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HomeMy WebLinkAbout04-09-18 Agenda Packet 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, April 9, 2018 7:00 P.M. 1. INVOCATION- MINISTER LAQUITA HUGHES- NEW HORIZONS OUTREACH MINISTRY 2. PLEDGE TO THE FLAG 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. 05-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3527 LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 19-18 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: FIRST NORTH/SOUTH ALLEY EAST OF ARTHUR STREET, RUNNING FROM CAMPEAU STREET ON THE SOUTH TO THE FIRST EAST-WEST ALLEY ON THE NORTH COVERING A DISTANCE OF APPROXIMATELY 156 FEET, ALL IN SOUTH BEND, INDIANA 20-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING SECTION 20-4 OF CHAPTER 20, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH PARKING RESTRICTIONS ON SOUTH BEND CITY STREETS. 21-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE 2 SOUTH BEND MUNICIPAL CODE TO INCLUDE A NEW ARTICLE 13 ESTABLISHING RESPONSIBLE BIDDING PRACTICES AND SUBMISSION REQUIREMENTS ON PUBLIC WORKS PROJECTS 8. BILLS ON THIRD READING TIME:______ BILL NO. 05-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3527 LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 19-18 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: FIRST NORTH/SOUTH ALLEY EAST OF ARTHUR STREET, RUNNING FROM CAMPEAU STREET ON THE SOUTH TO THE FIRST EAST-WEST ALLEY ON THE NORTH COVERING A DISTANCE OF APPROXIMATELY 156 FEET, ALL IN SOUTH BEND, INDIANA 20-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING SECTION 20-4 OF CHAPTER 20, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH PARKING RESTRICTIONS ON SOUTH BEND CITY STREETS. 21-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE A NEW ARTICLE 13 ESTABLISHING RESPONSIBLE BIDDING PRACTICES AND SUBMISSION REQUIREMENTS ON PUBLIC WORKS PROJECTS 9. RESOLUTIONS BILL NO. 18-12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND ST. JOSEPH COUNTY, INDIANA, FOR THE MUTUAL OPERATION OF SPECIAL LAW ENFORCEMENT UNITS KNOWN AS METRO UNITS ADDRESSING CRIMES OF SPECIAL GRAVITY IN ST. JOSEPH COUNTY 10. BILLS ON FIRST READING 3 11. UNFINISHED BUSINESS BILL NO. 18-15 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 122 MILTON STREET 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. 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. MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: APRIL 5, 2018 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, APRIL 9, 2018: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 4:00 P.M. HEALTH & PUBLIC SAFETY JO M. BRODEN, CHAIRPERSON 1. Bill No. 18-12- Interlocal Agreement between the City of South Bend and St. Joseph County Metro Units 2. Bill No. 20-18- Ordinance on New Parking Restrictions 4:30 P.M. PUBLIC WORKS & PROPERTY VACATION JOHN VOORDE, CHAIRPERSON 1. Bill No. 19-18- Alley Vacation at 1221 E. Campeau Street 2. Bill No. 21-18- Ordinance Establishing Responsible Bidding Practices and Submission Requirements on Public Works Projects 4:55 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Bill No. 05-18- Rezoning for property located at 3527 Lincoln Way West Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning & Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List 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 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 02-26-18) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson Gavin Ferlic, Member Sharon L. McBride, Vice-Chairperson Karen L. White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Dr. David Varner, Chairperson Gavin Ferlic, Member Tim Scott, Member Karen L. 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 M. Broden, Chairperson Oliver J. Davis, Member John Voorde, Vice-Chairperson Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 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 and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Dr. David Varner, Member Gavin Ferlic, Vice-Chairperson Sharon L. McBride, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Oliver J. Davis, Member Dr. David Varner, Vice-Chairperson John Voorde, Member 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-3-18) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and 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 and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Sharon L. McBride, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. 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 Sharon L. McBride, Member Oliver J. 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 J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. 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 2018 COMMON COUNCIL STANDING COMMITTEES (Rev.02-26-18) 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 SHARON L. MCBRIDE, 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 M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member DR. DAVID VARNER, 5TH District Council Member Utilities Committee, Chairperson Information & Technology Committee, Member Council Rules Committee, Chairperson Sub-Committee on Minutes, Member PARC Committee, Vice-Chairperson OLIVER J. DAVIS, 6TH District Council Member Vice President 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 Council Rules 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 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CIT1' BUILDING, SOUTH BEND, INDIANA +6601 (574) 235-9571 January 3, 2018 i_..._. 6 Filed in Clerk's Office Honorable South Bend Common Council 4t'Floor, County-City Building JAN 0 3 2018 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH E3P,11D, °N.°. Q I RE: 3527 Lincoln Way West APC#2859-17 Dear Council Members: Enclosed in 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 January 8, 2018 Council meeting,and set it for public hearing at your February 26,2018 Council meeting. The petition is tentatively scheduled for public hearing at the February 20, 2018 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. Sincerely, P,4 Y. ,(7 Angela M. Smith Deputy Director CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J 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 BILL NO . 05-18 PETITION FOR ZONE MAP AMENDMENT City of South 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: Filed i° vlerk'S Office 3527 Lincoln Way West South Bend,IN 46628 JAN 0 3 2018 2) The property Tax Key Number(s)is/are: 018-2193-7244 KAREEMAH FOWLER 3) Legal Description(s):LGITY CLERK,SOUTH SUM,,!N Beginning at a point ninety-one feet six inches(91.5')west of the northeast comer of the west half of the northeast quarter(NE 1/4) of Section four(4)Township thirty-seven(37)north, Range two(2)east;thence running south parallel with the east line of the west half(W 1/2) of said Section four(4)to the northerly line of Lincoln Way West,formerly Michigan Road; thence northwesterly along the northerly line of said road two hundred thirty-nine feet(239); thence north to the north line of said Section;thence east along the north line of said Section, two hundred twenty-four(224)feet to the place of beginning;excepting therefrom a parcel of land described as a point ninety-one and five tenths(91.5)feet west of the northeast comer of the northwest quarter(NW 1/4) of the northeast quarter (NE 1/4) of said Section four (4), Township and Range aforesaid;thence running due south to the northerly line of Lincoln Way West,formerly Michigan Road;thence northwesterly along the northerly line of said road,one hundred eight and twenty-six hundredths(108.26)feet;thence in a due northerly direction to the north line of said section;thence east along the north line of said section, 100 feet to the place of beginning,all in St.Joseph County,Indiana. 4) Total Site Area: 0.67 acres(29,133 square feet) 5) Name and address of property owner(s)of the petition site: Women's Care Center,Inc. 360 N.Notre Dame Avenue South Bend,IN 46617 574)968-7476 annmanion 13(a),gmail.com Name and address of additional property owners,if applicable: Not Applicable 6) Name and address of contingent purchaser(s), if applicable: Not Applicable Name and address of additional property owners,if applicable: Not Applicable 7) It is desired and requested that this property be rezoned: From: SF Single-Family and Two-Family District FILE ncP 2 r 2317 To: OB Office Buffer District AREA PLAN COMMISSION IlONCATION NOa I-1 8) This rezoning is requested to allow the following use(s): Counseling Offices IF VARIANCE(S)ARE BEING REQUESTED: Not Applicable IF A SPECIAL EXCEPTION USE IS BEING REQUESTED: Not Applicable CONTACT PERSON: Richard A Nussbaum II 210 South Michigan Street South Bend,IN 46601 574-234-3000 dickn @sni-law.com 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. Signature(s)of all property owner(s),or signature of Attorney for all property owner(s): aA,( n CND t ( t, % dtr \ V womo n ' S c4 r n n a M i p j 1 :j Zf Cs k 0 i BFI rn 0 1 CD fJO> 20OC Z.Z1 C« Zmz zr2 m>0x mmG G)D Om-mi m 0 AO mOO mmm Om— 1 zr IONm Z m 0 O 10/ O D rtmt m m 0 Z O z n z m DX zmmm z-I 1 D --+p I I C z D{, O O 0 O G)D AD m z G) 0 m G) li-ocn 212.66' — 1 n m 15'RESIDENTI4L BUFFERYAD SETBACK C 0 O A T y y I D I ^ z zs J co m y m+ Y L _ --jI mZ D Oi I 1 z O G) m JSID YID E--T A C 262.11 I NK c)z m mm a) x mm cnm nz m°c zZx 00 cm c m c m 5>mx xx vm Izzm o m-+ o O oz o cDi* vcm m=i G)3 O? z zZ z <z nyzmyz z (m»D n DzG) mz O Oa) G) O-0 Om CU G) vX Om Z0n Qy m 0 m 0 -1 G)Mm oD c coo mm I mZ q 0z 5 Opm KQ X my OKz Kv 1< z G) z O RZ Om m z mmz w m-miz '—D D z0 3m0 I z O m mm0 = 00 o Oz D cn 0 z my z z Iox 1 I 0 O vi A p pp O p m Ay N N RIC TZ, A Zj j0 w Rm7 Cfm71 m O V O V o- A-Z TIn Z. P Z( C tom I 1 (A m ROI Z O C 2C m yv H m m O O O Z O y O m K O P N O K o O 'i O z9 w E V ti x w az amovi 8f. ffl mmmt P m0 O 8 A "' m nA 5z> c S-"-1 z 9 O- c7 o Ar z O F o oo cocm o y ayz fTl yn 8.. z92 , npyzy Ofr.11lNll n ZZ_ o ow m r m y u r u ;; O m N fmo 0'. re m DjD m N m 0 E P <m g 0 c in m000 O O Zol mpD- °m mm O c-h a z- Opqp V N OT?T cz- m D, pNy (D7 Ul D0 Oro ytA O 1\ v,T A mE oA O yy , T. F m2NOT Z 1 > m0 O Smam z N N A 7nnmm - i O Z m m~>O~ ND d 5-t, K Zm Oi ll m 7 Gcn O n O NN yOymyO 5 25 z p0 F DZDO C Z m nr Z 70 in to y 0 O m ++R r y'n To m D D Z. o S N . 7 T O O 8 Z m O U N T m^! m y ONGIDCI b 0 Am 700 M C Z NAZ m N O O 2 T >O N m m x D Z I n O T U1 02 z m m ZO TO O o O O C) m ° a RENOVATIONS FOR THE s F ALLIANCENm_ WOMEN'S CARE CENTER Ge Oti O 3527 LINCOLNWAY WEST c SOUTH BEND,INDIANA 929unca astnay surcezoo I soon ee red,c dwoi dx 1316 COUNTY-CITY BUILDING I d PHONE 574/ 235-9251 227 W.JEFFERSON BOULEVARD yiW PEACE FAX 574/ 235-9171 SOUTH BEND.INDIANA 46601-1830 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS Filed in Clerk's Office February 27, 2018 MAR 08 2018 Michael Danch KAREENIAH FOWLER Danch, Harper and Associates, Inc. CITY CLERK,SOUTH BEND. IN 1643 Commerce Drive South Bend, IN 46628 RE: Alley Vacation— First North/South Alley —14' in Width Running North —156' from North Right-of-Way of Campeau St., East of N. Arthur St., and West of Walsh St. Preliminary Review) Dear Mr. Danch: The Board of Public Works, at its February 27, 2018, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment, Fire Department, Street Department,and the Solid Waste Division. Per IC 36-7-3-13 criteria,all departments gave favorable recommendations regarding the vacation of this alley. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Donna Hanson at (574) 235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, k11. Mart?, 0JrkftM c:Federico Rodriguez, Fire Department Donna Hanson, Engineering Alkeyna Aldridge, City Clerk's Office GARY A.GILOT SUZANNA M.FRITZBERG ELIZABETH A.MARADIK JAMES A.MUELLER THERESE J.DORAU BILL NO. 19-18 I>"A0141 LUanch, "aprmrp aV Associates, lnc. Land Surveyors M Professional Engineers Landscape Architects Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4009 1643 Commerce Drive • South Bend, IN 46628 Honorable Members of the City of February 12, 2018 South Bend Common Council 0 Floor County-City Building South Bend, Indiana 46601 RE: Alley Vacation—First North/South Alley East of Arthur Street,running from Campeau Street on the South to the First East-West Alley on the North covering a distance of approximately 156 feet, South Bend, Indiana; Dear Council Members: On behalf of our clients we are requesting approval of the vacation of a portion of the First North-South Alley East of Arthur Street, running from Campeau Street on the South to the First East-West Alley on the North covering a distance of approximately 156 feet, being in South Bend, Indiana. The reason for this request is to allow for the properties located on either side of the proposed alley to be enlarged and to close a public right-of-way which allows for vehicles using the alley to come within a few feet of the two existing adjacent homes. Both homes are owned by the petitioners, and they desire to increase the safety in the use of their properties through the proposed vacation. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, CIT-dad f Michael J. Danch Filed in Clerk's Office President Danch, Harper&Associates MAR 0 8 2018 File No. 180104 KAREEMAH F6WLER CITY CLERK,SOUTH BEND. IN BILL NO. 19-18 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: FIRST NORTH/SOUTH ALLEY EAST OF ARTHUR STREET, RUNNING FROM CAMPEAU STREET ON THE SOUTH TO THE FIRST EAST- WEST ALLEY ON THE NORTH COVERING A DISTANCE OF APPROXIMATELY 156 FEET,ALL IN SOUTH BEND,INDIANA, STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following properties: 1). Alley Vacation — First North/South Alley East of Arthur Street, running from Campeau Street on the South to the First East-West Alley on the North covering a distance of approximately 156 feet, all in South Bend, Indiana, hereby determines that it is desirable to vacate said properties. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property Tax Key Numbers may be injuriously or beneficially affected by such vacating: 18-5092-3250 18-5092-3251 18-5092-3249 18-5092-3248 18-5092-3247 18-5092-3235 18-5092-3236 18-5092-3237 18-5092-3238 18-5092-3240 18-5092-3241 18-5092-3242 18-5092-3252 18-5092-3253 18-5087-3122 SECTION IV. The purpose of the vacation of the real properties is to vacate that portion of all the Public Alley in the described area to allow for the safer use of the adjacent properties. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEYS) To the Common Council Date: 2-12-18 of the City of South Bend, Indiana We,the undersigned property owner(s),petition you to vacate: 1). Alley Vacation — First North/South Alley East of Arthur Street, running from Campeau Street on the South to the First East-West Alley on the North covering a distance of approximately 156 feet, South Bend,Indiana Tax Key Numbers owned by the Petitioners: 18-5092-3250 18-5092-3251 NAME(signed& 'ADDRESS Andrew CaspeW Amanda Shutts 3553 Bear Drive 3553 Bear Drive San Diego, CA 92103 San Diego, CA 92103 For- The Casper Shutts Family Trust 3553 Bear Drive San Diego, CA 92103 Office of the City Clerk CONTACT PERSON NAME: Kareemah Fowler, City Clerk Michael J. Danch Room 455-County-City Building Danch, Hamer&Associates, Inc. South Bend, IN 46601 1643 Commerce Drive 574-235-9221 South Bend, Indiana 46628 574-2344003 e-mail: mdanch@danchharner.com Filed in Clerk's Office MAR 0 8 2018 KAREECIIAH FOWLER Ci fy CLERK,SOUTH BEND,IN I Vy mom W F 018-5092-3133 018-5 3 3236 018- 50931238j 018-5092-3240 8 5093-342 8-5093-3244 11202 1.21E 1.120 1.224 1218 1236 40 124 1.248 1.252 g* 018-5092-3246 018.5091 3348 0 -50 3 u 018-5093-3251 018 091 3354 018-5092;3156 110: 120 121• 111 121 1 22 1135 1139 124? 1247 4 dG•. iSiL _f' E? Z? S oqfillord Park City of South Bend Alley Vacation 150' Radius MapDept. of Public Works Danch Harner/Cas ers 227 W Jefferson Blvd. #1 p South Bend, IN 46601 Filed in C erk's Office 1221 E. Campeau Phone: (574) 235-9251 First NS alley -14' in width running north -156' 0 150' Buffer MAR )9rM N right of way of Campeau, east of N. Address List attached Arthur Street and west of Walsh Street. Date Prepared: 2/12/2018 DCH CITY CLERK,SOUTH KIND, IN Property Owners Within 300 Feet City of South Bend Rick B Young Casper Shutts Family Trust 1200 County City Building 1317 Chimes Blvd 3555 Bear Dr South Bend, IN. 46601 South Bend, IN. 46615 San Diego, CA. 92103 Tax Key# 018-5092-3254 Tax Key#018-5092-3253 Tax Key#018 5092 3249 Casper Shutts Family Trust Shutts Casper Family Trust Andrew& Casper&Amanda Shutts 3555 Bear Dr 3555 Bear Dr 3555 Bear Dr San Diego, CA. 92103 San Diego, CA. 92103 San Diego, CA. 92103 Tax Key# 018 5092 3247 Tax Key# 018 5092 3248 Tax Key#018 5092 3250 Casper Shutts Family Trust Ronald Little Housing Authority of South Bend 3555 Bear Dr 1229 Campeau 501 S Scott San Diego, CA. 92103 South Bend, IN. 46617 South Bend, IN. 46613 Tax Key#018 5092 3251 Tax Key# 018-5092-3252 Tax Key# 018-5092-3235 City of South Bend Andrew & Casper&Amanda Shutts Five Corners LLC 215 S. St. Joseph 3555 Bear Dr 814 Marietta St South Bend, IN. 46601 San Diego, CA. 92103 South Bend, IN. 46601 Tax Key#018-5087-3122 Tax Key# 018 5092 3241 Tax Key# 018-5092-3236 Five Corners LLC Alpine Construction Inc Judith Ann James 814 Marietta St 1616 S Olive St 1236 E Corby Blvd South Bend, IN. 46601 South Bend, IN. 46619 South Bend,IN. 46617 Tax Key# 018-5092-3237 Tax Key# 018-5092-3238 Tax Key#018-5092-3240 South Bend Housing Authority 501 S Scott South Bend, IN. 46613 Tax Key#018-5092-3242 Filed in Clerk's Office MAR 0 8 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN 01UTN 8C ity of South Bend 574)235-9321 Fax(574) 235-9173 Common Council TDD(574)235-5567 PEACE http://www.southbendin.gov 441 County-City Building• 227 W.Jefferson Blvd 1865 South Bend,Indiana 46601 Tim Scott March 21, 2018 President Oliver Davis South Bend Common Council Vice-President 4t'Floor, County-City Building South Bend, IN 46601 Gavin Ferlic Chairperson,Committee Re: New Parking Restriction Ordinance of the Whole Tim Scott Dear Council Members: First District We are filing the attached proposed ordinance to establish parking Regina Williams-Preston restrictions on South Bend Streets. This ordinance would be added as Second District section 20-4 of the Municipal Code. This proposed ordinance incorporates many of the restrictions placed by state statute, but adds a restriction Third Dis trict Sharon McBride prohibiting parking within 4 feet of either side of driveways.District Jo M.Broden The proposed is being submitted pursuant to Ind.Code 9-21-1-3 which Fourth District permits local authorities to pass ordinances regulating parking in the interest Dr. David Varner of safety and the expediting of traffic flow. Fifth District Please schedule this for first reading on March 26, 2018 with public hearing, Oliver Davis second and third readings on April 9, 2018. Sixth District Gavin Ferlic Thank you for your consideration. At Large John Voorde Sincerely Yours, At Large Karen White Tim Scott, South Bend Common Council At Large President Filed in Clerk's Office Karen L. White, South Bend Common Council Member at Large MAR 2 KAREEMAH FOWLER CITY CLERK,SOUTH BENr3. IN BILL NO. 20-18 Filed in Clerk's Office BILL NO.20-18 MAR 212018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH SEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND,INDIANA, ADDING SECTION 20-4 OF CHAPTER 20,ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH PARKING RESTRICTIONS ON SOUTH BEND CITY STREETS. STATEMENT OF PURPOSE AND INTENT Indiana Code 9-21-1-3 provides local authorities, with respect to private roads and highways under the authority's jurisdiction, and within the reasonable exercise of the police power of the authority,the power to regulate the standing or parking of vehicles for the purposes of safety and the expediting of traffic flow. In the interests of both expediting the flow of traffic and the safety of 1)persons operating vehicles on such private roads and highways; 2)persons operating vehicles entering onto such private roads and highways from alleys or driveways; and 3)pedestrians, the standing, stopping, or parking of motor vehicles should be prohibited in designated areas. This ordinance adds § 20- 4 to the South Bend Municipal Code and identifies those areas in which standing, stopping, or parking vehicles is prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 20, Article 4 is hereby amended to include Section 20-4 to read as follows: Sec. 20-4 Designated Areas Where Stopping, Standing, or Parking Prohibited No person may stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or to avoid conflict with law or the directions of a police officer or traffic control device, in any of the following places: 1) On any sidewalk or parkway. 2) In front, or within four(4) feet, of either side of a public or private driveway as defined in Section 14-41 of the South Bend Municipal Code. 3) Within an intersection. 4) Within fifteen(15) feet of a fire hydrant. 5) On a crosswalk. 6) Within twenty(20) feet of a crosswalk at an intersection. 7) Within thirty (30) feet of any flashing beacon, stop sign, or traffic control signal located at the side of a roadway. 8) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings. 9) At any place where an official sign prohibits parking, stopping, or standing. 10) Within fifty(50) feet of the nearest rail of a railroad crossing. 11)Within twenty(20) feet of the driveway entrance to a fire station, and on the side of a street opposite the entrance to a fire station, within seventy-five (75) feet of the entrance. 12)Alongside or opposite a street excavation or obstruction if stopping, standing or parking would obstruct traffic. 13)On the roadway side of a vehicle stopped or parked at the edge or a curb of a street. 14)Upon a bridge or other elevated structure upon a highway or within a highway tunnel. 15)At any place where official signs prohibit stopping, standing or parking. 16)At any place designated by a yellow curb line, except for emergency vehicles or other City or County vehicles on official business. 17)At any place upon a street or in an alley under such conditions as to create a traffic hazard. For purposes of this section, a traffic hazard will be deemed to exist when the vehicle is parked in such a fashion as to impede normal vehicle traffic through the street or alley or the vehicle blocks the driveway entrance to any abutting property. SECTION II. 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. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana Filed in Clerk's Office MAR 212018 KAREEMAH FOWLER CITY CLERK SOUTH BEND,IN BILL NO. 21-18 Bill No. 21- 18 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO INCLUDE A NEW ARTICLE 13 ESTABLISHING RESPONSIBLE BIDDING PRACTICES AND SUBMISSION REQUIREMENTS ON PUBLIC WORKS PROJECTS STATEMENT OF PURPOSE AND INTENT The City of South Bend ("City") is required by State law to award capital improvement contracts to the"lowest responsive and responsible"bidder(IC §36-1-12- 4(b)(8)). The City pursuant to (IC 36-1-12-4(b)(10)) considers the following factors when determining whether a bidder is a"responsive"bidder: (a)whether the bidder has submitted a bid or quote that conforms in all material respects to the specifications; (b)whether the bidder has submitted a bid that complies specifically with the invitation to bid and the instructions to bidders; and (c) whether the bidder has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the award of a public contract.The City pursuant to Indiana Code 36-1-12-4(b)(11) considers the following factors when determining whether a bidder is a"responsible"bidder: (a)the ability and capacity of the bidder to perform the work; (b)the integrity, character, and reputation of the bidder;and(c)the competence and experience of the bidder. State law also requires that bidders meet certain minimum requirements in order to be a"responsive and responsible"bidder. The City, based upon its experience, has determined that quality workmanship, efficient operation, safety, and timely completion of projects requires all bidders to meet minimum requirements in order to be a"responsive and responsible"bidder.The City seeks to enhance its ability to identify"responsive and responsible"bidders on all City public works projects by instituting more comprehensive submission requirements which are in compliance with State law. This "Responsible Bidding Practices and Submission Requirements"Ordinance will assure efficient use of taxpayer dollars,will promote public safety, and is in the public interest.This Ordinance will also help ensure that no contractor awarded work under this Ordinance, or any subcontractor working on a project award pursuant to this Ordinance, engages in payroll fraud,tax fraud, including the misclassification of employees as independent contractors to avoid paying state, federal or local payroll taxes, workers' compensation insurance,unemployment insurance premiums and failing to pay overtime and wages as required by law. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AS FOLLOWS: SECTION I.Chapter 6(Building)of the South Bend Municipal Code is hereby amended to add a new Article 13 that shall read in its entirety as follows: 1 ARTICLE 13. RESPONSIBLE BIDDING PRACTICES AND SUBMISSION REQUIREMENTS ON PUBLIC WORKS PROJECTS Sec. 6-63. Bid submission requirements. a) Contractors proposing to submit bids on any City project estimated to be at least one- hundred fifty thousand dollars($150,000.00)or more must,prior to the opening of bids,submit a statement made under oath and subject to perjury laws, on a form designated by the City and must include: 1) A copy of a print-out of the Indiana Secretary of State's on-line records for the bidder dated within sixty(60) days of the submission of said document showing that the bidder is in existence, current with the Indiana Secretary of State's Business Entity Reports, and eligible for a certificate of good standing. If the bidder is an individual, sole proprietor or partnership,this subsection shall not apply; 2)A list identifying all former business names; 3) Any determinations by a court or governmental agency for violations of federal, state, or local laws including, but not limited to violations of contracting or antitrust laws, tax or licensing laws, environmental laws, the Occupational Safety and Health Act (OSHA), or federal Davis-Bacon and related Acts,within the preceding five years; 4) A statement on staffing capabilities, including labor sources. This statement shall include whether the bidder has sufficient employees on staff to complete the work it is bidding. If not, the bidder shall outline how it intends to meet the staffing needs of the work; 5)A statement that individuals who will perform work on the public work project on behalf of the bidder will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances; 6) Evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project,which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. Copies of all applicable apprenticeship certificates or standards for these training programs may be requested at any time and shall be furnished upon request; 7)A copy of a written plan for employee drug testing that: (i)covers all employees of the bidder who will perform work on the public work project; and (ii) meets, or exceeds, the requirements set forth in IC 4-13-18-5 or IC 4-13-18-6; 8)(i)A statement that the contractor submitting a bid or quote on a public work project of the City; and all subcontractors from whom the bidder has accepted a bid and/or intends to hire to perform work, on the public work project, are properly licensed; ii) A bidder not so licensed shall be rejected as nonresponsive to the bid or quote request, or the bidder or quoter shall be determined to be a nonresponsible bidder or quoter.It shall be the bidder's or quoter's responsibility to check with the City Building Department to make sure it and all subcontractors have all necessary licenses to 2 undertake the work called for in the bid or quote The bidder shall immediately remove any subcontractor not so licensed; 9)Evidence that the contractor is utilizing a surety company which is on the United States Department of Treasury's Listing of Approved Sureties as required in the bid specifications or contract; 10) A written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years; and, 11) A list of projects of similar size and scope of work that the bidder has performed in all areas, including the State of Indiana, within three (3) years prior to the date on which the bid is due. b)The City reserves the right to request supplemental information from the bidder, additional verification of any information provided by the bidder, and may also conduct random inquiries of the bidder's current and prior customers. Sec. 6-64. Post-bid submissions. a) All bidders shall collect, maintain, and provide upon request, a current written list that discloses the name, address, licensing status, and type of work for any subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors. b) Each subcontractor, whose portion of the project is estimated to be at least one-hundred fifty thousand dollars($150,000.00), shall be required to adhere to the requirements of Section I of this Ordinance as though it were bidding directly to the City, except that the subcontractor shall submit the required information (including the name, address, and type of work) to the successful bidder prior to the commencement of work. c) Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payments otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. d)The disclosure of a subcontractor list("Disclosed Subcontractor(s)")to the City by a bidder shall not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the name, address, licensing status, and type of work of the substitute subcontractor. Sec. 6-65. Validity of pre-qualification classification. Upon designation by the City that a contractor's submission in anticipation of a bid is complete and timely, and upon any further consideration deemed necessary by the City, the contractor may be pre-qualified for future City public works projects. A contractor's classification as qualified" shall exempt the contractor from the comprehensive submission requirements outlined in Section 6.63(a) of this Article for a period of twelve (12) months, excepting subsections 6.63(a)(1), (a)(4), (a)(9) and (a)(11) which shall be submitted for every bid 3 submission.Thereafter,contractors who are pre-qualified must submit a complete application for continuation of"pre-qualified" standing, on a form provided by the City, (also referred to as the "short form") by December 31St for the upcoming calendar year. Failure by any pre- qualified contractor to timely submit its complete application for continuation of "pre- qualified" standing shall result in automatic removal of the designation,effective January 1 of the upcoming year. However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works projects. Sec. 6-66. Incomplete submissions by bidders. It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to the bidder in Section 6.63 of this Article by no later than the public bid opening. Post-bid submissions must be submitted in accordance with foregoing Section 6.65 of this Article. Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid. Sec. 6-67. Responsive and responsible bidder determination. The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements,determine whether a bidder is responsive and responsible.The City specifically reserves the right to utilize all information provided in the contractor's submission or any information obtained by the City through its own independent verification of the information provided by the contractor. Sec. 6-68. Certified pavroll. For any projects estimated to be at least one-hundred fifty thousand dollars ($150,000.00) or more, the successful bidder and all subcontractors working on a public works project are required to submit to the awarding agency, and general contractor if applicable, a detailed certified payroll utilizing the federal form now known as WH-347 or a similar form on a biweekly basis, unless different payroll reporting requirements are stated under the bid specifications or contract. The certified payroll must be prepared on a biweekly basis and submitted to the City within ten(10)calendar days after the end of each biweekly payrol I period in which the bidder or subcontractor performed its work on the public works. The certified payroll reports shall identify the job title and craft of each employee on the project. The City may withhold payments due for work performed by a bidder if the bidder or subcontractor fails to submit its certified payroll reports timely or until such certified payroll reports are submitted. Sec. 6-69. Public records All information submitted by a bidder or a subcontractor pursuant to this Article, including certified payrolls, are public records subject to review pursuant to the Indiana Access to Public Records Act(IC 5-14-3)and any other applicable disclosure laws. Sec. 6-70. Penalties for false,deceptive,or fraudulent statements/information a) Any bidder that willfully makes, or willfully causes to be made, a false, deceptive or 4 fraudulent statement, or willfully submits false, deceptive or fraudulent information in connection with any submission made to the City shall be disqualified from bidding on all City projects for a period of three (3)years. b) For projects that fall under the requirements of Section 6-68 of this Article, the City may engage in an audit and/or verification process of the information provided. To the extent that material errors are identified,the City may do the following; i)Require the bidder to reimburse the City the actual cost of the audit; ii) Assess a penalty of up to $2,500, it being determined that each material error constitutes a separate violation of this Ordinance. Secs. 6-71 -6.73. Reserved. SECTION II. Severability. If any provision of this Ordinance is found to be invalid, the remaining provisions of this Ordinance shall not be affected by such a determination. These other provisions of this Ordinance shall remain in full force and effect without the invalid provision. SECTION III. Implementation Date. The Board of Public Works shall apply this ordinance on all applicable bids advertised on or after July 1, 2018. SECTION IV. This Ordinance shall be in full force and effect from and after the date of adoption by the Common Council,approval of the Mayor and any publication required by law. Tim Scott, Council President South Bend Common Council Karen L. White,At Large Council Member South Bend Common Council Jo M. Broden,41 District Council Member South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk 5 Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018,at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018,at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana 6 1200 COUNTY-CITY BUILDING SpUT PHONE 574/235-9241 227 W.JEFFERSON BOULEVARD O d FAX 574/235-7670 SOUTH BEND,INDIANA 46601-1830 TTY 574/ 235-5567 1W re,ce a 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF LAW STEPHANIE STEELE ALADEAN M.DEROSE CORPORATION COUNSEL CITY ATTORNEY March 21,2018 Filed in Clerk's Office Mr. Tim Scott,President MAR 2 2 2015 South Bend Common Council KARfifiPViAH Ff}W . R 227 West Jefferson Blvd., 4`'Floor CITY CLERK, SOUTH REND, IN South Bend, IN 46601 Re: Resolution Approving Interlocal Agreement For Law Enforcement Special Units Dear Council President Scott: Attached for filing with the South Bend Common Council is a Resolution to approve an Interlocal Agreement between the City of South Bend and the St. Joseph County Prosecutor concerning the mutual operation of special law enforcement units known as Metro Units (the Agreement). This Resolution grows out of a history of City Police Department cooperation with the St.Joseph County Prosecutor for crimes of particular high impact on the safety and welfare of City citizens. The Metro Units covered by the Interlocal Agreement are the St. Joseph County Metro Homicide Unit("CMHU"),the St.Joseph County Special Victims Unit("SVU"),and the St.Joseph County Drug Investigation Unit ('DIU"). By this Agreement the City will cooperatively assist the Metro Units'operation by providing South Bend Police Department officers to serve as investigators,and additionally by providing funds for the cost and expenses of three additional investigators at approximately $103,000 annually per officer, or about$308,500 in total. Sufficient funds exist within the City's 2018 Budget to cover this service program. ELLIOT A.ANDERSON ASHLEY MILLS COLBORN CLARA MCDANIELS THOMAS E.PANOWICZ DANIELLE CAMPBELL WEISS BILL NO. 18-12 Mr. Tim Scott,President March 21,2018 Page 2 Placement of this Resolution on the Council's agenda for its meeting on March 26, 2018 is requested. At this time we believe the presenter of this Resolution will be a member of the City Legal Department. Thank you for your consideration. Sincerely, Aladean DeRose City Attorney rRed Clerk's Office BILL NO. 18-12 21 2018 RESOLUTION NO. KAREEMAH FOWLER A RESOLUTION OF CLERK,SCJUTH RENp, !td THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND,INDIANA,AND ST. JOSEPH COUNTY, INDIANA, FOR THE MUTUAL OPERATION OF SPECIAL LAW ENFORCEMENT UNITS KNOWN AS METRO UNITS ADDRESSING CRIMES OF SPECIAL GRAVITY IN ST. JOSEPH COUNTY WHEREAS, the City of South Bend, Indiana, through the South Bend Police Department SBPD") has a history of cooperating with the St. Joseph County Prosecutor in the investigation and prosecution of crime within the City of South Bend; and WHEREAS, St. Joseph County, Indiana, has created three special units that conduct criminal investigations of certain crimes deemed to have high impact upon the safety and welfare of citizens of St. Joseph County, Indiana, and which further provide services to victims of certain crimes. These are the St. Joseph County Metro Homicide Unit("CMHU"); the St. Joseph County Special Victims Unit (SVU); and the St. Joseph County Drug Investigation Unit (DIU), collectively known as the"Metro Units"; and WHEREAS,the CMHU presently combines the expertise of highly skilled and trained law enforcement officers from the St. Joseph County Police Department, the SBPD, the Mishawaka Police Department and the Notre Dame Security Police Department, as well as the technical and support services of Indiana University South Bend, to among other things investigate, gather and report data, and share information with the SBPD concerning crimes involving death or deadly force and other connected crimes. The SVU conducts criminal investigations and provides services to victims of domestic violence, child abuse and sexual assault in St. Joseph County, and the DIU investigates and prosecutes drug related crimes within St. Joseph County particularly those involving overdose deaths, and armed drug traffickers. WHEREAS, Indiana Code 36-1-7,the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise,jointly or by one entity on behalf of others,powers that may be exercised by such units severally; and WHEREAS, pursuant to IC 36-1-7, the City will cooperatively assist the Metro Units operation by providing South Bend Police Department officers to serve as Investigators, by providing each of these Investigators with a vehicle and requisite equipment, and by providing funds to pay for the cost and expenses of three additional Investigators of approximately$103,000 per officer annually, for an annual total of about $308,500. The Prosecutor of St. Joseph County will provide for the facilities needed for the Metro Unit operations subject to a separate cost sharing arrangement with the City, and the cost of the Metro Unit command staff,among other things; and WHEREAS, The City of South Bend and St. Joseph County, Indiana,have entered into an Interlocal Agreement, a copy of which is attached hereto and incorporated herein as Exhibit A, containing all the governing provisions for South Bend's participation in the cooperative Metro Units crime investigation and service program; and WHEREAS, sufficient funds exist within the City's 2018 Budget to cover the City's costs of participation in the cooperative Metro Units crime investigation and service program during calendar year 2018. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. The Common Council of the City of South Bend, Indiana, has considered and hereby ratifies, confirms, and approves the Interlocal Agreement attached as Exhibit A to this Resolution,governing the City of South Bend Police Department's participation in the Metro Unit crime investigation and service program in St. Joseph County, Indiana. Section II. This Resolution shall be given retroactive effect as of January 1, 2018 from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Filed in Clerk's Office MAR 21 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN ST. JOSEPH COUNTY METRO UNITS INTERLOCAL AGREEMENT This St. Joseph County Metro Units Interlocal Agreement (this "Agreement") is entered into on 2018, by and between the Board of Commissioners of St. Joseph County, Indiana(the "County") and the City of South Bend, Indiana(the "City") collectively,the "parties") as it relates to the South Bend Police Department's (the "SBPD") participation in the St. Joseph County Metro Homicide Unit ("CMHU"), the St. Joseph County Special Victims Unit (the "SVU"), and the St. Joseph County Drug Investigation Unit (the DIU") (collectively, the "Metro Units"). RECITALS A. The SBPD is a public safety and law enforcement unit supervised by the Chief of Police (the "Chief') and operating within the City in St. Joseph County, Indiana, in accordance with its legal authority and jurisdiction; and B. The St. Joseph County Prosecutor's Office is tasked with prosecuting individuals who are charged with committing crimes within the County of State Joseph, Indiana supervised by the Prosecuting Attorney (the"Prosecutor"); and C. The parties desire to continue past and ongoing efforts to cooperate and coordinate their functions and expertise and agree that the terms, conditions, and operations provided for in this Agreement will be in the best interest of their respective communities; and D. The parties are governmental entities and political subdivisions organized and existing pursuant to the laws of the State of Indiana; and E. Indiana Code 36-1-7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise,jointly or by one entity on behalf of others,powers that may be exercised by such units severally; and F. The parties agree that it is desirable, advantageous, and in the public interest to enter into an Agreement for joint and cooperative action as embodied herein. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and pursuant to the authority granted the parties under Ind. Code 36-1-7, the County and the City agree as follows: Article I. Statutory Authorily, Purpose and Duration of Agreement: Unit Missions: Physical Locations Section 1.01 Authority. The parties make this Agreement under the authority and subject to the terms and provisions of the Interlocal Cooperation Act, Ind. Code 36-1-7 (the"Act"). The parties agree that, upon its full approval by the City and the County ir y1r,-s-nec -- bodies),this Agreement will satisfy each requirement of Section 4(a)o th ,e h lin i the necessity of approval by the Indiana Attorney General. MAR 212010 KAREENIANIF;b 'LER CITY CLERK,SOUTH BEND,IN Page 1 Section 1.02. Purpose_. Pursuant to Section 3(a)(2) of the Act, the parties agree that the purpose of this agreement is to define the mutual responsibilities of the parties concerning the functions and management of the Metro Units. Section 1.03. Duration. Pursuant to Section 3(a)(1) of the Act, the parties agree that this Agreement shall become effective January 1, 2018, and will continue until it is terminated in writing by the parties. Section 1.04. Termination. Pursuant to Section 3(a)(4) of the Act, the parties may, at any time, mutually agree in writing to terminate the Agreement. Before June 1 of any year, a party may unilaterally terminate the Agreement for the following year by providing written notice that the Agreement will not continue beyond December 31 of that year. Within sixty 60) days, or a reasonable time mutually agreed upon, following the parties' termination of this Agreement, each Metro Unit will return all of the SBPD's property and assets to the SBPD in good working order and condition, ordinary wear and tear excepted. Section 1.05. Unit Missions and Objectives. The parties mutually acknowledge that the Metro Units have and pursue the following missions and objectives, respectively: a) The CMHU's mission is to promote community welfare and lessen the burdens on government policing authorities by facilitating the expertise of highly skilled, well- trained law enforcement officers from the SBPD,the St. Joseph County Police Department,the Mishawaka Police Department, and the Notre Dame Security Police Department, coupled with the technical and support services of Indiana University South Bend,to focus on solving past and future crimes of special gravity within St. Joseph County. The initial primary objectives of the CMHU are as follows: i) ensure that all scenes of a suspicious,unusual or unnatural death are properly investigated; ii) investigate incidents in which deadly force was employed by or against a law enforcement officer; iii) investigate other criminal offenses where jurisdiction is invoked by the Commander and by agreement with the Chief Law Enforcement Officer from that jurisdiction iv)gather and report data relating to homicides in St. Joseph County; and iii), share information between the CMHU and the SBPD to aid in the investigation of other connected crimes with consideration given to the confidential nature of CMHU investigations. b) The SVU is responsible for conducting criminal investigations in all cases of domestic violence, child abuse, and sexual assault within St. Joseph County as set forth in Appendix 1. The objective of the SVU shall be to provide professional, compassionate, and competent assistance to victims and their families by specializing in the investigation of these classifications of cases and providing additional victim services when needed and appropriate. c) The DIU is responsible for the investigation and prosecution of specific drug-related crimes in St. Joseph County. The initial primary objective of the DIU is to investigate overdose deaths within St. Joseph County. Secondary objectives include investigating armed drug traffickers within St. Joseph County. Page 2 Section 1.06. Physical Locations. The Metro Units are located at the following addresses, respectively: a) The CMHU is located at 523 East Jefferson Boulevard, South Bend, Indiana 46617. b) The SVU is located at 533 N. Niles Avenue, South Bend, Indiana 46617. c) The DIU is located at 523 East Jefferson Boulevard, South Bend, Indiana 46617. Article II. Administration Section 2.01. Joint Board. Pursuant to Section 3(a) (5) (b),the Parties agree that this Agreement shall be administered through a joint board consisting of six(6)members(the"Joint Board")who shall be: a. The Prosecuting Attorney of St. Joseph County, Indiana; b. The Sheriff of St. Joseph County, Indiana; c. The Chief of Police of South Bend, Indiana; d. The Chief of Police of Mishawaka, Indiana; e. The Chief of Police of Notre Dame Security Police Department; f. The Chief of Police of Indiana University Police Department; and g. A civilian member to be appointed by a majority vote of the second in command for the agencies represented by the joint board. Elections for this member shall take place every two (2)years. The Joint Board shall meet bi-monthly on the first Friday following the first Thursday of the month in the Office of the Prosecuting Attorney at 9:30 a.m.,or as otherwise mutually agreed and shall be chaired by the Prosecuting Attorney. Article III. South Bend Police Metro Units Personnel Assignments Section 3.01. Assignment Authority. In furtherance of the Units' missions and objectives,the parties acknowledge and agree that the Chief, in his sole discretion, will have the authority to assign SBPD officers to the Metro Units. Section 3.02. Applications for Assignment. Any SBPD officer interested in assignment to a Metro Unit will be required to comply with all posting,application,and interview requirements of the SBPD, including, without limitation, the following procedure: a) The SBPD will require officers interested in being assigned to a Metro Unit to complete an interview with an interview committee as part of the application process. The Human Resources Department and the Office of Risk Management will screen applicants for qualifications prior to the interview. Officers not meeting all SBPD or City requirements will not be granted an interview and will not proceed further in the application process. Whenever possible,the interview Page 3 committee will include the relevant Metro Unit commander and/or assistant commander, the Prosecutor or his designee,one (1) SBPD officer who was formerly assigned to the relevant Metro Unit, one (1) member of the SBPD command staff, and a member of the South Bend Human Resources Department. Interview committee members must remain consistent for the entire round of interviews. The interview committee will score and rank the applicants based on the interview portion of the application. b) After the interview committee has completed all interviews and have scored and ranked all of the interviewees,the interview committee will submit the names of the top three 3)to five(5)applicants to the Chief of the SBPD. The Chief,based on SBPD needs and resources, will give the names of the top three (3)to five (5) candidates to the Prosecutor. The Prosecutor shall then, from those three (3)to five (5) candidates select the candidate(s)to be assigned to the open position(s) in the relevant Metro Unit. If the Prosecutor determines that none of those candidates qualify for the open position,he/she may end the hiring process at that time. Within ninety(90) days,the Prosecutor may ask for the hiring process to be re-started. The City will have forty-five (45) days from the date of notice by the Prosecutor to restart the hiring process. c) Any interview recordings, or papers/forms used for scoring, ranking, or evaluating applicants shall remain confidential. The City may disclose them as required by law, in defense of any claim or complaint, or in the course of any legal proceeding. Section 3.03. Officer Expectations. The parties expect all SBPD officers assigned to a Metro Unit to strive to act in a professional manner in order to inspire the public trust and confidence. All officers are public servants and shall keep all contacts with the public professional and courteous. All officers have a responsibility to the community,to the SBPD, and to themselves. Additionally, all officers are expected and required to comply with all policies, procedures, orders, chain of command, and rank structure of the SBPD.Nothing in this Agreement shall be construed as a waiver of the policies,procedures, orders, chain of command, and rank structure of the SBPD. Section 3.04. Term of Assignment. Officers assigned to a Metro Unit are limited to a three(3)year term, with continual assignment assessments/performance reviews completed by the officer's supervisors within the SBPD. The SBPD supervisors may ask for input from the Metro Unit commander for assessments and/or performance reviews. At his/her sole discretion, the Chief may extend an officer's assignment to the Metro Unit for no more than one(1)year, making it a potential maximum of four(4)years. However, interested officers may re-apply and repeat the entire application process if they would like to be considered for re-assignment to a Metro Unit. Section 3.05. Complaints. Complaints or administrative advisories regarding SBPD officers assigned to a Metro Unit may originate from the Metro Unit or elsewhere. If a complaint or administrative advisory originates from the Metro Unit, it shall be directed to the SBPD Office of Professional Standards(the"SBPD OPS"). The SBPD shall proceed with the investigation and recommendation to the Chief of the SBPD for discipline or corrective action. Section 3.06. Officer Removal. Upon no less than thirty (30) days' written notice to the commander of the affected Metro Unit, the Chief, in his sole discretion, may remove from any Metro Unit any officer appointed to serve such Metro Unit. Notwithstanding the foregoing Page 4 sentence, the parties understand that discipline or termination may require an officer's immediate removal from the Metro Unit,and the commander of each Metro Unit will cooperate with any such requirements. The position lost by this removal shall be filled under the requirements of Section 3.02, et.al. and shall be subject to personnel availability. Section 3.07. Alternates. In cases of injury or medical leave, the commander of a Metro Unit may request an alternate officer to be assigned from the SBPD as a temporary or part-time assignment, with the SBPD bearing all expenses of the alternate officer. The SBPD's referral is subject to the commander's acceptance. The alternate officer will be allowed to train and work with the Metro Unit subject to any duty restrictions he or she is under. Section 3.08. Bi-Annual Review of Needs. The SBPD agrees to review and evaluate its personnel needs and its Metro Unit assignments on at least a bi-annual basis. The bi-annual review should include an analysis of personnel distribution, staff needs or shortages, types of cases handled, and efficiency of case investigation flow. The Metro Units agree to provide a monthly statistical classification update to the SBPD for reporting to the Board of Public Safety and other agencies as required by state and federal law. Section 3.09 "Investigators." SBPD officers assigned to the Metro Units will be referred to as "Investigators." Some Investigators may also function as crime scene technicians, or other roles as the need arises. The designation of"Investigator"or any additional roles,titles,or responsibilities within a Metro Unit does not equate to or necessitate a promotion or salary increase from the SBPD. The day-to-day supervision and administrative control over the Investigators, with respect to the Metro Unit investigations and prosecutions,will be the responsibility of the Metro Unit commander and/or the assistant commander. With regard to matters related to the Metro Unit,the Investigators will also be subject to the Metro Unit regulations and policies including those related to tactics,investigative procedures, and performance. In case of conflict between SBPD policies and the Metro Unit policies, SBPD policies will supersede conflicting Metro Unit policies for all SBPD officers assigned to the Metro Unit. Each SBPD Investigator shall remain subject to SBPD supervision and policies, with direct supervision to be administered by the Commander or Assistant Commander of the Metro Unit. Each SBPD Investigator shall report to the SBPD regarding matters including,but not limited to caseload size, directions concerning policies and procedures that are given by the Investigative Bureau of the SBPD, including matters related to standards of conduct, sexual harassment, and equal opportunity. Failure to comply with any of the foregoing may result in the Investigator's removal from the Metro Unit. Administrative advisories,recommendations, commendations or complaints regarding officers assigned to Metro Units will be directed to the SBPD in a timely manner so that the SBPD may determine what, if any, investigation is required, and act accordingly. Section 3.10. Overtime. The parties understand that SBPD officers assigned to the Metro Unit may have "on-call" responsibilities and may be required to work after-hours to conduct investigations. The Chief or his/her designee will coordinate with the Metro Unit commander to set overtime guidelines. The Chief will review overtime usage on a monthly basis. If the Chief sets a specific limit on the number of overtime hours which may be worked, overtime hours surpassing that number set by the Chief will not be approved. The Chief or his/her designee will notify the Metro Unit commander if budgetary concerns arise or there is need to reduce the number of overtime hours previously established by the Chief. Page 5 Section 3.11 Reports and Files. A Metro Unit supervisor must review and approve all investigative reports, which are prepared and submitted by Metro Unit Investigators. Once approved, all investigative reports will become a part of a numbered investigative file. The Metro Unit Investigators may utilize their own investigative report format provided they conform to the criteria outlined by the Metro Unit commander. All investigative reports and related documents, civil or criminal, will be considered permanent records of the Metro Unit. The Metro Unit is responsible for maintaining a readily accessible copy of every Metro Unit-generated investigative report. Any public requests for access to the records or any disclosures of information obtained by Metro Unit Investigators will be handled by the Prosecutor, in accordance with applicable statutes,regulations, and policies pursuant to the Freedom of Information Act and the Privacy Act, Access to Public Records Act, and other applicable State and federal statutes or regulations. Reports properly requested by Internal Affairs or the City Legal Department will be provided by the Metro Unit and will be protected with the same level of confidentiality the Metro Unit and Prosecutor require. During the course of the investigation,information relating to persons involved,locations, vehicles used and any other relevant information deemed law enforcement actionable intelligence will be shared via the Crime Portal, CIB, e-mail, Law Enforcement Strategy Sessions (L.E.S.S.) meeting dissemination, and in person to fellow law enforcement officers from SBPD. Intelligence regarding the identity of confidential sources, informants, undercover officers or any other information which could compromise safety of such person(s)or any officer or the integrity of an investigation will be withheld when necessary. Such information will only be released to the Chief or his designee. Article IV. Unit-Specific Provisions Section 4.01. CMHU-Specific Provisions. The provisions set forth in this Section 4.01 pertain to the CMHU alone. In the event of any conflict between the terms of this Section 4.01 and any other Section or provision of this Agreement,the terms of Section 4.01 will prevail. a) The Prosecutor will provide a commander to serve as the head of the CMHU. The commander will report on a monthly basis to the Chief or his/her designee concerning the status of the investigations and case assignments. b) The SBPD agrees to make available to its assigned CMHU Investigators any equipment, including encrypted 800 MHz radios and batteries, ordinarily assigned for use in the course of CMHU investigations,provided,however,that such equipment is exclusively designated for use by SBPD officers. Any equipment donated or loaned by SBPD to CMHU is the responsibility of the Prosecutor for maintenance, repairs, service agreements, and any injuries or damages arising out of the CMHU's use of such equipment unless otherwise agreed to by the parties at that time. It will be the responsibility of the CMHU to provide any other equipment, including, but not limited to, cellular communication devices and office supplies,to all assigned Investigators. c) The SBPD will assign police,preferably unmarked, vehicles to be used solely by SBPD officers for use in the course of investigations. A limited number of spare police vehicles are maintained at the SBPD for use when SBPD officers are having maintenance done to Page 6 their assigned vehicles. These vehicles shall be checked out/in through the SBPD Support/Investigative Division. d) SBPD will continue to cooperate with the Prosecutor to share in the costs of the training for its officers assigned to the CMHU. Pursuant to SBPD policy, SBPD officers will be required to submit all training requests for approval by the SBPD.Approval for such requests is at the discretion of the Chief. e) Officers shall follow the time off scheduling and requesting procedures as outlined in the Collective Bargaining Agreement with the Fraternal Order of Police and the South Bend Police Department Duty Manual. Section 4.02. SVU-Specific Provisions. The provisions set forth in this Section 4.02 pertain to the SVU alone. In the event of any conflict between the terms of this Section 4.02 and any other Section or provision of this Agreement, the terms of Section 4.02 will prevail. a) The Prosecutor will provide the command structure for the SVU consisting of a commander and an assistant commander. The commander or the assistant commander will report on a monthly basis to the Chief or his/her designee concerning the status of the investigations and case assignments. The assignment of investigations related to domestic violence, child abuse, and sex crimes occurring in the City shall follow the general policies and procedures set forth in the protocol attached hereto as Appendix 1. b) The Prosecutor agrees to provide the physical building, office supplies, and investigative equipment necessary for the SVU's existence, subject to any cost-sharing arrangement entered into by and between the Prosecutor and the SBPD under the terms of a separate written agreement. The SVU shall be located in a neutral location, and it shall not be housed in any building otherwise occupied by another law enforcement agency participating in the SVU. c) The salaries and benefits of the commander, assistant commander, and all support staff will be the responsibility of the Prosecutor. The Prosecutor will also provide the appropriate number of deputy prosecuting attorneys and support staff within for the SVU. The deputy prosecutors and support staff provided shall be dedicated to the prosecution of crimes. d) The salaries and benefits of any SBPD officer assigned to the SVU shall be the responsibility of the SBPD. e) Officers assigned to the SVU shall function in a rotational "on-call" capacity, according to their specialty of investigation, for after-hours emergency response. The overtime cost of the"on-call"hours worked by each assigned officer shall be paid by the SBPD, regardless of the jurisdiction in which the"call out" originated. The call out protocol is established and included in the SVU protocol. On-call supervisors will be the first contact for on-call response and the decision, in consultation with on-duty supervision of a jurisdiction, is their responsibility as it relates to protocol and the incident being dealt with at the time. Officers shall follow the time off scheduling and requesting procedures as outlined in the Collective Bargaining Agreement with the Fraternal Order of Police and the South Bend Police Department Duty Manual. Page 7 g) The SVU will provide to the officers specialty equipment used in the investigative function of their job responsibilities. This equipment shall include digital cameras, photo supplies, recorders, computer work stations, cellular telephones, pagers, and all appropriate office supplies necessary to conduct their investigations. The SBPD agrees to provide a vehicle, police radio, and the basic departmental issued equipment for its personnel. h) Specialty training will be provided to SBPD officers assigned to the SVU to enhance their job skills and further develop their specialty expertise. The costs of this training for each officer shall be shared between the SBPD and the Prosecutor. Training opportunities for individual officers within the SVU will be subject to approval by both the commander of the SVU and the training bureau of the SBPD. Section 4.03. DIU-Specific Provisions. The provisions set forth in this Section 4.03 pertain to the DIU alone. In the event of any conflict between the terms of this Section 4.03 and any other Section or provision of this Agreement, the terms of Section 4.03 will prevail. a) The Prosecutor will provide a commander to serve as the head of the DIU for fulfilling the obligations of the DIU under this Agreement. The commander report on a monthly basis to the Chief or his/her designee concerning the status of the investigations and case assignments. b) The SBPD will cooperate with the Prosecutor to share in the costs of appropriate training for all SBPD officers assigned to the DIU. c) Officers shall follow the time off scheduling and requesting procedures as outlined in the Collective Bargaining Agreement with the Fraternal Order of Police and the South Bend Police Department Duty Manual. Article V. Personnel Sugnrt Section 5.01. Current Ci1y Participation. The Parties mutually acknowledge and agree that, as of the Effective Date of this Agreement, a total of sixteen(16) employees of the City are assigned to serve in the Metro Units on a full-time basis and zero (0) employees of the City are assigned to serve in the Metro Units on a less-than-full-time basis. Section 5.02. Temporary Reduction of City Participation. Within ninety (90) days after the Effective Date of this Agreement,the City, acting through the Chief of the City's Police Department,will remove from service in the Metro Units three(3) City employees, who shall be selected by the Prosecutor. Upon the later of(a)the end of the Term of this Agreement or (b)two 2) years after the last new employee is hired by the Prosecutor's Office under the terms of Section 4 below, the Parties will negotiate in good faith concerning the return of three (3) City employees to service in the Metro Units, in light of the Personnel needs of the Metro Units and, as the City may determine in its reasonable discretion, the availability of City employees to serve in the Metro Units at that time. For each City employee returned to a Metro Unit, one (1)person Page 8 hired under Section 5.03 shall be released from service. Section 5.03. Hiring by the Prosecutor's Office; Limitations. During the Term of this Agreement,the Prosecutor's Office agrees to hire the number of full-time employees necessary to offset the City's removal of City employees from service in the Metro Units under Section 5.02 as mentioned above,which number will not exceed three(3). Unless specifically approved by the Chief and City Legal,the Prosecutor's Office agrees that it will not hire: a) any current City employee; b) any former City employee who is involved, as a party or witness adverse to the City or the City's officers or employees), in any pending litigation, dispute, or controversy concerning any subject matter; or c) any former City employee, unless his or her employment by the City terminated at least two (2) years prior to the proposed date of hiring by the Prosecutor's Office and he or she has waived in writing any and all past and future claims against the City(and the City's officers and employees). Any person hired by the Prosecutor's Office in accordance with this Agreement will be an employee of the Prosecutor's Office and not an employee of the City. Notwithstanding the payments contemplated in Section 5.04 below,the County (through the Prosecutor's Office) will directly bear all costs and expenses of hiring and employing its new employees. Section 5.04. City Payments; Maximum Liability_ Upon the decision to hire a new investigator by the Prosecutor's Office under Section 4 above, the Prosecutor's Office will notify the City of the name, salary, length of the service contract and provisions for paid time off for vacation, sick and personal days of the prospective employee in writing. After receiving such notice from the Prosecutor's Office,the City will have up to twenty-one(21) days in which to ensure that the new employee qualifies under Section 5.03. In the event the City determines that the Prosecutor's Office has complied with Section 5.03,then within thirty(30) days after such determination the City will submit to the Prosecutor's Office a check payable to the St. Joseph County Treasurer in the amount as shown in Appendix II which is equal to the expected annual salary expense for the prospective employee, and transfer to the Prosecutor's Office ownership of one (1) unmarked vehicle for the use by that investigator. In light of the salary limitations stated in Appendix II, the City's payments for each investigator hired under this Agreement will not exceed the total annual salaries of the investigators as stated at Appendix II. The Parties mutually agree and acknowledge that any payment by the City under Article 5 will be applied for the sole purpose of offsetting the costs and expenses of new employees hired in accordance with Section 4 above, which costs and expenses will at all times remain the responsibility of the County through the Prosecutor's Office. The parties also agree that except for compliance with Section 3 the decision to employ or not employ any applicant is within the sole discretion of the Prosecuting Attorney. Each year on the anniversary date of the hire of each investigator the County shall prepare and Page 9 provide to the Chief or his/her designee a statement detailing the expenses expended under this agreement for that investigators. Notwithstanding any provision to the contrary, in the event the employment of a new investigator hired by the Prosecutor's Office ceases for any reason, then the Prosecutor's Office will prepare the statement for the period since the last anniversary date and pay back to the City the unpaid portion of the expected annual salary, including any overtime compensation. If the Prosecutor decides to continue the employment of an investigator for a new term then it shall notify the Chief or his/her designee of this intent. Section 5.05. Additional Personnel Option. During the duration of this Agreement, the parties, by agreement, may remove from service one (1) additional officer from the Metro Units for return to the SBPD. If this option is utilized, the Prosecutor is authorized to hire one (1) additional officer utilizing the hiring process established in Section 3. Upon the decision to hire a new investigator by the Prosecutor's Office and providing notice to the City, the City will have up to twenty-one (21)days in which to ensure that the new employee qualifies under Section 5.03. In the event the City determines that the Prosecutor's Office has complied with Section 5.03,then within thirty(30) days after such determination the City will submit to the Prosecutor's Office a check payable to the St. Joseph County Treasurer in the amount of$92,000 and transfer to the Prosecutor's Office ownership of one (1)unmarked vehicle for the use by that investigator. The other stipulations and requirements listed in Article V apply to the hiring of an additional Metro Unit officer under this section. Section 5.06. Equipment Reimbursement. Upon the hiring of an officer under Article 5, the Prosecutor may secure the purchase of a police handgun, a protective vest, and a computer device for each officer hired as outlined in Appendix II. After that purchase,the Prosecutor will have thirty (30) days to submit to the City a request for reimbursement of the costs associated with the equipment purchase, complete with an itemized receipt(s). Upon receiving a request for reimbursement,the City will have thirty (30) days to submit to the Prosecutor's Office a check payable to the St. Joseph County Treasure in the amount shown on the itemized receipt(s)up to 2,750.00 per officer hired. Section 5.07. Subject to Appropriations. Notwithstanding any provision to the contrary, the City's payments required under this Agreement are subject to the appropriation of sufficient funds in accordance with I.C. 6-1.1-18. Section 5.08. No Third-Party Beneficiaries. The Parties expressly disclaim the existence of any third-party beneficiaries of this Agreement. Nothing in this Agreement, express or implied, is intended or will be construed to confer upon any person or entity, other than the Parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this Agreement or any term, covenant, or condition hereof, as third-party beneficiaries or otherwise,and all of the terms, covenants, and conditions hereof will be for the sole and exclusive benefit of the Parties. Section 5.09. Relationship. Nothing in this Agreement will be construed to create an agency or joint-venture relationship between the City and the Prosecutor's Office, and no Page 10 employee of the Prosecutor's Office,including any new employee solicited or hired in accordance with Section 4 above, will be deemed an employee of the City. Section 5.10. Indemnification. The Prosecutor's Office agrees to defend,indemnify,and hold harmless the City(and the City's officers and employees)from and against any and all claims of any nature which arise from the performance by the Prosecutor's Office under this Agreement and from all costs and attorney fees in connection therewith, except for claims arising out of the negligence of the City (or the City's officers or employees). The obligations of the Prosecutor's Office under this Section 10 will survive the expiration or termination of this Agreement. Article VI. Storage, Transportation, and Destruction of Evidence Section 6.01. Storage. The SBPD agrees to store all drugs, firearms, currency, and other evidence taken through a Metro Unit investigation originating within its jurisdictional area in accordance with SBPD's guidelines for the handling of evidence and property. Section 6.02. NIBIN. All firearm evidence taken in connection with a Metro Unit investigation within the corporate boundaries of the City shall be submitted to the SBPD Crime Laboratory for National Integrated Ballistics Information Network(NIBIN) examination. Section 6.03. Transportation. Metro Unit officers or investigators will be responsible for transporting to court proceedings all evidence collected in connection with a Metro Unit investigation, as requested by the deputy prosecuting attorney assigned to an associated prosecution. The same Metro Unit officers or investigators will also be responsible for collecting such evidence at the conclusion of the court proceeding, as directed by the court or the deputy prosecuting attorney. Section 6.04. Destruction. The SBPD will be responsible for the authorized and timely destruction of any evidence(including drug evidence and firearm evidence) once authorized by the Prosecutor or a court order collected in connection with a Metro Unit investigation or prosecution that was seized within the jurisdictional area of the SBPD, according to State and federal law and the SBPD's own policies and procedures. Article VII. Media Section 7.01. Media Relations. All media relations with respect to a Metro Unit investigation or prosecution will be handled by the Metro Unit's commander or a designee of the commander. Information for press releases will be reviewed and disseminated by the Prosecutor. No SBPD officer will give a statement to the media concerning any ongoing investigation or prosecution without the concurrence of the Metro Unit's commander,the Prosecutor, and the Chief. Article VIII. Unit Conflict Resolution Section 8.01. Conflict Resolution. In the event any matter not addressed by the terms of this Agreement or any dispute between the parties concerning the scope or meaning of the terms of this Agreement arises, the commander of the Metro Unit in question will cooperate in good faith to confer with the Chief(or the Chief's designee(s))to mutually determine (a)the proper manner in which to handle the matter or dispute that has arisen and (b) whether an amendment Page 11 modifying the terms of this Agreement is appropriate to memorialize the mutual determination,to avoid future disputes, or otherwise to clarify the parties' practices and expectations. Article IX. General Provisions Section 9.01. Amendments. This Agreement may be amended, modified, or supplemented at any time by a written instrument signed by an authorized representative of each party. The failure of any party to enforce at any time any provision of this Agreement shall not be construed as a waiver of such provision,nor in any way to affect the validity of this Agreement or any part hereof or the right of such party thereafter to enforce each and every such provision.No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. Section 9.02. Assignment. No Party may assign this Agreement or any of its rights, interests, obligations, or duties hereunder,whether by operation of law or otherwise, without the express written consent of the other Party. Section 9.02. Severability. Should any part of this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or against public policy, said offending section shall be void and of no effect, and shall not render any other section herein, nor this Agreement as a whole, invalid. Those rights, interests, obligations, and duties hereunder, which by their nature should survive, shall remain in effect after termination, suspension, or expiration hereof. Section 9.03. Non-Discrimination. Pursuant to Ind. Code § 22-9-1-10,neither the City, the County, nor any of their contractors or subcontractors shall discriminate against any employee or applicant for employment,to be employed in the performance of any work under this Agreement with respect to hire,tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability,national origin, or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. Section 9.04. Counterparts. This Agreement may be executed in counterparts, each of which when executed shall be deemed to be an original, and such counterparts, together, shall constitute but one and the same Agreement. Section 9.05. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Indiana, and any dispute relating to the subject of or arising out of this Agreement shall be subject to the sole and exclusive jurisdiction of the Circuit and Superior Courts of St.Joseph County, Indiana. Section 9.06. Further Assurances. The Parties agree that they will each undertake in good faith, as permitted by law, any action and execute and deliver any document reasonably required to carry out the intents and purposes of this Agreement. Section 9.07. Exhibits. All exhibits described herein and attached hereto are Page 12 incorporated into the Agreement by reference. Section 9.08. Entire Agreement. This Agreement, as it may be amended from time to time, encompasses the entire agreement of the Parties concerning its subject matter, and no Page 13 understanding, discussion, negotiation, or agreement will be binding on the Parties unless it is set forth herein. This Agreement supersedes and replaces all previous agreements, memorandums of understanding, contracts, or other documents concerning the Metro Units. All previous agreements, memorandums of understanding, contracts, or other documents concerning the Metro Units are here forth terminated. Signature page follows.] Page 14 IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the date first above written. ST.JOSEPH COUNTY,INDIANA CITY OF SOUTH BEND,INDIANA Andrew T. Kostielney, President of the Pete Buttigieg, Mayor Board of Commissioners ATTEST: Deborah Fleming, D.M.D.,Vice President of the Board of Commissioners Kareemah Fowler, City Clerk Dave Thomas, Member of the Board of Commissioners ATTEST: Michael J. Hamann, St. Joseph County Auditor APPROVED pursuant to St. Joseph County APPROVED pursuant to South Bend Council Resolution No. Common Council Resolution No. Rafael Morton, President of the Tim Scott, President of the South Bend St. Joseph County Council Common Council Filed in Clerk's Office MAR 21 2018 KAREEMiHF=OWLER CITY CLERK,SOUTH BEND,IN Page 15 APPENDIX 1 This investigative report shall include all investigative facts of the case and current case disposition/closure. Case evidence shall be preserved and stored within the law enforcement agency's property room where the incident occurred. No evidence will be permanently stored or housed in the building of the Special Victim's Unit. Domestic violence criminal offenses handled by the Special Victims Unit should be those incidents that involve a violent act or behavior, physical assault and/or injury between intimate relationship partners as defined above, with the primary focus being "violence against women." 1. FAMILY OR HOUSEHOLD MEMBER DEFINED For purposes of investigation, the SVU shall investigate certain crimes involving "family or household member" as defined by IC 31-9-2-44 .5,when the following relationships occur: a.When the perpetrator is a current or former spouse of the other person; b.When the perpetrator is dating or has dated the other person within the past year; C.When the perpetrator is engaged or was engaged in a sexual relationship with the other person within the past year; or d.When the perpetrator has a child in common with the other person. 2. CASE RESPONSIBILITIES OF THE ST. JOSEPH COUNTY SPECIAL VICTIMS UNIT: a. The St. Joseph County Special Victim Unit shall accept and investigate all incidents involving: 1) Domestic Violence under IC 35-42-2-1.3, 2) Rape under IC 35-42-4-1, 3) Child Molesting under IC 35-42-4-3, 4) Vicarious Sexual Gratification under IC 35-42-4-5, 5) Child Seduction under IC 35-42-4-7, 6) Sexual Battery under IC 35-42-4-8, 7) Sexual Misconduct with a Minor under IC 35-42-4-13, 8) Inappropriate Communication with a Child under IC 35-42-4-13, 9) Incest under IC 35-46-1-3, 10) Neglect of a Dependent under IC 35-46-1-4, and 11) Battery to a Child by a Parent, Step-Parent, Guardian, or Caretaker under IC 35-4 b. The Special Victims Unit will investigate "crime[s] involving domestic or family violence" (as defined herein)when the incident fits into at least one of the following: 1) A battery offense under IC 35-42 2, 2) Kidnapping or confinement under IC 35-42-3, 3) A sex offense under IC 35-42-4, 4) Intimidation under IC 35-45-2, 5) Stalking under IC 35-45-10, and/or Page A-16 6) An offense against the family under a) 35-46-1-2...........................................................................................................Bigamy b) 35-46-1-3..............................................................................................................Incest c) 35-46-1-4...................................................................................Neglect, Child Selling d) 35-46-1-4.1..................................................................................Reckless Supervision e) 35-46-1-5..................................................................................Non-Support of a Child f) 35-46-1-6..............................................................................Non-Support of a Spouse g) 35-46-1-7...............................................................................Non-Support of a Parent h) 35-46-1-8.........................................................Contributing to Delinquency of Minor i) 35-46-1-12.......................................Exploitation of Dependent or Endangered Adult j) 35-46-1-15.1...................................................................................Invasion of Privacy c. The SVU will not accept for investigations the following cases: 1) Harassing or anonymous telephone calls,text messages, or social media postings,unless there exists an active, ongoing investigation of a domestic violence case(s),an open, charged case waiting adjudication with the same individuals involved, or a recent one year) documented incident of domestic violence), will not be investigated by the Unit 2) Property crime cases that do not involve domestic violence (e.g. burglary, theft, criminal mischief, etc.); 3) Intimidation or verbal threat cases that do not involve domestic violence,; 4) Ungovernable or incorrigible juvenile cases; 5) Battery or property damage cases between a present or former intimate partner and a third Ply; 6) Fighting between siblings; 7) APS cases that do not involve domestic violence; 8) Public indecency under IC 35-45-4; or 9) Child exploitation and child pornography cases. As a more specific explanation of assignment, domestic violence criminal offenses handled by the Special Victims Unit does not include the investigation of property crimes of burglary, theft, auto theft, unauthorized control of a vehicle,vandalism, criminal mischief, or fraud,unless there exists an active,ongoing investigation of domestic violence case(s)with the same individual(s)involved or a recent(one year) documented incident of domestic violence. Cases of harassing/threatening telephone calls (unless there exists an active, ongoing investigation of domestic violence case(s), an open, charged case waiting adjudication with the same individuals involved, or a recent(one year) documented incident of domestic violence), will not be investigated by the Unit. The SVU is responsible for the investigation of criminal cases occurring within St.Joseph County involving domestic violence, child abuse and sex offenses. This responsibility has been established through the partnership established by this Protocol. This Protocol is created to clarify case investigation responsibilities. It will help to define and limit the referrals of cases to SVU which are better served within the partner agencies. The assignment of investigations related to domestic violence, child abuse and sex crimes occurring in St. Joseph County shall follow the Page A-17 general policies and procedures set forth in this Protocol. Please also refer to the following protocols regarding responding to incidents of domestic violence, sexual offenses and child abuse: Law Enforcement Protocol in Response to Sexual Assault Law Enforcement Protocol in Response to Domestic Violence; and Call Out Protocol for SVU Page A-18 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 April 4, 2018 Honorable County Council Filed in Clerk's Office 4th Floor, County-City Building South Bend, IN 46601 APR 0 4 2018 RE: 122 Milton Street—Special Exception Use KAREENiAHFOWLER CITY CLERK,SOUTH BEND,IN Dear Council Members: Enclosed in an Ordinance for the proposed Special Exception Use at the above referenced location.Please include the attached Resolution on the Council agenda for first reading at your April 9th, 2018 Council meeting, and set it for public hearing at your April 23`d,2018 Council meeting. The petition is tentatively scheduled for public hearing at the April 11th, 2018 Area Board of Zoning Appeals meeting. The recommendation of the Area Board of Zoning Appeals will be forwarded to your office following the public hearing. If you have any questions,please feel free to contact our office. Sincerely, Angela M. Smith Deputy Director CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T I O S E P H C O U N T Y I N D I A N A.C O M I A R E A P L A N BILL NO. 18-15 BILL NO. 18-15 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 122 MILTON STREET 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 property located at: 122 MILTON STREET In order to permit insert a Two Family Dwelling. 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 Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area of 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 or Common Council, 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. Tim Scott, Council President South Bend Common Council 7tAPR 's Office 2010 NOT APPR OA6 I(AREEMAH FOWLER CITY CLERK,SOUTH REND,IN CITY OF SOUTH BEND PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE PROPERTY INFORMATION: The property Tax Key Number(s)is/are: 018-7034-1333 The property address:MAR fl 6 ZU 1 122 Milton St,South Bend,IN 46613 If the application only includes a portion of the property listed above,provide the Legal Description for the petition area and the total site area: n/a VARIANCE INFORMATION: List each variance being requested. The variance request must specifically list the requirement and the desired request(e.g.from the required[enter requirement]to[enter request going to])Additional examples can be found on our website.Please comet the Staff ifyou need assistance. 1)1 Variance consisting ofminimu n 4 required offstreet parking spaces to 1 2)A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: The property contains a one car garage along with a driveway far an extra vehicle. There is also two undelveloped lots directly across the street. 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: [After the rehab ofthe existing structure into a well kept property,the property value will go up for this home and others in the area. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: This Property will not cause a parking problem on the street due empty lots across the street and ample distance between houses. Parking is consistently available on this street. SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please skip to next section): 1) The Special Exception Use(s)being requested: I would like to convert the house back into a two family dwelling. 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: This property will beautify and thus improve the community with a well maintained house replacing the current dilapidated property b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The current structure is dilapidated. The rehab will increase property values on the street. c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: There is a variety of housing types in the area and this was previously a duplex. The[louse has two kitche 1 have extensive rehab experience in the neighborhood so the property will be up the area standards d) The proposed use is compatible with the recommendations of the City of Sot th B(F4 GeJThq ftj*S Office Plan. The city would like to rehab the many dilapidated houses in this neighi orhoo I APR 0 4 2018 KAREEMAH P)WLER CITY CLERK,SOUTH BEND IN PETITIONER INFORMATION: Name and address of property owner(s)of the petition site: Brian Honvitz/BH Investments 2269 Chestnut St#280 MAR 0 6 2018 San Francisco, CA 94123 949-910-8691 I° ticketshop @gmail.com Name and address of additional property owners,if applicable: Name and address of petitioner(s),if different than the petitioner): Name and address of additional property owners,if applicable: CONTACT PERSON: Cindy 11endrick 1921 SLafayetle St South Bend,IN 46613 949-910-8691 ticketshop @Gmail.com 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 BOARD OF ZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION. 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