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Home My WebLink About09-11-2017 Packet 1 SOUTH BEND COMMON COUNCIL MEETING AGENDA Monday, September 11, 2017 7:00 P.M. 1. INVOCATION- PASTOR THOMAS M. THEWS, ST. PAUL’S MEMORIAL UNITED METHODIST CHURCH 2. PLEDGE TO THE FLAG/ MOMENT OF REFLECTION FOR THE VICTIMS, SERVICE PEOPLE & FAMILIES OF 9/11 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME: ______ BILL NO. 48-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING A SECTION OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS 53-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 16, ARTICLE 2, SECTIONS 16-6 THROUGH 16-9, AND 16-12; ARTICLE 3, AT SECTION 16-24; ARTICLE 6, AT SECTION 16-48(m); ARTICLE 8, AT SECTIONS 16-55-56 AND 16-59 (b), TO ADDRESS PROCEDURES AND SPECIAL FEES RELATED TO TRASH, REFUSE, AND OTHER SOLID WASTE COLLECTION AND DISPOSAL 8. BILLS ON THIRD READING TIME:______ BILL NO. 48-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING A SECTION OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS 2 53-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 16, ARTICLE 2, SECTIONS 16-6 THROUGH 16-9, AND 16-12; ARTICLE 3, AT SECTION 16-24; ARTICLE 6, AT SECTION 16-48(m); ARTICLE 8, AT SECTIONS 16-55-56 AND 16-59 (b), TO ADDRESS PROCEDURES AND SPECIAL FEES RELATED TO TRASH, REFUSE, AND OTHER SOLID WASTE COLLECTION AND DISPOSAL 9. RESOLUTIONS BILL NO. 17-48 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 1206 DUNHAM ST. 17-49 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 4321 S. MICHIGAN STREET 17-50 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 315 NORTH MAIN STREET 17-51 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 602 COLFAX 17-56 A RESOLUTION BY THE SOUTH BEND COMMON COUNCIL ADDRESSING THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION UTILIZING THE RIVER WEST TIF DISTRICT OF SOUTH BEND FOR THE $25 MILLION DOLLARS TO HELP FINANCE THE DOUBLE TRACKING OF THE SOUTH-SHORE LINE WITH RESPECT TO THE PEOPLE WHO LIVE IN THE ARDMORE NEIGHBORHOOD 10. BILLS ON FIRST READING BILL NO. 54-17 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3333 N. KENMORE ST, COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND, INDIANA 3 55-17 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 212 EAST SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 56-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A PART-TIME POLICE OFFICER PROGRAM FOR THE CITY OF SOUTH BEND AND THE POLICE DEPARTMENT 57-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND THROUGH THE SOUTH BEND HUMAN RIGHTS COMMISSION AND THE COUNTY OF ST. JOSEPH TO ENFORCE THE COUNTY’S HUMAN RIGHTS ORDINANCE 11. UNFINISHED BUSINESS 2017 HPC V. BOYD (CONTINUED UNTIL OCT. 9TH SBCC MEETING) 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. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. __________________________________________________________________________________________________________________ ____ OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574-235-9221 • Fax 574-235-9173 • TDD 574-235-5567 • www.SouthBendIN.gov ALKEYNA M. ALDRIDGE DEPUTY CLERK DIRECTOR OF POLICY JENNIFER M. COFFMAN CHIEF DEPUTY DIRECTOR OF OPERATIONS JOSEPH R. MOLNAR ORDINANCE VIOLATIONS BUREAU CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: SEPTEMBER 7, 2017 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, SEPTEMBER 11, 2017 Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. PUBLIC WORKS & PROPERTY VACATION JOHN VOORDE, CHAIRPERSON 1. Substitute Bill No. 53-17- Addressing Special Fees and Procedures related to Solid Waste Collection 3:45 P.M. ZONING & ANNEXATION OLIVER DAVIS, CHAIRPERSON 1. Bill No. 17-48- Special Exception for property at 1206 Dunham 2. Bill No. 17-49- Special Exception for property at 4321 S. Michigan St. (Continued) 3. Bill No. 17-50- Special Exception for property at 315 N. Main Street (Continued) 4. Bill No. 17-51- Special Exception for property at 602 Colfax 5. FOLLOW UP: Transfer of ABZA & Zoning Administration from the Building Department to the Area Plan Commission- Larry Magliozzi, Executive Director of the (APC) 4:20 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON 1. Bill No. 17-56- Addressing the Double Tracking of the South Shore with Regard to Residents of Ardmore Neighborhood 2. Bill No. 48-17- Tax Abatement Amendment (Continued) 5:05 P.M. INFORMATION & TECHNOLOGY TIM SCOTT, CHAIRPERSON 1. South Bend Code School Presentation- Office of Innovation/Alex Liggins & Alex Sejdinaj Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Information & Technology Committee. INFORMAL MEETING OF THE COMMON COUNCIL OLIVER DAVIS, VICE PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List News Media 2 NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 2017 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-4-17) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real & personal tax abatement requests. Gavin Ferlic, Chairperson Oliver Davis, Member Regina Williams-Preston, Vice-Chairperson Randy Kelly, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Office of Community Affairs and is charged with facilitating partnerships & ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson Gavin Ferlic, Member Randy Kelly, Vice-Chairperson Karen White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. It duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Tim Scott, Member Dr. David Varner, Member Jo Broden, Member Karen White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Jo Broden, Chairperson Oliver Davis, Member John Voorde, Vice-Chairperson Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE Oversees the various activities of the City’s Division of Information Technologies in the Department of Administration & Finance so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability & access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Dave Varner, Member Gavin Ferlic, Vice-Chairperson Randy Kelly, Member PARC COMMITTEE (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Coveleski Regional Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, and the many recreational and leisure activities offered by the Department of Parks and Recreation. Randy Kelly, Chairperson Oliver Davis, Member Dr. Dave Varner, Vice-Chairperson John Voorde, Member 2017 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-4-17) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations & other fiscal matters, as well as personnel policies, health benefits & related matters. Karen L. White, Chairperson Regina Williams-Preston, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works & related public works & property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Randy Kelly, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities & issues related to neighborhood development & enhancement. Karen White, Chairperson Regina Williams-Preston, Member Jo Broden, Vice-Chairperson John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Dr. David Varner, Chairperson Randy Kelly, Member Oliver Davis, Vice-Chairperson Regina Williams-Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo Broden, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott Dr. David Varner 2016 COMMON COUNCIL STANDING COMMITTEES (Rev.01-4-17) TIM SCOTT, 1ST District Council Member PRESIDENT Information and Technology, Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member REGINA WILLIAMS-PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member RANDY KELLY, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Community Relations Committee, Vice Chairperson Information & Technology Committee, Member Public Works & Property Vacation, Vice Chair Utilities Committee, Member JO BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Council Rules Committee, Member Residential Neighborhood Committee, Vice-Chairperson Public Works & Property Vacation, Member Zoning & Annexation Committee, Member DR. DAVID VARNER, 5TH District Council Member Utilities Committee, Chairperson Information & Technology Committee, Member PARC Committee, Vice-Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member OLIVER DAVIS, 6TH District Council Member Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Community Relations Committee, Member Information & Technology Committee, Vice-Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Council Rules Committee, Member Health & Public Safety Committee, Member JOHN VOORDE, AT LARGE Council Member Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member Health and Public Safety, Vice-Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member 13 Tit Al City of South Bend Common Council 11365- 441County-City Building • 227 W.Jefferson Blvd 574) 235-9321 South Bend,Indiana 46601-1830 Fax (574)235-9173 TDD: (574)235-5567 Tim Scott http://www.southbendin.gov President August 9, 2017 Oliver Davis South Bend Common Council Vice-President 4th Floor, County-City Building South Bend, IN 466o1 Filed in Clerk's Office Gavin Ferlic Chairperson,Committee AUG 0 9 2017of the Whole Re: Proposed Tax Abatement Amendment Tim Scott KAREEMA9( r5VILER First District Dear Council Members: CITYCLERK,SO: T,-!F;, N!D; IN Regina Williams Preston I am filing the attached proposed ordinance amendment for section 2, Second District Article 6, section 2-76.3 of the municipal code with the Office of the City Clerk. The proposed amendment adds the requirement that applicants Randy Kellyfor a base abatement be required to pay all company employees (full- Third District time, part-time, seasonal and temporary) a minimum wage at least as Jo M. Broden high as the minimum wage paid to all employees of the City of South Bend. Fourth District David Varner The proposed ordinance will have first reading by the Common Council Fifth District on August 14, 2017. Oliver Davis Thank you for your consideration. Sixth District Gavin Ferlic Sincerely Yours, At Large John Voorde n At Large Karen White Regia Williams-Preston At Large South Bend Common Council Member BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING A SECTION OF CHAPTER 2,ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS STATEMENT OF PURPOSE AND INTENT The Mayor of South Bend has stated that"Raising the minimum wage of our city employees can increase morale and productivity, while cutting turnover. It's also good economics, sincecity workers are consumers at local businesses. . . Most importantly, it's the right thing to do for hardworking public servants." The Mayor noted that this wage applies to all City employees, part-time, temporary, and seasonal, as well as full-time employees. Since a tax abatement is a subsidy to employers from the City and is intended to improve the economic environment of the City of South Bend, it is incumbent upon companies receiving tax abatements from the City to pay their employees at least as well as the City pays its employees. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 2, Article 6, Section 2-76.3 is hereby amended by adding paragraph(6),to read as follows: Sec. 2-76.3. Base abatement. A base abatement("base abatement") is an abatement for three (3) years in the case of real property other than single-family residential, five (5) years in the case of real property that is single-family residential, and five (5) years in the case of personal property. The Council may grant a base abatement to an applicant who fulfills the following requirements: 6) The applicant must pay all company employees (full-time,part-time, seasonal, and temporary) a minimum wage at least as high as the minimum wage paid to all employees of the City of South Bend. SECTION II. This Ordinance shall take effect upon passage by this Common Council, approval by the Mayor, andany publication required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this day of 2017. Member, Common Council of the City of South Bend ATTEST: Kareemah Fowler, Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City for his approval on the day of 2017, at o'clock m. Kareemah Fowler, Clerk Having examined the foregoing Ordinance, I do now, as the Mayor of the City of South Bend, approve said Ordinance and return the same to the Clerk of the City of South Bend this day of 2017. Pete Buttigieg, Mayor Filed in Clerk's Office AUG 09 2017 1 CITY C! FRK;SOOT 1 SEEr), IN 1200 COUNTY-CITY BUILDING OUTB,PHONE 574/235-9241 227 W.JEFFERSON BOULEVARD FAx 574/235-7670 SouTH BEND,INDIANA 46601-1830 TTY 574/235-5567 d W eEn c e y r jam- -_5 CITY OF SOUTH BEND PETE BUTTIGIEG,KAYOR DEPARTMENT OF LAW STEPHANIE STEELEAI.ADEAN M.DEROSE CORPORATION COUNSEL CITY ATTORNEY September 7,2017 Filed in Clerk's Office Mr.Tim Scott CEP 0 7 President,South Bend Common Council 4thFloor,County-City Building KAREEMAH FOWLER South Bend,IN 46601 CITY CLERK,SOUTH BEND, IN Re: Bill No. 53-17 Amending Municipal Code Regarding Solid Waste--Substitute Dear Council President Scott: On the Council's agenda for Monday, September 11, 2017 will be the captioned Bill No. 53-17 addressing procedures and fees related to trash,refuse and other solid waste collection and disposal. Since the time this Bill was filed on August 23,2017,a few minor matters were identified that should be and have been changed within the Substitute version of Bill No. 53-17,attached. The Statement of Purpose and Intent has been slightly revised. The other changes have been highlighted in yellow for your convenience, and they include two clarifications, one regarding the discount for persons age 65 and over, and one regarding the duration of a disability. The word "pick up" has been changed throughout to include a hyphen,i.e., " pick-up."Two other changes were made to correct what was and was not part of the original text. For simplification,the old rate chart has been stricken,and replaced with a new chart although no change has been made to the dollar figures in the originally filed ordinance. Other than these few items,Bill No. 53-17 is substantially the same as originally filed. Thank you for your consideration. Sincerely, Aladean M.DeRose,City Attorney ELLIOT A.ANDERSON DANIELLE K. CAMPBELL ASHLEY MILLS COLBORN BENJAMIN J.DOUGHERTY MICHAEL J. SCHMIDT Substitute Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 16, ARTICLE 2, SECTIONS 16-6 THROUGH 16-9,AND 16-12; ARTICLE 3,AT SECTION 16-24; ARTICLE 6,AT SECTION16-48(m); ARTICLE 8,AT SECTIONS 16-55-56 AND 16-59 (b), TO ADDRESS PROCEDURES AND SPECIAL FEES RELATED TO TRASH, REFUSE,AND OTHER SOLID WASTE COLLECTION AND DISPOSAL STATEMENT OF PURPOSE AND INTENT In recent years, the City enacted changes to its trash, refuse and solid waste ordinance, contained within Chapter 16 of the South Bend Municipal Code, most recently, in 2015 (Ord.No. 10400- 15 and 10401-15) to require use of yard waste containers. Since these recent ordinance amendments, the City has identified inefficiencies and abuses with the collection and disposal process. This ordinance clarifies and reorganizes the fee structure, reduces the fee for yard waste collection,and introduces a return trip and contamination fee to address some ofthe problems that have arisen. This ordinance also clarifies and improves the language of pertinent sections of the South Bend Municipal Code. It is in the best interest ofthe City that this ordinance be adopted. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 16, Article 2, Sections 16-6 through 16-9 and Section 16-12 of the South Bend Municipal Code shall be amended to read in their entirety as follows: CHAPTER 16 - REFUSE ARTICLE 2.- COLLECTION AND DISPOSAL Sec. 16-6. - Collection of residential refuse; exceptions; fees. Page 1 a) The City shall have exclusive jurisdiction over and the exclusive right to control the collection and disposal of residential refuse within the boundaries of the City of South Bend. The City may exercise its exclusive jurisdiction and right to control residential refuse by providing collection and disposal services itself, or the City may, through its Board of Public Works, contract with or formally permit others to provide collection and disposal services on its behalf. No residential refuse, as defined in this Chapter, shall be collected or disposed of except by the City or by a person or company under contract with or permitted by the City to provide such services. b) Exceptions and exemptions: 1) Nothing in this Chapter shall prevent any person who generates or produces residential refuse on property owned or leased by such person from separating recyclable materials from such residential refuse and either; ( 1) maintaining title to such recyclable materials for his their own use; or (2) disposing of such recyclable materials by participating in a recycling program; or by sale or gift; provided, however, that such separation and disposition neither creates a public nuisance, nor is otherwise injurious to the public health, welfare and safety. 2) Nothing in this Chapter- shall prevent a pefsen ffem pufoha iving by gi-ft eeyelaemater-ials fe or- other-provided,heiV-o,., *. violation of4his speoettin- i". for-any per-son to seavenge of fvfneve reeyelables ftem or- near- bins„laee d F r r a 1 of reeyelab! t,.,t he (`: ractef. L2)(-3) Nothing in this Chapter shall prevent the removal from residential premises of discarded building materials, trees, brush and other vegetation resulting from the activities ofbuilding contractors,commercial tree trimmers or commercial lawn services; provided,however,that such residential refuse so removed that falls within the definition of yard waste shall either be disposed of at the City's Organic Resource Facility as provided in article 4, below, collected by the City or shall be otherwise recycled in a manner approved by the Director ofthe Department ofPublic Works. L3)(4) Nothing in this Chapter shall prevent a person from contracting with a private contractor for the removal of appliances, furniture,tree limbs, demolition debris or other waste that would require special equipment or special scheduling for removal by the Bur-ea Division of Solid Waste. c) The City shall charge the owner or occupant of each occupied residence within the City for the collection and disposal ofresidential refuse according to the following schedule: 1) Rates and Charges MONTHLY DATE 2416 2n Within City of South Bend Limits: Family Dwellings: Page 2 One family .7..ells,t 1 •cam 12.48 Twofamily dwelling" 18.06 (l) 19.57 free-Family dwell" 2" FourFamily D'6 eltcniirg?t-* 3 1 33.76 memo.t at",* 6.91 (l)7-49 r',,,,,,,,er-ea l 13.82 16.22 Outside City of South Bend r ifn ts. Residential 13.8216.22 Residential Uenie 5.64 9-36 Additional Trash Co tame-(„o r „ tame r)6-.5--SJ 7-.0-9 Yard Waste Bin**** 16.08 16.00 MONTHLY RATES One-family dwelling 12.48 One- family dwelling Outside City of South Bend Limits 16.22 Two-family dwelling** 19.57 Three-Familydwelling** 26.66 Four Family Dwelling** 33.76 Senior rate***7.49 Senior rate*** OutsideCity of South Bend Limits 9.36 Commercial 16.22 Yard Waste Weekly Service**** Page 3 Additional Trash Container(per container) 7.09 Additional Yard Waste Container(per container) ** 2.00 Fees Per Incident Tote Replacement Fee 50.00 Special Trash Collection per cubic yard 20.00 Special Yard Waste Collection per cubic yard 10.00 ReturnTrip Fee 10.00 Contamination Fee 10.00 Administrative Fee 10.00 Until further amended. With one water meter. Where one resident/occupant of the account the head of the household has submitted to the Board ofPublic Works proof of address and proof of being age sixty-five (65) or older.No owner age 65 or older of multiple properties may claim more than one senior discount. Annual eCharge for the_yard waste season which is billed monthly for weekly service during the months of April through November eight (8) months of the y 2) The City shall provide, contract with others, or, by permit, allow others to provide specialized collection services,which allow for collection of residential refuse from areas other than curbside or alley side.Ifthe City provides specialized collection services,itself, or by contract with others, the monthly charge for such service shall be set by the South Bend Common Council. If specialized collection services are provided by a permittee of the City,the monthly charge shall be subject to negotiation between the customer and the permittee; and such fee shall be collected by the permittee. The services provided by the permittee shall be governed by rules and regulations adopted by the Board of Public Works. 3) The City may provide or contract with others to provide curbside collection of recyclables. If such collection is performed by the City, the fee for such service may be set by the Board of Public Works after a public hearing to a fee reflective of the actual cost to the City of providing such service. If the service is performed by a contractor selected pursuant to a public bid process, the monthly fee for such service to the public Page 4 may be determined by the bid or may be set by the Board of Public Works as getout above. 4) Special Collection, such as the pick-up of appliances, furniture and other miscellaneous items: Appliances, furniture and other miscellaneous items which, in the opinion of the Director manager of the Division of Solid Waste Bureau-of Solid-Waste, require special equipment or special scheduling, shall be picked up by the City from residential customers subject to the following charges: 1) Each month, the first large item or cubic yard for example, appliance, sofa, etc.) shall be free. Each additional item or cubic yard shall follow the rate structure set forth in Sec. 16-6(c)(1). ....No Charge 2) Second large item or- 1,eubie yard of eonstr-uetion and demolition debris .....$ 10. 3) Per cubie yard .....2-9:80 4)Per--truck load (18 ubieyards) ..... 420 nn The Director of the Division of Solid Waste Manager o f the Bureau of Solid W.,+o shall, upon request,provide the customer with an estimated removal cost. In such a case, the items will be removed by the Division Bureau only after acceptance by the customer of the estimated removal costs. d) mannerset fofth—in-See=. 4gE^) OJ.. The City shall charge the oeeupant of eaeeymer eeeupied single family r-esidenee and individual unit within a multifainily r-esidenee of" to four(4)units the sum of ene dollar and ninety seven eents($ 1.97)per-mefi4h for the collectio of r-eeyelables-. Charges for- City colleetion of residential refuse and reeyelables shall be added to the residential unit's water meter eharges and colleeted as are bills for-water ser-viees. djff) It is the responsibility of the owners, occupants or tenants of abutting property to keep all alleys used by any sanitation vehicles clean, orderly and passable at all times. Sec. 16-7.- Collection of refuse; commercial and industrial. a) The collection of refuse and a proper system for disposal of the same may be undertaken by any person, organization or corporation for all commercial, retail, industrial, professional, apartment, institutional or governmental units subject to the provisions of this Chapter and under the supervision of the Department of Public Works. The term "apartment units" as used in this section refers to multi-building apartment complexes and to individual apartment buildings with more than four(4) separate apartments or living units per building. b) It is the responsibility ofevery owner,tenant or lessee to provide a proper system for collection and disposal of refuse for all commercial, retail, industrial, professional, apartment, institutional, or governmental units at least once a week subject to the provisions of this Chapter. c) The collection of commercial or industrial waste, refuse, trash and garbage of any kind, type or nature shall not be the responsibility of the City, but if the City elects to may engage in such collection activities, the fee shall be set by the Board of Public Works. Page 5 Sec. 16-8. - Use of any City-furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste; and required use of City-furnished yard waste containers; paper or other biodegradable bags. a) Each single family, two family, three family and four- family dwelling shall be provided b) the City with e (1) solid waste „t er for a., 1, family »r;* It shall be the duty of the dwelling occupant to keep the cover ofthe this container tightly fitted when refuse is contained in the container, and to remove the container from the collection site promptly after collection by the City and no later than twenty-four (24) hours thereafter. No container other than the one provided by the City shall be used for solid waste removal, and all refuse must be placed in the container and moved to the place of pickup by 6:00 a.m. on the designated collection date. If the customer does not receive the regularly scheduled weekly service through no fault of the City, customer shall be charged a "Return Trip" fee as set forth in Sec. 16-6(c)(1). Should the solid waste refuse of a dwelling habitually exceed the limits ofthe furnished solid waste container, the City may require the dwelling occupant to use a second City-furnished container or the dwelling „_t na t may ehoese to , seeend City fum hed .....,taine r----- may i s,«+ < V11lUllltr at the rate set forth in Sec. 16-6(c)(1) additional charge of six dollars and fifty f= e cents 6 55) tl, (' 201 6) .1 , n„ dollars and nine is(Q'7 09)p .,n4 (in 2017 and thereafter-) on a mandatofy year to year-basis as provided in Subseetion (d) ofthis seeti 4 , r J I per•iv b) No person shall deposit refuse in any solid waste container in a manner which prevents complete closure ofthe container's cover or deposit refuse on top ofsuch container in a manner that interferes with opening ofthe container, nor shall any person pile or stack refuse against such a container. No person shall deposit refuse in any solid waste container that will contaminate the waste stream. Should it be determined by the City's Solid Waste Division that the customer deposited contaminate in the solid waste container, the customer shall receive a warning from the City's Solid Waste Division. Ifthe customer continues to deposit such contaminate customer shall be charged a contamination fee as set forth in Sec. 16- 6c 1 c) It is the duty of a dwelling occupant to maintain the container in clean condition after each removal ofcontainer contents and to remove any litter from the area surrounding the container. d) The initial container furnished to owners,agents or occupants of dwellings as provided in this section shall be free of charge.New or subsequent dwelling owners,agents or occupants,shall pay an initial nonrecurring service fee o f ten do1lars ($10.00) set forth in Sec. 16-6(c)(1), to cover the City's administrative cost ofdelivery and furnishing the refuse container. Should a container become substantially damaged or otherwise incapable of effective use through no fault ofthe City, a new container may be provided at the actual tote replacement fee set forth in Sec. 16-6(c)(1), eat. Any dwelling unit using more than one (1) refuse container or habitually having refuse exceeding capacity ofthe furnished container shall be required to use lease a second container at the rate set forth in Sec. 16-6(c)(1). In the event that a tote is stolen, and the resident is able to provide evidence of a police report related to such theft, the City shall supply one (1) free replacement tote per calendar year. The tote is expected to remain at the dwelling. Should the customer move the customer is expected to either contact the City's Solid Waste Division and arrange for a pick- up of the tote or leave the tote at the Page 6 dwelling.year to year term at the lease ateo f six dollars and fifty five eeu+w ($ 6.55)p° month (in 2016), and seven dollars and nine eents ($7.09)pef menth(in 2017 and ther-eafter-). r e) Disabled persons or persons needing assisted service who satisfy the following conditions are exempt from the requirement that refuse containers be taken to the curb for emptying on the designated collection dates, and for such persons,the containers may be placed at the front of the dwelling. To be exempt a disabled person or a person needing assisted collection must provide the following to the Director of Solid Waste within one (1) year of seeking assisted service: 1) Submit physician's written statement attesting to customer's inability to physically move container to the curb for collection and return it after collection and the probable duration of that disability; and 2) Submit customer's written, signed statement that there is no person in the household who is able to physically move the container to the curb for collection and return it after collection. f) Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and recycling at the City's Organic Resource Facility provided it is placed in containers furnished by'°a° na-the City. Each owner,occupant or lessee ofany single or multifamily dwelling shall separate and keep separate any yard waste from the remainder of the residential refuse for collection. As of April 1, 201-6 Yyard waste shall not be placed in plastic bags for collection. Such yard waste shall be placed in containers furnished by leased€rem the City,or may be placed for special pick-up only, in paper or other biodegradable bags. Additionally, special pick-up may be scheduled for any tree limbs and brush of a diameter of less than four 4) inches which shall be bundled together in lengths of forty-eight(48) inches or less, or feF tree limbs and b____h in exeess of these a' or for large quantities of yard waste, excluding tree limbs in excess of six inches in diameter and stumps. Nothing in this section shall prohibit any person from recycling yard wastes on their own property for their own use or from giving such yard waste to another for recycling or use; provided, however, that such recycling neither creates a public nuisance nor is otherwise injurious to the public health, welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves in a neat and careful manner in the tree lawn or any street in the autumn during the period designated by the Department of Public Works for collection. g) Conuneneing T r-y 1, 2016 the ovine:, Oeccupant or lessee of any single or multifamily dwelling who desires City service ofweekly yard waste pick=up and removal must participate in the City's yard waste program and use a City issued yard waste container. lease from +'° City a yard waste container with eapacity for- either feFty five (45) or ninety six (96) gallons of yard +°was per- month for- the months of April thfough Novembef, or- sixteen dollars ($16.00) per Should such eentainer beeome substantially damaged or-other-wise ineapable of effeetive use t, L, no fault of the City,the r°;. a°„+ lessee may be fesp„nsibl°fo f the lace ent of heLllt replacement111 y eentaineF at aetual ees Yard waste not placed in a City issued containers!eased fof,the City will not be eligible for weekly pick-up and will be eligible only for special pick-up scheduled by the owner, occupant or lessee of any single or multifamily dwelling. Page 7 h) The owner,occupant or lessee of any single or multifamily dwelling who desires special pick- up of yard waste shall schedule such pick-up with the City's Solid Waste Division Organic Resource Faei ity through the 311 Call Center subject to the following charges set forth in Sec. 16-6(c)(1). month basis: 1) Each month, the first large item or cubic yard (equates to 10 thirty-gallon paper bags) shall be free of charge Each additional item or cubic yard shall follow the rate set forth in Sec. 16-6(c)(1).. 1) Up to one (1) cubie yard (equivalent of ten (10) thigy (30) gallon garbage bags).. eharge 3) Each cubie yard or more than one half 1 Sec. 16-9.-All residential waste collections excluding special trash or yard waste., ineluding garbage Garbage ,a tray, to be ..peered in „tame,. .,n! Collections by the City shall be made only ofresidential refuse that is contained in City issued containers or as otherwise set out in section 16-8, above. In no event shall City collectors pick up, rake or sweep up garbage or household trash from the ground, except as provided in section 16- 57. Sec. 16-12. - Placement of garbage,yard waste, recycling and trash containers for collection. a) Containers for residential refuse shall be placed in such places as to be readily accessible for the removal or emptying by the City and placed in such a manner and in such a place that such containers will not constitute a public nuisance in any respect. b) Where alley collections are to be made as exceptions to curbside collection, such containers shall be placed within five (5) two 2 feet of the alley line at the time and day of collection, but shall not atany time be placed within the limits ofthe alley itself. in these where, in the opinion of the Department of Publie Works, eelleetion by alley is not pr-aefieal or- fe ible, or- in these areas w-heFe no alleys exist at all, the eentainer-s shall be plaeed for collect'- i : Works. c) In these -_____ ..h__- alley --'-'---+.-_is not available and-curbside collection refuse containers are alley to be placed within two (2) feet of the curb, on the front yard or tree lawn for collection, such containers shall not be placed on the front yard or tree lawn area before 12:00 noon on the day prior to collection,and must be removed from the front yard or tree lawn area on the day of collection. Placing or leaving refuse containers on such areas at any other times shall constitute a public nuisance under Section 16-53 ofthis Chapter. d) Residential refuse shall be placed for collection at the residence at which it was generated. It shall be a violation of this section for any person to place refuse for collection by the City or its contractor that was not generated at that residence or by the occupants or guests of that residence. Page 8 SECTION II. Chapter 16, Article 6, Sections 16-48(m) of the South Bend Municipal Code shall be amended to read in its entirety as follows: ARTICLE 6. -DISPOSAL SITES AND SANITARY LANDFILLS Sections. 16-40-47 No changes) Sec. 16-48. - Sanitary landfill operation requirements. Subparts (a)through (1), and (n)through (q)—no changes ) m) Scavenging shall be permitted only if salvaged material is removed from the site daily and does not interfere with the orderly operation ofthe landfill. This Section in no way precludes the right ofa landfill operator to prevent scavenging as a part oftheir h6 operational standards. SECTION III. Chapter 16, Article 8, Sections 16- 55, 56, and Section 59 (b) of the South Bend Municipal Code shall be amended to read in its entirety as follows: See. 16-55. - Notice prior to abatement by City. The Board ofPublic Works or its designee shall give forty-eight(48)hours'notice,in writing, to remove from any real or personal property within the City any object or condition which is deemed to be a public nuisance under Section 16-53 of this article. Such notice shall be given to the owner of record or their his agent, and to any tenant or occupant of the property upon which nuisance exists. Notice to the record owner may be mailed to their his last known address. Notice to any tenant or occupant may be given by posting same in a prominent place upon the premises where the nuisance is located. Sec. 16-56. - Failure to comply with notice to abate. Failure,neglect,or refusal by the record owner or their his agent,or the tenant or occupant,to comply with the terms of the notice given pursuant to Section 16-55 shall constitute a violation of this article. Each day's failure, neglect or refusal to abate the nuisance following notice pursuant to Section 16-55 shall constitute a separate offense under this Article. Sec. 16-59. -Removal of vegetation. a) Definitions. As used in this section, "weeds and rank vegetation" means grass and weeds over nine (9)inches high, but not including small trees and bushes. b) Notice. The Department of Code Enforcement shall give forty-eight (48) hours' notice, in writing, to remove from any real or personal property within the City weeds and rank vegetation. Such notice shall be given to the owner of record or their his agent and to any tenant or occupant of the property upon which the weeds and rank vegetation exists. Notice to the record owner may be mailed to the last known address of the record owner. Notice to any tenant or occupant may be given by posting the same in a prominent place upon the premises where the weeds and rank vegetation exists. Page 9 SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval of the Mayor and any publication required by law. Member, South Bend Common Council Attest: City Clerk Presentedby 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. Mayor, City of South Bend, Indiana Filed in Clerk's Office REF 0 7 2017 t st READING PUBLIC HEARING 3rd READING KAREENiAH FOWLER NOT APPROVED CITY CLERK,SOUS pq D,IN REFERRED GASSED 4g0UTH B 227 W.JEFFERSON BOULEVARD y PHONE:574/235-9251 SUITE 1316 U \ , ,, `? FAX:574/235-9171 SOUTH BEND,IN 46601-1830 e. { a2 x 1855 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF PUBLIC WORKS ERIC HORVATH,DIRECTOR August 23, 2017 r d in Clerk's Office Tim Scott Council President AUG 2 3 2017 South Bend Common Council 227 West Jefferson Blvd.;Suite 400 S REEI`k'IA"t-i FUWLER CITY CLERK,SOUTH BEND,IN South Bend, Indiana 46601 Council President Tim Scott, I am pleased to submit to you amendments to Chapter 16 of the Municipal Code to address procedures and fees related to Trash,Refuse and other Solid Waste collection and disposal.These changes to the Ordinance will allow City staff to be more responsive to the needs of our residents. The primary purpose of the proposed changes to Section 16 are: 1- To make the current fee structure easier to understand, 2- To add service fees that help eliminate the abuse of the program;and 3- To clarify and improve the language of pertinent sections of the South Bend Municipal Code I will be presenting this ordinance to the Council at its Committee and regular meetings, accompanied by Michael Bronstetter, Director of Solid Waste,who can answer operational questions. If you have any questions, please do not hesitate to reach out to me. Sincerely, litin Kain Deputy Director, Public Works ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 16, ARTICLE 2, SECTIONS 16-6 THROUGH 16-9,AND 16-12; ARTICLE 3,AT SECTION 16-24; ARTICLE 6,AT SECTION 16-48(m); ARTICLE 8,AT SECTIONS 16-55-56 AND 16-59 (b), TO ADDRESS PROCEDURES AND SPECIAL FEES RELATED TO TRASH, REFUSE, AND OTHER SOLID WASTE COLLECTION AND DISPOSAL STATEMENT OF PURPOSE AND INTENT In recent years, the City enacted changes to its trash, refuse and solid waste ordinance, contained within Chapter 16 ofthe South Bend Municipal Code, most recently,in 2015 (Ord.No. 10400-15 and 10401-15) to require use of yard waste containers. Since these recent ordinance amendments, the City has identified abuses and imperfections with the collection and disposal process. This ordinance, by introducing fees for special trash collection, special yard waste collection,return trips by the City, among others,is intended to address some of the problems that have arisen. This ordinance also clarifies and improves the language of pertinent sections of the South Bend Municipal Code. It is in the best interest of the City that this ordinance be adopted. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. Chapter 16, Article 2, Sections 16-6 through 16-9 and Section 16-12 of the South Bend Municipal Code shall be amended to read in their entirety as follows: CHAPTER 16 - REFUSE ARTICLE 2. - COLLECTION AND DISPOSAL Sec. 16-6. - Collection of residential refuse; exceptions; fees. a) The City shall have exclusivejurisdiction over and the exclusive right to control the collection and disposal of residential refuse within the boundaries of the City of South Bend. The City Page 1 may exercise its exclusive jurisdiction and right to control residential refuse by providing collection and disposal services itself, or the City may, through its Board of Public Works, contract with or formally permit others to provide collection and disposal services on its behalf. No residential refuse, as defined in this Chapter, shall be collected or disposed of except by the City or by a person or company under contract with or permitted by the City to provide such services. b) Exceptions and exemptions: 1) Nothing in this Chapter shall prevent any person who generates or produces residential refuse on property owned or leased by such person from separating recyclable materials from such residential refuse and either; ( 1) maintaining title to such recyclable materials for his their own use; or (2) disposing of such recyclable materials by participating in a recycling program; or by sale or gift; provided, however, that such separation and disposition neither creates a public nuisance, nor is otherwise injurious to the public health, welfare and safety. i'ving by gift2) Nothing in this Chaptef shall pr-event a pefsen ffem puf!eha i - r-eeyelable materials fo , of other- use; pr-evided, th t it shall be violation of4his seretiown for- any per-son to seavenge or- r-emave r-ecyelables from or- near bins plaee for-r-emevalof r-ee y el., b! i. y the Gi," ra et„r L2)(3-) Nothing in this Chapter shall prevent the removal from residential premises of discarded building materials, trees, brush and other vegetation resulting from the activities of building contractors,commercial tree trimmers or commercial lawn services; provided,however,that such residential refuse so removed that falls within the definition of yard waste shall either be disposed of at the City's Organic Resource Facility as provided in article 4, below, collected by the City or shall be otherwise recycled in a manner approved by the Director ofthe Department of Public Works. 3)(4) Nothing in this Chapter shall prevent a person from contracting with a private contractor for the removal of appliances, furniture,tree limbs, demolition debris or other waste that would require special equipment or special scheduling for removal by the Bur-e a Division of Solid Waste. c) The City shall charge the owner or occupant of each occupied residence within the City for the collection and disposal of residential refuse according to the following schedule: 1) Rates and Charges MONTHLY RATES 2416 2n Within Git, of South Bend Limits: Family Dwellings: Page 2 One-family dwelling 1 12.48 One- family dwelling OutsideCity of South Bend Limits 16.22 Two-family dwelling** 18.06 (l) $19.57 Three-Family dwelling**24.61 (i) $26.66 Four Family Dwelling** 31.16 (i) $33.76 Senior rate*** 6.91 (1) $7.49 Senior rate*** Outside City of South BendLimits 9.36 Commercial 13.82 16.22 YardWaste weekly collection**** 2.00 Outside Gity of South Bend T ;,„ its• Residential Outside Bend Limitssi 13.92 16.22 Residential Senior-*** 4 Additional Trash Container(per container) 6: 54- 5 7.09 Additional Yard Waste Bin Container(per container) ****1€.00 2.00 Tote Replacement Fee 50.00 Special Trash Collection per cubic yard 20.00 Special Yard WasteCollection per cubic yard 10.00 Return Trip fee 10.00 Contamination Fee 10.00 I Page 3 Administrative Fee 10.00 Until further amended. With one water meter. Where one resident/occupant of the account*the d of the household has submitted to the Board of Public Works proof of address and proof of being age sixty-five (65) or older. Annual eCharge for the ,yard waste season which is billed monthly for weekly service during the months of April through November 2) The City shall provide, contract with others, or, by permit, allow others to provide specialized collection services,which allow for collection of residential refuse from areas other than curbside or alley side.Ifthe City provides specialized collection services,itself, or by contract with others, the monthly charge for such service shall be set by the South Bend Common Council. If specialized collection services are provided by a permittee of the City,the monthly charge shall be subject to negotiation between the customer and the permittee; and such fee shall be collected by the permittee. The services provided by the permittee shall be governed by rules and regulations adopted by the Board of Public Works. 3) The City may provide or contract with others to provide curbside collection of recyclables. If such collection is performed by the City, the fee for such service may be set by the Board of Public Works after a public hearing to a fee reflective of the actual cost to the City of providing such service. If the service is performed by a contractor selected pursuant to a public bid process, the monthly fee for such service to the public may be determined by the bid or may be set by the Board of Public Works as set-eta above. 4) Special Collection such as the pick-up of appliances, furniture and other miscellaneous items: Appliances, furniture and other miscellaneous items which, in the opinion of the Director manager of the Division of Solid Waste Blfflreau of-gelid Waste, require special equipment or special scheduling, shall be picked up by the City from residential customers subject to the following charges: 1) Each month, the first large item or cubicayrd (for example, appliance, sofa, etc.) shall be free Each additional item or cubic yard shall follow the rate structure set forth in Sec. 16-6(c)(1). ....No Charge 2) Seeond large item or- ',eubie yard of eanstmetion and demolition debris .....$ 10. 3Per-cubie yard..... The Director of the Division of Solid Waste Manager- of the Bureau of Solid Waste shall, upon request,provide the customer with an estimated removal cost. In such a case, Page 4 the items will be removed by the Division fit}only after acceptance by the customer of the estimated removal costs. d) f i4 See—. 44( 0(4. T G'+ >1shall i.ar-ge the pant of o,,emanner set zy r a i ri- b ..._ .,..---- "- "--=r-- --- ------ eeeupied single family reside ce and individual unit within a multifamily residence of up to fouf(4)units the sum of one dollar andninety seven eents($1.97)per-month for the eolleetio of r-eeye abler unit's( e) Charges for City eelleetion of residential refuse and reeyelables shall be added to the fesidential djff) It is the responsibility of the owners, occupants or tenants ofabutting property to keep all alleys used by any sanitation vehicles clean, orderly and passable at all times. Sec. 16-7. - Collection of refuse; commercial and industrial. a) The collection of refuse and a proper system for disposal of the same may be undertaken by any person, organization or corporation for all commercial, retail, industrial, professional, apartment, institutional or governmental units subject to the provisions of this Chapter and under the supervision ofthe Department of Public Works. The term "apartment units" as used in this section refers to multi-building apartment complexes and to individual apartment buildings with more than four(4) separate apartments or living units per building. b) It is the responsibility of every owner,tenant or lessee to provide a proper system for collection and disposal of refuse for all commercial, retail, industrial, professional, apartment, institutional, or governmental units at least once a week subject to the provisions of this Chapter. c) The collection of commercial or industrial waste, refuse, trash and garbage of any kind, type or nature shall not be the responsibility of the City, but if the City elects to moray engage in such collection activities, the fee shall be set by the Board of Public Works. Sec. 16-8. - Use of any City-furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste; and required use of City-furnished yard waste containers; paper or other biodegradable bags. a) L t, single family, + f '1>> th f:, :ly and four family dwelling sh ll be pr-Ovided b the Git with one (1) s o lidwaste eontainef for- e a c h family '+ It shall be the duty of the dwelling occupant to keep the cover of the this containertightly fitted when refuse is contained in the container,and to remove the container from the collection site promptly after collection by the City and no later than twenty-four (24) hours thereafter. No container other than the one provided by the City shall be used for solid waste removal, and all refuse must be placed in the container and moved to the place of pickup by 6:00 a.m. on the designated collection date. If the customer does not receive the regularly scheduled weekly service through no fault of the City, customer shall be charged a "ReturnTrip" fee as set forth in Sec. 16-6(c)(1). Should the solid waste refuse of a dwelling habitually exceed the limits of the furnished solid waste container, the City may require the dwelling occupant to use a second City-furnished container or the dwelling unit oeetipant may choose to use a second City fumished container Page 5 at the rate set forth in Sec. 16- 6(c)(1) additional el dollars and fifty five ee 6.55)per month(in 2016), .1 seven do! „a nine.r t ($7 09) month(i 2017 an thereafter) on a mandatory year-te year basis as provided in Subseetion (d) ofthis seeti i lILJ\W/ V/I 4 1 b) No person shall deposit refuse in any solid waste container in a manner which prevents complete closure ofthe container's cover or deposit refuse on top of such container in a manner that interferes with opening of the container, nor shall any person pile or stack refuse against such a container. No person shall deposit refuse in any solid waste container that will contaminate the waste stream. Should it be determined by the City's Solid Waste Division that the customer deposited contaminate in the solid waste container, the customer shall receive a warning from the City's Solid Waste Division. Ifthe customer continues to deposit such contaminate customer shall be charged a contamination fee as set forth in Sec. 16- 6(c)(1). c) It is the duty of a dwelling occupant to maintain the container in clean condition after each removal ofcontainer contents and to remove any litter from the area surrounding the container. d) The initial container furnished to owners,agents or occupants ofdwellings as provided in this section shall be free ofcharge.New or subsequent dwelling owners,agents or occupants, shall pay an initial nonrecurring service fee of ten Mims ($10.00) set forth in Sec. 16-6(c)(1),to cover the City's administrative cost of delivery and furnishing the refuse container. Should a container become substantially damaged or otherwise incapable of effective use through no fault ofthe City, a new container may be provided at the actual tote replacement fee set forth in Sec. 16-6(c)(1), test. Any dwelling unit using more than one (1) refuse container or habitually having refuse exceeding capacity ofthe furnished container shall be required to use kease a second container at the rate set forth in Sec. 16-6(c)(1). In the event that a tote is stolen, and the resident is able to provide evidence of a police report related to such theft the City shallsupply one (1) free replacement tote per calendar year. The tote is expected to remain at the dwelling Should the customer move the customer is expected to either contact the City's Solid Waste Division and arrange for a pick- up of the tote or leave the tote at the dwelling. fef a year-to year tefm at the lease rate of six dollars and fifty -five eents ($6.55)pe me h(in 2016), and seven dollars and nine eents ($7.09)per-rfienth(in 2017 and thefeafter-). e) Disabled persons or persons needing assisted service who satisfy the following conditions are exempt from the requirement that refuse containers be taken to the curb for emptying on the designated collection dates, and for such persons, the containers may be placed at the front of the dwelling. To be exempt a disabled person or a person needing assisted collection must provide the following to the Director of Solid Waste within one (1) year of seeking assisted service: 1) Submit physician's written statement attesting to customer's inability to physically move container to the curb for collection and return it after collection; and 2) Submit customer's written, signed statement that there is no person in the household who is able to physically move the container to the curb for collection and return it after collection. f) Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and recycling at the City's Organic Resource Facility provided it is placed in containers furnished bW-Asea-fronithe City. Each owner, occupant or lessee of any single or multifamily dwelling Page 6 shall separate and keep separate any yard waste from the remainder of the residential refuse for collection. As of 1, 2016 Yyard waste shall not be placed in plastic bags for collection. Such yard waste shall be placed in containers furnishedby!eased frethe City,or may be placed for special pick up only, in paper or other biodegradable bags. Additionally, special pick up may be scheduled for any tree limbs and brush ofa diameter of less than four 4) inches which shall be bundled together in lengths of forty-eight(48) inches or less, or-fer t--- limbs b_ ___a brush in of these dimensions, or for large quantities of yard waste, excluding tree limbs in excess of six inches in diameter and stumps. Nothing in this section shall prohibit any person from recycling yard wastes on their own property for their own use or from giving such yard waste to another for recycling or use; provided, however, that such recycling neither creates a public nuisance nor is otherwise injurious to the public health, welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves in a neat and careful manner in the tree lawn or any street in the autumn during the period designated by the Department of Public Works for collection. g) Eemman • january 1, 2016 the o vme , Oeccupant or lessee of any single or multifamily dwelling who desires City service of weekly yard waste pick up and removal must participate in the City's yard waste program and use a City issued yard waste container. lease from +''° City a yard waste dontainer with eapaeity for either f9rty five (45) or-ninety six (96) gallens o f yard was The fee lease rate no matter which size container- shall be two dollars ( per- month for the months of April through November, or- sixteen dollars ($16.00) per year. Should sueh container beeeme substantiafly damaged or-ethei:wise incapable of effeetive use through ne fault of the City, the T ident lessee may be responsible for-the replacement of the container-at aetu ' ces Yard waste not placed in a City issued containers!eased 40M the City will not be eligible for weekly pick up and will be eligible only for special pick up scheduled by the owner, occupant or lessee ofany single or multifamily dwelling. h) The owner, occupant or lessee of any single or multifamily dwelling who desires special pick up of yard waste shall schedule such pick up with the City's Solid Waste Division Organic Reseuree Fa : it-y through the 311 Call Center subject to the felhyAi-ng charges set forth in Sec. 16-6(c)(1). 1) Each month, the first large item or cubic yard (equates to 10 thirty alglon paper bags) shall be free of charge Each additional item or cubic yard shall follow the rate set forth in Sec. 16-6(c)(1).. 1) Up to one (1) eubie yard (Pquiyalent .of ten (10) fhjAy ( 30) gallon garbage bags).....N0 charge 2) Subsequent pickup(s) of up to one half(1A) eubie yard .....$ 10.0 3) Each eubie yard or more than one half(17) eubie yard thereafter. .....2 Sec. 16-9.—All residential waste collections excludinlz special trash or yard waste., ineluding garbage Garbage and trash to be ealleeted in eontainers on!). Collections by the City shall be made only ofresidential refuse that is contained in City issued containers or as otherwise set out in section 16-8, above. In no event shall City collectors pick up, Page 7 rake or sweep up garbage or household trash from the ground, except as provided in section 16- 57. Sec. 16-12. - Placement of garbage,yard waste, recycling and trash containers for collection. a) Containers for residential refuse shall be placed in such places as to be readily accessible for the removal or emptying by the City and placed in such a manner and in such a place that such containers will not constitute a public nuisance in any respect. b) Where alley collections are to be made as exceptions to curbside collection, such containers shall be placed within five (5)two (2) feet of the alley line at the time and day of collection, but shall not at any time be placed within the limits ofthe alley itself. In these areas where, in or- in those af!eas where no alleys exist at all, the eei#ainer-s shall be placed for- eellection i eemplianee with the nales and regulla-fiens that shall be adopted by the Depaftment of Public V c) In these areas where alley " tion is not availableand curbside collection refuse containers are allowed to be placed within two (2) feet of the curb, on the front yard or tree lawn for collection, such containers shall not be placed on the front yard or tree lawn area before 12:00 noonon the day priorto collection,and must be removed from the front yard or tree lawn area on the day of collection. Placing or leaving refuse containers on such areas at any other times shall constitute a public nuisance under Section 16-53 ofthis Chapter. d) Residential refuse shall be placed for collection at the residence at which it was generated. It shall be a violation of this section for any person to place refuse for collection by the City or its contractor that was not generated at that residence or by the occupants or guests of that residence. SECTION II. Chapter 16, Article 6, Sections 16-48(m) of the South Bend Municipal Code shall be amended to read in its entirety as follows: ARTICLE 6. -DISPOSAL SITES AND SANITARY LANDFILLS Sections. 16-40-47 No changes) Sec. 16-48. - Sanitary landfill operation requirements. Subparts (a)through ( 1), and (n) through (q)—no changes) m) Scavenging shall be permitted only if salvaged material is removed from the site daily and does not interfere with the orderly operation ofthe landfill. This Section in no way precludes the right of a landfill operator to prevent scavenging as a part oftheir his operational standards. SECTION III. Chapter 16, Article 8, Sections 16- 55, 56, and Section 59 (b) of the South Bend Municipal Code shall be amended to read in its entirety as follows: Page 8 Sec. 16-55. -Notice prior to abatement by City. The Board ofPublic Works or its designee shall give forty-eight(48)hours'notice,in writing, to remove from any real or personal property within the City any object or condition which is deemed to be a public nuisance under Section 16-53 of this article. Such notice shall be given to the owner of record or their his agent, and to any tenant or occupant of the property upon which nuisance exists.Notice to the record owner may be mailed to their his last known address. Notice to any tenant or occupant may be given by posting same in a prominent place upon the premises where the nuisance is located. Sec. 16-56. - Failure to comply with notice to abate. Failure,neglect,or refusal by the record owner or theirhi-s agent,or the tenant or occupant,to comply with the terms of the notice given pursuant to Section 16-55 shall constitute a violation of this article. Each day's failure, neglect or refusal to abate the nuisance following notice pursuant to Section 16-55 shall constitute a separate offense under this Article. Sec. 16-59. -Removal of vegetation. a) Definitions. As used in this section, "weeds and rank vegetation" means grass and weeds over nine (9) inches high, but not including small trees and bushes. b) Notice. The Department of Code Enforcement shall give forty-eight (48) hours' notice, in writing, to remove from any real or personal property within the City weeds and rank vegetation. Such notice shall be given to the owner of record or their his agent and to any tenant or occupant of the property upon which the weeds and rank vegetation exists. Notice to the record owner may be mailed to the last known address of the record owner. Notice to any tenant or occupant may be given by posting the same in a prominent place upon the premises where the weeds and rank vegetation exists. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval of the Mayor and any publication required by law. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock m. Page 9 City Clerk Approved and signed by me on the day of 2 at o'clock,in. Mayor, City of South Bend, Indiana Filed in Clerk's Office AUG 2 3 2017 KAREEMAH FOWLER CITY CLERK,_S AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 574)235-9554 FAX: ( 574)235-5541 September 7, 2017 The Honorable Common Council South Bend Filed in Clerk's Office Ofthe City of South Bend 4th Floor, County-City Building SEP 0 7 2017 South Bend, Indiana 46601 KAREEMAH FOWLER RE: Petition for Special Exception CIT`!CLERK,SOUTH BEND,IN Roel Alvarez 09/06/17 Dear Council Members: The above referenced petition of Roel Alvarez was legally advertised on August 19, 2017. The Area Board of Zoning Appeals gave it a public hearing on September 6, 2017, at which time the followingaction wastaken: Upon a motion by Ms. Schuth, being seconded by Mr. Urbanski and by a unanimous vote,the petition for Special Exception to allow a duplex in a"SF2" District, located at 1206 Dunham Street, Portage Township,zoned "SF2" 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. Sincerel , Charles C. Bulot, C.B.O. Building Commissioner CCB/cah Filed in Clerk's Office PETITION SPECIAL EXCEPTION PURSUANT 21-09.3(D) SEP 0 7 2017 AREA BOARD OF ZONING APPEALS Alvarez KAREEMAH FOWLER CITY CLERK,SO";` FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Allowing a duplex on the site will not impact the general welfare of the neighborhood. The proposed reduction in parking spaces will be sufficient to serve the site and should not affect the public health and safety of adjacent property owners and the traveling public. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The duplex will continue to be maintained as a residential structure. The adjacent property values should not be affected. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Allowing this Special Exception Use will not be out of character for the area.The proposed use will have a minimal impact on the neighborhood. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: The Special Exception use is consistent with the comprehensive plan(City Plan,2004). Goal J: Encourage sustainable growth that preserves and enhances the character of South Bend and ensures compatibility of land uses in the community. CONDITIONS OR REVISIONS: Click here to enter text. DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a FAVORABLE RECOMMENDATION i ADOPTED this 6th Day of September,2017 i MOTION SECOND RECUSED ABSENT YES NO Z MICHAEL URBANSKI Z RANDALL MATT14YS KATHY SCHUTH JOHN LESZCZYNSKI N JACK YOUNG ROBERT HAWLEY 0 O BRENDAN CRUMLISH 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 1206 DUNHAM ST. 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: 1206 DUNHAM ST. in order to permit A special Exception to allow a duplex in a "SF2" District SECTION II. 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 III. The CommonCouncil of the City of South Bend, Indiana,hereby finds that: I. 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. Member of the Common Council Filed in Clerk's Office AUG 14 2017 PMENTEO KAREEMAH FOWLER NOT APPRCY0° CITYCLERK,SOUTH BEND,IN AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 574)235-9554 FAX: ( 574)235-5541 FR n Clerk's Office September 7, 2017 The Honorable Common Council South Bend EP 07 2017 Of the City of South Bend EEMAH FOVVLER 4th Floor, County-City Building RK,SOUTH BEND,IN South Bend, Indiana 46601 RE: Petition for Special Exception New Beginnings Properties, LLC 09/06/17 Dear Council Members: The above referenced petition ofNew Beginnings,LLC was legally advertised on August 19, 2017. The Area Board ofZoning Appeals gave it a public hearing on September 6, 2017, at which time the following action was taken: Upon a motion by Mr. Urbanski, being seconded by Mr. Hawley and by a unanimous vote,the petition for Special Exception to allow a single family residence in a"MU" District, located at 602 W. Colfax Ave., Portage Township, zoned "SF2" 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. Sincerel , Charles C. Bulot, C.B.O. Building Commissioner CCB/cah PETITION Filed in Clerk's Office SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OFZONING APPEALS SEP 07 2017 New Beginnings Properties, LLC KAREEMAH FOWLER FINDINGS OF FACT CITY CLERK,SOUTH BEND,IN 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY,COMFORT, COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WELFARE BECAUSE: This special exception would in no way impede or be an inconvenience to, or affect the public health, safety, or general welfare of the neighborhood. The structure is suited for residential purposes,though the proximity ofthe structure to property lines creates practical difficulties in meeting off-street parking requirements in accordance with the current parking standards. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The house was originally designed as a single family residential home. Allowing this single family residence in an area of residential and mixed uses is fitting and should not adversely affect the adjacent property values. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: This site is in a neighborhood with a variety of residential and mixed-use development. Allowing this Special Exception Use for will not be out of character for the area. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: The proposed use is consistent with City Plan. South Bend Comprehensive Plan(November 2006) Policy H1 .1 Encourage residential developments to contain a mix of housing types,densities,price ranges, and amenities. DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a FAVORABLE RECOMMENDATION ADOPTED this 6th Day of September,2017 MOTION SECOND RECUSED ABSENT YES NO Q MICHAEL URBANSKI O RANDALL MATTHYS KATHYSCHUTH Q Q JOHN LESZCZYNSKI JACK YOUNG Q N ROBERT HAWLEY BRENDAN CRUMLISH 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 602 W. Colfax Ave. South Bend,Indiana 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, ofits intention to consider Petitions from the Board ofZoning 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 ofZoning 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: SEC TION'I.The Common Council has provided notice ofthe hearing on the Petition from the Area Board ofZoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 602 W. Colfax Ave. South Bend, Indiana 46601 in order to permit a special exception to allow a single family residence in a"mixed use district" and a variance from the required 1 offstreet parking space to none. SECTION II. Following a presentation bythe Petitioner,and after proper public hearing, the Common Council hereby approves the pertition ofthe Area Board ofZoning Appeals,a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council ofthe City ofSouth 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; I The proposed use will not injure or adversely affect.the use ofthe 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 ofthe City of South Bend Comprehensive plan; SECTION W.Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board ofZoning Appeals which are on file in the office ofthe City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common,Gouncil and approwd by the Mayor. Member of the Common Council Filed in Clerk's Office AUG 15 2017 PRESENTED KAREEMAH FOWLER NOT APPROWD CITY CLERK,SOUTH BEND, IN AAOPM f13 Tit City of South Bend Common Council 18b _,.•441 County-CityBuilding • 227 W.Jefferson Blvd 574)235-9321 South Bend,Indiana 46601-1830 Fax (574)235-9173 TDD: (574)235-5567 Tim Scott http://www.southbendin.gov President September 6, 2017 Filed in Clerk's OfficeOliver Davis South Bend Common Council Vice-President 4th Floor, County-City Building South Bend, IN 46601SEP 06 2017Gavin Ferlic Chairperson,Committee KAREEMAH FOWLERof the Whole Re: Proposed Resolution Regarding South S o 1W"H,E IN Tim Scott Neighborhood First District Dear Council Members, Regina Williams Preston Second District Greetings. Please kindly consider supporting this resolution which is a request of the South Bend Redevelopment Commission by the South Randy KellyBend Common Council regarding the upcoming decision that pertains Third District to using $ 25 million dollars to help finance the Double Tracking of the South Shore Line with respect to the People who live in the Ardmore Jo M. Broden Neighborhood. Fourth District David Varner Fifth District Sincerely, Oliver Davis Sixth District Gavin Ferlic At Large Karefi L. White Common Council VicePresident Councilmember At Large At Larrggee John Councilmember 6th District Karen White At Large R1kX6k_ M D c—, 4/, L Regina PrestonJohn oor e Councilmember 2nd District Councilmember At Large BILL NO. 17-56 RESOLUTION NO. A RESOLUTION BY THE SOUTH BEND COMMON COUNCIL ADDRESSING THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION UTILIZING THE RIVER WEST TIF DISTRICT OF SOUTH BEND FOR THE $25 MILLION DOLLARS TO HELP FINANCE THE DOUBLE TRACKING OF THE SOUTH-SHORE LINE WITH RESPECT TO THE PEOPLE WHO LIVE IN THE ARDMORE NEIGHBORHOOD Whereas, Ardmore is an unincorporated community in Portage Township, St. Joseph County, on the northwest side of South Bend, Indiana-https:Hen.wikipedia.org/wiki/Ardmore, Indiana; and Whereas, the re-routing ofthe South Shore line tracks would cause a great burden both financially and emotionally to the current residents of the Ardmore Neighborhood. The proposed plan to move the tracks would cause a relocation of many ofthe long term residents which would bring both the emotional and financial burdens, with various local reports expressing that an estimated 35 to 40 homes in the Ardmore Neighborhood area would have to be acquired to accommodate a re-routing of the railroad's approach to the terminal at the SouthBend International Airport- http://www.wndu.com/content/news/230-LIVESTREAM-South-Shore- reroute-media- briefing-434523923.html; http://www.wndu.com/content/news/South-Shore-project-moves- forward-with-local-funding-429723993.html; and Whereas,the residents of the Ardmore Neighborhood have a petition, which has over 300 signatures in hopes that South Shore organizers might take a look at the actual people living in those homes which could be affected by the re-routing of the South Shore line tracks - http://www.abc57.com/news/ardmore-neighborhood- group-fights-to-save-homes-from-south-shore-rerouting; and Whereas, various City, County and Business Leaders say they have a prime opportunity to change the modest population growth in our area, which has grown for each of the past four years, but has trailed the State of Indiana's growth rate, by double-tracking part of the South Shore Line, which would eliminate the need for the passenger line to wait for oncoming freight trains, and realigning the South Shore's approach to South Bend International Airport - http://www.southbendtribune.com/news/local/south-bend-stjoseph-county-will-commit- millions-for-faster/article 22b2d4cl-4737-5855-b9cf-f75830484bI Lhtm; and Whereas, South Bend Mayor Pete Buttigieg shared that the City of South Bend would tap its River West TIF district for the $25 million dollars to help finance the double-tracking part ofthe South Shore Line, which would eliminate the need for the passenger line to wait for oncoming freight trains, and realigning the South Shore's approach to South Bend International Airport. The City of South Bend would try to later get the money reimbursed fromfederal sources - http://www.southbendtribune.com/news/politics/stjoseph-county- money-for-south-shore-double-tracking-in/article 74481930-ad94-5cOa-a221-4c6de143d806.html; http://www.southbendtribune.com/news/local/south-bend-stjoseph-county-will-commit-millions-for- faster/article 22b2d4c1-4737-5855-b9cf-f75830484b1 l.html; and Whereas, South Bend Mayor Pete Buttigieg, when asked whether reducing the trip by 10 minutes is worth$ 25 million, expressed, " The answer is in the economic impact,"he said. " We're talking about a game changer for economic growth. It's hard to think of something that would have a bigger potential bang for the buck than something like this,"he said. " We recognize it's not a small commitment, especially for the county with some ofthe pressure it's under fiscally, but we also see the return on investment that could make it one of the bestbets we've ever placed." - http://www.southbendtribune.com/news/local/south-bend-stjoseph-count will-commit-millions-for-faster/article 22b2d4cl-4737-5855-b9cf-f75830484bl l.html, and Whereas, it is believed that there are ways to promote the South Shore Line plans for faster transportation service between the cities of South Bend and Chicago, which is for the betterment of the residents who live in the City of South Bend as it relates to their transportation needs and at the same time promote saving the homes in the Ardmore Neighborhood, which is in keeping with the South Bend Common Council's Mission Statement: To make certain that our City Government is always responsive to the needs of our residents &that the betterment of South Bend is always our highest priority - http://wsbt.com/news/local/study- underway-to-help-the-south-shore-line-reroute-and-decrease-ride-time; https://www.southbendin.gov/govemment/department/common-council. The following actions are respectfully being requested ofthe South Bend Common Council to the South Bend Redevelopment Commission for its thoughtful consideration: Section I. That the $25 million dollars of tax funds from the River West TIF Fund be solely approved with the understanding of the following specifics: That the decision regarding the rerouting ofthe South Shore Tracks includes the rerouting plan which best promotes the preservation of the houses in the Ardmore Neighborhood area as determined by two or more firms who have expertise in the areas of architectural, engineering and surveying industry and with the public involvement with the Ardmore Neighbors who are affected by the rerouting plans; That if any house in the Ardmore Neighborhood is acquired in the rerouting of the South Shore Tracks,that those affected would be made financially whole as it relates to their relocation process needs; That the City of South Bend will assure the citizens ofthe River West TIF district that any of the TIF tax funds which are used to reroute the South Shore Tracks will be reimbursed to the River West TIF district from state and/or federal sources within a time frame not to exceed three years. Section II. This resolution shall be enacted upon the passage of the South Bend Common Council and signed by the Mayor of South Bend, Indiana I I Oliver J. Davis, 6"DistrictKaren L. White,At Large Common Council Vice President I I Regina Williams Preston,2°d DistrictJohn Voorde,At Large Filed in Clerk's Office BEN 06 2017 PRESENTED NOT APPIM KAREEMAH FOWLER CITYCLERK,SOUTH BEND, IN LAWRENCE P. MAGLIOZZI EXECUTIV E D IRECTOR Angela M. Smith Deputy Director A COMMISSION OF ST. JOSEPH COUNTY, IN 22 7 W. JEFFE RS ON BLVD., ROOM 1140 COU NT Y-C ITY BUILDI NG, SOUTH BEND, IND IANA 46601 (5 7 4) 235-9571 September 1, 2017 Filed in Clerk's Office South Bend Common Council SEPO7 4t`Floor, County-City Building South Bend, IN46601 KAREEMAH FOWLER CITY CLERK,SOUTH REND, IN RE: Rezoning for 3333 N. Kenmore Street, South Bend, IN APC#2840-17 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your September 11, 2017 Council meeting, and set it for public hearing at your October 23, 2017 Council meeting. The petition is tentatively scheduled for public hearing at the October 17, 2017 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincer ly, Da id M Stanton, Jr. Planner CC: Bob Palmer S ERVING ST. JO SE PH COUNTY, SO UTH BEND, LAKEVIL LE, NEWCAR LISLE, NORTH LIB ERTY, OSCEOLA & RO S E LAND W W W.S TJ OS E P H C O U N T Y I N D I A N A.C O M/A R E A P L A N ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3333 N. KENMORE ST, COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Manufacturing Pharmaceutical and Consumer Products NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1 . Ordinance No. 9495-04, is 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: PARCEL 1 : A PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST QUARTER OF SAID SECTION 28, THENCE SOUTH 89°48'05" WEST (THE BEARING OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 28 IS ASSUMED NORTH 90°00'00" WEST), A DISTANCE OF 1 ,345.00 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER: THENCE SOUTH 00022" WEST, A DISTANCE OF 50.00 FEET TO THE WESTERN BOUNDARY OF KENMORE STREET AND THE POINT OF BEGINNING; THENCE SOUTH 000'23" WEST, A DISTANCE OF 146.47 FEET ALONG THE WESTERN BOUNDARY: THENCE SOUTHERLY ALONG SAID BOUNDARY 297.10 FEET ALONG AN ARC TO THE LEFT HAVING A RADIUS OF 1 ,949.86 FEET AND SUBTENDED BY A LONG CORDHAVING ABEARING OF SOUTH 04°21'31" EAST AND A LENGTH OF 296.77 FEET; THENCE SOUTH 89°48'05" WEST, A DISTANCE OF 499.31 FEET: THENCE NORTH 00 002'41" EAST, A DISTANCE OF 452.50 FEET TO THE SOUTH BOUNDARY OF CLEVELAND ROAD; THENCE NORTH 89°48'05" EAST, A DISTANCE OF 466.42 FEET ALONG SAID SOUTH BOUNDARY: THENCE SOUTH 45005'46" EAST, A DISTANCE OF 14.12 FEET TO THE POINT OF BEGINNING, PARCEL 2: A PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 89 048'05" WEST (THE BEARING OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 28 IS ASSUMED NORTH 90°00'00" WEST), A DISTANCE OF 1821 .42 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 0 000'23" WEST, A DISTANCE OF 40.00 FEET TO THE NORTHBOUNDARY OF CLEVELAND ROADAND THE POINT OF BEGINNING; THENCE SOUTH 0°02'41" WEST A DISTANCE OF 452.50 FEET; THENCE 89°48'05" WEST A DISTANCE OF 391.24 FEET; THENCE NORTH0 002'41" EAST A DISTANCE OF 452.50 FEET TO THE SOUTH BOUNDARY OF CLEVELAND ROAD; THENCE NORTH 89°48'05" EAST A DISTANCE OF 391.24 FEET ALONG SAID SOUTH BOUNDARY TO THE POINT OF BEGINNING. be and the same is hereby established as GI GENERAL INDUSTRIAL DISTRICT. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. 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 2 at o'clockM. City Clerk Approved andsigned by me on the day of 2 at o'clock M. Filed in C'lerk's Office 1 Sr RE,,— Mayor, City of South Bend, fndian PUBLIC HEM;;.: SEP 01 20173 rd READING NOT APPROVZZ, REFERRED KAI tEEdVIAH FC11'LER PASSED CITYCLERK,SOUTH SEND; IN PETITION FOR ZONE MAP AMENDMENT Citv ofSouth Bend,Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 3333 N. Kenmore St. South Bend, IN 46628 Filed in Clergy's office 2) The property Tax Key Number(s)is/are: 2 parcels Kev#:25-1010-0385.04 SEP o 12017 State Id#: 71-03-28-201-005.000-009 KAREI=NI;H i=0 lLER Key#: 025-1010-0385.05 CITY CLERK,SOUTH BCP9D INState Id#.• 71-03-28-201-004.000-009 3) Legal Descriptions: PARCEL L•Apart ofthe Northeast Quarter ofSection 28, Township 38 North, Range 2 East, City ofSouth Bend, County ofSt.Joseph, Indiana, described asfollows: Commencing at the Northeast Quarter ofsaidSection 28; thence South 89°48'05" West(the bearing ofthe South line ofthe Southeast Quarter ofSection 28 is assumed North 90°00'00" West), a distance of 1,345.00feet along the North line ofsaid Northeast Quarter; thence South 0°00'22" West, a distance of50.00feet to the Western boundary ofKenmore Street and the point ofbeginning; thence South 0'00'23" West, a distance of146.47feet along said Western boundary; thence Southerly along said boundary 297.10feet along an arc to the left having a radius of1,949.86feet and subtended by a longchord having a bearing ofSouth 04'21'31"East and a length of296.77feet;thence South 89°48'05" West, a distance of 499,31feet;thence North 00°02'41"East, a distance of 452.50feet to the South boundary ofCleveland Road; thence North 89°48'05"East, a distance of466.42feet along said South boundmy;thence South 45°05'46"East, a distance of14.12feet to the point ofbeginning. PARCEL II.•A part ofthe Northeast Quarter ofSection 28, Township 38 North, Range 2 East, City ofSouth Bend, St.Joseph County,Indiana,described asfollows: Commencing at the Northeast corner ofsaid Section 28;thence South 89'48'05" West (the bearing ofthe South line ofthe Southeast Quarter ofSection 28 is assumed North 90000'00" West)a distance of 1821.42feet along the North line ofsaid Northeast Quarter; thence South 0°00'23" West a distance of40.00feet to the North boundary ofCleveland Road and the point ofbeginning; thence South 0102'41- West a distance of452.50feet; thence 89°48'05" West a distance of 391.24feet;thence North 0'0241" East a distance of452.50feet to the South boundary ofCleveland Road; thence.North 89°48'05"East a distance of 391.24feet along said South boundary to thepoint oj'beginning. 4) Total Site Area: Total 9.14 acres S) Name and address of property owner(s)of the petition site: Geoff Newman ainevi,man@comcast.net 574)258-4696 F I L E D r PcatDittrich t1j7 pgl 1101711 @gmail.com 574)272-4701 F.R'E-A P As,! C M1'ao ION Name and address of additional property owners,if applicable: 6) Name and address of contingent purchaser(s),if applicable: Vilcram Shah 7ri-Pac, Inc. 17336 M-60 East Vandalia,MI 49095 Wkram.shah@tri-pac.us 269)476-2303 Name and address of additional property owners,if applicable: 7) It is desired and requested that this property be rezoned: From: LILight Industrial District Additional zoning district,if applicable To: GI General Industrial District 8) This rezoning is requested to allow the following use(s): Manufacturing Pharmaceutical and Consumer products IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1) List each variance being requested. Contact Commission Staffifyou need assistance with wording. 2) A statement on how each of the following standards for the granting ofvariances is met: a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: Insert text b) The use and value ofthe area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: Insert text c) The strict application of the terms of this Ordinance would result in practical difficulties in the use ofthe property: Insert text IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(ifnot,please skip to next section): 1) A detailed description and purpose ofthe Special Exception Use(s)being requested: Insert test 2) 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: Insert text b) The proposed use will not injure or adversely affect the use ofthe adjacent area orpronrevalu8es, therein: Insert text a 1 CE: 79P AREA Plh.l' COW'ii 610N N y Q j U 2i W LL,' dP rs J M O M 2 wn a na c i •--1 T o qu a O di U W Y P• o s i i w w b i C Cw/) LLI CC Z Z U 1 00 Z LL r vn c u p J N KENMORE ST P L----PL_—_—PL_---P L----P L___—P L __— P L PL I I I BS L d I d I I I I dI I I I I I I I I I I i r I I II I 3I' I I I II I m I I I I wI I I I I I II lz I I d IIIIIIIIIIIIIIjIIjiIB-,oiIIIoIIIIIInmlIIIaINb-- —7d----ld----ld+'---ld----7d----ld--- 7d----ld----A1----1d----7d----7d--05'ZSbImIIIIIIeIIIIIIIIIIIIIIImlIdIIIIIIIIIIIIL--------------------------IIjIisleIjjIIIIIII IIIIIIII IIIIIIH00Iozj00 =IfjdjIInI LAWRENCE P. MAGLIOZZI EXECU TIVE DIRECTOR Angela M. Smith Ucputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEF FE RSON BLV D., ROOM 1 1 40 CO UNTY-C ITY BUIL DING, SOUTH BEND, I NDIAN A +6601 (57#) 235-9571 September 1, 2017 South Bend Common Council 4''Floor, County-City Building Filed in Clerk's Office South Bend, IN 46601 SEP O 12017 RE: Rezoning for 212 East SouthStreet, South Bend, IN KAREEMAH FOWLER APC#2839-17 CITY CLERK,SOUTH BEND,IN Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your September 11, 2017 Council meeting, and set it for public hearing at your October 23, 2017 Council meeting. The petition is tentatively scheduled for public hearing at the October 17, 2017 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. S, cerel y,, David M Stanton, Jr. Planner CC: Bob Palmer SE RV I NG ST. J OSEPH CO UNT Y, SOUT H BEND, LAKEVILLE, NEW CAR L IS LE, NORTH LIBE RTY, OSCEOLA & RO SELAN D W W W.S TJ O S E P H C O U N T Y I N D I A N A.C O M/A R E A P L A N ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 212 EAST SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT For use as a law office or legal services business NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is 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: A LOT OR PARCEL OF LAND 55 FEET IN LENGTH, EAST AND WEST, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE EASE- END OF LOT NUMBfHED THIRTY-TWO (32) AS SHOWN ON THE RECORDED PLAT OF TAYLOR'S FIELD ADDITIONTO THE CITY OF SOUTH BEND, RECORDED APRIL 11 , 1893 IN PLAT BOOK 6, PAGE 49 IN THE OFFICE OF THE RECORDED OF ST. JOSEPH COUNTY, INDIANA. be and the same is hereby established as MU MIXED USE DISTRICT. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. Member of the Common Council Attest: City Clerk Presentedby 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. Mayor, City of South Bend, Indiana Filed in Clerk's Office SEP 01 2017 LiC NEARING rd READING KAREEMAH FOWLER NOT APPROVED CITY CLERK,SOUTH SEND , [N REFERRED DA55ED PETITION FOR ZONE MAP AMENDMENT City ofSouth Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 212 East South Street South.Rend. St. Joseph County, Indiana 46601 2) The property TaxKey Number(s)is/are: '171-08-12-331-001.000-026 3) Legal Descriptions: :See EXHIBIT`.4°attached herto. Filed in Clerk's Office 4) Total Site Area: Less than.25 acre SEP 01 2017 5) Name and address of property owner(s)of the petition site: KAREEMAI-1 FOWLER Robert Cl. Bottc,11/1I CITY CLERK,SOUTH BEND,IN 5505 Bull Creek Road Charlestown, Clark County, .lndiana 47111 812) 406-5489 bobJl ettercallbob.org Name and address of additional property owners, if applicable:N/A 6) Name and address of contingent purchaser(s), if applicable: VIA F , L E D AUG 3 12017 AREA PLAN CWWSSION Name and address of additional property owners, if applicable:N/A 7) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District Additional zoning district, ifapplicable To: M-- U Mixed Use District 8) This rezoning is requested to allow the following use(s): The propert3 is ilrtelldedfar use as a lax Office or legal services business. IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) Variances being requested include thefollotiti•ing: A. Variance to the Landscape Regulations related to,Mixed Use Districts (see Section 21-07.01(bj(1)) Petitioner is requesting a variance to the above listed regulation, that requires a minimum ofone (1) deciduous shade tree planted everyforty(40)feet oflot line or one (1) ornamental tree planted tvventy-five feet Oflot line. The petitioner is:seeking,,variance ofthis requirement to read no deciduous or ornamental trees will be required to he planted along,,the lot lines (Y'the subject Propertyfor the reasons stated herein (to be supplemented by evidence at any hearing held upon this petition)'. R. Variance to the() Jj-'Street Parkingy,Requirements (see generally Section 21-T04) Petitioner is seeking variance to the above listed regulations as it relates to required of11'streetparking The lot itselfis so small that no qff'-street parking is practicable in any way. As such, all stuff members and clientele will be required to park on the street-. Such parking does not, however.pose any significant change in the current traffic the northffic patterns, or is likely to otherwise cause congestion. There are numerous open spaces along facing line of the subjectproperty, down to the next block; the lots directly adjacent to the subject properly,are not developed lots, but contain a church side-Yard(that, ifpcirking is ever needed, it is only needed on the weekends or nights, thus not interftreing with the business hours at the subjectproperty, which will largely be V ough Friday during normal business hours), and to the east is a communitypark.fmidaY thi 2) A statement on how each ofthe 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: Landscape Regulations. The properly is located directly acjcwent to an alley on the east side. with improvements right up to the lot line; on the rear lot line (south lot line) the properly is built within two (2)feel of church building on the west lot line, the lot is divided by aftnce and vegetative grobvlh that is on the adjoiner' s property (.7apevines), that grow up and over the mce(Tfthe subject property and provides vegetative cover along the entire lot line,furthermore, the lot adjacent to the subject property to the west is an open yard space: theftontfacing,lot line (north property line). is bordered by a concrete walking path. The absence ofthe currently required trees under the code is not injuriousurious to the public health, safety, morals and general welfare ofthe community, as the current use will not substantially change, and addingfurther vegetative cover in this neighborhood has historically allowed drug-users and other undesirable behaviors to take place under cover. Parking Regulations. Because of the nature oJ'the legal practice, and the number of'expected employees, parking,lbr more than ten U0)cars at any one time.me would be a highly unusual circumstance tit this location. Infact, it is more likely that the most at unY one time would be closer to eight(8) including all support staffand attorneys. As such, this additional parking will not be injurious to the public health, safety, morals and general welfare ofthe community, especially in light ofthe number ofopen on-street parking locations immediately adjacent to the subject property. 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: Landscape. For all the same reasons listed above, the value and use of'the adjacentproperties in the area will not suffer by granting this variance. Parking. For all the same reason listed above, the value and use ofthe adjacent properties in the area will riot stiffer by the granting of'this variance request. especially in light ofthe operational hours ofthe proposed legal business, and the times that parking is needed along the street(41hich is hpically after business hours or on the weekends). c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Landscaping. .Strict application is practically difficult, due to the small size of the existing--lot's yard-space. Parking. Strict application is practically dcult due to the small size of the existing lot, and a complete lack qfarea to develop of-'street F ILE 1) AUG 3 12017 1 I 1,APR: P1 7)M1 WSSION IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section) 1) A detailed description and purpose ofthe Special Exception Use(s)being requested: N."11 2) A statement on how each ofthe 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: ,V/.,,l Y b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: ';1 c) The proposed use will be consistent with the character ofthe district in which it is located and the land uses authorized therein; and: d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan,N4 In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Itc>hert G. I3ottr rff'H fly East('curt.Avenue Ieffersnn ille, L4' 812) 514 100 soft ithettercallboh,org BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Si s)of 11 e / er(s), or signature-of Attorney for all property owner(s): FILED AUG U 12017 AREA PLAN COM 4 Sl N A B.1rsA 5..Ef•,. EXHIBIT A A lot or parcel of land 55 feet in length, East and West, taken off of and from the entire width of the East end of Lot Numbered Thirty-two (32) as shown on the recorded plat of Taylor's Field Addition to the City of South Bend, recorded April 11, 1893 in Plat Book 6, page 49 in the Office of the Recorder of St. Joseph County, Indiana. I I.. L AUG 3 1 2017 AREA PLAN COMMISSION 7 C n V , 5 tank Y a a. iY 55 P f 1 i pCOC C C pC Y B Y 0 n goo0000.0. L0._ AUG 3 12017 AREAPLAN COI N41SSION o SO V T H 701 tV SAMPLE STREET U d PHONE 574/235-9311 SOUTH BEND,1rvIANA 46601-2890 FAX 574/288-0268 x x 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR SOUTH BEND POLICE DEPARTMENT SCOTT A. RUSZKOWSKI, CHIEF OF POLICE Se Mr. Tin, Scott Filed in Clerk's Office President, South Bend Common Council 41 Floor, County- City Building Stp 0 5 2017 South Bend, IN 46601 Re: OrdinanceRegarding Part-Time Police Program KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN Dear Council President Scott: The Common Council knows that at times the South Bend Police Department is faced with events and incidents requiring full use of available departmental officers. At other times, despite best efforts, it has been difficult to recruit officers, leaving full time officers stretched to their maximum capacity. These intermittent occurrences are challenging and would be greatly helped by additional officers. In light of these conditions, I am proposing to the Safety Board the creation of a new program of part-time police officers (the PTO program). An ordinance containing the terms and conditions of this program is being filed with the City Cleric today. The pay of these officers requires Council approval. It is designated as 80% of the current hourly rate of a South Bend Police Patrolman First Class rank. This is because the job is strictly part-time, it may involve duties from time to time that are more civilian in nature, and because no benefits are payable. The Department hopes to attract retired or former officers from a wide geographic area. No need for additional funding exists at this time due to availability ofmoneys from unfilled full-time officer positions. It is anticipated that the Board of Public Safety will approve the PTO program at its meeting this month, and before the Common Council takes final action, expected to be on September 25, 2017. A copy of the proposed Board of Public Safety Resolution is included for your information. Service Bravery P ride Dedication I along with Division Chief Jeff Rynearson will present this ordinance to the Council for committee hearing and for second and third Council reading. An attorney or attorneys from the City Legal Department may also be present. Thank you for your consideration. Sincerely, I colt Ruszkowsk', hief South Bend Police Department Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ESTABLISHING A PART-TIME POLICE OFFICER PROGRAM FOR THE CITY OF SOUTH BEND AND THE POLICE DEPARTMENT STATEMENT OF PURPOSE AND INTENT The City of South Bend is faced with events periodically,but not regularly,that demand use of public security assistance or reinforcement. At those times, the full-time South Bend Police Department membership is stretched to its utmost capacity. Yet,hiring additional regular members of the Police Department would not be appropriate merely to cover such unusual but intermittent events. At other times,the Police Department, despite best efforts,has had difficulty recruiting sufficient full-time officers to meet the fullest range of law enforcement/community demands. To resolve the challenges of these conditions and to provide the South Bend Police Department with greater flexibility,the Police Chief, by authority as the person with statutory exclusive control of the police department, subject to the rules and order of the safety board, Ind. Code 36-8-3-3(g)), desires to create a program within the South Bend Police Department to be known as the Part-Time Officer Program (PTO). The PTO is within the City's home rule authority because any doubt as to the existence ofa city's power to act is construed in favor of the City, Ind. Code 36-1-3-3, and because it is not inconsistent with Indiana State law. The PTO is to be comprised of part-time, sworn employees to be hired as needed subject to appointment by the safety board per Ind. Code 36-8-3-3 (c) (1), who would not be full-time officers; would not be members ofthe City's police collective bargaining Agreement; whose salaries would be set by this Common Council; who would not be entitled to benefits other than as provided herein,who would be of one class without rank and not subject to merit promotion; who would not be guaranteed to work any hours at all, and who would not work full-time as defined by the Federal Fair Labor Standards Act(FLSA), would not exceed 1,000 hours annually, and whose discipline authority would be solely the South Bend chief of police. These part-time officers would supplement or enhance full-time officers and assist with special events, designated patrols, and other assignments, at the discretion of the Chief of Police. Only while so employed, during work hours, these part-time officers (PTO) shall have the same scope and range of authority as full-time officers to the full extent provided by Indiana law. PTO's at no time outside of actual work hours will use any: identification, device,badge, insignia, uniform, or depiction ofthe South Bend Police Department or City of South Bend, for any reason. Implementation of a PTO program within the City of South Bend Police Department, as proposed and described by the City's ChiefofPolice is in the best interest of the residents ofthe City, and provides a flexible response to the multiple public safety needs of the community. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. A Police Department Part-Time Officer Program, as proposed by the Chief of Police for the City of South Bend is hereby established for the City of South Bend, Indiana,to assist or enhance full-time police officers with law enforcement activities as assigned by the Chief of Police or his/her designee, which may include non-police, civilian work from time to time. While so employed, during work hours,these part-time officers shall have the same scope and range of authority as full-time officers to the full extent provided by Indiana law. SECTION II. Part-time police officers shall be hired as needed at the discretion ofand by the chiefof police subject to appointment by the public safety board. Part-time police officers shall be governed by the same rules,regulations,policies and directives as full-time members of the Police Department; except that part-time police officers shall be without rank and shall not be subject to any portion of any collective bargaining agreement or merit decisions under Ind. Code 36-8-3.5-13. Part-time officers must fulfill all training requirements set forth by the Indiana Law Enforcement Training Board for such described officers. SECTION III. Part-time officers shall be under the sole disciplinary jurisdiction ofthe Chief of Police. Any and all part-time officers serve at the discretion of the Chief of Police, shall have no property rights in said employment, and may be removed by the Chief ofPolice at any time. SECTION IV. Part-time police officers shall not be used as permanent replacements for permanent full-time police officers and they shall not be assigned, under any circumstances, to supervise or to direct full-time police officers. SECTION V. Part-time police officers shall be paid per hour of work at the rate of 80% ofthe current hourly rate ofa South Bend Police Patrolman First Class rank. Each part-time officer is not guaranteed any work at any time and shall not exceed 1000 hours of work in any one calendar year SECTION VI. PTO's at no time outside of actual work hours will use any: identification, device,badge,insignia, uniform, or depiction of the South Bend Police Department or City of South Bend, for any reason. SECTION VII. This ordinance shall be in full force and effect upon its passage by this Common Council, signature by the Mayor, and any publication required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this day of 2017. Member, Common Council ofthe City of South Bend ATTEST: Kareemah Fowler, Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City for his approval on the day of 2017, at o'clock m. Kareemah Fowler, Clerk Having examined the foregoing Ordinance, I do now, as the Mayor of the City of South Bend, approve said Ordinance and return the same to the Clerk ofthe City of South Bend this day of 2017. Pete Buttigieg,Mayor Filed in Clerk's Office 1 st READING AP 0 67)n1 7 PUBLIC HEARING 3 rd READING KAREEMAH FOWLER NOT APPROVED CITY CLERK,SOUTH BEND, IN REFERRED PASSED Filed in Clerk's Ofte SEP 06 2017 KAREEMAH FOWLER CITY CLERK,SOUTH MEND,IN RESOLUTION NO. I! A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND,INDIANA,ADOPTING AND APPROVING THE POLICE CHIEF'S PART- TIME POLICE OFFICER PROGRAM FOR THE CITY OF SOUTH BEND AND ITS POLICE DEPARTMENT WHEREAS, The City of South Bend is faced with events periodically,but not regularly, that demand use of public security assistance or reinforcement. At those times,the full-time South Bend Police Department membership is stretched to its utmost capacity. Yet,hiring additional regular members of the Police Department would not be appropriate merely to cover such unusual but intermittent events. At other times,the Police Department, despite best efforts, has had difficulty recruiting sufficient full-time officers to meet the fullest range of law enforcement/community demands; and WHEREAS, To resolve the challenges of these conditions and to provide the South Bend Police Department with greater flexibility,the Police Chief,by authority as the person with statutory exclusive control ofthe police department, subject to the rules and orders ofthe safety board, (Ind. Code 36- 8-3-3(g)), desires to create a program within the South Bend Police Department to be known as the Part-Time Officer Program(PTO) and because it is not in conflict with Indiana State law; and WHEREAS, The PTO, as proposed by the City's Chief of Police is within the City's home rule authority because any doubt as to the existence of a city's power to act is construed in favor of that city. Ind. Code 36-1-3-3; and WHEREAS,The PTO is to be comprised of part-time, sworn employees to be hired as needed subject to appointment by the safety board per Ind. Code 36-8-3-3 (c) (1), who would not be full-time officers; would not be members of the City's police collective bargaining Agreement; whose salaries would be finally approved and fixed by the South Bend Common Council; who would not be entitled to benefits other than as provided herein: who would be of one class without rank and not subject to merit promotion; who would not be guaranteed to work any hours at all, and who would not work full-time as defined by the Federal Fair Labor Standards Act(FLSA),no more than 1,000 hours per year; and whose discipline authority would be solely the South Bend chief of police; and WHEREAS, These part-time officers would supplement or enhance full-time officers and assist with special events, designated patrols, and other assignments at the discretion of the Chief of Police. While so employed,these part-time officers(PTO) shall have the same scope and range of authority as full-time officers to the full extent provided by Indiana law. WHEREAS, Implementation of a PTO program within the City of South Bend Police Department, as proposed and described by the City's Chief ofPolice, is in the best interest of the residents of the City, and provides a flexible response to the multiple public safety needs of the community. NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. A Police Department Part-Time Officer Program, as proposed by the Chief ofPolice for the City of South Bend is hereby established for the City of South Bend, Indiana, to assist full-time police officers with law enforcement activities as assigned by the Chief ofPolice or his/her designee, which may include non-police, civilian work from time to time. Only while so employed, during work hours, these part-time officers shall have the same scope and range of authority as full-time officers to the full extent provided by Indiana law. SECTION II. Part-time police officers shall be hired as needed at the discretion of and by the chief of police subject to appointment by the Board of Public Safety. Part-time police officers shall be governed by the same rules,regulations,policies and directives as full-time members ofthe Police Department, except that part-time police officers shall be without rank and shall not be subject to any portion of any collective bargaining agreement or merit decisions under Ind. Code 36-8-3.5-13. Part-time officers must fulfill all training requirements set forth by the Indiana Law Enforcement Training Board for such described officers. SECTION III. Part-time officers shall be under the sole disciplinary jurisdiction of the Chief ofPolice. Any and all part-time officers serve at the discretion of the Chiefof Police, shall have no property rights in said employment, and may be removed by the Chief of Police at any time. SECTION IV. Part-time police officers shall not be used as permanent replacements for permanent full-time police officers and they shall not be assigned, under any circumstances,to supervise or to direct full-time police officers. SECTION V. Subject to approval by the South Bend Common Council,part-time police officers shall be paid per hour of work at the rate of 80%ofthe current hourly rate of a South Bend Police Patrolman First Class rank. Each part-time officer is not guaranteed any work at any time and shall not exceed the Fair Labor Standards definition ofpart-time laborer,not more than one thousand(1,000)hours of work in any one calendar year. SECTION VI. PTO's at no time outside of actual work hours will use any: identification, device,badge, insignia, uniform, or depiction of the South Bend Police Department or City of South Bend, for any reason. BOARD OF PUBLIC SAFETY John Collins, President Eddie L. Miller Member Luther Taylor, Member Daniel Jones,Member Brian Pawlowski, Member ATTEST: Linda M.Martin, Clerk 1200 COUNTY-CITY BUILDING PHONE 574/235-9241 227 W.JEFFERSON BOULEVARDo 4 d FAX 574/235-7670 SOUTH BEND,INDIANA 46601-1830 1J TTY 574/235-5567 U d'4 FtAU CITY OF SOUTH BENDPETE BUTTIGIEG,MAYOR DEPARTMENT OF LAW STEPHANIE STEELE ALADEAN M.DEROSE CORPORATION COUNSEL CITY ATTORNEY September 6,2017 f=iled in Ci€-rK'S Olfic:e Mr.Tim Scott SEP 0 6 2017 President, South Bend Common Council 4 Floor, County-City Building KARSEMAR FOWLER South Bend, IN 46601 CITY CLEFIK.800TH fSEND,IN Re: Interlocal Agreement between the City of South Bend and County of St.Joseph to Enforce the County's Human Rights Ordinance Dear Council President Scott: In February 2017 St.Joseph County adopted a Human Rights Ordinance substantially equivalent to South Bend's,and the County ordinance reserved the right to designate a local,eligible agency to enforce the County's human rights ordinance. Since the County Council and Commissioners'adoption ofits human rights ordinance,discussions have taken place between County and City officials for engagement of the South Bend Human Rights Commission (HRC) as the County's enforcement agency. This is good synergy because it broadens the HRC's mission as public educator and promoter of human rights. It also assures a uniform, consistent approach to discrimination claims throughout St.Joseph County, and it will be more convenient to local claimants and respondents. For these reasons,I am pleased to file an ordinance approving an interlocal agreement between the County and City through the HRC to enforce the County human rights ordinance. The County Council will act upon a similar Bill at its meeting to be held September 12,2017. The ordinance provides for an initial term through April 2018 when there is no charge to the County for these services. During this interim, the HRC can assess and determine the effect of this program upon the resources of the HRC. Thereafter, the agreement can be extended with or without County monetary contribution, or terminated by either party. ELLIOT A.ANDERSON DANIELLE K. CAMPBELL ASHLEY MILLS COLBORN BENJAMIN J.DOUGHERTY MICHAELJ.SCHMIDT Mr.Tim Scott September 6,2017 Page 2 HRC Director Lonnie Douglas will present this ordinance to the Council for committee hearing and for second and third Council reading. A member of the Commission may be present along with myself. Thank you for your consideration. Sincerely, Aladean M. DeRose, City Attorney cc: Lonnie Douglas Stephanie Steele 2 Bill No. 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 THROUGH THE SOUTH BEND HUMAN RIGHTS COMMISSION AND THE COUNTY OF ST. JOSEPH TO ENFORCE THE COUNTY'S HUMAN RIGHTS ORDINANCE STATEMENT OF PURPOSE AND INTENT On February 14, 2017 the St. Joseph County Council approved the St. Joseph County Human Rights Ordinance, Ordinance No. 18-17, which was subsequently approved by the St. Joseph County Board of Commissioners on February 21, 2017. That ordinance is substantially equivalent to the South Bend Human Rights Ordinance codified at Chapter 2, Article 9, Sections 2-127 et seq. of the South Bend Municipal Code. The St. Joseph County Human Rights Ordinance designated the Indiana Civil Rights Commission as the agency to enforce the St. Joseph County Human Rights Ordinance,but St. Joseph County reserved the right to designate an alternative local agency to enforce the St. Joseph County Human Rights Ordinance at such a time as the alternative local agency would be in existence and eligible to carry out that enforcement. The South Bend Human Rights Commission is in existence and is eligible to carry out enforcement ofthe St. Joseph County Human Rights Ordinance. The St. Joseph County Council has recognized and acknowledged the benefit of designating the South Bend Human Rights Commission as the enforcement body for the St. Joseph County Human Rights Ordinance on both an interim and permanent basis. The St. Joseph County Council approved the Human Rights Ordinance Interlocal Agreement attached as Exhibit A hereto at its meeting held on September 12, 2017. Similarly, it is in the best interest ofthe City of South Bend that the South Bend Human Rights Commission enforce the County ordinance because it will assure a uniform, consistent approach to claims of discrimination arising in St. Joseph County, Indiana, and will be more convenient for local claimants and respondents. For the initial term of this Interlocal Agreement,the County will not pay for the services of the South Bend Human Rights Commission. That arrangement will be reviewed and evaluated at the close of the initial term. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend,Indiana, that: SECTION I. The Council hereby approves the Human Rights Ordinance Interlocal Agreement in the form attached hereto as Exhibit"A". No appropriation of funding is necessary. SECTION II. This Ordinance shall be in full force and effect from and after its passage by this Common Council and signature by the Mayor. Member, South Bend Common Council Filed in Clerk's Office St READING SEP 0 5 2017 PUBLIC HEARING 3 rd READING KAREEMAH FOWLER NOT APPROVED CITY CLERK,SOUTH BEND, IN REFERRED PASSED EXHIBIT A Interlocal Agreement between the City of South Bend Human Rights Commission and the County of St. Joseph For Enforcement of the County's Human Rights Ordinance This portion left intentionally blank] Filed in Clerk's Office SEP 0 6 2017 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND HUMAN RIGHTS COMMISSION AND THE COUNTY OF ST.JOSEPH FOR ENFORCEMENT OF THE COUNTY'S HUMAN RIGHTS ORDINANCE This Agreement is made and entered into this day of 2017, by and between St. JosephCounty, Indiana(the " County"), and the City of South(the City)through the South Bend Human Rights Commission(the "Commission"). WITNESSETH WHEREAS, The South Bend Human Rights Commission (the "Commission") is an agency of the City of South Bend (the City) and both the City and the County of St. Joseph (the County) are political subdivisions organized and existing pursuant to the laws of the State of Indiana. Both the City and the County are empowered pursuant to Ind. Code §36-1-7 to enter into this Interlocal Agreement and to cooperate in furtherance of the joint action described in this Agreement; and WHEREAS, the County has previously enacted a Human Rights Ordinance (St. Joseph County Code, Title III, Chapter 37) which is effective in those parts of St. Joseph County which are not part of the corporate limits of the City of South Bend; and WHEREAS, as part of that Human Rights Ordinance,the County designated the Indiana Civil Rights Commission as the enforcing body,but reserved the right to designate an alternative local agency at such a time as the alternative local agency would be in existence and eligible to carry out that enforcement; and WHEREAS, entering into an interlocal agreement with the South Bend Human Rights Commission would make the Commission"eligible"to carry out enforcement of the Human Rights Ordinance for claims under the Human Rights Ordinance occurring outside the corporate limits of the City of South Bend; and WHEREAS, the County desires to designate the South Bend Human Rights Commission, as an alternative local agency which is in existence and made eligible by this Interlocal Agreement, as the enforcing body of the St. Joseph County Human Rights Ordinance; and WHEREAS, the Commission is amenable to being designated as the enforcing body of the St. Joseph County Human Rights Ordinance. NOW, THEREFORE,the County and the Commission agree as follows: 1. Purpose of Inter-Local Agreement. The purpose of this agreement is to designate the South Bend Human Rights Commission as the enforcing body for claims under the St. Joseph County Human Rights Ordinance arising out of occurrences located outside the corporate boundaries ofthe City of South Bend. The City through the Commission will investigate and make recommendations for charges of discrimination within the scope of the County's Human Rights ordinance in the same manner as ifthe charges had originated within the City's corporate limits or within the jurisdiction of the City's Human Rights ordinance. In so doing, it will use its staff, office and other resources. 2. Compensation. The Commission will be the enforcing body for the St. Joseph County Human Rights Ordinance for no compensation during the initial short term of this Interlocal Agreement,the parties recognizing that until services are actually provided for the County's benefit,the Commission cannot determine what financial impact this Agreement will have upon its resources. Both parties acknowledge that the annual cost of a full time investigator including benefits is about $52,000.00. 3. Duration. This Agreement is intended to be of an initial short duration in order for the parties to examine and assess the results and impact. Therefore,this Agreement will expire after May 1, 2018. Upon or before expiration, the parties shall mutually determine whether to renew for a similar or different term, or to renegotiate the terms of the Agreement. Each party may also terminate this agreement with thirty(30) days' written notice to the other party. 4. Notice. Any notice required or permitted by this Agreement shall be in writing and shall be deemed given when delivered personally or deposited in the U.S. mail, first class with postage prepaid, and addressed to the parties below, or such other address as a party may request by notifying the other in writing: To theCounty: St. Joseph County Board of Commissioners 7th Floor, County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 And St. Joseph County Council County-City Building, Room 411 227 W. Jefferson Blvd. South Bend, IN 46601 To the Commission: South Bend Human Rights Commission 319 N. Niles Ave. South Bend, IN 46617 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties. No alterations, modifications, or additions to this Agreement shall be binding unless reduced to writing and signed by the parties. 6. Amendments. The terms and conditions ofthis Agreement may not be modified or amended except by an instrument executed by each of the parties hereto. No oral modifications shall be enforceable. 7. Effective Date. This Interlocal Agreement is effective on the date stated in the first paragraph of this Agreement. 8. Authority. Each party signing hereto states that they have authority to bind the party they are signing on behalf ofthis Agreement. signature pagefollows) IN WITNESS WHEREOF,the following agree to the terms of the Agreement: St. Joseph County South Bend Human Rights Commission Board of Commissioners Andrew Kostielney, President Executive Director DeborahFleming, D.M.D., Vice-President St. Joseph County Council Dave Thomas, Member Rafael Morton, President