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HomeMy WebLinkAbout09-28-2026 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: 09-28-2026 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE, WE RECOMMEND THE SAME BE APPROVED: APPROVED BY THE COMMON COUNCIL ON: 10-12-2026 ATTEST: REGULAR MEETING September 28, 2026 Be it remembered that the Common Council of the City of South Bend, Indiana, met in person on Monday, September 28th, 2026, at 7:00 P.M. Council President Canneth Lee called the meeting to order. The invocation was given by Fr. Steve Jakubowski of Saint Adalbert Parish, and the Pledge to the Flag was given. Please note the attached link for the meeting recording: https:/ I docs.southbendin.gov /WebLink/Browse.aspx? dbid=0&repo=sbend&mediaid=414286 (Part 1) https:/ I docs.southbendin.gov/WebLink/Browse.aspx? dbid=0&repo=sbend&mediaid=4 l 4287 (Part 2) 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: September 14, 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 September 14, 2026, Common Council meeting minutes and recommend they be approved. Councilmember Dr. Oliver Davis moved to approve the September 14, 2026, Common Council meeting minutes, which was seconded by Councilmember Ophelia Gooden-Rodgers and carried via a vote by voice. SPECIAL BUSINESS Council President Lee presented a Special Resolution Expressing Appreciation and Recognition for the Community Leadership and Service of Interfaith Christian Union Ministries, 89.7 FM WUBS, Reverend Sylvester Williams, and Shane Williams. He recognized WUBS 89.7 FM as the first (1 st) Black-owned and operated twenty-four (24)-hour gospel radio station in the City of South Bend. He said the station has consistently served the community for more than three (3) decades, mobilizing resources in crisis situations including the recent prolonged power outage in Gary, Indiana. He spoke about his experience working at the radio station and being mentored by Reverend Williams during his teenage years. Shane Williams, Interfaith Christian Union Ministries/WUBS, 702 Lincoln Way West, South Bend, IN 46616, accepted the recognition on behalf of the entire community. He recognized REGULAR MEETING September 28, 2026 community members for coming together to provide assistance in Gary, Indiana, in addition to previous natural disaster relief efforts in Houston, Virginia, and Haiti. Reverend Sylvester Williams, Interfaith Christian Union Ministries/WUBS, 702 Lincoln Way West, South Bend, IN 46616, thanked Council for the recognition and acknowledged the station's long history of providing storm relief. He encouraged Councilmembers to visit the station to view their new mural. He reflected on the mural's meaning. Council President Lee invited Councilmembers to share comments. Councilmember Sharon McBride expressed support and gratitude for the ministry. She spoke about their ongoing work in the community, including their relief efforts during Hurricane Katrina. Councilmember Karen L. White recognized the honorees for bringing their ministry beyond their walls. She acknowledged Shane Williams for helping her with a recent community event. Councilmember Rachel Tomas Morgan described the ministry as a pillar in the near west side and expressed gratitude for their work. Council Vice President Sheila Niezgodski expressed appreciation for their work, both within the community and outside of the community. Councilmember Gooden-Rodgers commended the honorees and expressed appreciation that the station is in the Second (2nd) District. Councilmember Dr. Heidi Beidinger congratulated the honorees, expressed support for the station, and spoke highly of their new mural. Councilmember Sherry Bolden-Simpson commended the ministry for their prayer and work. She shared that Shane Williams has done outreach at Rise Up Academy and expressed gratitude. Councilmember Dr. Davis expressed support for the ministry and praise for the honorees. He thanked Reverend Sylvester Williams for officiating his wedding. Council Vice President Niezgodski presented a Special Resolution Recognizing Hispanic Heritage Month. She highlighted the contributions of the Hispanic and Latino community in the City of South Bend as small business owners, educators, students, and civic volunteers. She recognized La Casa de Amistad, Radio Sabor Latino, and the Latin American Chamber of Commerce for their work promoting the economic and social advancement of the Hispanic and Latino community. She noted that Paula Sours from the Latin American Chamber of Commerce could not be present tonight, but she invited honorees from La Casa de Amistad and Radio Sabor Latino to share some remarks. Juan Constantino, Executive Director of La Casa de Amistad, 3423 South Michigan Street, South Bend, IN 46614, accepted the recognition on behalf of the organization. He emphasized its significance in light of anti-immigrant policies at the state and federal levels, and he expressed gratitude that the Hispanic and Latino community continues to be celebrated, welcomed, and affinned as belonging in the City of South Bend. Felix Marquez-Snyder, Radio Sabor Latino, 300 West Jefferson Boulevard, South Bend, IN 46601 , thanked Council for the recognition. He said Radio Sabor Latino has been educating, entertaining, and providing scholarships for nearly twenty-five (25) years, and he himself was 1 a scholarship recipient fifteen (15) years ago . He said the Hispanic and Latino community came to work and make this country a better place, and it is important for them to know they are wanted here. Councilmember Dr. Davis acknowledged the fear in the community around Immigration and Customs Enforcement (ICE). He emphasized the need for support from all levels of government. Councilmember Bolden-Simpson recognized the beauty of the City's diversity, comparing it to a colorful flower garden. She expressed support for the Hispanic and Latino community. Councilmember Dr. Beidinger expressed support for the work of La Casa de Amistad. She spoke about the importance of voting in order to affect change at the state and federal level. 2 REGULAR MEETING September 28, 2026 Councilmember Gooden-Rodgers noted that Western Avenue is partially within the Second (2nd) District, and she expressed support for the Hispanic and Latino-owned businesses. Councilmember Tomas Morgan stated that she stands in solidarity with immigrant communities as an immigrant herself. She expressed support for this month of celebration. Councilmember McBride acknowledged not only the challenges faced but also the courage, resilience, and strength of the City's Hispanic and Latino community. Councilmember White spoke about the importance of lifting each other up and standing together in the face of fear. She recognized Felix Marquez-Snyder as her former student at IUSB. Council President Lee thanked Juan Constantino and Felix Marquez-Snyder for their investment in the community and expressed pride for their accomplishments. REPORTS FROM CITY OFFICES Council President Lee Carl Hetler, Coordinator of Homeless Outreach, with offices on the fifth (5 th) floor of City Hall, South Bend, IN 46601 , provided an update on the City's homeless outreach work. He described four (4) main areas of focus: housing, substance use, mental health, and physical health. He reported that in the past month, the Oaklawn city outreach team had two-hundred-seventy-one (271) contacts, signed up thirty-two (3 2) people for permanent supportive housing, and transported two (2) individuals to detox. He shared a case example of an individual who was living in their car due to poor conditions in their apartment; the outreach team contacted the property manager, arranged for repairs, and connected the individual with mental health services at Oaklawn. He also highlighted the street medicine program led by Dr. Kate Callaghan of Beacon Memorial Hospital and shared the story of a life-saving encounter she had with a patient. He said the City has coordinated with shelters and law enforcement around the implementation of Senate Enrolled Act Two-Hundred-Eighty-Five (SEA 285) to ensure legal compliance while connecting people with the resources they need. He noted that this winter's Weather Amnesty program at the Center for the Homeless will again offer one-hundred (100) emergency shelter beds starting November Pt, with overflow at Grace United Methodist Church. He said the program will offer nightly shelter from 8:00 P.M. to 8:00 A.M. with amenities such as showers, storage drawers, and laundry facilities. Councilmember Gooden-Rodgers thanked Carl Hetler for his work. Councilmember Dr. Davis asked how the City is educating law enforcement and working with them to implement SEA 285 compassionately. He also inquired about outreach to schools. Carl Hetler addressed the question about SEA 285. He said he helps facilitate Crisis Intervention Team (CIT) training for City and county law enforcement, teaching de-escalation and informing officers about available referrals. He said he also provides information via SharePoint for all law enforcement to access, and police will often call him directly if someone is in need of special services. He then addressed the question about schools, stating that the McKinney-Vento program ensures students experiencing homelessness have transportation to their school of origin. He said South Bend Community School Corporation social workers have seen an increase in the number of families in need. Approximately three-hundred (300) students were tracked last school year, and social workers were able to help fifty (50) of them move into stable housing. Councilmember Tomas Morgan asked about the street medicine statistics, noting a significant decrease in patient encounters this year. Carl Hetler explained that statistics are reported by academic year, and the current academic year started in August. He confinned that this year's numbers will continue to increase. He noted that last year, street medicine outreach was expanded to Our Lady of the Road, with a focus on wound care, pneumonia treatment, and follow-up care. Councilmember McBride expressed support for Carl Hetler' s work. She asked about a potential partnership with Dr. Larissa Buggs from the Nexus Center. 3 REGULAR MEETING September 28, 2026 Carl Hetler confirmed that Dr. Buggs and the Nexus Center are involved in the mental health coalition he coordinates. He noted that Dr. Buggs also presented at a mental health summit they hosted in partnership with the Veldman Clinic at the University of Notre Dame. He said he would send Councilmembers an invitation to the Mental Health Awareness of Michiana summit next month, noting that Dr. Buggs will also be part of this event. Councilmember McBride noted that Broadway Parish is seeking donations of underwear and socks. She encouraged fellow Councilmembers to support a donation drive for socks, hats, gloves, and scarves as winter approaches. Councilmember White expressed support for Councilmember McBride's call for donations. She asked about the increasing number of children experiencing homelessness. Carl Hetler confirmed that the number of children experiencing homelessness has increased year- over-year. He explained that state-level cuts to daycare vouchers and Medicaid have influenced this trend, and eighty (80) families have already signed up for McKinney-Vento support this year. He said the City has limited resources, but the three (3) largest investments are the Oaklawn partnership, Weather Amnesty, and funding Motels4Now and New Day Intake Center. He spoke about the importance of educating the public in order to reduce stigma and promote awareness of available resources. Council Vice President Niezgodski thanked Carl Hetler for his work with residents in her district. Councilmember Bolden-Simpson thanked Carl Hetler for sharing stories along with the numbers. She asked about the SharePoint repository he mentioned. Carl Hetler explained that City employees can upload and share files internally using the SharePoint system. He said he maintains a confidential file that is accessible to law enforcement and includes each shelter's contact information, placement requirements, and number of available beds. Councilmember Dr. Beidinger noted that Carl Hetler runs the entire outreach program as a single staff member and commended him for building a sustainable framework for the program. Council President Lee asked how many people are currently unhoused in the City. Carl Hetler said they expect to see seventy (70) to eighty (80) individuals at the start of Weather Amnesty in November, and the Center for the Homeless has capacity for one-hundred-ten (110). Grace United Methodist provides an additional fourteen (14) overflow beds. He said demand peaked with one-hundred-thirty (130) people during the coldest week of the year, and overall, approximately seven hundred (700) unique individuals utilized the program. He said one-hundred- twenty (120) of these individuals were placed in various residential programs, and one-hundred (100) of them only needed one (1) night of emergency shelter. MOTION TO AMEND THE AGENDA Council President Lee entertained a motion to amend the agenda to hear Resolutions first (1 st) before resolving into the Committee of the Whole. Councilmember Dr. Beidinger moved to amend the agenda, which was seconded by Councilmember Gooden-Rodgers and carried via a vote by voice. RESOLUTIONS BILL NO. 26-31 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AND ADOPTING THE RIVER PARK NEIGHBORHOOD PLAN (SUBSTITUTE) Council Vice President Niezgodski moved to accept the substitute bill, which was seconded by Councilmember Gooden-Rodgers and carried via a vote by voice. Clerk Tirado read the bill to the Council. 4 REGULAR MEETING September 28, 2026 After the reading, Councilmember White stated that Bill No. 26-31 went before the Community Investment Committee and comes to the Full Council with a favorable recommendation. Tim Corcoran, Director of Planning, with offices on the fifth (5th) floor of City Hall, South Bend, IN 46601, thanked everyone who participated in the three (3 )-year planning process for the River Park Neighborhood Plan and introduced his co-presenters. Chris Dressel, Senior Planner, with offices on the fifth ( 5th) floor of City Hall, South Bend, IN 46601, presented an overview of the plan. He described the River Park Neighborhood Plan as a twenty (20)-year guiding document covering housing, zoning, transportation, infrastructure, and parks for the River Park area and adjacent portions of the City west ofTwyckenham and south of the river. He described the community engagement process, which began in April 2023 and included visioning sessions, open houses, and multiple stakeholder meetings. He said the implementation plan identifies short, medium, and long-term actions, leads, and partners for each step. Tania Barreto, Planner, with offices on the fifth (5th) floor of City Hall, South Bend, IN 46601, said the plan includes fifteen (15) project proposals across four ( 4) themes. The first (1 st) theme is Parks and Green Areas, and the three (3) parks considered in the plan are Potawatomi Park, Veterans Memorial Park, and Nuner Field. She summarized the goals for Potawatomi Park, which include preserving existing tree canopy and expanding the parking area near Wall Street. Goals for Veterans Memorial Park include improving connections to the neighborhood, creating a new access point on the northern side of the park, upgrading park amenities, a potential partnership with Indiana University South Bend (IUSB), and creating a buffer area between the road and the Northside Trail. She described Nuner Field as a sports-focused field and running track. She noted that Nuner Field currently belongs to the South Bend Community School Corporation (SBCSC), and the land has an urban neighborhood one (Ul) zoning designation. She explained that ifSBCSC were to sell the land, the entire green space could be developed as single-family housing. The plan proposes rezoning the northern half of the property to urban neighborhood two (U2), which would allow development of single-family homes, duplexes, or townhomes on that portion. The southern half of the property would be rezoned as open space (OS), which would conserve the green space in perpetuity and allow for future development as a City park. Tania Barreto then discussed the second (2 nd) theme, Streets and Transportation. The projects under this theme promote connectivity and safety for pedestrians and cyclists. She noted that a two (2)-way bike path was installed last year along Mishawaka Avenue, and the plan proposes extending that path up to 20th Street. The plan also proposes extending sidewalks and installing a two (2)-way bike path on the Ironwood Drive bridge. She noted that this would connect two (2) existing trails: the Northside Trail to the north, and the IUSB bike path to the south. The next project proposal she discussed was the 20th Street Connector. This would create a connection between Northside Boulevard and Potawatomi Park through the IUSB campus, extending the sidewalk using the wide existing right-of-way. Tania Barreto discussed the third (Yd) theme, IUSB. She noted that IUSB is a state entity, and although they are not bound by local ordinances, university leadership has responded positively to their inclusion in the plan. She highlighted key IUSB projects, including new student housing at the comer of 20th Street and Mishawaka A venue and a mixed-use addition to the current IUSB parking garage. Finally, she discussed the fourth (4th) theme, Housing and Built Form. She noted that there are six (6) project proposals in this category: low-density development on Ruskin Street, redevelopment of existing industrial sites along Northside Boulevard, two (2) mixed-use development nodes along Mishawaka A venue, U2-density development cm the northern portion of Nuner Field, and single-family development at 34th Street and Northside Boulevard. Chris Dressel presented the proposed zoning changes, noting they would need to proceed through the standard rezoning process and would not be automatic upon adoption of the plan. He highlighted River Park's significant stock of single-family housing, low availability of vacant land, and shrinking average household size. He said small multi-family complexes, such as duplexes and triplexes, could help meet the neighborhood's evolving needs. Rezoning corridors from Ul to U2 would allow duplexes, cottage courts, townhouses, and apartment houses by-right while maintaining the same height and setback requirements. He said the goal is to incrementally address "missing middle" housing over the next twenty (20) years. 5 REGULAR MEETING September 28, 2026 Council President Lee opened the public hearing. Patrick McKelvey, former resident of 468 South Greenlawn A venue, South Bend, IN 46615, spoke in opposition. He said he was the volunteer coordinator of Potawatomi Kids Kingdom and served on the maintenance board. He noted that the park was community-built and community-funded, and a thirty-seven-thousand dollar ($37,000) annuity was provided for its continued maintenance. He expressed concern regarding the City's maintenance of Kids Kingdom upon taking over operations two (2) years ago. He expressed concern about cutting down the adjacent old-growth trees to build a parking lot, citing a PubMed Central (PMC) Shade Impact Study. He also raised concerns about introducing multi-family housing into single-family neighborhoods. Peter Rue, 25700 Cleveland Road, South Bend, IN 46628, spoke in favor. He cited the plan's benefits for children and students, support for residents across all age groups who want safer streets and active transportation, and the pl~n's role in securing future federal and state infrastructure grants. Jim Bayer, Gospel Center Missionary Church, 930 South 30th Street, South Bend, IN 46615, spoke in favor. He said he has lived in River Park for over fifty (50) years and has been at every meeting during the planning process. He said the plan is imperfect, with a few things he would change, but described it as a good plan with the right ingredients to make River Park a better place. Zach Klonsinski, River Park Neighborhood Association, 843 South 23rd Street, South Bend, IN 46615, spoke in favor. He said the River Park Neighborhood Association Board of Directors passed a resolution in support of the plan. He called attention to improvements already underway that reflect the plan's vision, including the Mishawaka A venue Market District realignment and the Wall Street raised crosswalks, and urged the Council to fund continuation of the Mishawaka A venue streetscape improvements and to adopt the plan. Sue Kesim, 4022 Kennedy Drive, South Bend, IN 46614, spoke in opposition. She expressed opposition to the Nuner Field proposal, stating that residents were not in favor of taking away half the green space or adding denser housing. She cited a petition signed by two-thousand-six-hundred (2,600) residents opposing the removal of old-growth trees and original playground equipment at Kids Kingdom. She suggested alternative uses for any funds , including literacy boards, a park for children with special needs, and a senior exercise park. Wayne Hubbard Jr., 4313 Windsor Place, South Bend, IN 46619, spoke in opposition. He asked the Council to clarify exactly what the adoption of the plan commits the City to , what remains undecided, what must come back before the public, and what environmental and flood risk reviews will occur. Council President Lee invited Tim Corcoran to respond. Tim Corcoran offered a rebuttal. He said the plan has been modified in response to community input to preserve Kids Kingdom, and the parking lot shown in earlier concept drawings was realigned to reduce the impact on mature trees. He emphasized the need to strike a balance between the conflicting needs of different park users and confirmed that for every tree that is cut down, several new trees will be planted. He explained that each project in the plan represents a high- level concept, not an engineering drawing, and that every project will include additional public engagement as it moves toward implementation. Council President Lee closed the public hearing. Councilmember McBride spoke in support of the plan and described years of engagement with neighborhood and business associations. She noted that many of the two-thousand-six-hundred (2,600) petition signers are now in support after conversations about tree preservation and Kids Kingdom. Councilmember Dr. Davis asked Patrick McKelvey to elaborate on the PMC Shade Impact Study. Patrick McKelvey elaborated on the topic and emphasized the importance of a well-shaded park. He reiterated his concerns about introducing multi-family housing into single-family neighborhoods. 6 REGULAR MEETING September 28, 2026 Councilmember Dr. Davis asked Tim Corcoran ifhe is aware of the PMC Shade Impact Study. He asked if approving the plan tonight will prevent the City from including new ideas in the future. Tim Corcoran acknowledged the study but emphasized the ongoing parking challenges in the neighborhood as Potawatomi Zoo continues to attract more visitors. He spoke about how limited parking availability impacts neighborhood residents and said the plan aims to strike a balance between multiple competing interests. He stated that the partnership with the River Park Neighborhood Association will serve as an ongoing forum for ideas and adjustments over the twenty (20)-year planning horizon. Councilmember Dr. Davis thanked Tim Corcoran and said his response gave him more peace. Councilmember Bolden-Simpson thanked Patrick McKelvey for sharing the history of Kids Kingdom. She encouraged moving forward, stating that waiting for perfection leads to inaction. She noted that any zoning changes will continue to come before the Council, and she expressed a high level of respect for the role of neighborhood associations. Tim Corcoran encouraged residents to continue to strengthen their neighborhood associations. Councilmember White said she is pleased to hear that Kids Kingdom will not be eliminated and that every effort will be made to preserve trees. She said she is more comfortable after hearing that the administration will remain open to discussion as the plan is implemented. She acknowledged that there is no perfect plan, but residents and the City will continue to work together. Councilmember Bolden-Simpson moved for the passage of Bill No. 26-31, 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 26-32 Clerk Tirado read the bill to the Council. Council Vice President Sheila Niezgodski -Aye Councilmember Sharon McBride -Aye Councilmember Sherry Bolden-Simpson -Aye Councilmember Dr. Oliver Davis -Aye A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL IN SUPPORT OF EXECUTIVE ORDER NO. 01-2026, THE DATA CENTER TRANSPARENCY & ACCOUNTABILITY NONDISCLOSURE ORDER PROHIBITING OR OTHER CONFIDENTIALITY AGREEMENTS After the reading, Council Vice President Niezgodski stated that Bill No. 26-32 went before the Personnel and Finance Committee and comes to the Full Council with a favorable recommendation. Council President Lee presented the resolution supporting Mayor Mueller's Executive Order, the Data Center Transparency and Accountability Order. He explained that the executive order prohibits City employees and appointees from entering into non-disclosure agreements (ND As) with data centers that would restrict transparency beyond what applicable law already permits and requires data center project agreements to affirm their status as public records subject to the protections that state and federal law already provides. Councilmember Dr. Davis asked whether there is precedent for the Council to support executive orders through resolutions. Councilmember Tomas Morgan confirmed the practice has occurred previously, citing pandemic- related and digital readiness executive orders. Councilmember Dr. Davis asked Clerk Tirado to provide him with that legislation for future reference. He said he is pleased the Mayor followed the Council's lead and noted that the NDA 7 REGULAR MEETING September 28, 2026 ordinance he co-authored with Councilmember Bolden-Simpson has a wider scope. He expressed support for both the current resolution and the upcoming ordinance. Councilmember Bolden-Simpson said she appreciates the executive order, noting that the NDA concern was initially raised due to a data center agreement. She said she will support the resolution while looking forward to the more comprehensive bill. Council President Lee opened the public hearing. Sue Kesim, 4022 Kennedy Drive, South Bend, IN 46614, spoke in opposition. She said she supports transparency and accountability but opposes the resolution because an executive order can be ignored. She said she wants a full sunshine ordinance that includes NDAs and is fully enforceable by law. She expressed broader transparency concerns, noting that she has submitted multiple APRA requests that have not been answered. Council President Lee closed the public hearing. Councilmember Tomas Morgan moved for the passage of Bill No. 26-32, 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 -Aye Councilmember Karen L. White -Aye RESOLVE INTO THE COMMITTEE OF THE WHOLE Councilmember Tomas Morgan moved to resolve into the Committee of the Whole, which was seconded by Councilmember McBride and carried via a vote by voice. PUBLIC HEARINGS BILL NO. 56-26 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 Clerk Tirado read Bill No. 56-26 to the Council for its second (2nd) reading. After the second (2nd) reading, Councilmember Dr. Oliver Davis stated that Bill No . 56-26 went before the Zoning and Annexation Committee and comes with a favorable recommendation. Tim Staub, Zoning Specialist, with offices on the fifth ( 5th) floor of City Hall, South Bend, IN 46601 , presented the bill. He stated that the petitioner is seeking a special exception to allow a two (2)-unit side-by-side dwelling on a lot that is currently vacant. He said the petition is consistent with the City's Comprehensive Plan and the 2022 Northeast Neighborhood Plan, which calls for lower-density structures such as two (2)-unit dwellings along the edges of the Five (5) Comers area. David Swaratsky, Petitioner, 18701 Kintz Drive, South Bend, IN 46637, addressed the Council. He noted that he is the owner of Century Builders as well as the vacant lot in question. Councilmember Dr. Beidinger expressed appreciation for the investment in the Fourth ( 4th) District and stated that she would be supporting the bill. Councilmember Gooden-Rodgers held the public hearing, and nobody spoke. 8 REGULAR MEETING September 28, 2026 Councilmember Dr. Davis moved to send Bill No . 56-26 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 Dr. Heidi Beidinger -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Karen L. White -Aye 59-26 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, 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 second (2nd) reading. After the second (2nd) reading, Councilmember Dr. Davis stated that Bill No . 59-26 went before the Zoning and Annexation Committee and comes with no recommendation. Tim Staub presented the bill. He explained that the petitioner is seeking to rezone the property from U 1 to urban neighborhood flex (UF), to allow for a neighborhood wellness and nutrition center in the space. He noted the property is directly across the street from the MLK Dream Center, and the Kennedy Park Neighborhood Plan supports neighborhood-serving commercial uses in this area. He noted that the Zoning and Annexation Committee brought the bill with no recommendation because the petitioner arrived late to the committee meeting. Maurice Scott Jr., Petitioner, 227 College Street, South Bend, IN 46628, described the business as a nutrition and wellness performance center focused on helping individuals become healthier and stronger. He said it would serve as a direct resource for the surrounding community and the new MLK Dream Center. Council Vice President Niezgodski asked for clarification regarding the recommendation and the petitioner's appearance at the Committee meeting. Councilmember Dr. Davis explained that the petitioner, Maurice Scott Sr., joined the meeting after the presentation and vote had already taken place. Maurice Scott Sr. shared that he would be unable to attend the Council meeting but confinned that his son, co-petitioner Maurice Scott Jr., would speak in his place. Councilmember Bolden-Simpson asked if the center's services are targeted toward a specific level of athletic performance. Maurice Scott Jr. confirmed that the business serves all athletes, everyday individuals, and families seeking a healthier lifestyle. Councilmember Gooden-Rodgers held the public hearing, and nobody spoke. Councilmember McBride moved to send Bill No. 59-26 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 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 9 REGULAR MEETING September 28, 2026 PUBLIC HEARING 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 (#2 11), $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 OPERATIONS 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 second (2 nd) reading. After the second (2nd) reading, Council Vice President Niezgodski stated that Bill No . 60-26 went before the Personnel and Finance Committee and comes with a favorable recommendation. Kyle Willis, City Controller, with offices on the second (2nd) floor of City Hall, South Bend, IN 46601 , presented the bill. He noted that the appropriations were discussed earlier in Committee and opened to questions from the Council. Councilmember White asked whether she was required to repeat her questions that were addressed in Committee. Council Attorney Bob Palmer confirmed that would not be necessary. Councilmember Gooden-Rodgers held the public hearing, and nobody spoke. Council President Lee moved to send Bill No. 60-26 to the Full Council with a favorable recommendation, 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 61-26 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, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2026 Clerk Tirado read the bill to the Council for its second (2nd) reading. REGULAR MEETING September 28, 2026 After the second (2 nd) reading, Council Vice President Niezgodski stated that Bill No. 61-26 went before the Personnel and Finance Committee and comes with a favorable recommendation. Kyle Willis presented the bill. He noted that there are only two (2) budget transfers: one (1) from Youth Council and one (1) from the Human Rights Commission. Councilmember Gooden-Rodgers held the public hearing, and nobody spoke. Council Vice President Niezgodski moved to send Bill No. 61-26 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 62-26 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, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3501 BLACKTHORN COURT COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA (SUBSTITUTE) Councilmember Bolden-Simpson moved to accept the substitute bill, which was seconded by Council Vice President Niezgodski and carried via a vote by voice. Clerk Tirado read the bill to the Council for its second (2nd) reading. After the second (2 nd) reading, Councilmember Dr. Davis stated that Substitute Bill No. 62-26 went before the Zoning and Annexation Committee and comes with a favorable recommendation. Councilmember Tomas Morgan noted that the favorable recommendation included written commitments. Tim Staub presented the bill. He said the petitioner is requesting to rezone the property from neighborhood center (NC) to commercial to allow the development of a one-hundred-twenty-four (124) room, four (4)-story extended-stay hotel. He explained that while the NC district technically allows hotel use, the surr~unding built environment in the Blackthorn Office Park more closely resembles commercial zoning, and rezoning to commercial will allow the petitioner's building form to match the surrounding context. He noted that written commitments will prohibit drive- through facilities, gas stations, vehicle sales and rental, vehicle service major and minor, and off- premise signs on the site. Ricky Davila, Abonmarche Consultants, 315 West Jefferson Boulevard, South Bend, IN 46601, spoke on behalf of the petitioner. He confirmed the petitioner intends to develop a one-hundred- twenty-four (124 )-room extended stay hotel and noted the design was developed in coordination with the City. He said the petitioner respectfully requests Council approval. Council President Lee asked about the construction timeline. Ricky Davila responded that the petitioner is working through full engineering approvals and expects to begin construction in spring of 2027. Council President Lee expressed gratitude for the investment in the First (1 st) District. Councilmember Dr. Beidinger asked about signage height regulations. Tim Staub replied that that the commercial district allows signs up to fifteen (15) feet in height. He stated that this is appropriate for the parkway corridor. Councilmember Gooden-Rodgers held the public hearing, and nobody spoke. 11 REGULAR MEETING September 28, 2026 Council President Lee moved to send Substitute Bill No. 62-26 to the Full Council with a favorable recommendation, with written commitments. The motion 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 ~--------------------1--------- C o u n c i l member Ophelia Gooden-Rodgers -Aye Councilmember Sharon McBride -Aye ~--------------------1--------- C o u n c i l member Dr. Heidi Beidinger -Aye Councilmember Sherry Bolden-Simpson -Aye 1----------------------+------C o u n c i l member Rachel Tomas Morgan -Aye Councilmember Dr. Oliver Davis -Aye ~--------------------1---------C o u n c i l member Karen L. White -Aye 63-26 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED O NORTH KALEY STREET COUNCILMANIC DISTRICT NO. 1 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. 63-26 went before the Zoning and Annexation Committee and comes with a favorable recommendation. Tim Staub presented the bill. He said the petitioner is requesting to rezone these parcels from Ul to urban neighborhood three (U3) to allow the construction of eleven (11) units of senior housing in a cottage court design. He noted that the parcels have been vacant since they were originally platted and have not been developed. The petition is consistent with the City's Comprehensive Plan, which calls for a variety of housing types and care choices for seniors and disabled persons, and with the medium-density development designation for the area. Charles King III, Petitioner, 2705 Marquette Boulevard, South Bend, IN 46628, stated that the project is a senior citizen tiny home. development that has been part of his church's vision for years. He confirmed a contractor is present to answer technical questions. Councilmember Dr. Davis asked about any research on the impact of tiny home developments on surrounding property values. He noted that this was raised as a concern with previous tiny home developments, but those property values have continued to rise. Charles King III said the homes will be built to a quality consistent with surrounding neighborhood homes, which he believes will add value to the area and allow seniors to age in place without the burden of maintaining larger properties. Councilmember Dr. Davis asked if there are plans for a community center. Charles King III confirmed that the church has a small cafe that will be available to residents for gatherings and family visits. Councilmember Bolden-Simpson asked about lawn maintenance. Charles King III confirmed a partnership with US Lawns, which already manages the church grounds, will extend to the cottage court. Councilmember Bolden-Simpson noted that pocket neighborhoods have been successful in other communities and thanked Charles King III for bringing it here. Council President Lee expressed gratitude for development in the First (1 st) District and asked about the timeline. Charles King III said he hopes to have financing in place by the end of next month and to break ground shortly after. He confinned that he would keep the Council updated on project progress. Councilmember Gooden-Rodgers asked if the units are one (!)-bedroom or two (2)-bedrooms. Charles King III stated that there is one (1) two (2)-bedroom unit, and the remaining ten (10) are one (1 )-bedroom units. 12 REGULAR MEETING September 28, 2026 Councilmember Gooden-Rodgers asked about the age requirement. Charles King III said the age requirement is sixty-two ( 62) years and older. Councilmember Gooden-Rodgers opened the public hearing. Sue Kesim, 4022 Kennedy Drive, South Bend, IN 46614, spoke in favor. She expressed support for the project design. She asked about affordability and whether residents would own or rent the units. Charles King III stated the units will be rentals. He said the church is working with HUD, the Housing Authority, and South Bend Heritage to explore vouchers and housing assistance. He noted that market-rate rent would be approximately twelve-hundred to fifteen-hundred dollars ($1 ,200-$1 ,500) per month. He confirmed that the goal is to make the units affordable. Councilmember Dr. Davis asked if there would be ownership opportunities in the future. Charles King III confirmed that is a possibility, noting that the project could be expanded to adjacent vacant lots if the initial eleven ( 11 )-unit project is successful. Councilmember Gooden-Rodgers closed the public hearing. Council President Lee moved to send Bill No. 63-26 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 Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Dr. Heidi Beidinger -Aye Councilmember Rachel Tomas Morgan -Aye Councilmember Karen L. White -Aye 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, 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 ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT (PUBLIC HEARING ONLY) Clerk Tirado read the bill to the Council for its second (2nd) reading. After the second (2nd) reading, Council Vice President Niezgodski stated that Bill No. 65-26 went before the Personnel and Finance Committee and comes with a favorable recommendation. James Mueller, Mayor of South Bend, with offices on the sixth ( 6th) floor of City Hall, South Bend, IN 46601, presented the bill. He highlighted Build the Budget results showing housing as the top resident priority, followed by youth programs, infrastructure, and public safety. He described the economic uncertainties driving this year's budget decisions. He noted the City has had a structural general fund deficit for approximately seven (7) years, which was masked during the pandemic by federal relief dollars that have now been spent down. He said the City did not receive a supplemental income tax distribution this year and does not anticipate receiving one (1) for 2027. The proposed budget reflects a deficit of approximately eight-point-six million dollars 13 REGULAR MEETING September 28, 2026 ($8,600,000), which is higher than previously presented due to the tentative Police bargaining agreement and an updated circuit breaker credit assumption. He noted that Fire Department negotiations have not yet begun and are unlikely to be complete before the budget vote. He presented each department's year-over-year budget numbers and said the proposed cuts to Venues Parks and Arts (VPA) and the Department of Community Investment (DCI) are expected to produce minimal disruption to resident services. He projected the City will end 2027 with thirteen- point-nine million dollars ($13 ,900,000) above the required general fund cash reserves. Councilmember Dr. Davis asked two (2) questions: what would be prioritized for restoration if the budget outlook proves better than expected, and what is the City doing to advocate at the state level regarding Senate Enrolled Act One (1) and local income tax changes. Mayor Mueller responded. He said projecting forward to the 2029 local income tax changes is difficult given many moving parts at the county level. He described the MUST committee process through which cities and counties are evaluating options, noting that the most likely preference would be to maintain the current county-wide income tax distribution system rather than pursue alternatives that could potentially do hann. He said a council resolution supporting this position could add helpful weight to what the administration submits by the end of October deadline. Councilmember Dr. Davis discussed the possibility of putting forward a Council resolution to support the City's position in the MUST committee process. Mayor Mueller said a Council resolution supporting this position could add helpful weight to what the administration submits by the October deadline. Council President Lee confirmed he attended the first (1 st) MUST meeting and offered to work with the administration on a Council resolution. Councilmember Gooden-Rodgers asked Attorney Palmer for procedural clarification. Attorney Palmer confinned that there will be a public hearing tonight, but the bill will not come before the Full Council for third (3 rd) reading until October 12th. Councilmember Gooden-Rodgers opened the public hearing. Sue Kesim, 4022 Kennedy Drive, South Bend, IN 46614, raised two (2) questions: where the missing financial reports on the public drive are, and why tax increment financing (TIF) and Redevelopment Commission funds are not part of the budget discussion. Mayor Mueller said the City Controller has addressed the matter of financial reports to the best of his ability at previous budget meetings, and he will follow up. He confirmed that a significant portion of TIF dollars does go to road paving, parks, and neighborhood priorities, but state law restricts how those funds can be spent. He noted that the Redevelopment Commission is the fiscal body for TIF funds, while the Common Council is the fiscal body for the civil City budget. He said the Department of Community Investment would be happy to share information. with Councilmembers on how redevelopment dollars are used,. noting thflt housing, the top Build the Budget priority, is primarily funded this way. Leonard Moretti, 6332 Redenbacher Court, South Bend, IN 46614, asked whether there is room in the budget to work out a mutual aid agreement between the South Bend Fire Department and Centre Township Fire Department for the Lafayette Falls neighborhood. Councilmember Gooden-Rodgers addressed Leonard Moretti and stated that there is currently a bill on the floor, but he may ask his question later in the meeting. Council President Lee added that this question is more appropriate for privilege of the floor. Councilmember Dr. Davis asked why Leonard Moretti' s question would not fall under the budget discussion. Attorney Palmer confirmed that the question of a memorandum of understanding (MOU) should be raised during privilege of the floor. Councilmember Dr. Davis asked Mayor Mueller if he would like to respond to Leonard Moretti 's question. 14 REGULAR MEETING September 28, 2026 Mayor Mueller responded briefly to the budget dimension, confirming there is no budgetary issue with working on such an agreement. He said it would be a policy matter for Fire Department leadership to address. Councilmember Gooden-Rodgers closed the public hearing. She asked about the procedure for moving the bill forward. Attorney Palmer stated that the bill would be moved to the Full Council for third (3 rd) reading on October 12th. Council President Lee moved to send Bill No. 65-26 to the Full Council for third (3 rd) reading on October 12, 2026, with a favorable recommendation. The motion was seconded by Council Vice President Niezgodski and carried by a vote of seven (7) ayes with two (2) nays. 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 Council Vice President Sheila Niezgodski -Aye Councilmember Sharon McBride -Aye Councilmember Sherry Bolden-Simpson -Nay Councilmember Dr. Oliver Davis -Nay PUBLIC HEARING 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 second (2 nd) reading. After the second (2 nd) reading, Council Vice President Niezgodski stated that Bill No. 66-26 went before the Personnel and Finance Committee and comes with a favorable recommendation. Kyle Willis presented the bill. He described the two (2) proposed changes to the nonbargaining salary ordinance: a salary increase for the Project Manager in the Office of Diversity and Inclusion (ODI), and the addition of two (2) previously omitted positions in the Department of Innovation and Technology. Councilmember Tomas Morgan asked for clarification on the rationale for the ODI salary increase and whether the salary level will remain once a permanent director is appointed. Troy Warner, Mayor's Chief of Staff, with offices on the sixth (6th) floor of City Hall, South Bend, IN 46601, responded. He explained that Bianca Jones has been serving in ODI for approximately one (1) year, and the salary reflects what she has been earning as interim director. He confirmed that the salary will be tied to the position going forward. He noted the situation is complex because in July, the state Attorney General issued an opinion stating that women and minority business enterprise (WMBE) programs are illegal and the Governor suspended the state's WMBE certification program. He confinned that the City believes its program remains legal and will continue to operate it. He explained that the City is looking at developing its own WMBE certification process, which may change how ODI looks in the future. Councilmember Tomas Morgan asked if the NAACP filed a lawsuit in response to the state decision. Troy Warner said he is unsure. 15 REGULAR MEETING September 28, 2026 Councilmember Dr. Davis asked what legal protections exist if the City's majority-minority Council were accused of reverse discrimination for funding a WMBE program. He asked how Council can proactively address this concern. Troy Warner expressed hesitation to provide a legal opinion and suggested directing the question to Attorney Palmer. Attorney Palmer stated that Council is not a separate legal body from the City, and members are not personally liable. He said he will consult with Corporation Counsel Sandra Kennedy or City Attorney Jenna Throw to see if there are additional structural protections that could be put in place, but his preliminary opinion is that the City should stay under the radar and not draw attention to its program. Councilmember Dr. Davis agreed. He noted that minority-majority Councils have been sued for reverse discrimination in other communities. Attorney Palmer stated that the City is operating fully in accordance with existing case law and statutes, and he believes the City is well prepared to defend against any legal challenge. Councilmember Gooden-Rodgers held the public hearing, and nobody spoke. Council President Lee moved to send Bill No . 66-26 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 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, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2027 BUDGET AND LEVYING THE TAX AND FIXING THE RA TE 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 (SUBSTITUTE) (PUBLIC HEARING ONLY) Councilmember McBride moved to accept the substitute bill, which was seconded by Council Vice President Niezgodski and carried via a vote by voice. Clerk Tirado read the bill to the Council for its second (2nd) reading. After the second (2nd) reading, Council Vice President Niezgodski stated that Substitute Bill No. 68-26 went before the Personnel and Finance Committee and comes with a favorable recommendation. Chris Kubaszak, Chief Executive Officer of Transpo, with offices at 1401 South Lafayette Boulevard, South Bend, IN 46601 , presented the bill. He summarized the 2027 Transpo budget and noted that it is balanced at twelve-million-six-hundred-ninety-six-thousand-five-hundred- thirty-three dollars ($12,696,533). Fifty-six percent (56%) of revenue comes from local sources including the local income tax, property tax assistance, passenger fares , lease revenue, and advertising. Ninety-nine percent (99%) of expenses are driven by service levels and staffing. He said Transpo's major financial risks are Senate Enrolled Act One (1), which is projected to reduce property tax revenue by approximately four-hundred-sixteen-thousand dollars ($416,000) in 2028, 16 REGULAR MEETING September 28, 2026 and local income tax changes proposed for 2030. He highlighted that fifty percent (50%) of Transpo's ridership is underserved populations, specifically ADA and student rides. The fleet is fully converted to compressed natural gas (CNG), which keeps fuel costs to approximately one dollar and forty cents to one dollar and seventy cents ($1 .40 to $1. 70) per gallon equivalent. Councilmember Dr. Davis asked about Transpo's state legislative advocacy and lobbying activities given the upcoming funding challenges. Chris Kubaszak confirmed that a new public transit association is being formed and will take an active advocacy role when the state legislature convenes next year. He said they intend to develop messaging to convey their broader community value, which includes providing ADA paratransit rides to people with medical needs, enabling students to get to school, and supporting organizations like the Logan Center. He said Transpo is considering hiring a consultant to help develop their advocacy story and lobbying materials. He also recognized Councilmember Dr. Davis for his role in switching the fixed-route fleet to CNG during his tenure on the Transpo Board. He stated that the CNG decision, which was made approximately fifteen (15) years ago , has proven particularly valuable as diesel prices have reached over six dollars ($6) per gallon. Councilmember Bolden-Simpson thanked Transpo for providing transportation to students. She encouraged Transpo drivers to be mindful that students at alternative schools may hot have typical school IDs. Chris Kubaszak noted Transpo' s ridership agreements with South Bend Community School Corporation (SBCSC), the City of Mishawaka, St. Joseph High School, the University of Notre Dame, St. Mary's College, and Holy Cross College. He said SBCSC and Mishawaka students can ride free nine (9) months of the year under those agreements, and free during the summer through the student summer pass program. He said the summer pass program saw its second (2nd)-highest ridership ever this year at over thirty-four thousand (34,000) rides. Councilmember Bolden-Simpson encouraged Chris Kubaszak to relax the ID requirements as needed to accommodate students. Chris Kubaszak noted that there is a charter school looking to enter into ridership agreement with Transpo, and they shared the same feedback. ( Council Vice President Niezgodski asked Chris Kubaszak if there are any other Transpo representatives in attendance. Chris Kubaszak introduced Virgil McCarthy, Director of Transportation, who won an industry award this year for improving the maintenance ticketing system and reducing vehicle downtime. Councilmember Gooden-Rodgers held the public hearing, and nobody spoke. Council Vice President Niezgodski moved to send Substitute Bill No. 68-26 to the Full Council for third (3rd) reading on October 12, 2026, with a favorable recommendation. The motion 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 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 Councilmember Tomas Morgan and carried via a vote by voice. REGULAR MEETING RECONVENED 17 REGULAR MEETING September 28, 2026 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. 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 1246 HOW ARD STREET COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 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 Bill No. 56-26 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Council Vice President Niezgodski moved for the passage of Bill No. 56-26, 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 Council Vice President Sheila Niezgodski -Aye Councilmember Sharon McBride -Aye ----------t Councilmember Sherry Bolden-Simpson -Aye Councilmember Dr. Oliver Davis_-_A_y_e ____ __, THIRD 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 third (3 rd) reading. After the third (3 rd) reading, Council .President Lee requested a committee report. Councilmember Gooden-Rodgers stated that Bill No. 59-26 was heard in the Committee of the Whole and comes to the Full Council with a favorable recommendation. Council Vice President Niezgodski moved for the passage of Bill No. 59-26, which was seconded by Councilmember Bolden-Simpson and carried by a vote of eight (8) ayes with one (1) Councilmember absent. Council President Canneth Lee -Aye Councilmember Ophelia Gooden-Rodgers -Aye Councilmember Dr. Heidi Beidinger -Absent Councilmember Rachel Tomas Morgan -Aye Councilmember Karen L. White -Aye 18 Council Vice President Sheila Niezgodski -Aye Councilmember Sharon McBride -Aye ----------t 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, ADDITIONAL FUNDS APPROPRIATING FOR CERTAIN DEPARTMENTAL AND CITY SERVICES REGULAR MEETING September 28, 2026 OPERATIONS 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 (#2 09), $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 SEWAGE WORKS OPERATIONS 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 third (3 rd) reading. After the third (3rd) reading, Council President Lee requested a committee report. Councilmember Gooden-Rodgers stated that Bill No. 60-26 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. 60-26, 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 61-26 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, 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 third (Yd) reading. After the third (3 rd) reading, Council President Lee requested a committee report. Councilmember Gooden-Rodgers stated that Bill No . 61-26 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 . 61-26, 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 62-26 19 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 28, 2026 BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3501 BLACKTHORN COURT COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA (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 com~ittee report. Councilmember Gooden-Rodgers stated that Substitute Bill No. 62-26 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. 62-26, with written commitments. The motion 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 63-26 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 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 third (3 rd) reading. After the third (3 rd) reading, Council President Lee requested a committee report. Councilmember Gooden-Rodgers stated that Bill No. 63-26 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 Bill No. 63 -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 66-26 20 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 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 REGULAR MEETING September 28, 2026 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. 66-26 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 Bill No. 66-26, 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 1---------------------+------C o u n c i l member Ophelia Gooden-Rodgers -Aye Councilmember Sharon McBride -Aye 1---------------------+------C o u n c i l member Dr. Heidi Beidinger -Aye Councilmember Sherry Bolden-Simpson -Aye 1---------------------+------C o u n c i l member Rachel Tomas Morgan -Aye Councilmember Dr. Oliver Davis -Aye 1--------------------+------ C o u n c i l member Karen L. White -Aye BILLS ON THE FIRST READING BILL NO. 67-26 FIRST READING ON AMENDMENTS TO THE SOUTH BEND MUNICIPAL CODE BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROHIBITING THE EXECUTION AND ENFORCEMENT OF NON- DISCLOSURE AGREEMENTS (NDAS), BY WHATEVER NAME, AGREEMENTS, CONTRACTS, OR OTHER ARRANGEMENTS BY WHICH MEMBERS OF THE SOUTH BEND CITY GOVERNMENT'S EXECUTIVE BRANCH, INCLUDING MEMBERS OF THE CITY ADMINISTRATION, THE LEGISLATIVE BRANCH, AND THE CITY CLERK'S OFFICE WHICH HA VE THE EFFECT OF PRECLUDING DISCLOSURE OF INFORMATION TO THE PUBLIC OF ANY MATTERS RELATED TO THE OPERATION OF THE SOUTH BEND CITY GOVERNMENT AND DECLARING ANY SUCH AGREEMENTS, CONTRACTS, OR OTHER SUCH ARRANGEMENTS VOID AB INITIO AS CONTRARY TO PUBLIC POLICY Clerk Tirado read the bill to the Council for its first (1 st) reading. Council President Lee entertained a motion to send Bill No. 67-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on November 9, 2026. Councilmember Tomas Morgan moved to send Bill No. 67-26 to the Personnel and Finance Committee for public hearing and third (Yd) reading on November 9, 2026, which was seconded by Council Vice President Niezgodski and carried via a vote by voice. FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING A DIRECT LOAN TO THE DEVELOPER OF AN ECONOMIC DEVELOPMENT FACILITY (HEARTWOOD COMMONS PROJECT) AND APPROVING OTHER MATTERS IN CONNECTION THEREWITH Clerk Tirado read the bill to the Council for its first (1 st) reading. 21 REGULAR MEETING September 28, 2026 Council President Lee entertained a motion to send Bill No. 69-26 to the Community Investment Committee for public hearing and third (3rd) reading on October 12, 2026. Council Vice President Niezgodski moved to send Bill No . 69-26 to the Community Investment Committee for public hearing and third (3 rd) reading on October 12, 2026, which was seconded by Councilmember Tomas Morgan and carried via a vote by voice. 70-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 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. 70-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on October 12, 2026. Council Vice President Niezgodski moved to send Bill No . 70-26 to the Personnel and Finance Committee for public hearing and third (3rd) reading on October 12, 2026, which was seconded by Councilmember Dr. Beidinger and carried via a vote by voice. FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 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. 71-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on October 12, 2026. Council Vice President Niezgodski moved to send Bill No . 71-26 to the Personnel and Finance Committee for public hearing and third (3rd) reading on October 12, 2026, which was seconded by Councilmember Gooden-Rodgers and carried via a vote by voice. 72-26 FIRST READING ON AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 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 . 72-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on October 12, 2026. Council Vice President Niezgodski moved to send Bill No. 72-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on October 12, 2026, which was seconded by Councilmember Gooden-Rodgers and carried via a vote by voice. 73-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR YEAR 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. 73-26 to the Personnel and Finance Committee for public hearing and third (3rd) reading on October 12, 2026. 22 REGULAR MEETING September 28, 2026 Councilmember Dr. Beidinger moved to send Bill No. 73-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on October 12, 2026, which was seconded by Councilmember Tomas Morgan and carried via a vote by voice. FIRST READING ON AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF DEPUTIES AND NON-BARGAINING EMPLOYEES APPOINTED BY THE CITY CLERK OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 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. 74-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on October 12, 2026. Councilmember Dr. Beidinger moved to send Bill No. 74-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on October 12, 2026, which was seconded by Council Vice President Niezgodski and carried via a vote by voice. 75-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 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. 75-26 to the Personnel and Finance Committee for public hearing and third (3 rd) reading on October 12, 2026. Council Vice President Niezgodski moved to send Bill No . 75-26 to the Personnel and Finance 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. UNFINISHED BUSINESS Councilmember Dr. Davis thanked Lafayette Falls residents for attending the press conference earlier in the day, noting over forty ( 40) people turned out in support. He said he looks forward to following up on the Centre Township mutual aid agreement, noting that Mayor Mueller confirmed there is no budgetary obstacle to pursuing it. He thanked Councilmember Bolden-Simpson for working alongside him on the issue. Councilmember Bolden-Simpson expressed gratitude to the South Bend Fire Department for their response to the recent fire in Lafayette Falls. She said they will continue to work on a solution to improve response times and help residents feel safe in their neighborhood. NEW BUSINESS None. PRIVILEGE OF THE FLOOR Council President Lee opened privilege of the floor. Leonard Moretti, 6332 Redenbacher Court, South Bend, IN 46614, addressed the Council. He noted that Chief Carl Buchanon had indicated at a recent meeting that an MOU with the Centre Township Fire Department could involve financial considerations between the departments. He asked whether the matter could be prioritized and resolved either within this fiscal year or in the near future, noting that Lafayette Falls has a single point of entry, approximately two hundred (200) existing homes and one hundred fifty (150) more planned, and that Centre Township fire station is approximately three to four (3-4) minutes away while the nearest City fire station is six to eight (6-8) minutes away. 23 REGULAR MEETING September 28, 2026 Jaime Walton, 9N550 Creekwood Court, Elgin, IL 60124, addressed the Council. She expressed concern regarding what she described as deceptive practices by the South Bend Animal Resource Center (SBARC). She said she adopted an SBARC dog in Illinois after it was deemed too destructive and anxious to be safely placed and was sent across state lines. She raised the question of whether DCI budget cuts are contributing to practices that externalize animal welfare liability to neighboring states. She said she is considering a lawsuit and asked that these concerns be heard. Council President Lee asked Clerk Tirado to follow up with Jaime Walton for more information regarding her concern. Clerk Tirado confirmed that she would. Council President Lee closed privilege of the floor. ADJOURNMENT Council President Lee adjourned the meeting at 11 :52 P.M. 24