Loading...
HomeMy WebLinkAbout06-14-10 Council Agenda & PacketREVISED SOUTH BEND COMMON COUNCIL MONDAY, JUNE 14, 2010 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 18 -10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 220 S. TAYLOR STREET COUNCILMANIC DISTRICT COUNCIL DISTRICT #2 IN THE CITY OF SOUTH BEND, INDIANA 8. BILLS, THIRD READING BILL NO. TIME: 18 -10 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 220 S. TAYLOR STREET COUNCILMANIC DISTRICT COUNCIL DISTRICT #2 IN THE CITY OF SOUTH BEND, INDIANA 9. RESOLUTIONS BILL NO. 10 -27 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOW AS 2629 FOUNDATION DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE PRODUCTIONS, INC. 10--28 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3425 WEST LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR MC CORMICK AND COMPANY, INC 10 -29 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3425 LATHROP DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MC CORMICK & COMPANY, INC. 10. BILLS, FIRST READING RTT,T, Nn- 27-10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1847 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46613, COUNCILMANIC DISTRICT NO. 3, IN THE CITY OF SOUTH BEND, INDIANA 28 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,000,000.00 FROM STATE GRANT FUND ( #210) FOR THE OPERATING ENDOWMENT FOR RAY AND JOAN KROC CENTER 29 -10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1219 MISHAWAKA AVENUE, COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA 30 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS 31 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $8,000 FROM THE PALAIS ROYALE HISTORIC PRESERVATION FUND (FUND 450) FOR REPAIRS TO THE HISTORIC EXTERIOR/ INTERIOR OF THE VENUE 32 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM THE RAINY DAY FUND NO. 102 TO DEPLETED FUNDS WITHIN THE CITY OF SOUTH BEND 33 -10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 E. NORTH SHORE DRIVE, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS A. REPORTS FROM AREA BOARD OF ZONING APPEALS 1. 10 -30 SPECIAL EXCEPTION- 2211 S. MICHIGAN ST. 2. 10 -31 SPECIAL EXCEPTION - 850 FELLOWS ST. 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com/areaplan Fax 574 235 -9813 May 19, 2010 The Honorable Council of the City of South Bend 4th Floor, County -City Building �* South Bend, IN 46601 RE: A proposed ordinance of Jean Dibble to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 220 S. Taylor Street, City of South Bend - APC# 2553 -10 Dear Council Members: I hereby Certify that the above referenced ordinance of Jean Dibble was legally advertised on Thursday, May 6, 2010 and that the Area Plan Commission at its public hearing on Tuesday, May 18, 2010 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of Jean Dibble to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 220 S.Taylor Street, City of South Bend is sent to the Common Council with a favorable recommendation. Several of the structures on this same block have been converted back to single - family uses. It is appropriate at this time to allow for the existing structure to continue to be used as a single- family residence. Such a use is compatible with the adjacent office, single- family residential, and multi - family residential uses. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, IX), hn W. Byorni JWB:jsc Attachment CG Jean Dibble 1 14 Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2553 -10 Owner: Jean Dibble Location: 220 S. Taylor Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow an existing Douse to continue to be used as a single - family residence. ]Land Uses and Zoning: On site:' On site is an existing structure that is currently being used as a single- family residence. North: To the north is an insurance / investment planning office, an attorney's office, and three single - family residences zoned MU Mixed Use District. East: To the east is AIDS Ministries, multi - family residential, and a single - family residence all zoned MU Mixed Use District. South: To the south are three single- family residences zoned MU Mixed Use District. West: To the west is a parking area zoned MU Mixed Use District and a single - family residence zoned MFI Urban Corridor Multifamily District. District uses and development standards: The S172 Single Family Residential District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. Site plan description: No site plan is required for rezoning to the SF2 District. An existing structure is located on the site which is currently being occupied as a single - family residence. Zoning and land use history & trends: Prior to the 2004 update of the City Zoning Ordinance, the entire block was zoned "B" Residential. The prior use of the existing structure was an attorney's office. In July 2009, the City Council denied a special exception request to allow this property to be used as a group residence. Traffic and transportation considerations: Taylor Street is two lanes. The site is also adjacent to a north -south and an east -west alley. Utilities: The site will continue to be served with municipal sewer and water. Additional information: (Agency comments) Both the City of South Bend Department of Community and Economic Development and the St. Joseph County Historic Preservation Commission supports this rezoning petition. The City Engineering Department has no objection. Jean Dibble #2553-10 Page 1 of I 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan- Cily Plan South Bend Comprehensive Plan November 2006. H 2.6 Encourage homeowners to maintain their homes. Rezoning to the SF2 District will allow the homeowner to continue to utilize the property and maintain it as a single - family residence. Land Use Plan: The Future Land Use flan shows this area as Mixed Use and High Density Residential. 2. Current conditions and character: The site is occupied by a two -story residential structure with a fenced in rear yard. 3. Most desirable use: The most desirable use of the property is as a single - family residence or those permitted uses within the MU Mixed Use District. 4. Conservation of property values: The surrounding property values should not be affected. 5. Responsible development and growth: It is responsible development and growth to allow the existing structure on this site to continue to be used as a single - family residence. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the City Council with a favorable recommendation. Analysis: Several of the structures on this same block have been converted back to single - family uses. It is appropriate at this time to allow for the existing structure to continue to be used as a single - family residence. Such a use is compatible with the adjacent office, single- family residential, and multi- family residential uses. Jean Dibble #2553 -10 Page 2 of 2 `$F2 Jefferson Napier Mu O L) w Mu Wayne SO Mu E Rlu �E3 Jefferson Mu M!i EE Wayne Mu L a GS MU i ? is Napier Mu O L) w Mu Wayne SO Mu E Rlu �E3 Jefferson Mu M!i EE Wayne Mu L a GS MU Oe I Mu Rezoning from: "MU" MIXED USE DISTRICT to "SF2r° SINGLE FAMILY & TWO FAMILY DISTRICT Zoning Ivey SOUTH BEND "SF2" SINGLE FAmILYAND TWO FAMILY DISTRICT SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BEND "GB" GENERAL BUSINESS DISTRICT N '10 5 1 inch = 150 feet / "'" Mu Mu GB Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 230 S. TAYLOR STREET 2) Name and address of property owner(s) of the petition site: JEAN DIBBLE 220 S. TAYLOR STREET SOUTH BEND, IN 46601 3) Name and address of contingent purchaser(s), if applicable: Name Full Address and Phone Number 4) It is desired and requested that this property be rezoned from; MU NITXED USE DISTRICT to; SF2 SINGLE FANIILY AND TWO FAMILY DISTRICT 5) This rezoning is requested to allow the following use(s): TO BE USED AS A SINGLE FAMILY RESIDENCE 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent, (c) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8%2" x 11" format. .1 1 'D . ��� '4 .. '-bb L, PETITION PREPARED BY Name: JEAN DIBBLE 220 S. TAYLOR STREET SOUTH BEND, IN 46601 574 - 287-8130 jdibble@nd.edu Signature(s) of All Property owner(s) or Attom-ex for all REMea Owner(s) CONTACT PERSON: (If different) Fit {i� 'e'® d` t it V00--ME CITY CLF" ." IAN. .07�, LO-L� RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2629 FOUNDATION DRIVE - TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AFIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE PRODUCTION, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2629 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Southwest Quarter of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana and which has Key Number 25- 1010 - 0400.12, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of (S) five years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seMc . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. NOT AMOVEU ADOPTED Member of the Common Co it �2 u y, In Mi AY 20,11-0 ... ._ ............ • u M 54iLTli Community & Economic Development 1200 County -Cify Building, 227 West Jefferson, Soufh Bend, Indiana 46601 -3830 Phone 574/235 -9371 Fax 574/235 -9021 To: South Bend Common Council From: Bob Mathia �TI�� Subject: Tax Abatement — McCormick and Company, Inc. (Bill Nos. 10 -28 and 10 -29 Date: June 10, 2010 Consideration of the Designating Resolutions for the subject tax abatements is scheduled for the Monday, June 14, 2010, meeting of the Common Council. The Petitioner has requested additional time to review their petition and reconsider some of the projections related to their project. Therefore, consideration of the Designating Resolutions should be indefinitely continued until further notice is received from the Petitioner. Memo To Common CounciI.6.10.10.doc What We De WAY Makes A DMrence! DF14 Danch, Hamer & Associates, Inca MICHAEL J. RANCH, L.A. Land Surveyors* Professional Engineers Rota HARNER, P.S. Landscape Architects . Land Planners Honorable Members of the City of May 19, 2010 South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 RE: Rezoning Petition for Lincolnwood LLC for property located adjacent to and East of 1847 Lincolnway East, South Bend, Indiana 46613: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the property located East of 1847 Lincolnway East, South Bend, Indiana. This requested Rezoning would allow for the construction of a Community Wide Federal Credit Union facility. The Petitioners believe this facility would be an acceptable use along this portion of Lincolnway East and would give their clients a convenient location on the East side of South Bend. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harner & Associates File No. 300127 "C" Md. otilce filed tOT 14 IN 1643 Commerce Drive a South Send, IN 46628 208 West Mars r Berrien Springs, MI 49103 Office 5741234 -4003 ® 800/594 -4003 ® Fax 5741234 -4119 office 2691471 -3010 s fax 269/471 -7237 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1847 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46613, COUNCILMANIC DISTRICT NO. 3, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED EAST OF AND ADJACENT TO 1847 LINCOLNWAY EAST, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED GB GENERAL BUSINESS DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE CB COMMUNITY BUSINESS DISTRICT TO ALLOW FOR A FINANCIAL INSTITUTION WITH A DRIVE -UP WINDOW & ATM. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495 -04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT A PART OF THE NORTHEAST AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: BEGINNING BEING A PART OF LOT # 2 OF THE PLAT OF "MEDOWS MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0804107 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT # 2; THENCE N. 010-- 25' -04" E. ALONG THE WEST LINE OF SAID LOT, 345.14 FEET; THENCE N. 830- 14' -55" E. ALONG THE NORTH LINE OF SAID LOT, 203.70 FEET MORE OR LESS; THENCE S. 00 °- 00' -00" W., 337.75 FEET MORE OR LESS TO THE NORTHERLY LINE OF LINCOLNWAY EAST; THENCE ALONG SAID NORTHERLY LINE FOR THE NEXT TWO COURSES, S. 890- 35' -50" W., 20.24 FEET MORE OR LESS AND N. 88 °- 31' -13" W., 189.76 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.53 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS CB COMMUNITY BUSINESS DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMBER OF THE COMMON CIL L ' en .si fCF fY ow rt Cud 8*0 on E ATTEST: CITY CLERK PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE DAY OF , 2 , AT O'CLOCK . M. CITY CLERK APPROVED AND SIGNED BY ME ON THE DAY OF , 2 , AT O'CLOCK M. MAYOR, CITY OF SOUTH BEND, INDIANA i m READING PUBLIC HEARING 3,d READING NOT APPROVIO RIFFRRED PASSED AY 2 4 2010 joti' ?\ r iF4.1 E FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: VACANT PROPERTY ADJACENT TO AND EAST OF 1847 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46613. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: LINCOLNWOOD RETAIL LLC 2640 E. GOLDEN GATE PARKWAY SUITE 102 NAPLES, FLORIDA, 34105 PH. NO. 1- 239 - 434 -6767 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: GB GENERAL BUSINESS DISTRICT TO: CB COMMUNITY BUSINESS DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). FINANCIAL INSTITUTION WITH A DRIVE -UP WINDOW & ATM. 6) . ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETI'T'ION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 1/" x 11" FORMAT. SIGNED, PETITIONED PREPARED BY: DANCH, HARNER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 (574) 234 -4003 Filed In CWWvs C MGM MAy 2 4 2010 J00 VOORV -E Felix & Lorraine D'Souza 801 Gates Ave Piscataway, New Jersey 08054 Tax Key # 018 7079 288407 Gerald & Anna Mae McDaniel 1910 LincolnWay E South Bend, IN. 46613 Tax Key # 018 7079 2894 Legasey Holdings LLC 1820 LincolnWay E South Bend, IN. 46613 Tax Key # 018 7079 289405 Property Owners Within 300 Feet Clifford L'Esperance PO Box 1806 Midland, Mi. 48641 Tax Key # 018 7079 289404 Board of Commissioners of the County of St. Joseph County City Building South Bend, IN. 46601 Tax KPV # 0 1 A 7f17A 2R AR Donald & Sharon Medow 125 S Conestoga South Bend, IN, 46617 Tax Key # 018 7079 288403 Mcdonald's Corp / Kada Partnership 118 S Mill St Mishawaka, IN. 46544 Tax Key # 018 7079 289401 Board of Commissioners County of StAoseph County City Building South Bend, IN. 46601 Tax KPv # n 1 7078 9R9A Trustees of Indiana University Real Estate Dept. 530 E Kirkwood Ave. Ste 204 Bloomington, IN. 47408 Tax KPv# niR 7n7Q 9894nA Lincolnwood Retail LLC Edward Keefe Trustee Revocable SI Holdings LLC 2640 E Golden Gate Parkway # 102 Trust 1847 LincolnWay E Naples, FL, 34105 834 Eisenhower St. No, 15 South Bend, IN. 46613 Tax Key # 018 7079 288402 Winner, South Dakota 57580 Tax Key # 018 7079 288405 Tax KPv # 01R 7079 7RUni Flied In € s offl - oe EM 2 4 2010 �lfi�I Ytr?'E LEGAL DESCRIPTION THAT A PART OF THE NORTHEAST AND SOUTHEAST QUARTERS OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: BEGINNING BEING A PART OF LOT # 2 OF THE PLAT OF "MEDOWS MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0804107 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT # 2; THENCE N. 010- 25' -04" E. ALONG THE WEST LINE OF SAID LOT, 345.14 FEET; THENCE N. 830- 14' -55" E. ALONG THE NORTH LINE OF SAID LOT, 203.70 FEET MORE OR LESS; THENCE S. 000- 00' -00" W., 337.75 FEET MORE OR LESS TO THE NORTHERLY LINE OF LINCOLNWAY EAST; THENCE ALONG SAID NORTHERLY LINE FOR THE NEXT TWO COURSES, S. 89 °- 35' -50" W., 20.24 FEET MORE OR LESS AND N. 880- 31' -13" W., 189.75 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.53 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. Filed In 2, 4 20T110 jolfi•% Obi$ LsP.' ".:F _ �r 1200 Couwy -Cmr BUILDING 227 W, JEFFERSON Bo'(IuvARD Sourx BEND, INnL�NA 46601 -1830 PHONE 574/ 235 -9371 FAx 574/ 235 -9021 TDD 574/235 -5567 CITY OF Soiirl-1 BEND STEPHEN J. LuEcKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY ExEcU71vF DIRECTOR June 3, 2010 South Bend Common Council Fourth Floor Council Chambers 400 County -City Building South Bend, IN 46601 Dear Council Member: The attached bill for your consideration and approval will appropriate funds from a $2,000,000:00 State of Indiana grant awarded for the construction of the Ray and Joan Kroc Center at the corner of Western and Chapin in South Bend. The funds will be appropriated into the State Grant Fund (fund # 210) and used for the operating endowment match for the facility. We look forward to your approval of this ordinance. Please note, these funds cannot be used for general government purposes, only toward the operating endowment match for the Ray and Joan Kroc Center. Mayor Luecke or Jeff Gibney will present this bill at your June 28th meeting. If you have any questions, please call Jeff at 235 -9371 or me at 235- 9330. Thanks. Sincerely, Eliz4b th Leonard Inks, Director, Financial & program Management cc: Mayor Luecke Jeff Gibney rn#� i In Clerk's 01110 E" , 2010 CoMMuNm DEVELOPMENT ECONOMIC Dwo- opmENT FINANCIAL & PROGRAM PAMFL4 C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 574!235 -9371 WZABETH LEONARD FAX: 5741235 -9697 5741235 -9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2,000,000.00 FROM STATE GRANT FUND ( #210) FOR THE OPERATING ENDOWMENT FOR RAY AND JOAN KROC CENTER STATEMENT OF PURPOSE AND INTENT In order to assure the efficient and timely utilization of a State of Indiana Grant, certain appropriations are needed: NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. The sum of $1,000,000.00 is hereby appropriated from State Grant Fund (fund ##210) for the operating endowment at the Ray and Joan Kroc Center to be constructed at Western and Chapin Streets in South Bend. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. Attest: City Clerk Member of the Common Cou I Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of 2 , at o'clock . M. 1 sI READING 6' t y PUBLIC HEARING` 3 rd READING NOT APPRO.VJV RfFERRE i PA55ED Mayor, City of South Bend, Indiana Fi1f' in Clark's 0111CO =-4 jo.'iq VOCP� CITY CLE+IC cD, FLEgo, t— �-. c ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1219 MISHAWAKA AVENUE, COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The building is presently a commercial building with mixed use zoning. It has been empty for a considerable amount of time. Rezoning for residential use is requested to restore the building to its original design, maintaining its commercial appearance and converting the interior of the building to a loft style two person residence. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Whitcomb & Keller's 3rd Sunnymede Addition, Part of Lots 506 & 507 be and the same is hereby established as SF2 Single Family & Two Family District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk Member of the Common Coun! owltullity 2." cam ackn on 51Elig� ` p Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. City Clerk Approved and signed by me on the day of , 2 , at o'clock . M. Mayor, City of South Bend, Indiana 1st READING PUBLIC HEARING rd READING NOT APPROVO REFERRED PASSED Filed Clerk's Office MAY282010 ,1oHN VOORDE O. BEIyp,149. CITY CI.i Date Filed Application No Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. I ) The property sought to be rezoned is located at: 1219 Mishawaka Avenue, South Bend, IN 46615 2) Name and address of property owner(s) of the petition site: Name Michael Wiescher Full Address and Phone Number 1007 Hudson Avenue South Bend, IN 46616 Home: 574 288 7628; Office: 574 631 6788; Cell: 574 386 7377 3) Name and address of contingent purchaser(s), if applicable: Name Full Address and Phone Number 4) It is desired and requested that this property be rezoned from SF I / SF .2 mixed zoning. to SF 2 residential zoning 5) This rezoning is requested to allow the following use(s): Private loft -style residence 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelo es for all property owners within 300 feet of the petition property (f) a location map, if available, dra to scale, which includes street names, printed in 8 %z" x I l" format. Signatures} of All Property owner(s) r' PETITION PREPARED BY: CONTACT PERSON: (If different) Name Michael Wiescher Full Address and Phone Number 1007 Hudson Avenue South Bend, IN 46616 Home: 574 288 7628; Office: 574 631 6788; Cell: 574 Email Address: wiescher. I @nd.edu Name Full Address and Phone Number CITerk's Office EMAY 2 8 2010 mail Address + 7E / \ in P ) I}5\ a=�J \¢ §� / � \ � k ¢ k }k� \/\ ( � (\ \!a2 /ƒ \J f /!) /$}} Surveyor Location Report WHITCOMB & KELLER'S 3RD SUNNYMEDE ADDITION PART OF LOTS 506 & 507 MORE COMMONLY KNOWN AS: 1219 MISHAWAKA AVENUE SOUTH BEND, INDIANA 1 v 506 /[I ERTY LINE Cir 9�. •6 Hq .� 507 -- BUILDING ON /NEAR PROPERTY LINE 040-" 1 1Q NOTE. BECAUSE OF THE PROMMITY OF THE NOTED IMPROVEMENTS) TO THE PROPERTY LINE, A BOUNDARY SURVEY IS RECOMMENDED TO DETERMINE IF IT/THEY MAY CONSTITUTE AN ENCROACHMENT. This report was prepared with o copy of the Title Insurance Policy and moy be subject to other restrictions contained thereon. This drawing conforms with the Surveyor Location Report minimum requirements as certified on page two of this report. Any encroachments ore specifically noted above. This report is of limited accuracy and should not be used for construction or for establishing boundary or fence lines. ',1 VA ©5 THE PRIMARY STRUCTURE SHOWN ON THIS DRAWING IS NOT IN A FLOOD HAZARD AREA. S- -0523 STATE= OF = � Replend L and Surveyor Lang, Feeney 8c Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 Phone (574) 233-1841 Fax (574) 674 -0374 506- 507Whidcomb3rdMR.d1A9 Scale - Date Drawn 8y Drawing No. PAGE 1 OF 2 1 " = 2Q' 04 —Q8 -1 Q BKG 24826 0OUT11 ! City of South Bend till l I l� G, Comm ®n Council x 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al "Buddy„ Kirsits At barge Timothy A. Rouse At Large Karen L. White At large .tune 9, 2010 Members of the South Bend Common Council 41h Floor County City Building South Bend, W 46601 (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http,//www.southbendin.gov 32 k Re: Proposed Amendments to the South Bend Human Rights Ordinance Addressing Employment Fairness in the City of South Bend Dear Council Members: We are pleased to introduce for your consideration the attached 18 -page amended ordinance. This amended ordinance would replace the South Bend Human Rights Ordinance currently set forth in Chapter 2, Article 9, Sections 1 -126 through 2- 132. l of the South Bend Municipal Code. South Bend has a strong history of innovation and resilience, and has adapted to the challenges the city has faced in the last 145 years. Because the economy of South Bend is no longer dependent on a strong manufacturing base, the city has been working to attract more diverse businesses to locate here. If we want to foster entrepreneurship and to attract and retain competitive, innovative businesses, we need to provide the right climate and opportunities for businesses to thrive in South Bend. As a community, South Bend wants to attract the best and the brightest. To do that, we need to be a community where innovative businesses and individuals want to locate. The City of South Bend has committed to invest tens of millions of dollars to support nanoelectronics commercialization. With the development of Innovation and Ignition Parks, South Bend is positioning itself to attract high tech industries and entrepreneurs that can help us live up to our goal of becoming a 215` Century city. When the city discusses promoting economic development, we often focus on tax abatements and policies, the cost of real estate and housing, and educational opportunities. But, to promote diverse economic development, we also need to insure that South Bend is welcoming to a diverse population that fosters creativity and innovation. Such diversity not only includes diversity with regard to race, ethnicity, and religion, but also sexual orientation and gender identity. Employment Fairness Cover Letter —page 2 High tech businesses are more likely to locate in a business climate that welcomes such diversity. As Gil Casellas, Vice President of Dell, Inc. says, "Diversity and inclusion are critical components in Dell's long -term success." Gabrielle Toledano, Executive Vice President of Human Resources at Electronic Arts, Inc. reported "EA holds diversity as a core value. We will continue to work at EA to further enrich our employee population with people with diverse backgrounds and unique perspectives. The diversity of our workforce is what enables us to deliver innovative and industry leading interactive entertainment." In general, the American busyness community, especially the Fortune 500, values diversity and believes that "providing an inclusive environment isn't just the right thing to do, it also makes business sense" (Jason Buss, Vice President of Ameriprise Financial, Inc). In each of these quotes, the speaker is including sexual orientation and gender identity in the definition of diversity. In fact, 85% of the companies in the Fortune 500 prohibit discrimination on the basis of sexual orientation. In addition to innovative, dynamic businesses, South Bend also needs to attract citizens who can fill knowledge - intensive positions, who are well educated, and who are prepared with new ideas and new technology. These kinds of citizens, who tend to value diversity and individuality, look for communities in which they feel they can be themselves. They are interested in a business environment that provides an inclusive climate, because such a climate is conducive to diverse perspectives that enrich the innovative corporate culture. Successful corporations know this to be true. As Eli Lilly Senior Vice President Bart Peterson wrote, Enhancing our work environment to prohibit discrimination on the basis of sexual orientation and gender identity has not added any financial cost to our organization. Instead, we believe our philosophy and practice of valuing diversity bring financial benefits in the workplace by encouraging full and open participation by all employees. Businesses that drive away talented and capable employees are certain to lose their competitive edge, an outcome that we must not accept in this competitive global marketplace. South Bend often loses promising young people to communities they perceive as more forward - thinking cities, and the city has been working to attract and retain young, skilled professionals in a variety of ways. For example, the city has also been working to create urban housing options that will draw more young, skilled residents to the downtown area, and make the downtown a vibrant and exciting place. This will assist the city in attracting and retaining skilled professionals of all ages. We want to be seen as a vibrant, welcoming city. A climate of fairness and nondiscrimination is essential in attracting reputable businesses, as well as talented, capable employees. History of this )Issue The Common Council members who are sponsoring the attached amendment are concerned that, despite evidence of discrimination in our city presented over five years ago, the Common Council has not taken action to remedy the situation. In 2005, the South Bend Human Rights Commission asked the Common Council to address issues of discrimination on the basis of sexual orientation Employment Fairness Cover Letter page 3 and gender identity. In 2005 and 2006, members of the Human Rights Commission began discussing concerns about such discrimination at both commission meetings and a commission retreat. The Human Rights Commission sent the Common Council the following statement: "The South Bend Human Rights Commission is an agency of the City of South Bend, Indiana, committed to fair and equal treatment of all human beings. It is the responsibility and during of the Human Rights Commission to make sure that no human being is mistreated based on status, without making value or moral judgments. Gays, lesbians, bisexuals, and transgendered (GLB &T) persons have experienced mistreatment based on their GLB &T status. The South Bend Human Rights Commission supports and encourages the South Bend Common Council to hear from the general public; to explore, investigate and to determine the degree to which GLB &T persons have been treated adversely within the City of South Bend due to their GLB &T status. The South Bend Human Rights Commission further encourages the South Bend Common Council, working cooperatively with the South Bend Human Rights Commission, to create an appropriate remedy." (adopted January 19, 2005) On February 28, 2005, members of the community organization South Bend Equality brought concerns about discrimination to the attention of the South Bend Common Council during Privilege of the Floor. It was reported that individuals in the community were facing discrimination, including unfair treatment in employment. Investigation of the matter was assigned by Council President Charlotte Pfeifer to the council's Personnel and Finance Committee. This committee was selected after conferring with the council attorney, because the Personnel and Finance Committee has financial oversight of the South Bend Human Rights Commission, and the Human Rights Commission reports to this committee. During 2005, Charlotte Pfeifer sponsored a series of community forums to discuss the issue in different districts. Members of the South Bend Human Rights Commission and the Human Rights Director attended some of these meetings, and they heard concerns from individuals about the effects of discrimination on the basis of sexual orientation and gender identity. On April 11, 2005, the Council's Personnel and Finance Committee reviewed a presentation by South Bend Equality entitled "Evidence of Discrimination against GLBT Individuals in the South Bend Area,'' which is on file in the Office of the City Clerk. On April 19, 2006, Council Members Charlotte Pfeifer and Roland Kelly proposed a broad amendment to the Human Rights Ordinance which would have added sexual orientation and gender identity to the ordinance. The amendments included would have allowed the Human Rights Commission to investigate reports of discrimination on the basis of sexual orientation or gender identity in four areas: employment, education, housing, and public accommodations. The proposed amendment was similar to ones adopted by other Indiana cities, such as Bloomington, Fort Wayne, Indianapolis, Lafayette, Michigan City, Terre Haute, and West Lafayette. Tippecanoe County and Marian County have also adopted similar legislation. Time for public comment on the legislation was provided. Extensive public discussion and debate of the ordinance proposed by Council Members Pfeifer and Kelly were carried out over Employment Fairness Cover Letter page 4 the course of the next months, until a vote on the proposed legislation occurred on July 10, 2006. The amendment was defeated by a close vote: 4 to 5. Recent Developments Related to the Issue After the amendment was defeated, the South Bend Human Rights Commission continued to receive reports of discrimination on the basis of sexual orientation and gender identity. The Human Rights Commission has been unable to provide any assistance to individuals seeking a remedy for this type of discrimination, because they have not been empowered to do so. Citizens have continued to approach the Common Council reporting discrimination and asking for a remedy. On April 27, 2009, a group of college students spoke during Privilege of the Floor, expressing their concern that South Bend is not a welcoming community, and encouraging the Common Council to revisit the issue of amending the Human Rights Ordinance, On May 11, 2009, also during Privilege of the Floor, members of South Bend Equality spoke, reminding the Common Council that discrimination in the community was continuing. On June 24, 2009, Mayor Steve Luecke issued an executive order stating that South Bend is committed to equal employment opportunity and will not tolerate discrimination based on sexual orientation and gender identity. The executive order prohibits such discrimination in city employment. The City's Human Resources division is in charge of investigating and resolving allegations. On July 27, 2009, South Bend Equality members once again spoke at Privilege of the Floor during a Council Meeting, presenting more evidence of discrimination, including employment discrimination. It was noted that, as city employees, the members of the Common Council are protected from such discrimination, but that other citizens in South Bend are not. A member of the South Bend Human Rights Commission, Bridget Hardy, presented a set of petitions with the signatures of the majority of South Bend Human Rights Commissioners. The petitions expressed commission members" support for amending the Human Rights Ordinance to include sexual orientation and gender identity. Petitions signed by the Director of the Human Rights Commission, and commission attorneys were also presented to the Common Council Members. It is clear that members of the Human Right Commission and staff are concerned about the inability of the commission to address a known type of discrimination. When the South Bend Common Council considered amending the HRO in 2006, some Council members expressed concerns about potential problems with enforceability, given that broad amendments in other Indiana cities had, at that time, only recently been enacted. Now, several years later, we know that enforceability has not been a problem elsewhere in Indiana. For example, the Indianapolis City - County Council passed a more wide - ranging HRO in 2005. Robert Ransom, of the Division of Equal Opportunity, reported that Indianapolis averages approximately 3 -5 reports of such discrimination per year. All of these cases have been successfully resolved through mediation. No legal challenges have been brought against the city since the Indianapolis ordinance was amended in 2005. Conclusions In summary, the issue of discrimination on the basis of sexual orientation and gender identity has Employment Faimess Cover Letter —page 5 been a focus of public concern and debate in South Bend for over five years. Unless they are employed by the city, individuals are at risk to lose a job over their actual or perceived sexual orientation or gender identity. The Common Council can take action to allow the Human Rights Commission to address this discrimination, and it is the opinion of the sponsors of this amendment that the council should do so. Not only will this promote the fair treatment and equality that South Bend wishes to extend to all citizens, but it will also promote the type of climate that is essential in attracting innovative businesses in this competitive global marketplace. Discrimination in all areas is a concern, but any employment decision which impairs a person's ability to earn an honest and fair living in South Bend is troubling. South Bend is committed to the principle that all persons within this City be recruited, hired, developed, promoted, and treated as employees on the basis of individual merit and ability. Guaranteeing this right to all South Bend residents without reference to a person's sexual orientation and gender identity can and should be addressed by amending the South Bend Human Rights ordinance. (Please note this legislation will exclude organizations that are a part of recognized religious institutions.) If the Human Rights Ordinance is amended to prohibit employment discrimination on the basis of sexual orientation and gender identity, individuals will be able to bring allegations of employment discrimination to members of the Human Rights Commission, who can investigate, determine if there is evidence of discrimination, mediate, and try to resolve the issue. Our Human Rights Commission is experienced at this process. The procedures are already in place to handle allegations of employment discrimination. We need only give them the power to investigate cases of sexual orientation or gender identity discrimination in the workplace for them to do so. ember Ann Puzzello, 4"' District ouncil Member A] `Buddy" Kirsits, Cil Member at Large Attachment Cities and Counties that Prohibit Discrimination Based on Sexual Orientation and Gender Identity in Public and Private Employment, By State (Year Effective). State Year Effective State Laws Arizona Colorado Tucson, City of 1999 Connecticut California D.0 Allegheny, County of 2009 Delaware Los Angeles, City of 1979 Hawaii Oakland, City of 2005 Illinois San Diego, City of 2003 Iowa San Francisco, City of 1994 Main San Jose, City of 2002 Maryland Santa Cruz, City of 1992 Massachusetts Santa Cruz, County of 1998 Minnesota West Hollywood, City of 1998 Nevada Colorado New Hampshire Boulder, City of 2000 New Jersey Denver, City of 2001 New Mexico District of Columbia New York Washington, City of 2006 Oregon Florida Rhode Island Broward, County of 2008 Vermont Dunedin, City of 2002 Washington Gainesville, City of 2008 Wisconsin Gulfport, City of 2005 Key West, City of 2003 Lake Worth, City of 2007 Leon, County of 2010 Miami Beach, City of 2004 Monroe, County of 2003 Oakland Park, City of 2007 Palm Beach, County of 2007 Tampa, City of 2009 West Palm Beach, City of 2007 Georgia Atlanta, City of 2000 Decatur, City of 2002 Illinois Bloomington, City of 2002 Carbondale, City of 2005 Champaign, City of 1977 Chicago, City of 2002 Cook, County of 2002 Decatur, City of 2002 DeKalb, City of 2000 Evanston, City of 1997 Peoria, City of 2003 Cities and Counties that Prohibit Discrimination Based on Sexual Orientation and Gender Identity in Public and Private Employment, By State (Year Effective). Springfield, City of 2003 Urbana, City of 1979 Indiana Bloomington, City of 2006 Dort Wayne, City of Michigan City, City of Indianapolis, City of 2005 West Lafayette, City of Tippecanoe, County of Marion, County of 2005 Iowa Council Bluffs, City of 2008 Iowa City, City of 1995 Johnson,County Of 2006 Waterloo, City of 2007 Kentucky Covington, City of 2003 Jefferson, County of 1999 Lexington - Fayette, County of 1999 Louisville, City of 1999 Louisiana New Orleans, City of 1998 Massachusetts Boston, City of 2002 Cambridge, City of 1997 Northampton, City of 2005 Maryland Baltimore, City of 2002 Montgomery, County of 2007 Michigan Ann Arbor, City of 1999 Detroit, City of 2008 East Lansing, City of 2005 Ferndale, City of 2006 Grand Rapids, City of 1994 Huntington Woods, City of 20D2 Kalamazoo, City of 2009 Lansing, City of 2006 Saugatuck Township 2007 Saugatuck, City of 2007 Ypsilanti, City of 1997 Minnesota Minneapolis, City of 1975 St. Paul, City of 1990 Missouri Kansas City, City of 2008 University City, City of 2005 Montana Missoula, City of 2010 Cities and Counties that Prohibit Discrimination Based on Sexual Orientation and Gender Identity in Public and Private Employment, By State (Year Effective). New York Albany, City of 2004 Buffalo, City of 2002 Ithaca, City of 2003 New York, City of 2002 Rochester, City of 2001 Suffolk, County of 2001 Tompkins, County of 2005 Ohio Akron, City of 2009 Bowling Green, City of 2008 Cincinnati, City of 2006 Cleveland, City of 2009 Columbus, City of 2008 Dayton, City of 2007 Oxford, City of 2008 Summit, County of 2009 Toledo, City of 1998 Yellow Springs, Village of 2009 Oregon Beaverton, City of 2004 Bend, City of 2004 Benton, County of 1998 Corvallis, City of 2007 Hillsboro, City of 2006 Lake Oswego, City of 2005 Lincoln City 2005 Multnomah, County of 2001 Portland, City of 2000 Salem, City of 2002 Pennsylvania Allentown, City of 2002 Easton, City of 2006 Erie, County of 2002 Harrisburg, City of 1983 Lansdowne, Borough of 2006 New Hope, Borough of 2002 Philadelphia, City of 2002 Pittsburgh, City of 1997 Scranton, City of 2005 State College, Borough of 2007 Swarthmore, City Of 2006 West Chester, Borough of 2006 York, City of 1998 South Caroina Charleston, City Of 2009 Columbia, City Of 2008 Texas Austin, City of 2004 Cities and Counties that Prohibit Discrimination Based on Sexual Orientation and Gender Identity in Public and Private Employment, By State (Year Effective). Dallas, City of 2002 El Paso, City of 2003 Fort Worth, City of 2009 Utah Logan, City of 2010 Park City, City of 2010 Salt Lake, City of 2009 Salt Lake, County of 2010 Washington Burien, City of 2005 King, County of 2006 Olympia, City of 2005 Seattle, City of 1986 Tacoma, City of 2002 Wisconsin Dane, County of 2001 Madison, City of 2000 Milwaukee, City of 2007 West Virginia Charleston, City of 2007 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana, has long been a respected leader in the area of municipal legislation in the State of Indiana, and thus, it has been determined that the current South Bend Human Rights Ordinance should be amended to prohibit employment discrimination based on sexual orientation or gender identity, and to provide remedies for such discrimination occurring within the city limits. Presently, under Mayor Stephen J. Luecke's Executive Order issued in 2009, persons employed by (:ity of South Bend are protected from job discrimination due to sexual orientation, gender identity, and persons employed by the State of Indiana enjoy similar rights under Governor issued Executive Orders. It is fair, reasonable, and appropriate that citizens of South Bend vho work for other employers within the City receive the same protection. South Bend is committed to the principle that all persons within this City be recruited, hired, developed, promoted, and treated as employees on the basis of individual merit and ability. To achieve this objective, Ely guaranteeing the right of nondiscrimination in employment without reference to a person's sexual orientation and/or gender identity, it is necessary to amend South Bend's Human Rights Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section 1. Chapter 2, Article 9 of the South Bend Municipal Code shall be amended to read in its entirety as follows: ARTICLE 9. HUMAN RIGHTS ORDINANCE. Sec. 2 -126, Short Title. This article .;hall be known as the South Bend Human Rights Ordinance. Sec. 2 -127. Purpose. (a) It is 0-,e public policy of the City of South Bend to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through purchase or rental of real property including, but not limited to, housing, and 1 to eliminate segregation or separation based on race, religion, color, sex, disability, national origin or ancestry, sexual orientation ender identity in employment, and familial status in housing, since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property including but not limited to housing are hereby declared to be civil rights. (b) The practice of denying these rights to properly qualified persons by reason of race, religion, color, sex, disability, national origin or ancestry, sexual orientation ender identity in the matter.of employment,, or familial status in the case of housing of such person is contrary to the principles of freedom and equal opportunity, and is contradictory to the objectives of the public policy of this City and shall be considered discriminatory practices. The promotion of equal opportunity without regard to race, religion, color, sex, disability, national origin or ancestry, sexual orientation, ,gender identity in the matter of employment, or familial status in the case of housing through reasonable methods is the purpose of this Article. (c) It is also the public policy of this City to protect employers, labor organizations, employment agencies, property owners, real estate brokers, builders, builders and lending institutions from unfounded charges of discrimination, Sec. 2 -127, 4. Prohibited Conduct. (a) No person shall discriminate against any other person in education, employment, access to public conveniences and accommodations based on race, color, sex, disability, national origin, ancestry, or sexual orientation, *ender identity in the matter of employment. Nor shall any person deny any other person equal opportunity for education, employment, access to public conveniences and accommodations based on race, religion, color, sex, disability, national origin, ancestry or sexual orientation, eg nder identity in the matter of employment. Such discrimination or denial of equal opportunity shall be an unlawful practice. (b) No person shall refuse to sell or to rent after the making of a bona fide offer; refuse to negotiate f6r the sale or rental or otherwise make unavailable or deny a dwelling; or otherwise discriminate against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's 'race, color, religion, sex, familial status, disability, or national origin. Conduct in violation o f this section shall be an unlawful practice. (c) No person may coerce, intimidate, threaten or interfere with any other person: (1) In the exercise or enjoyment of any right granted or protected by this chapter; or (2) Because the person has exercised or enjoyed, or has aided or encouraged another person in the exercise or enjoyment of, any right granted or protected by this chapter. 1P.L. 66- 1990, § 2.1 2 (d) No person shall commit any other discriminatory practices as defined in any other section of this Article, (e) Protec ions in this Article against discriminatory practices with „regard to gender identity and/or sexual orientation shall not apply to decisions of an employer which is .a_ religious society or order, assoc enttt. association, organization, institution or related i — _ � Y when such protect, ons affect the .._� definition advancement of the missions Practice (s) or beliefs of such religious society or order, association organization, institution or related entity charged with the implementation of such decision or decisions and no re uirement of this article shall com el any person to act in a manner contrary to that which has been granted specific protection by the United States Supreme Court in Boy Scouts of America and Monmouth Council, et al. v. Dale, 530 U.S. 640 (2000). (e) L This Article shall be construed broadly to effectuate its purpose. See. 2-128., Definitions. (a) The term. "Commission" shall mean the South Bend Human Rights Commission, (b) The term "director" shall mean the Director of the South Bend Human Rights Commission. (c) The teem "Commission attorney" shall mean the City Attorney or such assistants of the City Attorney a,; may be assigned to the Commission, or such other attorney as may be engaged by the Commission with the consent of the City Attorney, (d) The teem "employee" shall mean any person employed by another for wages or salary; provided, ghat it should not include any person employed by his or her parents, spouse or child. (e) The to 'rm "employer" shall include the City of South Bend, or any department thereof, and any person having six (6) or more employees within the State of Indiana and doing business within the City, except that the term does not include: (1) Any bona fide private membership club (other than a labor organization) which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954; (2) Any school, educational or charitable institution owned or conducted by or affiliated with, a. church or religious institution to the extent that the school, educational or charitable institution hires employees of a particular religion; (3) ' Any office, officer, board, commission, department, division, bureau, committee, fund, agency, and, without limitation by reason of any enumeration herein, any other inst- mmentality of the State of Indiana, any hospital, any penal institution and any other institutional enterprise and activity of the State of Indiana, wherever located; the universities supported in whole or in part by State funds; and the Judicial Department of the :Mate of Indiana. 3 (f) The team "employment agency" shall mean any person undertaking, with or without compensation, to procure, recruit, refer or place employees. (g) The term "labor organization" shall mean any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning' grievances, terms or conditions of employment or of mutual aid or protection in connection with employment. (h) The term "educational institution" shall mean all public and private schools and training centers except those affiliated with religious institutions, only insofar as they may give preference to members of their religious group in selecting their students, except that they shall not discriminate on the basis of race, color or national origin. (i) The term "discriminatory practice" shall mean the exclusion of a person by another person from equal opportunity or a system which excludes persons from equal opportunity in employment, education, public conveniences and accommodations because of race, religion, color, sex, disability, national origin, er ancestry, or sexual orientation ender identity in the matter of employment. A discriminatory practice also means the refusal to sell or rent after the making of a bona fide offer; the refusal to negotiate for the sale or rental or otherwise making unavailable or denying, or otherwise discriminating against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's race, color, religion, sex, familial status, disability, or national origin. A "discriminatory practice" shall also include the following: 1. Advertising for the sale or rental of a dwelling in a manner that indicates any preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, or national - origin; 2. Falsely representing that a dwelling is not available for inspection, sale, or rental based on race, color, religion, sex, disability, familial status, or national origin; 3. Coercion, intimidation, threats, or interference with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his br her having aided or encouraged any other person in the exercise of enjoyment of any right granted or protected by sections 2- 128.1, 2- 128.2, 2- 128.3, 2125.4 or 2128.5 of this chapter; 4. 8lockbusting' based on representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status, or national origin; 5. Discrimination because of race, color, religion, sex, disability, national origin, or familial status by persons or entities whose business includes engaging in residential real estate transactions in the making of a loan or the granting of financial assistance for residential real estate, in the selling, brokering or appraisal of residential real estate, or by 0 the denial of access to or participation in a multiple- listing service or other real estate broker organization or services. Every discriminatory practice relating to the acquisition or sale of real property, education, public accommodations or employment shall be considered unlawful unless it is specifically exempted by this Article. 0) "Public accommodation" shall mean any establishment, organization or authority which caters or offers its services or facilities or goods to the general public, including, but not limited to, motels, hotels, theaters, stores, public restaurants, public library services, and public recreational services and facilities. (k) "Charging party" shall mean any individual charging on his own behalf to have been personally aggrieved by a discriminatory practice or the Director of the Commission with the approval of the full Commission charging that a discriminatory practice was committed against a person other than himself or a class of people in order to vindicate the public policy of the City of South Bond as defined in sections 2 -127, 2- 128.1, 2- 128.2, 2- 128.3, 2 -128.4 and 2 -128.5 of this Article. (1) "Charg;," shall mean any written grievances filed by a charging party with the Commission. The original shall be signed and verified before a notary public or other person duly authorized by law to aidminister oaths and take acknowledgments; notarial service shall be furnished by the Commission without charge. To be acceptable by the Commission a charge shall be sufficiently complete so as to reflect properly the full name and address of the charging party; the name and address of the respondent against whom the charge is made; the alleged discriminatory practice and a statement of the particulars thereof; if of a continuing nature, the dates between which said continuing acts of discrimination are alleged to have occurred; and a statement as to any other action, civic or criminal, instituted in any other form based upon the same grievance as is alleged in the charge, together with a statement as to the status or disposition of such other action. No charge based upon discrimination in housing and housing related transactions as prohibited by this act shall be valid unless filed within one (1) year from the date of the alleged act. No charge based upon any discrimination other than housing and housing related transactions shall be valid unless filed within ninety (90) days from the date of the alleged act, or from the date of the termination of a published and meaningful grievance procedure provided by a respondent employer, or labor union, (m) "Respondent" shall mean any person against whom a charge is filed. (n) "Consent agreement" shall mean a formal agreement entered into in lieu of adjudication. (o) "Affirmative action" shall mean those acts which the Commission deems necessary to assure compliance with the South Bend Human Rights Ordinance. (p) The term "sex" as it applies to segregation or separation in this article shall apply to all types of employment, education, public accommodation and housing. 5 (q) "Disabled" or "disability" means, with respect to a person: (1) A physical or mental impairment that substantially limits one (1) or more of the person's major life activities; (2) A record of having an impairment described in subdivision (1); or (3) Being regarded as having an impairment described in subdivision (1). The term does not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802). The term does not include an individual solely because the individual is a transvestite. (r) "Person" means one (1) or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, mutual companies, joint -stock companies, trusts, unincorporated organizations, trustees, receivers, fiduciaries and other organized groups of persons. (s) "Familial status" means that the person who is the subject of discrimination is: (1) Pregnant; (2) Domiciled with an individual younger than eighteen (18) years of age in regard to whom the person- (A) is the parent or legal custodian; or (B) Has the written permission of the parent or legal custodian for domicile with that person; or (3) In the process of obtaining legal custody of an individual younger than eighteen (18) years of age. (t) "To rent" includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to ocs:upy premises not owned by the occupant. (u) "Dwelling" means: (1) Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one (1) or more families; or (2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by subdivision (1). (v) "Secretary" means the Secretary of Housing and Urban Development. on (w) "Gender identity" means an individual having or being perceived as having a gender - related self- identitti, self- image, appearance, expression or behavior different from those characteristics traditionally associated with the individual's assigned sex at birth. (x) "Sexual orientation" means an individual's actual or perceived identity or ractice as a lesbian woman, gay man, bisexual person or heterosexual person. See. 2- 128.1. Prohibited Notices, Statements, Advertisements, or Representations in Housing. (a) A person may not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make such a preference, limitation, or discrimination. (b) A person may not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection, for sale, or rental when the dwelling is so available. (c) A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by represe .,tations regarding the entry or prospective entry into a neighborhood of a person or persons of a particular race, color, sex, disability, religion, familial status or national origin, See. 2- 12$.2. 14andicapp Disability Discrimination in Housing. (a) A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter, nor may a person discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision' of services or facilities in connection with the dwelling because of a disability of; (1) The buyer or renter or person; (2) 'A person residing in or intending to reside in the dwelling after the dwelling is sold, rent'-d. or made available; or (3) ; Any person associated with the buyer or renter or person. (b) For purposes of this section only, discrimination includes the following: (1) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises. (2) A refusal to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling. 7 (3) In connection with the design and construction of covered multifamily dwellings for firs', occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that: (A) The public use and common use parts of the dwellings are readily accessible to and usable by disabled persons; (B) All the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by disabled persons in wheelchairs; and (C) All premises within the dwellings contain the following features of adaptive design: 1. An accessible route into and through the dwelling; 2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; 3. Reinforcements in bathroom walls to allow later installation of grab bars; and 4. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space. (c) As used in subsection (b), "covered multifamily dwellings" means: (1) Buildings consisting of four (4) or more units if the buildings have one (1) or more elevators; and (2) Ground floor units in other buildings consisting of four (4) or more units. (d) Compliance with the rules of the fire prevention and building safety commission that incorporate by reference the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people (ANS1A1 IT 1) satisfies the requirements of subsection (b)(3)(C). (e) This section does not require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. [P.L. 66 -1990, § 2.1 See. 2- 128.3. Loans or Financial Assistance. (a) As used in this section, "residential real estate related transaction" means the following: 0 (1) Making or purchasing loans or providing other financial assistance: (A) To purchase, construct, improve, repair, or maintain a dwelling; or (B) Secured by residential real estate. (2) Selling, brokering, or appraising residential real property. (b) A person whose business 'includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available, or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status, or national origin. [P.L. 66 -1190, § 2] Sec. 2- 128.4. Brokers' Organizations, Services, or Facilities. A person may not deny any person access to, or membership or participation in, a multiple - listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, sex, handicap, familial status, or national origin. [P.L. 66 -1990, § 2.1 Sec. 2- 128.5. Elderly Housing Exception to Discrimination Based on Familial Status. (a) The denial of housing rights and opportunities based on familial status as prohibited by this article shall not apply to housing intended for and solely occupied by persons over sixty -two (62) years of age or older or which is designed and operated to assist elderly persons under a federal or state program. If there are persons living in such housing under age sixty -two (62), this exception applies provided that: (1) All occupants after September 13, 1988 are at least sixty -two (62) years old; (2) Any unoccupied units are reserved for occupancy by persons at least sixty -two (62) yca: s old; and (3) -Any persons under age sixty -two (62) occupying said housing after September 13, 1988 are employees of the housing and their family members residing in the same unit, and such employees perform substantial duties directly related to the management or maintenance of the housing. (b) The determination of whether any housing unit falls within the exception created by this section shall, be made by the Commission and shall be consistent with any determinations already made by the Secretary of Housing and Urban Development. 9 Sec. 2- 128.6. Single - Family and Small Unit Exception. (a) Excep! for the prohibition against the making, printing or publishing of a sale or rental notice containing discriminatory preference or limitation as set forth in section 2- 128.1(a) of this article, no other prohibition concerning housing or housing related practices shall apply to: (1) 'Any single - family house sold or rented by an owner. Provided, that such private individual owner does not own more than three (3) such single - family houses at any one time: Provided further, that in the case of the sale of any such single - family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty -four- month period: Provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) such single - family houses at any one time: Provided further, that after December 31, 1969, the sale or rental of any such single- family house shall be excepted from the application of this title only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 2- 128.1(a) of this article; but nothing in this provision shall prohibit the use of attorneys, ese?.*ow agents, abstractors, title companies, and other such professional assistance as nec, ssary to perfect or transfer the title; or (2) ' Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families Iiving independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (b) The determination of whether any housing unit falls within the exception created by this section shall be made by the Commission and shall be consistent with any determinations already made by th. Secretary of Housing and Urban Development. See. 2 -129. 'Duman Rights Commission Created, Composition; Tenure of Members, Filling Vacancies; Removal, Compensation. (a) There ' is hereby created a South Bend Human Rights Commission composed of nine (9) members kxho are residents of the City of South Bend and are representative of the racial, ethnic, religious, economic and educational groups in the community. (b) Successors to all members of the Commission shall be appointed for terms of four (4) years, except when appointed to fill a vacancy, in which case such appointment shall be for the unexpired term. 10 (c) Members of the Commission maybe removed by the appointing authority for just cause. All members of the Commission shall serve without compensation. Sec. 2 -13I1. Appointment of Members, Quorum; Election of Officers; Meetings; Concurrence of Majority Required for Action. (a) Six (6)''members shall be appointed by the Mayor and three (3) members shall be appointed by the President of the Common Council. Each appointment shall be for a term of four (4) years. In the event of death or resignation of any member, his successor shall be appointed to serve for the unexpired period of the term for which such member had been appointed. Members of the Commission may be removed by the appointing authority for just cause. All members of the Comrission shall serve without compensation and any five (5) members shall constitute a quorum. (b) The Commission shall elect from its membership once each year a chair, vice -chair and secretary. (c) The Commission shall hold one (1) regular meeting each month and such special meetings as the chair may deem necessary. (d) It shat! take the concurrence of a majority of the Commission membership to take legal or official action, except that a determination of probable cause may be based upon a concurrence of a majority of Commissioners voting upon the case excluding members abstaining. Sec. 1-131. Powers and Duties of Commission, The Commission is empowered to and shall do the following: (a) Establish and maintain a permanent office in the City of South Bend. (b) Recommend to the Mayor for appointment an executive director, or such personnel as it may deem ?iecessary, and to prescribe their duties. (c) Adopt. promulgate, amend and rescind such rules and regulations, procedural and substantive, as may be consistent with the provisions of this article and state laws. Such rules and regulations shall be adopted in accordance with the provisions of this article as it may hereafter be amended. (d) FormirIate policies to effectuate the purposes of this article and make recommendations to the City to effectuate such policies. The several departments, commissions, boards, authorities, divisions, `)ureaus and officers of the City may furnish the Commission, upon its request, all records, papers, and information in their possession relating to any matter before the Commission. 11 (e) Receive and investigate charges of discriminatory practices. The Commission shall not hold hearings in the absence of a charge as herein defined. All investigations of charges shall be conducted by staff members of the Commission. (f) Issue sL.ich publications and such results of investigations and research as in its judgment will tend to minimize or eliminate discrimination because of race, color, religion, sex, disability, national origin or ancestry, sexual orientation ender identitv in the matter of employment, or familial status in the case of housing. (g) Prepare and issue a report annually to the Common Council and Mayor, describing in detail the investigation and conciliation proceedings it has conducted and their outcome, the progress made and any other work performed and achievements towards the elimination of discrimination. (h) Prevent any person from discharging, expelling or otherwise discriminating against any other person because he filed a charge or has testified in any hearing before this Commission, or has in any way assisted the Commission in any matter under investigation. (i) Appoint hearing officers, hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any such person under oath, and require the production for examination of any books and papers relating to any matter under investigation or in question before the Commission. The Commission shall have the exclusive power to subpoena, but it shall consult with the Department of Law concerning the issuance of a subpoena. The Department of Law may veto the issuance of a subpoena if and only if such an issuance would be an abuse of the Commission's subpoena power. Abuse of the Commission's subpoena power shall include but not be Jimmied to use of such subpoena power for harassment purposes, issuance of a subpoena for information clearly irrelevant to the investigation being conducted, and issuance of a subpoena for information over an excessively broad span of time. Contumacy or refusal to obey a subpoena issued pursuant to this section shall constitute a contempt. All hearings shall be held within the City of South Bend at a location determined by the Commission. A citation of contempt may be issued upon application by the Commission to the circuit or superior court, or judge thereof, in the County in which the hearing is held or in which the witness resides or transacts business. (1) 'The Commission shall state its finding of fact after a hearing, and, if the Commission finds a person has engaged in an unlawful discriminatory practice, it may cause to be served on such person an order requiring such person to cease and desist from the unlawful discriminatory practice and requiring such person to take further affirmative action as will effectuate the purposes of this article, including but not limited to the power to restore charging party's losses incurred as a result of discriminatory treatment, as the Commission may deem necessary to assure justice. The Commission may require the posting of notice setting forth the public policy of Indiana concerning civil rights and the respondent's compliance with said policy in places of public accommodations; and it may regttizv proof of compliance to be filed by the respondent at periodic intervals. 12 (A) Except in housing cases which are separately treated in sub -part (C) of this section, the Commission may impose a penalty upon any respondent of one thousand five hundred dollars ($1,500.00) for the first and second violation of this article within a five -year period, and may further impose a penalty of two thousand five hundred dollars ($2,500.00) for three (3) or more violations of this article within a five -year period. (B) When applied to discrimination in employment, the Commission shall also have power, to the extent consistent with state law , to restore charging party's losses by awarding damages including wages, salary, commissions, fringe benefits in an amount not to exceed that lost over a two -year period. For discrimination in employment and housing, the Commission shall also have the power, to the extent consistent with state la to award damages which will compensate charging party for future pecuniary loss, emotional pain, suffering, inconvenience, anguish, loss of enjoyment of life and other non- pecuniary losses, costs and attorney fees. (C) To vindicate the public interest in cases of housing discrimination, the Commission may assess a civil penalty of two thousand five hundred dollars ($2,500.00) for each commission of a discriminatory housing practice. (D) The Commission may sue to recover a civil penalty due under this section. [P.L. 66 -1990, § 2.1 (2) Judicial review of any decision of the Commission as referred to in this article may be obtained under IC 4- 21.5 -1 in the same manner as if the decision was that of a State agency. However, only in those cases involving discriminatory housing practices as prohibited by this Chapter, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have decided in a civil action those claims asserted in a finding of probable cause. Such election must be made not later than twenty (20:) days after the date of receipt by the electing person of service under this chapter, and such person shall give written notice to the Commission and all other complainants and respondents to whom the finding of probable cause relates. Such civil action shall be filed in the circuit or superior court of St. Joseph County or any other court of proper jurisdiction, and if the court finds that a discriminatory housing practice has occurred or is al out to occur, the court may grant any relief appropriate in a civil action under this Article or IC 22- 9.5 -8.1 -2 or as authorized by the Civil Rights Act of 1991, or the federal Fair Housing Act. (3) In those cases involving discriminatory housing practices as prohibited by this Act where final adjudicative Commission action is in favor of the charging party, the charging party shall be permitted to have damages determined in the circuit of superior court of St. Joseph County or any other court of proper jurisdiction having the power to award punitive damages as allowed by the Fair Housing Act. Charging parties shall mare such a request to the Commission in writing within five (5) days from the notice of final Commission action, which notice shall advise charging party of this right to damage 13 determination, and the Commission shall represent charging party at the Commission's expense in such court action for damages. The Commission shall seek such a judicial determination of damages within one (1) year of the alleged discriminatory housing practice. If it is impracticable for the Commission to seek such a determination within one (1) year of the alleged discriminatory act, it shall notify charging party and respondent.in writing of its reasons for not doing so, and shall undertake such judicial determination as soon as practicable. 0) Reduce the terms of conciliation agreed to by the parties to a writing to be called a "consent agreement' .which the parties and a majority of the Commissioners shall sign and when so signed the consent. agreement shall have the same effect as a final decision of the Commission. If the Commission determines that a party to a consent agreement is not complying with the agreement, the Commission may obtain enforcement of the consent agreement in a circuit or superior court upon showing that the party is subject to the Commission's jurisdiction. (k) InstituEe actions in the St. Joseph Superior or Circuit Court for appropriate or equitable relief. (1) Transfer cases to the Indiana Civil Rights Commission or to an appropriate federal agency and to receive cases transferred from the Indiana Civil Rights Commission or from an appropriate federal agency. The South Bend Human Rights Commission shall proceed to act on any case transferred to it from the Indiana Civil Rights Commission as if the case had been originally filed with the South Bend Human Rights Commission as of the date the charge was filed with the Indiana Civil Rights Commission. Sec. 2 -132, Discrimination in Performance of City Contracts. Every contract to which the City is a party, including franchises granted to the public utilities, shall contain ' a provision requiring the contractor and his subcontractor not to discriminate against any employee or applicant for employment who is to be employed in the performance of such contracts with respect to his hire, tenure, terms, conditions or privileges of employment, because of his race, religion, color, sex, handicap, sexual orientation, gender identity_, national origin or ancestry. Breach of this covenant may be considered a material breach of the contract. Sec, 2- 132.1. Private Enforcement. This section may be enforced by an aggrieved charging party through the commencement of an action in the St. Joseph County Circuit or Superior Court or any other court of proper jurisdiction not less than one (1) year after the occurrence or termination of the alleged discriminatory practice. Section 11. Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall 'not affect the validity of the remaining portions of this ordinance. 14 Section III, This ordinance shall be in full force and effect from and after is passage by the Common Council, approval by the Mayor and legal publication. Attest: John Voorde, City Clerk Member, South Bend Common puncil 41 P sonlh,,g of ba Pre4ented by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the __ day of , 2006, at o'clock _. m. Janice Talboom, Deputy Clerk Approved and signed by me on the day of 2006, at o'clock .m. Stephen J. Luecke Mayor of the City of South Bend, Indiana t s, PEAD!7NG PUBLIC 4Fr'.ltl s 3 rd P_ ADiNG �IC)T A. P :GVEO PASSED 15 Fled in Cal�`rk, 8 OfiRce =-9 JOFN June 7, 2010��� —�.� Derek Dieter President, South Bend Common Council County -City Building South Bend, IN 46601 Re: Palais Royale Historic Preservation Fund Appropriation Dear Mr. Dieter: I attach for filing with the South Bend Common Council an Ordinance requesting an appropriation of $8,000 within the Palais Royale Historic Preservation Fund (Fund 450). Revenues for this Fund are generated from a 2% surcharge assessed on all services provided in connection with the use and rental of Palais Royale facilities. Pursuant to Ordinance No. 9706 -06, the Palais Royale Historic Preservation Fund shall be used for the sole purpose of assisting with the continued historic preservation, maintenance, and repair of the Palais Royale building and related facilities, and I hereby request funds to be released to make said repairs to the historic exterior stone work and reseal areas around the existing windows on the exterior of the building. The amount of $5,000 is hereby requested for appropriation. The purpose for which the Morris Performing Arts Center desires appropriations consists of the following: $8,000 Repairs to the historic stone work on the exterior of the Palais Royale building, and to reseal areas around existing windows, and to repair interior wall damage that was caused by water seeping into the building from around exterior historic stone work. The Morris Performing Arts Center Administration requests the CounciI's approval of this Ordinance that will benefit the City and its citizens by maintaining and protecting their vested interest in the historic building structure. Sincerely, Dennis J. dres Executive Director ` / PO Attachment Morris Performing Arts Center • 211 N. Mi Street • South Bend, IN 46601 Office: (574) 235 -9198 • Fax: (574) 235 -5604 ® http://www.MorrisCenter.org ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $8,000 FROM THE PALAIS ROYALE HISTORIC PRESERVATION FUND (FUND 450) FOR REPAIRS TO THE HISTORIC EXTERIOR/INTERIOR OF THE VENUE. STATEMENT OF PURPOSE AND INTENT The Palais Royale Historic Preservation Fund (Fund 450) was established for continuing historic preservation, maintenance, and repair of the Palais Royale, a historic landmark in downtown South Bend listed since 1984 on the National Register of Historic Places, and contiguous to the Morris Performing Arts Center. Pursuant to Ordinance No. 9706 -06, the Palais Royale Historic Preservation Fund shall be used for the sole purpose of assisting with the continued historic preservation, maintenance, and repair of the Palais Royale building and related facilities, and hereby requests those funds to be released to make said repairs to the stone work and reseal areas around the exiting windows on the exterior of the building. The amount of $8,000 is requested for appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The following sum of money is hereby appropriated and ordered set apart from and within the Palais Royale Historic Preservation Fund for restoration to the historic stone on the exterior of the Palais Royale, specifically around the existing windows, and to repair damage caused by water seepage. Account Number Description Amount 450 Palais Royale Historic Preservation Fund $8,000 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Cou ` it Attest: 0 ' A s.. •`,< §;, �,�_:� �. Md City Clerk C; ti Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . In. Approved and signed by me on the day of st READING �- 1` --k D ALIC HFARING rd REA Lf NV G OT ArPPROVhD TERREt7 kSSED. City Clerk 2 , at Mayor, City of South Bend, Indiana Ca1liR..i ° r.,F.•d offs C:4,'�f CITY OF SOUTH BEND STEPHEN J. LuEcKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CONTROLLER June 8, 2010 (S�'O Derek Dieter, President South Bend Common Council County -City Building 227 W. Jefferson Blvd., 4"' Floor South Bend, IN 46601-1830 Re: Ordinance Borrowing Funds From Rainy Day Fund ( #102) Dear President Dieter: Due to delays in receipt of certain property tax revenue and State of Indiana revenue, it is necessary to transfer monies by June 30, 2010 from the Rainy Day Fund to three depleted funds in order to meet operational expenses. All funds will be paid back by December 31, 2010. The total amount to be borrowed from the Rainy Day Fund is S 1,850,000. The cash balance in the Rainy Day Fund is currently $8,502,078. I plan to present this ordinance at the Personnel & Finance Committee meeting on June 23, 2010. Thank you for your consideration in this matter. Sincerely, Gregg ientara City Contr Her c: Common Council Members Mayor Stephen Luecke COUNTY - CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235 -9216 FAx 5741235 -9928 TDD 5741235 -5567 r) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM THE RAINY DAY FUND NO. 102 TO DEPLETED FUNDS WITHIN THE CITY OF SOUTH BEND STATEMENT OF PURPOSE AND INTENT Due to the delays in receipt of certain property tax revenue and State of Indiana revenue, it has become necessary to temporarily transfer monies from various Funds within the City to depleted Funds to meet current operational expenses. All Funds from which temporary transfers are to be made have monies sufficient to accommodate these temporary transfers. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The aggregate sum of $1,850,000 shall be transferred from the following Funds as follows: A. $1,850,000 from Fund No. 102 Rainy Day Fund Section II. The monies totaling an aggregate sum of $1,850,000 transferred per Section I from Fund No. 102 shall be deposited and loaned temporarily to the following Funds: A. $650,000 to Fund 313 Hall of Fame Debt Service; and B. $700,000 to Fund 701 Fire Pension fund; and C. $500,000 to Fund 702 Police Pension Fund. Section III. All monies transferred under Section I to the Funds designated in Section II shall be paid back to the originating Fund no later than December 31, 2010. Section IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: City Clerk i11 o b' K r o U 5 C7 s 'C •v ! 3r O txJ q r ! O 0 ` LJ 47 0 cn Z Y U1 1 0 I H I a o I a m y] ! r i 1 ul d I I I W I f � } f N I 1-i in ry�y W W W 3 W w Ul i i:J z l n I i h] i ! H I I ro 1 Lf) t I z ! c� a r r H H r 01 r r w iP m rn iC I W Zl 3 [+7 tq d tq tP .P Aa t p] tn r � r r W Cn 1 �sj I 1 I 2 5 1p YD In t I-j £ 1 1 ! L,-3 I I I 1 W W 1 � 1 � m H rK J j z ro ! I W 1 1 h I I aro I av 1 1 � I ! o tai ! I � ! 1 1 N j o r w ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 E. NORTH•SHORE DRIVE, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner, First Unitarian Church, South Bend, Indiana, requests rezoning of the real estate at 1,01 E. North Shore Drive, South Bend, Indiana, from SF -2 to PUD to allow contingent purchaser, East Northshore Properties, LLC to re -use the existing church building on the property, and construct an addition and garages, for four (4) residential condominium units and to preserve existing open space on East North Shore Drive. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots Numbered One (1), Two (2), and Three (3), and all of Lot Numbered Four (4) excepting therefrom a lot or parcel of land twenty (20) feet in width, North and South, taken off of and from the entire length of the North side thereof, all as shown on the recorded Plat of the First Addition of Navarre Place, in the City of South Bend. be and the same is hereby established as Planned Unit Development (PUD). SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk Member of the Common Counc SOifng of gnin, e 3 aw oils I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 101 E. North Shore Drive, South Bend, Indiana 46617 2) Name and address of property owner(s) of the petition site: First Unitarian Church, South Bend, Indiana 101 E. North Shore Drive South Bend, Indiana 46617 3) Name and address of contingent purchaser(s), if applicable: East Northshore Properties, LLC 521 W. Colfax Avenue South Bend, Indiana. 46601 4) It is desired and requested that this property be rezoned from SF -2 to PUD 5) This rezoning is requested to allow the following use(s): Renovation of existing church structure and construction of an addition and a garage for four (4) residential condominium units. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (0 a location map, if available, drawn to scale, which includes street names, printed in 8V2" x I I" format. PETITION PREPARED BY: Charles S. Leone (8765 -71) Leone Halpin, LLP 521 West Colfax Avenue South Bend, Indiana 46601 Phone: (574) 234 -8050 E -mail cleone @leonehalpin.com First Unitarian Church, South Bend, Indiana By: r: echard Wallace, President JUN - 9 2010 L!; i [.7 J j�,, ", :Yr(j -D, !IFS Legal Description Lots Numbered One (1), Two (2), and Three (3), and all of Lot Numbered Four (4) excepting therefrom a lot or parcel of land twenty (20) feet in width, North and South, taken off of and from the entire length of the North side thereof, all as shown on the recorded Plat of the First Addition of Navarre Place, in the City of South Bend. STATEMENT OF PURPOSE AND INTENT Petitioner, First Unitarian Church, South Bend, Indiana, requests rezoning of the real estate at 101 E. North Shore Drive, South Bend, Indiana, from SF -2 to PUD to allow contingent purchaser, East Northshore Properties, LLC to re -use the existing church building on the property, and construct an addition and garages, for four (4) residential condominium units and to preserve existing open space on East North Shore Drive. 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 2211 S. MICHIGAN ST. WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 2211 S. MICHIGAN ST. in order to permit A SPECIAL EXCEPTION FOR MANUFACTURING/RETAILER IN A "MU" MIXED USE DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite I00 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 June 3, 2010 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Elizabeth Parvu ABZA 6/2/10 Dear Council Members: The above referenced petition of Elizabeth Parvu was legally advertised on May 21, 2010, The Area Board of Zoning Appeals gave it a public hearing on June 2, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow Manufacturing /Retailer in a "MU" Mixed Use District, on property located at 2211 S. Michigan Street, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincere/ Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PARVU SPECIAL EXCEPTION PURSUANT 21- 09.3(1)) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1, THE PROPOSED IUSE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT. COMMUNTTY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAiJS1W: Development and use as presented will comply with all building, fire safety_ traffic, and parking regulations as to not being injurious to the public health, safety, morals. and general welfare of the cornmunity.. _. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED? USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICF IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions oat the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEN D COMPREFIE_NS-ITI'E PL.4N B E CA I J SE: It is the feeling of the Board that the variance is blending into the overall Comprehensive flan and is not deviatin; front it's intent. CONDITIONS OR REVISIONS: DECISI0N IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of Soutl Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 2ND Day of JUNE, 201 0. YES NO ® MICHAEL URBANSKI ® RANDALL MATTHYS ® JACK YOUNG ABSENT JACK MICKEY ® GERALD PH.IPPS ® R013ERT HAWLEY ® JOE VELLEMAN 6 �- v � , � o 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 854 FELLOWS ST., SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 850 Fellows St., South Bend, Indiana 46601 -3121 in order to permit Special Exception Uses for a Wrecker Service pursuant to zoning ordinance section 21- 04.02(a)(2)(B)(i) and for outdoor storage or operations on 70% of the total lot area pursuant to section 21- 04.02(b)(10)(c)(ii). 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 or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council 040 WIA MAY - 7 2010 PRESENTED' NOT APP9,0YW c DOPTED MIRKIN LAW OFFICES, P.C. ATTORNEYS AT LAW 112 WEST JEFFERSON BOULEVARD WEDS FAxco BANK BUILDING, Surm 400 SAM MiRKIN SOLmi BEND, INMANA 46601 DA11I, L. MIRKIN" 'AC3o LICENSED IN MICHIGAN May 7, 2010 Board of Zoning Appeals City of South Bend 125 S. Lafayette BIvd., Suite 100 South Bend, IN 46601 Re: Petition for Special Exception Use at 850 Fellows Street Dear Ladies & Gentlemen: TELEPHONE: (574) 232 -3393 FAX: (574) 232 -7730 E -MAIL: dmirkin @mirkinlaw.com This Petition for Special Exception Uses and Variances is being submitted by LTODD, LLC, 1530 S. Walnut Street, South Bend, IN 46619, telephone: 574 - 289 -8984. The property in question is commonly known as 850 Fellows Street, South Bend, IN 46601- 3121. The legal description and tax identification numbers are attached. The property is owned by H. G. Christman Construction, Inc., 850 Fellows Street, South Bend, IN 46601 -3121, telephone 574- 287 -2827. LTODD, LLC is a contingent purchaser of the property. Its members are Todd and Lora Stull. This Petition requests a Special Exception Use for the property to be used for a Wrecker Service pursuant to Zoning Ordinance Section 21- 04.02(a)(2)(B)(i) and for outdoor storage or operations on 70% of the total lot area pursuant to Zoning Ordinance Section 21- 04.02(b)(10)(C)(ii). This Petition requests the following Variances in order for the property to continue to be used in its current condition: 1. A Variance from the 30 foot front setback requirement on the west side of the property pursuant to Ordinance Section 21- 04.02(b)(2)(A) to 0 feet to accommodate the warehouse located on this property within this setback. 2. A Variance from the 30 foot front setback requirement on the cast side of the property pursuant to Ordinance Section 21- 04.02(b)(2)(A) to 0 feet to accommodate the two buildings located on this property within this setback. 3. A Variance from the 10 foot side yard setback on the south side of the property pursuant to Ordinance Section 21- 04.02(b)(2)(B) to 0 feet to accommodate the warehouse located on this property within this setback. 4. A Variance from all required landscaping pursuant to Ordinance Section 21- 07.01 to current landscaping. 5. A Variance from Ordinance Section 21- 04.02(b)(10)(B)(ii)(a) to allow outdoor storage everywhere within the fenced area of the property indicated on the Site Plan. These Special Exception Uses and Variances are necessary so Rylynn, Inc., d /b /a Bestway Towing, can conduct its towing operations as a Wrecker Service on the property. Bestway Towing is owned by Todd and Lora Stull. The Variances are necessary because the property is being rezoned from Light Industrial District to General Industrial District, and variances are necessary so the property can continue to be used in its current condition. These Special Exception Uses and Variances are also necessary so Bestway Towing can store towed vehicles on 70% of the property. The proposed Special Exception Uses and Variances will not be injurious to the public. health, safety, comfort, community moral standards, convenience, or general welfare. Bestway Towing provides towing services for vehicles. Bestway Towing has conducted its activities for many years without incident. Allowing a vehicle towing and storage service is safe and appropriate. The current condition of the property is not being changed. The proposed Special Exception Uses and Variances will not injure or adversely affect the use of the adjacent area or property values therein. Adjacent properties are used for industrial companies, warehousing, and similar uses. A vehicle towing and storage business will pose no harm to adjoining businesses. The property's current condition will not be changed. The proposed Special Exception Uses and Variances will be consistent with the character of the district in which it is located and the land uses authorized therein. A Petition for Rezoning from Light Industrial District to General Industrial District has been filed and will be heard by the Area Plan Commission at its June 15, 2010 meeting. South Bend's zoning ordinance regarding General Board of Zoning Appeals May 7, 20I0 Page 3 Industrial Districts specifically contemplates allowing a Special Exception Use for a Wrecker Service and for storage on more than 50% of the property. Other businesses on adjoining properties are similar in character and economic activity. The proposed Special Exception Uses and Variances are compatible with the recommendations of the City of South Bend Comprehensive Plan, in that it supports economic development and activity and will be beneficial to the community. The City of South Bend has directed LTODD, LLC to this property and supports this petition. The property is currently not being used by an active business. Strict application of the terms of the Ordinance will result in practical difficulties of the use of the property because it would require the current warehouse to be torn down, and would make development and use of the property too costly. This Petition is being presented by Attorney David L. Mirkin, Mirkin Law Offices, P.C., 112 W. Jefferson Blvd., Wells Fargo Bank Bldg., Suite 400, South Bend, IN 46601, telephone (574) 232- 3393, on behalf of LTODD, LLC. As noted above, the property is currently zoned LI Light Industrial District. It is located in Portage Township. A Petition to Rezone the property to GI General Industrial. District is pending before the Area Plan Commission and the Common Council. Respectfully submitted, David L. Mirkin DLM:pjw AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 June 3, 2010 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception for LTODD, LLC ABZA 6/2/10 Dear Council Members: The above referenced petition of LTODD, LLC was legally advertised on May 13, 2010. The Area Board of Zoning Appeals gave it a public hearing on June 2, 2010, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow a wrecker service and for outdoor storage of operations on 70% of the total lot area in a "GI" General Industrial District, on property located at 850 Fellows Street, is sent to the Common Council with a favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel , Charles C. Bulot, C.B.O. Building Commissioner CCB /cah LTODD,LLC SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF PACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH. SAFETY_ COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all buiiding, fire safety_ traffic, and parking regulations as to not being injuriaus to the public health, safety. morals, and general welfare of the community., 2. THE PROPOSED USE WILL NOT INJURE' OR ADVERSELY AFFECT THE US- OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. a. THE PROPOSED? USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRJCT IN WHICI- IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property- predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH TD-I.]E RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREH- EH PLA.IV BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviatin; from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision ofthe Board that this request for Special Exception shall be passed onto the Cite of Sout1 Beard Common Council with a: F'A'VORA33LE RECOMMENDATION ADOPTED this 2NID Day of JUNE_ 2010. NO ® MICHAEL URBANSKI ® RANDALL MATTHYS ® JACK. YOUNG ABSENT JACK HICKEY ® GERALD PHIPPS ® ROBERT HAWLEY ® JOE VELLEMAN MIRKIN LAW OFFICES, P.C. ATTORNEYS AT LAw 112 WEs'r JEFFERSON BOULEVARD WELLS FARGO BANY BUILDING, SUITE 400 SoLT'rH BEND, INDIANA 46602 SAM MIRKIN DAVID L. MIRKIN" 'AIso LICENsEn iN MICHIGAN June 7, 2010 Ms. Janice Talboom Office of the City Clerk County -City Building, Room 455 227 W. Jefferson Blvd. South Bend, 1N 46601 -1830 Re: 850 Fellows Dear Janice: TuEPxoNE: (574) 232.3393 FAX: (574) 232 -7730 F,MAIL: dmirkin @mirkiWaw.com Confirming our telephone discussion on Thursday, it is my understanding that the Special Exception Use will be tabled on June 28 and rescheduled for July 12, when the rezoning will actually be heard. PIease let me know if my understanding is incorrect in any way, or if there is anything else that I need to do to get this done. Thank you for your assistance. V truly yours, AA David LJMirkin DLM:pjw cc: Mr. Charles Bulot, Building Department Mr. Derek Spiers, Area Plan Commission Mr. Todd Stull Mr. Abe Marcus