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HomeMy WebLinkAbout02-24-14 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, FEBRUARY 24, 2014 1. INVOCATION - CHAPLAIN FRED PRESTON 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7 -00 P_M_ 14 -14 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING DEREK D. DIETER, WHO PROUDLY WORE PIN #323, FOR HIS 39 YEARS OF EXEMPLARY SERVICE ON THE SOUTH BEND POLICE DEPARTMENT 14 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING COUNCIL MEMBER AT LARGE KAREN L. WHITE FOR DILIGENTLY SERVING AS CHAIRPERSON OF THE COMMITTEE OF THE WHOLE IN 2012 AND 2013 14 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY THANKING AND HONORING COUNCIL MEMBER AT LARGE DEREK D. DIETER FOR DILIGENTLY SERVING AS COUNCIL PRESIDENT FROM 2009 THROUGH 2013 14 -10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE FIRST TWO WEEKS IN FEBRUARY 2014 AS NATIONAL SCHOOL COUNSELING WEEKS IN SOUTH BEND, INDIANA WITH THIS YEAR'S THEME BEING SCHOOL COUNSELING: BUILDING MAGICAL FUTURES ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF KATHRYN ROOS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 04 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17, ARTICLE 2, SECTION 17 -27.1 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE WASTE DISCHARGE RATE FROM $0.06 TO $0.151 PER GALLON 05 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND FURTHER APPROPRIATING $972,500.00 FROM COIT FUND ( #404) TO PARTICIPATE IN A COMPRESSED NATURAL GAS FUELING FACILITY PROJECT AND ITS OPERATION PURSUANT TO THE INTERLOCAL AGREEMENT 06 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE TEAMSTER EMPLOYEE WAGE ORDINANCE (NO. 10267 -13) TO CORRECT THE ATTACHED SCHEDULE OF POSITIONS AND WAGE RATES 07 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING CERTAIN BOUNDARIES FOR SOUTH BEND TO FURNISH WATER AND SEWAGE SERVICE TO THE PUBLIC 8. BILLS, THIRD READING TIME: 04 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17, ARTICLE 2, SECTION 17 -27.1 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE WASTE DISCHARGE RATE FROM $0.06 TO $0.151 PER GALLON 05 -14, THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND FURTHER APPROPRIATING $972,500.00 FROM COIT FUND ( #404) TO PARTICIPATE IN A COMPRESSED NATURAL GAS FUELING FACILITY PROJECT AND ITS OPERATION PURSUANT TO THE INTERLOCAL AGREEMENT 06 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE TEAMSTER EMPLOYEE WAGE ORDINANCE (NO. 10267 -13) TO CORRECT THE ATTACHED SCHEDULE OF POSITIONS AND WAGE RATES 07 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING CERTAIN BOUNDARIES FOR SOUTH BEND TO FURNISH WATER AND SEWAGE SERVICE TO THE PUBLIC 9. RESOLUTIONS BILL NO. 14 -15 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1240 WEST THOMAS STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN - YEAR REAL PROPERTY TAX ABATEMENT FOR BOYD'S SERVICES 14 -16 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5024 WEST WESTERN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR BRIARCLIFF HEALTHCARE 14 -17 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 WEST CALVERT STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN - YEAR REAL PROPERTY TAX ABATEMENT FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC 14 -18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 NORTH MICHIGAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GREAT LAKES CAPITAL DEVELOPMENT 10. BILLS, FIRST READING BILL NO. 08 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 837 MINER STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 09 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1021 -1023 TALBOT STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 10 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1104 BISSELL STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 11 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1042 MINER STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 12 -14 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1012 TALBOT STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 13 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SECTION II OF ORDINANCE 10192 -12, TO ADD THE CATEGORY OF POLICE DEPARTMENT RECRUIT, AND TO FIX RECRUIT ANNUAL PAY 15 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (HILL AND COLFAX STREETS) 16 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (LASALLE HOTEL) 17 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 5 ENTITLED RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS 11. UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1. BILL NO. 03 -14 - REZONING AND SPECIAL EXCEPTION FOR 1912, 1918 AND 1924 EDISON RD B. REPORT FROM AREA BOARD OF ZONING APPEALS 1. BILL NO. 14 -19 - SPECIAL EXCEPTION FOR 117 N. MAIN STREET 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17 ARTICLE 2, SECTION 17 -27.1 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE WASTE DISCHARGE RATE FROM $0.06 TO $0.151 PER GALLON STATEMENT OF PURPOSE AND INTENT On November 11, 2013, the South Bend Common Council passed Ordinance #10271 -13 which reinserted Chapter 17, Article 2, Section 17.27.1 into the South Bend Municipal Code. That Section of the Municipal Code had been inadvertently eliminated in 2011 by a previous Municipal Code revision which was required by the federal Environmental Protection Agency (EPA) under the Clean Water Act. When Chapter 17, Article 2 Section 17 -27.1 was reinserted in the South Bend Municipal Code in 2013, it retained the original charge of $0.06 per gallon to haulers of septic waste who desire to discharge such waste at the City's Wastewater Treatment Plant. That charge should be increased to $0.151 per gallon, consistent with Subsection (2) of Section 17.27.1, i.e., that "the rates and charges for hauled septic waste shall be subject to the same rate adjustments as unmetered sewage rate for Class I users as described in subsection 17- 21(b)." Applying the same adjustment to hauled septic rates as has been applied to unmetered Class I users, the result is a charge of $0.151 per gallon. This ordinance effectuates that change in rate. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 17, Article 2, Section 17 -27.1 subpart (c)(1) of the South Bend Municipal Code be and hereby is amended to read as follows: Sec. 17.-27.1. Hauled septic tank waste and similar liquid waste discharge requirements and rates. jc) Rates and charges. (1) Each hauler of septic tank waste shall be required to complete discharge records at the plant indicating the origin of location(s) for each tanker discharged. Charges shall be _,ix e_nts ($0.06) fifteen and one tenth cents ($0.151 per gallon on a full tanker basis. The hauler shall be charged the full tanker volume for each discharge, regardless of actual discharge volume, unless the City installs metering. At that time, charges shall be .,:—eeat;-($0466) fifteen and one tenth cents ($0.151) per gallon as metered. Section II. This Ordinance shall be in full force and effect from and after adoption by the Common Council and approval by the Mayor. Member, South Bend Common ouncil Attest: Slow of oil wly to P*ts�$ M1 oppoitunitj F pd;5s�uer � City Clerk of Presented by me to the Mayor of the City of South Bend, Indiana on the day 2014, at o'clock . m. City Clerk Approved and signed by me on the day of WIN 10 AT010 ),.. -"') - ('l PUBLIC HEARINP 15 rd REA.DIN6 NOT APPROW5 REFERRED PAS .`D 2014, at _o'clock Mayor, City of South Bend, Indiana Flied € ;: CITY OF SOUTm BEND PETE BUTTIGIEG, MAYOR .DEPARTMENT OF PUBLIC WORKS January 15, 2014 Mr. Oliver Davis President, South Bend Common Council 0 Floor, County -City Building South Bend, IN 46601 Re: Ordinance Amending the Rate for Hauled Septic Waste Dear President Davis: Attached is an ordinance to amend Chapter 17, Article 2, Section 17 -27.1. This Section sets the rate for septic haulers to when dumping their septage at our Wastewater Treatment Plant. It was inadvertently eliminated in 2011 during a prior revision to Chapter 17. Section 17 -27.1 was reinserted in 2013, but the rate included at that time did not reflect the sewage rate adjustments that had occurred since 2004. The 2004 rate was set at $.06 per gallon. This amendment increases the rate to $0.151 per gallon, consistent with Subsection (2) of 17 -27.1 and sewage rate increases that have occurred since the last amendment to Section 17 -27.1 in 2004. Either Al Greek or I will present this ordinance at the Council's Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Eric Horvath Director of Public Works 4 Al l') •' •r ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND FURTHER APPROPRIATING $972,500.00 FROM COIT FUND ( #404) TO PARTICIPATE IN A COMPRESSED NATURAL GAS FUELING FACILITY PROJECT AND ITS OPERATION PURSUANT TO THE INTERLOCAL AGREEMENT STATEMENT OF PURPOSE AND INTENT The South Bend Public Transportation Company ( "TRANSPO ") is a political subdivision of the State of Indiana, and the recipient of a grant from the United States Department of Energy to design, develop, and construct a Compressed Natural Gas (CNG) fueling station and facility on the site of TRANSPO's headquarters at 1401 South Lafayette Boulevard, near downtown South Bend, Indiana. The City of South Bend (the City) desires to, and would greatly benefit from partnering with TRANSPO in the furtherance of this CNG fueling station and facility project. Such a project is within the scope of Indiana Code Section 36 -1 -7 -1 et. Seq. which provides for Interlocal Cooperation between one or more governmental entities, and the Project as described constitutes an economic development project under I.C. 36- 1 -7 -11.5 because it involves "transportation services [and) transportation infrastructure ". As early as 2010, the City began pursuing use of CNG for use in transportation fuel, and in 2013 the City acquired four solid waste trucks which use CNG exclusively. The cost of fuel for these trucks has been closely monitored and it is substantially lower than the cost of gasoline (presently a cost of $.73 per diesel gallon equivalent). Moreover, CNG is environmentally cleaner with reduced emissions in all categories, and it is a domestic fuel, which reduces security risks to the country Partnership with TRANSPO on the fuel station and facility is expected to further reduce the City's transportation fuel costs, as the City expands its use of CNG fueled vehicles. The proposed Interlocal Agreement herein as Exhibit A constitutes an equal TRANSPO for costs and benefits. It is investment within 60 months of operation. which is attached hereto and incorporated (50150) partnership between the City and estimated the City will recoup its entire Approval of this Interlocal Agreement is in the best economic and environmental interests of the City and its citizens, and appropriation of the sum of Nine Hundred Seventy -Two Thousand Five Hundred dollars ($972,500) which is the City's contribution to the CNG fueling station construction Project contemplated by the Interlocal Agreement, is a sound investment for the City. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The proposed Interlocal Agreement attached hereto and incorporated herein as Exhibit A is hereby and in all ways approved, and upon its signature by the Mayor of South Bend, and approval by the fiscal body of TRANSPO, it shall be filed with the Mayor of South Bend and with the St. Joseph County Auditor. SECTION II. The sum of Nine Hundred Seventy-Two Thousand Five Hundred Dollars ($972,500) is hereby appropriated from and set aside within County Option Income Tax (COIT) Fund 4404 for City's required contribution to the costs of participating in the construction of a Compressed Natural Gas (CNG) fueling station and facility at 1401 South Lafayette Boulevard, South Bend, Indiana, pursuant to the Interlocal Agreement between the City and the South Bend Public Transportation Corporation ( TRANSPO) which is Exhibit A hereto. SECTION III. Pursuant to Ind. Code 36 -1 -7 -11.5, the appropriated sum shall be paid to TRANSPO per the terms and conditions of the Interlocal Agreement (Exhibit A). SECTION IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any notice or filing required by law. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock . m. City Clerk Approved and signed by me on the _ day of o'clock . m. Mayor, City South Bend, Indiana Isr RlADIR1 24d`( x PUBLIC- HEARIF?G ,Ord PEADING NOT APPROVM RF..FCkRCD. PASS2D 2014, at Filed in ; iffCe FAN 15,14013 CITY CL&A", ?r.r #.'TH bi -Li 3, IN CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS January 22, 2014 Mr. Oliver Davis President, South Bend Common Council 4 t Floor, County -City Building South Bend, IN 46601 Re: A Bill to Approve TRANSPO Interlocal Agreement and To Appropriate Funds for Compressed Natural Gas Fueling Station Dear President Davis: Attached is an ordinance which approves an Interlocal Agreement with TRANSPO for the construction and operation of a Compressed Natural Gas (CNG) Fueling Station and which appropriates $972,500 for the City's share of this interlocal government project. South Bend has been using CNG exclusively in four solid waste trucks purchased by the City in 2013, and the fuel costs of these trucks have been closely monitored. Substantial savings has been achieved; presently the cost of CNG is about $.73 per diesel gallon equivalent. Moreover, CNG is environmentally cleaner with reduced emissions in all categories. The South Bend Public Transportation Company ( TRANSPO) has received a federal grant from the U.S. Department of Energy to design, develop and construct a CNG fueling station and facility. It is desirable that the City of South Bend enter an interlocal partnering agreement to construct and share the costs and benefits of such facility. The City's share is $972,500, to be appropriated from COIT funds, and it is estimated that the City will recoup its entire investment within 60 months of the CNG facility's operation. At this time the ordinance is being submitted without the Interlocal Agreement which is in the process of final draft. I will provide the Council with the proposed Interlocal Agreement well in advance of the second and third reading of this Bill. CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS I will present this Ordinance to the Council at its appropriate Committee meeting and at the Council's public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. c: Kathryn Roos Jonathan Burke John Murphy Sincerely, Eric C Director, Public Works S:ia € . If C17Yiir:r.:.. 1200 CouN -CIrY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CRISTAL C. BRISCo CORPORATION COUNSEL CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF LAW February 7, 2014 PHONE 574/235 -9241 Fax 574/235 -7670 ALADFAN M. DRRosE CITY ATTORNEY Mr. Oliver Davis President, South Bend Common Council �( '{j� ��� -� A3, J I ` 4 °i Floor, County -City Building South Bend, IN 46601 Re: Bill #05 -14 to Approve TRANSPO Interlocal Agreement and To Appropriate Funds for Compressed Natural Gas Fueling Station Dear President Davis: As you know, when the above described ordinance was filed with the South Bend Common Council, it did not include a copy of the Interlocal Agreement to be approved by the Council. That is because the City's Legal Department was then working with TRANSPO's counsel on a final draft containing mutually agreeable terms. I am now pleased to provide the Common Council with the Interlocal Agreement containing terms of the Compressed Natural Gas (CNG) fueling station project with TRANSPO as agreed between the City and TRANSPO. Upon approval of this Agreement by the Common Council, it will be signed by Mayor Buttigieg as provided by law, and I understand that TRANSPO's Board will then approve it so it can be signed by TRANSPO's authorized representative. Please note that the attached Agreement provides primarily for the construction phase of the project and that once the CNG station is constructed, the parties will execute an addendum containing more details about the operation of the station under the general parameters, terms and conditions of the attached Agreement. Sincerely Aladean M. DeRose City Attorney c: Eric Horvath Cristal Brisco ss` i9led in Q`sOe&u" tif� Jamie C. Woods Kathryn Roos Jonathan Burke John Murphy L CITY 4O i CI CL€ CHERYL A. GREENE. ANN - CAROL. NASH CARRIE GAINES CORY HAmRL I.AWRFNCF. J. METEIVER TASHA REED OUTLAW ,JEFFREY L. SANFORD Compressed Natural Gas Fueling Facility Funding, Development and Operation Interlocal Agreement between The City of South Bend, Indiana And The South Bend Public Transportation Corporation This Compressed Natural Gas Fueling Facility Funding, Development and Operation Agreement (the "Agreement ") is made entered into this — day of 2014 between the City of South Bend (the "City") and the South Bend Public Transportation Corporation ( "TRANSPO "). Recitals A. The City and TRANSPO are both political subdivisions organized and existing pursuant to the laws of the State of Indiana and St. Joseph County, Indiana. B. The parties, pursuant to Indiana Code § 36 -1 -7, et. seq. are empowered to enter into an Interlocal Agreement with one another for joint or cooperative action of any power or powers, privileges, projects or authority, exercised or capable of being exercised individually by such public agencies, and to cooperate in furtherance of such joint action. C. TRANSPO, is the recipient of a Grant from the United States Department of Energy. The Department of Energy Grant number is DE-EE 001972 (the "Grant "). D. The Grant is issued for TRANSPO to design, develop and construct a compressed natural gas fueling station and facility at TRANSPO's headquarters located at 1401 S. Lafayette Blvd., South Bend, St. Joseph County, Indiana 46624. E. The Department of Energy selected TRANSPO, through its grant selection process, to receive the Grant funding in the approximate amount of $951,500.00. F. The City and TRANSPO would like to partner on any and all further applications to fund the design, development and construction of the compressed natural gas fueling station and facility at TRANSPO's location for their mutual use and benefit. G. This Agreement is being entered to facilitate the design, development and construction of the compressed natural gas fueling station facility, and to provide the terms and conditions by which the parties agree to utilize the funds allocated by the support of the project set forth herein. H. Additionally, the City and TRANSPO enter into this Agreement to provide the initial framework for the allocation and distribution of any and all profits that might be generated from the sale of compressed natural gas at the facility to third parties. The City and TRANSPO agree that they will negotiate the terms of a separate agreement that sets forth in greater detail the parties' respective responsibilities concerning the daily operation of the facility; the specifics concerning the manner of operating the facility; the allocation of profits from the facilities' operation, and the management structure of the operational facility. NOW, THEREFORE, in consideration of mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. PURPOSE OF AGREEMENT AND GRANT OF DEPARTMENT OF ENERGY FUNDS. Through this Agreement, TRANSPO agrees to use the Grant funds from the United States Department of Energy in the amount of $951,500.00 exclusively for the design, development and construction of a compressed natural gas fueling station facility to be located at TRANSPO's headquarters on 1401 South Lafayete Boulevard, South Bend, St. Joseph County, Indiana 46224, which facility shall benefit both Transpo and the City in promoting fuel economy, efficiency, and environmental protection. SECTION 2. THE CITY'S RESPONSIBILITIES. A. The City agrees to contribute capital contribution exclusively towards the design, development and construction of the compressed natural gas fueling station facility in the maximum amount of Nine Hundred Seventy -two Thousand Five Hundred Dollars and 00 /100 ($972,500.00). This amount shall be paid by the City as set forth herein subject to approval of the City's fiscal body, the South Bend Common Council. SECTION 3. TRANSPO'S RESPONSIBILITIES. A. TRANSPO agrees to construct the compressed natural gas fueling station facility pursuant to the technical specifications identified in a Request for Proposal to be developed by TRANSPO with consultation by the City. B. TRANSPO shall be solely responsible for all work related to the design, development and construction of the compressed natural gas fueling station facility contemplated by this Agreement including but not limited to: (1) design work; (2) issuing and/or obtaining all permits, licenses, easements, and approvals necessary to perform the construction work; (3) construction work; and (4) contract administration and payment of all fees, wages, and other costs. "Construction work" shall include, but is not limited to, all demolition, removal, excavation, production, construction, repair or other work necessary to develop the improvements. C. The City will reimburse TRANSPO as set forth herein this Agreement for a portion of these costs. D. TRANSPO shall require any contractor(s) it hires to obtain and maintain primary coverage for Commercial General Liability, Professional Liability, Environmental Liability and Commercial Automobile Liability insurance in amounts required by TRANSPO and the City for other construction projects of similar size and cost. All insurance shall include the City and TRANSPO and their respective officers, officials, agents, and employees as additional insureds and shall contain "severability of interest" (cross liability) wording. The contractor's insurance shall be primary to and not contributing with any insurance or self - insurance, which may be carried by the City and/or TRANSPO. E. Upon completion of all improvements and the acceptance by parties, the title and ownership of the same shall become the property of TRANSPO and TRANSPO shall be responsible for their operation, use, cleaning, utilities, maintenance, repair and replacement as necessary for each improvement's useful life. TRANSPO may assign responsibility for tasks such as cleaning, maintenance, repair or replacement of some or all of the improvements to a third party. F. The City and TRANSPO agree that in the event the costs associated with the design and construction of the facility exceeds the contribution by the City and the Grant received by TRANSPO, the parties shall negotiate a mutual agreement setting forth the allocation of all additional costs, including the parties' obligations concerning any required local match of funds. SECTION 4. REIMBURSEMENT OF ELIGIBLE COSTS AND REPORTING. A. Payment of Funds Committed Under This Agreement 1. TRANSPO shall invoice the City for any costs incurred pursuant to this Agreement. The invoices shall be submitted on a monthly basis and will include supporting documentation. The invoices shall show the total amount expended during the billing period and will seek reimbursement of eligible costs from the City up to the maximum total reimbursable amount of $972,500.00. 2. TRANSPO agrees to provide the City with monthly progress reports regarding the design, development and construction of the facility. TRANSPO also agrees to make facility available during all stages of design, development and construction for inspection by the City, the City's designated officials or representatives, during normal business hours. B. During the final design and construction of the improvements, TRANSPO shall submit documentation to support its invoices consisting of project expense reports from TRANSPO financial system and invoices from any contractors and consultants documenting direct costs incurred by TRANSPO on this Project. C. Within thirty (30) days of its approval of an invoice from TRANSPO, the City shall reimburse TRANSPO for all reimbursable project costs. SECTION 5. GENERAL DURATION AND INITIAL OPERATIONAL AGREEMENT A. The City and TRANSPO enter into this Agreement to provide the initial framework for the allocation and distribution of any and all profits that might be generated from the sale of compressed natural gas at the facility to third parties. The City and TRANSPO agree that within a reasonably prompt time after the facility is constructed and ready for operation they will negotiate the terms of a separate agreement that sets forth in greater detail the parties' respective responsibilities concerning the operation and management structure of the facility; the specifics concerning the operation of the facility; and the allocation of profits from the facilitiy's operation. It is the parties' intent that the terms of their Agreement remain and endure for as long as the compressed natural gas facility is operated for its intended purpose of selling and distributing compressed natural gas. B. Initially and subject to a more formal agreement as set forth above, the City and TRANSPO agree that the parties shall contribute evenly (50% to each party) to the costs of the operation of the facility. C. The City and TRANSPO agree that TRANSPO shall have the ability, after consultation with the City, to engage a third party entity experienced with operation of CNG facilities to operate the fueling station. The costs of engaging the third -party to operate the facility shall be split evenly (50% to each party) between the parties. D. The parties shall split evenly (50% to each party) any profits the fueling facility generates. Prior to the distribution of any profits, the parties agree that TRANSPO shall set aside an agreed amount of the proceeds from every unit of gas sold into a dedicated maintenance fund that will be used to maintain the facility. F1 E. E. The Management Structure for oversight of the facility after its construction will involve either administration through a separate legal entity, or by a joint board composed of representatives of the City and TRANSPO. SECTION 6. COMPLIANCE WITH LAWS. The parties shall comply with all applicable federal, state, and local laws and regulations in performing under this Agreement including all Federal Transit Administration ( "FTA ") Regulations. SECTION 7. LEGAL RELATIONS. A. This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. This Agreement is formed solely as an interlocal cooperation project under IC 36 -1 -7. B. This Agreement shall be interpreted in accordance with the laws of the State of Indiana in effect on the date of execution of this Agreement. The Circuit or Superior Courts of St. Joseph County, Indiana shall have exclusive jurisdiction and venue over any legal action arising under this Agreement between the City and TRANSPO. C. Each party shall be solely and completely responsible for all acts and omissions of its employees, volunteers and all other such persons acting on its exclusive behalf. TRANSPO acknowledges that the City shall have no responsibility for overseeing or monitoring the performance of the work on the project. D. The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement. SECTION S. TERMINATION AND DISPOSITION OF ASSETS UPON TERMINATION. A. This Agreement shall take effect upon its signing by both parties. Either party may terminate this Agreement in the event the other fails to perform a material obligation under this Agreement, and such failure has not been corrected to the reasonable satisfaction of the other in a timely manner after notice of breach has been provided to such other party. Notice of termination of this Agreement shall be given by the party terminating this Agreement to the other party not less than thirty (30) days prior to the effective date of termination. B. If the facility to be constructed under this Agreement ceases to or fails to operate for reasons unrelated to performance of either parry, then, if the terms and conditions of the Department of Energy Grant and Federal Transit Administration rules or regulations permit, the assets of the facility may be transferred by agreement to a similar governmental entity. If sale occurs, or consideration for the assets is given or required upon any transfer or disposition of the facility or its parts, the net proceeds shall be divided equally between the parties unless expressly prohibited by the terms or conditions of the Department of Energy Grant or Federal Transit Administration rules or regulations. SECTION 9. RECORD KEEPING. TRANSPO shall keep accurate records of all activities and expenditures conducted and incurred under this Agreement and report progress in achieving the performance measures identified by TRANSPO and the City. SECTION 10. AUDITS, INSPECTIONS and RETENTION OF RECORDS. The Department of Energy, the City and the State Auditor of Indiana, and any of their representatives shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of TRANSPO's records with respect to all matters covered by this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all Agreements, invoices, materials, payrolls, and other matters covered by or related to this Agreement. SECTION 11. FEDERAL REQUIREMENTS. A. This Agreement is subject to a financial assistance between the City and TRANSPO which includes provisions of the financial assistance agreement between the City and TRANSPO and the Department of Energy or the FTA. The City shall comply with all applicable federal laws, regulations, policies, procedures and directives, including but not limited to the following, which are attached hereto and incorporated herein by this reference: 1. The requirements and obligations imposed on TRANSPO by the Department of Energy through the Grant. 2. Applicable Department of Energy Third Party Contract Provisions. 3. Debarment and Suspension certification. B. New federal laws, regulations, policies, procedures and directives may be adopted after the date this Agreement is established and may apply to this Agreement. TRANSPO agrees to accept and comply with all applicable laws, regulations, policies, procedures and directives as may be amended or promulgated from time to time during the term of this Agreement. 3 C. TRANSPO shall not perform any act, fail to perform any act, or refuse to comply with any requests by the City which would cause the City to be in violation of any federal, state or local law. D. TRANSPO and the City acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of this solicitation or award of this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to TRANSPO, City or any other party (whether or not a party to this Agreement or any Agreement awarded pursuant thereto) pertaining to any matter resulting from this Agreement. E. TRANSPO agrees to extend application of the federal requirements to its subrecipients or contractors, and their respective subcontractors, by including this Section and the related exhibits in each contract and subcontract TRANSPO awards under this Agreement financed in whole or in part with Federal assistance provided by Department of Energy. It is further agreed that this Section shall not be modified, expect to change the names of the parties to reflect the subrecipient or contractor which will be subject to its provisions. SECTION 12. CIVIL RIGHTS. The following requirements apply to the underlying Agreement and TRANSPO's performance of the design, development and construction of the facility: A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended,42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements Department of Energy may issue. B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 7 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements Department of Energy may issue. 2. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements Department of Energy may issue. 3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, 'Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements Department of Energy may issue. C. TRANSPO also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by Department of Energy, modified only if necessary to identify the affected parties. SECTION 13. SUCCESSION. This Agreement, together with all exhibits now or hereafter made a part, shall be binding on the parties and their respective heirs, executors, administrators, successors and assigns. SECTION 14. ASSIGNMENTS. Neither this Agreement nor any interest herein may be assigned by TRANSPO and the City without the prior written consent of the parties . SECTION 15. NOTICE REQUIREMENTS. Any notice given under this Agreement shall be in writing and given by sending such notice by registered mail, return receipt requested, with postage prepaid, addressed as follows, or at such other address as the party to be notified shall have last directed in writing, or by serving said notice personally. TRANSPO: David Cangany General Manager 1401 S. Lafayette Blvd. South Bend, Indiana 46624 UITOI Jamie C. Woods, Esq. General Counsel for TRANSPO 420 Lincolnway West P.O. Box 1210 Mishawaka, Indiana 46546 -1210 CITY: Pete Buttigieg, Mayor 227 W. Jefferson Blvd. Suite 1400 N South Bend, IN 46601 and Cristal Brisco Corporation Counsel 227 W. Jefferson Blvd. Suite 1200 S South Bend, Indiana 46601 The effective date of notice shall be the date of personal service or the date of receipt as shown on the return receipt, as applicable. SECTION 16. AMENDMENT and EXTENSION. This Agreement and the exhibits now or hereafter a part of this Agreement shall not be deemed amended in any manner unless such amendment is in writing and signed by a duly authorized representative of each party. SECTION 17. SEVERABILITY. If any portion of this Agreement is ruled by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall not be affected thereby and shall remain in full force and effect. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed by a duly authorized representative. me (-Aty or Mouth Bend, M Pete Buttigieg, Mayor Chairman, South Bend Public Transportation Corporation General Manager, South Bend Public Transportation Corporation ATTEST: Secretary, South Bend Public Transportation Corporation Y YPIs...__ _ 10 { C[7YlvBa:rs. tt'! �. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE TEAMSTER EMPLOYEE WAGE ORDINANCE (No. 10267 -13) TO CORRECT THE ATTACHED SCHEDULE OF POSITIONS AND WAGE RATES STATEMENT OF PURPOSE AND INTENT On October 30, 2013, the Common Council approved Ordinance No 10267 -13 fixing the maximum wages of Teamster Employees for calendar years 2014 through 2016 inclusive ( "the Teamster Wage Ordinance 2014 - 2016). Since passage of the Teamster Wage Ordinance 2014 -2016, the City Administration has identified three errors contained in the original attachment to the Ordinance which were unintended and inconsistent with the terms of the final, ratified collective bargaining agreement between the City of South Bend and Teamsters Local Union No. 364. This Ordinance amends the Attachment to Ordinance No. 10267 -13. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. The Attachment to Teamster Wage Ordinance 2014 -2016 (No. 10267 -13) is amended, and the Amended version is now attached hereto and incorporated herein as Exhibit A. SECTION II. All other terms, conditions, and Sections of the Teamster Wage Ordinance 2014 -2016 (No. 10267 -13) shall remain in full force and effect. SECTION III. After passage by the Common Council and approval by the Mayor, this Ordinance shall be given effect as of January 1, 2014. Attest: City Clerk V. r- C � k-- Member of the Common G6uncil Vo(n 01 as ug is only to provide 0 opporgs 4 for public hearing end Gourd Eton on this mueo Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock . m. City Clerk Approved and signed by me on the day of o'clock . m. I'si READING 2- -Lb -4 PUBLIC HEARING 0 rd REARING NOT APPROVED REEd;RR`:f? I" %1SSrjI% , 2014, at Mayor, City of South Bend, Indiana s Aid ?:.'2013 ? d j r 2014 Teamster Wage Rates for Salary Ordinance Page 103 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Hourly Pay Rate Levels January 15, 2014 Amended 2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase TRAFFIC AND LIGHTING DEPARTMENT Staff Positions: Group Leader- Traffic & Lighting 17.39 17.74 2% 18.09 2% 18.45 2% Operations Technician 16.71 - 17.04 2% 17.39 2% 17.73 2% Sign Artist 17.50 17.85 2% 18.21 2% 18.57 2% Sign Artist - Job Leader (new position in 2011) 18.73 19,10 2% 19.49 2% 19.88 2% Signal Technician 1 17.31 17.66 2% 18.01 2% 18.37 2% Signal Technician It 18.07 18.43 2% 18.80 2% 19.18 2% Si nal Technician II -Job Leader 18.73 19.10 2% 19.49 2% 19.88 2% BUILDING MAINTENANCE Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17,48 20% General Laborer (Bldg Janitors) 15.11 15.41 2% 15.72 2% 16.03 2% Maintenance Technician I (Bldg. En 19.28 19.67 2% 20.06 2% 20.46 2% PARK AND RECREATION DEPARTMENT Staff Positions: Arborist 1 18.20 18.56 2% 18.94 2% 19.31 2% Arborist II 19.77 20.17 2% 20.57 2% 20.98 2% Arborist/Weed Control 17.50 17.85 2% 18.21 2% 18.57 2% Asst Greens Superintendent 17.76 18.12 2% 18.48 2% 18.85 2% Athletic Field Maintenance 16.57 16.90 2% 17.24 2% 17.58 2% Bldg Mtce - Custodian & Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Bldg & Structural Maintenance 1 19.07 19.45 2% 19.84 2% 20.24 2% Bldg & Structural Maintenance II 1937 20.17 2% 20.57 2% 20.98 2% Construction Maintence / Carpenter 1 18.48 18.85 2% 19.23 2% 19.61 -2% Construction Maintenance /Carpenter II 19.07 19.45 2% 19.84 2% 20.24 2% Construction Maintenance / Carpenter IN 19.77 20.17 2% 20.57 2% 20.98 2% Construction Maintence / Mason 19.07 19.45 2% 19.84 2% 20.24 2% Construction Maintenance / Welder 19.07 19.45 2% 19.84 2% 20.24 2% Dietician 15.76 16.08 2% 16.40 2% 16.72 2% Electrician - Park 19.77 20.17 2% 20.57 2% 20.98 2% Equipment Operator 11 - Park 16.39 16.72 2% 17.05 2% 17.39 21/6 General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Group Leader - Recreation 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader- Street Island 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Leeper 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Plaza 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Custodian 17.50 17.85 2% 18.21 2% 18.57 2% Head Custodian 15.76 16.08 2% 16.40 2% 16.72 2 %' Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Zoo Keeper 1 - 15.11 15.41 2% 15.72 2% 16.03 2% Zoo Keeper II 15.93 16.25 2% 16.57 2% 16.91 2% Zoo Keeper 111 16.57 16.90 2% 17.24 2% 17.58 2% Zoo Keeper IV 17.50 17.85 2% 18.21 2% 18.57 2% Zoo Keeper/ Grower 17.50 17.85 2% 18.21 2% 18.57 2% Mechanic IV - Park - Garage 17.96 18.62 4% 18.99 2% 19.37 2% Mechanic IV - Park - Golf 17.96 18.62 4% 18.99 2% 19.37 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Painter IV 17.96 18.32 2% - 18.69 2% 19.06 2% Plumber IV - Park 19.77 20.17 2% 20.57 2% 20.98 2% Veterinarian Tech 18.20 18.56 2% 18.94 2% 19.31 2% Zoo Maintenance 1 16-571 16.90 2% 1 17.24 2% 17.58 2% 2014 Teamster Wage Rates for Salary Ordinance Page 103 2014 Teamster Wage Rates for Salary Ordinance Page 2 073 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Hourly Pay Rate Levels January 15, 2014 Amended 2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase STREET DEPARTMENT Staff Positions: Equipment Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Equipment Operator 11 16.48 16.81 2% 17.15 2% 17.49 2% Equipment Operator III 17.12 17.46 2% 17.81 2% 18.17 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 18.56 20% 18.94 20%1 19.31 2% Job Leader (1 18.73 19.10 200 19.49 20/16 19.88 2% EQUIPMENT SERVICES Staff Positions: - Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% Body Repair IV 18.26 18.63 2% 19.00 2% 19.38 2% Body Repair V 19.27 19.66 2% 20.05 2% 20.45 2% General Laborer (Janitor) 15.11 15.41 2% 15.72 2% 16.03 2% Machinist IV 18.26 18.63 2% 19.00 2% 19.38 2% Machinist V 19.27 19.66 2% 20.05 2% 20.45 2% Mechanic III - 17.42 17.77 2% 18.12 2% 18.49 2% Mechanic IV 18.25 18.62 2% 18.99 2% 19.37 2% Mechanic V 19.27 19.66 2% 20.05 2% 20.45 2% Parts Clerk 1 16.43 16.76 2% 17.09 2% 17.44 2% Parts Clerk 11 (2) 17.17 17.27 1% 17.62 2% 17.97 2% SOLID WASTE Staff Positions: Driver 17.10 17.44 2% 17.79 2% 18.15 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator 11 16.24 16.56 2% 16.90 2% 17.23 2% Equipment Operator III (Code) 16.73 17.06 2% 17.41 2% 17.75 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Picker 1 16.34 16.67 2% 17.00 2% 17.34 2% Picker II 16.72 17.05 2% 17.40 2% 17.74 2% ORGANIC RESOURCES Staff Positions: Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator If 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 19.00 19.38 2% 19.77 2% 20.16 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% WASTEWATER Staff Positions: CSO Rep 1 17.46 17.81 2% 18.17 2% 18.53 2% CSO Rep 11 18.20 18.56 2% 18.94 2% 19.31 2% Dewater Operator 18.20 18.56 2% 18.94 2% 19.31 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Janitor 15.21 15.51 2% 15.82 2% 16.14 2% Lift Station - Rep 1 18.20 18.56 2% 18.94 2% 19.31 2% Lift Station - Rep 11 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician 1 17.14 17.48 2% 17.83 2% 18.19 2% Maintenance Electrician II 17.50 17.85 2% 18.21 2% 18.57 2% Maintenance Electrician III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician IV 19.72 20.11 2% 20.52 2% 20.93 2% Maintenance Electrician V 20.46 20.87 2% 21.29 2% 21.71 2% Maintenance Lead 21.22 21.64 2% 22.08 2% 22.52 2% Maintenance Repair 1 17.46 17.81 2% 18.17 2% 18.53 2% 2014 Teamster Wage Rates for Salary Ordinance Page 2 073 2014 Teamster Wage Rates for Salary Ordinance Page 3 or3 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Hourly Pay Rate Levels January 15, 2014 Amended 2D13 2014 2.0% 2015 2.0 .0'l 2016 2.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase Maintenance Repair II 18.20 18.56 2% 18.94 2% 19.31 2% Maintenance Repair III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Repair IV 19.72 20.11 2% 20.52 2% 20.93 2% Operator - General 18.20 18.56 2% 18.94 2% 19.31 2% Operator - Lead 21.22 21.64 2% 22.08 2% 22.52 2% Operator - Senior 18.97 19.35 2% 19.74 2% 20.13 2% Operator I - Wastewater 16.63 16.96 2% 17.30 2% 17.65 2% Relief Operator 16.71 17.04 2% 17.39 2% 17.73 2% Sanitation Operator 15.88 16.20 2% 16.52 2% 16.85 2% SEWER DEPARTMENT Staff Positions: Curb & Sidewalk Finisher (3) 18.50 18.87 2% 19.25 2% 19.64 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Job Leader 19.15 19.53 2% 19.92 2% 20.32 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.48 16.81 2% 17.15 2% 17.49 2% Operator III 16.57 16.90 2% 17.24 2% 17.58 2% WATER WORKS Staff Positions: Auditor I - Barg. 16.30 16.63 2% 16.96 2% 17.30 2% Auditor 11 - Barg. 17.37 17.72 2% 18.07 2% 18.43 2% Auditor III - Barg. 18.75 19.13 2% 19.51 2% 19.90 2% Auditor lV - Barg. 19.13 19.51 2% 19.90 2% 20.30 2% Clerk Dispatcher III 16.81 17.15 2% 17.49 2% 17.84 2% Shut off Clerk 15.05 15.35 2% 15.66 2% 15.97 2% Courier /Supply Clerk 16.55 16.88 2% 17.22 2% 17.56 2% Crew Chief 16.51 16.84 2% 17.18 2% 17.52 2% Customer Service & Billing - 15.33 15.64 2% 15.95 2% 16.27 2% Data Processor 16.93 17.27 2% 17.61 2% 17.97 2% Engineering Aide III 18.02 18.38 2% 18.75. 2% 19.12 2% Field Repairman /Insp I 17.78 18.14 2% 18.50 2% 18.87 2% Field Repairman / Insp II 18.02 18.38 2% 18.75 2% 19.12 2% Field Repairman / Insp III 18.24 18.60 2% 18.98 2% 19.36 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Group Leader- Water Works 17.96 18.32 2% 18.69 2% 19.06 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.41 18.78 2% 19.15 2% 19.54 2% Janitor 15.21 15.51 2% 15.82 2% 16.14 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Machinist 18.02 18.38 2% 18.75 2% 19.12 2% Maintenance Tech - Helper 15.53 15.84 2% 16.16 2% 16.48 2% Maintenance Tech 1 16.53 16.86 2% 17.20 2% 17.54 2% Maintenance Tech 11 16.99 17.53 3% 18.08 3% 18.64 3% Meter Serviceman 111 16.19 16.51 2% 16.84 2% 17.18 2% Meter Serviceman IV 16.81 17.15 2% 17.49 2% 17.84 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.24 16.81 4% 17.15 2% 17.49 2% Operator 111 16.57 16.90 2% 17.24 2% 17.58 2% Payment Processor - Lead 15.43 15.74 2% 16.05 2% 16.37 2% Utility Operator 15.23 15.53 2% 15.85 2% 16.16 2% Changes from Ordinance No 10267 -13 passed October 30 2013 (1) - rate of $18.73 per hour during 2013. Increase by 2% each year for 2014 through 2016. (2) - actual rate paid of $16.93 per hour during 2013. Increase by 2% each year for 2014 through 2016. (3) - rate of $18.50 per hour during 2013. Increase by 2% each year for 2014 through 2016. 2014 Teamster Wage Rates for Salary Ordinance Page 3 or3 2014 Teamster Wage Rates for Salary Ordinance Page 1 of 3 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Maximum Hourly Pay Rate Levels October 30, 2013 Original 2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase TRAFFIC AND LIGHTING DEPARTMENT Staff Positions: Group Leader - Traffic & Lighting 17.39 17.74 2% 18.09 2% 18.45 2% Operations Technician 16.71 17.04 2% 17.39 2% 17.73 2% Sign Artist 17.50 17.85 2% 18.21 2% 18.57 2% Sign Artist - Job Leader (new position in 2011) 18.73 19.10 2% 19.49 2% 19.88 2% Signal Technician 1 17.31 17.66 2% 18.01 2% 18.37 2% Signal Technician II 18.07 18.43 2% 16.50 2% 19.18 2% Signal Technician II -Job Leader 18.73 19.10 2% 19.49 2% 19.88 2% BUILDING MAINTENANCE Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% General Laborer (Bldg Janitors) 15.11 15.41 2% 15.72 2% 16.03 2% Maintenance Technician I Bldg. Eng. 19.28 19.67 2% 20.06 2% 20.46 2% PARK AND RECREATION DEPARTMENT Staff Positions: Arborlst 1 18.20 18.56 2% 18.94 2% 19.31 2% Arborist II 19.77 20.17 2% 20.57 2% 20.98 2% Arborist/Weed Control 17.50 17.85 2% 18.21 2% 18.57 2% Asst Greens Superintendent 17.76 18.12 2% 18.48 2% 18.85 2% Athletic Field Maintenance 16.57 16.90 2% 17.24 2% 17.58 2% Bldg Mice - Custodian & Laborer - 15.11 15.41 2% 15.72 2% 16.03 2% Bldg & Structural Maintenance 1 19.07 19.45 2% 19.84 2% 20.24 2% -- Bldg & Structural Maintenance II 19.77 20.17 2% 20.57 2% 20.98 2% Construction Maintence / Carpenter 1 18.48 18.85 2 %. 19.23 2% 19.61 2% Construction Maintenance /Carpenter 11 19.07 19.45 2% 19.84 2% Construction Maintenance / Carpenter III 19.77 20.17 2% 20.57 2% 20.24 20.98 2% 2% Construction Maintence / Mason 19.07 19.45 2% 19.84 2% 20.24 2% Construction Maintenance / Welder 19.07 19.45 2% 19.84 2% 20.24 2% Dietician 15.76 16.08 2% 16.40 2% 16.72 2% Electrician - Park 19.77 20.17 2% 20.57 2% 20.98 2% Equipment Operator II - Park 16.39 16.72 2% 17.05 2% 17.39 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Group Leader. Recreation 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader- Street Island 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Leeper 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Plaza 17.50 17.85 - 2% 18.21 2% 18.57 2% Group Leader- Custodian 17.50 17.85 2% 18.21 2% 18.57 2% Head Custodian 15.76 16.08 2% 16.40 2% 16.72 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator If 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Zoo Keeper[ 15.11 15.41 2% 15.72 2% 16.03 2% Zoo Keeper 11 15.93 16.25 2% 16.57 2% 16.91 2% Zoo Keeper III 16.57 16.90 2% 17.24 2% 17.58 2% Zoo Keeper IV 17.50 17.85 2% 18.21 2% 18.57 2% Zoo Keeper/ Grower 17.50 17.85 2% 18.21 2% 18.57 2% Mechanic IV - Park - Garage 17.96 18.62 4% 18.99 2% 19.37 2% Mechanic IV - Park - Golf 17.96 18.62 4% 18.99 2% 19.37 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% PainterlV 17.96 18.32 2% 18.69 2% 19.06 2% Plumber IV - Park 19.77 20.17 2% 20.57 2% 20.98 2% Veterinarian Tech 18.20 18.56 2% 18.94 2% 19.31 2% Zoo Maintenance 16.57 16.90 2% 17.24 2% 17.58 2% 2014 Teamster Wage Rates for Salary Ordinance Page 1 of 3 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Maximum Hourly Pay Rate Levels October 30, 2013 Original .2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate $ Rate $ Increase I Rate $ Increase Rate $ Increase Staff Positions: Equipment Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Equipment Operator II 16.48 16.81 - 2% 17.15 2% 17.49 2% Equipment Operator III 17.12 17.46 2% 17.81 2% 18.17 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 - 18.56 2% 18.94 2% 19.31 2% Job Leader _ 18.73 2% 19.10 2 °u I a ao ont Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% Body Repair IV 18.26 18.63 2% 19.00 2% 19.38 2% Body Repair 19.27 19.66 2% 20.05 2% 20.45 2% General Laborer (Janitor) 15.11 15.41 2% 15.72 2% 16.03 2% Machinist IV 18.26 18.63 2% 19.00 2% 19.38 2% Machinist V 19.27 19.66 2% 20.05 2% 20.45 2% Mechanic III 17.42 17.77 2% 18.12 2% 18.49 2% Mechanic IV 18.25 18.62 2% 18.99 2% 19.37 2% Mechanic V 19.27 19.66 2% 20.05 2% 20.45 2% Parts Clerk 1 16.43 16.76 2% 17.09 2% 17.44 2% Parts Clerk II 16.93 17.27 2% 17.61 2% 17.97 2% Staff Positions: Driver Operator 1 17.10 17.44 2% 17.79 2% 18.15 2% Operator II 15.92 16.24 2% 16.56 2% 16.89 2% Equipment Operator III (Code) 16.24 16.56 2% 1 16.90 2% 1 17.23 2% Jab Leader - 16.73 17.06 2% 17.41 2% 17.75 2% General Laborer 18.70 19.07 2% 19.46 2% 19.84 2% Picker 1 16.34 16.67 2% 17.00 2% 17.34 2% Picker II 16.72 17.05 - 2% 17.40 2% 17 7e 10c Staff Positions: Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 18.56 2% 18.94 2% 19.31 1 2% Job Leader 19.00 19.38 2% 19.77 2% 20.16 2% General Laborer 1911 . 15.41 2% 15.72 2% 16.03 20/. 2014 Teamster Wage Rates for Salary Ordinance Page 2 o73 Staff Positions: CSO Rep 1 17.46 17.81 2% 18.53 2% CSO Rep II 18.20 18.56 2% 19.31 2% Dewater Operator 18.20 18.56 2% 72%20.13 18 31 2% General Laborer 15.11 15.41 2% 16.03 2% Janitor 15.21 15.51 2% 16.14 2% Lift Station - Rep 1 18.20 18.56 2% 19.31 2% Lift Station - Rep II 18.97 19.35 2% 0.13 2% Maintenance Electrician 1 17.14 17.48 2% 17.83 2% 18.19 2% Maintenance Electrician II 17.50 17.85 2% 18.21 2% 18.57 2% Maintenance Electrician III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician IV 19.72 20.11 2% 20.52 2% 20.93 2% Maintenance Electrician V 20.46 20.87 2% 21.29 2% 21.71 2% Maintenance Lead 21.22 21.64 2% 22.08 2% 22.52 2% Maintenance Repair 1 17.46 17.81 2% 18.17 2% 18.53 2% 2014 Teamster Wage Rates for Salary Ordinance Page 2 o73 2014 Teamster Wage Rates for Salary Ordinance Page 3 of 3 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Maximum Hourly Pay Rate Levels October 30, 2013 Original 2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase Maintenance Repair II 18.20 18.56 2% 18.94 2% 19.31 2% Maintenance Repair III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Repair IV 19.72 20.11 2% 20.52 2% 20.93 2% Operator - General 18.20 18.56 2% 18.94 2% 19.31 2% Operator- Lead 21.22 21.64 2% 22.08 2% 22.52 2% Operator- Senior 18.97 19.35 2% 19.74 2% 20.13 2% Operator I - Wastewater 16.63 16.96 2% 17.30 2% 17.65 2% Relief Operator 16.71 17.04 2% 17.39 2% 17.73 2% Sanitation Operator 15.88 16.20 2% 16.52 2% 16.85 2% SEWER DEPARTMENT Staff Positions: Curb & Sidewalk Finisher -- 18.73 2% 19.10 2% 19.49 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Job Leader 19.15 19.53 2% 19.92 2% 20.32 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.48 16.81 2% 1715 2% 17.49 2% O erator III 16.57 16.90 2% 17.24 2% 17.58 2% WATER WORKS Staff Positions: Auditor I - Barg. 16.30 16.63 2% 16.96 2% 17.30 2% Auditor II - Barg. 17.37 17.72 2% 18.07 2% 18.43 2% Auditor III - Barg. 18.75 19.13 2% 19.51 2% 19.90 2% Auditor IV - Barg. 19.13 19.51 2% 19.90 2% 20.30 2% Clerk Dispatcher III 16.81 17.15 2% 17.49 2% 17.84 2% Shut off Clerk 15.05 15.35 2% 15.66 2% 15.97 2% Courier / Supply Clerk 16.55 16.88 2% 17.22 2% 17.56 2% Crew Chief 16.51 16.84 2% 17.18 2% 17.52 2% Customer Service & Billing 15.33 15.64 2% 15.95 2% 16.27 2% Data Processor 16.93 17.27 2% 17.61 2% 17.97 2% Engineering Aide III 18.02 18.38 2% 18.75 2% 19.12 2% Field Repairman /Insp 1 17.78 18.14 2% 18.50 2% 18.87 2% Field Repairman / Insp 11 18.02 18.38 2% 18.75 2% 19.12 2% Field Repairman / Insp 111 18.24 18.60 2% 18.98 2% 19.36 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Group Leader - Water Works 17.96 18.32 2% 18.69 2% 19.06 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator If 18.41 18.78 2% 19.15 2% 19.54 2% Janitor 15.21 15.51 2% 15.82 2% 16.14 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Machinist 18.02 18.38 2% 18.75 2% 19.12 2% Maintenance Tech - Helper 15.53 15.84 2% 16.16 2% 16.48 2% Maintenance Tech 1 16.53 16.86 2% 17.20 2% 17.54 2% Maintenance Tech II 16.99 17.53 3% 18.08 3% 18.64 3% Meter Serviceman 111 16.19 16.51 2% 16.84 2% 17.18 2% Meter Serviceman IV 16.81 17.15 2% 17.49 2% 17.84 2% Operator I 15.92 16.24 2% 16.56 2% 16.89 2% Operator 11 16.24 16.81 4% 17.15 2% 17.49 2% Operator III 16.57 16.90 2% 17.24 -2% 17.58 2% Payment Processor - Lead 15.43 15.74 2% 16.05 2% 16.37 2% Utilit Operator 15.23 15.53 2% 15.85 2% 16.16 2% 2014 Teamster Wage Rates for Salary Ordinance Page 3 of 3 120ON CouNn -QTY BuLDn.G 227.W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235 -9216 FAX 5741235 -9928 CITY OF SOU7I4 BEND PETE BmiG1EG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE January 22, 2014 Mr. Oliver Davis President, South Bend Common Council 4"' Floor, County -City Building South Bend, IN 46601 Re: A Bill to Amend Teamster Employee Wage Ordinance 2014 -2016 Dear President Davis: Attached is an ordinance to amend Ordinance #10267 -13 which established maximum wages of Teamster Employees of the City of South Bend, Indiana, for calendar years 2014 -2016. The original Ordinance #10267 -13 was submitted in its final, substitute form on October 30, 2013, the date the Teamsters Local Union No. 364 ratified the collective bargaining agreement with the City of South Bend.. We have now determined that the original attachment to Ordinance #10267 -13 contained unintentional errors as to wages, which are inconsistent with the ratified collective bargaining agreement. These en-ors affect a total of three Teamster positions contained in the original Attachment, i.e.: Sewer Department- - Curb & Sidewalk Finisher; Street Department- -Job Leader; and Equipment Services Parts Clerk II. For clarification, I enclose the original Attachment to Ordinance # 10267 -13, and the amended Attachment with the affected job positions and changes highlighted in yellow. Eric Horvath and I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the Council's public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, fi C� Jo Murphy U� City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff �- Eric Horvath, Director of Public Works 0 Bill No. 07 -14 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING CERTAIN BOUNDARIES FOR SOUTH BEND TO FURNISH WATER AND SEWAGE SERVICE TO THE PUBLIC STATEMENT OF PURPOSE AND INTENT The City of South Bend has a population over 35,000, and, accordingly, it is a second Class city as defined at Indiana Code Section 36- 4- 1 -1(a), and a "municipality" under I.C. 36 -1- 2-11, as well as a "unit" within the definition of I.C. 36- 1 -2 -23. Currently, the City of South Bend regulates the furnishing to the public of water, under I.C. 36- 9 -2 -14, and the services of collecting, processing and disposing of waste substances and domestic or sanitary sewage, including the regulation of charges for such services authorized by 36- 9 -2 -16. Pursuant to I.C. Section 36- 9 -2 -18, South Bend, as a municipal unit, may exercise its water and sewage service powers under I.C. 36- 9 -2 -14 and 36- 9 -2 -16, both inside and in areas within four miles outside its corporate boundaries. To promote the orderly and logical growth of the South Bend municipality to areas presently outside its boundaries where residential, commercial, industrial, technological and other urban development is occurring or is likely to occur; to provide the most efficient method of furnishing water and sewage service in the Regulated Territory; and to protect South Bend's investment in infrastructure and improvements in its existing water and sewage utility facilities, it is in South Bend's best interest to create a South Bend Water and Sewage Utility Service Territory within four miles of South Bend's corporate limits. The designated Service Territory does not include areas within the corporate boundaries of the City of Mishawaka, nor will it include customers now connected to and receiving service from other existing water or sewage utilities as of the date this ordinance is adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. It is necessary and in the best interests of the City of South Bend and members of the public that the City of South Bend regulate and furnish water and sewage services within an area up to four miles outside the City of South Bend's corporate limits excluding areas within the corporate limits of the City of Mishawaka and excluding customers now connected to and receiving services from other existing water or sewer utilities as of the date this ordinance is adopted. Section H. The Regulated Territory to be serviced by the City of South Bend's water and sewer utilities pursuant to this ordinance is identified and depicted in the Map attached hereto and incorporated herein, a copy of which shall be available for public inspection in the offices of the South Bend Department of Public Works and in the offices of the South Bend City Clerk. Section III. Upon adoption of this Ordinance, the City of South Bend's sewer utility, the South Bend Bureau of Wastewater, shall hold an exclusive license to furnish sewage service under I.C. 36- 9 -2 -16 within the Regulated Territory, and all other utilities are expressly prohibited from furnishing sewage services within the Regulated Territory, except for those customers located in the Regulated Territory that are connected to another sewer utility as of the date this Ordinance is adopted. Section IV. Upon the adoption of this Ordinance, the City of South Bend's water utility, the South Bend Water Works, shall hold an exclusive license to furnish water service under I.C. 36- 9 -2 -14 within the Regulated Territory, and all other utilities are expressly prohibited from furnishing water service within the regulated Territory, except for those customers located in the Regulated Territory that are connected to another water utility as of the date this Ordinance is adopted. Section V. This Ordinance shall not be construed to prohibit an individual property owner within the Regulated Territory depicted on the attached Map from providing water service to such property owner's lot through the drilling of a well on such property if otherwise permissible under State and all applicable local law; provided, however, that water from such well shall not be used to provide water service to owners or lessees of other properties. Section VI. The Rules and Regulations governing the City of South Bend's water and sewer utilities as set forth in Chapter 17 of the South Bend Municipal Code, and as determined by the Board of Public Works from time to time, shall apply to and shall be fully enforceable by the City of South Bend within the Regulated Territory. Section VII. All prior Ordinances or parts thereof inconsistent with any term or provision of this Ordinance are hereby repealed. If any one or more of the terms, provisions or portions of this Ordinance for Regulated Territory shall be deemed by a court of competent jurisdiction to be contrary to law, then such term or provision shall be deemed severable for the remaining terms and shall in no way affect the validity of the other provisions of this Ordinance. Section VII. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: U Member of the Common Council bilk City Clerk OPPDPb€r,,NY ILp �1¢����d C MCi1?aton pa ltz3� ff a7{gh, Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2014, at O'clock_. m. City Clerk Approved and signed by me on the day of o'clock . m. , 2014, at Mayor, City of South Bend, Indiana Lo _( 151 READING 2'J ,,.. Y i I PUBLIC HEARING ! f' 3 rd READING _ NOT APPROVED JUIif V r}� ;x REFERRED CIYYC�FKt4 , yCJU 'h PASSED - CITY OF SOUTH BEND PETE BUTTIGIBG, MAYOR DEPARTMENT OF PUBLIC WORKS February 7, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor County City Building South Bend IN 46601 Re: Substitute Bill No. 07 -14 To Establish Certain Boundaries for Sewer & Water Utilities Dear President Davis: Attached for filing with the South Bend Common Council is a substitute Bill No. 07 -14 which is an ordinance proposing to extend the service area of the South Bend sewer and water utilities to a geographic area outside the City of South Bend's corporate boundaries. The only difference between this substitute and driginal Bill No. 0744 is the deletion of former Section VIII which was a penalty provision. That Section was removed to simplify passage of the ordinance, but the Administration may seek to include a penalty at a later date through a separate ordinance. I also intend to provide the Council with a more detailed map which I understand has been requested. We continue to hope the Council will adopt this ordinance in its substitute version in the best interests of the City of South Bend. Sincerely, Eric Horvath Director, South Bend Public Works +sv: PY! VFW' RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1240 WEST THOMAS STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (10) TEN -YEAR REAL PROPERTY TAX ABATEMENT FOR BOYD'S SERVICES WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1240 West Thomas Street, South Bend, Indiana, and which is more particularly described as follows: Lot 48 Fowler's Second Subdivision and which has Key Number 018-3074-2912, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of (6) six years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PRESENTED >,A NOT APPROV10 kDOPTEd V' DIA-A " t Member of the Common C uncil } '15L iN tto proilQ c t �li% i•�o° Gourd action on 9iI igau9, tiled en Clerk's 0�; CIT V CR ��tK, SOUTH SEND, itd � (- V?�Ak 06- RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5024 West Western Avenue AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR BRIARCLIFF HEALTHCARE WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 5024 West Western Avenue, South Bend, Indiana, and which is more particularly described as follows: 575.01' on Western Beg 300' West of Line Summit Drive Sec 8 37 2e and which has Key Number 018-4129-504311 be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seMc., and South Bend Municipal Code Sections 2 -76 et s%, and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et s�Mc., and South Bend Municipal Code Sections 2 -76, et M., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et secl., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections I through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is .qualified for and is granted property tax deduction for a period of up to seven (7) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED NOT APPROVED ,,DOPTE0 Member of the Comr66n Council p(�WEsonIY to�®" I q , 1d3 snd Vpi �b "i! i Cptllltli �'44tt 6i1 t�1 `� Flied f JOHN M ;T CITY C1 l;RK,$011, tg w € 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SO= BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR February 4, 2014 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: BRIARCLIFF HEALTHCARE Dear Council Member Ferlic: PHONE: 574/235 -9371 FAX: 5741235 -9021 Please find attached the Department of Community Investment's report on a commercial real property tax abatement petition from the above - referenced Petitioner for property they intend to rehabilitate that is identified as 5024 West Western Avenue. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, Briarcliff Healthcare. proposes to rehabilitate the building at a cost of $3,263,722. A representative of the Petitioner will be available to meet with the Committee on Monday, February 24, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9335. Sincerely, Brock Zeeb Director Economic Resources Department of Community Investment Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding ASSISTANT ExEcuTrvE DIRECTOR PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES CHRIS FIELDING JITM KAIN PAMEIA C. MEYFR BROCKZEEB 227 W. JEFFERSON BOULEVARD SurrE1400S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTFIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: BRIARCLIFF HEALTHCARE DATE: February 4, 2014 PHONE: 574/235 -9371 FAX: 574/235 -9021 On February 3, 2014, a petition for real property tax abatement consideration for property identified as 5024 West Western Avenue was filed with the City Clerk by Briarcliff Healthcare. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Briarcliff Healthcare is going to redevelop an economically obsolete facility in South Bend which does not currently meet the required standards for skilled healthcare facilities. The Michiana region does not have the services and facilities required to meet the needs of the marketplace. The facility will provide the following services: Spinal Cord/Injury Services; Cardiac Services; Bariatric Services; Ortho /General Services; Hospice Services; General Care/ Private PayNeteran's Administration/Overflow Services; CNA Training Program; and Outpatient Adult Day Care Center. The cost to rehabilitate the facility is $3,263,722. ASSISTANT EyrcuriVE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES CHRIS FIELDING JITIN KAIN PAMELIC.MM. R BROCKZEEB RE: Tax Abatement for Briarcliff Healthcare February 4, 2014 Page 2 The Petitioner has just begun collecting information on potential suppliers and contractors for the project. For this reason they were unable to finalize the questions related to suppliers of construction materials and construction contractors. They intend to submit this information prior to the Common Council meeting to consider their confirming resolution. At that time final points will be awarded and the length of the abatement term set. Based on current information, the Petitioner will score sufficient points for a four to seven -year term. If they score all of the points for construction they would have enough for seven years. Assuming a seven -year abatement term is approved at the Confirming Resolution, the total taxes to be abated during that term are estimated at $253,318. Total taxes to be aid during the seven -year term are estimated at $660,019. Our municipal city Code does not target service industries for tax abatements. Therefore, approval of this request would be an exception to our Code as this is a service business. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create 40 new, permanent full -time positions in the first year and 40 full -time positions in the second year. The new payroll will be $2,476,032 in the second year. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has not been granted any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for up to a seven -year real property tax abatement under Section 2 -84, Council's Authority to Enlarge Real Property Tax Abatement General Standards., W�VISCD �►�j -Niaq -50�13iI t. y uN 's all ........... General Information Project Name Project 5024 Westem LLC ' B1e Limited Liability Company Boom Cana WA Proposed Project Information ropose pro a - 5024 West Western Avenue €'W-Am an n '? N!A ry''S South Bend, IN 46619 heal owner` ct - 5024 Western Western LLC giFe aueage oraaeag require ";"'- 4.41 tsthe "r'eal estate ownedo "'_ Owned gq'wic7eet'offi"dtity 61,645 Primary Contact Information ifleLywhom. �i';i- =:N N/A Prlmaryw a w a em Shalom Manors ?S,' >'d^'�2vx Manager CIN:,State zipsI hf.,.�.�rAars r `Skokie, IL 60077 Email - 0 Shalom @menomflnancial.com Senior Official CompanYSanfg ojBd`al narr'°+•i' a�u:€.. ?:a'N, �,-ti z.<,�a � ".. Shalom Men are Title ""'S' .- Manager Addrreessofcom pan'y`wntact (ifdlitei¢ri, t,•hom�; N/A Phone S'�r.� =»:: n. .0 M�:. 647E796200 n-, a-� W/+ E ,0 Shalom @menorafinancial.com Consultant Information/Agent Nireil businessc ssditiant/agname'''^". WA Canwlhntieieasefl' /N) -J Addiess � ', Colal ¢cd�nomk dEJelapmentpartneri -, ' CHy5tate Zip,S<' a=- Email Project Overview Rdififeicriptro-n ofyour win'"an roJect, n "dwhy the -- 5024 Western LLC is considering the redevelopment of an economically obsolete faality in South Bend. The building does not currently meet the mqulred standards for skilled healthcare facilities. The project would result in the creation of a 80 propdrtyis nece ry1b, �: bed facility and create 80 full -time jobs in the community. The South Bend/Mkhiana region currently does not have the ewnom�gwro _ services and facilities required to meat the needs of the marketplace. The facility will provide the following services: 1. _ f ,y✓ x .i t: Spinal Cord Injury Services; 2. Cardiac Services; 3. Bariatrk Services; 4.Ortho/General Services; S. Hospice Services; 6. General Cam/Private PayNetemn's Administration/Over0ow Services; 7. CNA Training Program, and; 8. Outpatient Adult Day Care Center. wFa:> [YReX,v 4.n lii6fitvfTedin`obigy Palk app==ropriaAAte��- „. -�., -, NO 0w ;ReviBrt °” Ynha = NO i�NPythat "ihe BU8411ng Ve c YB3 Number "ieslEemGl uniis aeatM th WA _tltlifs sa.peddon fof personafpoperry'tbaM'srciit hSS• CalendarYear = Johzretamed';- ;. 'Total - tumulativePOfnetNECr fulltlme tr r t t r t tt a binge o'r - cumutaGve net newjotis -< not -- `amulSGve bonuses..'. 'amuWGye ".? 201"4,..: 40 $14.88 TBD 40 2015= 80 $14.88 TBD 80 u $ 3,263.722 2017` $ 07,170 Spedal`foolin 8 ooRn$ a �` ` - 2039 2020- NewFUmitufe /FlJrtuie�,s s {� - -. $236,000 i New Comp uterrJT HardwarSS $20.000 ..... 2021 2022 2023: -- 2024 �, New 3oRsvaier� x ',�' '7�� Ond_ikRal Infrastru'iture F'-c -'. On-zke Her infrastructure s, =r TOTAL Fulfttrria Pa rt f" AWN-7 10.17 $16.17 nge $38.46 - AdminiEVe -, $16.77 CalendarYear = Johzretamed';- ;. 'Total - tumulativePOfnetNECr fulltlme Hourly averd¢ewa "gw /o._TO'�Itniing. TO�"51be. .. .._ _ swage w/o permanentjobs' eated atproject benefits&159nuses of - ex°��pen ure• Rained -n'ot binge o'r - cumutaGve net newjotis -< not -- `amulSGve bonuses..'. 'amuWGye ".? 201"4,..: 40 $14.88 TBD 40 2015= 80 $14.88 TBD 80 201fi �ti. 2017` - 2039 2020- 2021 2022 2023: -- 2024 2026'; Fulfttrria Pa rt f" AWN-7 10.17 $16.17 nge $38.46 - AdminiEVe -, $16.77 o wil be me v Inamdual respo w _ e .. ^a ^g Mchard Kennedy, Health Facilities Administrator _. WOrkOne on re�ruieh 7r Ooes'your coruW^Y hayean EEO Nring poligt Yes - - Are yea zaEEO emDloY erZ ;= Yes .+<<.�i..�;ie�•rt•- s_.�l.,.i.:' • .• Pkau d'snibeyeuiomin�ta -- c the _ anal deTainngyour'. N �iP�nt . Year:ie�C2',9 T"-'- q ":tic ou�bcadF ananetru for elast !'�tlV! ylmy�M CllfltlR l�f. -'._. FuRTime" - Part Time - Fun Time Part Time Fun Time: WA Due to the fact that the company is no HhPanic_:' N/A _ gin employment history for eere past three years. 5024 Western LLC is -- Asian° - -" WA l temployees�In ad lndlanx > =? WA female addition, the u3 Mmpanywlllencouragethe _ WA participation of MBE, VBE and WBE vendors to provide products and - '�'- WA services to the facility. Complete below for Real Please sign . . companllkslw 11 c t r a a o th s pro : ,,. ,c , -- s }'� Please''cofmleet1ea a -lelo tfieopriaainfomatton�1 "-4�arlif EameAJoints "` �c„ Pig paliabtePotnis G'A5Y.5i eter'alamounto( available r}yyy. -Cons ructlooRe ted Cont`racto�rsl . -s s Emp_y ora'CO -i pa s(,5_. `�. K'" a „- Yes - bests 20 20 purchase ali,fr mLoca Gompanfes_ 5M)£_. Yes - bests 20 20 Requ,le_Fmploy ee vs: Ind Contractors 5, Yes 19 erttlent 19 D ` ,. R-equ eL.,.xPre4ai ing agg(Dav - Bacon) _ : Yes 22 22 6s z�..;. Yes 22 Requl`reHgalt Benefl 22 777777= < F Require Pensfori B,ene is Yes 18 _ �;+ 18 G jaintainJiftirmative ActtanPlarr Yes 20 20 777-71,7-, v.-3cY wtiT L Subtotal COnstruttlon Related: 141 141 Waae&�Mheefif Re�aa A.>'` pay Yes e;,7E TargetWageteveJs>„ -„ - 0 33 B Pia_vide Health Benefits — _ _ Yes 34 34 C Provide PensiogAdejefits,- , Yes 29 29 Yes 28 28 •� E pr`owde Child Card �, ` - _ No 15 35 r P,rpvide Transport ti no Assistance No 14 14 _ P ?ovide fmpioyer_ASSlsted Noosing Yes 9 9 program� '`» F.;:. Sub- toWlWage. &Benefk Related - 129 162 ,.. 3 A. ,±. C_ Ne"wlla�s �" _ - Yes 42 42 Retain Fxis[tnglobs '"" � _= _= WA 41 41 Maintain Affirmn Phan F Yes 35 35 sue,: u`>" -- ,�. Yes 0 D �. Pro'vide TargeteE}InOg Preference 34 Subtotgl Wes- oted z: _ 118 152 jIS .suj,'f .:?mac `Su000Mrta un�oici�IFa -,�� -- Spupporta SB NInIU'FaUirty(dbnationsto the: mo,conservatorv;;gluse4y ) � _: Yes 84 84 Will provide support to the conservatory,N abatement is approved u815ipa1 F5dlity r :-.;- 84 84 472 539 Sub -total from Above: - Submitted By: Date: I) How do I pay my petition filing fee? Your petition filingfee can be paid either in person or via mail to: City Clerk's Office Attn: Deputy City Clerk 227 West Jefferson Blvd. • Suite 400 S South Bend, Indiana 46601 2) Certified Technology Park appropriate? (Page one, under project overview) In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition Park. If your property is not located in either then the answer would be no. 3) Community Revitalization Enhancement District? (Page one, under project overview) The map below outlines the CRED area, please check to see if you fall within the boundaries. 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that comefrom the Small Business Administration. Thisfunding must be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at sheinize@southbendi�ov CREeD District Boundary _ i Graf - SOIMI ' soW 'u I Fob I - - der e �I I i ; Finer i I - TO TNt. OM1b Rert l = Gent I IgnNOn SWU- $s i yy 8m9CV2Y " E Legend - rw,er N oCNE�D WIrcI ..• iMlahe - ::�.' Td . Y..• Q liovlM1 BanOP Y � S � � I .' 4) Has any 504 funding been received? (Page one, under investment details) 504 Funding is a loan that comefrom the Small Business Administration. Thisfunding must be applied for to be received. 5) Total training expenditure - not cumulative (Page two, under full time Indiana resident positions) The amount of money to be spent per year on training over the course of the project. 6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions) The amount of people that you will train per year over the length of the project. If you have any additional questions that are not addressed by this document, please contact Sarah Heintzelman in the Department of Community Investment at 574.235.5842 or email at sheinize@southbendi�ov STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS State Form 51767 (R3112 -11) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualities under the following Indiana Code (check one box): ❑V Redevelopment or rehabilitation of real estate improvements (IC 6.1.1- 12.1 -4) ❑ Eligible vacant building (IC 6- 1.1- 12.1 -4.8) 2014 PAY2015 FORM SB -1 I Real Property INSTRUCTIONS., 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects "planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERA/VBD, Whichever is applicable, must be riled with the County Auditor by the later of.- (1) May 10, or (2) thirty (30) days after the notice of addition to assessed valuation ornew, assessment is mailed to the property owner at the address shown on the records of the township assessor, if any, or the county assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 /Real Property annually to the application to show compliance with the Statement of Benefits. /IC 6- 1.1- 12.1- 5.1(b) and IC 6 -1.1- 12.1 - 5.36)) 5. The schedules established under IC 6- 1.1- 12.1 -4(d) for rehabilitated property and under IC 6- 1.1- 12.1 - 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000, unless an alternative deduction schedule is adopted by the designating body (IC 6- 1.1- 12.1 -17). The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits riled before July 1, 2000. to•�ew•e� ••r. Name of taxpayer 5024 Western LLC Address of taxpayer (numberand street, city, state, and ZIP code) 8833 Gross Point Road, Suite 308, Skokie, IL 60077 Name of contact person Telephone number E -mail address Shalom Menora (847) 679 -6200 Shalom menorafinancial. Name of designating body Resolution number Common Council of the City of South Bend Location of property - County DLGF taxing district number 5024 West Western Avenue St. Joseph Description of real property improvements, redevelopment, or rehabilitation (use addition / sheets ifnecessary) Estimated start date (month, day, year) The company will complete demolition in the facility to create a "white box" in order to build 04/01/2014 out the space into a modern healthcare facility. In addition, the developer will make Estimated completion date (month, day, year) siantficant electrical and mechanical uDarades to the facilitv. O 12/31/2018 retained S Current number Saiades Number Salaries Numberadditional Salaries 0.00 $0.00 0.00 $0.00 80.00 $2,476,032.00 NOTE: Pursuant to IC 6 -1.1- 12.1.5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values Plus estimated values of proposed project 3.263.722.00 Less values of any property being replaced Net estimated values upon completion of project 3.263.722.00 Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits The proposed project will result in the redevelopment of an economically obsolete building in the community. The project would provide the community with a state -of- the -art skilled nursing facility in South Bend to serve the Michiana region. The facility would have 80 beds and employ approximately 80 full -time associates. There is a significant unmet need in the community for this type of healthcare facility. SECT16N 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signature of authorized representative Title Date signed (month, day, year) Manager 01129/2014 Page 1 of 2 We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for the following limitations: A. The designated area has been limited to a period of time not to exceed expires is calendar years • (see below). The date this designation , B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements ❑ Yes ❑ No 2. Residentially distressed areas ❑ Yes ❑ No 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions E. The deduction is allowed for years' (see below). F. Did the designating body adopt an alternative deduction schedule per IC 6 -1.1- 12.1 -17? ❑ Yes ❑ No If yes, attach a copy of the alternative deduction schedule to this form. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and title of authorized member ofdesignating body) Telephone number Date signed (month, day, year) ( ) Attested by (signature and title olaftesler) Designated body ` If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12 - 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3201 West Calvert Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR NOBLE AMERICAS SOUTH BEND ETHANOL LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 3201 West Calvert Street, South Bend, Indiana, and which is more particularly described as follows: Vac Sunset Pk SE '/< Ex Pt Sold to City S & Adj & Mid Pt S1 /2E ofRr Cont 61.834 Ac +- Sec 16 -37 -2e and which has Key Number 71- 08 -16- 400 - 002.000 -026, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et M., and South Bend Municipal Code Sections 2 -76 et sego ., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et spec., and South Bend Municipal Code Sections 2 -76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED NOT APPROVED �DOPTEA Member of the Comm Founcil t J014 -' -, riT EPdif IN Council Member Gavin Ferlic, Chairperson February 7, 2014 Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition Noble Americas South Bend Ethanol LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a personal property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new equipment. The project cost is $2,425,000. The equipment costs for two years are $2,425,000. The project meets the qualifications for a (5) five -year personal property tax abatement A representative from Noble Americas South Bend Ethanol LLC will be available to meet with the Committee on Monday, February 24, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerely,� L ✓/ Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION Noble Americas South Bend Ethanol LLC DATE: February 7, 2014 On December 3, 2013 a petition for personal property tax abatement consideration for property located at 3201 W Calvert Street, South Bend, was filed with the City Clerk by Noble Americas South Bend, LLC. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT SUMMARY Noble Americas South Bend Ethanol LLC (NASBE) is a large scale ethanol production facility located in South Bend capable of producing up to 100,000,000 gallons of ethanol per year. The project will involve restart, re- commissioning, significant upgrades, and subsequent operations of this facility after being idle since November 2012. Upgrades would include substantial maintenance and capital expenditure activities as well as installation of incremental on -site projects to improve and stabilize the operations of the facility. RE: Tax Abatement Noble Americas South Bend Ethanol LLC December 6, 2013 Page 2 South Bend Common Council From 2013 through 2015 the company plans to spend $11 M on new building construction, $9 M on existing building improvements, $2 M on new machinery and equipment, and $875,000 on IT equipment and software. They have plans for investment going out five years. Because the designation given by the designating resolution only extends out for two years they will need to reapply for abatement at the end of those two years for the next two years. The overall cost over 5 years will be $36,175,000. Total taxes to be abated during! the (5) five -year abatement personal property period for Phase 1 are estimated at $102,898. Total new taxes to be paid over five years are estimated at $208,639. Net tax paid is estimated at $105,741. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will create 50 permanent, full -time and 0 (zero) permanent, part-time jobs within the first year, representing a new annual payroll of $2,808,000. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous tax abatements: 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible Personal Property Tax Abatement. They also qualify for a three year real property abatement. 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Noble Americas South Bend Ethanol LLC BuslnessstNCtvie LLC Comparlywebsite wwwAllisisnoble.com Proposedprojectaddaess 3201 W Calvert Street Parentcomparriname Noble Americas Corp ity,5tate, zip South Bend, IN, 46613 lowner Noble Americas Corp Site acreage or acreage required Is the real estate owned or 06- 1466543 Square feet offadiity _ If leased by whom '7 Primarycompany contact name Title ' Secretary Joseph Limone Address ofcompanycontzct 107 Elm Street, 7th Floor phone 203.324.8555 City,state,zip Stamford, CT, 06902 Email jl @thisisnoble.com • J Companysentor official name Joseph Limone � Secretary Title _ Address of company contract (if different from 3201 W Calvert Street one above 203.324.8555 City,itate, Zip South Bend, IN, 46613 Email jl @thisisnoble.com Hired business consultant/agent name Cansultantreleaseapproval Address tocaiecommkilmelopment partners release approval [Ity,Statq Zip Finan t. Brief description ofyour tympany, project, and why the Noble Americas South Bend Ethanol LLC( "NASBE ") Is a large scale ethanol production facility located in South property is necessary for Bend, IN, capable of producing up to 100, 000,000 gallons of ethanol per year. The project will involve restart, ewnomicgrowth re -commissioning, significant upgrades and subsequent operations of this facility after being idle since November 2012. Upgrades would include substantial maintenance and capital expenditures activities, as well installation as of incremental on -site projects to improve and stabilize the operations of the facility. Certified Technology Park appropriate? No Community Revitalization Enhancement 06aict? No Cerify, that the Building Permit has not beets .sued(Yes /No) No If this is a petition for personal propertytsa abatement has the equipment beenhistalled? No 9 yas, c�ov -:'.wF -R ...... -. ., �. J. .P' i. i r a i.� 3Ji . ��F 1� Ir�; •!T What it the value of any equipment being Public Infrastructure needs (Off. Hasany504fundingbeen what is the value of any equipment being purchased in site of project) received? Indiana for the project? purchased from out of state for the project? $000000 Total hourly Cumulative a ofnet NEWfull time Hourly average wall w/o Totallralning Totalatobe Calendar Year Jobs retained wage w/o permanentjobs created at project benefits orbonusat, of expenditure- trained -not fringeor cumulativemmilewjabs not cumulative bonuses cumulative Now U Q - ��b'i ".'���_ '1 t�� s 2014 50 27 250,000 35 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Provide hourly wage information for newemplayees in the foliawingpositbns Full time Parttime . • Laborers 928 $ Technical 934 $ Managerial 119 $ _ Administrative $ 6 $ Who will be the individual: responilbklgrcoordinaftivith Melissa Traffas (ICM Inc.) OoesyoW companYhayeanEEOhirkgpoiluy7 � AreyonamEEO{mpgtryg7 . a Yes .rz?`a;; Yes .,.istiiesurmntsreued.+tdeT, ktheprojeaedasxssedvalneT RealPropesry:.. Peryotsdpropsty` whetlslMfaxieFnum DaforlhkDroleN What lathe sbldisit NAffS Wds? Please attach a Googfe map and street view of the location. ease Ila t e amount of real an perwna property axes Real Property Taxes: aid for the last five ears when a stable. Personal Property Taxes: Year One YearTwo Year Three Year Four Year Five Please fill out the following Public Benefit Summary Information and add to total from above. Qualify Earned Available IKOMNI Points Pointr Public Benefit Item:. 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. lAchjeve a Physical Element of a Plan 36 0 Sub -total Project Related: 720 6 Steer Size Proiects foomt values are cu ulativel• A. 100% to 199% 25 B. 200% to 299% 68 C. 300% to 399% 65 D. 400% and Over 52 Su ize b -total Super S Projects: p 7 Pay for Municipal Infrastructure: 210 A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50% of Extension Cost 26 C. Pay for 51-75% of Extension Cost 39 D. Pay for 76-100% of Extension Cost 52 Sub -total Infrastructure Related: 0 131 256 539 Total from Applicant Section: Total from Stall Section: O 461 Total Public Benefit Points: 1 1256 low RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 North Michigan Street AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GREAT LAKES CAPITAL DEVELOPMENT WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area located at 710 -712 Niles Avenue which is more particularly described as: Lot 1 O P So Bend Lot 2 & N 33.45' Lot 3 O P And which has Key Numbers 71- 08 -12- 107 - 005.000 -026 and 71- 08 -12- 107 - 006.000 -026 presently at this point in time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et sue., and; WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seg., and South Bend Municipal Code Sections 2 -76, et M., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et sq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years as shown by the attachment pursuant to Indiana Code 6- 1.1- 12.1 -17. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED NOT APPROVED WDOPTED l Member of the C mon Council Sgppi�gppy�nird o.. of this bill Is only to a ProMe m "t'o'wn" fX F:ulM."'V hepAnq and ily council action on it' S issue. led ici Clerk's CX fiic,, CITY CLrRK, EiOUfka zs 227 W. JEFFERsoN BOULEVARD SUM 1400 S. is Sov BEND, IN 46601 -1830 CITYOF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR February 12, 2014 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: GREAT LAKES CAPITAL DEVELOPMENT Dear Council Member Ferlic: PHONE: 5741235 -9371 FAK: 574/235 -9021 Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the renovation of the Hotel LaSalle located at 237 North Michigan Street. The report contains the Department's findings relative to the above petition. The total cost for the renovation is estimated at $9,537,076.10. The project meets the qualifications for ten -year real property tax abatement and a representative from Great Lakes Capital Development will be available to meet with the Committee on Monday, February 24, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -9339. Sincerely, � / e,7 0 Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding Ass1srANr EKECVRVE DIREcrOR PIANNING NEIGHBORHOODENGAGENENT ECONOMIC RFSoURCES - CHRISFIELDMG 1RIN KA PA EuC. ME BRDCKZEEB ESOUTN @E 227 W.]EFFERSON BDVLEVARD O plyl�lil]p SUITE 1400 S. SOUTH BEND, IN 46601 -1830 r � 1865 CITY OF SOUTH BEND PETE BUTHGiEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: GREAT LAKES CAPITAL DEVELOPMENT DATE: February 12, 2014 PHONE: 574/235 -9371 FAX: 574/235 -9021 On August 21, 2013, a petition for real property tax abatement consideration for property located at 237 North Michigan Street was filed with the City Clerk by Great Lakes Capital Development. Pursuant to Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY In order to strengthen and aid in the redensification of core value within downtown South Bend, the petitioner proposes interior, exterior, and site renovation for the Hotel LaSalle building. This will mark the third in five currently slated improvement projects for downtown South Bend. The other sites include American Trust Place Phase I, Phase II, Main Street Row, and Citizen's Bank & Trust. This all adds to the value creation for downtown. The proposed rehabilitation will cost $9,537,076.10. After renovation the primary use would be residential with commercial use on the main level. AssisTANT EXECUTIVE DIRECTOR PIANNING NOGHRORHOODENGAGEMENT ECONOMIC RFSOURCrS CHRIS FIELDING JMNKAN PAMEIAC.MEYER RROCKZEEO South Bend Common Council RE: Tax Abatement for Great Lakes Capital Development February 12, 2014 Page 2 There are three different schedules of taxes abated attached for your review. The first schedule shows the taxes abated for a 10 year abatement based on our normal everyday calculations. Under this scenario, taxes abated would be $1,086,677 and net tax paid would be $1,943,305. The petitioner has requested that we offer the business a more aggressive schedule of taxes abated. Much of the investment into the building will be "Costs to Cure" as the building has been vacant for approximately twenty years. The renovation costs are extensive and without a more aggressive schedule of taxes abated, the project does not cash flow in the first few years. The developer needs a more aggressive tax abatement than usual in order to complete this project. This scenario is shown on the attachment called "Petitioner's Requested Schedule. "Taxes abated would be $1,993,298 and net tax paid would be $1,036,684. The third schedule called "Best Estimate" shows the Department of Community Investment's best estimate of taxes abated for this project. Because so much of the rehabilitation costs will be "Costs to Cure ", the department estimates that the new assessed value of the building will only be $5,340,000 despite a $9.5 million investment. This schedule is based on the $5.3 million assessed value along with more aggressive rates for taxes abated and shows that taxes abated will be $1,241,636 and net tax paid will be $696,910. EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create nine (9) new, permanent full -time positions and zero (0) part-time positions with an annual payroll of $315,000. The project will not maintain anyjobs. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the Petitioner, Great Lakes Capital Development has not been granted any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The property is located in the Central Business District. 4. A review of the Tax Abatement_ Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (10) ten -year real property tax abatement under section 2 -80 Mixed Use Developments in the Central Business District. DowSign Envelope 10: DBF1C 726- DE7142B2- AE01- AD6D1BF646AD CITY OF SOUTH BEND PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for real property tax abatement consideration and pursuant to I.C., 6-1.1- 12.1 -1, at sec., and South Bend Municipal Code Sec. 2 -76 et sec., for this petition state the following: 1. Describe the proposed redevelopment or rehabilitation project, including Information about physical improvements to be made, the proposed use of the improvements, and a general statement as to the importance of the project to your business: in ordr.- 1-n .� -------- .. . _ site Land Size 0.75 Acres acres- Building Size 107, 000 sq.R. 2. Describe the overall nature of the business and of the operations occurring at the Property (Please attach an additional sheet if more space is needed): The property is currently vacant in need of renovation for 3. Estimate the dollar value of the project (excluding land): $ 9, 537, 076. to 4. The current assessed valuation of the real property before rehabilitation, redevelopment, economic revitalization, or Improvement is: $ 862,60D (This information may be obtained from the St Joseph County Assessor's Office 235- 9557.) 5. (a) The real propertyforwhichtaxabatementconsiderationispetitioned (Property)is owned or to be owned by the following individual(s) or corporations) (if the business organization Is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): (Rev 5/13/ DpcuBign Envelope ID: DBFiC 126- DE1142B2-AE01-AD6DieF646AD (b) The following other person(s) or corporation(s) lease, intend to lease, or have an option to buy the Property (include corporate information as required in 5(a) above, if applicable); , NAME ADDRESS INTEREST(°%) 6. The commonly known address of the Property is: 237 North Niohigan Street south send, IN ME 7. The Key Number(s) of said property (s: 71- 08-12- 107 - 005.000 -026 71 -08-12 -107- 006.000 -025 S. A legal description of the above address is attached hereto, marked 'Exhibit A,' and Incorporated herein. 9. Amap and/or platclescribing the Property isattached hereto, marked 'Exhlb[tB,'and incorporated herein. 10. Photographs of the property, taken within two (2) weeks of filing of this petition, are attached hereto, marked 'Exhibit C,' and incorporated herein. 11. The REAL property where the proposed redevelopment or rehabilitation project will be carried out is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: N/A 12. The redevelopment or rehabilitation project itself will: (a) create 9 permanent full -time and 0 permanent, part-time jobs within the first year, representing a new annual payroll of $ 315, 000 ; and (b) maintain 9 existing, full -time and o existing, permanent part-time jobs (incluing existing, permanent, full -time, minority employment of TBD workers and existing, perma- nent, part-time, minority employment of 0 workers) with a total annual payroll of $ N/A for all existing employees. 13. Provide curentwage information for existing employees including: base rate, cost -of- living allowances, hazardous -duty pay, incentive pay including commissions and production bonuses, on -cal( pay and tips (please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non - production bonuses, and tuition reimbursements. Full -Time Part-Time Laborers $ 35,000 $ Technical $ 35,000 $ Managerial $— $ Administrative $ 35,000 $ (Rev 5/13/11) DocuSign Envelope ID: DBF1C726 -DE71 4282- AE01- AD6Di6F646AD 14. The projected annual salary for each new position indicated in Rom 12 above is estimated to be as follows (Please attach additional sheet (s) if more space is needed): Full Time [FT[ or Part Time [PT)) 15. Indicate whether your company provides the following benefits (use YIN): x Health Care Benefits = Pension Plan (401k) X Employer Provided Training (recognized or certified training /educational courses or programs) Day Care (provide or contribute to the cost of child day care for its employees) Transportation Assistance (provide direct or indirect support and assistance to its employees who lack private transportation to get back and forth from residence to place of employment) x Employer - Assisted Housing Program (provide an employer - assisted home ownership program) (Site Manager consideration) _ Targeted Hiring Preference (provide hiring preference for residents of Census Tracts designated by the City's Community & Economic Development Department that have the highest unemployment or the highest percentage of low and moderate Income individuals). (Additional information may be requested for verification of the above items) 16. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2008 $0 $0 2009 $0 $0 2010 $0 $0 2011 $0 $0 2012 $0 $0 Owned by the City of South Bend for this time period. (This information may be obtained from the St. Joseph County Treasurer's office 235 -9531) (Rev 5113/11) DecoSign Envelope ID: DBF1C726 -DE71 4282- AE01- AD6D18F646AD 17. Please list the number of full -time and part -time minority employees for each of the last three years: Year Black Full Part Full Part Full Part _ Hispanic _ — — Asian — Indian Other 18. Does your business maintain a written (formal) affirmative action plan or other similar plan in order to achieve racial diversity? If yes, please briefly indicate specific goals, objectives, and means as designated by your plan: 19. Indicate whether or not your project will finance any of the following activities (If desired, please contact the Community & Economic Development Department 235 -9335 for additional information on this section): • Conversion to residential use of a commercial building "Eligible Building" as designated by the Community & Economic Development Department. • Rehabilitation of a building that is either: (a) on the National Register of Historic Places; (b) designated as a local landmark; (c) located in a National Register or local landmark district; (d) eligible for nomination as a National Register or local landmark; or (e) is rated as Outstanding (0113) or Significant (S/12 or S /11) in the most recent Historic Preservation county- wide survey. -2L Rehabilitation and reuse of property that is designated a Problem Property by the Community and Economic Development Department Cleaning up a " Brownfield," which is any site, building, facility or complex that has been designated a brownfield by the Community and Economic Development Department. 20. Is your business based upon licensing intellectual property from research conducted at a public or private university, college, or community college located within St Joseph county, Indiana? If yes, please include a description of the research based aspects of the business (Please attach additional sheet (s) if more space is needed): No (Rev 5/13/11) 4 DOCUSign Emebpe ID: OBF1C726.DE7142B2- AE01- AM16FWAD 21. Will your project achieve one or more physical elements Identified in a development or revitalization plan that has been approved by the Common Council? If yes, please explain. 22. Does your business provide significant financial support to a Municipal Facility (i.e. municipally owned park, recreation center or cultural arts or entertainment facility or other similar public amenity)? If yes, please explain. 23. Is your company incurring any of the costs of extension or over - sizing of municipal . infrastructure serving the project site? This includes water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, traffic control and related public improvements (Please attach additional sheet (s) If more space is needed): 24. Information is required on the companies through which construction materials will be purchased for the project. (Please complete the table on page 8 of this application). 25. Information is required on the construction companies that will be utilized for the construction or rehabilitation associated with the project. (Please complete the table on page 9 of this application). 26. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. (The Property Owner's signature at the end of this application is verification of this statement). 27. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description is: 531120 lessors of resiaent:ial ana non- residential buildings. 28. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 531120,531110 29. The current use of the Property is vacant and the current zoning is _ CBD (This information maybe -obtained from the Building Department235- 9554). (Rev 5/13111) DocuSign Envelope ID: DBFiC 726 -DE71 4282- AE01- AD6D18F646AD 30. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property), term and date of approval. (Please attach additional sheet(s) if more space Is needed) ABATEMENT TYPE TERM DATE OF APPROVAL 31. Other anticipated public financing for the project including, if any, industrial revenue- bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. Yes, City of South Bend 32. The following person(s) should be contacted as Petitioner's primary agent(s) regarding additional information and public hearing notifications and the following individual(s) may participate at the committee and full council meetings of the South Bend Common Council: Name: Ryan Rans Brad Toothaker Address: 112 W. Jefferson Blvd. 112 W. Jefferson Blvd City, State, Zip: South Bend, IN 46601 South Bend, IN 46601 Telephone: 574- 251 -4400 574- 251 -4400 E- mailaddress: rrans ®greatlakescapital.com btoothaker reatlakesc 33. If this real property tax abatement is for warehouse or industrial developments, pursuant to South Bend Municipal Code Sec. 2.83.2, please indicate the name, address, telephone number and e-mail address of the person who will work with WorkOne Northem Indiana (WNI) or its successor agency for employee recruitment, and sign the required WNI form attached to the petition. Name: Address. City, State, Zip: Telephone: E-mail Address: (Rev 6/13/11) Docu6ign Envelope 10: D8FlC726- DE71A2B2- AE01- AD6D18F646AD WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible real property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South Bend has been paid in full. (Rev 5/13/11) Name of Property Owner(s): Great Lakes Capital Development roxsiRmaq: By: I ( RedeNaRR!)- Bradley J Toothaker (Typed or printed name and capacity of signor if signed by an agent or representative of the owner.) 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OR a ■E man k�0 |� ■■ E, ti#%£«} i «&|6E: 7 §7!■c 0 OM �k� /)0 i!!!ƒg£/ §{0CD0 .Zo ƒ \ k■ 3 = ` #a Mo =2E § 0 a U- ; CDa § §4 ` ��00 / 7!ƒ.( §k, 0 a .lfAli» f- }\}(kE ,, -roam Q� ■,M )}!#ƒ| {0 a 7# \i §I /| ..ln!#\&; A) %E »ƒ( ƒ\}M72. �U / J ;a e2;. 2`` a!` i circa M %E �'R0 sa \�!#0 �N Dow6lgn En elope 10: DBFiC22 &DE2142B2-AE01- AD6D1BF646AD Photos Exhibit C Filed In Cisrk,,rj office I 1,u. 21 2013 1 CI'I Y q_ A¢ _;;1y 04.ENO, IN Dacuaian Envelope ID: 08FIC726- DE7142B2- AE01- AD6D18F646AD South Bend Tax Abatement Ordinance Overview Procedures and General Standards — Abatement in Tiers South Bend's Abatement Program is a program which awards a base level of abatement for any project that meets certain minimum level development standards. Additional years of abatement may be added to this base for projects involving the development or rehabilitation of commercial real property listed in the following table provided the project fosters certain economic development and other public benefits. Base Abatement Base Abatements may be awarded according to the following schedule: Development Area New Rehab. Add- Base Constr. On? Yrs Multi -Famil EDTA $1,000000 $250,000 Yes 3 Sin le Famil -Ci -wide An VIA. No 5 Office CBD 15,000 sf 5 000 sf Yes 3 Office EBDA, TAIA 7 500sf 5 000 sf Yes 3 Retail CBD EBDA, TAIA An An Yes 3 Retail UEZ An An Yes 3 Mixed Use CBD 15 000 sf 5,000 sf Yes 3 Mixed Use !:::: 3 DA 7,500 sf 5 000 sf Yes 3 Institutional CBD EBDA, UEZ I n An Yes 3 Hotel/Motel CBD EBDA, AEDA 20 rooms n.a. Yes 3 Industrial Ci -wide 10,000 sf 10 000 sf Yes 3 Industrial UEZ, RBA An An Yes 3 Warehouse Ci -wide 25,000 sf 25,000 sf Yes 3 Warehouse EDTA UEZ, RBA An An Yes 3 Personal Property City-wide - Any None No 5 (Equip. & Machine Definitions of Area Abbreviations Airport Economic Development Area East Bank Development Area Redevelopment Blighted Area Urban Enterprise Zone Central Business District Economic Development Target Area Tax Abatement Impact Area Additional Base Abatement Criteria • The project must be perceived to generate a ten -year financial return (in taxes, fees, pmts, community econ & social benefits ...) sufficient tojustify the City's direct investment in infrastructure support. • A Memorandum of Agreement is executed which speaks to: - o The conditions of the abatement o The timeframe for actions Bsa� o An agreement to respond to surveys related to co EE in CI t - "^--•, (Rev. 5113111) ' AUG P 1 7fii3 OITYO!®BK, SOU09. EE�vJ, gq 00cu5ign Envelope ID: DBF1C 726- DE71.4282-AE01- AD6D18FB46AD South Bend Tax Abatement Ordinance • An agreement to grant access related to compliance inspections • Any events that might cause termination or payback actions • The applicant must be current in their taxes. • There must be no pattern of local, state or federal law or regulatory violations. Add -On Abatement One to seven additional years abatement may be considered for projects involving certain commercial real property (listed above) that achieve Public Benefit Points described in the following tables: Table I Pro'eet Related Actions Redevelop a site which has special needs such as converting a commercial building to residential use, rehabilitating and reusing an historic building, rehabilitating and reusing a property that has been designated a "problem property" by the Community and Economic Development Department, or paying the cost of cleanin u a Brownfield. Points 49 Develop a product or business based on licensing intellectual property arising from research conducted at a universi ty in St. Joselph County. 35 Achieve one or more physical elements identified in a development or revitalization plan that has been approved by the Common Council. 36 Super -Size Development Actions (For exceeding the minimum hJor s . foots a uired to meet base ear criteria Cumulative! 100 to 199% 200 to 299% 300 to 399% 400% and over Construction Related Actions Employ local companies for at least 75 %ofconstruction work(of that which is reasonably available local) 20 Purchase 75 %of materials local) of that which is reasonably available local) 20 100% of construction workers are employees not Independent Contractors 19 Pay 100% of the wage that the US Dept of Labor has determined to be prevailing in St. Joseph County. Published on the Davis -Bacon website at h access. , ov /davis.bacont. 22 All contractommust contribute to a health plan. 22 All contractors must contribute to a retirement plan. 18 Contractors must maintain an Affirmative Action Plan. 1 20 Wage & Benefit Related Actions otA licant Pay average of 100°/4 of mean hourly wage reported by the Bureau of Labor Statistics in its most recent Metropolitan Area Occupational Employment Annual Wa a Estimates for South Bend, Indiana Metropolitan Statistical Area 33 (Rev. 5113/11) Dmu&gn Envelope ID: 08F1C 726 -DE71 4282- AE01- AD6D18F646AD South Bend Tax Abatement Ordinance Contribute toward health plan Contribute to Ension or retirement plan Provide training to employees which consists of certified training or educational courses or prOlzrarns conducted within or outside the place of em to ment 34 29 28 Provide or contribute to cost of child da care Provide Transportation Assistance to lower income employees such as using public transportation, subsidized public transportation orspecial van services. Provide an employer-assisted home ownership program 15 14 9 0 Workforce Related Actions of A licant 183 Create a s ified number of new jobs 42 Retain a s stifled number ofexistin jobs 41 Maintain or establish an Affirmative Action Plan. 35 Provide targeted hiring preference for residents of Census Tracts designated by the Community & Economic Dev. Dept. that have the highest unemployment or the highest percentage of low and moderate income individuals. 34 309 4 Pay for extendlag or over sizing municipal Infrastructure including water, sewer, drainage facilities, wastewater treatment facilities, road and street improvements, street lighting, and traffic control and related public improvements. 351 Over sizing cumulative 14 Pa 26 to 50% of extension cumulative 26 Pa for 51 to 75% of extension cumulative 39 Pa for 76 to 100% of extension cumulative 52 Support a Municipal Facility Provide significant financial support to a municipally owned facility such as a park, recreation, cultural arts or entertainment facility. 84 Public Benefit Points and thresholds for Additional Abatement Years The following points must be achieved to earn consideration for each additional year of abatement. Table If - Multifamily Development Projects From To Additional Years 0 141 0 142 183 1 184 225 2 226 267 3 268 309 4 310 351 5 352 393 6 394 & over 7 (Rev. 5/13/11) DocuSign Envelope ID: DBF1C726- DE7142B2.AE01- AD6D18F646AD South Bend Tax Abatement Ordinance Table 111 - All Other Development Projects From To Additional Years 0 300 0 301 357 1 358 414 2 415 471 3 472 528 4 529 585 5 586 642 6 643 & over 7 Additional Requirements All petitioners seeking real property tax abatement for industrial or warehousing developments must agree to work with Workforce Development Services of St. Joseph County or its successor agency when developing plans and recruiting for employment positions created. (Rev. 5/13/11) DocuSign Envelope ID: DBF1C726- DE7142B2- AE61-AD6D18F646AD CITY OF SOUTH BEND, INDIANA WORKONE NORTHERN INDIANA FORM Pursuant to Section 2 -83.2 of the South Bend Municipal Code, the Petitioner referred to herein agrees to work with WorkOne Northern Indiana, 851 South Marietta Street, South Bend, Indiana 46601, or its successor agency as a condition of receiving property tax abatement. Great Lakes Capital Development Petitioners Name Agent's Name Acting on Behalf of the Petitioner Brad Toothaker Contact Person 112 W. Jefferson Blvd. Street Address South Bend, IN 46601 City, State, Zip Code 574- 251 -4400 Business Telephone Number btoothakeroegreatlakescapital .com E -mail Address Signature of Petitioner cc: WorkOne Northern Indiana Chairperson, Community and Economic Development Comml Department of Community and Economic Development piled In C S& Of�l City Clerk's Office — 1 (Rev. 5/13/11) puc, 7 •IJOFDBEND, n+ Cr" CLERK,_ED DOcuSign Envelope ID: DBF1C 726- DE7lA2B2- AE01-AD6D18F646AD .:STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS SIM Form 51057 (¢2 / 1.07) % Prescribed by the Department of Loral GOVemment Finance This Statement is being Completed formal properly that qualifies under the following Indiana Code (chock One box): 9 Redevelopment or rehabiliteen of real estate improvements (IC 51.1. 12.14) O Eligible vacant building (IC 51.1 - 12.1 4.8) INSTRUCTIONS: 1. This&element mull be submllodto the body designating the Economic inlortnati0n lmm the aPPIlcsnl in making its dedslon about whalherf0 de 20 PAY 20_ FORM SB -1 / Real Property hearing ffthe des,gnatu,, body =,,I,, ea. Olhemnse this statement use be Oman wishes to claim a deduclinn 3. TO Obtain a daduchim,applicalson F. 322 ERAJ RE or Form 322 ERAIVBO. Whlchaver la applicable, muel belled will the CounlyAed,lor by the let., oP (1) May 10; or (2) thirty (30) days after the series ofeddition to assessed valuation w new assessment is maAed to the properly, Owner el the address shown on the records of fire fownshtp awass,.. 4. Property owners whose Sfatemenf o[ Benefits was oppmvedafter Juno 30, 1991. must attach a Foan CFC/Real pmpony annually fo the opplicmlonW show comphanca with the Statement of Benefits. (IC 6 -1.1- 12.1- 5.1(b) and IC 6- 1.142.13.30) 5. The schedules established under IC 6- 1. 1. 12. 14(d)Iorrahabll,luediampedyand under C64.f•f2.1- 4.6(1)IOry -Cant build,ngs appty to any slaNmer, ofborefits approved on or after July 1, 2000. The schedWes ef/ecum priorto July 1, 2000, shell continue to app1Y to a statemenl ofbanofils r✓edbo/ere July 1. 2000, age r of a Neme onnpeyer - _ 1 Adre9a al td[p3yel mem bo rOndblmIN, see, super, AIM ZIPpQS) _ f1 I Ny v Namofwbe rsw hlepM1One number E- mailaWross � d TGC e,�C¢r 574 -Z51•�j DJ bfaTl.nktr rew }IeQu ia; ,c Name atdesgmdng body Re eluaan number Leedom of propaM cmMy DLGF tming deIrct numpv DeFNplian of rent aopanv lma nts. race bpmem, or rena Ibn (vu aldifbx /snncls! /rcccmaw Bimetal Ned OMe(mmlh. dq. Hall i 113 EsNmteda "Istion one(nq.YM1. dry, yxafi Z Z3 IS Lurcent numaer Saban Number retuned Sabna a Number addlbnal $ibMi H 3(S ooc I, 31s oao c p NOTE: Pursuant to IC 6-1.1. 12.1- 5.1(d)(2) the COST of the property FLEAL ESTATE IMPROVEMENTS is. ddnlial. COST ASSESSEDVALUE Current values Z O Plus estimated values of proposed proled [ r• '� O Less values or any property being replaced Net delinealM values upon completion of project Estimated solid waste convened (pounds) Estimated h..rdo semnve a vn Omer morns - T (U3, 2 1 2013 I hereby cerlify that the representations in this statement are true. icpexnbuw Tnle Date sgnaa (mmin, day lead managing member 8/8/2013 age r of a DocuSign Envelope ID: DBFlC726- DE714282-AE01- AD6D18F646AD Page 2 of 2 We have reviewed our prior actions relating to the designation Of this Economic Revitalization Area and find that Ins applicentmeek the general standards adopted in the resolution previously approved by this body. Said resotullon, passed under IC 6 -1.1 -12.1, provides for the following llmitallons: A. The designated area has been limited to a period of time not 10 exceed calendar years - (see below). The date this designation expires I6 B, The type of deduelion that 9 allowed in the designated area is limited lo: 1. Redevelopmanl or rehabilitation of real estate improvements ❑YCS ❑rile 2. Residentially distressed areas 0Yes ❑ No 3. Occupancy olavacant building ❑Yes ❑No C. The amount of the deduction applicable is limited to 5 0. Other fimllatlons or conditions (span /y) E. The deduction is allowed for years• faee below). We have also reviewed the Information contained in the statement of bene0ls and gM that the estimates and expenzgons am reasonable and have determined that the unattly of bene0la is sufficient to justify the deduction described above. Aporwsd(slyeawm end R loo /.u/hetlzcd mmno.c of doegnoWg body) TBI.pIx. numb., Date "not lamn0, day, ye on Mast¢d by lsrgrertPe IDWldle.frougi i Desigmurd bury If the designating body limits the time period during which an area Is an economic revitalization area. it does not limit the length of time a uxpayar is entitled to receive a deduction to a number of years designated under ID 6- 1,12 - 12.14, A. For residen0ally distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revilelization Area was designated prior l0 July 1. 2000, the deduction period Is limited to three (g), six (6). or ten (10) years. Z If the Economic RovlWlizatlon Area was designated after June 20. 2000. the deduction period may not exceed ten (10) years. C. Pot vacant buildngs, the deduction period may not exceed Me (2) years. Page 2 of 2 DocuSign Envelope ID: DBF1C726- DE714282- AE01- AD6Dl8F646AD Date: August 7, 2013 Dear Tax Abatement Applicant: First, let us take this opportunity to thank you for inquiring about the City of South Bend's commercial real property tax abatement program. Next, we want to make you aware of four important items that will help you in your planning process and setting your construction schedule: I. State law requires that you do not pull any building permit before receiving approval of your tax abatement petition from the Common Council. If you pull the building permit before receiving Council approval, your petition will not be considered. 2. The Common Council requires a minimum of 15 calendar days to examine your petition and our office requires at least an additional 15 calendar days to review it and prepare a report to the Council. This period of time could be increased if your property is located in a Redevelopment Area as approved by the South Bend Redevelopment Commission. 3. The current owner or owners of the property for which the tax abatement is being requested must sign the petition. 4. For real estate developments and new construction involving property boundary changes, tax abatement petitions will not be considered for review until after the development or construction project has been submitted for final plat approval. In response to your request, please find the following three forms and handout enclosed that are titled: Statement of Benefits Real Estate Improvements (Form SB- I/Real Property), City of South Bend Petition for Real Property Tax Abatement (application), Workforce Development Services of Northern Indiana (required for only industrial or warehousing projects) and the handout South Bend Tax Abatement Ordinance Overview Procedures and General Standards. The Statement of Benefits, City of South Bend Petition for Real Property Tax Abatement and Workforce Development Services forms are mostly self explanatory, however, please feel free to call us at 574- 235 -9371 should DocuSign Envelope ID: DBFiC726 -DE71. 4282- AE01- AD6D18F646AD you have any questions. Upon completion of the forms, please return them to the City Clerk's Orrice in Room 455, County-City Building, 227 W. Jefferson Blvd„ South Bend, IN 46601 along with an application fee of $250.00 made payable to the City of South Bend. We will then be in contact with you regarding the schedule of meetings to complete the abatement process. Once again, thank you for your interest in our program and we look forward to hearing from you. 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Please sign for ail requested incentives. libli2Benefi4)tem� Information is required ;on both the consvuction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. if you quality for the points, please enter the full amount of available points. Quality (Yes or Na) Famed POlnts Avallablepolets 1 Construction Related (Ca traetonh A. EmPloy laral companies (75%) Yes 20 20 B. Purchase Materials from Weal Companies (759) Yea 20 20 C. Require Employees vs. Independent Contractors Yes 1B 19 D. Require Pressing Wage (Davis Bacon) No 0 22 E. Require Health Benefits Yes 22 22 F. Require Pension Benefits Yes 18 38 G. Mainain Affirmative Action Plan Yes 20 20 SubActal Construction Related: 119 141 2 Waae&Benelk Related lOwned• A. Pry Target Wage levels Yea 33 - 33 B. Provide Health Benefits Yea 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Training Yes 28 28 E. Provide Child Care No 35 F. Provide T2nsport,tion Assistance No 14 G. Provide Employer Assisted Housing program No 9 Sabddtal Wage & parent Related: 124 162 3 WPHdorce Related: A. Create New Jobs Yes 42 42 e Retain Existing Jobs Yea 41 41 C. Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference Yes 34 34 Subtobl Workforce Related: 152 152 4 SU222 aMunkioel F4O9lr. A. Support x58 Municipal Facilily(donatbns to the zoo, mnsemtorY.museum,etc.) Yes B4 Name of Facility Boum aced Pafiu, Zoo•VacentlAvaMOrod Subtotal Municipal Fsd1ity: 89 Be 8ubstotalfrdm Above: 479 539 The undersigned owner(s) of real property, looted within the City of South Bend, herby petition the Common Council of the Gty of South Bend fora real and/grpersonal property tax abatement consideration and pursuant to I-C, 6-1.1- 12.1.1, et seq., and South Bend Municipal Code Sec 2 -76 et seo., fee this petition state the above For Staff Use Only WNtl.tlmaunMUwvWwlwr ReY VmpmtN vemNW PrepNry: whatbtM projesbd,�uNxdYYwt Rut vrapNtq PNSeNIP rapertY WhatlatM Wrhetnumberkr.WSproJNti W hR Is Me sla digk NAILS osde7 Pkaseattarh • twoglamapmdslreeivkwofMelautl4n NeasepwMeamwnlo frNlaMpenmul NaperrytuN W Idbr Ma tut IM years wAen ePPRNNa. AW Ir4pedyTaxen hraanalp,., YTaxes YNrOne lftar e Va.". YNri., YtarRN Please fill Out the fallowing Public Bene @Summaryinformatlon and add t9 totalfrom above. agt,m Pn� Public Benegtstem: Protect rtelated ' 5 q. Redevelop a" le that has Special Needs 49 B. Develop Bas.d on Loralllniversity Research 3S C. jAchleue a Physical Element of a Plan 36 Sub -total Project Related: 0 120 6 Super She Prolects fooim Values are cumulative): A 100%to 1999 25 B. 200%to 299% 68 C 30UXto399% 65 0. 400 %and OVer 52 5ub4otal Super She Projects: 0 210 7 Pav for Municipal hdnstmeture: A. Pay for Ovlrsizing or Dpgrading 14 B. Pay for 2660%2.-E e n s I o n Cost 26 C. IP, fw 51 -759 ofiDdensbn Cost 39 D. IPay for 76100% of Extension Cost 52 $Yb.WWInfrastructure Related: 0 131 Tutalfrom Applizant5ectlm: 479 539 Totalfrom StaNSeNOm 0 461 Tetal Publie Banefd PolMY 479 1000 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 837 Miner Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROM SINGLE FAMILY AND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI-FAMILY(MFI) WITH SPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: 837 Miner Street, South Bend, Indiana 46617, Key # 018 -5025 -0886, Lot 21 Replat Of Chapaton Place be and the same is hereby established as Urban Corridor Multi- Family (MFI) District SECTION II. That a Special Exception for group residence in a urban corridor mutli family (MFI) zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk Member of the Coming Council $1gft of %- b11 d3 only to ( t en oppatl<mt� fu pu;6" G heaaing end Gourd ate m on $this Inns, Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the day of .m. City Clerk day of , 20 , at o'clock Mayor of the City of South Bend, Indiana 1st READING PUBLIC HEARING 3 rd READING dolt 3 Dr �.el NOT APPROVED CITY CLFP.K' S500T ` MiND. IN REFERRED PASSED PETITION FOR A COMBINED HEARING City of South Bend Indiana i (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): I) The subject property is located at: 837 Miner Street, South Bend, Indiana 46617 2) The property Tax Key Number(s) is /are: 018 -5025 -0886 3) Name and address of property owner(s) of the petition site: Cosimo Bumbaca 11788 Bluebell Circle Granger IN 46530 574- 261 -4965 lbumhaca@gmail.com For additional mvners, reprint additional pages with signatures 4) Name and address of contingent purchaser(s), if applicable: None For additional owners, reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: From: Single Family and Two Family (SF2) District To: Urban Corridor Multi- Family (MFI) District 6) This rezoning is requested to allow the following use(s): group residence(s) 7) If applicable, a detailed description and the purpose of the variance(s) being requested: (a) variance from perimeter landscape to wood fence shown on site plan, (b) variance from foundation landscape to existing landscape (none), and (c) variance from parking requirements (3 spaces) to 2 spaces in garage plus 2 spaces on gravel and 1 street parkling; the purposes of the variances being requested are to maintain the existing home whose outward attributes are complimentary to the existing neighborood and whose outward attributes would no longer be complimentary to the neighborhood ifstrict compliance were sought for the perimeter landscape, foundation landscape and parking 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: because the property contains an existing home and does not alter the existing perimeter landscape, foundation landscape or parking (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: because the property contains an existing home and does not alter the existing perimeter landscape, foundation landscape or parking (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: because the property contains an existing home whose perimeter landscape, foundation landscape and parking are complimentary to the existing neighborhood 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: group residencefor use as student housing up to 5 students, purpose ofspecial exception to permit students to live in common but in larger area than that offered by the University of Notre Dame 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: because the property contains an existing home used as a rental property to students which the special exception does not change (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: because the property contains an existing home used as a rental property to students which the special exception does not change (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: the property is already used as student housing consistent with the character of the district in which it is located (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. the property is already being used as student rental housing 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) 17 site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Frank J Agostino, Esq. Fran"gostino@msn.com P.O. Box 1635 South Bend IN 46633 _ 574- 288 -3750 CONTACT PERSON: (If differ nt)~ EB s Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): ,q-Ti hR E'"i eph Parcels County Parcels PARCELID NAME-1 MAILINGADD MAILINGCIT MAILIN GSTA MAILING ZIP 018 - 5031 - 112932 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018 - 5031 - 112915 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018- 5031 - 112931 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale 111- 60521 018 - 5031 - 112914 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018 -5031- 112930 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018 - 5031- 112913 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018 - 5031 - 112929 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018 -5031- 112912 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018- 5031 - 112928 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018 - 5031 - 112911 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018 - 5031 - 112927 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018- 5031 - 112910 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018 - 5031 - 112926 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018 - 5031 - 112909 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018 - 5031 - 112925 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018- 5031 -1129 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 O, osi 1 018- 5024 - 086001 SAINT JOSEPH'S REGIONAL MEDICAL CENTER - SOUTH BEND CAMPUS, INC P O Box 1935 South Bend IN 46634 018- 5026 -0931 GROSS & COHEN NOTRE DAME II LLC 832 NORTH NOTRE DAME AVE South Bend IN 46617 018 - 5029- 107001 GROSS & COHEN NOTRE DAME LLC 832 NORTH NOTRE DAME AVE South Bend IN 46617 018- 5031 - 110401 CAMPUS HOUSING AT SOUTH BEND LLC 836 N Notre Dame Ave Ste 1 D South Bend IN 46617 018- 5026 - 094101 MURPHY GEORGIA ANN AND FRANK 19250 Serene Dr South Bend IN 46637 018- 5026 -0941 GROSS & COHEN NOTRE DAME II LLC 832 NORTH NOTRE DAME AVE South Bend IN 46617 018 - 5026 -0932 NVNG LLC 812 E LaSalle Ave South Bend IN 46617 018 - 5026 -0930 KENT KENNETH L & MARK KRAMER JT W /FROS 812 E LaSalle Ave South Bend IN 46617 018 - 5026 -0933 GROSS & COHEN NOTRE DAME II LLC 832 NORTH NOTRE DAME AVE South Bend IN 46617 018- 5026- 093401 KENT KENNETH L JR 153980 Roscommon Lane Granger IN 46530 018 -5026- 093501 KENT KENNETH L JR 15398 Roscommon Ln Granger IN 46530 018 - 5026 -0936 KENT KENNETH L JR 15398 Roscommon Ln Granger IN 46530 018 - 5026 -0937 IVACIC REVOCABLE TRUST 924 MINER ST South Bend IN 46617 018 - 5025 -0877 PAPAGIANNIS SUSANSEE TRANS NOTES 16635 Bennington Ct Granger IN 46530 018- 5025 -0878 DELAGO LLC 1319 S State St Apt B Chicago IL 60605 018 - 5025 -0879 COSIMO BUMBACA 11788 Bluebell Cir Granger IN 46530 018- 5025 -0880 CRIMMINS FREDERICK H & MARTHA AGNES 1832 CAMPEAU ST South Bend IN 46617 018- 5025 -0881 LUYBEN JAMES ROSS JR & JESSICA LYNN LUYBEN 817 E Miner St South Bend IN 46617 018- 5025 -0882 SMITH DENA D 3390 Anaconda Dr Cincinnati OH 45258 018 - 5025 -0883 BUMBACA COSIMO 11788 Bluebell Circle Granger IN 46530 018 - 5025 -0884 BUMBACA COSIMO 1707 South Bend Ave South Bend IN 46637 018 - 5025 -0885 N V N G LLC 211 W Washington sle 1800 South Bend IN 46601 018 - 5025 -0886 BUMBACA COSIMO 1707 South Bend Ave South Bend IN 46637 018 - 5026 -0920 CIVIL CITY OF SOUTH BEND 1406 S Michigan South Bend IN 46601 018 - 5026 -0921 DCBA LLCSEE TRANSFER NOTE 3010 Hickory Rd Mishawaka IN 46545 018 - 5026 -0922 DCBA LLCSEE TRANSFER NOTE 3010 Hickory Rd Mishawaka IN 46545 018- 5026 -0923 KENT KENNY 15398 Roscommon Granger IN 46530 018- 5026 -0924 DCBA LLCSEE TRANSFER NOTE 3010 Hickory Rd Mishawaka IN 46545 018 - 5026 -0925 KENT KENNETH L JR 15398 Roscommon Ln Granger IN 46530 018- 5026 -0926 DCBA LLC 3010 Hickory Rd Mishawaka IN 46545 018- 5031 -1104 KIMBLE CARL J & ANNA 840 N Ironwood Dr South Bend IN 46615 018- 5026 -0907 GARNER MITZI 902 Bonn St South Bend IN 46617 018 - 5025 -0867 GROSS & COHEN NOTRE DAME II LLC 832 NORTH NOTRE DAME South Bend IN 46617 018 - 5025 -0869 GROSS & COHEN NOTRE DAME II LLC 832 NORTH NOTRE DAME AVE South Bend IN 46617 018- 5025 -0870 GROSS & COHEN NOTRE DAME II LLC 832 NORTH NOTRE DAME AVE South Bend IN 46617 018- 5025 -0871 HARRIS VELMA J 818 SORIN ST South Bend IN 46617 018 - 5025 -0872 SUTTON LEROY JR & HELEN J 53307 Peggy Ln South Bend IN 46635 018- 5025 -0873 AGBETSIAFA PATRICIA ANN & DOUGLAS K 224 N Sunnyside Ave South Bend IN 46617 018 - 5025 -0874 GROSS & COHEN NOTRE DAME II LLC 832 NORTH NOTRE DAME AVE South Bend IN 46617 018 -5025 -0875 HOETY LAND TRUST 834 Go Kramer Properties South Bend IN 018 - 5025 -0876 GROSS & COHEN NOTRE DAME II LLC 832 NORTH NOTRE DAME AVE South Bend JIN d4617 018- 5026 -0909 SIX ISABELLA V & ROBIN A 908 E Sorin St South Bend IN 46617 018- 5026 -0910 EHMAN MARILYN L 910 E Sorin St South Bend IN 46617 018- 5026 -0911 PARISI FRANCESCO AND LINA 10207 Glen Lee Granger IN 46530 018 - 5026 - 091201 PARISI FRANCESCO 10207 Glen Lee Tr Granger IN 46530 018 -5031 -1103 GROSS & COHEN NOTRE DAME LLC 832 NORTH NOTRE DAME AVE South Bend IN 46617 018- 5031 - 112916 BELCORP FINANCIAL SERVICES INC 120 E Ogden Ave Ste 124 Hinsdale IL 60521 018 - 5031 -1102 GROSS & COHEN NOTRE DAME LLC 832 NORTH NOTRE DAME AVE South Bend IN 46617 018- 5026 -0942 AJP REAL ESTATE GROUP LLC P O Box 8318 South Bend IN 46660 018 - 5026 -0943 GROSS & COHEN NOTRE DAME II LLC 832 NORTH NOTRE DAME AVE South Bend IN 46617 018- 5026 -0944 GROSS & COHEN NOTRE DAME II LLC 832 N. Notre Dame Avenue South Bend IN 46617 018 - 5026 -0945 BOWERS JAMES F 915 E Cedar South Bend IN 46617 018 - 5026 -0946 1 PORTOLESE GREGORY F 919 E Cedar St South Bend IN 46617 Ec b4 mv CLERK, !.!. Rg | \{ 2% \\ f/) EA !/ \ m) ;� � 837 Miner Street, South Bend, IN 46617 A. Tabulated Data 1. Land Coverage Total 4,028 sf a. Building 812 sf 20% b. Parking 324 sf 8% c. Open Space 2,892 sf 72% 2. Proposed Land Use Residential 1.5 story 5 Bedroom I; F60 tg�e ii 3. Parking required: two parking spaces for each dwelling unit, three required spaces for group residence with five persons. Property owner provides two car detached garage, two gravel parking spaces and on- street parking for use of tenants. B. No change in current city provided water and sewer. C. Owner — Cosimo Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574- 261 -4965. D. Mapped Information — applicable information shown on preliminary site plan ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1021 -1023 Talbot Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROM SINGLE FAMILYAND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI- FAMILY(MFI) WITH SPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: 1021 -1023 Tallbot Street, South Bend, Indiana 46617, Key # 018 -5095 -3362, Key No. #18 -5095 -3363, Lots 32 and 33 Talbots Plat be and the same is hereby established as Urban Corridor Multi - Family (MFI) District SECTION II. That a Special Exception for group residence in a urban corridor mutli family (MFI) zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk G LA, S nit Member of the Common Co cil MphV of this mill is only to pmvWe an opporhmity for public tearing and Cowd action on this issue, Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the day of .m. 1 st READING Z —Z0— t I PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of , 20 , at o'clock Mayor of the City of South Bend, Indiana E I t.` 1 ` 4. "•^•- ._- ---,^_ -.111 PETITION FOR A COMBINED HEARING City of South Bend. Indiana 1 (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 1021 -1023 Talbot Street, South Bend, Indiana 46617 2) The property Tax Key Number(s) is /are: 018 -5095 -3362, 018 -5095 -3363 3) Name and address of property owner(s) of the petition site: Cosimo Bumbaca 11788 Bluebell Circle Granger IN 46530 574- 261 -4965 Ibumbaca @gmail.com For additional owners, reprint additional pages ivith signatures 4) Name and address of contingent purchaser(s), if applicable: None For additional mvners, reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: From: Single Family and Two Family (SF2) District To: Urban Corridor Multi- Family (MFI) District 6) This rezoning is requested to allow the following use(s): group residence(s) Maria B LLC 11788 Bluebell Circle Granger IN 46530 574 -261 -4965 Ibumbaca @gmaii.com 7) If applicable, a detailed description and the purpose of the variance(s) being requested: (a) variance from perimeter landscape to wood fence shown on site plan, (b) variance from foundation landscape to existing landscape (none), and (c) variance from parking requirements (3 spaces) to 2 spaces in garage plus 3 spaces on gravel and I street parkling; the purposes of the variances being requested are to maintain the existing home whose outward attributes are complimentary to the existing neighborood and whose outward attributes would no longer be complimentary to the neighborhood if strict compliance were sought for the perimeter landscape, foundation landscape and parking 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: because the property contains an existing home and does not alter the existing perimeter landscape, foundation landscape or parking (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: because the property contains an existing home and does not alter the existing perimeter landscape, foundation landscape or parking (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: because the property contains an existing home whose perimeter landscape, foundation landscape and parking are complimentary to the existing neighborhood 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: group residence for use as student housing up to 6 students, purpose ofspecial exception to permit students to live in common but in larger area than that offered by the University of Notre Dame 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: because the property contains an existing home used as a rental property to students which the special exception does not change (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: because the property contains an existing home used as a rental property to students which the special exception does not change (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: the property is already used as student housing consistent with the character of the district in which it is located (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. the property is already being used as student rental housing 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) 17 site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): Frank J Agostino, Esq. Frank_ 4gostino @msn.com P.O. Box 1635 South Bend IN 466*' 6cSC E. I6t'f 574- 288 -3750 ' —^ t, r1d. { CONTACT PERSON: (If different. FEB � J f.0 Y ! c __j ,6fttSG:S Us`3C1. ^.fir "', POL141 i REND, IN N k n� w� N iD u_N o O N O N (1J D r C) D G rn z c rn N O O W n N O _ A � �� i� II � li O p I — — A N IF j w 0 � li N W � w m I! T w CiTy 1 n T p O I D O W Ip N O II m I m m cu c N n w N II O O N y ct D 0 A G D —K — Talbot Ave. a 0 DAO � DAD /I I i 102,1 -1023 Talbot Avenue, South Bend, IN 46617 A. Tabulated Data 1. Land Coverage Total 9,600sf (4800 house lot, parking on adjacent vacant lot, total both lots 9,600) a. Building 1,225 sf 13% b. Parking 844 sf 9% c. Open Space 7,531 sf 78% 2. Proposed Land Use Residential 2 story 6 Bedroom 3. Parking required: two parking spaces for each dwelling unit, three required spaces for group residence with six persons. Property owner provides two garage parking spaces, three gravel parking spaces and on- street parking for use of tenants. B. No change in current city provided water and sewer. C. Owner— Maria B LLC and Cosimo Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574- 261 -4965. D. Mapped Information — applicable information shown on preliminary site plan 4l ;E 2 /! \ \\ OD 7( |( } §� \ !� �� \ A Parcels Countv Parcels PARCELID NAME_? MAILINGADD MAILINGCIT MAILINGZ IP 018- 5095 -3369 MATTHEWS JAMES R & MARIA E 1011 Cardinal Dr Zion 60099 018 - 5095 -3370 PAPAGIANNIS MICHAAEL 1036 Talbot Av South Bend r1N 46617 018 - 5095 -3348 STATE OF INDIANA 100 N Senate Ave Indianapolis 46204 018 - 5095 -3349 STATE OF INDIANA 100 N Senate Ave Indianapolis IN 46204 018 - 5095 -3350 STATE OF INDIANA 100 N Senate Ave Indianapolis IN 46204 018 - 5099 -3489 PLACE BUILDERS INC 1620 N Ironwood Dr South Bend IN 46635 018 - 5097 -3448 DA ZHI AND NAN 14562 Carrigan Ct Granger IN 46530 018- 5097 -3449 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INCSEE TRANSFER NOTE 803 Lincolnway West South Bend IN 46616 018- 5095 -3352 STATE OF INDIANA 100 N Senate Ave Indianapolis IN 46204 018 - 5102 -3581 STATE OF INDIANA 100 N Senate Ave Indianapolis IN 46204 018- 5097 -3447 NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION INCSEE TRANSFER NOTE 803 LLW ISouth Bend IN 46616 018 - 5095 -3346 STATE OF INDIANA 100 North Senate Ave Indianapolis IN 46204 018- 5095 -3336 FIVE CORNERS LLC 814 Marrietta South Bend IN 46601 018 - 5095 -3351 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018 - 5095 -3342 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 018 - 5095 -3344 STATE OF INDIANA 100 N Senate Ave Indianapolis IN 46204 018 - 5095 -3357 DT AND COMPANY LLC 50921 Ridgeview Ln Granger IN 46530 018 - 5095 -3363 COSIMO LLC 11788 Bluebell Circle Granger IN 46530 018 - 5095 -3371 STALLING SAM & CHERYL 1028 Talbot Av South Bend IN 46617 018- 5095 -3343 FIVE CORNERS LLC 814 S Marietta South Bend IN 46601 018 - 5095 -3367 TALBOT 1007 LLC 544 W 7th St Hinsdale IL 60521 018- 5095 -3379 CHARLES HAYES INC 814 Marietta St South Bend IN 46601 018 -5095 -3366 HILL ALFONZO AND LILLIE J 1015 Talbot Av South Bend IN 46617 018 -5095 -3374 HUNT GERALD P AND JESSICA L 10330 Brummitt Road Granger IN 46530 018 - 5095 -3361 HOUSING AUTHORITY 501 S Scott St South Bend IN 46613 018 -5095 -3373 THAUMATURGUS INC %The Omega Group South Bend IN 46614 018- 5095 -3380 FIVE CORNERS LLC 814 S Marietta South Bend IN 46601 018 - 5102 -3590 HUIZAR LINO & MARICRUZ 1333 Howard St South Bend IN 46617 018 - 5095 -3378 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 018- 5095 -3356 HOMEWORKS INVESTMENTS INC 309 S Logan South Bend IN 46615 018- 5093 -3284 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018- 5093 -3286 WRIGHT JACQUELYN 1310 E Howard St South Bend IN 46615 018 - 5092 -3272 LIGHT OF THE WORLD SPIRITUAL CHURCH 1224 E Howard St South Bend IN 46617 018- 5092 -3275 FIVE CORNERS LLC 814 Marietta Street South Bend IN 46601 327801 CHISM BETTY ST South Bend IN 46617 018 -5092 -3279 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018 - 5092 -3281 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018- 5095 -3358 MFC SOUTH BEND HOLDINGS II LLC 8833 Gross Pt Rd Skokie IL 60077 018- 5095 -3368 MAHO VENTURES LLC UND 99% INT & RONALD KYLE BOCINSKY UND 1% INT TIC BETWEEN THE RESPECTIVE UND INT 701 Plantation Cove Woodstock GA 30188 018- 5095 -3359 WHEELER FRANCINE 1247 Howard St South Bend IN 46617 018- 5095 -3341 MC DANIEL JAMES, MARTIN BRUCE MCDANIEL, THOMAS MCDANIEL & RICHARD MCDANIEL ALL UND 1/4 INT 1227 E Howard St South Bend IN 46617 018- 5095 -3365 HILL ALFONZO AND LILLIE J 1015 Talbot Av South Bend IN 46617 018 - 5095 -3377 REESE ETHEL MAE & HILL DORIS R 1008 TALBOT South Bend IN 46617 018- 5095 -3355 FIVE CORNERS LLC 814 Marietta South Bend MI 46601 018 - 5095 -3364 COSIMO LLC 11788 Bulebell Circle Granger IN 46530 018- 5095 -3335 STATE OF INDIANA 100 North Senate Ave Indianapolis IN 46204 018- 5095 -3376 BUMBACA COSIMO 11788 Bluebell Circle Granger IN 46530 018- 5095 -3354 INNOVATION DEVELOPMENT LLC 201 N Yates Ln Mount Prospect IL 60056 018- 5095 -3353 HOUSING AUTHORITY OF CITY OF S. B. 501 S Scott St South Bend IN 46613 018- 5095 -3337 STATE OF INDIANA 100 N Senate Ave Indianapolis IN 46204 018 -5095 -3362 MARIA B LLC 11788 Bluebell Circle Granger IN 46530 018 - 5093 -3285 018- 5095 -3360 OWSLEY CRAIG S 1039 Talbot St South Bend IN 46617 018 - 5095 -3372 STALLING SAM & CHERYL 1028 Talbot Ave South Bend IN 46617 018 - 5095 -3345 STATE OF INDIANA 100 N Senate Ave Indianapolis IN 46204 018- 5095 -3347 STATE OF INDIANA Government Center S 5th Floor Indianapolis IN 46204 018 -5102- 359301 CITY OF SOUTH BEND -DEPT OF PUBLIC PARKS 1400 County City Bldg South Bend IN 46601 t CITY ( . � J� P6, to - N ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1104 Bissell Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROM SINGLE FAMILYAND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI - FAMILY (MFI) WITH SPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: 1104 Bissell Street, South Bend, Indiana 46617, Key # 018 -5084 -2979, Lot 112 Park Place 2nd Add be and the same is hereby established as Urban Corridor Multi- Family (MFI) District SECTION II. That a Special Exception for group residence in a urban corridor mutli family (MFI) zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk Member of the Common ouncil 6�ft of ft a i5 lily t en me fos o ���I � hC— and Qaibis k�u% Presented by me to the Mayor of the City of South Bend, Indiana on the 20—, at _o'clock M. Approved and signed by me on the _ day of .m. I st READING I-Z�k-\ PUBLIC. HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of _, 20—, at o'clock Mayor of the City of South Bend, Indiana jI 14 6END, IN PETITION FOR A COMBINED HEARING City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 1104 Bissell Street, South Bend, Indiana 46617 2) The property Tax Key Number(s) is /are: 018 -5084 -2979 3) Name and address of property owner(s) of the petition site: Casimir Bumbaca 11788 Bluebell Circle Granger IN 46530 574- 261 -4965 Ibumbaca @gmail. com For additional oivners, reprint additional pages with signatures 4) Name and address of contingent purchaser(s), if applicable: None For additional oivners, reprint additional pages ivith signatures 5) It is desired and requested that this property be rezoned: From: Single Family and Two Family (SF2) District To: Urban Corridor Multi- Family (MFI) District 6) This rezoning is requested to allow the following use(s): group residence(s) 7) If applicable, a detailed description and the purpose of the variance(s) being requested: (a) variance from perimeter landscape to wood fence shown on site plan, (b) variance from foundation landscape to existing landscape (none), and (c) variance from parking requirements (2 spaces) to 4 spaces on gravel and street parkling; the purposes of the variances being requested are to maintain the existing home whose outward attributes are complimentary to the existing neighborood and whose outward attributes would no longer be complimentary to the neighborhood ifstrict compliance were sought for the perimeter landscape, foundation landscape and parking 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: because the property contains an existing home and does not alter the existing perimeter landscape, foundation landscape or parking (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: because the property contains an existing home and does not alter the existing perimeter landscape, foundation landscape or parking (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: because the property contains an existing home whose perimeter landscape, foundation landscape and parking are complimentary to the existing neighborhood 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: group residence for use as student housing up to 4 students, purpose ofspecial exception to permit students to live in common but in larger area than that offered by the University of Notre Dame 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: because the property contains an existing home used as a rental property to students which the special exception does not change (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: because the property contains an existing home used as a rental property to students which the special exception does not change (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: the property is already used as student housing consistent with the character ofthe district in which it is located (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. the property is already being used as student rental housing 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) 17 site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Frank J Agostino, Esq. Fran"gostino@msn.com P.O. Box 1635 South Bend IN .466 34 - -_ - -- 574- 288 -3750 -Held in Cis CONTACT PERSON: (If dii'ferent J Tu, 777:f' CITYCLt Signature(s) of All Property owner(s), or signature of �Attorney for all property owner(s): Bissell Street 1 4UN G' IA I� � N rn F p o � O O D - � � N N Z lJl Q V A A J N N C9 J � N {.!. R# J\ ;! ®# / G \� #\ _ )^ )} / / ^�� 1104 Bissell Street, South Bend, IN 46617 A. Tabulated Data , . L.- Gb 1. Land Coverage` :.;;,.� �. Total 5,177 sf a. Building 1,440 sf 28% b. Parking 800 sf 15% c. Open Space 2,937 sf 57% 2. Proposed Land Use Residential 1.5 story 4 Bedroom 3. Parking required: two parking spaces for each dwelling unit, two required spaces for group residence with four persons. Property owner provides four gravel parking spaces and on- street parking for use of tenants. B. No change in current city provided water and sewer. C. Owner- Cosimo Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574- 261 -4965. D. Mapped Information — applicable information shown on preliminary site plan iph Parcels County Parcels PARCELID NAME_1 MAILINGADD MAILINGCIT MAILING MAILINGZI 018- 5028 -1017 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 018 - 5082 -2853 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 018 - 5027 -0962 WASHINGTON ARMINTA S 535 N Eddy St South Bend IN 46617 018 - 5028 -1038 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 018 - 5084 -2985 INNOVATION DEVELOPMENT LLC 201 N Yates Ln Mount Prospect IL 60056 018- 5084 -2990 PAPAGIANNIS MICHAEL 610 Eddy St South Bend IN 46611 018- 5084 - 299101 US BANK NATIONAL ASSOCIATION 350 Highland Or Lewisville TX 75067 018- 5084 -2992 US BANK NATIONAL ASSOCIATION 350 Highland Dr Lewisville TX 75067 018- 5084 -2993 DNT ENTERPRISE LLC 13540 Old Creek Court Mishawaka IN 46545 018 - 5084 -2994 TMQ PROPERTIES LLCSEE TRANSFER NOTE 3423 W 228th St Torrance CA 90505 018 -5082 -2852 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 018- 5028 -1043 DOUBLE DOMER PROPERTIES LLC 814 E LaSalle South Bend IN 46617 018- 5028 -1044 GORDON ELEANOR A 607 N Eddy South Bend IN 46617 018- 5028 -1035 BERGER GIDEON AND NOEMISEE TRANSFEF NOTE 309 S Logan St South Bend IN 46615 018- 5082 -2851 CHARLES HAYES INC 814 Marietta St South Bend IN 46601 018 - 5082 -2854 HOUSING AUTHORITY SB 501 S Scott St South Bend IN 46601 018- 5082 -2855 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018- 5082 -2856 TUCKER KAREN E BETTY J FLEMING RES LIFE ESTATE 1116 E. Sorin St. South Bend IN 46617 018 - 5082 -2857 DOYLE KRISTI 1130 Sorin St South Bend IN 46617 018- 5082 -2858 DOYLE KRISTI 1130 Sorin St I South Bend IN 46617 1t -1P 018 -5027 -0959 OWENS DELL 1115 Fremont South Bend IN 46628 018 - 5082 -2859 BURNS CYNTHIA C 1132 E Sorin St South Bend IN 46615 018 - 5027 -0961 MCGHEE KARL C 1020 Sorin St South Bend IN 46617 018 - 5028 -1046 JACKSON SHARON 940 Sorin South Bend IN 46617 018 - 5028 -1045 JACKSON SHARON 940 Sorm South Bend IN 46617 018 -5084 -2966 GOODSELL TIM & SUYEN 714 N Eddy St South Bend IN 46617 018 - 5084 -2968 CHURCH OF CHRIST 706 Eddy St South Bend IN 46617 018- 5084 -2969 FULCE RONELL & PAULA M 1113 Bissell St South Bend IN 46617 018 - 5084 -2971 MOSER MARGARET 1121 Bissell St South Bend IN 46617 018- 5084 -2972 MILLER ROBERT L SR & JENNIFER 1125 BISSELL South Bend IN 46617 018 - 5084 -2973 CHISM ZAMIKI 1129 E Bissell St South Bend IN 46617 018 - 5084 -2974 DOUGLAS DEBORAH M % NHA 1133 Bissell Street South Bend IN 46617 018 - 5028 -1027 DOUBLE DOMER PROPERTIES LLC 544 W 7th St Hinsdale IL 60521 018 - 5084 -2995 MCKNIGHT ROSALINDSEE TRANSFER NOTE 510 Red Bluff Or Fort Wayne IN 46814 018- 5084 -2996 MCKNIGHT LEE C & ROSALIND M 1121 E Sorin St South Bend IN 46617 018 - 5084 -2997 SORIN 1125 LLC 544 W 7th St Hinsdale IL 60521 018 -5084 -2998 PINEDA JHONNY M 54765 Buttemut Rd South Bend IN 46628 018- 5084 -2999 JENNINGS DAWN 502 N Arthur St South Bend IN 46617 018 - 5028 -1039 GORDON ELEANOR A 607 N Eddy South Bend IN 46617 018 - 5028 -1034 DRYE KATHERINE R 618 N Frances South Bend IN 46617 018 - 5084 -2982 HILL TOWANDA 1118 Bissell St South Bend IN 46617 018- 5084 -2983 HILL TOWANDA 1122 Bissell South Bend IN 46613 018 -5084 -2984 QUICK DONALD E 619 Union St Mishawaka IN 46544 018 -5084- 298501 JUDGE SMAILS LLC 222 W Ontario ste 320 Chicago IL 60654 018 - 5084 -2986 VULIN EDDY AN UND 112 INT & ADAMS BRIAN AN UND 1/2 INT TICBTREU1 /2 INT 11134 Bissell South Bend IN 46617 018 -5028 -1021 PAXTON DOROTHA 544 W 7th St Hinsdale IL 60521 018 - 5028 -1030 705 EDDY LAND TRUST #309 1601 N Sepulveda Blvd Manhattan Beach CA 90266 018 -5028 -1031 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 018 -5028 -1028 ECKER KENNETH & CAROL 50871 Ironwood Rd. Granger IN 46530 018 - 5028 -1025 BINGHAM MARVIN T 715 N Eddy St South Bend IN 46617 018 - 5028 -1024 CITY OF SOUTH BEND County City Bldg South Bend IN 46601 018 - 5084 -2967 MISSIONARY CHURCH NORTH CENTRAL DISTRICT INC 3301 Benham Ave Elkhart IN 46517 018 - 5028 -1022 SMITH BRENDA & JONES MOSLEY DEBRA & JONES CARLYN & ROMY & CLARENCE 723 Eddy Street South Bend IN 46617 018- 5084 -2955 HURD CLARENCE A & BRENDA K MAYS TIC 3825 Nall Ct. South Bend IN 46614 018 -5084 -2956 MFC SOUTH BEND HOLDINGS II LLC 8833 Gross Pt Rd Skokie IL 60077 018- 5084 -2957 BRONSON LEE PARTNERS 222 W Ontario Ste 320 Chicago IL 60654 018 - 5084 -2954 HURD CLARENCE A & BRENDA K MAYS TIC 3825 Nall Ct South Bend IN 46617 018 - 5084 -2958 INMAN CATHERINE DEVORE 1118 Chalfant St South Bend IN 46617 018 - 5084 -2959 SOUTH BEND HOUSING AUTHORITY ATTN PAUL SCHOLTEN P O Box 11057 South Bend IN 46601 018 - 5084 -2960 HARRIS HOMER & DOROTHEY TEXIDOR 444 Central Park W #12A New York NY 10025 018- 5084 -2961 HOGAN JOYCE L 1130 Chalfant South Bend IN 46617 018 -5028 -1026 CAMPUS HOUSING AT SOUTH BEND LLC 836 N Notre Dame Ave Ste 1D South Bend IN 46617 018- 5028 -1029 CLARK SHIRLEY WITH LIFE ESTATE FOR BERNADEAN BARNES GREEN 709 Eddy South Bend IN 46617 018- 5028 -1033 HABITAT FOR HUMANITY OF ST JOSEPH COUNTY 402 E South St South Bend IN 46601 018- 5028 -1037 ECKER CAROL A 50871 Ironwood Rd. Granger IN 46530 018 - 5028 -1032 MITCHELL THOMAS DOUBLE DOMER PROPERTIES 544 W 7th St Hinsdale IL 60521 018 - 5028 -1036 BARAK GROUP LLC 300 S St Louis St Ste 103 South Bend IN 46617 018 - 5084 -2978 MISSIONARY CHURCH NORTH CENTRAL DISTRICT INC 3301 Benham Ave Elkhart IN 46517 018 - 5084 -2979 BUMBACA FILIPPO 11788 Blue Bell Circle Granger IN 46530 018- 5084 -2980 HOUSING AUTHORITY OF SOUTH BEND IN 501 S Scott St South Bend IN 46601 018 - 5084 -2981 FG LAND TRUST 222 W Ontario Ste 320 Chicago IL 60654 018- 5028 -1042 SHONE DONALD 636 East 700 North Huntington IN 46750 018 - 5028 - 104201 KOONTZ LAKE RENTALS LLC 11279 Pottawatomic Tr Walkerton IN 46574 018 - 5084 -2990 PAPAGIANNIS MICHAEL 1610 Eddy St South Bend IN 46617 s"6sL3 C t fd r $ r -. a C 4 A 1. ILV'vi { f F ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1042 Miner Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROM SINGLE FAMILY AND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI - FAMILY (MFI) WITH SPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: 1042 Miner Street, South Bend, Indiana 46617, Key # 018 -5027 -0987, Lot 50 Lederer & Longleys Sub Of Out Lot 1 Sam Cottrells Add be and the same is hereby established as Urban Corridor Multi- Family (MF1) District SECTION II. That a Special Exception for group residence in a urban corridor mutli family (MFI) zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City �--- Member of the Common Cour%il Signing of MIN HM iS my to x0vN3 an op!o"o ":ly 4e03 fu t : e h3aring aw Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the day of .m. 7i READING Z Z0--1 V PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of , 20 , at o'clock Mayor of the City of South Bend, Indiana 4 CIT!'CLt PETITION FOR A COMBINED HEARING City ofSouth Bend. Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 1042 Miner Street, South Bend, Indiana 46617 2) The property Tax Key Number(s) is /are: 018 -5027 -0987 3) Name and address of property owner(s) of the petition site: Cosimo Bumbaca 11788 Bluebell Circle Granger IN 46530 574- 261 -4965 lbumbaca@gmail.com For additional owners, reprint additional pages with signatures 4) Name and address of contingent purchaser(s), if applicable: None For additional owners, reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: From: Single Family and Two Family (SF2) District To: Urban Corridor Multi - Family (MFI) District 6) This rezoning is requested to allow the following use(s): group residence(s) 7) If applicable, a detailed description and the purpose of the variance(s) being requested: (a) variance from perimeter landscape to wood fence shown on site plan, (b) variance from foundation landscape to existing landscape (none), and (c) variance from parking requirements (2 spaces) to 4 spaces on gravel and 1 street parkling; the purposes of the variances being requested are to maintain the existing home whose outward attributes are complimentary to the existing neighborood and whose outward attributes would no longer be complimentary to the neighborhood f strict compliance were sought for the perimeter landscape, foundation landscape and parking 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: because the property contains an existing home and does not alter the existing perimeter landscape, foundation landscape or parking (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: because the property contains an existing home and does not alter the existing perimeter landscape, foundation landscape or parking (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: because the property contains an existing home whose perimeter landscape, foundation landscape and parking are complimentary to the existing neighborhood 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: group residencefor use as student housing up to 4 students, purpose ofspecial exception to permit students to live in common but in larger area than that offered by the University of Notre Dame 1 1) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: because the property contains an existing home used as a rental property to students which the special exception does not change (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: because the property contains an existing home used as a rental property to students which the special exception does not change (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: the property is already used as student housing consistent with the character ofthe district in which it is located (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. the property is already being used as student rental housing 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) 17 site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Signature(s) of All Property owner(s), or Frank J signature of Attorney for all property owner(s): Agostino, Esq. Frank_Agostino @msn.com P.O. Box 1635 South Bend IN 46634 574 -288 -3750 ) `3eed k. °! F L °e' jQQ k I rye . iJ J4�/c CONTACT PERSON: (If different) - E r17 t", � N y t` � a O N - It N u 0 p m z O Q p � � p p w N w m K � � d a z 0 i 1 I N I — I � I' 6, Aolld lheg "-- n m v m gaajgcs JOUTA H W LLJ F- Cn W z N O N N N 73 Q i n m v m gaajgcs JOUTA H W LLJ F- Cn W z N O N N N 73 Q 1042 Miner Street, South Bend, IN 46617 A. Tabulated Data 1. Land Coverage Total 3,601 sf a. Building 880 sf 24% b. Parking 800 sf 22% c. Open Space 1,921 sf 54% 2. Proposed Land Use Residential 1.5 story 4 Bedroom i 3. Parking required: two parking spaces for each dwelling unit, two required spaces for group residence with four persons. Property owner provides four gravel parking spaces and on- street parking for use of tenants. B. No change in current city provided water and sewer. C. Owner — Cosimo Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574- 261 -4965. D. Mapped Information — applicable information shown on preliminary site plan ph Parcels County Parcels PARCELID NAME 1 MAILINGADD MAILINGCIT MAILIN MAILINGZI 018- 5027 -0965 JUDGE SMAILS LLC 222 W Ontario Ste 320 Chicago IL 60654 018- 5027 -0966 OHANESON DAVID & THEORA PROPERTY TRUST OHANESON DAVID & THEORA AS TRUSTEES PO Box 58 Middlebury IN 46540 018 - 5027 -0967 DELAGO LLC 1319 S Stale Chicago IL 60605 018 -5027 -0968 SCHILTZ MICHAEL E 6425 N 300 E Howe IN 46746 018 - 5027 -0969 TAYLOR BRUCE G 1021 E Minor South Bend IN 46617 018 -5027 -0970 WINLAND WILLIAM AND NORRIS ADAM TIC 52620 Helment Ave South Bend IN 46637 018 - 5027 -0971 FERRUFINO MARTIN R AND LUZ E 1029 Miner St South Bend IN 46617 018 - 5027 -0972 FERRUFINO MARTIN R AND LUZ E 1029 Miner St South Bend IN 46617 018 - 5027 -0975 FERRUFINO MARTIN R & LUZ E 525 N Eddy South Bend IN 46617 018- 5082 -2853 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 018- 5027 -1001 BOURTHOUMIEU JOHN 10425 Vistula Osceola IN 46561 018- 5018 -0609 424 FRANCIS LLC 2433 OAK VALLEY DR STE 500A Ann Arbor MI 48103 018 -5018 -0612 424 FRANCIS LLC 2433 Oak Valley Dr Ste 500A jAnn Arbor MI 48103 018- 5018 -0613 424 FRANCIS LLC 2433 OAK VALLEY DR STE 500A Ann Arbor MI 48103 018 - 5083 -2906 HUNT GERALD P AND JESSICA L 10330 Brummitt Road Granger IN 46530 018 - 5027 -0962 WASHINGTON ARMINTA S 535 N Eddy St South Bend IN 46617 018 - 5082 -2882 WARD LIONEL 52770 Arbor Or South Bend IN 46635 018- 5082 -2880 MT OLIVE M B BAPTIST CHURCH 1359 E Miner South Bend IN 46617 018- 5082 -2883 REDDING ALFREDA 1114 Miner South Bend IN 46617 018 - 5082 -2885 BAPTIST CHURCH MT OLIVE MISSIONARY 1359 E Sorin South Bend IN 46617 018- 5083 -2908 MILLER JERRY 428 N Eddy St South Bend IN 46617 018- 5083-2907 PARKER MATTHEW 55807 Currant Rd Mishawaka IN 46544 rn,,>jDp oggq IV 018 - 5083 -2909 GASPAR JORDAN & REBEKAH S 156 W CENTENNIAL ST Nappanee IN 46550 018 - 5027 - 097601 MAYA ONE LLC 300 S St Louis St Ste 103 South Bend IN 46617 018 - 5082 -2881 MEILY MARY JANE # 203 S. SENECA BLVD Daytona Beach FL 32114 018- 5082 -2898 1115 CEDAR LAND TRUST 222 W Ede Apt 2406 Chicago IL 60654 018- 5082 -2899 CEDAR 1117 LLC 544 W 7th St Hinsdale IL 60521 018 -5082 -2895 FISERV ISS & CO FBO ELEODORO J FEBRES IRA 717 17th St Ste 1700 Denver CO 80202 018 -5082 -2896 PORTER ROBERT LEE AND BET-FIE SUE 24839 Fillmore South Bend IN 46619 018 -5082 -2897 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018 - 5082 -2894 FISERV ISS & CO FBO ELEODORO J . FEBRES IRA 717 17th St Suite 1700 Denver CO 80202 018- 5027 -1000 HOLMES CHARLES D. & PATRICIA H. LOTTIE & GEORGIE B HOLMES LIFE EST 507 N Eddy St South Bend IN 46617 018- 5027 -0976 NVNG LLC 812 E LaSalle South Bend IN 46601 018 - 5027 -0977 OHANESON DAVID & THEORA PROPERTY TRUST OHANESON DAVID & THEORA AS TRUSTEES PO Box 58 Middlebury IN 46540 018 - 5027 -0978 BRONSON LEE PARTNERS 222 W Ontario ste 320 Chicago IL 60654 018- 5027 -0979 DEARMOND TERESA 15037 Hayward St Whittier CA 90603 018- 5027 -0980 MAYA ONE LLC 300 S St Louis St Ste 103 South Bend IN 46617 018- 5027 -0981 PINEDA JHONNY M 54765 Butternut Rd South Bend IN 46628 018- 5027 -0982 GRAY ROBIN A 1024 Minor Street South Bend IN 46617 018 - 5027 -0983 GRAY ROBIN 1024 Minor Street South Bend IN 46617 018- 5027 -0984 WINLAND WILLIAM AND NORRIS ADAM TIC 152620 Heiman Ave ]South Bend IN 46637 018 - 5027 -0985 WINLAND WILLIAM AND NORRIS ADAM TIC 52620 Heiman Ave South Bend IN 46637 018- 5027 -0986 CRUZ ERIC NMI 1038 Miner St South Bend IN 46617 018 -5027 -0987 BUMBACA COSIMO 11788 Blue Bell Circle Granger IN 46530 018- 5027 -0988 DEFAUW GENE 20807 Wellesley Ct South Bend IN 46637 018 - 5082 -2868 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 018- 5082 -2866 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018- 5082 -2869 HARDEN FRANCES L 1113 E Miner St South Bend IN 46617 018- 5082 -2870 FIVE CORNERS LLC 814 Marietta Blvd South Bend IN 46601 018 - 5082 -2871 FIVE CORNERS LLC 814 Marietta South Send IN 46601 018- 5082 -2852 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 018 -5027 -0953 JACKSON ESSIE 1237 N Johnson South Bend IN 46628 018 -5027 -0954 WILLIAMS MARVA J &RHONDA J WILLIAMS 946 E Sorin St South Bend IN 46617 018- 5027 -0955 HOUSING AUTHORITY S B 501 S Scott St South Bend IN 46613 018 - 5027 -0956 OWENS DELL 1115 Fremont South Bend IN 46628 018 - 5082 -2851 CHARLES HAYES INC 814 Marietta St South Bend IN 46601 018 - 5082 -2854 HOUSING AUTHORITY SB 501 S Scott St South Bend IN 46601 018 -5082 -2855 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018 - 5027 -0957 OWENS DELL 1115 Fremont South Bend IN 46628 018- 5027 -0958 OWENS DELL 1115 Fremont South Bend IN 46628 018 - 5027 -0959 OWENS DELL 1115 Fremont South Bend IN 46628 018- 5027 -0961 MCGHEE KARL C 1020 Sodn St South Bend IN 46617 018- 5027 -0989 GARCIA JOSE RAMIREZ 1001 Cedar St South Bend IN 46617 018- 5027 -0990 GROSS & COHEN NOTRE DAME II LLC 832 NORTH NOTRE DAME AVE South Bend IN 46617 018 -5027 -0991 LEPRECHAUN PROPERTIES LLC 26959 Rozana Ct South Bend IN 46619 018- 5027 -0992 LEPRECHAUN PROPERTIES LLCSEE TRANSFER NOTE 26959 Rozana Ct South Bend IN 46619 CFA;. FCB ,6 [Z1 R4 .,. ...._.�. fN 832 N. Notre Dame 018 -5027 -0993 GROSS & COHEN NOTRE DAME LLC Avenue South Bend IN 46617 832 NORTH NOTRE 018 - 5027 -0994 GROSS & COHEN NOTRE DAME LLC DAME AVE South Bend IN 46617 832 NORTH NOTRE 018 - 5027 -0995 GROSS & COHEN NOTRE DAME II LLC DAME AVE South Bend IN 46617 018- 5027 -0996 TREVINO LEO 19751 Southland Ave South Bend IN 46614 832 NORTH NOTRE 018- 5027 -0997 GROSS & COHEN NOTRE DAME LLC DAME South Bend IN 46617 SOUTH BEND FORCLOSURE ASSETS 018 - 5027 -0998 FUND I LLC 222 W Ontario Ste 320 Chicago IL 60654 018 - 5027 -0999 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 CFA;. FCB ,6 [Z1 R4 .,. ...._.�. fN L 0a, �2 -i`-I ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1012 Talbot Street, South Bend, Indiana 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKS CHANGE IN ZONING FROM SINGLE FAMILYAND TWO FAMILY (SF2) TO URBAN CORRIDOR MULTI-FAMILY(MFI) WITH SPECIAL USE EXCEPTION FOR GROUP RESIDENCE TO BE USED BY STUDENTS. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: 1012 Tallbot Street, South Bend, Indiana 46617, Key # 018 -5095 -3376, Lot 46 Talbots Plat be and the same is hereby established as Urban Corridor Multi - Family (MFI) District SECTION II. That a Special Exception for group residence in a urban corridor mutli family (MFI) zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk Member of the Common C ncil S%p*q of ttlis till is only to provide an oppoftey it pai v hewN and Cound aloi1 on ft issue, .: . Presented by me to the Mayor of the City of South Bend, Indiana on the 20_, at o'clock m. Approved and signed by me on the day of .m. 1 st READING PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of , 201 at o'clock Mayor of the City of South Bend, Indiana Filed in Clerk's Cff°ic, "_1 L�.' I JOHN VOORM CITY CLERK, SOUTH SFWD, IN PETITION FOR A COMBINED HEARING City of South Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): I ) The subject property is located at: 1012 Talbot Street, South Bend, Indiana 46617 2) The property Tax Key Number(s) is /are: 018 -5095 -3376 3) Name and address of property owner(s) of the petition site: Cosimo Bumbaca 11788 Bluebell Circle Granger iN 46530 574 -261 -4965 lbumbaca @gmail.com For additional owners, reprint additional pages ivith signatures 4) Name and address of contingent purchaser(s), if applicable: None For additional oivners, reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: From: Single Family and Two Family (SF2) District To: Urban Corridor Multi - Family (MFI) District 6) This rezoning is requested to allow the following use(s): group residence(s) 7) if applicable, a detailed description and the purpose of the variance(s) being requested: (a) variance from perimeter landscape to wood fence shown on site plan, (b) variance from foundation landscape to existing landscape (none), and (c) variance from parking requirements (3 spaces) to 4 spaces on gravel and I street parkling; the purposes ofthe variances being requested are to maintain the existing home whose outward attributes are complimentary to the existing neighborood and whose outward attributes would no longer be complimentary to the neighborhood ifstrict compliance were sought for the perimeter landscape, foundation landscape and parking 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: because the property contains an existing home and does not alter the existing perimeter landscape, foundation landscape or parking (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantial ly adverse manner; and: because the property contains an existing home and does not alter the existing perimeter landscape, foundation landscape or parking (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: because the property contains an existing home whose perimeter landscape, foundation landscape and parking are complimentary to the existing neighborhood 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: group residencefor use as student housing up to 5 students, purpose ofspecial exception to permit students to live in common but in larger area than that offered by the University of Notre Dame 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: because the property contains an existing home used as a rental property to students which the special exception does not change (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: because the property contains an existing home used as a rental property to students which the special exception does not change (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: the property is already used as student housing consistent with the character ofthe district in which it is located (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. the Property is already being used as student rental housing 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) 17 site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Frank J. Agostino, Esq. Frank—Agostino@msn.com P.O. Box 1635 South Bend IN 46634 574- 288 -3750 CONTACT PERSON: (If differerit ed in M@P $ offs,,, CITYCt-M�i., o j' Y ;�,YCI, IN Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): � Y m 3 m m z O � Y � _ K 0 0 � 0 0 J w m Q U z in �PGiY ICt.t� f _i FPU`c1 c,'fY try m N 4k O I o 0 I� `11 5 !I N � N O � n zvk LL L LL d C Q N C N L 75 Q S ;eph Parcels Countv Parcels (y nu PARCELID NAME-11 MAILINGADD MAILINGCIT MAILIN T MAILINGZI 018 -5095 -3369 MATTHEWS JAMES R & MARIA E 1011 Cardinal Or Zion IL 60099 018- 5095 -3370 PAPAGIANNIS MICHAAEL 1036 Talbot Av South Bend IN 46617 018- 5095 -3348 STATE OF INDIANA 100 N Senate Ave Indianapolis IN 46204 018 -5095 -3349 STATE OF INDIANA 100 N Senate Ave Indianapolis IN 46204 018 - 5095 -3350 STATE OF INDIANA 100 N Senate Ave Indianapolis IN 46204 018 - 5095 -3352 STATE OF INDIANA 100 N Senate Ave Indianapolis IN 46204 018 - 5102 -3581 STATE OF INDIANA 100 N Senate Ave Indianapolis IN 46204 018 - 5095 -3351 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018 - 5095 -3357 DT AND COMPANY LLC 50921 Ridgeview Ln Granger IN 46530 018 - 5095 -3363 COSIMO LLC 11788 Bluebell Circle Granger IN 46530 018- 5095 -3371 STALLING SAM & CHERYL 1028 Talbot Av South Bend IN 46617 018 - 5095 -3367 TALBOT 1007 LLC 544 W 7th St Hinsdale IL 60521 018- 5095 -3379 CHARLES HAYES INC 814 Marietta St South Bend IN 46601 018 - 5095 -3366 HILL ALFONZO AND LILLIE J 1015 Talbot Av South Bend IN 46617 018- 5095 -3374 HUNT GERALD P AND JESSICA L 10330 Brummitt Road Granger IN 46530 018- 5095 -3361 HOUSING AUTHORITY 501 S Scott St South Bend IN 46613 018- 5095 -3373 THAUMATURGUS INC %The Omega Group South Bend IN 46614 018 - 5095 -3380 FIVE CORNERS LLC 814 S Marietta South Bend IN 46601 018 - 5102 -3591 NVNG LLC 812 E LaSalle Ave South Bend IN 46617 CITY 018- 5102 -3592 PUBLIC OF SOUTH BEND DEPT OF PARKS 1400 Ccutny City Bldg South Bend IN 46601 018- 5102 -3590 HUIZAR LINO & MARICRUZ 1333 Howard St South Bend IN 46617 018 -5095 -3378 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 018- 5095 -3356 HOMEWORKS INVESTMENTS INC 309 S Logan South Bend IN 46615 018- 5093 -3284 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018 - 5093 -3286 WRIGHT JACQUELYN 1310E Howard St South Bend IN 46615 (y nu 1018-5093-3291 GETZ PAUL & CHARLENE 135 Song Sparrow Tr Niles MI 49120 018 - 5093 -3292 RAMIREZ JERTRUDIS 1334 East Howard St South Bend IN 46617 018 - 5093 -3293 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018- 5092 - 327801 CHISM BETTY ST South Bend IN 46617 018 - 5092 -3279 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018 -5092 -3281 FIVE CORNERS LLC 814 Marietta South Bend IN 46601 018 - 5095 -3358 MFC SOUTH BEND HOLDINGS II LLC 8833 Gross Pt Rd Skokie IL 60077 018- 5095 -3368 MAHO VENTURES LLC UND 9951. INT & RONALD KYLE BOCINSKY UND 1% INT TIC BETWEEN THE RESPECTIVE UND INT 701 Plantation Cove Woodstock GA 30188 018- 5095 - 338002 FIVE CORNERS LLC 814 S Marietta South Bend IN 46601 018- 5095 -3359 WHEELER FRANCINE 1247 Howard St South Bend IN 46617 018 - 5095 -3365 HILL ALFONZO AND LILLIE J 1015 Talbot Av South Bend I IN 46617 018 - 5095 -3377 REESE ETHEL MAE & HILL DORIS R 1008 TALBOT South Bend IIN 46617 018- 5095 -3355 FIVE CORNERS LLC 814 Marietta South Bend MI 46601 018 -5095 -3364 COSIMO LLC 11788 Bulebell Circle Granger IN 46530 018 - 5095 -3376 BUMBACA COSIMO 11788 Bluebell Circle Granger IN 46530 018- 5095 -3354 INNOVATION DEVELOPMENT LLC 201 N Yates Ln Mount Prospect IL 60056 018- 5095 -3353 HOUSING AUTHORITY OF CITY OF S. B. 501 S Scott St South Bend IN 46613 018 -5095 -3362 MARIA B LLC 11788 Bluebell Circle Granger IN 46530 018 -5093 -3285 018 - 5095 -3360 OWSLEY CRAIG S 1039 Talbot St South Bend IN 46617 018- 5095 -3372 STALLING SAM & CHERYL 1028 Talbot Ave South Bend IN 46617 018 - 5102- 359301 CITY OF SOUTH BEND -DEPT OF PUBLIC PARKS 1400 County City Bldg South Bend IN 018- 5093 -3288 NAVARRO GABRIEL 1318 Howard St South Bend IN q46601 018 - 5093 -3290 FIVE CORNERS LLC 814 Marietta South Bend IN 018 -5093 -3288 NAVARRO GABRIEL 1318 Howard St South Bend IN 46617 018- 5093 -3288 NAVARRO GABRIEL 1318 Howard St South Bentl IN 46617 J0 f4 t |.., RQ 8 // ID co CD //) \G J& 0 $� )\ !! 1012 Talbot Avenue, South Bend, IN 46617 A. Tabulated Data 1. Land Coverage Total 4,518 sf a. Building 572 sf b. Parking 800 sf c. Open Space 3,146 sf 2. Proposed Land Use Residential 2 story 13% 17% 70% 5 Bedroom 'Hed hi 3. Parking required: two parking spaces for each dwelling unit, three required spaces for group residence with five persons. Property owner provides four gravel parking spaces and on- street parking for use of tenants. B. No change in current city provided water and sewer. C. Owner — Cosimo Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574- 261 -4965. D. Mapped Information — applicable information shown on preliminary site plan l Bill No. ORDINANCE NO. 3 -1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION II OF ORDINANCE 10192 -12, TO ADD THE CATEGORY OF POLICE DEPARTMENT RECRUIT, AND TO FIX RECRUIT ANNUAL PAY STATEMENT OF PURPOSE AND INTENT On October 23, 2012 the South Bend Common Council passed Ordinance No. 10192 -12 which fixed the annual pay and monetary fringe benefits of the members of the South Bend Police Department for Calendar years 2013 and 2014. No separate classification exists under that ordinance for Police Department Recruits. The South Bend Police Chief recommends in the best interest of the City, that Recruits of the Police Department be sworn in as officers of the Department only if each recruit successfully completes the Indiana Law Enforcement Academy program or its equivalent and officially begins work within the Department as a Patrolman Third Class. This will assure more stability within the City Police Department as well as the quality level of sworn police officers for the City of South Bend. Such amendment to Ordinance No 10192 -12 is consistent with the practice in the South Bend Fire Department. It will not violate the collective bargaining agreement between the City and the members of the Fraternal Order of Police South Bend Lodge No. 36, nor will it substantively change the Police Department wages for 2014 as established by Ordinance #10192 -12. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The Title of Section II of Ordinance No. 10192 -12 is hereby amended to read as follows: Section II. Annual Pays and, Lateral Entry, Police Recruit and Annual Pay. Section Il. Ordinance No. 10192 -12 is further amended to add a new subsection "(c)" to read in its entirety as follows: (c) Police Recruit and Annual Pav A Recruit of the South Bend Police Department shall be classified separately from sworn officers of the Department. A Recruit shall complete the State of Indiana training program or its equivalent and commence duties as an officer before being sworn in as an officer of the South Bend Police Department. The maximum annual pay of a Police Department Recruit shall be the same as that of a Patrolman 3rd Class. Section III. The remainder of Ordinance No. 10192 -12, which is incorporated herein by reference, is in all other ways affirmed. Section IV. This Ordinance shall be effective as of March 1, 2014 upon passage by the Common Council and approval by the Mayor. 7 . Pt- Member of the Common Council/' Attest: SPW of its W is only to Ap„r�oAde an Mi oY rlity for pude heang &W City Clerk Council action on this Issue. Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2013, at o'clock . M. Approved and signed by me on the 'clock .m. lst READING .z2 Y`! 7 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Deputy day Clerk 2013, at Mayor, City of South Bend, Indiana Filed in Clerk's �I L'�, `s i:Q14 , I CITY CLERK,* SOU'fg BEND. IN 120ON Cotmn -Cny BuuwnvG 227 W.JEFFERSON BLvD. SOuTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9216 Fax 574/235 -9928 CITY of SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE February 10, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor County City Building South Bend IN 46601 Re: Ordinance to Create Police Recruit Position & Establish Compensation Dear President Davis: Attached is an ordinance which amends the Police Compensation Ordinance #10192 -12 which was passed on October 22, 2012. The attached ordinance creates a Police Recruit position and fixes the compensation for that position. Currently, members of the South Bend Police Department are sworn in as officers priortc completing their police academy training, although that was not past practice nor is it the current practice in the South Bend Fire Department. In the interest of assuring that South Bend's sworn officers successfully complete their police academy training before they assume the responsibilities of active duty within the Department, the City Administration wishes to establish the position of Police Recruit and fix the compensation for this position at the Patrolman third class rate of pay. This will not result in any change in the total amount of compensation paid within the Department because the police recruits will be paid the same as sworn officers. Stability within the South Bend Police Department and the quality and skill level of active duty officers will be promoted by this ordinance. It will also bring consistency to practices within the South Bend Police and Fire Departments. The City expects that the 2014 police recruits will complete their training by March 1, 2014, so the ordinance contains a provision for retroactive effect to that date. Mr. Oliver Davis February 10, 2014 Page Two I, along with Police Chief Ron Teachman, will present this ordinance to the Council at its appropriate Committee meeting and at the public hearing. We request the Council's favorable review and final approval. Sincerely, John Murphy Controller, City of South Bend Cc: Mayor Pete Buttigieg Mark Neal, Deputy Mayor Kathryn Roos, Chief of Staff to the Mayor Brian Pawlowski, Deputy Chief of Staff to the Mayor Cristal Brisco, Corporation Counsel Chief Ronald Teachman F19eti in Cilerk,s W4 + CITY CLERK, SOUTrk REtio in BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (Hill and Colfax Streets) STATEMENT OF PURPOSE AND INTENT Pursuant to its authority granted by Indiana Code Section 36 -7 -12 et seq., the South Bend Economic Development Commission (the "Commission "), in furtherance of economic development within the City of South Bend, Indiana (the "City"), has investigated, studied and surveyed the need for additional job opportunities within the City and has made recommendations concerning economic development possibilities within the City. Based on its investigatory action, studies and surveys, the Commission has determined that it is necessary to designate a specific geographic area within the City as an Economic Development Target Area ( "EDTA ") because such area has become undesirable or impossible for normal development and occupancy due to lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings or other factors that have impaired values or prevented a normal development of property or use of property. The property known as the northwest comer of Hill and Colfax (the "Property") has been vacant for many years, with many investors having reviewed the Property for investment and development purposes, and each having dismissed the Property as not appropriate for investment and development. Based upon all of the above facts, the Commission at a regular meeting held on February 7, 2014 approved Resolution #2014 -2, a true copy of which is attached hereto and incorporated herein as Exhibit "A." The Resolution designates the northwest comer of Hill and Colfax Streets, in South Bend Indiana as an Economic Development Target Area, which Resolution the South Bend Common Council, as fiscal body for the City, now approves by enacting this ordinance pursuant to Ind. Code Section 6 -1.1- 12.1 -7(a). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The South Bend Economic Development Commission's Resolution No. 2014 -2 adopted on February 7, 2014 attached hereto and incorporated herein as Exhibit "A" is hereby and in all ways approved. SECTION II. The Property located at the northwest corner of Hill and Colfax Streets in the City of South Bend, Indiana, comprising parcel numbers 18 -5005 -0128, 18 -5005 -0129, and 18 -5005 -0130, is hereby designated, determined and declared to be an Economic Development Target Area pursuant to Ind. Code Section 6- 1.1- 12. -7, with all rights and benefits conferred and authorized by law. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 04,t; -I- o",-" ( V--- Member of the Common Co it Signing of Us LAI F3 only [9 tare "f: v a an uPPor�tniiy fb; PUWi kilexing aid Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of , 2014, at o'clock . m. City Clerk Approved and signed by me on the _ day of 2014 at o'clock . m. Mayor, City South Bend, Indiana 18t READING PUBLIC HEA..U,' I rii READING, NOT APPROVED 6D Cler'W�. 3 ;, z RESOLUTION NO. eRe —�Z_ A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RECOMMENDING THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT TARGET AREA (Hill and Colfax) WHEREAS, the South Bend Economic Development Commission (the "Commission ") exists and operates pursuant to the provisions of Indiana Code § 36 -7 -12, etseq.; and WHEREAS, under the authority granted by Indiana Code § 36 -7 -12, et seq. and in furtherance of economic development in the City of South Bend (the "City "), the Commission has investigated, studied and surveyed the need for additional job opportunities within the City and has formed recommendations conceming the economic development possibilities within the City, and WHEREAS, based upon such investigations studies and surveys, the Commission has determined that it is necessary to designate a specific geographic area within the City as an Economic Development Target Area ( "EDTA ") because such area has become undesirable or impossible for normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors that have impaired values or prevent a normal development of property or use of property; and WHEREAS, the property known as the corner of Hill and Colfax (the "Property ") has been vacant for many years, numerous investors have reviewed the Property for investment and development purposes and each has dismissed the Property as not appropriate for investment and development; and WHEREAS, the Commission now desires to recommend to the South Bend Common Council the designation of the comer of Hill and Colfax as an EDTA. NOW, THEREFORE, BE IT RESOLVED by the South Bend Economic Development Commission that: 1. A favorable recommendation is made to the South Bend Common Council for the establishment of the comer of Hill and Colfax as an Economic Development Target Area, such area comprising the parcel numbers 18 -5005 -0128, 18 -5005 -0129 and 18 -5005 -0130 in accordance with Indiana Code § 6 -1.1- 12.1 -7. ADOPTED at a Regular Meeting of the South Bend Economic Development Commission held on February 7, 2014, at the County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF ECONOMIC DEVELOPMENT rgxal e Gr, r.2GO�SK+ ��riiCEn�T nnle pine mr t e South Bend Economic Development ATTEST: Commission rntea'Fame an Trtle (� South Bend Economic Development Commission Filed in Ciel!=.:;_._.-__-- Fri 1 ' L ; } cr�rrcE:r�, • . 227 W. JEFFERSON BOULEVARD SurrE 1400 S. Soum BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR February 18, 2014 Mr. Oliver Davis, President South Bend Common Council 4`s Floor County -City Building South Bend, IN 46601 RE: Establishing an Economic Development Target Area Northwest Corner of Hill and Colfax Dear President Davis: PHONE: 574/235 -9371 FAX: 574/235 -9021 Attached for the Common Council's consideration is a proposed ordinance which approves and adopts a recommendation made by the South Bend Economic Development Commission establishing an Economic Development Target Area for the parcels located at the northwest corner of Hill and Colfax in the City of South Bend. This comer property has been vacant for many years, with many investors having reviewed this property for investment and development purposes, and each having dismissed the property as not appropriate for investment and development. The South Bend Economic Development Commission, in furtherance of economic development within the City of South Bend, has investigated, studied and surveyed the need for additional job opportunities within the City and has made recommendations concerning economic development possibilities within the City. Based on its investigatory action, studies and surveys, the Commission has determined that it is necessary to designate the northwest corner of Hill and Colfax, in the City of South Bend as an Economic Development Target Area which will make this property a more attractive investment and facilitate the development and occupancy of this corner, which is currently a gravel lot. I will present this Ordinance to the Common Council. Thank you for your consideration. .: °ioed in Clerk's r Sin�cerel Biock Zeeb � .lcri;h' u:�i�Fb^ , CITY CLERY, SOUTi> c VN13, M PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES Ann KAIN PAMELA C. MEYER CHRIS FIELDING DONALD E. ME O BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION AND ESTABLISHING AN ECONOMIC DEVELOPMENT TARGET AREA (LaSalle Hotel) STATEMENT OF PURPOSE AND INTENT Pursuant to its authority granted by Indiana Code Section 36 -7 -12 et seq., the South Bend Economic Development Commission (the "Commission "), in furtherance of economic development within the City of South Bend, Indiana (the "City "), has investigated, studied and surveyed the need for additional job opportunities within the City and has made recommendations concerning economic development possibilities within the City. Based on its investigatory action, studies and surveys, the Commission has determined that it is necessary to designate a specific geographic area within the City as an Economic Development Target Area ( "BDTA ") because such area has become undesirable or impossible for normal development and occupancy due to lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings or other factors that have impaired values or prevented a normal development of property or use of property. The property known as the LaSalle Hotel (the "Property ") has been vacant for many years, with many investors having reviewed the Property for investment and development purposes, and each having dismissed the Property as not appropriate for investment and development. Based upon all of the above facts, the Commission at a regular meeting held on February 7, 2014 approved Resolution #2014 -1, a true copy of which is attached hereto and incorporated herein as Exhibit "A." The Resolution designates the LaSalle Hotel Property, in South Bend Indiana as, an Economic Development Target Area, which Resolution the South Bend Common Council, as fiscal body for the City, now approves by enacting this ordinance pursuant to Ind. Code Section 6 -1.1- 12.1 -7(a). NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The South Bend Economic Development Commission's Resolution No. 2014 -2 adopted on February 7, 2014 attached hereto and incorporated herein as Exhibit "A" is hereby and in all ways approved. SECTION II. The Property known as the LaSalle Hotel in the City of South Bend, Indiana, comprising parcel numbers 18- 1002 -0040, 18- 1002 -0041, and 18 -1002- 0042, is hereby designated, determined and declared to be an Economic Development Target Area pursuant to Ind. Code Section 6- 1.1- 12. -7, with all rights and benefits conferred and authorized by law. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. CAI rJFnn r J `) Member of the Common Counc' /Sy,"�,�}g�,,O,gf,�#6 blil ISr,Onh tO pro,, Me a1 fOT Attest: Council action on this issue. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of , 2014, at o'clock . m. City Clerk Approved and signed by me on the _ day of o'clock . m. Mayor, City South Bend, Indiana 1st READING Z -Zy -I 7 PUBLIC HEARING 3 rd READING NOT APPROVEp REFERRED PASSED 2014, at .,.,, in Clerk's t Ee t h 1C3; Yii V 41RDE RESOLUTION NO c Zq /& —/ A RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RECOMMENDING THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT TARGET AREA (LaSalle Hotel) WHEREAS, the South Bend Economic Development Commission (the "Commission ") exists and operates pursuant to the provisions of hidiana Code § 36 -7 -12, et seq.; and WHEREAS, under the authority granted by Indiana Code § 36 -7 -12, et seq. and in furtherance of economic development in the City of South Bend (the "City "), the Commission has investigated, studied and surveyed the need for additional job opportunities within the City and has formed recommendations concerning the economic development possibilities within the City; and WHEREAS, based upon such investigations studies and surveys, the Commission has determined that it is necessary to designate a specific geographic area within the City as an Economic Development Target Area ( "EDTA ") because such area has become undesirable or impossible for normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, or other factors that have impaired values or prevent a normal development of property or use of property; and WHEREAS, the property known as the LaSalle Hotel (the "Property ") has been vacant for many years, numerous investors have reviewed the Property for investment and development purposes and each has dismissed the Property as not appropriate for investment and development; and WHEREAS, the Commission now desires to recommend to the South Bend Common Council the designation of the LaSalle Hotel as an EDTA. NOW, THEREFORE, BE IT RESOLVED by the South Bend Economic Development Commission that: 1. A favorable recommendation is made to the South Bend Common Council for the establishment of the LaSalle Hotel as an Economic Development Target Area, such area comprising the parcel numbers 18- 1002 -0040, 18- 1002 -0041 and 18 -1002- 0042 in accordance with Indiana Code § 6- 1.1- 12.1 -7. ADOPTED at a Regular Meeting of the South Bend Economic Development Commission held on February 7, 2014, at the County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF ECONOMIC DEVELOPMENT 1$nah YG GKEG J��•G6,Usk, Pac3,ce�, Primed ame u,,u 75, South Bend Economic Development Commission ATT ST, Pr�ma „ r Ct, Trio � ECGG Y `l1'�Nb1ej South Bend Economic Development Commission ;led in Cleric's € o, k bra 10 201•'1 soNw vearzpaE OtY CLERK, SOUTH SEND. FN 227 W. JEFFERSON BOULEVARD SUrrE 1400 S. SouTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, ExEcuTwE DaECToR February 18, 2014 Mr. Oliver Davis, President South Bend Common Council 4a' Floor County-City Building South Bend, IN 46601 RE: Establishing an Economic Development Target Area LaSalle Hotel .. Dear President Davis: PHONE: 574 /235 -9371 FAX: 574/235 -9021 Attached for the Common Council's consideration is a proposed ordinance which approves and adopts a recommendation made by the South Bend Economic Development Commission establishing an Economic Development Target Area for the parcels known as the LaSalle Hotel. The property known as the LaSalle Hotel has been vacant for many years, with many investors having reviewed the LaSalle Hotel for investment and development purposes, and each having dismissed the LaSalle as not appropriate for investment and development. The South Bend Economic Development Commission, in furtherance of economic development within the City of South Bend, has investigated, studied and surveyed the need for additional job opportunities within the City and has made recommendations concerning economic development possibilities within the City. Based on its investigatory action, studies and surveys, the Commission has determined that it is necessary to designate the LaSalle Hotel as an Economic Development Target Area which will make the LaSalle Hotel a more attractive investment and facilitate the development and occupancy of the LaSalle Hotel. I will present this Ordinance to the Common Council. Thank you for your consideration. Sincerely 737 Brock Zeeb Filled In C41erk's OfflcL T-�31 0114 JORP VOORl3E C1 CLFRK, SOUTH SEND, IN PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES JITIN KAIN PAMELA C. MEYER CHRIS F]ELDBJG DONALD E. INKS '.. too, Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTHBEND MUNICIPAL CODE IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 5 ENTITLED RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS STATEMENT OF PURPOSE AND INTENT (a) The following regulations are enacted in the interest of setting forth comprehensive public safety regulations which, when effectively implemented, administered and enforced, promote responsible animal and pet ownership. The regulations are aimed at ensuring due process protections for owners by promoting responsible animal and pet ownership, which is essential to the protection of animals residing in the city limits. (b) The following regulations set forth the best practices for the humane and ethical treatment of animals by requiring animal and pet owners to comply with reasonable regulations in order to be responsible owners Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5 of the South Bend Municipal Code is amended in its entirety and replaced in its entirety to read as follows: CHAPTER 5 RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS Article 1. General Provisions. Sec. 5 -1 Legislative Findings and Intent of Regulations. See. 5-2 Definitions. Sec. 5 -3 Regulations are Supplemental to State and County Laws. Sec. 5 -4. Schedule of Fees for the Division of Animal Care and Control. Sec. 5 -5 Through See. 5 -7 Reserved for Future Use 1 Indiana Code § 36- 1 -4 -11, authorizes the city to pass and enforce ordinances. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 2 Article 2. Honey Bee Keening Regulations Sec. 5 -8 Legislative Findings. See. 5-9 Definitions. Sec. 5 -10 Honey Bee Keeping Public Safety Regulations. Sec. 5 -11 Compliance Required; Penalties. Sec. 5 -12 Through Sec. 5 -14 Reserved for Future Use. Article 3. Animal Care and Control Rules and Regulations. Sec. 5 -15 Adequate Shelter, Food and Water to be Provided. Sec. 5 -16 Medical and Grooming Care Requirements. Sec. 5 -17 Removal of Excrement Required. Sec. 5 -19 Acreage Requirements for Certain Domestic Animals and Fowl. Sec. 5 -20 Urban Chicken Regulations. Sec. 5 -21 Restraint of Animals Required; Limited Exception for Off -Leash Dog Run Park. Sec. 5 -22 Fastening Animals with Rope or Chain; Choker Collar. Sec. 5 -23 Cruelty to Animals Prohibited. Sec. 5 -24 Animal Hoarding Prohibited. Sec. 5 -25 Animal Fights and Fighting Contests Prohibited. Sec. 5 -26 Prohibited Animal Events. Sec. 5 -27 Poisonous Bait Prohibited. Sec. 5 -28 Enticement of Another Person's Animal Prohibited. Sec. 5 -29 Interference With Another Person's Animal Prohibited. Sec. 5 -30 Offensive Use of Animal Prohibited. Sec. 5 -31 Abandonment of Animals Prohibited. Sec. 5 -32 Trapping and Free - Roaming Cat Regulations. Sec. 5 -33 Public Nuisance Animals Prohibited. Sec. 5 -34 Animals as Prizes or Inducements. Sec. 5 -35 Dyeing or Staining Animals Prohibited and Selling Animals as Novelties Prohibited. Sec. 5 -36 Notification of Injury Caused by Motor Vehicle to Animals Required. Sec. 5 -37 Notification of Lost or Stray Animals Prohibited. Sec. 5 -38 Dangerous Animals. Sec. 5 -39 Biting Animals; Report; Procedure. Sec. 5 -40 Exotic Animals and Native Wildlife. Sec. 5 -41 Training Methods. Sec. 5 -42 Destruction of Animals. Sec. 5 -43 Habitual Animal Offender. Sec. 5 -44 Through Sec. 5 -49 Reserved for Future Use. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 3 Article 4. Pet Registration Requirements and Commercial Animal Permits Sec. 5 -50 Pet Registration Required; Exception; Tags; Microchip Implant. Sec. 5 -51 Application for Registration or Permits. Sec. 5-52 Fees. Sec. 5 -53 Permit Suspension. Sec. 5 -54 Appeals; Re- inspections; Denials or Revocation of Permit. Sec. 5 -55 Redemption of Impounded Animals Seized for Permit Denials, Suspensions, or Revocation. Sec. 5 -56 Through Sec. 5 -59 Reserved for Future Use. Article 5. Commercial Animal Permit Regulations. Sec. 5 -60 Kennel /Cattery Permit Regulations. Sec. 5 -61 Major Breeder's Permit Regulations. Sec. 5 -62 Minor Breeder's Permit Regulations; Sale of Underage Animals Prohibited. Sec. 5 -63 Veterinary Hospitals /Clinics Sec. 5 -64 Grooming Shop Permit. Sec. 5 -65 Pet Shop Permit Sec. 5 -66 Circuses, Animal Concessions and Animal Events. Sec. 5 -67 Zoological Parks. Sec. 5 -68 Exceptions for Division of Animal Care and Control and Animal Welfare Organizations. Sec. 5 -69 Through Sec. 5 -74 Reserved for Future Use. Article 6. Specific Requirements Governing Dogs and Cats Sec. 5 -75 Rabies Vaccination Required. Sec. 5 -76 Dogs or Cats in Heat. Sec. 5 -77 Sale of Puppies and Kittens. Sec. 5 -78 Through 5 -85 Reserved for Future Use. Article 7. Animal Euthanasia. Sec. 5 -86 Euthanizing Animals. Sec. 5 -87 Through Sec. 5 -89 Reserved for Future Use. Article 8. Administration and Enforcement Division I. Shelter Manager. Sec. 5 -90 Duties of Shelter Manager. Sec. 5 -91 Through Sec. 5 -94 Reserved for Future Use. Division II. Animal Control Commission Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 4 Sec. 5 -95 Animal Control Commission Established; Membership. Sec. 5 -96 Officers, Meetings and Meeting Minutes of the Animal Control Commission. Sec. 5 -97 Duties and Responsibilities of the Animal Control Commission. Sec. 5 -98 Through Sec. 5 -104 Reserved for Future Use. Division III. Implementation and Enforcement Sec. 5 -105 Interfering With Enforcement. Sec. 5 -106 Impoundment. Sec. 5 -107 Notice to owner. Sec. 5-108 Redemption. Sec. 5 -109 Inspections. Sec. 5-110 Disposition of money. Sec. 5-111 Penalties. Sec. 5 -112 Through Sec. 5 -119 Reserved for Future Use. Article 1. General Provisions. Sec. 5 -1. Legislative Findings and Intent of Regulations. (a) The following regulations are enacted in the interest of setting forth comprehensive public safety regulations which, when effectively implemented, administered and enforced, promote responsible animal and pet ownership. The regulations are aimed at ensuring due process protections for owners by promoting responsible animal and pet ownership, which is essential to the protection of animals residing in the city limits. (b) The following regulations set forth the best practices for the humane and ethical treatment of animals by requiring animal and pet owners to comply with reasonable regulations in order to be responsible owners. Sec. 5-2. Definitions. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Article 9. Rental Horses Rental Horses Sec. 5-120 Definitions. Sec. 5 -121 Permits and administration. Sec. 5 -122 Housing/stable premises. Sec. 5-123 Regulations. Sec. 5 -124 Excepted from coverage. Article 1. General Provisions. Sec. 5 -1. Legislative Findings and Intent of Regulations. (a) The following regulations are enacted in the interest of setting forth comprehensive public safety regulations which, when effectively implemented, administered and enforced, promote responsible animal and pet ownership. The regulations are aimed at ensuring due process protections for owners by promoting responsible animal and pet ownership, which is essential to the protection of animals residing in the city limits. (b) The following regulations set forth the best practices for the humane and ethical treatment of animals by requiring animal and pet owners to comply with reasonable regulations in order to be responsible owners. Sec. 5-2. Definitions. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 5 (a) Abandon: To knowingly, intentionally, or recklessly leave unattended, without proper food, water, or shelter, for 24 hours or more, in or about a building or structure or any portion thereof on or about any propert y.2 (b) Adequate shelter: A structure designed specifically to shelter an animal that allows an animal to maintain its body heat, with a roof, structured floor and three sides free of leaks or openings to the wind and rain, and a fourth side allowing access that is protected from the elements. The structure is physically located in a dry area allowing the animal dry keeping and access outside the structure to dry ground that is mud free. Livestock require a structure with three sides and a roof designed to protect from the elements. (c) Altered animal: An animal that has been operated on to prevent it from procreating. (d) Animal: Any living vertebrate, domestic or wild, except a human being.3 (e) Animal Concession: Any person, group of persons, partnership, or corporation who for compensation has any animal available for hire or on display. (f) Animal Control Commission: The Animal Control Commission shall be an advisory Commission with regard to policy and fiscal decisions affecting the Division of Animal Care and Control, with the Common Council having final authority regarding fiscal matters. (g) Animal Control Of A person authorized to carry out the provisions of this Chapter. (h) Animal event: Display, activity or show of wild or domestic animals in a shopping center, retail establishment, adjacent lot, or elsewhere. (i) Animal fighting paraphernalia: Equipment or items used to train or condition animals for participation in an animal fighting contest or materials to promote animal fighting, the breeding of animals specifically for the purpose of fighting, train animals for fighting, or to track the results of animal fights.° 0) Animal hoarder: Any person who: 1. Having one or more than animals and failing to provide adequate standards of nutrition, sanitation, shelter, and veterinary care, with this neglect often resulting in illness and death from starvation, spread of infectious disease, and untreated injury or medical condition, or 2.Denial of the inability to provide this minimum care and the impact of that failure on the animals, the household, and human occupants of the dwelling, or 2 Indiana Code § 25- 38.1 -4 -8 sets forth regulations addressing "abandoned animals" and the role of a veterinarian. Indiana Code § 35- 46 -3 -7, Version A addresses abandonment or neglect effective through July 1, 2014 and Indiana Code § 35- 46 -3 -7, Version B sets forth regulations addressing abandonment and neglect which become effective July 1, 2014. 'Indiana Code § 25- 38.1 -1 -5 defines an animal as including "birds, fish, mammals and reptiles wild or domestic ". ° Indiana Code § 35- 46 -3 -4.3 defines "animal fighting paraphernalia ". Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 6 3.Persistence, despite this failure, in accumulating and controlling animals. (k) Animal welfare organization: Any group maintaining a 501(c) 3 status with the primary purpose of promoting animal health, safety, or adoption or the prevention of animal cruelty. Organizations described in section 501(c) (3) are commonly referred to as charitable organizations or non -profit organizations, as per Internal Revenue Service standards. The animal welfare organization's IRS letter of determination must be on file with South Bend Animal Care and Control. (1) At large animal: Any animal not under restraint or control. This section does not apply to free - roaming and /or community cat(s). (m)Attack: When the animal exhibits one or more of the following behaviors, including, but not limited to: snarling, biting, baring teeth, chasing, growling, barking, snapping, pouncing, lunging. (n) Auction: Any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this Chapter or by Indiana state law. (o) Breeder: Any person who intentionally or accidentally causes the breeding of an animal or makes an animal cat or dog available for breeding purposes, or any person who offers for sale, sells, trades, receives other compensation or gives away any litter of dogs or cats; or any person who has unaltered animals who habitually (two or more litters) have accidental litters.5 (p) Bite: To seize or cut with the teeth, breaking the skin (q) Business day: Monday through Friday, except for federal or state holidays. (r) Caretaker: A person who provides food, water and shelter for free - roaming and /or community cat(s). (s) Cattery: Any person or group of persons, partnership or corporation engaged in keeping more than one (1) unaltered cat for the purposes of breeding. (t) City: City of South Bend, Indiana. (u) Community cat: An unowned, outdoor cat that has been evaluated and sterilized by a licensed veterinarian, ear tipped and released back into the area from which it was captured and is cared for by a caretaker. 'Indiana Code 15 -21 sets forth "Commercial Dog Breeder Regulations ". Indiana Code § 15- 20 -1 -3 sets forth the regulations address "dog bite liability". Indiana Code § 15- 20 -14 Version A sets forth the regulations addressing dog bite liability as a criminal offense through July 1, 2014 and Indiana Code § 15- 20 -1 -3 Version B sets forth the regulations addressing dog bite liability as a criminal offense effective July 1, 2014. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 7 (v) Circus: Performances given by traveling companies on vacant lots with tents, or some other kind of temporary enclosure, where performances are given for a fee. Performances may include, but are not limited to: Trained animal acts, races, feats of horsemanship, acrobatics, strength, trapeze acting, or clowns. (w)Dangerous animal: any animal that: 1. has, off of its owner's property, attacked another animal or livestock; or 2. has attacked or which has attempted to attack, unprovoked, any human being, whether on or off the owner's property; or 3. has bitten any human being, unprovoked, with said injury requiring stitches and the loss of blood; or 4. has bitten or attacked a person, unprovoked, causing wound or injuries creating a potential danger to the health or life of the victim; or 5. has a history documented with a public agency of biting or attacking humans or domestic animals; or 6. has a known propensity, tendency or disposition to attack, to cause injury or otherwise threaten or endanger the safety of humans or domestic animals; or 7. has been found to be at large and has been documented to be at large by an animal control officer on three (3) or more separate occasions in a twelve -month period. However, no animal shall be considered a dangerous animal if injury or damage is inflicted by that animal upon a person or another animal if such person or other animal, at the time such injury or damage was sustained, was committing a criminal trespass upon the premises occupied by the owner or keeper of the animal, or was provoking, teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. The definition excludes law enforcement animal, K -9 dogs, and police dogs. (x) Dangerous wild or dangerous exotic animal: A wild or exotic animal, not indigenous to the State of Indiana, not commonly found as a domestic animal, that would create a potential risk to public safety including but not limited to bears, wolves, lions, tigers, jaguars, leopards, cougars, alligators, crocodiles, caimans, snakes and reptiles that are venomous, apes, baboons, macaques, or any hybrid of like animal. (y) Division of Animal Care and Control: The municipally operated division established for the purpose of animal control, care and disposition, as set forth in this Chapter, operated by and under the direct supervision of the Director of the Code Enforcement Department and the Shelter Manager. (z) Director: The Director of the Code Enforcement Department for the City. (aa) Domestic animal: 7 Any animal that is a member of one of the following species: 1. Dog (Canis familiaris) Indiana Code § 3546 -3 -12, Version A sets forth the state regulations addressing the killing of a domestic animal which remain in effect until July 1, 2014 and Indiana Code § 35 -46 -3 -11.5, Version B set for the state regulations addressing the killing of a domestic animal which take effect July 1, 2014. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 8 2. Cat ( Felis cattus or Felis domesticus) 3. Cattle (Bos domesticus or Bos taurus or Bos indicus) 4. Horse (Equus caballus) 5. Donkey (Equus asinus) 6. Pig (Sus scroffa) 7. Sheep (Ovis aries) 8. Goat (Capra hircus) 9. Bison 10. Chickens 11. Pigeons 12. Rabbit (Oryctolagus cuniculus) 13. Mouse (Mus musculus) 14. Rat (Rattus rattus) 15. Guinea Pig (Cavis procellus) 16. Chinchilla (Chinchilla langier) 17. Hamster (Mesocriecetus auratus) 18. Gerbil ( Gerbillus gerbillus) 19. Mink 20. Cow or Ox (Bovine) 21. Ferret 22. Llamas 23. and all other domestic animals defined in IC 15- 2.1 -2 -15 (bb) Enforcement Authority: Law Enforcement Control Agencies and officers acting on their behalf and Animal Control and Care Officers sanctioned by the City of South Bend, St. Joseph County, or the State of Indiana. (cc) Exotic animal: means any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii, except fish and fur- bearing animals commercially bred for the furrier trade and birds defined under federal regulations, and nonpoisonous snakes and reptiles. (dd) Foster animal: means any animal placed by an animal welfare organization in temporary care at a foster home until it is adopted. For the purposes of this chapter, it is not owned by the animal welfare organization or the foster home and is exempt from license requirements while it is a foster animal. (cc) Foster home: physical location away from an animal shelter providing temporary care to a foster animal. (fl) Free - roaming cat: Any unowned, unaltered, outdoor cat. (gg) Grooming shop: A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 9 (hh) Harboring: means the actions of any person that permit any animal habitually to remain at large or to be fed within his home, store, enclosure, yard or place of business or any premises on which such person resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three (3) consecutive days. This does not apply to community cats or free - roaming cats. (ii) Impoundment:$ To seize and place in to the Animal Shelter for the City of South Bend, any animals found in violation of this chapter and /or Indiana law, or to temporarily house animals in protective custody due to disaster or other tragic event.9 Oj) Intact animal permit: The permit required by any person engaged in owning or harboring more than one dog over the age of six (6) months, which is unaltered, and /or more than one (1) cat over the age of six (6) months, which is unaltered. (kk) Kennel: Any person, group of persons, partnership or corporation engaged in keeping more than one (1) unaltered dog, or the business of boarding, or training for a fee, or grooming and which is zoned for such purposes. (11) Large or Exotic Birds: Any large or exotic pet bird including but not limited to: caiques, conures, lories, lorikeets, large parakeets, parrots, poicephalus, African greys, Amazons, Cockatoos, eclectus, and macaws (mm) Law Enforcement Animal, K -9 dogs, and police dogs: Means a professionally trained dog used by law enforcement officers for law enforcement purposes and activities. (nn) Lawful trap, snare, or similar device: A humane, box style trap of suitable size and construction appropriate for the target species. (oo) Leash: Means a cord, rope, strap or other such physical restraint. (pp) Litter permit: The permit required by any person who intentionally or unintentionally causes or allows the breeding of a litter of dogs or cats in a twelve -month period. Exception: if the parent animal(s) are altered within fourteen (14) weeks after giving birth or the parent animal(s) and the litter are relinquished to SBACC within fourteen weeks after birth of the litter, all permit requirements shall be waived. B Indiana Code § 35- 46 -3 -6 addresses the impoundment of animals, probable cause hearings and bond requirements 9 Indiana Code § 15- 20 -1 -7 authorizes a "law enforcement officer or any other person having authority to impound animals [who] has probable cause to believe that there has been a violation..." with Indiana Code § 35- 46 -3 -6 applying. Indiana Code § 3546 -3 -11, Version A sets forth cruelty to law enforcement animal regulations effective until July 1, 2014 and Indiana Code § 3546 -3 -11, Version B sets forth cruelty to law enforcement animal regulations which become effective July 1, 2014. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 10 (qq) Microchip implant: A passive electronic device that is injected into an animal by means of a pre - packaged sterilized implanting device for purposes of identification and /or the recovery of animals by their owner(s). (rr) Medium or large reptile: A cold- blooded vertebrate including but not limited to iguanas, monitors, snakes, and tortoises. (ss)Microchip reader: An electronic device that detects any implanted microchip. (tt) Owner /guardian: A person owning or harboring one (1) or more animals for a period of longer than twenty -one (2 1) days; however, caretakers of free - roaming and/or community cats shall not be deemed to be owners or guardians of such animals. 10 (u u) Patron Contact: Any person acting within the realm of a guest, customer, visitor, client, or the like to an establishment may not touch, handle, or physically interact in any way with an exotic and /or dangerous animal, unless they are acting under the scope of their legally sanctioned "enforcement authority" in each particular instance. (vv) Person: An individual, firm, corporation or commercial establishment (ww) Pet: Any animal owned or harbored by any person, group of persons, partnership or corporation, except service dogs, or police or canine governmental dogs. (xx) Pet shop: Any person, group of persons, partnership or corporation, whether operated separately or in connection with another business enterprise, except a licensed cattery, kennel or breeders, that buys, sells or offers for sale any species of animal, wholesale or retail. A permanent physical structure specifically designed and ventilated for the overnight and long -term housing and sale of animals both wholesale and retail. (yy) Potentially dangerous: Any of the following: 1. Any animal which, when unprovoked, on two (2) separate occasions within the prior thirty -six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off of property owned, lawfully occupied or controlled by the owner /guardian or keeper of the animal as documented by an enforcement authority. 2. Any animal which, when unprovoked, bites a person causing an injury that is not a severe injury, as defined below. 3. Any animal which, when unprovoked and off of property owned, lawfully occupied or controlled by the owner /guardian or keeper of the animal, on two (2) separate occasions within the prior thirty -six (36) month period, has bitten or otherwise caused injury to a domestic animal that is not a severe injury, as defined below as documented by an enforcement authority ° Indiana Code § 15- 20 -1 -2 defines "owner" as "...a person who possesses, keeps, or harbors a dog ". Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 11 (zz) Prohibited event: Any event where the enforcement authority determines it necessary to prevent animals from being present during the event to ensure public safety. (aaa) Protective Custody Impound.• To seize and place in to the Animal Shelter for the City of South Bend, any animals due to disaster or other tragic event. (bbb) Provoked: To stimulate, arouse, incite or excite. (ccc) Public nuisance: Any animal which: 1. Interferes with a pedestrian(s) or a passing vehicle(s) or 2. Attacks another animal or a person(s) or 3. Is at large or 4. Damages private or public property or 5. Barks, whines, howls or makes other sounds common to its species in excess, continuously for 15 minutes or for an aggregate 20 minutes in a one -hour period or 6. Is a dangerous wild or exotic animal. (ddd) Quarantining authority: The Department of Code Enforcement, Division of Animal Care and Control its agents, employees and designees, acting under directives and regulations of the Health Department of St. Joseph County or the Indiana state board of animal health. (eee) Rabies vaccination: The injection administered by a licensed and accredited veterinarian, of a dog, cat or other animal with a rabies vaccine licensed by the U.S.D.A. and approved by the Indiana State Board of Animal Health. (fff) Restraint: Any animal secured by a leash or lead, or under the physical control of the animal's owner or owner's designated agent, or within the real property limits of its owner. (ggg) Riding school or stable: Any place which has available for hire, boarding or riding instruction, any horse, pony, donkey, mule or burro. (hhh) Rodeo: A performance featuring bronco riding, steer wrestling, calf roping, greased pig contest or bull riding. (iii)SBACC: South Bend Animal Care and Control, the body that acts with authority derived from the Division of Animal Care and Control. (jjj)Severe injury: Any physical injury to a human being or domestic animal or domestic livestock that results in multiple bites, broken bones, muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 12 (kkk) Service animal: t t Animal trained and certified to assist a person who is impaired by: 1.Blindness or any other visual impairment; 2.Deafness or any other aural impairment; or 3.A physical disability; or 4.A medical condition or any other condition governed by the Americans with Disabilities Act (ADA). (111)Shelter manager: The Shelter Manager for the Division of Animal Control. (mmm) Small Animal: Any small domestic animal including but not limited to: ferrets, gerbils, guinea pigs, hamsters, mice, and rats. (nnn) Small Birds: Any small pet bird including but not limited to: canaries, finches, cockatiels, lovebirds, small parakeets, and parrotlets. (000) Small Reptile: A cold - blooded vertebrate including but not limited to: bearded dragons, frogs, geckos, skinks, salamanders, and turtles. (ppp) Stray: Any animal that is not under restraint and /or upon reasonable inquiry by an animal control officer does not appear to have an owner. This section does not apply to free - roaming and /or community cat(s) as defined in this Chapter. (qqq) Tether: Attaching a domestic animal to a stationary object or pulley run by means of a chain, rope, tether, cable, or similar restraint. Tether does not include the use of a leash to walk.a domestic animal. (trr) Trap- neuter - return: is a management technique in which homeless, free - roaming cats are humanely trapped, evaluated and sterilized by a licensed veterinarian, vaccinated against rabies, and then returned to their original habitat. (sss) Unprovoked: An action can be labeled "unprovoked" when the action or reaction of an animal was without stimulation, arousal, excitement, incitement, triggering, or otherwise motivating factors to provide for a reasonably foreseeable animal reaction. (ttt) Veterinarian: 11 means any person licensed and accredited to practice veterinary medicine in the State of Indiana. (uuu) Veterinary hospital: Any establishment maintained and operated by a licensed veterinarian for the purpose of hospitalization of animals or the diagnosis and treatment of diseases and injuries of animals. 11 Indiana Code § 35 -46 -3 -11.5, Version A defines "service animal' with those regulations effective through July 1, 2014 and Indiana Code § 3546 -3 -11.5, Version B defines "service animal' and addresses cruelty to a service animal and become effective July 1, 2014. 12 Indiana Code 25 -38.1 sets forth the governing state regulations for veterinarians. Indiana Code § 25- 38.1 -1 -10 defines "licenses veterinarian ". Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 13 (vvv) Vicious animal: Includes any of the following: 1. Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being or domestic animal. 2. Any animal previously determined to be and currently listed as a potentially dangerous animal which, after its owner /guardian has been notified of this determination, continues the potentially dangerous behavior, as defined herein or is maintained in violation of Chapter 5. (www) Wild animal: Any living vertebrate animal normally found in the wild state. (xxx) Zoological park: Any permanent facility or operation other than a pet shop, displaying or exhibiting one or more species of non - domestic animals, operated by a person, partnership, corporation or government agency. Sec. 5 -3. Regulations are Supplemental to State and County Laws. The regulations of this Chapter supplement all laws of the state and county ordinances covering the same subject matter. Sec. 5 -4 Schedule of Fees for the Division of Animal Care and Control. (a) In addition to any other fees required to be paid by state law, the fee schedule for the Division of Animal Care and Control is as follows: Type of Fee Fee Amount Return to Owner Fees: First redemption $ 15.00 Second redemption $ 50.00 Third redemption $ 75.00 Fourth redemption (and subsequent) $100.00 Daily boarding fee after legal hold 13 $ 10.00 Prophylactic Vaccination & Dewormer $ 5.00 Type of Fee Fee Amount Pain Medication/Antibiotics $ 2.00 per dose Flea Treatment $ 10.00 per dose " Any owner requesting that the Division of Animal Control hold a stray animal longer than the three (3) day stray period must be approved by the Division. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 14 Rabies vaccination reimbursement $ 25.00 Pick -up of an owned animal $ 40.00 Euthanasia by request of owner $ 20.00 10 day quarantine (per day /cat) $ 10.00 10 day quarantine (per day /dog) $ 15.00 Microchip fee $ 20.00 Adoption fees 14 Dog $ 85.00 Puppy $100.00 Cat $ 65.00 Small animal $ 5.00 Small bird $ 10.00 Large bird or exotic bird $ 75.00 Rabbit $ 10.00 Small reptile $ 10.00 Medium or Large reptile $ 40.00 Protective Custody Impound Fees: Fire, death, accident, acts of God, etc. No charge for first three (3) days $ 10.00 per day per cat $ 15.00 per day per dog Arrest, seized for abuse, cruelty, $ 10.00 per day per cat abandonment, court case holds, etc. $ 15.00 per day per dog Replacement pet registration (all classifications) $ 5.00 UPS shipping of biting animals for testing by state $ 30.00 (b) Fees will be waived only at the discretion of management/supervisory personnel. Sec. 5 -5 Through Sec. 5 -7 Reserved for Future Use, Article 2. Honey Bee Keeping Regulations." 14 Listed adoption fees for dogs, cats and puppies may be reduced in the event of the receipt of grants and/or special programming and prior notice to the Common Council. 1 Indiana Code § 14- 24 -2-4 sets forth the duties for the Division Director in the protection and development of the bee and honey industry in the State of Indiana. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 15 See. 5 -8 Legislative Findings. (a) The Common Council finds that honey bees can be maintained within populated areas without causing a nuisance, if honey bees are properly located, managed, and maintained. (b) Honey bees area benefit to society by pollinating flowers, gardens and trees and thereby contributing to the local ecosystem; as well as furnishing honey, wax, and other useful projects. (c) The regulations set forth in this Article are in the best interests of the health, safety and welfare of the city. (Ord. No. 10241, § II, 07- 08- 2013) 16 See. 5-9 Definitions. As used in this Article, the following words, terms and phrases shall have the meanings set forth herein: (a) Apiary: the assembly of one (1) or more hives or colonies of honey bees at a single location. (b) Beekeeper: a person who keeps honey bees in hive(s) which meet state approved requirements. (c) Beekeeping Equipment: anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. (d) City: City of South Bend, Indiana. (e) Colony: the entire honey bee family or social unit living together including the queen, workers and drones. (f) Flyway barrier: fencing, dense hedging or a combination of the two, which provides a shield or protective barrier from the direction in which the honey bees fly when approaching or leaving a hive. 17 (g) Hive: a frame or structure used or employed as a domicile for honey bees which meet state approved requirements. (h) Honey Bee: the common domestic honey bee, limited to the Apis mell {fera species, specifically excluding the African honey bee, Apis mellifera scutellata or Afiicanized honey bee, or any hybrid thereof. "Indiana Code § 36- 14-11 authorizes a city to pass, codify and enforce ordinances; and Indiana Code § 36 -1 -3 -2 grants to cities "...all the powers that they need for the effective operation of government as to local affairs ". 17 Flyway barriers assist in deterring honey bees from contact with humans and domesticated animals. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 16 (i) Lot: a piece, parcel, plot or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single ownership or control and may consist of 1. A single lot or record; or 2. A combination of complete lots of record. (Ord. No. 10241, § II, 07- 08- 2013) 18 Sec. 5 -10 Honey Bee Keeping Public Safety Regulations. (a) Any person desiring to raise the common domestic honey bee, limited to the Apis mellifera species, must comply with the following public safety regulations. (b) No hive shall exceed seventeen (17) cubic feet in volume. (c) Location Requirements: Where a lot has a fence, hives must maintain a four foot (4') radial distance from the property line as measured from the center of the hive. 2. Where a lot does not have a fence, hives must maintain a four foot (4') radial distance from the lot line as measured from the center of the hive. The beekeeper must also install a flyway barrier no further than four feet (4') in front of the hive entrance. 3. In no event shall a hive be located closer than ten feet (10') from a public sidewalk. 4. Colonies maybe kept on flat roofs without setback or flyaway barrier restrictions. 5. For a lot without a perimeter fence, a fence which surrounds the entire hive(s) shall be compliant with the zoning regulations set forth in South Bend Municipal Code § 21 -02.11 and apiary practices. 6. Afresh supply of water shall be provided for all hives19. (d) The honey bees and equipment shall be maintained in accordance with the applicable provisions of the Indiana Code and apiary practices addressing honey bees recommended by the State of Indiana's Apiary Inspector(s) with the Indiana Department of Natural Resources Department of Entomology Division of Entomology and Plant Pathology '8 South Bend Municipal Code § 21 -11.02 sets forth the zoning definition for "lot" '9 A fresh supply of water for honey bees deters honey bees from congregating at swimming pools, pet water bowls, birdbaths or other water sources where they may cause human, bird or domestic animal contact; so long as it does not become stagnant. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 17 Purdue University being recognized on the official State of Indiana website. (Ord. No. 10241, § II, 07- 08- 2013)20 Sec. 5 -11 Compliance Required; Penalties. (a) It shall be unlawful for any person to keep or maintain an apiary, hive, or colony in the City which is not in compliance with this Article. (b) Any person violating any of the provisions of this Article shall be issued a citation by the Department of Code Enforcement which provides for a fine of seventy -five dollars ($75.00) per violation payable through the Ordinance Violations. (c) Each violation shall constitute a separate and distinct offense. Every day any violation of this Article shall continue shall constitute a separate offense. (d) Any apiary, hive or colony which threatens public health or safety; or creates a public nuisance; or which has been abandoned is unlawful. The City is authorized to take all reasonable action including removal and/or destruction of any apiary, hive or colony which is deemed necessary. (Ord. No. 10241, § II, 07 -08 -2013) Sec. 5 -12 through Sec. 5 -14 Reserved for Future Use Article 3. Animal Care Rules and Regulations. 21 Sec. 5 -15 Adequate Shelter, Food and Water to be Provided .22 Every owner or keeper of an animal kept in the city shall see that such animal: (a) Is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in its own excrement; the person(s) responsible for animal(s) shall regularly and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact; and (b) Has food that is appropriate for the species in adequate amounts to maintain good health, fresh potable drinking water where appropriate, shelter and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to exercise and move about freely. Sec. 5 -16 Medical and Grooming Care Requirements. 20 A current "List of Assistance for Beekeeping in Indiana" may be accessed at www.in.gov /dnr /entomolo /files /ep- indiana beekeeping information.pdf " Indiana Code § 3546 -3 -0.1 through Indiana Code § 3546 -3 -15 set forth the State of Indiana's laws addressing "Offenses Relating to Animals ". u Indiana Code § 35- 46 -3 -0.5 defines neglect of an animal. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 18 (a) Every owner or keeper of an animal shall see that any animal in their control and custody receives proper veterinary care as necessary to treat illness, disease or injury to prevent the transmittal of disease, to be vaccinated as required by law in order to promote humane animal health. (b) Any animal deemed by the SBACC staff to require medical evaluation must be evaluated by a licensed veterinarian to maintain humane care. Any treatment necessary shall be at the discretion of the veterinarian. Proof of compliance must be provided. (c) Any animal requiring grooming deemed by SBACC staff to maintain humane standards of care must show proof such grooming has been completed. Sec. 5 -18 Removal of Excrement Required. (a) Persons responsible for an animal shall immediately remove the animal's excrement from public lands or from the property of another, excepting a person working with a certified service animal. Sec. 5 -19 Acreage Requirements for Certain Domestic Animals and Fowl. (a) Any person desiring to raise any of the following -named domestic animals or fowl must have a minimum of five (5) acres of land: 1. Cow, ox, cattle, calves or other livestock 2. Donkey, ass, burro, mule 3. Pig, swine, hog, pot - bellied 4. Sheep 5. Goats 6. Roosters, geese, turkeys, ducks or other fowl, not including Urban Chickens 7. Bison 8. Llamas 9. Horses The maximum number of such animals which may be maintained on such property shall be determined based on current animal husbandry and veterinarian standards. (b) Any person desiring to raise rabbits as pets or racing or homing pigeons within the city limits must keep such animals and birds in safe and sanitary conditions so that a public nuisance as defined in this Chapter is not created. (c) In no event shall the shelter and feeding area for any of the animals or fowl listed in this section be closer than fifty (50) feet from the adjoining property line. (Ord. No. 7505 -85, § 1; Ord. No. 8467-94,, § 6; Ord. No. 8667-96,, § III, Ord. no. 10213-13,, § 1; 01- 14 -13; Ord. No. 10241 -13, § 1, 07- 08 -13). Sec. 5 -20 Urban Chicken Regulations. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 19 (a) "Urban Chicken" means a chicken living in the city limits officially known as gallus domesticus, which is a domestic bird. It does not include other fowl, such as, but not limited to roosters, peacocks, turkeys or waterfowl. Urban chickens are governed by the zoning regulations set forth in Section 21 -02.11 of this Code addressing Residential District zoning regulations. (b) "Chicken coop" also referred to as chicken pen means an enclosure or enclosed structure used for housing urban chickens which provides shelter from the elements which must meet the standards set forth in Section 21 -02.11 of this Code. (c) "Chicken flock" means more than one (1) urban chicken which: 1. Contains no more than six (6) hens and no roosters; and 2. Is issued a permit pursuant to Section 21 -02.11 of this Cade. (d) "Chicken pen" means an enclosure that must meet the standards set forth in Section 21- 02.11 of this Code. (e) Anyone desiring to raise urban chickens within the city limits must file an application for an Urban Chicken Permit with the Division of Animal Care and Control in the Department of Code Enforcement and pay an annual filing fee of twenty dollars ($20.00), if provisions for the chickens are deemed acceptable after inspection by the Division of Animal Care and Control and the application is approved. If the application is approved, the owner/harborer of the chickens will receive a durable metal tag, which must be affixed in plain view to the chicken coop. At the end of each calendar quarter, the Division of Animal Care and Control shall provide to the Office of the City Clerk an electronic report summarizing: the residential street location, number of urban chickens at each such location, size of the chicken coop and size of the chicken pen for each location which has been issued such a permit. The Division of Animal Care and Control may deny or revoke a permit to any person who has failed or refused to comply with the permit requirements, who has made any fraudulent or false statement or material representation in the permit application or in connection with the keeping of urban chickens, who has violated a state or any provision of this Code in connection with the application or keeping of urban chickens or who has kept urban chickens or other animals in such a manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public. Upon denial or revocation of a permit, the Law Department shall provide notice to the permit applicant or holder and shall provide for a written appeal and hearing pursuant to the procedures in Section 4 -16 of this Code. (f) Anyone desiring to raise urban chickens within the city limits must comply with the animal care regulations set forth in this Chapter 5, and the requirements applicable to chickens incorporated into Chapter 21 of this Code. (g) The Department of Code Enforcement shall be responsible for the enforcement of this section. The Department of Code Enforcement shall also comply with the duties set forth in Subsection 5 -49(d) of this Code in carrying out the duties set forth in this Section which require the filing of a summary list of all warning notices and citations issued by Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 20 the last Friday of each month with the Law Department the Chairperson of the Health and Public Safety Committee, the Chairperson of the Residential Neighborhoods Committee, the Office of the City Clerk, and the Animal Control Commission. (Ord. No. 10213 -13, § II, 1- 14 -13) Sec. 5 -21. Restraint of Animals Required; Limited Exception for Off -Leash Dog Run Park. (a) All animals that are the property of an owner /guardian shall be properly restrained as defined in Section 5 -2 of this chapter. (b) Any owner /guardian who takes his/her dog(s) to an off -leash dog run park must comply with the regulations governing that location. Sec. 5 -22. Fastening Animals with Rope or Chain; Choker Collar. 23 (a) No animal shall be hitched, tied or fastened by any rope, chain or cord that is directly attached to the animal's neck. If animals must be tied, hitched or fastened: 1. The length of the rope, chain, or cord must be no less than three (3) times the length of the animal and of an appropriate length for the animal to move freely without risk of injury; and 2. The weight of the rope, chain or cord is light enough to permit the animal to move freely without risk of injury; and 3. The collar and rope, chain, or cord cannot cause the animal to choke; and 4. A properly fitted collar or harness made of leather or nylon, not of the choker type is worn by the animal. This is not to prohibit the proper use of choker collars in the training of animals; and 5. The tying device shall be attached to the animal's leather or nylon collar or harness and must have a swivel device on both the anchor and collar end to prevent tangling; and 6. The location of the anchor and the length of the rope, chain, or cord, cannot cause the animal to become tangled, choke, or become injured; and 7. The animal must have access to water and shelter at all times. (b) No person shall chain their dog using an agitation collar; a collar exceeding 1% inches wide for any dog under 60 pounds. Dogs over sixty (60) pounds shall not be tethered using a collar exceeding 2 inches (2 ") in width. 2; Indiana Code § 35- 46 -3 -0.5 addresses the use of a rope, chain or tether. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 21 (c) A person shall not tether an animal in a manner that permits the animal to leave the person's property. (d) Tethering. It shall be unlawful: 1. For any dog to be tethered between the hours of 11:00 p.m. and 6:00 a.m. 2. To tether any unsterilized dog for any period of time. 3. To tether or confine a dog at a vacant structure or premises for any purpose when it is not monitored by an adult who is present at the property for the duration of such tethering or confinement. 4. To tether a dog under six (6) months of age. 5. For more than three (3) dogs to be tethered simultaneously at the same residence. 6. To have contact between tethered dogs. 7. For tethered dogs to be within three feet (3') of another person's property, public thoroughfare, and /or right -of -way. 8. To tether a dog without access to adequate shelter at all times. (e) Multiple tangling during tethering. If one (1) or more dogs at a residence have required a response from the Division of Animal Care and Control to untangle tethers more than two (2) times in one year, it shall be a violation of this Section. See. 5 -23 Cruelty to Animals Prohibited .24 (a) No person shall beat, cruelly treat, neglect, torment, overload, overwork, or otherwise abuse any animal except that reasonable force may be employed to drive off vicious or trespassing animals. (b) No animal shall be left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal. Conditions include but are not limited to extreme temperatures (hot/cold), hazardous material, confinement, or lack of provisions which jeopardizes the safety of the animal. (c) No person shall transport any animal in an unenclosed truck bed or open portion of any vehicle unless the animals is enclosed in a cage which is securely fastened to the vehicle. Sec. 5 -24 Animal Hoarding Prohibited. 24 Indiana Code § 35- 46 -3 -0.5 defines "abandon, beat, mutilate, neglect, and torture" of an animal. Versions A and B of Indiana Code § 3546 -12 addresses the torture or mutilation of a vertebrate animal. Versions A and B of Indiana Code § 35 -46 -12.5 address domestic violence animal cruelty.. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 22 It shall be a violation of this section to be an Animal Hoarder as defined in Section 5 -2 of this Chapter. Sec. 5 -25 Animal Fights and Fighting Contests Prohibited .25 (a) No person shall permit or conduct any dogfight, cockfight, or other combat between animals or between animals and humans. (b) No person shall possess animal fighting paraphernalia and a dog, cock, fowl, or bird bearing a scar, wound or injury consistent with animal fighting. (c) No person shall attend an animal fighting contest. (d) No person shall sell, purchase, own, harbor, give away, barter, breed, or possess any animal for animal fighting. (e) No person shall permit anyone to use any building, shed, room, yard, ground, premises, vehicle or property, whether enclosed or not for the purpose of animal fighting. (f) No person shall aid, abet, assist, act as judge or referee, bet or wager money or other valuable consideration on the outcome of, be at, attend, or in any way engage in the furtherance of, an exhibition of animal fighting. Sec. 5 -26 Prohibited Animal Events. No person or group of persons or any organization, whether for pay or other compensation or for free promotional purpose, shall conduct or allow any event involving contests between animals or persons using animals in any form or manner that threatens public safety or the safety, well- being, and comfort of the animals involved. Sec. 5 -27 Poisonous Bait Prohibited. It shall be unlawful for any person to throw or deposit any known poisonous substance, whether mixed with food or not, in any of the streets, alleys, parks, commons, yards, or other places, whether public or private, so that it shall be likely to be eaten by any animal; provided, that it shall not be unlawful for a person to expose on his own property common rat or mouse poison, unmixed or mixed only with vegetable substances, or substances for the eradication of termites or similar insects. Sec. 5 -28 Enticement of Another Person's Animal Prohibited. (a) It shall be unlawful for a person, not so authorized, to enter or invade the private premises of another person in the city to capture, entice, or take any animal out of the enclosure or 21 Indiana Code § 35- 46 -3 -8 through Indiana Code § 3546 -3 -10 set forth the Indiana state law provisions addressing animal fighting contests which new regulations taking effect on July 1, 2014. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 23 premises of the owner, or to seize an animal at any place while such animal is accompanied by its owner or keeper. (b) Except as expressly authorized in this Chapter, it shall be unlawful for a person to entice any animal away from the premises of the person who owns or keeps such animal in the city, or to entice an animal from a street, alley or public place in the city with the intent to deprive the owner of the animal's possession. (c) It shall be unlawful for a person to bring into the city an animal for the purpose of its impoundment, or the collection of any fee or reward for its return, except as provided in this Chapter. Sec. 5 -29 Interference with Another Person's Animal Prohibited. It shall be unlawful for a person to feed, tease, tantalize, molest, or provoke any animal in the city without the express consent of the animal's owner, if any, while the animal is on the owner's property or under the owner's control. A person who violates this section shall be punishable as provided in Section 5 -111 of this Chapter; provided, however, a fine imposed for any such violation shall not be less than fifty dollars ($50.00). Sec. 5 -30 Offensive Use of Animal Prohibited. It shall be unlawful for a person willfully to deposit a live or dead animal upon public or private premises not owned by that person, or willfully to throw a live or dead animal against any other person, or aid or abet another person in doing so. See. 5 -31 Abandonment of Animal(s) Prohibited. It shall be unlawful for a person to abandon or cause to be abandoned any animal on public or private property and a violation of this section shall be punishable as provided in Section 5 -111 of this Chapter; provided, however, a fine imposed for any such violation shall not be less than five hundred dollars ($500.00). Actions taken by colony caretakers in accordance with this chapter shall not be considered abandonment of an animal. Sec. 5 -32 Trapping and Free - Roaming Cat Regulations. The following regulations apply to animal traps; their requirements, prohibitions, and the managed free - roaming cats: (a) It shall be unlawful for a person to use, place, set or cause to be used, placed, or set any leg -hold trap or similar device upon any land or waters. (b) It shall be unlawful for a person to use, place, set or cause to be used, placed or set any snare, net or other device which causes the trapping or ca turin of 1 p g any an n any manner by which the animal is not either captured painlessly or killed instantly upon any land or waters. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 24 (c) It shall be unlawful for a person, having placed a lawful trap, snare or similar device, to capture wildlife, to fail to inspect and empty it at least once during every twenty -four- hour period. (d) It shall be unlawful for a person to fail to inspect and care for the captured free - roaming cat a minimum of every two (2) hours to ensure the safety of the cat(s), having placed a lawful trap, snare or similar device, to capture free - roaming cats for the purpose of trap, neuter, return or other medical care. (e) It shall be unlawful for a person to remove an animal from any trap not on the person's property, unless such person has the express permission of the property's owner to do so. (f) The Division of Animal Care and Control, in order to encourage the stabilization of the free - roaming cat population may: 1. Trap any free - roaming cat in a humane manner; 2. Have the cat surgically sterilized, ear - tipped, and vaccinated against rabies by a licensed veterinarian; and 3. Release the cat to the Division of Animal Care and Control for adoption or other disposition in accordance with law, or to a colony caretaker who will maintain the cat as part of a managed colony of community cats. Cat must be returned as close as possible to its location of capture unless illness or injury presents imminent danger to the animal. (g) Traps discovered by the Division of Animal Care and Control to have been unlawfully set may be seized. Sec. 5 -33 Public Nuisance Animal Prohibited. No person shall own or harbor a public nuisance as defined in this Chapter. Sec. 5 -34 Animals as Prizes or Inducements Prohibited. (a) No person shall sell, offer for sale, trade, barter, or give away any live animal as a prize. (b) No animal shall be used as an inducement to enter, a place of amusement or any business establishment other than establishments whose primary business is selling animals except for domesticated pets. (c) Governmental agencies or animal welfare organizations maintaining a 5010 providing health, safety, or adoption promotions will be exempt from the provisions of subsection (a) as described above. Any events as listed in (a) will require necessary permits and inspection. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 25 (d) Patron contact with exotic and /or dangerous animals prohibited. Sec. 5 -35 Dyeing or Staining Animals Prohibited and Selling Animals as Novelties Prohibited. (a) It shall be unlawful for a person to sell, trade, barter, or otherwise dispose of any animal whose appearance has been artificially or chemically colored, sprayed or painted. (b) No person or establishment shall sell, offer for sale, barter, or give away animals as novelties. Sec. 5 -36 Notification of Injury Caused by Motor Vehicle to Animals Required. Any person operating a motor vehicle who causes injury or death to an animal shall stop at once, assess the extent of injury, and immediately notify the owner or animal control shelter of the location of animal or call the police or emergency services after hours. Sec. 5 -37 Notification of Lost or Stray Animals Required. (a) Persons finding a stray animal are to notify the Division of Animal Care and Control within 24 hours (or within the next business day). At the discretion of the division, the animal may be kept by the finder and a found report left with the department, to enable the finder an opportunity to return the animal to its rightful owner. (b) Upon demand by the Division of Animal Care and Control, any found animal will be surrendered to the Division and held for three (3) business days, before a disposition is made. (c) Persons finding an animal are obligated to comply with all rules and regulations of this Chapter pertaining to humane care and treatment of animals, while said animal is in their custody awaiting return to its actual owner. (d) With the exception of the SBACC, the finder will be considered the found animal's owner for the purposes of this Chapter only after the animal is in the finder's custody for twenty - one (21) continuous days and has been presented for microchip scanning. Sec. 5 -38 Dangerous Animals. (a) If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, the Shelter Manager of South Bend Animal Care and Control (SBACC) shall request a hearing by the Animal Control Commission for the purpose of determining whether or not the animal in question should be declared potentially dangerous or dangerous. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 26 1. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for finding probable cause shall be sworn to and verified by the complainant and shall be provided to the Animal Control Commission. 2. The hearing will be held within ten (10) calendar days at a special meeting of the Animal Control Commission and shall be open to the public. T6 3. The owner /guardian of the animal shall be served with notice of the hearing by certified mail or in person. Such notice shall include a summary of the complaint against the owner /guardian of the animal(s) involved. 4. The Shelter Manager of South Bend Animal Care and Control (SBACC) shall notify the owner /guardian of the animal of the date and time of such hearing, at which time he or she may present evidence as to why the animal should not be declared potentially dangerous or vicious. a. Such evidence may include eyewitness testimony of the incident; or b. Evidence that the action of the animal and the damage sustained by the person or other animal could have reasonably been expected to occur given the circumstances of the event. Such circumstances may include, but are not limited to: willful trespass upon the owner /guardian's property; teasing, tormenting, abusing or assaulting the animal; and /or attempted abuse or assault upon the owner /guardian. 5. The Animal Control Commission may consider all relevant evidence, including incident reports, affidavits of witnesses, photographs and /or video media, and whether the incident reasonably indicates whether or not the animal in question is potentially dangerous and /or vicious in ordinary circumstances where the average person could not reasonably be expected to foresee and take measures to prevent injury. 6. If the owner /guardian of the animal fails to appear at the hearing, the Animal Control Commission may find owner /guardian in default, and all ownership rights of the animals shall be assumed waived. 7. After the hearing, the owner /guardian of the animal shall be notified in writing of the determination by certified mail or in person. a. If a determination is made that the animal is potentially dangerous or vicious, the owner /guardian shall comply with this section's requirements for restraint in accordance within seven (7) days after the date of the determination. 2 Indiana Code § 5- 14 -1.5 -5 of the Indiana Open Door Law requires forty -eight (48) hour notice before a meeting. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 27 b. An animal determined to be vicious may be destroyed by the South Bend Division of Animal Care and Control when it is found by the Animal Control Commission that the release of the animal would create a significant threat to the public health, safety, and welfare. c. If it is determined that an animal found to be vicious shall not be destroyed, the Animal Control Commission may impose reasonable conditions upon the ownership of the animal that protect the public health, safety and welfare, which are consistent with the Chapter. d. Decisions of the Animal Control Commission are subject to appeal to the Circuit Court of St. Joseph County. The Owner /Guardian of the animal(s) must do so within ten (10) calendar days, or they will waive their right to the appeal, and all decisions will be considered final. The Owner /Guardian must also notify the Animal Control Commission of their decision to appeal in writing, which will then be forwarded to the Legal Department for the City of South Bend. (b) If, upon investigation, it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the animal in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the animal pending the hearing to be held pursuant to this section. The owner /guardian of the animal shall be liable to the City of South Bend Division of Animal Care and Control where the dog is impounded for the costs and expenses of keeping the animal, if the animal is later declared potentially dangerous or vicious.27 (c) A potentially dangerous animal, while on the owner /guardian's property, shall, at all times, be kept indoors, or in a secured enclosure that is enclosed on all five (5) sides and is anchored to the ground from which the animal cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner /guardian's premises only if it is restrained by a substantial leash, of no more than six feet (6') in length, and if it is under the control of a responsible adult. (d) An animal that has been declared vicious may not be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition, except to a secured enclosure. When outside, all vicious animals must be confined in a secure enclosure, that is enclosed on all five (5) sides and is anchored to the ground from which the animal cannot escape, except when necessary to obtain veterinary care, or in cases of emergency where the situation would endanger and/or threaten the health and welfare of the animal. 1. All such enclosures must be adequately lighted and ventilated and kept in a clean and sanitary condition. "Indiana Code § 15- 20 -1 -7 authorizes the impoundment of animals where there is probable cause. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 28 2. The enclosure shall have secure sides and a secure top and bottom to prevent the animal from escaping over, under, or through the structure, and shall be anchored to the ground to prevent escape. 3. The enclosure shall be kept locked at all times to prevent unintentional opening. 4. The enclosure shall include suitable shelter and protection from the elements, and shall provide adequate exercise room, light, ventilation, and sanitation. The enclosure shall be inspected and approved by the City of South Bend Division of Animal Care and Control prior to its usage for confinement. 6. Whenever necessity requires a vicious animal to be outside of the enclosure, the animal shall be securely muzzled and restrained by a leash not exceeding six feet (6') in length, with handgrip, and shall be under the direct control and supervision of the owner /guardian of the animal. 7. That the owner /guardian shall maintain a liability insurance policy of no less than $300,000 for the animal. Any cancellation of insurance must be given to the city at least 48 prior to the cancellation. 8. The animal must also be identifiable via a microchip implanted in to the skin of the animal, and such microchip number must be provided to the Division of Animal Care and Control. (e) The owner /guardian of a potentially dangerous or vicious animal shall display clearly visible warning signs on all entry points to the premises on which the animal is maintained warning that a potentially dangerous or vicious animal is being harbored on such property. In addition, at least one sign shall be posted on the enclosure in which the animal is maintained. Signs must inform both children and adults of the presence of a potentially dangerous or vicious animal on the property and be viewable from the public way and neighboring property from a distance of at least fifty feet (50'). (f) Any animal classified as potentially dangerous or vicious shall not be used for breeding and shall be altered by a licensed veterinarian within fourteen (14) days of such classification unless: 1. A licensed veterinarian certifies in writing that the animal is incapable of reproduction; or 2. A licensed veterinarian certifies in writing that altering the animal would be injurious to the animal's health; provided, however, that if the health condition of the animal is of a temporary nature, then the animal shall be altered immediately after the health condition has been corrected. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 29 3. If the animal in question dies, or is sold or transferred, the owner /guardian shall notify the City of South Bend Division of Animal Care and Control of the changed condition and new location of the animal in writing within two (2) business days. 4. Any violation of the above provisions and/or restrictions placed on the owner /guardian by the Animal Control Commission will result in immediate impoundment of the animal, fines to be issued in accordance with Section 5 -106 of this Chapter, and ownership rights in the animal be immediately waived. The City of South Bend Animal Care and Control may also seek injunctive relief in a court of law against the owner /guardian and seek prohibition of ownership of animals for a time period deemed necessary by the court. 5. An owner /guardian may submit one request for reconsideration per year to the animal control commission to have the designation of potentially dangerous or vicious removed from his or her animal. a. The application must be in writing. b. The application must be filed to the City of South Bend Division of Animal Care and Control c. The application shall include detailed information about how the change in circumstances or measures taken by the owner /guardian, such as obedience and /or behavior modification training of the animal, have mitigated the risk to public safety. d. The Animal Control Commission has the authority to hear evidence, both pro and con, as to whether and why the designation should or should not be removed. e. There shall be no complaints of a valid nature at the address of the owner /guardian regarding this animal or any other animal. f. The Animal Control Commission may make a decision to remove or not to remove such designation. Sec. 5 -39 Biting Animals; Report; Procedure." (a) Owner or harborer of any animal which has bitten a person or another animal must report the incident to the St. Joseph County Health Department and the Division of Animal Care & Control and immediately make the animal available for quarantine. Upon receiving the report of a bite, Department of Animal Care & Control will quarantine the animal for ten (10) days with the place of confinement to be in the discretion of the Division of Animal "Indiana Code § 15- 20 -1 -1 through Indiana Code § 15- 20 -1 -7 set forth the state laws addressing "Liability for Dog Bites ". Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 30 Control. During the quarantine period, the animal is to be securely confined and kept from contact with any other animal or person. (b) During the quarantine period, the owner must provide a current rabies vaccination certificate for his or her cat or dog that is being quarantined. If proof of vaccination cannot be supplied, the animal will be vaccinated by a veterinarian at the owner's expense before after release, and the owner must provide the Animal Control Commission with name, address and phone number of the veterinarian performing the rabies vaccination, which will be verified before the animal can be released to the owner .29 1. If the animal is quarantined at the shelter, a microchip shall be implanted in it prior to its release from quarantine. The animal shall be registered for its life with the Division of Animal Care and Control. The cost of the implant shall be at the owner's expense before release. 2. If the animal is quarantined in a place other than the shelter, as determined by the Division of Animal Care and Control, a microchip shall be implanted in it within thirty (30) days following the animal's release from quarantine. The animal shall be registered for its life with the - Division of Animal Care and Control. The cost of the implant and registry shall be at the owner's expense. 3. The microchip, used for these quarantine provisions, shall be numbered. This number will provide entry into a data base that contains the animal's bite history. The microchip shall be contained in a sterilized implanting device and shall be individually packaged. 4. The microchip and its corresponding registration history shall be considered prima facie evidence for any future dangerous animal determination in accordance with Section 5 -38 of this Chapter, addressing dangerous animals. (c) No person other than an Animal Control Officer or veterinarian shall kill or cause to be killed any animal suspected of being rabid except in cases of immediate self - protection. If that occurs, the person will retain the body and immediately notify the Division of Animal Care and Control. (d) Violations of these quarantine provisions shall constitute a violation of this chapter and may subject the responsible party to civil penalties under Section 5 -111. Sec. 5 -40 Exotic Animals and Native Wildlife. (a) No wild or exotic animal shall be kept within the city without the necessary state and /or federal permits. 29 Indiana Code § 15- 17 -6 -1 through Indiana Code § 15- 17 -6 -14 sets forth the state law addressing rabies, quarantine, vaccination orders, the role of the County Health Officer and Sheriff, impounding areas, emergency orders and local ordinances Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 31 (b) No person shall keep, shelter, harbor, buy, sell, or trade within the city a dangerous wild animal or a dangerous exotic animal as defined in this Chapter except as provided in paragraph (c) below. (c) This section shall not apply to permitted zoological parks or zoos, educational, or medical institutions. (d) Any animal found in violation of this Section may be seized immediately in accordance with Indiana State code and Department of Natural Resources regulations. (e) The animal will be held in protective custody for seven (7) calendar days to allow an owner to locate a new and appropriate owner or housing for the animal outside the city limits. If no arrangements have been made in seven (7) calendar days the animal will become the property of the city and disposition may be made at that time. (fl Costs. The owner of any animal, which is impounded and /or euthanized or relocated under this Section, shall be held responsible for payment of any expenses so incurred by the Division of Animal Care and Control. Fees will be paid prior to release or relocation of the animal. The housing and rehabilitation of native wildlife on public or private land shall be by a state, and /or federally, permitted or sub - permitted entity or individual. The permitted housing or shelter of wildlife for the purpose of rehabilitation or rescue shall not be any less than twenty feet (20') from neighboring property. Disease vectors such as raccoons and opossums are not permitted to be rehabilitated inside city limits. (g) Grandfather clause. Wolf- hybrids owned or harbored under this Section, at the time of passage, must be registered with the Division of Animal Care and Control within sixty (60) days of passage and shall be exempt from this Section. Wolf- hybrids must have no bite history in order to be exempt. If any wolf -hybrid bites, or has previously bitten, a human or an animal, the wolf -hybrid will no longer be exempt from this Section. All wolf - hybrids registered under this section shall be spayed or neutered and microchipped at the owner's expense prior to registration. Wolf - hybrids not registered within sixty (60) days of passage of these regulations will not be exempt from this Section .30 Sec. 5 -41 Training Methods. No animal may be induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause or is likely to cause physical injury or suffering. Sec. 5 -42 Destruction of Animals. 1 "Indiana Code § 15- 20 -1 -5 Version A is in effect until July 1, 2014 and Indiana Code § 15- 20 -1 -5 Version B takes effect July 1, 2014 which set forth "wolf hybrid and coydog liability; criminal offenses ". " Indiana Code § 3546 -3 -5 lists as an exception "destruction of an animal by an animal control program, including an animal control facility, an animal shelter, or a humane society ". Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 32 (a) All animals impounded by South Bend Animal Care and Control, a public or private sheltering agency or rescue group shall be killed, only when necessary and consistent with the requirements of this Chapter by lethal intravenous injection of sodium pentobarbital, except as follows: 1. Intraperitoneal injections may be used only under the direction of a licensed veterinarian, and only when intravenous injection is not possible for infant animals, companion animals other than cats and dogs, or in comatose animals with depressed vascular function. 2. Intracardiac injections may be used only when intravenous injection is not possible for animals who are completely unconscious or comatose, and then only under the direction of a veterinarian. (b) No person other than a duly authorized agent of the animal control shelter may destroy any domestic animal within the city limits; provided, however, this provision shall not apply to the following: 1. A licensed veterinarian, 2. A veterinary staff member under the direct supervision of a veterinarian 3. Those persons acting in immediate self- protection. (c) The Division of Animal Care and Control, other animal shelters, and /or public animal facilities which destroy animals in the city, shall use only sodium pentobarbital or a derivative substance for said purpose. (d) The duly authorized animal control agent(s) must be trained in humane procedures by a licensed veterinarian or a registered veterinary technician and shall perform the destruction of animals in a humane manner as specified by the American Veterinary Medical Association AVMA's Guidelines for Euthanasia .32 Said person(s) must have letter from a licensed veterinarian citing their competency in humane euthanasia procedures and must be evaluated by a licensed veterinarian on a yearly basis. (e) No animal's body shall be disposed of until all vital signs are checked (fixed pupil, cessation of heartbeat and respiration) to assure that death has occurred. (f) No animal shall be allowed to witness any other animal being killed or being tranquilized /sedated for the purpose of being killed or see the bodies of animals which have already been killed. (g) Animals shall be sedated /tranquilized as necessary to minimize their stress or discomfort, or in the case of vicious animals, to ensure staff safety, except as follows: i2 The "AVMA Guidelines for the Euthanasia of Animals: 2013 Edition" consists of 102 pages and may be accessed at https://www.avma.OTR/kb/i)olicies/documents/euthansia.pd f Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 33 1. neuromuscular blocking agents shall not be used as sole agent. (h) Following their injection, animals shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support. (i) An animal may not be left unattended between the time procedures to kill the animal are commenced and the time death occurs, nor may the body be disposed of until death is verified. 0) Verification of death shall be confirmed for each animal in all of the following ways: 1. by lack of heartbeat, verified by a stethoscope; 2. by lack of respiration, verified by observation; 3. by pale, bluish gums and tongue, verified by observation; and 4. by lack of eye response, verified if lid does not blink when eye is touched and pupil remains dilated when a light is shined on it. Sec. 5 -43 Habitual Animal Offender. (a) It shall be unlawful to be a habitual animal offender. For the purposes of this Section, an habitual animal offender shall mean any animal owner or harborer, who within any two - year period is cited with three (3) or more violations of animal care regulations of this Chapter. The controlling date is the date of each animal ordinance violation.. (b) If upon investigation by an Animal Control Officer it is found that an owner and /or harbor meets the definition of a Habitual Offender, the matter will be set for hearing before the Animal Control Commission. (c) If found to be a habitual animal offender the Animal Control Commission may order a limit, restriction, or prohibition against animal ownership for a minimum of five (5) years or more as determined by the Animal Control Commission based on the totality of the circumstances of the violations observed. Sec. 5 -44 Through See. 549 Reserved for Future Use. Article 4. Pet Registration Requirements and Commercial Animal Permits. Sec. 5 -50 Pet Registration Required; Exception; Tags; Microchip Implant. (a) Any person owning, keeping, harboring or having custody of any dog or cat over the age of six (6) months must obtain a pet registration for such animal; provided, however, that Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 34 no pet registration shall be required of any animal welfare organization, municipal animal control facility or governmental agency, or guide dog. (b) A durable tag stamped with registration number will be provided to pet registration holders the first time the dog or cat is registered. Each subsequent year, the dog or cat must be registered; however, a new tag will not be issued. The registration will be on file with SBACC and proof of payment/registration will be provided to the owner. Dogs and cats should wear their tags at all times on their collars, except when involved in any organized show, obedience demonstration, training situation or under the care of a licensed veterinarian. (c) Any person owning any dog or cat which has been implanted with a microchip shall transfer the microchip documentation with the Division of Animal Care and Control and national registry upon sale, trade, barter, gift or transfer of an animal. Any animal received by South Bend Animal Care and Control with an untraceable tag or microchip due to an owners failure to keep contact information current for tracing with Animal Control, a national registry, or the veterinarian will be held three (3) business days prior to disposition. (d) Annual pet registrations are non- transferable. Sec. 5 -51 Application for Registration or Permits. (a) Application for registration or permits may be made at the Division of Animal Care and Control or designated facility, or by mail, and shall include the name, address of applicant, type of permit applied for, number and description of animal(s), information regarding sterilization, proof of rabies vaccination, a list of all other vaccinations administered, if known; the date and type of vaccinations and the name of the person, business, or entity who administered them, if known, a record of any known disease, illness or condition with which the animal is or has been afflicted; and record of any veterinary treatment or medication received by the animal and appropriate fee. (b) Registration and permits are to be issued for a term of one (1) year, commencing with the date of issuance. Microchip implants may be registered for the life of the animal with the Division of Animal Care and Control. Owners must contact the Division of Animal Care and Control with changes of address or telephone. Failure to keep contact information current may result in the inability of the Division to contact an owner. Animals will be held three (3) business days prior to disposition. The Division of Animal Care and Control will consider the registered microchip and /or tag owner to be the legal owner. (c) Upon issuance, the Division of Animal Care and Control shall issue a registration or permit in written form, which includes the number of the registration or permit and the type of registration or permit. In addition, the Division of Animal Care and Control shall issue a durable tag stamped with registration number to pet registration holders the first time the dog or cat is registered. Additionally, a durable tag will be issued for an animal that has received a microchip implant upon national registration by the pet owner. The Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 35 tag will have a corresponding number to that of the implanted microchip and will display a national, toll free, 24 hour, seven days per week telephone number for the purpose of animal and owner identification. (d) The Division of Animal Care and Control shall maintain records of the identifying registration/ permit number. (e) It shall be unlawful for any owner of any dog or cat to fail to provide any dog or cat over the age of six (6) months with current pet registration as provided in this Section. The owner of any dog or cat, which dog or cat is over the age of three (3) months, must also have in his possession a current rabies vaccination tag showing that such animal has been vaccinated against rabies as otherwise provided in Sec. 5 -75. Any owner of such animal who moves into the city for purposes of establishing a residence or residing or who becomes a resident as result of annexation shall have thirty (30) days in which to obtain the permit required by this Chapter. See. 5-52 Fees In addition to all other fees required by law to be paid, the following fees shall be paid: (a) Pet Registration. For the year 2014, and each year hereinafter, which shall commence on January I and end December 31: 1. Annual - Each altered dog or cat, age 6 months or older - $15.00 2. Annual - Each unaltered dog or cat, age 6 months or older - $30.00 3. Replacement tags - $5.00 4. Late fee applied to renewal more than 30 days past expiration - $5.00 5. Upon a written statement from a licensed veterinarian setting forth that the neutering of the animal shall constitute a threat to the health of that animal, the payment of the permit fee for unaltered animal shall not be required but the animal shall be classified as an altered animal for purposes of permit registration and fees. Registration at the altered tag price under this section will constitute agreement not to breed the animal. Doing so will result in fines. 6. Service animal exemption. A person who is impaired by: a. Blindness or any other visual impairment; b. Deafness or any other aural impairment; c. A physical disability; or d. A medical condition or any other condition governed by the Americans with Disabilities Act (ADA). 7. Senior citizen exemption. Any cat or dog owner 62 years of age or older who owns an altered animal may receive his or her annual registration free of charge. However, if the animal of any such person has not been spayed or neutered, the person who is 62 or more years of age shall pay the same permit fee and be subject to the above pet registration fees and charges as otherwise required for any animal. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 36 (b) Residential and Commercial Kennel /Cattery Permits. All of the following permits must be obtained and will be reissued annually and all tags for animals registered under any permit will be issued with the permit: 1. Residential Kennel /Cattery Permit. a. 0 — 1 Unaltered - will require no special permitting other than city pet registration b. 2 — 3 Unaltered - $300.00 (All tags /individual animal registrations included.) 2. Commercial Kennel /Cattery (Based on declared capacity at business and requires zoning approval) a. 6 - 15 dogs /cats - $150.00 b. 16 - 25 dogs /cats - $200.00 c. 26 or more dogs /cats - $250.00 d. Each animal owned by the permit holder will be individually registered with the city; animals owned by clients of a boarding business will be registered by the permit holder's clients. (c) Grooming Shop Permit. I. Fee-$100 (d) Major Breeder's Permit. 1. Fee - $200 plus any applicable kennel /cattery permit fee. (e) Minor Breeder's Permit. 1. Any owner or person having custody of a dog or cat which has been neutered within ten weeks after giving birth to a litter or who turns the adult dog or cat over to the Division of Animal Care and Control within ten (10) weeks from the birth date of the litter, will be required to purchase a Minor Breeder Permit at the rate of $10.00. 2. Any owner or person having custody of a dog or cat that has delivered a litter, who chooses not to relinquish the animal to the Division of Animal Care and Control and also chooses not to have the animal neutered, will be required to purchase a Minor Breeder Permit at the rate of $100. 3. Plus any applicable kennel /cattery permit fee. (f) Pet Shop Permit. 1. Fee for shop selling animals with the exception of unaltered cats and dogs of any age - $250 2. Fee for shop selling animals including unaltered cats and dogs of any age - $500.00. (g) Circus, Animal Concession, Animal Event, and Commercial Animal Exhibit Permits. 1. Fee-$100 2. Permits are to be issued for a term of one (1) year, commencing with the date of issuance. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 37 3. Prior to engagements, permit holders will furnish the Division of Animal Care and Control with a schedule of dates and times of exhibits or performances so the Division of Animal Care and Control can perform periodic inspections. (h) Omnibus Permit. I. Fee - $300 2. This permit shall allow the holder to operate a kennel or cattery, grooming shop, or a pet shop. 3. The permit holder does not need to obtain individual permits in the aforementioned areas, but all requirements for each of the aforementioned permits shall be met before the Omnibus Permit may be granted. Animals owned as personal pets by the business owner or resident will not be considered registered under this permit. (i) All permits will be issued after inspection approved by the Division of Animal Care and Control, provided all requirements of this Chapter are met. See. 5 -53 Permit Suspension. (a) Whenever an inspection indicates fraud, material misrepresentation or false statements or that the condition of a licensee's premises creates an imminent hazard to the public health or to the health of any animal. in the licensee's care, the Director may immediately suspend the license and impond any animal in the licensee's care until such time that the conditions that caused the hazard are corrected. (b) Upon suspension of any license, all operations related to the license shall cease at once. The Director may cause a "notice of closure" sign to be conspicuously placed upon the suspended licensee's premises. It shall be unlawful for any person to remove a "notice of closure" sign placed on the licensee's premises unless authorized to do so by the Director. Sec. 5 -54 Appeals; Re- Inspections; Denials or Revocation of Permit. (a) Any person who is denied a permit or whose permit is suspended or revoked may appeal the denial, suspension or revocation in accordance with this section within sixty (60) days of the date of the denial, suspension or revocation of the permit. (b) The permit holder may request a re- inspection for permit reinstatement based on compliance or may appeal the SBACC revocation. All requests for appeals must be in writing and addressed to the Animal Control Commission; whereupon, the Commission shall set the appeal for hearing within forty -five (45) days of the receipt of the written request. (c) Upon re- inspection by SBACC following an appeal, a permit reinstatement fee of fifty dollars ($50.00) will be required prior to reopening. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 38 Sec. 5 -55 Redemption of Impounded Animals Seized for Permit Denials, Suspensions, or Revocation. (a) When the re- inspection indicates full compliance that the conditions that caused the denial, suspension or revocation have been corrected, the permit shall be restored and impounded animals that are in the care of SBACC at the time of full compliance may be redeemed. (b) Animals seized will be impounded by SBACC for no less than five (5) business days. After five (5) business days, seized animals will be considered unredeemed unless the SBACC and the licensee whose permit was denied, suspended, or revoked reach an agreement regarding the housing and care of the seized animals for the period in which the licensee is working to correct the conditions that caused the denial, suspension or revocation. (c) Any animal remaining unredeemed after the prescribed holding period shall at once become the property of SBACC. (d) Upon redemption of seized animals, the licensee is responsible for fees associated with the housing and care of the seized animals. Sec. 5 -56 through Sec. 5 -59 Reserved for Future Use. Article 5. Commercial Animal Permit Regulations. Sec. 5 -60 Kennel/Cattery Permit Regulations. (a) Any person owning or harboring more than one unaltered dog or one unaltered cat over the age of six (6) months must apply for a kennel /cattery permit. A resident exceeding one intact animal on the property may apply for a residential kennel permit. Applications will be followed by an inspection prior to issuance of the permit. Permits are valid for one year from date of issue and are the residential kennel permit holder's responsibility to renew. Residential kennel permits require eligibility and may be refused or revoked for cause. a. Initial application eligibility requires no more than three unaltered pets, no outdoor housing in the absence of the owner, suitable exercise space for the breed and number owned, no history of violations with SBACC, and all animals current on vaccinations. b. Cause for revocation may include but is not limited to: animals running at large, substantiated neighborhood nuisance complaints, failure to maintain current permits, breeding without a breeders permit and failing to maintain current rabies vaccine status. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 39 (b) Any person engaging in boarding dogs or cats for compensation must apply for a kennel/ cattery permit. (c) Grandfather Clause. Animals owned or harbored and exceeding the ownership limits of this section at the time of passage of this law may be registered with the Division of Animal Care and Control within 90 days of passage to be exempted from ownership limits. Animals owned or harbored in excess of these limits and not registered within this time frame will not be considered exempt. Sec. 5 -61 Major Breeders Permit. (a) A major breeder's permit shall be obtained by: 1. Any person who intentionally causes the breeding of more than one cat or dog or makes more than one cat or dog available for breeding purposes in a 12 -month period; or 2. Any person who offers for sale, sells, trades, receives other compensation or gives away more than one litter of dogs or cats in a 12 -month period; excepting a litter of dogs or cats taken to the Division of Animal Care and Control. (b) Such person shall: 1. Not allow the birthing of more than one (1) litter per female dog or cat in a 12- month period; and 2. Furnish the Department of Animal Control with information on the birth of each litter of dogs or cats as may be required by Division of Animal Care and Control to register that litter of dogs or cats with Division of Animal Care and Control, and to be assigned a litter number for each litter; and 3. Further be required to register with the Division of Animal Care and Control the name, address, and telephone number of each buyer or new owner of any dog or cat sold or transferred within five days after the date of such sale or transfer; and 4. Transmit to the new owner or buyer the litter number of the animal acquired, and the major breeder's permit number in order that the new owner has assurance and proof that the animal was legally bred; and 5. Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an .animal taken to the Division of Animal Care and Control) against common disease; in the case of dogs, against canine distemper, adeno -virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and panleucopenia; and 6. Not offer a puppy or kitten under the age of ten weeks for sale, trade, other compensation or for free giveaway (except a puppy or kitten or litters of them taken to the Division of Animal Care and Control); and 7. Furnish warrant of health for a period of not less than one (1) week with recommendation to have examined by licensed veterinarian for each animal sold. Sec. 5 -62 Minor Breeders Permit; Sale of Underage Animal Prohibited. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 40 (a) A minor breeder's permit shall be obtained by: 1. Any person who intentionally or accidentally causes the breeding of a cat or dog or makes a cat or dog available for breeding purposes; 2. Any person who offers for sale, sells, trades, receives other compensation or gives away any litters of dogs or cats; excepting a litter of dogs or cats taken to the Division of Animal Care and Control; or 3. Any owner or person having custody of a dog or cat that has delivered a litter or caused the delivery of a litter, who chooses not to relinquish the animal to the Division of Animal Care and Control and also chooses not to have the animal spayed or neutered shall cause the animal to be implanted with a microchip and to register this dog or cat within 30 days of having received notice to accomplish this procedure from the Division of Animal Care and Control. (b) Such person shall: I. Be allowed to breed only one dog or one cat which results in the birthing of a maximum of one (1) litter in a 12 -month period in his or any other domestic household or establishment or any combination thereof, and 2. Not be allowed to offer for sale, sell, trade, receive other compensation or give away more than one (1) litter of dogs or one (1) litter of cats in a 12 -month period; excepting a litter of dogs or cats taken to the Division of Animal Care and Control; and 3. Furnish the Division of Animal Care and Control with information on the birth of each litter of dogs or cats as may be required by the Division of Animal Care and Control to register that litter of dogs or cats with the Division of Animal Care and Control, and to be assigned a litter number for each litter; and 4. Further be required to register with the Division of Animal Care and Control the name, address, and telephone number of each buyer or new owner of any dog or cat sold or transferred within five days after the date of such sale or transfer; and 5. Transmit to the new owner or buyer the litter number of the animal acquired, and the minor breeder's permit number in order that the new owner has assurance and proof that the animal was legally bred; and prohibits the sale of underage puppy or kitten under Section 5 -77. 6. Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an animal taken to the Division of Animal Care and Control) against common disease; in the case of dogs, against canine distemper, Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 41 adeno -virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and panleucopenia; and 7. Not offer a puppy or kitten under the age of ten (10) weeks for sale, trade, other compensation or free giveaway (except a puppy or kitten or litters of them taken to the Division of Animal Care and Control); and 8. Furnish warrant of health for a period of not less than one (1) week with recommendation to have examined by licensed veterinarian for each animal sold. (c) Any owner or person having custody of a dog or cat which has been neutered within ten (10) weeks after giving birth to a litter or who turns the adult dog or cat over to the Division of Animal Care and Control within 10 weeks from the birth date of the litter, will be required to purchase a minor breeder permit at the rate of ten dollars ($10.00). (d) Any owner or person having custody of a dog or cat which has delivered a litter, who chooses not to relinquish said animal to the Division of Animal Care and Control and also chooses not to have the animal neutered, will be required to purchase a minor breeder permit at the rate of one hundred dollars ($100.00) plus any applicable kennel /cattery permit fee. The permit shall be issued provided all requirements of this Chapter are met. Sec. 5 -63 Veterinary Hospitals /Clinics. (a) All animals shall be housed humanely and in a sanitary manner. (b) Veterinarians shall keep records of each animal accepted for treatment, diagnosis or routine health care. (c) Veterinarians who engage in boarding, grooming or other business in addition to the treatment and /or medical care of animals shall obtain a permit as herein provided. Sec. 5 -64 Grooming Shop Permit. (a) Any person who has a grooming shop as defined in this chapter shall obtain a grooming shop permit. (b) A permit holder has the right to request that any dog or cat accepted for grooming be vaccinated against common diseases, and require proof of such vaccinations be furnished to the shop operator. Sec. 5 -65 Pet Shop Permit. (a) Any person operating a pet shop as defined in this Chapter shall obtain a pet shop permit. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 42 (b) The permit holder shall furnish the purchaser a written statement at the time of sale containing the following: 1. Date of sale, 2. Name, address and telephone number of purchaser and permit holder, 3. Permit number of permit holder, 4. Breed, description, approximate age and sex of dog, cat or other animal sold. (Small mammals, parrot -type birds, and fish not included.) 5. Medication and prophylactic immunization and dates administered, 6. Internal parasite medication(s) and date(s) administered, 7. A guarantee of good health for a period of not less than one week with recommendation to have the animal examined by a licensed veterinarian, and 8. The permit holder shall retain a copy of the written statement for twelve (12) months from date of sale. (c) The pet shop permit holder shall be further required to register with the Division of Animal Care and Control the name, address, and telephone number of each buyer or new owner of any dog or cat transferred within five (5) days after the sale or transfer. (d) The Animal Control Officer or County Health Department of St. Joseph County may restrict the sale of any animal suspected of being diseased or otherwise unfit for sale. An examination by a licensed veterinarian may be requested at the expense of the enforcement agency. The Animal Control Officer may seize the animal to ensure and protect the health and safety of any other animals present and /or the public. 1. The permit holder shall reimburse the enforcing agency's veterinary fees if the inspection by the veterinarian concludes the animal to be unfit for sale at the time of inspection. 2. The inspection is to be made by a veterinarian within 24 hours of the enforcing agency's determination that the said animal is not fit for sale. (e) All pet shops herein defined and stores selling animals, birds, reptiles and fish as pets shall take care to house animals in a sanitary manner. Appropriate medical services, care, and housing shall be given according to individual species needs. (f) No puppy or kitten under the age of eight (8) weeks may be offered for sale, trade or other compensation or for free giveaway (except a puppy or kitten, or litter or litters taken to the Division of Animal Care and Control). Sec. 5 -66 Circuses, Animal Concessions and Animal Events. Any person who is responsible for a circus, animal concession or animal event as defined by this Chapter must obtain a circus, animal concession or animal event permit required by Section 4 -22 of the South Bend Municipal Code. Non -profit organizations conducting circuses, animal concessions, and events are required to obtain a permit in order to allow inspection but those permits will be issued as complimentary when non -profit status has been verified. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 43 Sec. 5 -67 Zoological Parks. Zoological parks shall be issued complimentary permits at no fee. Sec. 5 -68 Exceptions for Division of Animal Care and Control and Animal Welfare Organizations. No permit shall be required of the Division of Animal Care and Control or animal welfare organization; however, all other provisions of this Chapter shall apply and such organizations are subject to inspection. Sec. 5 -68 through Sec. 5 -74 Reserved for Future Use. Article 6. Specific Requirements Governing Does and Cats Sec. 5 -75 Rabies Vaccination Required. Cats and dogs over the age of three (3) months must be vaccinated by a licensed veterinarian for rabies. One -year and three -year rabies vaccine may be used as per Indiana Administrative Code. Caretakers must be able to provide proof of vaccination .33 Sec. 5 -76 Dogs or Cats in Heat. Every female dog or cat in heat shall be confined in a secure building or enclosure so as to prevent conception except during instances of planned breeding. Sec. 5 -77 Sale of Puppies and Kittens. A puppy or kitten must be at least ten (10) weeks old and weaned before it may be offered for sale, traded, or given away for other compensation or for giveaway (except a puppy or kitten or litter or litters may be surrendered to the Division of Animal Care and Control). See. 5 -78 through Sec. 5 -85 Reserved for Future Use. Article 7. Animal Euthanasia Sec. 5 -86 Euthanizing Animals. (a) All animals impounded by South Bend Animal Care and Control, a public or private sheltering agency or rescue group shall be killed, only when necessary and consistent " Indiana Code § 15- 17 -3 -21 authorizes the Indiana State Board of Animal Health to enact rules. Rule 5 addresses `Rabies Immunization" and is codified at 345 Indiana Administrative Code 1 -5 -1. Required Rabies Vaccination of Dogs, Cats and Ferrets" is codified at 345 Indiana Administraiive Code 1 -5 -2. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 44 with the requirements of this Article, by lethal intravenous injection of sodium pentobarbital, except as follows: 1. intraperitoneal injections may be used only under the direction of a licensed veterinarian, and only when intravenous injection is not possible for infant animals, companion animals other than cats and dogs, or in comatose animals with depressed vascular function. 2. intracardiac injections may be used only when intravenous injection is not possible for animals who are completely unconscious or comatose, and then only under the direction of a veterinarian. (b) No person other than a duly authorized agent of the Division of Animal Care and Control may destroy any domestic animal within the city limits; provided, however, this provision shall not apply to the following: 1. A licensed veterinarian, 2. A veterinary staff member under the direct supervision of a veterinarian, 3. Those persons acting in immediate self- protection. (c) The Division of Animal Care and Control, other animal shelters, and/or public animal facilities which destroy animals in the city, shall use only sodium pentobarbital or a derivative substance for said purpose. (d) The duly authorized animal control agent(s) must be trained in humane procedures by a licensed veterinarian or a registered veterinary technician and shall perform the animal euthanization in a humane manner as specified by the AVMA's Guidelines for Euthanasia. Said person(s) must have letter from a licensed veterinarian citing their competency in humane euthanasia procedures and must be evaluated by a licensed veterinarian on a yearly basis, with such required documentation being kept on file and open for public inspection. (e) No animal's body shall be disposed of until all vital signs are checked (fixed pupil, cessation of heartbeat and respiration) to assure that death has occurred. 1. No animal shall be allowed to witness any other animal being killed or being tranquilized /sedated for the purpose of being killed or see the bodies of animals which have already been killed. 2. Animals shall be sedated/tranquilized as necessary to minimize their stress or discomfort, or in the case of vicious animals, to ensure staff safety, except as follows: a. neuromuscular blocking agents shall not be used as sole agent. 3. Following their injection, animals shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support. 4. An animal may not be left unattended between the time procedures to kill the animal are commenced and the time death occurs, nor may the body be disposed of until death is verified. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 45 5. Verification of death shall be confirmed for each animal in all of the following ways: a. by lack of heartbeat, verified by a stethoscope; b. by lack of respiration, verified by observation; c. by pale, bluish gums and tongue, verified by observation; and d. by lack of eye response, verified if lid does not blink when eye is touched and pupil remains dilated when a light is shined on it. Sec. 5 -87 through Sec. 5 -89 Reserved for Future Use. Article 8. Administration and Enforcement Division I. Shelter Manager. Sec. 5 -90 Duties of Shelter Manager. (a) The Division of Animal Care and Control shall be operated by the Shelter Manager. (b) The Shelter Manager will be advised on matters of policy by the Animal Control Commission. (c) The duties and powers of the Shelter Manager are as follows: 1. To cause to be enforced all city ordinances and /or state laws regarding animal care and control. 2. To maintain and operate the Division of Animal Care and Control's shelter which have been designated for the humane sheltering or protection and disposition of animals into its custody. 3. To purchase all necessary materials for the proper and efficient performances of the services and work required of the shelter consistent with the city's established purchasing procedures. 4. To cause to be picked up and transported to SBACC all unwanted animals, all animals illegally at large, and all sick, diseased, injured, lost, strayed, stolen or abandoned animals. Those animals whose owners request be euthanized may be surrender the animal to SBACC. The Shelter Manager shall determine if the animal can be saved. In addition, any animal whose illness would pose a health hazard to other animals or is injured so that it cannot rest comfortably for a minimum of three business days may be destroyed immediately as so authorized by the Shelter Manager or his/her authorized agent. If a possible owner is identified, the agencies shall undertake reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal. These efforts shall include, but are not limited to, notifying the possible owner by telephone, mail, and personal service to the last Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 46 known address. Upon the owner's or caretaker's initiation of recovery procedures, the agencies shall retain custody of the animal for 5 business days to allow for completion of the recovery process. All other animals shall be kept at said shelter or place designated by said shelter for a period of not less than three (3) business days to afford owners the opportunity to claim the animal. After such period of time, unclaimed animals shall be placed in a suitable home, retained at the shelter or released to an accepted rescue organization or euthanized. Animals released to the shelter by their owners, or impounded animals not claimed within the legal time become the property of the shelter and disposition may be made in accordance with the criteria outline in this chapter. SBACC shall not ban, bar, limit or otherwise obstruct the adoption or transfer of any animal based on breed, breed mix, age, color appearance or size. 5. To ensure that no savable animal at South Bend Animal Care and Control shall be euthanized simply because the holding period has expired. Before an animal is killed, To ensure that no savable animal at South Bend Animal Care and Control shall be euthanized all of the following conditions must be met: a. there are no empty cages, kennels, or other living environments in the appropriate area of the shelter, keeping in mind the overall health and wellbeing of the animals in SBACC's care; b. the animal cannot share a cage or kennel with another animal; c. a foster home is not available; d. not - for -profit animal rescue organizations are not willing to accept the animal; e. the animal is not an ear tipped community cat that has been spayed /neutered and vaccinated as described in Section 5 -32 of this Chapter or the animal is not a free roaming cat subject to sterilization and release into an accepted program; f. all mandates, programs and services of the Act have been met; and g. the director of the agency certifies he or she has no other alternative. 6. SBACC shall take appropriate action to ensure that all animals are checked for all currently acceptable methods of identification, including microchips, identification tags, and licenses. SBACC shall maintain continuously updated lists of animals reported lost, and match these lost reports with animals reported found and animals in the shelter. If a possible owner is identified, the agencies shall undertake reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal. These efforts shall include, but are not limited to, notifying the possible owner by telephone, mail, and personal service to the last known address. Upon the owner's or caretaker's initiation of recovery procedures, the agencies shall retain custody of the animal for a reasonable period of time to allow for completion of the recovery process. Efforts to locate or contact an owner or caretaker, and communications with persons claiming to be owners or caretakers, shall be Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 47 recorded and be made available for public inspection for no less than three (3) years by submitting a completed Public Records (APRA) Request .34 7. To direct Animal Control Officers proceed upon public and private property in accordance with the above criteria, in pursuit of animals believed to be in violation of this Chapter. However, this authority does not extend to a privately owned structure or enclosure without the consent of the owner, lessee or other occupant in control of the premises or without other legal process or authority. Any animal pursued under this section may be confiscated and held by the Division of Animal Care and Control according to its rules and regulations. If an animal is confiscated without the knowledge or consent of the owner or occupant of the premises, a notice shall promptly be affixed to said premises in an obvious location, directing the occupant to contact the Division of Animal Care and Control providing the address and telephone number of same on said notice. 8. To cause to be investigated all reports and complaints that are significant concerning any inhumane treatment or negligent practices pertaining to animals and to submit a written, report that includes the disposition of the complaint and condition of the animal to be reviewed by the Animal Control Commission. To cause to be impounded at the Division of Animal Care and Control or suitable places designated by the Division of Animal Care and Control all animals found in conditions adverse to their health and safety. 9. To enter into contract with any municipalities or governmental units or any person, association or corporation for the collection, transportation, sheltering and disposal by said shelter for sick, diseased, injured, illegally at large, lost, strayed or abandoned animals provided that no such services be extended by said shelter outside the city, except under written contract with the unit, person, association or corporation concerned and at a charge based upon the actual cost of such services, including overhead; provided that no such contract shall be effective except upon the approval of city attorney or a duly designated associate, as to form and legality, the approval of the Mayor, and the ratification by the Common Council evidenced by adoption of a resolution. 10. To employ all personnel necessary for the efficient performance of the duties required of said shelter. And require certification of all Animal Control Officers as per state recommendations. 11. To prepare and submit after review and comments of the Animal Control Commission to the Common Council through the City Controller, an annual budget, for its financing of its operations and performance of its duties. 12. To submit to the Mayor and to the Common Council, no later than January 30 of each year, a report of its activities and operation for the prior year. 34 Indiana Code § 5- 14 -3 -1 through Indiana Code § 5- 14 -3 -10 sets for Indiana's "Access to Public Records" state law. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 48 13. To establish reasonable fees to be charged to persons reclaiming and adopting animals, and to collect such fees, such fees to be adopted only after approval by Director and submission to the Mayor and Common Council for approval and adoption. 14. To prepare for the Animal Control Commission quarterly reports on performance, operation and intake /outtake metrics including adoption, rescue transfer and euthanasia and any other statistics that the Animal Control Commission may request. 15. To provide that all dogs and /or cats released for adoption shall be spayed or neutered, implanted with an electronic microchip, and provisions made for a program to monitor said spay /neuter and microchip plan. 16. Any violations of the animal adoption contract shall result in impoundment of the animal. Return of the animal to the adopter will be at the discretion of the Division of Animal Care and Control. 17. Shall adopt rules and regulations as may be necessary or appropriate in its judgment to carry out the provisions of the ordinances and laws under which it exists and performs its functions, including Standard Operating Procedures (SOP) for the internal operations of the Division of Animal Care and Control. Sec. 5 -91 Through Sec. 5 -94 Reserved for Future Use. Division II. Animal Control Commission See. 5 -95 Animal Control Commission Established; Membership. (a) A five - member Animal Control Commission is established. (b) Members shall be appointed to serve a three -year term, with terms to be staggered. No limit shall be set on number of terms a Commissioner can serve. All members to serve without compensation. (c) Two (2) of the Commission members shall be appointed by the Mayor. The three (3) remaining members of the Commission shall be appointed by the Common Council. At the outset, the Mayor shall appoint one (1) person to serve two (2) years, and one (1) person to serve three (3) years. The Common Council shall appoint one (1) person to serve two (2) years, and one (1) person to serve three (3) years. At least one (1) member appointed by the Common Council of this Commission must be a licensed veterinarian. This selection shall not be based on political affiliations, but on interest in animal care and control and knowledge of same. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 49 (d) The members of the Commission shall serve at the pleasure of the appointing authority and each member shall serve until a qualified successor is duly appoint. Sec. 5 -96 Officers; Meetings and Meeting Minutes of the Animal Control Commission. (a) The first meeting of the Commission shall be commission must meet for the first time withi n this Chapter. The Commission shall elect a among its members. convened by the Shelter Manager. The thirty (30) days of the effective date of Chair, Vice - Chair, and a Secretary from (b) The Commission shall meet at least once each quarter, or upon special call by the Chair, or upon the written request to the Chair by any three (3) members.35 (c) Three (3) members of the Animal Control Commission shall constitute a quorum to do business. (d) Copies of all Animal Control Commission agendas shall be electronically sent to the Law Department, Division of Animal Care and Control, Office of the City Clerk, and the Chairpersons of the Council's Health and Public Safety Committee and Residential Neighborhoods Committee. (e) Meeting minutes of all Animal Control Commission meetings shall be maintained and regularly posted on the City's website for the Division of Animal Care and Control with electronic copies being sent to the Shelter Manager, the Law Department, Office of the City Clerk, and the Chairpersons of the Council's Health and Public Safety Committee and Residential Neighborhoods Committee. (f) In the case of vacancy in Commission membership due to death, resignation, incapacity, removal or otherwise, the appointment to fill the vacancy so occurring shall be made by the original appointing body for the unexpired term only. Sec. 5 -97 Duties and Responsibilities of the Animal Control Commission. The Animal Control Commission shall have the following duties and responsibilities: (a) To receive and review recommendations made by the Shelter Manager; (b) To recommend proposed policies, principles, standards and regulations for the control and humane treatment of all animal regulated by this Chapter; (c) To review and make advisory recommendations aimed at improving regulations and enforcement of the regulations codified into this Chapter to the Common Council; 35 The Indiana Open Door Law requiring a minimum of 48 -hour notice applies to all meetings of the Animal Control Commission pursuant to Indiana Code § 5- 14- 1.5 -5. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 50 (d) To submit to the Mayor and the Common Council no later than March I" of each year a written report of its activities and recommendations; (e) To receive complaints regarding alleged animal control violations; (f) To hear appeals within ten (10) working days (excluding holidays and weekends) of any appeal being filed on the determination of: 1. An animal being deemed a "dangerous animal "; and /or 2. A person or persons alleged to have "provoked" an animal resulting in a violation of this Chapter. (g) Such determinations shall be reduced to writing with the original of the same being maintained by the City and copies being sent to the person or persons filing an appeal, with copies also being maintained in the Division of Animal Care and Control. Electronic notification of such determinations shall be sent to all Animal Control Officers and the South Bend Police Department. Sec. 5 -98 through Sec. 5 -104 Reserved for Future Use. Division III. Implementation and Enforcement Sec. 5 -105 Interfering With Enforcement. No person shall interfere with an Animal Control Officer in the pursuit of his/her duties as an officer. Sec. 5 -106 Impoundment. (a) Animals found in cruel, abusive or neglectful situations, animals trained, bred or kept for the purpose of animal fighting, animals considered dangerous, animals abandoned as a result of owner arrest, or animals that have been abandoned may be promptly seized, provided, however, that the Animal Control Officer shall leave written notice. (b) Animals so removed will be impounded and held at the Division of Animal Care and Control or a designated facility, provided, however, that in no event shall this period exceed five (5) calendar days, at which time the animal shall become the property of the Department of Animal Control. An animal may be held longer if an extension is necessary for the Animal Control Officer to have ample time to prepare a court case if prosecution is warranted, or a request for a bond has been filed as provided in paragraph (e) of this Section. In the case of animals impounded for quarantine at the Division of Animal Care and Control, the animal will become the property of the Division if not claimed by closing time of the Division on the eleventh (11`h) day of the quarantine. Owners requesting quarantine but failing to claim animals at the end of the quarantine period will be responsible for all medical, quarantine, and euthanasia fees. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 51 (c) Animals impounded for reasons of tragedy beyond the control of the owner, such as but not limited to house fire or death of the owner, will be held for seven (7) calendar days during which time a reasonable effort will be made to contact the owner and /or their representative to make reclaim or alternative housing arrangements. After the seventh (7th) day of impoundment, the animals will become the property of the Division of Animal Care and Control. (d) Animals awaiting disposition by the courts shall remain in the custody of the Division of Animal Care and Control, unless such disposition is made, or placed in a foster home until legal arrangements have been completed. (e) Pursuant to impoundment of an animal under paragraph (a) of this Section, the Division of Animal Care and Control may file a petition with the court requesting that the owner or custodian of the animal post a bond to cover the costs of care of the animal while it is in the custody of the Division. 1. This petition shall be accompanied by an affidavit or statement of the Division that sets forth an estimate of the reasonable expenses that the department expects to incur providing for that care. Reasonable expenses include but are not limited to the estimated cost of veterinary care, food and board for the animal. The owner or custodian of the animal shall be provided written notice of the petition by personal service or certified mail. Any such mail shall be sent to the last known residence, or, if this address is not known, such notice shall be sent to the address from which the animal was seized. Refusal to accept certified mail or failure to receive mail due to other delays will not negate this Section. 2. The court or hearing body to which the petition is filed shall hold a hearing on the petition. At the hearing, the Division has the burden of proving that there is probable cause to find that the animal was the subject of a violation as listed under paragraph (a) of this Section. If the court finds that probable cause exists, the court shall order the owner or custodian of the animal to post a bond to cover the cost of the care of the animal for a minimum of thirty (30) days. a. Bond must be posted within a maximum of three (3) business days following the bond hearing judgment. If bond has not been posted within the allotted three (3) business days, the animal shall immediately become the property of the Division of Animal Care and Control. b. Bond must be posted at the Division of Animal Care and Control in cash or certified funds only. The bond shall be deposited into the budget for the Division of Animal Care and Control, in a subaccount specific for each case. The department may draw on this account to cover the actual expenses incurred in the care of theanimal. c. If, at the end of thirty (30) days, the matter for holding said animal(s) has not been adjudicated, another bond must be posted. The renewal bond Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 52 must be paid no later than the close of business on the thirtieth (30th) day. If the thirtieth (30th) day should fall on a weekend or holiday, the bond must be posted by the close of business on the last regular business day prior to the weekend or holiday. The bond must be renewed every 30 days thereafter until the matter is adjudicated by the court or hearing body having jurisdiction. Failure to repost bond at the end of any 30 -day period will be considered voluntary relinquishment of the animal(s). d. Upon conviction of the accused, the court or hearing body, at its discretion may order any remaining bond money and /or the animal(s) forfeited to the Division of Animal Care and Control. e. In the event of the acquittal or final discharge, without conviction of the accused, the court shall direct the delivery of the animal(s) and any bond posted, less any reasonable medical, housing and administrative costs. 3. The bond is intended to cover but not be limited to housing and feeding, emergency medical care, immunizations and routine medical care. Animals displaying signs of illness or injury at the time of impound will be treated immediately at the expense of the owner or custodian. Animals that have not been inoculated for or are not current on inoculations for ailments common to its species will be inoculated at the expense of the owner or custodian. Any animal displaying symptoms of illness or injury which, in the opinion of a licensed veterinarian, would cause undue suffering to that animal or pose a substantial health risk to other animals in the shelter shall be humanely euthanized immediately. 4. This Section applies to any and all animals housed at the South Bend Division of Animal Care and Control Shelter, or under the direction of the South Bend Division of Animal Care and Control at a remote facility, irrespective of the agency that seized the animals. 5. Animals so removed may be transported to a licensed veterinarian for examination and /or treatment. If, in the opinion of said veterinarian, the animal must be destroyed, euthanasia will be performed immediately. Costs of treatment, euthanasia, and /or care shall be the responsibility of the owner /agent. Sec. 5 -107 Notice to Owner. (a) Upon the impoundment of an animal, a reasonable attempt shall be made to notify and inform the owner of the animal of the requirements of this Article for regaining the custody of the animal. (b) Such attempt shall include, but not necessarily be limited to, the following: Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 53 1. In the instance of an impounded dog or cat, contact with the owner identified by the microchip or other permanent means of identification, if any, borne by the dog or cat; 2. In the instance of an impounded dog or cat not bearing a permanent means of identification, contact with the veterinarian facility listed on the animal's vaccination tag; and 3. Cooperation of effort with other governmental and private agencies, such as the Humane Society of St. Joseph County or other humane and/or breed rescue organizations recognized by the animal care and control division. (c) Any ear tipped community cat that has been spayed /neutered and vaccinated as described in Section 5 -32 of this Chapter will be returned to a colony caretaker who will maintain the cat as part of a managed colony of community cats. Cat must be returned as close as possible to its location of capture unless illness or injury presents imminent danger to the animal.be processed through the community cat program. Sec. 5-108 Redemption. (a) A person may reclaim an animal in the custody of the Division of Animal Care and Control upon providing the following: 1. Proof of ownership, and 2. Payment of redemption fee and any other service /medical fees, as approved by the Shelter Manager. 3. It shall be mandatory that any dog or cat not displaying a current city pet registration or current identification tag if not a city resident, affixed to its collar, after the effective date of this Chapter, upon its redemption by its owner, and prior to its release by the Division of Animal Care and Control, be implanted with a microchip and registered for purposes of identification and recovery. The cost for this process shall be at the owner's expense before the animal's release. 4. All animals shall be registered with the city prior to release, or require enforcement action to mandate registration. (b) Stray or at -large animals will be held three business days at the Division of Animal Care and Control. (c) Unclaimed animals become the property of the Division of Animal Care and Control and may be placed for adoption, transferred to rescue or humanely euthanized, pursuant to Sec. 5 -106. (d) An animal that has been previously impounded stray or at -large and is now being redeemed for the second or subsequent redemption, will be required to be spayed or neutered by a licensed veterinarian at the owner's expense. Arrangements to perform the Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 54 procedure must be made within 24 hours of reclaim and enforcement action pending spay /neuter completion will be issued at the time of reclaim. (e) In cases mandating spaying or neutering of a dog the dog may be transported directly to the veterinarian of the owner's choice at the city's discretion for completion of the surgery and pickup of the animal by the owner from the veterinarian after such completion. See. 5 -109 Inspections and Entry on Property. (a) Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty ipiposed by this Chapter or when there is reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Chapter or state law, the Animal Control Officer or Health Officer or police officer is authorized at all reasonable times to inspect the same for compliance with the provisions of this Chapter or any state law; provided that: If the property is occupied, the officer shall first present proper credentials to the occupant and request entry, explaining the reasons therefor; and If the property is unoccupied, the officer shall make a reasonable effort to locate the owner or other persons having control of the property and request entry explaining the reasons therefor. (b) In the event the Animal Control Officer, County Health Officer of his or her designee or police officer has reasonable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry, explaining the reasons therefor. If entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after reasonable search, the officer shall have recourse to secure lawful entry and inspection of the property via a warrant issued by a judge in good standing. See. 5 -110 Disposition of Fees, Donations and Bequests (a) All money generated, received or collected as the result of payment of fees required by this Chapter shall be deposited into the Division of Animal Care and Control budget. (b)All money received by the Division of Animal Care and Control through donations, gifts, bequests or devises shall be payable to the City Controller and deposited into the appropriate fund. The expenditure of funds fund shall be subject to all state and local appropriation and purchasing requirements. (c) All money generated, received or collected in response to the Division's special fund- raising projects shall be payable to the Division of Animal Care and Control and shall be deposited into the appropriate fund and shall be used in a manner consistent with the announced purpose of any special fund- raising event or project. No expenditure may be made from these funds unless first approved by the Shelter Manager. The expenditure of funds from the dedicated Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 55 animal control special projects fund shall be subject to all state and local appropriation and purchasing requirements Sec. 5 -111 Penalties. (a) Violators shall be fined as follows: Any person violating any of the provisions of this chapter shall be fined for each offense, in any sum not less than $50 nor more than $2,500 and each day's violation shall constitute a separate offense. (b) Upon finding of violations of this Chapter, the City may seek injunctive relief through the court which may order relinquishment of an animal(s) deemed to be a public safety risk and /or a repetitive public nuisance that has not been abated or an animal that is a victim of cruelty, neglect, or abandonment, to the Division of Animal Care and Control for disposition. (c) In the event that an animal is retained at the Division of Animal Care and Control because its owner or harborer has been in violation of this Chapter, the person redeeming the animal by paying the prescribed fees shall also be required to pay the costs incurred by at the Division of Animal Care and Control for impoundment and caring for including but not limited to: 1. surgeries, 2. vaccines, 3. x -rays, 4. medications, exams, lab work, 5. boarding, 6. rescue equipment, and/or 7. perishable personal protection equipment. (b) Violations of this Chapter may result in immediate impoundment of animal(s). (c) Violation of any provision of this Chapter may result in revocation of any permit(s) and may require a re- inspection prior to reinstatement upon approval. (d) Upon finding an owner or harborer guilty of violations for this Chapter, the court may order restitution including but not limited to: 1. human medical bills, 2. victim veterinary and /or medical bills, 3. replacement cost of animal, 4. property damage, 5. lost wages, and/or 6. counseling or psychological treatment obtained by victim directly related to violation incident. Sec. 5 -112 Through Sec. 5 -119 Reserved for Future Use. Article 9. Rental Horses. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 56 See. 5-120 Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (a) Carriage Horse. Any horse or pony which is used by its owner or any other person to pull any vehicle, carriage, sled, sleigh or other device in exchange for a fee. A horse rented or leased by its owner to another for any of the foregoing purposes shall be deemed to be a carriage horse for the purposes of this subchapter. (b) Rental Horse Business. A business enterprise which operates a horse drawn vehicle for hire such as a horse drawn cab, or offers the use of a horse to the public for a fee for the purpose of riding or pulling a horse drawn vehicle. (c) Stable. Any place, establishment or facility where one or more rental horses are housed, boarded for a fee, or maintained. (d) Work. A horse is considered to be at work when it is out of its stable and presented to the public as being available for riding, pulling carriages, vehicles or other device, or when it is saddled or in harness. See. 5 -121 Permits and Administration. (a) It shall constitute a violation of this subchapter for any person or corporation to use or offer for use a horse in a rental horse business without a license issued pursuant to the regulations and conditions set out hereinafter. No owner or operator of a rental horse business shall permit a carriage driver to operate without a valid chauffeur or operator's permit to drive. (b) Licenses shall be issued for a term of one year and shall be renewed annually. (c) An application for a license or renewal of a license shall be made to the Department of Animal Control. Applications for renewal must be submitted no later than ten business days prior to expiration of the current license. All such applications shall contain the name and address of the owner of the horse and the rental horse business in which such horse is to be used. The horse shall be identified by breed, age, sex, color, markings, and the location of the stables where the horse is to be kept, recorded on a veterinary certificate provided by the South Bend Department of Animal Control. No license shall be transferable. Upon the transfer of ownership or use of any horse to a new owner or operator shall obtain a new license for such horse within 30 days of the transfer date. (d) The annual fee per working animal license or renewal shall be $100 for carnage horses and $10 for riding horses, and shall be paid upon submission of an application to the Department of Animal Control. (e) Each horse licensed for use pursuant to these regulations shall be assigned an official identification number unique to that horse during the duration of its use by the rental horse business. (f) An owner or operator of a rental horse business shall keep an accurate daily record of the movement of each licensed horse including driver's name, horse's identification number, vehicle license plate number, time of leaving stable and time of return to stable. Such records shall be kept on the premises of the stable where rental horses are kept or maintained and shall be made available to the Department of Animal Control upon request. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 57 (g) An owner or operator of a rental horse business shall make the stable in which horses used in the rental business are kept open for inspection at all reasonable time by authorized personnel of the Department of Animal Control to enforce the provisions of this subchapter. Sec. 5 -122 Housing/Stable Premises. (a) Walls and ceilings. Walls and ceilings shall be kept clean, in good repair, and free of physical hazards at all times. Stall walls shall be constructed of a safe and secure material, with boarding set beginning at ground level and close enough to prevent the "casting" of a horse. (b) Floors. Floors shall be level and free of holes or openings, and shall provide proper drainage. No horse shall be stabled on a concrete floor without adequate cushioning. (c) Storage areas. Feed shall be kept in storage areas constructed to permit extermination treatment in order to be made rodent and insect proof. Feed storage area shall allow no harborage and be kept vermin free. Storage of feed concentrates shall be in an area inaccessible to the horses. (d) Ventilation. Adequate ventilation shall be maintained, but rental horses shall not be unnecessarily exposed to drafts in stables during cold weather. All stable areas shall be adequately lighted by natural or artificial means so as to permit effective and safe activities through day and night. (e) General sanitation. All interior areas of stable and all exterior areas surrounding a stable shall be kept clean, properly drained and free of nuisances including, but not limited to, odors and accumulation of refuse or excrement. Manure accumulations shall be removed from the premises weekly to prevent rodent and vermin activity. (f) Stalls. Each stall shall house only one horse or pony. Stalls shall be attended to daily ensuring clean and dry sufficient bedding of straw, shavings or other suitable material which shall be changed as often as necessary to maintain them. The ceiling and shortest wall of the stall shall measure three feet greater than the height of the horse at the withers. Sec. 5 -123 Regulations. (a) Horses shall not be left untethered or unattended except when confined in a stable or other enclosure. (b) While at work, rental horses shall be allowed to drink. However, a rental horse shall not be allowed to drink in large quantities unless it is first rested. Water shall be offered at frequent periods throughout the day or in the case of horses not at work, water shall be available at all times. Troughs shall be cleaned daily. Sufficient nutritional foods and water shall be provided free of dust, mold, vermin and other contaminants. Rental horses shall be fed at least twice daily with the larger feeding being provided after the horse has completed work. (c) Certified weights of all horses and horse drawn vehicles shall be registered with the Department of Animal Control annually. At the discretion of the Department of Animal Control, when supported by the opinion of a consulting veterinarian, a rental horse within a business may be restricted in regard to pulling/riding capacity, based on individual characteristics and abilities. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 58 (d) No rental horse shall be at work for more than eight hours a day. There shall be a rest period of 15 minutes for every two working hours. During such rest periods, the person in charge of such horse shall make fresh water available to the horse. (e) Rental horses shall not be worked in temperatures below -0 F., with wind chill factor applied. At no time shall a rental horse be at work when the sum of the relative humidity and ambient temperature exceeds 100 °. For the purposes of this subdivision, temperatures shall be those measured "downtown" and broadcast by the local radio stations. An operator of a rental horse already at work at the time the temperatures reach the above described conditions shall return the passengers to the point of loading and rest the horse in sheltered conditions. Thereafter, such horses may be worked only when the weather conditions once again reach acceptable limits. (f) Rental horses shall not work on a public highway, street or path during adverse weather or other conditions which are a threat to the health or safety of the horse or the public. Adverse weather conditions may include but shall not be restricted to snow, ice, heavy rain, slippery conditions or excessive heat. (g) Carriage companies shall equip all carriages/horses with a manure catching device for use at all times while working. (h) No horse -drawn carriage shall be driven at a speed faster than a trot at any time. All such carriages shall adhere to state law on slow moving vehicles. No horse drawn carriage shall be operated between the hours of 7:00 a.m. through 9:30 a.m. and 3:30 p.m. through 6:00 p.m., Monday through Friday. (i) It shall be the responsibility of the owner /operator of a rental horse drawn carriage to ensure there is a slow moving vehicle emblem displayed on each carriage, whenever the carriage is moved, operated, or driven. The triangular slow moving vehicle emblem will be mounted as near as is practicable to the center of mass and at an approximate height of not less than three and not more than five feet from level ground or surface. The emblem shall be mounted so as to be entirely visible from the rear, day or night. (j) It shall be the responsibility of the owner /operator of a rental horse drawn carriage to ensure there are flashing lamps mounted and in use whenever the carriage is moved, operated, or driven 1 hour before sunrise and I hour after sunset. A red or an amber flashing lamp will be mounted at a height as low as practicable that is visible from a distance of not less than five hundred feet to the rear. Also, a double -faced flashing lamp may be used, displaying amber light to the front and red or amber light to the rear. (k) Every horse whose use requires a license hereunder shall be examined by a veterinarian prior to its use in a rental horse business, and thereafter at intervals of not less than once a year. The horse shall be examined and treated for internal parasites. Its general physical condition shall be evaluated, which examination shall include but not be limited to, inspection of teeth, hooves, and shoes, and for its physical ability to perform the work or duties required of it. The examination shall also include a record of any injury, disease, or deficiency observed by the veterinarian at the time, together with any prescription or professional recommendation regarding humane correction or disposition of the same. An Indiana health certificate containing the above information and signed by the examining veterinarian shall be maintained at the stable premises at which such horse is located, and shall contain the identification number, age and condition of the horse. With a copy on file with SBACC. Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 59 (1) The rental horse business shall take immediate action to obtain veterinary treatment, care and attention when any horse is or becomes sick, diseased, lame or injured. If a horse dies while at work or in the stable area, or is involved in an accident resulting in an injury to a horse, the Department of Animal Control shall be notified immediately. (m) A horse covered by this subchapter which is or becomes lame or suffers from a physical condition or illness making it unsuitable for work shall be removed from work by the rental horse business or may be ordered removed from work by the Department of Animal Control. In the event of a dispute regarding such physical condition or illness, the Department may require that a rental horse be examined by a veterinarian in order to determine its ability to safely work as a rental horse. The cost of any such examination shall be borne solely by the rental horse company. A horse which has been removed from work under this division shall not be returned to work until it has recovered from the condition which caused removal from work, or until such condition has improved sufficiently that its return to work will not aggravate the condition or otherwise endanger the health of the horse. A violation of this section shall be presumed if a horse is found at work in a sick or disabled condition within 48 hours after its removal from work for the same condition which caused such removal. Such presumption may be rebutted by offering a written statement from a veterinarian who examined the horse after the time of removal from work but prior to its return to work, which statement sets out the veterinarian's professional evaluation of the condition and his/her opinion that it was suitable for the horse to return to work prior the expiration of the 48 -hour period. This statement shall be carried with the horse during the presumed 48 -hour recovery period, and provided to the Department of Animal Control upon request. (n) Saddles, blankets, harnesses, bridles and bits and all other equipment shall be properly fitted to each horse and kept in good repair. (o) Horses shall be kept clean while at work and in the stable. Horses shall be trimmed and shod a minimum of once every six weeks or sooner if necessary. Sec. 5 -124 Excepted From Coverage. Rental horse business as defined in See. 5 -120 are excepted from coverage under See. 5 -66 and are governed solely by the licensing provisions of this subchapter. Attest: City Clerk Valerie Schey, Member of the Common ;Council Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . M. City Clerk Approved and signed by me on the day of 2 at o'clock M. 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana if -1 d In GI®rkc's o$ y. IN Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey 'Ihird District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov February 16, 2014 Council Vice President Derek Dieter, Committee Chairman Health and Public Safety Committee South Bend Common Council County / City Building South Bend, IN 46601 Dear Committee Chairman Dieter, I am delighted to present to you a significant update to our City's municipal code. In seeking excellence in all that we do, it is imperative that we routinely evaluate our City's policies, protocols and programs to ensure the highest level of service as well as the adoption and implementation of evidence based best practices. Recognizing that an estimated 67% of our City's residents are pet owners, policies governing animal care and control are a concern for a majority of our residents. As such, a special committee of the South Bend Common Council was formed last March to conduct a thoughtful and through evaluation of Chapter 5 of our municipal code. After 11 months, countless meetings and hundreds of hours, the members of the South Bend Animal Care and Control Special Committee (SBAC3) are pleased to submit for your consideration a new Chapter 5 entitled, "Responsible Animal and Pet Ownership Care and Control Regulations." There were three guiding principles directing the work of the SBAC3 Committee. First was the question, "Have our current ordinances made our community safer ?" Second was the question, "Have our ordinance improved the quality of life in our neighborhoods ?" Finally, the committee asked, "Are there opportunities for improvement of our current ordinance ?" To address these questions, the SBAC3 Committee reviewed local policy and outcome data relative to other cities across the state and nation. Upon examination, the committee found a number of policy models that, if adopted, could serve our City's residents well in terms of improved public safety, improved quality of life and higher standards for the enforcement of animal care and control laws. I believe this new ordinance furthers our goal of making South Bend a 21 st Century City and is important in many ways, such as: • It enhances community safety by empowering Animal Control officers and strengthens the punishment for repeat offenders. • It is fiscally responsible - • It helps reduce the financial burden of animals on the city and residents • It supports local small businesses by emphasizing veterinary care, spay /neuter, and responsible care of animals • It reduces the city's financial & legal liability if our current laws are challenged in court - Many statutes very similar to our current code have been declared unconstitutional and cities have spent hundreds of thousands of dollars in legal fees. • It improves the lives of animals in our shelters and in our community. • It is more humane and up to date. I strongly support these new changes, and I hope that you will, too. The SBAC3 committee, has worked diligently to provide the Council an ordinance that will serve both the community residents and our animals. Please know that I and all SBAC3 Committee Members stand readily available to answer any questions that you may have on this ordinance. I can be reached at (574) 210 - 9623. ,Si erely, V bad Valerie Schey South Bend City Council, Third District Enclosures (13) Cc: South Bend City Council Council Attorney South Bend City Clerk Mayor Buttigieg Corporate Counsel Shubhada Kambli, Director of Code Enforcement Matt Harmon, SBACC Shelter Manager Brad Block, SBACC Senior Animal Control Officer SBAC3 Committee Members Media i FEB i 4 2�iq 521 ECLIPSE PLACE SOUTH BEND, INDIANA 46628 PHONE 574/235 -9303 FAX 574/235 -7611 CITY OF SOUTH BEND PETE BUTPIGIEG, MAYOR DEPARTMENT OF CODE ENFORCE, MENT DIVISION OF ANIMAL CONTROL SHUBHADA KAbIBLI DIRECTOR FEBRUARY 13,2014 HONORABLE VALERIE SCHEY SOUTH BEND COMMON COUNCIL THIRD DISTRICT COUNTY -CITY BUILDING SOUTH BEND, IN 46601 COUNCILPERSON SCHEY: WE HAVE HAD THE OPPORTUNITY TO REVIEW THE PROPOSED CHANGES TO THE SOUTH BEND MUNICIPAL, CODE, CHAPTER 5, REGARDING ANIMAL CARE AND CONTROL. AT THIS TIME, WE ARE IN FULL SUPPORT OF PASSAGE OF THIS NE \V CHAPTER. THIS CHAPTER WILL IMPROVE AND STRENGTHEN ENFORCEMENT CAPABILITIES OF OUR DIVISION, INCREASE PUBLIC SAFETY, BETTER THE QUALITY OF LIFE FOR THE RESIDENTS WE SERVE, AS WELL AS PROTECT THE WELFARE OF OUR ANIMAL CITIZENS IN SOUTH BEND. Y, SI&TER MANAGER CITY OF SOUTH BEND DIVISION OF ANIMAL CARE AND CONTROL. BRADLEY BLOCK SENIOR ANIMAL CONTROL OFFICER CITY OF SOUTH BEND DIVISION OF ANIMAL CARE AND CONTROL Valerie Schey From: John Murphy <jmurphy @southbendin.gov> Sent: Tuesday, February 18, 2014 3:06 PM To: Valerie Schey Cc: Cecil Eastman; Matt Harmon Subject: Proposed Animal Control Licensing Fees Council Member Schey, As discussed today, Cecil Eastman did a study of the revenue impact of the proposed Animal Control licensing fees. Animal Control generated licensing fee revenue of $20,615.25 during 2013. At a 5% compliance rate, fees are estimated to be $40,467.83 under the new fee structure. At a 10% compliance rate, fees are estimated to be $81,535.65. As such, we are supportive of this new fee structure as it would generate additional own - source revenue for Animal Control Department. 1865 Regards, John H. Murphy City Controller City of South Bend Department of Administration & Finance 227 W. Jefferson Boulevard South Bend, Indiana46601 Telephone No. (574) 235 -7678 Fax No. (574) 235-9928 Cell No. (574) 298 -0348 IMPORTANT NOTICE! This E -Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E -Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E -Mail in error please immediately delete it and notify sender at the above E -Mail address. Please note that incoming a -mails are not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E -Mail information cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E -Mail transmission. If verification is required, please request a hard -copy version. Summary of proposed new ordinance All we do should be done to improve the quality of life for our residents. A lot of our residents own pets (2012 U.S. Pet Ownership & Demographics Sourcebook, 67% of Americans own a dog or cat. Therefore, based on South Bend's population of 101,081, that would mean that 67,724 of our residents are pet owners) This ordinance provides tools to support responsible pet owners and correct the behaviors of the irresponsible owners. Problem(s): Pet overpopulation and irresponsible pet owners Solutions: Policies that promote spay /neuter. Policies aimed at correcting the behaviors of irresponsible owners. Background on this rewrite: It has been nearly 30 years since South Bend enacted its current chapter. In the past, animal control laws existed primarily to protect the public from diseased, stray animals at a time when rabies was a common public health threat. However, in the last few decades, pet ordinances have grown to cover more than just matters of public health, safety and livestock protection. Today's ordinances include measures to make pet owners more responsible and humane, and take aim at reducing surplus shelter animals and neighborhood nuisances. The goals of the SBACC Committee for this rewrite were: Create a chapter that has clear, easy to understand and enforce language. Current chapter has numerous examples of redundant, vague and ambiguous language and policies. Adopt best practices from other cities that have been shown effective at ensuring public safety and promoting responsible and humane care for animals. New Ordinance: What: Has mandatory spay /neuter requirement 2nd time dog is caught running at large (Section 5.1072 (Q. Why: Public safety benefit is - Data shows unaltered dogs are more likely to roam. Data shows 85% of dogs hit by cars are unaltered. 70 -76% of all reported dog bites are unneutered males. How: Before reclaim, arrangements must be made with owner's veterinarian of choice. Dog will be transported directly to veterinarian by SBACC. Owner will reclaim dog at vet. SNAP -SJ and Frantz Fund will assist those who cannot afford surgery. New Ordinance: What: Has differential licensing fee for altered /unaltered AND requires special license for keeping more than 1 unaltered animal. (Section 5.052 (a) and Section 5.052 (b) (1)) Why: Unwanted litters are crowding the shelters driving up the euthanasia numbers and placing the burden of their care on the tax payers. How: License will be available through SBACC and will be enforceable by SBACC. New Ordinance: What: Has mandatory sterilization for any animal deemed dangerous (Section 5.033 (7ffl)) Why. Evidence shows that sterilization decreases aggressive behavior. Data shows unaltered dogs are more likely to roam. Data shows 85% of dogs hit by cars are unaltered. 70 -76% of all reported dog bites are unneutered males. How: Before reclaim, arrangements must be made with owner's veterinarian of choice. Dog will be transported directly to veterinarian by SBACC. Owner will reclaim dog at vet. SNAP -SJ and Frantz Fund will assist those who cannot afford surgery. New Ordinance: What: Has anti - tethering laws. (Section 5.020) Whv: Dogs that live their life on a chain are 3 times more likely to bite and are far more likely to become a public nuisance than a supervised dog. How: South Bend will now have a law that prohibits chaining a dog when it is not monitored by an adult who is present at the property. New Ordinance: What: Has universal leash law. Why* All dogs must be under the physical control of the owner or attendant when off owner's property. How: Section 5.019 New Ordinance: What: Amends dangerous dog language. (Section 5.033) Why- Seeking to reduce the incidence of dog bites in our community. How: Using best practices from Fort Wayne, Indianapolis and Bloomington's Ordinances which include: mandatory sterilization for dogs deemed potentially dangerous (70 -76% of dog bites are unneutered males), Anti - tethering laws (unsupervised dogs living life on chain are 3 times more likely to bite), enforcement of our new leash law (5.019), significant penalties for irresponsible owners, education and outreach by SBACC AND aggressive spay /neuter programs (see sample brochure SBACC Officers will provide to citizens when dispatched on calls). New Ordinance: What: Replaces pet limits with more aggressive nuisance and neglect laws. Why: Number limits are often cited as a means to prevent the hoarding of more pets than can be properly housed and cared for, but this problem is better solved by strict enforcement of animal control and nuisance laws that require proper confinement and noise abatement, by health regulations that govern odor and waste, and by cruelty laws that protect animal welfare. Pet number limits are not only unenforceable and destructive, they were also ruled unconstitutional when challenged in Pennsylvania. University Park Veterinary Hospital Jeffrey S. Vogl, DVM 310 East University Drive • Granger, Indiana 46530 (574) 277 -9900 • fax: (574) 277 -9445 Dear Members of the South Bend City Council, January 13, 2014 I have recently had the chance to study the changes proposed by the SBACCCommittee to the South Bend Animal Control Ordinance. These changes are well thought out, practical and address problems that will improve the quality of life for animals, people and our community in general. I appreciate the time and effort it must have taken to present these changes and would like to offer my support for them. in our profession we deal with situations every day that involve these exact issues. I also presented these proposed changes to my associate veterinarians and the rest of my staff in order to get their input. Not only do all of us have pets, but we have the privilege of getting to work with them every day. Everyone agreed that these proposals are a step in the right direction for responsible pet ownership. A -would also like to point out that the SBACC has been very community friendly, and veterinarian friendly pnd•appreeiate how receptive they are to us and our clients. This does a lot to foster a beneficial worgingrelationship and I would encourage them to maintain this philosophy so that we can all move forward together to attain the same goals of animal care and welfare. Sincerely, Jeffrey S. Vogl DVM KRYDER VETERINARY CLINIC RC 12555 State Rd. 23 Granger, IN 46530 1/10/14 I would like to say that I (and indeed, the entire staff of Kryder Veterinary Clinic) are behind the (574) 277 -6533 proposed changes to South Bend's animal care and control ordinance 100 %. Many of these changes are aimed at encouraging the responsible spaying and neutering of pets, along with stricter enforcement of neglect laws. We feel that the proposed changes will help greatly in pet population control and help reduce both the burden on our shelters and the number of strays roaming the streets that are involved in bite incidents and auto injuries. Studies have shown that the proposed changes have been successful in other areas and there is no reason to think that they won't be equally successful in ours. The current ordinance is over 30 years old. Pets are now often considered very important members of the family for those in our community. Spayed and neutered pets live longer, healthier lives, so it's in the best interests of the pet owning public (which is 67% of the population) to update the ordinance and keep those family members healthier for longer. Please vote yes and ensure the passage of this important piece of legislation! Sincerely, The Veterinarians of Kryder Veterinary Clinic Donn E ?Kryder, V 4bb ( DvAA Mariah Covey, DVM 'e - Lin se Candey, DVM Stephanie Harr, DVM Tracy Eichenseer, DVM January 28, 2014 Dear Honorable Members of the South Bend City Council, On behalf of our board of directors and volunteers I would like to take this opportunity to convey our support of the efforts put forth by the special committee to enhance the animal ordinances for the City of South Bend and encourage you our council members to join in support of these enhancements as well. As a member of the special committee I have experienced firsthand the dedication of the city's rescue organizations and South Bend Animal Care and Control to bring forth the changes necessary to address the welfare of the animals in our community as well as its residents. These recommendations are timely and essential to achieving a safe and harmonious living environment for both animals and citizens. A number of concerns such as pet limits, breed specific legislation, and the trap, neuter and return of community cats were the fore front of this committee's work along with numerous other areas that would give the city's animal control officers the necessary tools to better perform their jobs both in the field as well as in the office all while keeping foremost the health and safety of the animals and our residents. We ask for your vote in favor of these changes to the animal ordinances for the City of South Bend with the for sight and knowledge that these ordinances will be instrumental in making our city one where animal welfare is integral part of South Bend being a progressive city. Sincerely, / amfi ela SGmer, President On behalf of the Pet Refuge Board of Directors and Volunteers January 31, 2014 ABC — Animal Birth Control Clinic of Pet Refuge 12692 Sandy Drive Suite #117 Granger, IN 46530 Letter of Support —South Bend Animal Care and Control, Chapter 5 To Whom It May Concern: This letter serves as support from ABC — Animal Birth Control Clinic of Pet Refuge for the proposed changes to the city of South Bend chapter for animal control. As Michiana's only high - volume spay and neuter clinic and an avid combatant in the fight against pet over - population, ABC Clinic is a strong supporter of the new proposed ordinance for the city of South Bend and the reasons behind the changes. ABC Clinic works closely with South Bend Animal Care and Control and other animal control organizations in the surrounding areas to decrease the number of unaltered animals and the number of unplanned /unwanted litters. Through the knowledge and experience of our staff, we believe that unaltered animals can impact the success of a city's animal control efforts in regards to animal behavior and pet over - population. ABC Clinic agrees that the proposed ordinance changes regarding differential licensing fees and mandatory spay or neuter for a dog's second time caught running will benefit the city and would also force owners to take the matter of managing their pet seriously. By implementing spay and neuter policies, the city will also be encouraging the alteration of pets which has tremendous health benefits for the animals and is something we recommend for all animals regardless of size or age. Thank you for taking the time to consider our reasons for support and the proposed changes. Sincerely, Angela J. Freier Director of Clinic Operations Dear Honorable Members of Council, As you know, a proposed new animal control ordinance will be coming to you soon. I am a veterinarian and a long time South Bend resident. I strongly support these new changes, and I hope that you will, too. We, the SBACC committee, have worked diligently to provide the Council an ordinance that will serve both the community residents and our animals. Please understand that we are not asking the Council for money. All we are asking is for you to keep an open mind, allow us to present this ordinance for your consideration, and be willing to be forward thinking. I believe this new ordinance furthers our goal of making South Bend a 21" Century City and is important in many ways. • It enhances community safety by empowering Animal Control officers and strengthens the punishment for repeat offenders. • It is fiscally responsible — o It helps reduce the financial burden of animals on the city and residents • It supports local small businesses by emphasizing veterinary care, spay /neuter, and responsible care of animals • It reduces the city's financial & legal liability if our current laws are challenged in court - Many statutes very similar to our current code have been declared unconstitutional and cities have spent hundreds of thousands of dollars in legal fees • It improves the lives of animals in our shelters and in our community • It is more humane and up to date I'd like to specifically address two areas that many might have questions about that are much different than our current code: pet limits and BSL (or Breed Specific Legislation —aka breed bans). These are both laws that courts have struck down as being arbitrary and over - reaching. Aside from being a lawsuit waiting to happen, an arbitrary pet limit is difficult to enforce. If someone is in violation, to prove it SBACC would have to get a warrant, conduct searches, seize animals, go to court to gain ownership of animals —a lengthy and expensive process resulting in more animals entering the system and taking time away from real problems that need to be addressed. Also, eliminating the limit opens up a new pool of potential adopters. BSL is an outdated policy that is no longer effective. It is subjective, difficult and expensive to enforce, and it condemns animals based on body type rather than actual behavior. It kills innocent animals. It discourages good people from doing the right thing in licensing their pets or seeking veterinary care — on multiple occasions I've heard people confess their reluctance to bring in a pet that might be labeled a "pit bull." Additionally, the more we propagate the bad idea that some breeds are more dangerous than others the more it encourages those seeking a dangerous dog to select a "pit bull" or other so- called dangerous dog. BSL also contributes to mental strain and compassion fatigue in animal control workers. And most importantly, BSL doesn't actually prevent bites! It lulls many into a false sense of security thinking if their dog isn't a "dangerous breed" that it is unlikely to bite. ALL dogs are capable of aggression. As a veterinarian, I work with all breeds of dogs, and the two most dangerous dogs I've ever 1 worked with were a Great Dane and a German shepherd. In my professional opinion BSL is a policy whose time has passed. It is an idea that people cling to in the hopes of appearing to do something without dealing with the actual problem. In the last twenty years our understanding of animal behavior has grown tremendously and we now know that socialization of animals, neutering, and education of children do more for bite prevention than the arbitrary banning or killing of any breed. The following groups all have position statements opposing BSL: • AVMA —The American Veterinary Medical Association • HSUS —The Humane Society of the United States • ASPCA —The American Society for the Prevention of Cruelty to Animals • AAHA —The American Animal Hospital Association • NACA —The National Animal Control Association • CDC —The Centers for Disease Control and Prevention If this ordinance is approved, we hope to replace BSL with a more comprehensive dog bite prevention program including (but not limited to) a vigorous community effort to increase the resources available for spay /neuter and education programs for children and residents. As someone who has dedicated my life to animals people sometimes ask me why I care more about animals than people, why I don't do more to help humans, or when there are so many overwhelming challenges facing people why should we worry about animal control ordinances. I suspect that some on the Council might also feel this way. I'd like to address these concerns. First, it is impossible to help animals and not care about humans. Pets don't walk into my clinic and ask to be vaccinated or neutered, they don't pay the bills, and they don't walk into shelters and pick out a family. It is humans that do all of that— to care about animals is to care about people. Animals are a huge part of the lives of many SB residents and we expect our local government to respect that. Second, while we face many challenges, we don't have time to do only one thing at a time. Maybe the care and control of animals are not important to everyone, but to many of us they are paramount. As a city we have the responsibility of protecting our citizens, but as humans we also have the responsibility of protecting the animals in our care. Animal welfare and community safety are not mutually exclusive. We can be more humane while being safer and spending less! I tried to be brief in this letter and just give you a summary of the ordinance and some background information, but I would welcome you to contact myself or any of our committee members if you have any questions or concerns or are interested in more information. Thank you for taking the time to read this letter. Dr Mariah Covey, DVM 1202 E Donald St, South Bend, IN 46613 Kryder Veterinary Clinic 12555 SR 23, Granger IN 46530 (574)229 -3604 kvcbehaviorc@aol.com r �- FC a�W 1 FUNDED \BB May 20, 2013 AMERICAN KENNEL CLUB° The Honorable Valerie Schey Council Member, City of South Bend 227 West Jefferson Blvd., Suite 400 S South Bend, Indiana 46601 Dear Council Member Schey: On behalf of the American Kennel Club, our St. Joseph County dog clubs, and the many responsible dog owners in South Bend, I would like to thank you for your leadership on the important issue of animal control. The AKC and our local constituent dog owners would welcome the opportunity to work with you and the Common Council to develop effective, reasonable solutions to address animal population and pet ownership concerns in your community. The mission of the AKC is to advocate for dogs as family companions, to advance canine health and wellbeing, to protect the rights of all dog owners, and to educate the public about responsible dog ownership. We believe that all dog owners should be held accountable for the behavior of their dogs, regardless of the breed or how many animals they own. The AKC appreciates your willingness to consider removing the breed - specific policies and limitations on animal ownership from city code. This would restore the rights of responsible South Bend dog owners, alleviate burdens on local animal control and shelters, and ensure that A pet owners properly care for and train their animals. The American Kennel Club and our state federation the Indiana Purebred Dog Alliance would be pleased to work with you to provide effective policy solutions from other communities and public education programs to address local concerns while ensuring that residents can responsibly own and breed dogs. If we can be of assistance, please do not hesitate to contact me at (919) 816 -3720 or ilc @akc.org. Sincerely, /+n Jennifer Clark Manager, Canine Legislation 8051 Arco Corporate Drive Raleigh, NC 27617 -3390 Tel 919 816 -3600 www.akc.org Excerpts from: http:L/www.spayusa.orglbenefits.ph p Benefits of Spay /Neuter Benefits of Spaying (females): • No heat cycles, therefore males will not be attracted • Less desire to roam • Risk of mammary gland tumors, ovarian and /or uterine cancer is reduced or eliminated, especially if done before the first heat cycle • Reduces number of unwanted cats /kittens /dogs /puppies • Helps dogs and cats live longer, healthier lives Benefits of Neutering (males): • Reduces or eliminates risk of spraying and marking • Less desire to roam, therefore less likely to be injured in fights or auto accidents • Risk of testicular cancer is eliminated, and decreases incidence of prostate disease • Reduces number of unwanted cats /kittens /dogs /puppies • Decreases aggressive behavior, including dog bites • Helps dogs and cats live longer, healthier lives Top 3 Reasons to Spay and Neuter Additional Benefits: It helps to reduce companion animal overpopulation. Most countries have a surplus of companion animals and are forced to euthanize or disregard their great suffering. The surplus is in the millions in the United States. Cats are 45 times as prolific, and dogs 15 times as prolific, as humans. They do not need our help to expand their numbers; thev need our help to reduce their numbers until there are good homes for them all Sterilization of your cat or dog will increase his /her chance of a longer and healthier life. Altering your canine friend will increase his life an average of 1 to 3 years, felines, 3 to 5 years. Altered animals have a very low to no risk of mammary gland tumors /cancer, prostate cancer, perianal tumors, pyometria, and uterine, ovarian and testicular cancers. Sterilizing your cat /dog makes him /her a better pet, reducing his /her urge to roam and decreasing the risk of contracting diseases or getting hurt as they roam. Surveys indicate that as many as 85% of dogs hit by cars are unaltered. Intact male cats living outside have been shown to live on average less than two years. Feline Immunodeficiency Syndrome is spread by bites and intact cats fight a great deal more than altered cats. Your community will also benefit. Unwanted animals are becoming a very real concern in many places. Stray animals can easily become a public nuisance, soiling parks and streets, ruining shrubbery, frightening children and elderly people, creating noise and other disturbances, causing automobile accidents, and sometimes even killing livestock or other pets. - The American Veterinary Medical Association The capture, impoundment and eventual destruction of unwanted animals costs taxpayers and private humanitarian agencies over a billion dollars each year. As a potential source of rabies and other less serious diseases, they can be a public health hazard. The American Veterinary Medical Association tweed Npecitic Legislation Page 1 of 3 Published on ASPCA (hftp://www.aspca.or.q) Home > Breed Specific Legislation Breed Specific Legislation Dealing with Reckless Owners and Dangerous Dogs in Your Community Dogs permitted by their owners to run loose, and dogs who attack people or other animals, are real and often serious problems in communities across the country—but how to best address dangerous and potentially dangerous dogs can be a confusing and touchy issue. "Breed- specific" legislation (BSL) is the blanket term for laws that either regulate or ban certain breeds completely in the hopes of reducing dog attacks. Some city/municipal governments have enacted breed - specific laws. However, the problem of dangerous dogs will not be remedied by the "quick fix' of breed - specific laws —or, as they should truly be called, breed - discriminatory laws. It is worth noting that in some areas, regulated breeds include not just American Pit Bull terriers, American Staffordshire Terriers, Staffordshire Bull Terriers, English Bull Terriers and Rottweilers, but also a variety of other dogs, including American Bulldogs, Mastiffs, Dalmatians, Chow Chows, German Shepherds, Doberman Pinschers, or any mix of these breeds —and dogs who simply resemble these breeds. On the bright side, many states (including New York, Texas and Illinois) favor laws that identify, track and regulate dangerous dogs individually, regardless of breed, and prohibit BSL Are Breed - Specific Laws Effective? http: / /www.aspea.org /printlfight- cruelty/ dog- fightinglbreed- specific - legislation 2/17/2014 Breea Specific Legislation Page 2 of 3 There is no evidence that breed - specific laws —which are costly and difficult to enforce —make communities safer for people or companion animals. For example, Prince George's County, MD, spends more than $250,000 annually to enforce its ban on Pit Bulls. In 2003, a study conducted by the county on the ban's effectiveness noted that "public safety is not improved as a result of [the ban]," and that "there is no transgression committed by owner or animal that is not covered by another, non -breed specific portion of the Animal Control Code (i.e., vicious animal, nuisance animal, leash laws)." Following a thorough study of human fatalities resulting from dog bites, the United States Centers for Disease Control (CDC) decided not to support BSL. The CDC cited, among other problems, the inaccuracy of dog bite data and the difficulty in identifying dog breeds (especially true of mixed -breed dogs). The CDC also noted the likelihood that as certain breeds are regulated, those who exploit dogs by making them aggressive will replace them with other, unregulated breeds. What's Wrong with Breed - Specific Laws? BSL carries a host of negative and wholly unintended consequences: Dogs go into hiding Rather than give up their beloved pets, owners of highly regulated or banned breeds often attempt to avoid detection of their "outlaw" dogs by restricting outdoor exercise and socialization and forgoing licensing, microchipping and proper veterinary care, including spay /neuter surgery and essential vaccinations. Such actions have implications both for public safety and the health of these dogs. Good owners and dogs are punished BSL also causes hardship to responsible owners of entirely friendly, properly supervised and well - socialized dogs who happen to fall within the regulated breed. Although these dog owners have done nothing to endanger the public, they are required to comply with local breed bans and regulations unless they are able to mount successful (and often costly) legal challenges. They impart a false sense of security Breed - specific laws have a tendency to compromise rather than enhance public safety. When limited animal control resources are used to regulate or ban a certain breed of dog, without regard to behavior, the focus is shifted away from routine, effective enforcement of laws that have the best chance of making our communities safer: dog license laws, leash laws, animal fighting laws, anti - tethering laws, laws facilitating spaying and neutering and laws that require all owners to control their dogs, regardless of breed. They may actually encourage ownership by irresponsible people If you outlaw a breed, then outlaws are attracted to that breed. Unfortunately some people take advantage of the "outlaw" status of their breed of choice to bolster their own self image as living outside of the rules of mainstream society. Ironically, the rise of Pit Bull ownership among gang members and others in the late 1980's coincided with the first round of breed - specific legislation. What's the Alternative to Breed - Specific Laws? In the aforementioned study, the CDC noted that many other factors beyond breed may affect a dog's tendency toward aggression— things such as heredity, sex, early http : / /www.aspca.org /printlflght- cruelty/ dog- fightinglbreed- specific- legislation 2/17/2014 Breed Specific Legislation Page 3 of 3 experience, reproductive status, socialization and training. These last two concerns are well- founded, given that: • More than 70 percent of all dog bite cases involve unneutered male dogs. • An unneutered male dog is 2.6 times more likely to bite than is a neutered dog. • A chained or tethered dog is. 2.8 times more likely to bite than a dog who is not chained or tethered. • 97 percent of dogs involved in fatal dog attacks in 2006 were not spayed /neutered: • 78 percent were maintained not as pets, but rather for guarding, image enhancement, fighting or breeding. • 84 percent were maintained by reckless owners —these dogs were abused or neglected, not humanely controlled or contained, or allowed to interact with children unsupervised. Recognizing that the problem of dangerous dogs requires serious attention, the ASPCA seeks effective enforcement of breed - neutral laws that hold dog owners accountable for the actions of their animals. For help in drafting animal control laws, contact the ASPCA's Government Relations department at lobby(a)aspca.org iii. Tags: Advocacy I2] Doq Fighting Isl Source URL: htto: / /www asoca org /fiightcruelty /dog - fighting /breed specific legislation Links: (1) mailto:lobby @aspca.org [2] http: / /www.aspca.org /taxonomy /term /307 [3] http: / /www.aspca.org /taxonomy /term /233 http: / /www.aspca.org /printlflght- cruelty/ dog- fightinglbreed- specific - legislation 2/17/2014 NCDC'JCanine National Research Council fill New Study Explains Why Breed Specific Legislation Does Not Reduce Dog Bitesi Important article now available from JAVMA website October 1, 2010 -- For years, evidence has mounted that breed specific legislation (BSL) fails to reduce dog bite incidents. The data supporting this conclusion has come from cities and counties all over North America, and from four European countries. An insightful new analysis, recently published in the Journal of the American Veterinary Medical Association, explains why BSL has consistently failed to reduce dog bites. The authors, Gary J. Patronek, VIVID, PhD, and Amy Marder, VMD, CAAB, of the Center for Shelter Dogs, Animal Rescue League of Boston; and Margaret Slater, DVM, PhD, of the ASPCA, have applied one of the most valuable and well - recognized tools of evidence -based medicine to this question. Number needed to treat (called NNT) measures the effectiveness of new medicines or treatments. It asks the question: How many patients have to take the medicine or get the treatment in order for one patient to avoid a bad outcome? The fewer patients that have to be treated in order to avoid a bad outcome, the more effective scientists consider a medicine or treatment to be. But what if we had to treat thousands of patients to avoid even one bad outcome? Would we bother with a new medicine if the number of people we needed to treat to prevent one bad outcome, was 10,000? If we could only identify 9,900 people suffering from the disease, we could not treat enough people with the new medicine to be sure that even one of them would avoid the dreaded symptom. This is precisely the result that Patronek and his colleagues obtained when they applied this evidence - based method to estimating how many dogs a community would have to ban to prevent a single, serious dog bite. They called their mystery number the number needed to ban (NNB). Using dog bite injury data from the Centers for Disease Control, the State of Colorado, and other, smaller jurisdictions, along with guestimates of the population of various breeds or kinds of dogs, the authors calculated the absurdly large numbers of dogs of targeted breeds who would have to be completely removed from a community, in order to prevent even one serious dog bite. For example, in order to prevent a single hospitalization resulting from a dog bite, the authors calculate that a city or town would have to ban more than 100,000 dogs of a targeted breed. To prevent a second hospitalization, double that number. Page 12 Dog bite - related fatalities are so extremely rare that not even a state could ban enough dogs to insure that they had prevented even one. (Consider: in Denver, Colorado, after they banned "pit bull" dogs in 1989, they had another dog bite - related fatality in the Denver area, involving another type of dog.) Spain, Italy, Great Britain and the Netherlands have all reported that their breed specific regulations have not produced a reduction in dog bite incidents. The Toronto Humane Society surveyed health departments throughout the province of Ontario, and reported that the breed ban enacted in 2005 had not produced a reduction in dog bites. In Winnipeg, Manitoba, after the city banned one type of dog, dog bites actually rose, just involving other types of dogs. Reports from Denver, Colorado, Miami -Dade, Florida, Prince George's County, Maryland, and Omaha, Nebraska all tell the same story. While there is no scientific evidence that one kind of dog is more likely to injure a person than another kind of dog and BSL's documented record is one of ineffectiveness, BSL remains a policy that some find attractive. Patronek, Marder and Slater explain why. "It is our belief," they write in their conclusion, "that BSL is based largely on fear, and it has been emphasized that appeals to fear have their greatest influence when coupled with messages about the high efficacy of the proposed fear -based solution." The documented failures of BSL, now combined with the NNB analysis, can be marshaled to undermine such fear -based appeals. BSL proponents will be unable to show "high efficacy of the fear -based solution" or that BSL is rationally related to the public safety issues communities are typically attempting to address when implementing BSL. The complete article can be purchased from the Journal of American Veterinary Medical Association at http : / /avmaiournals.avma.orp /doi /full /10 2460 /iavma 237 7 788 Patronek, G., Slater, M., Marder, A., "Use of a number - need -to -ban calculation to illustrate limitations of breed - specific legislation in decreasing the risk of dog bite - related injury," JAVMA, vol 237, Number 7, October 1, 2010 www. nationaIcanineresearchcounciI .com cX t�� vfe I n I�� h DID J o fo V,\) w c s Q C 3's AMERICAN KENNELCLUB' LIMIT LAWS ARE NOTTHE MOST EFFECTIVE WAYTO SOLVEANIMAL CONTROL PROBLEMS. • Limiting the number of dogs an individual may own is an ineffective solution to animal control problems because it fails to address the heart of the issue — irresponsible ownership. Whether they own five dogs or two, irresponsible owners will still allow their animals to run loose, leave their mess in a neighbor's yard, or bark long into the night. • Limit laws are extremely difficult to enforce and can be evaded by irresponsible animal owners. For example, individuals may choose not to license their pets as a way to avoid regulation. Animal control officers therefore have no way of knowing how many pets an owner has unless they make regular door -to -door inspections. To do so would be an expensive, time- consuming process that in many cases would require a search warrant. Fewer licenses also means less revenue for city government. • Limit laws often force caring, responsible owners to surrender their excess animals to shelters that are already overcrowded, thereby increasing a city's shelter population problems and euthanasia rates. • Hoping to evade limit laws, people may try to hide the number of dogs they own. To do so, owners avoid taking their animals to veterinarians and getting needed vaccinations. This may affect rabies prevention and threaten public safety. It also jeopardizes animals' health. • In many cases, communities already have nuisance laces in place that, if properly enforced, could reduce animal control problems. Passing new laws is a lengthy, expensive process that only burdens public officials and taxpayers without resolving the issue at hand. JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, February 19, 2014 IS CA-� S V` \ _ \ n The Honorable Council of the City of South Bend L V x ()3,--1 4th Floor, County -City Building South Bend, IN 46601 RE: A combined public hearing of PA Sergio Properties, LLC to zone from SFI Single Family & Two Family District and OB Office Buffer District to OB Office Buffer District, and seeking a special exception use to allow single family dwellings on proposed Lot 15A and Lot 17 in the OB Office Buffer District property located at 1912, 1918 and 1924 Edison Road, City of South Bend - APC# 2692 -14. Dear Council Members: 1 hereby Certify that the above referenced ordinance of PA Sergio Properties, LLC was legally advertised on Thursday, February 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, February 18, 2014 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a proposed ordinance of PA Sergio Properties, LLC to zone from SFI Single Family & Two Family District and OB Office Buffer District to OB Office Buffer District, property located at 1912, 1918 and 1924 Edison Road, is sent to the Common Council with a favorable recommendation. The rezoning will allow for an existing office to expand. Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a Special Exception Use to allow single family dwellings on proposed Lot 15A and Lot 17 in the OB Office Buffer District is sent to the Common Council with a favorable recommendation. The Special Exception Use will allow the residential homes to remain viable within this mixed use area. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, ,4ohn W. Byorm Attachment CC: PA Sergio Properties, LLC Lang, Feeney & Associates, Inc. ell SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND ` ww rt phmunryind'umsoMAmphn Staff Report 2/3/2014 APC # 2692 -14 Owner: PA Sergio Properties, LLC Location: 1912, 1918 & 1924 Edison Road Jurisdiction: City of South Bend Public Hearing Date: 2/18/2014 Requested Action: The petitioner is requesting a zone change from SF Single Family & Two Family District and OB Office Buffer District to OB Office Buffer District with a special exception use and seven variances from the development standards, property located at 1912, 1918 and 1924 Edison Road. Land Uses and Zoning: On site: On site is a dentist office, associated parking lot and two single family homes. North: To the north are single family homes zoned SF1 Single Family and Two Family District. East: To the east is an insurance office zoned OB Office Buffer District. South: To the south are single family homes zoned SF Single Family and Two Family District. West: To the west are two single family homes and two vacant lots zoned SF 1 Single Family and Two Family District. District Uses and Development Standards: The OB - Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi - governmental uses. Since the types of permitted uses in the OB District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. Site Plan Description: The rezoning consists of three lots, approximately 3/4 acre in area. There is an existing 2,059 square foot dentist office and two homes of approximately 1,300 square feet each. A 1,350 square foot addition is proposed to the dentist office, bringing the total building coverage to 6,004 square feet or 18% of the site. There are 36 parking spaces provided, covering 50% of the site. The remaining 32% is open space. Variances are needed since setbacks and landscaping do not meet the standards of the OB Office Buffer District. Zoning and Land Use History And Trends: In 1987 the center lot was rezoned from A Residential to B Residential to allow a dentist office. In 1994, a special exception was granted for parking on the residential lot to the APC # 2692 -14 Page 1 of 3 Staff Renort 2/3/2014 east. In 1995, the center lot was rezoned from B Residential to B Residential for an expansion of the dentist office. In 2004, the new zoning map zoned this parcel OB Office Buffer District. Traffic and Transportation Considerations: Edison Road has four lanes. Utilities: The site is served by public water and sewer. Agency Comments: The City Engineering Department has no objections. Commitments: The petitioner has not proposed any commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. LU 2.4 Provide buffer spaces between non - compatible land uses. H2.7 Encourage rehabilitation and maintenance of non owner occupied residential properties. Land Use Plan: The Future Land Use Map identifies the center lot, occupied by the dentist's office as commercial and the other two lots, containing the houses, as low density residential. Plan Implementation /Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Edison Road, between Ironwood and State Road 23, has a range of uses, from the pharmacy and restaurant at Ironwood, offices on the north side, a condominium project and gas station at State Road 23, with a few single family homes intermixed among these uses. 3. Most Desirable Use: The most desirable use is a use that is compatible with the variety of uses along Edison. 4. Conservation of Property Values: Since the site has been operating as an office for several years, surrounding property values should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to allow an office to expand while retaining the residential homes. APC # 2692 -14 Page 2 of 3 Staff Report Staff Comments: 2/3/2014 This is a combined public hearing procedure, which includes a rezoning, a special exception and seven variances. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from SF Single Family and Two Family District and OB Office Buffer District to OB Office Buffer District. The Special Exception Use is to allow single family homes on proposed Lot 15A and 17. The petitioner is also requesting the following 7 variances: 1) from the required 8' side yard setback on all lots and the required 15' side residential bufferyard for the west line of Lot 17 to 1' from the east line of Lot 15A and west line of Lot 17, and 0' for the lines between Lots 15A andl6A, and 16A and 17 for both parking and structures; 2) from the required 15' rear residential bufferyard for all lots to 5'; 3) from the required 1 parking island to 0; 4) from the required 24' drive aisle to 23.6'; 5) from the required rear residential bufferyard and parking screening to a 6' vinyl fence; 6) from the required Type B landscaping for the front yards of all lots to Type A landscaping; and 7) from the required side residential bufferyard screening for the west line Lot 17 to a proposed 6' vinyl fence and partial Type A landscape screening as shown on the site plan. State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing the staff recommends that the rezoning be sent to the Common Council with a favorable recommendation. Based on the information available prior to public hearing, the staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation. The staff recommends approval of all variances, subject to the approval of the rezoning. Analysis: The rezoning will allow for an existing office to expand and the Special Exception Use will allow the residential homes to remain viable within this mixed use area. The variances represent an existing situation or one created specifically by the change in rezoning, and should not impact the surrounding uses. APC # 2692 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Suecial Excention / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 1912, 1918 AND 1924 EDISON ROAD, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from SF Single Family District to OB Office Buffer District to allow the consolidation of the property on either side of the current building for the existing dental office. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot numbered fifteen (15), Lot numbered sixteen (16), and Lot numbered seventeen (17) in Wooded Estates, a subdivision now within and a part of the City of South Bend as per plat hereof recorded September 27, 1946 in Plat Book 16, Page W in the office of the Record of St. Joseph County, Indiana. be and the same is hereby established as OB Office Buffer District. SECTION II. That a Special Exception Use for off -site parking and single family dwellings in a OB Office Buffer zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20_, at o'clock M. Deputy, City Clerk Approved and signed by me on the day of , 20 , at o'clock .m. i -r READING PUBLIC HEARING 3rd REAWNG NOT APPROVED REFERRED A-'P' PASSED Mayor of the City of South Bend, Indiana Filed In Clerk's 0ffs-..:; JQI'W vo,m.ok CITY CLERK, SOUTH SEND, IN PETITION FOR A COMBINED HEARING City of South Bendd, Indiana I the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a Special Exception Use as herein requested and to the Area Plan Commission to grant the following variances: 1) The subject property is located at: 1912, 1918 & 1924 Edison Road, South Bend, Indiana 46617 2) The property Tax Key Numbers are: 018 -5148 -5538 018 -5148 -5539 018 -5148 -5540 3) Name and address of property owner of the petition site: PA Sergio Properties, LLC CIO Paul Sergio 1918 Edison Road South Bend, Indiana 46617 1 -574- 287 -8900 4) Name and address of contingent purchaser, if applicable: N/A 5) It is desired and requested that this property be rezoned: From: "SF -1" Single Family District To: "OB" Office Buffer District 6) This rezoning is requested to allow the following uses: The expansion of the Dentist Office with the expansion of parking lot to accommodate his increasing cliental. 7) If applicable, a detailed description and the purpose of the variances being requested: The requested variances are to allow, by the individual requests, the expansion of the Dentist Office and the accommodation of the cliental parking area - from the required 8' side yard setbacks for lots 15A, 16A and the east line of lot 17; and from the required minimum 15' side yard residential bufferyard for the west line of lot 17 to a 1' side yard setback for the east line of 15a, to 0' for the west line of lot 15A and both the east and west lines of lot 16A and 0' for the east line of lot 17 and F for the west line of lot 17; - from the required 15' rear yard residential bufferyard for lots 15A, 16A and 17 to a 5' rear yard residential bufferyard for lots 15A, 16A and 17; - from the required I parking island to 0 parking islands; - from the required 24' drive aisle to 23.6' for the parking spaces on lot 17; - from the required rear residential bufferyard parking screening to allow the existing 6' vinyl fence to remain on lots 15A and 16A and to be extended across the rear yard of lot 17; - from the required type B landscaping for the front yards of lots 15A, 16A and 17 to type a landscaping; - from the required side residential bufferyard screening for the west line of lot 17 to allow the proposed 6' fence and partial type a landscape screening as shown on the site plan; 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: As no request being made is of any purpose other than to expand said Dentist Office and increase the parking lot. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: as any screening variances requested are still being affectively screened by a 6 foot high fence line. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: as the client will not be able to accommodate the growth of his Dentist Office without the expansion of said office and parking lot. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. See attached site plan. 10) If applicable, a detailed description and purpose of the Special Exception Use being requested: The purpose of the special exception is to allow the expansion of Dentist Office and parking lot while simultaneously still allowing the existing residences to remain. - to allow off site parking for lot 16A by allowing the proposed parking lots on lots 15A and 17; - to allow the residential use and houses to remain on lots 15A and 17. 11) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: as no request being made is of any purpose other than the expansion of dentist Office and to increase the parking lot. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: as any screening variances requested are still being affectively screened by a 6' high fence line. (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: allow not only the existing residences to remain, but also allow the expansion of said office and parking lot for the growing cliental (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. As no property line encroachments exist or are proposed 12) In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) 17 site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Lang, Feeney & Associates, Inc. CIO J. Bernard Feeney 715 South Michigan Street South Bend, Indiana 46601 1 -574- 233 -1841 JBF715 @AOL.Com 0 PA Sergio Properties, LLC CIO Paul Sergio hied in Clerk's O v.., JO CITY CLFRK 301V ,'vxieJFIVr7 4P: Rezoning from: "OB" OFFICE BUFFER DISTRICT & "SFI" SINGLE FAMILY & TWO FAMILY DISTRICT to "OB" OFFICE BUFFER DISTRICT NW STER ZONING KEY SOUTH BEND"SF1 "SINGLE FAINIL`/ANDT)i'O FAMILYDISTRICT ® SOUTH BEND "SF2" SINGLE FAM ILYAND Tin-O FAMILYDIS7RICT j SOUTH BEND "Id F2" HIGH - DENSITY LIULTIFAII IL)' DISTRICT SOUTH BEND '05" OFFICE BUFFER DIS71 RIC7 SOUTH BEND "LB" LOCAL BU SINE SS DISTRICT SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT SO U7H_B EN D, GB 0 1 inch = 200 feet APC # 2692 -14 >> o ��o �- �1�r � •_ anon W Rezoning from: "OB" OFFICE BUFFER DISTRICT & "SFI" SINGLE FAMILY & TWO FAMILY DISTRICT to "OB" OFFICE BUFFER DISTRICT NW STER ZONING KEY SOUTH BEND"SF1 "SINGLE FAINIL`/ANDT)i'O FAMILYDISTRICT ® SOUTH BEND "SF2" SINGLE FAM ILYAND Tin-O FAMILYDIS7RICT j SOUTH BEND "Id F2" HIGH - DENSITY LIULTIFAII IL)' DISTRICT SOUTH BEND '05" OFFICE BUFFER DIS71 RIC7 SOUTH BEND "LB" LOCAL BU SINE SS DISTRICT SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT SO U7H_B EN D, GB 0 1 inch = 200 feet APC # 2692 -14 6 -11 ft 0a, N---k 7 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 117 N Main St South Bend, IN 46601 WHEREAS, Indiana Code Section 36 -7-4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7-4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 117 N Main St South Bend, IN 46601 in order to permit Tattooing and Body Piercing SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION M. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. � DU l Member of the Common Co icil 6Al1JIC11 iiin'Ts`�} C:l Srib3;S51,� �r Filed i office [JAN 14 2014 PRESENTED - Jod =. -.. . �.�. CITYCLERI', NOT APPPO.YEli soOPTEa PETITION FOR ZONING VARIANCE AND SPECIAL EXCEPTION TO RELOCATE OUR ESTABLISHED BUSINESS Petitioner David E Martin Bicycle Tattoo 127 W Washington St South Bend, IN 46601 Business Phone: 574 -282 -8190 Cell Phone: 574 - 440 -2184 The purpose of this petition is to seek 2 zoning variances and 1 special exception to allow us to relocate one block over from our current location of 127 W Washington to the new location at 117 N Main street in the Central Business District. We need a special exception to allow tattooing and body piercing in the new space and we need two zoning variances. One to change the maximum number of controlled uses within 1000' from 2 to 50, and one to change the minimum distance from a church from a tattoo and body piercing establishment from 500' to 300'. The churches in question are on a different block and have no visible line of sight to our store front and will not see any signage or patrons entering our place of business. We are an established business and are moving because of the condition of our current location does not meet our needs due to lack of upkeep and water damage. We consulted Aaron Perri from DTSB before moving forward with this and we have his support in this move. During the first year of operation we have been good neighbors. We practice safe sanitary techniques and are constantly researching ways to improve. We have brought-close to 1000 new shoppers into the downtown area that came specifically for us but ended up spending money at other shops while they were downtown. We feel we are a good fit for downtown and want to stay and continue to do business in the downtown area. And we will continue to run our business in a professional manner that benefits both us and the downtown area Thank you David Martin PARCELID PARCELSTAT 018- 1008.0317 71- 08- 12 -110- 017.000 -026 018- 1002.0075 .71- 08- 12 -111- 014.000.026 018 - 1012 -0475 71.08.12 -110- 012.000 -026 018.1008 -0330 71- 08- 12 -111- 002.000.026 018. 1008. 033002 71- 09- 12 -111- 003.000.026 018 -1002 -0076 71- 08- 12 -111- 016.000.026 018 - 1012.0476 71-08-12410. 013.000-026 018- 1008.0319 71.08- 12.110- 018- 1008.0321 71.08- 12 -110- 021.000 -026 018 -1008- 033003 71.08.12 -111- 004.000.026 018. 1008.0331 71- 08- 12 -111- 005.000.026 018.1008- 033602 71- 08- 12 -111- 008.000 -026 018 -1002 -0077 71- 08- 12 -111- 017.000.026 018.1012 -0472 71- 08- 12 -110- 003.000.026 NAME —1 019.000 -026 018 - 1012.0473 71.08.12 -i10- 1428 Hamilton Av Cleveland 004.000 -026 018- 1008.0315 71.08 -12 -110. LLC 010.000.026 018. 1008.0316 71- 08.12 -110- 108 N Main Ste 710 South Bend 011.000.026 018 - 1002.0073 71- 08- 12.111- COLFAX PLACE 012.000 -026 018 - 1002.0078 71. 08.12 -111- Properties 018.000.026 018 - 1008. 033501 71.08- 12 -111- 006.000 -026 018- 1008.0321 71.08- 12 -110- 021.000 -026 018 -1008- 033003 71.08.12 -111- 004.000.026 018. 1008.0331 71- 08- 12 -111- 005.000.026 018.1008- 033602 71- 08- 12 -111- 008.000 -026 018 -1002 -0077 71- 08- 12 -111- 017.000.026 018.1012 -0472 71- 08- 12 -110- 003.000.026 NAME —1 MAILINGADD MAILINGC COYNE MARY 1428 Hamilton Av Cleveland INVESTMENTS LLC INDIANA LAND 108 N Main Ste 710 South Bend TRUST #12508 COLFAX PLACE c/o Holladay South Bend ASSOCIATES 11 Properties LP INDIANA LAND 108 N Main St Ste South Bend TRUST 108-118 710 CITY OF SOUTH County City Bldg South Bend BEND DEPT OF REDEVELOPMEN T . MICHIGAN PO Box 540 South Bend STREET LLC VALLEY PO Box 52427 Atlanta AMERICAN BANK & TRUST CO. %NATIONAL CITY CORP AM: DON PATTON 113 -117 NORTH Po Box 11545 South Bend MAIN STREET LAND TRUST COLFAX PLACE clo Holladay South Bend ASSOCIATES 11 Properties LP SIMERI LAURA L 24989 Layton Road South Bend CEOL MOR INC 126 S Scott St South Bend MHM REALTY 2610 Twixwood Ln South Bend LLC BKT LLC P 0 Box 540 South Bend CITY OP SOUTH County City Bldg South Bend BEND DEPT OF Room 1200 REDEVELOPMEN T DILLINGHAM 64 Washington Ct Quincy HILL RE LLC INDIANA LAND 108 N MAIN ST South Bend TRUST #11298 STE 711 INDIANALAND 108 N Main Suite South Bend TRUST 108/801 711 CITY OF SOUTH Room 1200 County South Bend BEND DEPT OF City Bldg REDEVELOPMEN T MICHIGAN 'PO Box 540 South Bend STREETLLC S M CHRISTE LLC 1304 Leeper Ave South Bend SEETRANSFER Page 1 of MAILMAILIN9ZIF OH 44114 IN 46601 IN 46601 IN 46601 IN 46601 IN 46624 GA 30355 IN 46634 IN 46601' IN 46614 IN 46601 IN 46614 IN 46624 IN 46601 MA 02169 IN 46601 IN 46601 IN 46601 IN 46624 IN 46617 PARCELID PARCELSTAT NAME_l MAILINGADD MAILINGCIT MAILMAILINGZIF NOTE 018 - 1008 -0320 71 -08. 12.110- 113 -117 NORTH Po Box 11545 South Bend IN 46634 020.000 -026 MAIN STREET " LAND TRUST 018. 1012 -0477 71 -08.12 -110- VALLEY PO Box 52427 Indianapolis IN 46255 014.000.026 AMERICAN BANK & TRUST CO %NATIONAL CITY CORP ATTN-. DON PATTON 018- 1012 447701 71 -08. 12.110- DILLINGHAM 64 Washington Ct Quincy MA 02169 015.000.026 HELL RELLC ATTN:PAULA HOLLAND 018 - 1002. 007501 71.08.12.111- TARGET 21533 Golden South Bend IN 46628 015.000 -026 LEASING CORP Maple Ct SEE TRANSFER NOTE 018- 3006 -017003 71.08 -12 -152- STJOSEPH County City South Bend IN 46601 001.000 -026 COUNTY Building 018- 3006 -0171 71 -08 -12- 152 - HEBARD TOWER 216 Washington South Bend IN 46601 002.000 -026 LLC 018 - 3006 -0178 71- 08.12.152- ST JOSEPH County City Bldg South Bend IN 46601 004.000.026 COUNTY 018. 3006 -0184 71.08 -12- 153 - TEACHERS 128 Washington South Bend IN 46601 001.000.026 CREDIT UNION 018- 1008 - 033201 71.08.12 -111- INDIANA LAND 108 N Main Suite South Bend IN 46601 007.000 -026 TRUST 108/801 711 018. 1008. 032101 71.08 -12 -110- 113 -117 NORTH Po Box 11545 South Bend IN 46634 016.000.026 MAIN STREET LAND TRUST 018- 1008 -0318 71.08 -12 -110- 113.117 NORTH Po Box 11545 South Bend IN 46634 018.000.026 MAIN STREET LAND TRUST 018.1012 -0469 71.08 - 12.110- MITTIGA 26142 TWIN South Bend IN 46628 001.000 -026 ROSARIO & LAKES TRAIL MARIA SEE TRANSFER NOTES 018 -1012 -0470 71.08.12 -110- INNOVATIVE 224 W Colfax South Bend IN 46601 002.000.026 ENDURANCE LLC 018- 1012 -0471 7I -08- 12-110- COLFAX PLACE do Holladay South Bend IN 46601 . 005.000 -026 ASSOCIATES 11 Properties LP 018 - 1012.0474 71 -08 -12 -110- COLFAX PLACE c/o Holladay South Bend IN 46601 006.000 -026 ASSOCIATES If Properties LP 018.1008.0312 71-09-12-110- HAMILTON- 212 W COLFAX South Bend IN 46601 007.000.026 COLFAX LLC AVE 018- 1008.0313 71 -08 -12 -110- NGUYEN BAG N 208 W COLFAX South Bend IN 46601 008.000.026 &OANHP AVE NGUYEN 018. 1008.0314 71- 08- 12.110- NGUYEN BAG N 208 W COLFAX South Bend IN 46601 009.000.026 & OANH P AVE NGUYEN •018 -1008 -0322 71.08- 12-111• SOUTH BEND 227 W Jefferson South Bend IN 46601 001.000 -026 PUBLIC Suite 1400 Page 2 of 3 - ......... _.. PARCELID -._.. - -- - - PARCELSTAT -... -- ... - ---- ------- NAME-1 I......... MAILINGADD MAILINGCIT MAILMAILINGZIF TRANSPORTATIO N CORPORATION 018- 1002 -0074 71- 08- 12.111- SHEIN CARI G 127 N Michigan St South Bend IN 46601 013.000 -026 018 -1008. 029701 71 -08- 12.106- SOUTH BEND 225 W Colfax Ave South Bend IN 46601 .004.000.026 TRIBUNE CORP .018- 1008.0297 71.08 -12 -106- 207 NORTH MAIN P.O. B ox 540 South Bend IN 46601 005.000 -026 LLC i i i Page 3 of 3 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 February 6, 2014 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception David Martin 117 N. Main Street Dear Council Members: The above referenced petition of David Martin was legally advertised on January 16, 2014. The Area Board of Zoning Appeals gave it a public hearing on February 5, 2014, at which time the following action was taken: Upon a motion by Mr. Young, being seconded by Mr. Hawley and by a 5 -0 vote, the petition for Special Exception to allow a tattoo and body piercing establishment in a "CBD" District, on property located at 117 N. Main St., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Since -e- Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF MARTIN SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PRPOSED SPECIAL USE WILL NOT BE INJURRJS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: The conditions to this particular property does create an unusual and unnecessary hardship. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST. JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS or REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the Roseland Town Council with a: FAVORABLE RECOMMENDATION ADOPTED this 5TH Day of FEBRUARY, 2014. YES NO ® MICHAEL URBANSKI ® GERALD PHIPPS D RANDALL MATTHYS BRENDAN CRUMLISH ® JOE VELLEMAN ® JACK YOUNG © ROBERT HAWLEY DAVID MARTIN The petition of David Martin seeking a Special Exception to allow a tattoo and body piercing establishment in a "CBD" District and a variance from 2 to 50 controlled uses within 1000' and from the 500' minimum distance from a church to 300', on property located at 117 N. Main Street, Portage Township. Zoned "CBD ". MR. DAVID MARTIN: I live at 56415 Westlea Drive, South Bend. I'm already an established business downtown, we're just switching locations roughly about a half a block from where we currently are. We actually like the location we in now but the building we're in is having major maintenance problems that are above us. And for the whole year we've had problems with water leakage and it was compounded when the weather changed. Right now if you go to our spa there's spots on the floor from leaking and the nature of our business we feel it's unsafe for our customers. And since it's caused from leakage above us we feel it's not a maintenance issue that we have control over. I know with the church, we're getting closer to the church, our storefront does not face the church. They will not see any of our signage. They probably won't even see people entering our building. We're already established. We're real quiet neighbors. We just love downtown and we'd like to stay downtown in a nice safe location. MR. VELLEMAN: Will you be buying this building or are you going to be renting it? MR. MARTIN: I'm going to be renting it. MR. VELLEMAN: Is the tanning salon next to that still? MR. MARTIN: The Body Evolution? MR. VELLEMAN: Yeah. MR. MARTIN: Yeah it's right next to where it used to be Emblazing Salon. It's where US Cellular used to be. MR. VELLEMAN: You're on the north side of that building? MR. MARTIN: Yeah. MR. VELLEMAN: Is the tanning salon now considered a controlled use because of the new legislation that you can't be under 16 and have all of that or anything? Does anybody know? COULD NOT HEAR WHAT WAS SAID MR. HAWLEY: When did you move in to the building you're in now? It seems like you were just... MR. MARTIN: This was just last year and the thing of it is, when we moved in we didn't think to look above ceiling tiles and stuff like that. If you go there now like the last major water we leak we had, the landlord fixed the ceiling tiles but if you move the ceiling tiles you can see the second floor. And it's, I feel like I'm being needy to him cause I feel like I'm always calling him saying "hey, you know the stuff on the awing's ripping off with the wind" or you know there's water leaking constantly. Like our doorstep, I actually, I had to pay myself to fix the concrete to the entrance way because when we moved in there was a big hole and he said he was going to fix it and he never did. I mean I wish him all the luck but I feel like if I'm investing in this space, I feel like I'm just wasting my money. MR. VELLEMAN: Well there's a cleanliness factor with the tattoo portion of that too, correct? MR. MARTIN: As a matter of fact when we first applied part of what we told you guys was that we wanted to be a part of the APP and the APT, which would make us the first in the area to actually apply and obtain that licensing. We can't do it because you have to submit a video walk through of your building and we have a shared restroom with Main Street Coffee House. We had a water break in the middle of summer on the floor above in the men's bathroom and there was a garbage can full of ceiling tiles like a month in the men's stall with a hole in the ceiling. There's still a hole in the ceiling and there was another leak in there like two weeks ago, there's still a hole in the ceiling. There were ceiling tiles on the floor last week for a week. And like I said I tell him and they act like I'm bothering them or something but I don't feel like what I'm asking for is out of the ordinary. MR. HAWLEY: How long of a lease do you have to sign at the new location. MR. MARTIN: I'm not sure. I did give a deposit on the building just to hold it. We are in the downtown for the long haul. We had a three year lease at the other place. I don't want to be anywhere else but downtown. I feel like it fits my business model and I like the art aspect that they're bringing to downtown. 1 just feel like I fit here. We've brought a lot of people down here for the things that we do and this is where I want to be. MR. VELLEMAN: Area Plan? MRS. HILL: I did contact, it's approximately the same comments that we had a year ago with the petitioner was in. We did contact the Health Department and they are in charge of regulating the tattoo parlors and shops. They have not had any complaints on this particular one and Mr. Martin has been in contact with the Health Department about what he needs to do to move to the new shop. There's a permit involved so, sounds like everything is going well as far as the Health Department is concerned. MR. VELLEMAN: So on concerns about moving from one block to the next? He's been in business for a year with no issues. IN FAVOR MR. AARON PERRY: Executive Director Downtown South Bend, offices at 217 S. Michigan. We've worked closely with David Martin and the operators there at Bicycle Gallery and Body Art. They've established a great business that fits very well in downtown. I understand there was some concerns early on but they've been nothing but a positive force in downtown. Their motto has been great and I know they have plans to continue the art gallery in the front and continue contributing to downtown in a positive factor by participating in the art shows, first Fridays and things of that nature so we're certainly supportive of this move and glad they can stay in downtown. REMONSTRANCE There was no one present to speak in remonstrance of this petition. A motion for approval of the variances subject to the Special Exception being approved and the that the Special Exception is sent to the Common Council with a Favorable Recommendation was made by Mr. Young and seconded by Mr. Hawley. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36 -7 -4- 918.5; therefore, the petition for variances granted subject to the Special Exception being approved and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation. Based on the testimony presented, the Area Board of Zoning Appeals, after careful consideration, finds this variances granted subject to the Special Exception being approved and the petition for Special Exception is sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION FOR VARIANCES GRANTED SUBJECT TO THE SPECIAL EXCEPTION BEING APRPOVED BY THE COMMON COUNCIL PETITION FOR SPECIAL EXCEPTION IS SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION