is allowing him to share the application at academy sessions and encourage participants to apply. 2 REGULAR MEETING September 14, 2026 Councilmember Rachel Tomas Morgan asked whether the police department could directly invite Citizens Police Academy graduates from specific districts to apply. Director King said he will bring that suggestion forward. Council President Lee about the condensed six (6)-hour orientation for board members. Director King said this would be an intensive session covering what it means to serve on the board, how the police department operates, and core legal terminology. He said the training would be led by an officer from SBPD Internal Affairs and representatives from City Legal. RESOLVE INTO THE COMMITTEE OF THE WHOLE Councilmember Bolden-Simpson moved to resolve into the Committee of the Whole, which was seconded by Council Vice President Niezgodski and carried via a vote by voice. PUBLIC HEARINGS BILL NO. PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH ARTICLE 5 CONTAINING REGULATIONS TO IMPLEMENT A PERMIT PROGRAM FOR SHORT-TERM RENTALS (SUBSTITUTE) PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO IMPLEMENT A SPECIAL EXCEPTION FOR SHORT TERM RENTALS (SUBSTITUTE) Clerk Tirado read Substitute Bill No. 52-26 to the Council for its second (2nd) reading. After the second (2nd) reading, Councilmember Karen L. White stated that Substitute Bill No. 52- 26 went before the Community Investment Committee and comes with a favorable recommendation. Council Vice President Niezgodski moved to accept the substitute, which was seconded by Councilmember Bolden-Simpson and carried via a vote by voice. Attorney Throw introduced herself as the presenter. She asked to present Substitute Bill No. 52-, - 26 jointly with Substitute Bill No 53-26. Councilmember McBride moved to hear Substitute Bill Nos. 52-26 and 53-26 together. The motion was seconded by Council Vice President Niezgodski and carried via a vote by voice. Clerk Tirado read Substitute Bill No. 53-26 to the Council for its second (2 nd) reading. Councilmember Bolden-Simpson moved to accept the substitute, which was seconded by Councilmember Dr. Heidi Beidinger and carried via a vote by voice. Councilmember Dr. Davis stated that Substitute Bill No. 53-26 went before the Zoning and Annexation Committee and comes with a favorable recommendation. Attorney Throw began the presentation. She explained that the two (2) bills work together to provide a regulatory framework for short-term rentals (STRs) within the parameters of Indiana state law. She stated that Substitute Bill No. 52-26 establishes a City-wide permitting system for all STRs. This would require owners to provide emergency contact information, pay a one-hundred fifty-dollar ($150) permit fee, and renew annually at no cost. To be eligible for a permit, STR use 3 REGULAR MEETING September 14, 2026 must be established by owner-occupied, special exception, or legal non-confonning status. She stated that permits would be issued within thirty (30) days of application, and operating without a permit may result in a fine of up to five-hundred dollars ($500). All existing regulations in the fire code, building code, and property maintenance code would apply, and permits may be revoked after three (3) citations, with an opportunity for a hearing. Pennits may be reissued after revocation if a new permit fee is paid along with all outstanding fines. If a property changes ownership, the new owner must obtain a new pennit. Attorney Throw explained that Substitute Bill No. 53-26 establishes a special exception in the zoning code for newly established non-owner-occupied STRs only. Existing STRs operating at the time of the ordinance's effective date would be considered legal non-conforming and are not required to obtain a special exception, and owner-occupied STRs are excluded from the special exception requirement by state statute. She explained that the special exception runs with the land, not the owner, meaning a new owner would not need to reapply for it. Special exceptions would require a valid permit, and the property must meet four (4) established criteria: that the proposed use will not be injurious to public health, safety, comfort, or general welfare; will not adversely affect the use or property values of adjacent properties; is consistent with the character of the district; and is compatible with the City's comprehensive plan. She noted that state law prohibits using the special exception to prohibit or unreasonably restrict STRs. Both substitutes change the effective date of the ordinances to January 1, 2027. Council Vice President Niezgodski acknowledged the language of the state statute and asked what conditions can be placed on STR special exceptions. Attorney Throw explained that Council does not have to approve every special exception to avoid prohibiting or unreasonably restricting STRs. She noted there could be scenarios where the four ( 4) criteria are not met, for example, if a property has a series of violations that result in pennit revocation and abandonment of use. Council Vice President Niezgodski asked, aside from that scenano, if there are any other considerations that can be applied. Attorney Throw noted that the existing zoning framework allows for written commitments in some circumstances. Councilmember Dr. Davis expressed concern that the majority of STR problems have arisen from properties that are already operating, which will be grandfathered under the legal non-conforming status. He asked how the proposed ordinances will address existing problem properties. Attorney Throw said the two (2) ordinances work together: the pennit ordinance provides an enforcement mechanism through the three (3)-citation revocation process and gives the City emergency contact infonnation it did not previously have. The special exception gives the Council oversight when a new property is proposed for STR use, allowing them to evaluate whether that specific property meets the four ( 4) established criteria. Councilmember Dr. Davis raised concerns about coordination with neighboring jurisdictions, noting that if the City imposes regulations and Mishawaka and St. Joseph County do not, real tors may direct buyers toward those areas and further disadvantage properties in South Bend. Attorney Throw responded that the City is open to having those discussions with neighboring jurisdictions as the process moves forward. She said the zoning team is happy to work with any potential property owners navigating the process. Councilmember Dr. Davis acknowledged discussions about pausmg the special exception ordinance due to concerns from the real estate community. Councilmember Bolden-Simpson asked for confirmation that a buyer of a legal non-confonning property only needs to obtain a new pennit, not a special exception. Attorney Throw confirmed that is correct. She explained that legal non-confonning status runs with the land, not the owner, but every new owner would need to apply for a new permit. Councilmember Bolden-Simpson asked if permit violations are the only factor that could restrict STR use on these properties. 4 REGULAR MEETING September 14, 2026 Attorney Throw confirmed that is correct. She added that state law ensures that the permit renewal process is as easy as possible, and that the permit fee is paid once with annual renewals at no cost. Council President Lee asked who will have access to the emergency contact information. Attorney Throw said the information would be available across City departments, including SBPD. Council President Lee referenced a Committee discussion about providing the information to homeowners associations (HOAs). He said his understanding is that HOAs have the authority to establish their own rules for STRs. Attorney Throw confirmed that under state statute, HOAs retain the ability to prohibit STRs in their communities independent of the City's ordinances. Councilmember Tomas Morgan acknowledged public concerns about the special exception ordinance. She asked Attorney Throw to walk through the special exception process to help improve public understanding. Attorney Throw explained that a property owner would file a special exception application with the Zoning Department, either before or after purchasing a property, since the exception runs with the land. The zoning team reviews the application against the four (4) established criteria and prepares a written recommendation to the Board of Zoning Appeals (BZA). The BZA holds a public hearing and issues a recommendation to the Council, and Council hears the bill at a subsequent meeting. She noted that both BZA and the Council review special exceptions regularly, and the zoning team is efficient with their part of the process. She addressed concerns from the Committee meeting, clarifying that BZA does not consider any information that is unrelated to the proposed use of that specific parcel. Councilmember Tomas Morgan stated that the City will provide public-facing materials to help residents understand the process, and the zoning team is willing to meet with residents. Attorney Throw added that the effective date of January 1, 2027, allows time to prepare and educate residents. Councilmember Gooden-Rodgers opened the public hearing for Substitute Bill No. 52-26. Barbara Brownell, 1407 Sunnymede Avenue, South Bend, IN 46615, spoke in favor of the bill. She acknowledged the limitations of state law but encouraged the Council to do everything within its authority to enact regulations. She said she has no objection to locals renting rooms, but objects to out-of-state owners operating businesses in residential neighborhoods. She emphasized the importance of stable neighborhood communities in reducing crime. Paul Sniadecki, 702 South Twyckenham Drive, South Bend, IN 46615, spoke in favor of the bill. He stated that the City needs to preserve its neighborhoods. He asked if the emergency contact list could be made more broadly available, and he asked how ordinance violations documented by the police would be communicated to the code enforcement team. He encouraged Council to pass the bill and clarify these enforcement logistics before the ordinance takes effect. Mary Ellen O'Connell, 129 West North Shore Drive, South Bend, IN 46617, spoke in favor of the bill. She echoed the comments of previous speakers and said it is a minimal but necessary starting point. She encouraged the Council not to delay any further. She spoke about the impact of STRs on the character of residential neighborhoods around Notre Dame. She expressed hope that the regulations will be strengthened in a future amendment to the bill. Councilmember Gooden-Rodgers closed the public hearing for Substitute Bill No. 52-26. Councilmember Gooden-Rodgers opened the public hearing for Substitute Bill No. 53-26. Matt Barrett, 110 South Niles Avenue, South Bend, IN 46617, spoke in favor of the bill. He described it as a very reasonable attempt to regulate within the boundaries of state law. He acknowledged opposition from real estate organizations and said this indicates they do not trust the Council to apply the criteria fairly, as required by law. He said all regulation has its costs, but there is an overall community benefit to regulating STRs. 5 REGULAR MEETING September 14, 2026 Tammy McNally, 1404 Sunnymede Avenue, South Bend, IN 46615, spoke in favor of the bill. She asked how the City might improve and strengthen it upon passage and expressed concern about implementation and enforcement. She asked the Council to look at ways to reduce the number of grandfathered properties over time. Mary Ellen O'Connell, 129 West North Shore Drive, South Bend, IN 46617, spoke in favor of the bill. She said the interests of the real estate industry should not be treated any differently than anyone else with a zoning request. She said the bill would help protect neighborhoods and echoed comments about strengthening the ordinance in the future. Meghann Redding, South Bend Area Realtors, 1357 Northside Boulevard, South Bend, IN 46615, spoke against the bill. She said they are requesting a pause, noting that the organization first (1 st) learned of the proposed bills through the media on July 10th and met with the Mayor's Office ofor a discussion on August 28th . She said they came out of this with more questions than answers. She stated that they are the experts in real estate, and they just want a discussion. John De Souza, President of Cressy & Everett Real Estate, 1234 Oak Ridge Drive, South Bend, IN 4661 7, spoke against the bill, also requesting a pause. He said the special exception criteria are broad, and residents who oppose STRs may come forward to speak against every request. He expressed concern about the difficult position this places on the Council. He added that real estate agents would be required to disclose to buyers that properties within City limits carry a layer of STR-related restriction that does not exist in neighboring communities. Maggie McShane, Indiana Association of Realtors, 5923 Washington Boulevard, Indianapolis, IN 46220, spoke against the bill. She said they are requesting a thirty (30) day pause to work through implementation concerns. She said they have questions about how existing STRs will be grandfathered in, including any cutoff dates or criteria for establishing prior use as an STR. She said they have used the City's housing policy as a model for other communities, and they want this policy to be just as strong. John Tia, 910 Twyckenham Drive, South Bend, IN 46615, spoke against the bill. He said the City should focus on enforcing its existing ordinances consistently. He asked for greater clarity on what constitutes a citation and said the emergency contact list should be protected rather than publicly accessible. Councilmember Gooden-Rodgers closed the public hearing for Substitute Bill No. 53-26. Attorney Throw responded to public comments. She clarified that citations are issued for violations of existing laws and ordinances, including nuisance and noise ordinances. She confirmed that special exceptions will not be used as a way to ban or restrict STRs, per state statute. She noted that legal non-conforming status is a standard element of all zoning regulation that the City cannot change. She reiterated that existing STRs would still be required to obtain a permit and to reapply upon any change of ownership. She said the extension of the ordinance's effective date to January 1, 2027 provides time for questions to be addressed. She noted that she is not available on September 28 th, and delaying a vote would push any action out until at least October. She added that most of the objections seem to arise from the nature of the special exception process itself, and a pausing the vote cannot resolve these objections. She respectfully requested the Council's support on both bills. Councilmember McBride moved to send Substitute Bill No. 52-26 to the Full Council with a favorable recommendation, which was seconded by Councilmember Bolden-Simpson and carried by a vote of nine (9) ayes. Council President Canneth Lee -Aye Council Vice President Sheila Niezgodski -Aye Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Sharon McBride -Aye Councilmember Dr. Heidi Beidinger -Aye Councilmember Sherry Bolden-Simpson -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Dr. Oliver Davis -Aye Councilmember Karen L. White -Aye Councilmember Gooden-Rodgers asked if there is any further discussion on Substitute Bill No. 53-26. 6 REGULAR MEETING September 14, 2026 Council Vice President Niezgodski asked for confirmation that, if the bill passes, this would not prevent the City from continuing to work with the real estate community to address their concerns. Attorney Throw confirmed that is correct. She reiterated that the ordinance would not take effect until January 1, 2027, and said she is happy to answer any other clarifying questions. She noted that the nature of the special exception process itself will not change, but if a pause is being requested so that conversations can continue, these conversations can still happen after the vote. Councilmember Tomas Morgan thanked the public for their participation. She stated that both BZA and the Council adhere to a set of standards in their decision making, and it is their job to make difficult decisions. She expressed confidence in the Council's ability to apply the special exception criteria fairly and said she has been working for several years on STR guardrails at the request of residents. She expressed support for the bill's passage and committed to continue hearing and addressing concerns. Councilmember McBride said residents in her district have raised STR concerns, and she is committed to both neighborhood quality of life and to the real estate community. She said she is pleased that the administration will continue to work with realtors and encouraged continued dialogue. Councilmember Bolden-Simpson thanked everyone who shared their perspective and stated that each point of view is taken seriously. She asked Attorney Throw to have follow-up conversations clarifying what evidence property owners will need to provide to establish legal non-conforming status. She stated that the Council can protect neighborhoods while still welcoming development and business. She said she will vote in favor of both bills while committing to continued conversations to improve them. Councilmember Dr. Beidinger spoke about hosting a town hall on the issue with over seventy-five (7 5) residents in attendance. She thanked Attorney Throw for providing detailed explanations throughout the process. She stated that she is firmly committed to monitoring implementation on a quarterly basis, and she expressed her support for both bills. Councilmember White said a city cannot be great without great neighborhoods, and the Council has a responsibility to listen to residents. She encouraged a periodic review of the ordinance to evaluate what is working. She thanked the public and Attorney Throw for their engagement in the discussion. Council President Lee thanked Attorney Throw and the real estate community for their participation. He said the January 1, 2027, effective date was chosen specifically to allow time for further dialogue and implementation planning. He noted that one-thousand-three-hundred (1,300) grandfathered properties represent an opportunity for buyers, and existing STR status may add value to a property. He committed to making the ordinance the best it can be. Councilmember Dr. Davis asked if Council could be given an update on November 9th regarding the ongoing conversations with stakeholders. He suggested implementing a registration deadline for existing STR operators to retain their legal non-conforming status. Councilmember Dr. Davis moved to send Substitute Bill No. 53-26 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 Canneth Lee -Aye Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Dr. Heidi Beidinger -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Karen L. White -Aye 55-26 7 Council Vice President Sheila Niezgodski -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 REGULAR MEETING September 14, 2026 PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1245 CORBY BOULEVARD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Clerk Tirado read the bill to the Council for its second (2nd) reading. After the second (2nd) reading, Councilmember Dr. Davis stated that Bill No. 55-26 went before the Zoning and Annexation Committee and comes with a favorable recommendation. Tim Staub, Zoning Specialist, with offices on the fifth (5 th) floor of City Hall, South Bend, IN 46601, presented the bill. He said the petitioner is requesting a special exception to allow a two (2)-unit side-by-side dwelling on this parcel. The petitioner intends to demolish the existing one (1 )-unit dwelling, which was built in 1920. He stated that the petition is consistent with the City's comprehensive plan and with the 2022 Northeast Neighborhood plan, which calls for a mixture of densities in the Five (5) Comers area. Elissa Gunsorek, Petitioner, 7821 Morse Road, New Albany, OH 43054, introduced herself and said she is available to answer any questions. Councilmember Gooden-Rodgers held the public hearing, and nobody spoke. Councilmember Bolden-Simpson expressed concern about the petitioner's plan to demolish the existing dwelling. She recommended the book There is No Place.for Us: Working and Homeless in America, by Brian Goldstone. She acknowledged the importance of progress while encouraging mindfulness around maintaining accessible options for first (1 st)-time home buyers. Councilmember Tomas Morgan echoed the concern about demolishing smaller starter homes, noting that these homes add needed variety to the City's housing stock. On the other hand, she acknowledged that it would add a second (2 nd) housing unit on a single lot. Elissa Gunsorek acknowledged the concern. She noted that the house was built in 1920 and explained that structural issues and sewer problems can complicate the rehabilitation of older homes. She said the quality of the home is taken into consideration during redevelopment projects. Councilmember Tomas Morgan expressed understanding of the different factors involved, noting that maintaining her own one-hundred-four (104) year old home is an investment she has chosen to make. She said these are the kind of things the Council must consider when making difficult decisions. Councilmember Bolden-Simpson asked if this is market-rate housing. Elissa Gunsorek confirmed that is correct. Councilmember McBride moved to send Bill No. 55-26 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 Canneth Lee -Aye Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Dr. Heidi Beidinger -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Karen L. White -Aye 8 Council Vice President Sheila Niezgodski -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 1246 HOWARD STREET COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING September 14, 2026 Clerk Tirado read the bill to the Council for its second (2nd) reading. After the second (2nd) reading, Councilmember Dr. Davis stated that Bill No . 56-26 went before the Zoning and Annexation Committee and comes with no recommendation. He noted that the petitioner was not present and asked Council Attorney Bob Palmer how to proceed. Attorney Palmer stated that the Council 's practice has been to table bills when the petitioner is not present. Council President Lee expressed concern about adding another bill to the next meeting's agenda. Clerk Tirado stated that all of the upcoming meetings will have lengthy agendas. Councilmember Dr. Davis moved to table Bill No . 56-26 until the September 28th meeting. The motion was seconded by Councilmember Bolden-Simpson and carried by a vote of nine (9) ayes. Council President Canneth Lee -Aye Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Dr. Heidi Beidinger -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Karen L. White -Aye 57-26 Council Vice President Sheila Niezgodski -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 LOT 17 AS SHOWN ON THE NORTH SUNNYSIDE SECOND ADDITION RECORDED PLAT COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Clerk Tirado read the bill to the Council for its second (2nd) reading. After the second (2nd) reading, Councilmember Dr. Davis stated that Bill No. 57-26 went before the Zoning and Annexation Committee and comes with a favorable recommendation. Tim Staub presented the bill. He stated that the petitioner is seeking a special exception to allow a two (2)-unit dwelling on a vacant lot located behind an existing parcel on Bissell Street. He explained that the property was formerly used as part of the adjacent owner's backyard and has been legally split into a developable lot. He stated that the petition is consistent with the City's comprehensive plan and the 2022 Northeast Neighborhood plan. He noted that it would diversify the housing stock while maintaining low density in the area. Terry Lang, Project Manager at Wightman, 1402 Mishawaka Avenue, South Bend, IN 46615, spoke on behalf of the petitioner. He stated that the original lot owner no longer wished to maintain the double lot and sold the parcel to a buyer who intends to build a duplex. He said the proposed duplex will comply with all City standards. Councilmember Gooden-Rodgers held the public hearing, and nobody spoke. Councilmember McBride moved to send Bill No . 57-26 to the Full Council with a favorable recommendation, which was seconded by Councilmember Dr. Beidinger and carried by a vote of nine (9) ayes. Council President Canneth Lee -Aye Council Vice President Sheila Niezgodski -Aye Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Sharon McBride -Aye Councilmember Dr. Heidi Beidinger -Aye Councilmember Sherry Bolden-Simpson -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Dr. Oliver Davis -Ay e Councilmember Karen L. White -Aye RISE AND REPORT 9 REGULAR MEETING September 14, 2026 Councilmember Bolden-Simpson moved to rise from the Committee of the Whole and report back to the Full Council, which was seconded by Councilmember Dr. Davis and carried via a vote by v01ce. 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 (3rd) reading and action is taken regarding bills that were heard during the Committee of the Whole. BILLS ON THE THIRD READING BILL NO. 52-26 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH ARTICLE 5 CONTAINING REGULATIONS TO IMPLEMENT A PERMIT PROGRAM FOR SHORT-TERM RENTALS (SUBSTITUTE) Clerk Tirado read the bill to the Council for its third (3 rd) reading. After the third (3 rd) reading, Council President Lee requested a committee report. Councilmember Gooden-Rodgers stated that Substitute Bill No. 52-26 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember McBride moved for the passage of Substitute Bill No. 52-26, which was seconded by Councilmember White and carried by a vote of nine (9) ayes. Council President Canneth Lee -Aye Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Dr. Heidi Beidinger -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Karen L. White -Aye 53-26 Council Vice President Sheila Niezgodski -Aye Councilmember Sharon McBride -Aye 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 CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO IMPLEMENT A SPECIAL EXCEPTION FOR SHORT TERM RENTALS (SUBSTITUTE) Clerk Tirado read the bill to the Council for its third (3 rd) reading. After the third (3 rd) reading, Council President Lee requested a committee report. Councilmember Gooden-Rodgers stated that Substitute Bill No. 53-26 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember Tomas Morgan moved for the passage of Substitute Bill No. 53-26, which was seconded by Councilmember Dr. Beidinger and carried by a vote of nine (9) ayes. Council President Canneth Lee -Aye Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Dr. Heidi Beidinger -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Karen L. White -Aye 10 Council Vice President Sheila Niezgodski -Aye Councilmember Sharon McBride -Aye Councilmember Sherry Bolden-Simpson -Aye Councilmember Dr. Oliver Davis -Aye THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH REGULAR MEETING September 14, 2026 BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1245 CORBY BOULEY ARD COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Clerk Tirado read the bill to the Council for its third (3rd) reading. After the third (3 rd) reading, Council President Lee requested a committee report. Councilmember Gooden-Rodgers stated that Bill No. 55-26 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember Gooden-Rodgers moved for the passage of Bill No. 55-26, which was seconded by Councilmember Bolden-Simpson and carried by a vote of nine (9) ayes. Council President Canneth Lee -Aye Council Vice President Sheila Niezgodski -Aye >-----Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Sharon McBride -Aye >-----Councilmember Dr. Heidi Beidinger -Aye Councilmember Sherry Bolden-Simpson -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Dr. Oliver Davis -Aye t-----Councilmember Karen L. White -Aye 57-26 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 LOT 17 AS SHOWN ON THE NORTH SUNNYSIDE SECOND ADDITION RECORDED PLAT COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA Clerk Tirado read the bill to the Council for its third (3rd) reading. After the third (3 rd) reading, Council President Lee requested a committee report. Councilmember Gooden-Rodgers stated that Bill No. 57-26 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Councilmember Gooden-Rodgers moved for the passage of Bill No . 57-26, which was seconded by Council Vice President Niezgodski and carried by a vote of nine (9) ayes. Council President Canneth Lee -Aye Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Dr. Heidi Beidinger -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Karen L. White -Aye RESOLUTIONS BILL NO. Clerk Tirado read the bill to the Council. 11 Council Vice President Sheila Niezgodski -Aye Councilmember Sharon McBride -Aye Councilmember Sherry Bolden-Simpson -Aye Councilmember Dr. Oliver Davis -Aye A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL / JUNK DEALERS / RECYCLING OPERA TIO NS LICENSES FOR CALENDAR YEAR 2026 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE. REGULAR MEETING September 14, 2026 After the reading, Councilmember White stated that Bill No. 26-30 went before the Community Investment Committee and comes to the Full Council with a favorable recommendation. Michelle Adams, Business License Administrator, with offices on the fifth ( 5th) floor of City Hall, South Bend, IN 46601, presented the bill. She explained the multi-department review process for scrap metal license applications, which involves SBPD, the South Bend Fire Department, Neighborhood Resources, zoning staff, and a project manager from the Department of Community Investment. She requested approval of a new license for South Bend Metal Recyclers, which passed their multi-departmental review. She noted that the facility is located on the same property as Alternative Two (2), which remains subject to a court order for hazardous tire waste, but that the Indiana Department of Environmental Management (IDEM) has no objection to issuing a separate license to South Bend Metal Recyclers as a distinct business. She also requested approval of contingent licenses for Alternative Two (2), which must continue removing tires per the court order and not accept tires from the public, and for Republic Services, whose outstanding sprinkler repairs are expected to be completed within three (3) weeks. She requested approval of interim licenses without contingency for Big Bulldog Auto Parts and LKQ Pick Your Part Midwest. She explained that neither business was previously registered with Leads Online, but both are now in compliance. Big Bulldog Auto Parts is no longer required to register since it is no longer purchasing scrap metal from the public and will only sell through existing inventory. LKQ registered upon being infonned of the requirement. She noted that all licenses expire January 31, 2027, and all businesses will go through the full review process again upon renewal. Councilmember Dr. Davis expressed appreciation that the businesses have been made aware of renewal requirements with sufficient notice to come into full compliance before January. Councilmember Gooden-Rodgers said she hopes staff will communicate to these businesses that the Council would like to see them remain in compliance year-round, not just at renewal time. She asked how often these businesses are inspected. Michelle Adams replied that inspections are typically completed annually, but there have been more inspections this year. Councilmember Gooden-Rodgers stated that she will not automatically vote to approve future renewals if compliance is not maintained. Council President Lee held the public hearing, and nobody spoke. Councilmember Dr. Davis moved for the passage of Bill No. 26-30, which was seconded by Councilmember McBride and carried by a vote of nine (9) ayes. Council President Canneth Lee -Aye Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Dr. Heidi Beidinger -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Karen L. White-Aye BILLS ON THE FIRST READING BILL NO. Council Vice President Sheila Niezgodski -Aye Councilmember Sharon McBride -Aye Councilmember Sherry Bolden-Simpson -Aye Councilmember Dr. Oliver Davis -Aye FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 227 COLLEGE STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Clerk Tirado read the bill to the Council for its first (1 st) reading. Council President Lee entertained a motion to send Bill No. 59-26 to the Plan Commission for public hearing on September 21, 2026, and to the Zoning and Annexation Committee for public hearing and third (3 rd) reading on September 28, 2026. 12 REGULAR MEETING September 14, 2026 Councilmember Gooden-Rodgers moved to send Bill No. 59-26 to the Plan Commission for public hearing on September 21, 2026, and to the Zoning and Annexation Committee for public hearing and third (3 rd) reading on September 28, 2026. The motion was seconded by Councilmember McBride and carried via a vote by voice. FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERA TIO NS FOR THE YEAR 2026 OF $1,400,000 FROM THE GENERAL FUND (#101), $71,425 FROM THE PARKS AND RECREATION FUND (#201), $50,000 FROM STUDEBBAKER- OLIVER REVITALIZING GRANTS FUND (#209), $100,000 FROM THE DEPARTMENT OF COMMUNITY INVESTMENT OPERATING FUND (#211 ), $427,000 FROM THE LOSS RECOVERY FUND (#227), $15,000 FROM THE CODE ENFORCEMENT FUND (#230), $1,020,600 FROM THE AMERICAN RESCUE PLAN FUND (#263), $12,390,600 FROM THE LOCAL INCOME TAX -ECONOMIC DEVELOPMENT FUND (#408), $1,807,632 FROM THE CONSOLIDATED BUILDING FUND (#600), $510,000 FROM THE PARKING GARAGES FUND (#601), $48,934 FROM THE SEW AGE WORKS OPERA TIO NS FUND (#641), $3,000,000 FROM THE SEWAGE WORKS CAPITAL FUND (#642), $1,160,000 FROM THE PARENTAL LEAVE FUND (#714) Clerk Tirado read the bill to the Council for its first (1 st) reading. Council President Lee entertained a motion to send Bill No. 60-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on September 28, 2026. Council Vice President Niezgodski moved to send Bill No. 60-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on September 28, 2026, which was seconded by Councilmember Gooden-Rodgers and carried via a vote by voice. 61-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR2026 Clerk Tirado read the bill to the Council for its first (1 st) reading. Council President Lee entertained a motion to send Bill No. 61-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on September 28, 2026. Council Vice President Niezgodski moved to send Bill No. 61-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on September 28, 2026, which was seconded by Councilmember Tomas Morgan and carried via a vote by voice. 62-26 13 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3501 BLACKTHORN COURT COUNCILMANIC REGULAR MEETING September 14, 2026 DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Clerk Tirado read the bill to the Council for i.ts first (1 st) reading. Council President Lee entertained a motion to send Bill No . 62-26 to the Plan Commission for public hearing on September 21, 2026, to the Zoning and Annexation Committee for public hearing and third (3 rd) reading on September 28, 2026. Councilmember Gooden-Rodgers moved to send Bill No. 62-26 to the Plan Commission for public hearing on September 21, 2026, to the Zoning and Annexation Committee for public hearing and third (3 rd) reading on September 28, 2026. The motion was seconded by Council Vice President Niezgodski and carried via a vote by voice. 63-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 0 NORTH KALEY STREET COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA Clerk Tirado read the bill to the Council for its first (1 st) reading. Council President Lee entertained a motion to send Bill No. 63-26 to the Plan Commission for public hearing on September 21, 2026, to the Zoning and Annexation Committee for public hearing and third (3 rd) reading on September 28, 2026. Council Vice President Niezgodski moved to send Bill No. 63-26 to the Plan Commission for public hearing on September 21, 2026, to the Zoning and Annexation Committee for public hearing and third (3 rd) reading on September 28, 2026. The motion was seconded by Councilmember Gooden-Rodgers and carried via a vote by voice. FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING DIVISION 2 OF ARTICLE 1, CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING THE COMMUNITY POLICE REVIEW BOARD AND THE COMMUNITY POLICE REVIEW OFFICE Clerk Tirado read the bill to the Council for its first (1 st) reading. Council President Lee entertained a motion to send Bill No . 64-26 to the Community Relations Committee for public hearing and third (3 rd) reading on October 12, 2026. Council Vice President Niezgodski moved to send Bill No. 64-26 to the Community Relations Committee for public hearing and third (3 rd) reading on October 12, 2026, which was seconded by Councilmember Dr. Beidinger and carried via a vote by voice. 65-26 14 FIRST 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 , 2027, AND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRA YING THE EXPENSES OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2027 AND ENDING DECEMBER 31 , 2027, INCLUDING REGULAR MEETING September 14, 2026 ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Clerk Tirado read the bill to the Council for its first (1 st) reading. Council President Lee entertained a motion to send Bill No. 65-26 to the Personnel and Finance Committee for public hearing and second (2nd) reading on September 28, 2026, and to the Full Council for third (3 rd) reading on October 12, 2026. Councilmember Tomas Morgan moved to send Bill No. 65-26 to the Personnel and Finance Committee for public hearing and second (2nd) reading on September 28, 2026, and to the Full Council for third (3 rd) reading on October 12, 2026. The motion was seconded by Council Vice President Niezgodski and carried via a vote by voice. 66-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 11233-25, WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2026, TO INCREASE SALARIES OF CERTAIN POSITIONS IN THE OFFICE OF DIVERSITY AND INCLUSION AND UPDATE OMITTED POSITIONS IN THE DEPARTMENT OF INNOVATION & TECHNOLOGY Clerk Tirado read the bill to the Council for its first (1 st) reading. Council President Lee entertained a motion to send Bill No. 66-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on September 28, 2026. Council Vice President Niezgodski moved to send Bill No. 66-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on September 28, 2026, which was seconded by Councilmember Tomas Morgan and carried via a vote by voice. FIRST 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 2027 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 , 2027 Clerk Tirado read the bill to the Council for its first (1 st) reading. Council President Lee entertained a motion to send Bill No. 68-26 to the Personnel and Finance Committee for public hearing and second (2 nd) reading on September 28, 2026, and to the Full Council for third (3 rd) reading on October 12, 2026. Council Vice President Niezgodski moved to send Bill No . 68-26 to the Personnel and Finance Committee for public hearing and second (2 nd) reading on September 28, 2026, and to the Full Council for third (3 rd) reading on October 12, 2026. The motion was seconded by Councilmember Bolden-Simpson and carried via a vote by voice. 15 REGULAR MEETING September 14, 2026 UNFINISHED BUSINESS Councilmember Dr. Davis noted that Bill No. 67-26, which he co-sponsored with Councilmember Bolden-Simpson, was not placed on this meeting's agenda. He explained that Attorney Palmer made him aware of fonnatting errors, corrected the bill, and filed the bill before the deadline. Attorney Palmer confinned that is correct. Councilmember Dr. Davis said he is unavailable for the proposed caucus to discuss the bill further. He asked that the bill be placed on the agenda for first (1 st) reading at the next meeting on September 28 th. Council President Lee said the bill was withheld due to issues with the original version. He stated that the Council President has the authority to decide what goes on the agenda, and he wanted to hold a caucus to discuss the bill further prior to its first (1 st) reading. Councilmember Dr. Davis reiterated that he is unavailable for the proposed caucus. He said he is not aware of any statues that require a caucus before a duly filed bill can be placed on the agenda. He said he is asking for fairness. Attorney Palmer confirmed that there is no statute or rule in the Council's standard operating procedures that mandates a caucus. Council President Lee said he wanted to give Councilmember Dr. Davis an opportunity to clarify any issues and discuss the bill with Councilmembers before bringing it forward. Councilmember Dr. Davis said he has nothing further to add, since the issues were addressed in the corrected filing. He said he will not be at the caucus. NEW BUSINESS Councilmember McBride announced three (3) upcoming events in the Third (3 rd) District: an event for seniors at One (1) Roof on Wednesday, September 30th at 11 :00 A.M., the Mayor's Vibrant Neighborhood Initiative Cleanup on Friday, October 2nd, and an IUSB scholarship art sale on October 28 th at 11 :00 A.M. PRIVILEGE OF THE FLOOR Council President Lee opened privilege of the floor. Gary May, 501 Alonzo Watson Drive, South Bend, IN 46601, spoke about living conditions in the Westcott Apartments. He expressed concern regarding the way the Housing Authority of South Bend's Executive Director, Marsha Parham Green, has responded to resident complaints. Sue Kesim, 4022 Kennedy Drive, South Bend, IN 46614, stated that she has not received a response to prior inquiries about missing financial reports in the City's public drive. She requested that an injunction be placed on budget hearings until the records are restored. Council President Lee closed privilege of the floor. ADJOURNMENT Council President Lee adjourne~ the meeting at 10:05 P.M. 16