HomeMy WebLinkAbout06-25-18 Agenda Packet
1
SOUTH BEND COMMON COUNCIL
M EETING A GENDA
Monday, June 25, 2018
7:00 P.M.
1. INVOCATION- SENIOR PASTOR GARY MCCALLUM- HEROES CAMP
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
SPECIAL RESOLUTION HONORING CHANCELLOR TERRY ALLISON, INDIANA
UNIVERSITY SOUTH BEND
LIMEBIKE UPDATE- NATHAN HASSE, OPERATIONS MANAGER
6. REPORTS FROM CITY OFFICES
7. COMMITTEE OF THE WHOLE TIME: ______
BILL NO.
14-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY
LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT
NO. 3 IN THE CITY OF SOUTH BEND, INDIANA
23-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND
MUNICIPAL CODE AT CHAPTER 17, ARTICLE 2, DIVISION 3, SECTION
17-8 (f) TO REVISE LOCAL PRETREATMENT STANDARDS FOR THE
CITY’S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT
24-18 PUBLIC HEARING ON AN ORDINANCE INITIATED BY THE AREA PLAN
COMMISSION OF ST. JOSEPH COUNTY, INDIANA, AMENDING CHAPTER
21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2 RESIDENTIAL
DISTRICTS, ARTICLE 3 COMMERCIAL / MIXED USE DISTRICTS, AND
2
ARTICLE 7 GENERAL REGULATIONS TO REVISE OFF-STREET PARKING
REGULATIONS
27-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,
ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE TO ADD SECTION
2-131.1 TO REQUIRE PERIODIC SEXUAL HARASSMENT AWARENESS
AND PREVENTION TRAINING FOR ALL CITY OF SOUTH BEND
EMPLOYEES, ALL CITY OF SOUTH BEND ELECTED OFFICIALS, AND
ALL CITY OF SOUTH BEND APPOINTED OFFICIALS
8. BILLS ON THIRD READING TIME:______
BILL NO.
14-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY
LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT
NO. 3 IN THE CITY OF SOUTH BEND, INDIANA
23-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND
MUNICIPAL CODE AT CHAPTER 17, ARTICLE 2, DIVISION 3, SECTION
17-8 (f) TO REVISE LOCAL PRETREATMENT STANDARDS FOR THE
CITY’S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT
24-18 THIRD READING ON AN ORDINANCE INITIATED BY THE AREA PLAN
COMMISSION OF ST. JOSEPH COUNTY, INDIANA, AMENDING CHAPTER
21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2 RESIDENTIAL
DISTRICTS, ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS, AND
ARTICLE 7 GENERAL REGULATIONS TO REVISE OFF-STREET PARKING
REGULATIONS
27-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,
ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE TO ADD SECTION
2-131.1 TO REQUIRE PERIODIC SEXUAL HARASSMENT AWARENESS
AND PREVENTION TRAINING FOR ALL CITY OF SOUTH BEND
EMPLOYEES, ALL CITY OF SOUTH BEND ELECTED OFFICIALS, AND
ALL CITY OF SOUTH BEND APPOINTED OFFICIALS
9. RESOLUTIONS
BILL NO.
3
18-15 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF
ZONING APPEALS FOR THE PROPERTY LOCATED AT 122 MILTON
STREET
18-23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF
ZONING APPEALS FOR THE PROPERTY LOCATED AT 117 S WILLIAM
STREET
18-24 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 112 E INDIANA
AVENUE
10. BILLS ON FIRST READING
BILL NO.
28-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR
VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND,
INDIANA FOR THE YEAR 2018
29-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2018 OF $304,000 FROM GENERAL FUND (#101),
($135,887) FROM PARKS & RECREATION FUND (#201), $6,000 FROM
MOTOR VEHICLE HIGHWAY FUND (#202), $123,769 FROM RECREATION
NONREVERTING (#203), ($2,733) FROM GIFT DONATION BEQUEST
FUND (#217), $25,425 FROM LIABILITY INSURANCE PREMIUM RESERVE
(#226), $330,000 FROM LOCAL ROADS & STREETS (#251), $100,000 FROM
LOIT 2016 SPECIAL DISTRIBUTION (#257), $595,304 FROM 2017 PARKS
BOND DEBT SERVICE (#312), ($626,302) FROM HALL OF FAME DEBT
SERVICE (#313), $275,000 COUNTY OPTION INCOME TAX (#401), $25,000
FROM PARK NONREVERTING CAPITAL (#405), $146,250 FROM
ECONOMIC DEVELOPMENT INCOME TAX (#408), $74,600 FROM MORRIS
CAPITAL IMPROVEMENT (#416), AND $1,867,115 FROM
EQUIPMENT/VEHICLE LEASING (#750).
30-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE
OPERATIONS IN 2018 OF $311,276 FROM EMS CAPITAL FUND (#287),
$219,930 FROM SEWAGE WORKS OPERATING (#641), $150 FROM 2011
SEWER BOND (#659), AND $7,500 FROM 2012 SEWER BOND (#661).
4
11. UNFINISHED BUSINESS
BILL NO.
18-26 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 1235 W NAPIER
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT TIME: _________
Notice for Hearing and Sight Impaired Persons
Auxiliary Aid Or Other Services Are Available Upon Request At No Charge.
Please Give Reasonable Advance Request When Possible.
In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s
website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official
text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by
a party against the Common Council or the City of South Bend, Indiana.
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: KAREEMAH FOWLER, CITY CLERK
DATE: JUNE 21, 2018
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for MONDAY, JUNE 25, 2018:
Council Informal Meeting Room
4th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
3:30 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON
1.Bill No. 27-18- City Employees, Elected and Appointed Officials Sexual Harassment Awareness
Training
4:00 P.M. PARC SHARON L. MCBRIDE, CHAIRPERSON
1.Update- Ecological Advocacy Committee (EAC), Aaron Perri and Steve Sass
2.Update- Charles Black Center, Aaron Perri- Venues, Parks & Arts
4:20 P.M. UTILITIES JAKE TESHKA, CHAIRPERSON
1.Bill No. 23-18- Request for Amendment of Local Standard Regulations in the South Bend Municipal
Code
4:35 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON
1.Update- Zoning Ordinance: Subdivisions- Michael Divita
2.Bill No. 24-18- Revise Off-Street Parking Regulations
3.Bill No. 18-15- 122 Milton Street- Special Exception Use
4.Bill No. 18-23- 117 S. William Street- Special Exception Use
5.Bill No. 18-24- 112 E. Indiana Ave- Special Exception Use
6.Bill No. 14-18- Rezoning for 1619 S. Michigan Street
Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after
the adjournment of the Zoning & Annexation Committee Meeting.
INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT
1. Discussion of Council Agenda
2.Update and Announcements
3. Adjournment
2
cc: Mayor Pete Buttigieg
Committee Meeting List
Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible
2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18)
COMMUNITY INVESTMENT COMMITTEE
Oversees the various activities of the Department of Community Investment. This Committee reviews all
real and personal tax abatement requests and works closely with the Business Development Team.
Gavin Ferlic, Chairperson Oliver J. Davis, Member
Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member
COMMUNITY RELATIONS COMMITTEE
Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood
Development, and Community Resources Teams within the City’s Department of CI and is charged with
facilitating partnerships and ongoing communications with other public and private entities operating within
the City.
Regina Williams-Preston, Chairperson Jake Teshka, Member
Sharon L. McBride, Vice-Chairperson Karen L. White, Member
COUNCIL RULES COMMITTEE
Oversees the regulations governing the overall operation of the Common Council, as well as all matters of
public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code.
Tim Scott, Member Gavin Ferlic, Member
Jake Teshka, Member Karen L. White, Member
HEALTH AND PUBLIC SAFETY COMMITTEE
Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code
Enforcement, ordinance violations, and related health and public safety matters.
Jo M. Broden, Chairperson Oliver J. Davis, Member
John Voorde, Vice-Chairperson Karen L. White, Member
INFORMATION AND TECHNOLOGY COMMITTEE- Innovation
Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of
Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge
of developments in this area. Reviewing and proposing upgrades to computer systems and web sites,
developing availability and access to GIS data and related technologies are just some of its many activities.
Tim Scott, Chairperson Gavin Ferlic, Member
Jake Teshka, Vice-Chairperson Sharon L. McBride, Member
PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment)
Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium,
Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art,
Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by
the Department of Venues Parks and Arts.
Sharon L. McBride, Chairperson Oliver J. Davis, Member
Gavin Ferlic, Vice-Chairperson John Voorde, Member
2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18)
PERSONNEL AND FINANCE COMMITTEE
Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed
salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and
related matters.
Karen L. White, Chairperson Regina Williams-Preston, Member
Gavin Ferlic, Vice-Chairperson John Voorde, Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Oversees the various activities performed by the Building Department, the Department of Public Works and
related public works and property vacation issues.
John Voorde, Chairperson Jo M. Broden, Member
Sharon L. McBride, Vice-Chairperson Gavin Ferlic, Member
RESIDENTIAL NEIGHBORHOODS COMMITTEE
Oversees the various activities and issues related to neighborhood development and enhancement.
Karen L. White, Chairperson Regina Williams-Preston, Member
Jo M. Broden, Vice-Chairperson John Voorde, Member
UTILITIES COMMITTEE
Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau
of Sewers and all related matters.
Jake Teshka, Chairperson Sharon L. McBride, Member
Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member
ZONING AND ANNEXATION COMMITTEE
Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan
Commission and the Historic Preservation Commission, as well as all related matters addressing annexation
and zoning.
Oliver J. Davis, Chairperson Gavin Ferlic, Member
John Voorde, Vice-Chairperson Jo M. Broden, Member
________________
SUB-COMMITTEE ON MINUTES
Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings
of the Common Council and makes a recommendation on their approval/modification to the Council
Tim Scott
Jake Teshka
2018 COMMON COUNCIL STANDING COMMITTEES (Rev.02-26-18)
TIM SCOTT, 1ST District Council Member
President
Information and Technology, Chairperson Council Rules Committee, Member
Sub-Committee on Minutes, Member
REGINA WILLIAMS-PRESTON 2nd District Council Member
Community Relations Committee, Chairperson Residential Neighborhood Committee, Member
Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member
SHARON L. MCBRIDE, 3rd District Council Member
PARC Committee, Chairperson Community Investment Committee, Member
Community Relations Committee, Vice Chairperson Information & Technology Committee, Member
Public Works & Property Vacation, Vice Chair Utilities Committee, Member
JO M. BRODEN, 4TH District Council Member
Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member
Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member
JAKE TESHKA, 5TH District Council Member
Utilities Committee, Chairperson Council Rules Committee, Member
Information and Technology Committee, Vice-Chairperson Sub-Committee on Minutes, Member
Community Relations Committee
OLIVER J. DAVIS, 6TH District Council Member
Vice President
Zoning & Annexation Committee, Chairperson Community Investment Committee, Member
Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member
PARC Committee, Member
GAVIN FERLIC, AT LARGE Council Member
Chairperson, Committee of the Whole
Community Investment Committee, Chairperson Information & Technology Committee, Member
PARC Committee, Vice-Chairperson Public Works & Property Vacation, Member
Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member
Council Rules Committee, Member
KAREN L. WHITE, AT LARGE Council Member
Residential Neighborhood Committee, Chairperson Community Relations Committee, Member
Personnel & Finance Committee, Chairperson Council Rules Committee, Member
Health & Public Safety Committee, Member
JOHN VOORDE, AT LARGE Council Member
Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member
Health and Public Safety, Vice-Chairperson PARC Committee, Member
Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member
LAWRENCE P. MAGLIOZZI
I· ;'\ I· C ll I I \' I D I R 1� C T O R
Angela M. Smith
Dl·puty D1r�·c-tor
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
127 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BLIILDIN<.;, ,OUTH BEND, INDIANA 46601 (174) lll-9171
March 6, 2018
Honorable Common Council 4th Floor, County-City Building
South Bend, IN 46601
RE: 1619 South Michigan Street
APC# 2865-18
Dear Council Members:
Filed in Clerk's Office r MAR 07 ;�;]
KAREEMAH FO-NLER
CITY CLERK, SOUTH BEND IN•-•----I
Enclosed in an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please
include the attached Ordinance on the Council agenda for first reading at your March 12, 2018 Council
meeting, and set it for public hearing at your April 23, 2018 Council meeting. The petition is tentatively
scheduled for public hearing at the April 17, 2018 Area Plan Commission meeting. The recommendation
of the Area Plan Commission will be forwarded to your office by noon on the day following the public
hearing.
If you have any questions, please feel free to contact our office.
Sincerely,
Jordan Wyatt
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND
WWW.STJOSEPHCOUNTYINDIANA COMIAR.EAPLAN
BILL NO. 14-18
LAWRENCE P. MAGLIOZZI
LSF('u I[%F D1RF("`fUR
Angela M. Smith
Ilepulq UinI nr
AREA PLAN COMMISSIC)N OF ST. JOSEPH COUNTY, IN
227 W. IF FFE ItSON BLVD., ROOM 1140 COIINTY•C'ITY BUILDING. 5011.01 BENI), INDIANA 46601 (574)215-9S71
Wednesday, May 16, 2018
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Delta One Properties,LLC to zone from LB Local Business District to CB
Community Business District and seeking a Special Exception Use to allow automobile sales, property
located at 1619 South Michigan Street,City of South Bend—APC#2865-18.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Delta One Properties,LLC was legally advertised on May
3,2018 and that the Area Plan Commission at its public hearing on May 15, 2018 took the following action:
Upon a motion by John McNamara,being seconded by Matthew Peterson and unanimously carried,a
proposed ordinance of Delta One Properties,LLC to zone from LB Local Business District to CB
Community Business District, property located at 1619 South Michigan Street,City of South Bend, is
sent to the Common Council with a UNFAVORABLE recommendation.Rezoning this property to CB
Community Business District could lead to development that is out of character for this section of
Michigan Street and create an environment that opposes the community's vision outlined in the
Comprehensive Plan.
Upon a motion by John McNamara,being seconded by Oliver Davis and unanimously carried,a
Special Exception Use for automobile sales property located at 1619 South Michigan Street,City of
South Bend, was sent to the Common Council with an UNFAVORABLE recommendation.
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,
i
Lawrence P. Magliozzi
Attachment
CC: Delta One Properties,LLC
Lang,Feeney&Associates
Michiana Auto Sales Attn: Jay Amer&Amjad Ahmed
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.$I C IN 0 I A N A C 0 M 1)0&1 a r e a-p 1,n
Staff Report 5/4/2018
APC# 2865-18
Owner: Delta One Properties,LLC
Location: 1619 South Michigan Street
Jurisdiction: City of South Bend
Public Hearing Date: 5/15/2018
Requested Action:
The petitioner is requesting a zone change from LB Local Business District to CB
Community Business District, seeking a Special Exception Use and seeking 4 variances
from the development standards.
Land Uses and Zoning:
On site: On site is a carry out resturant.
North: To the north, across an alley, is a vacant business zoned LB Local Business
District.
East: To the east, across Michigan Street, are single-family homes zoned MU
Mixed Use District.
South: To the south is a Family Dollar zoned LB Local Business District.
West: To the west, across an alley, are properties zoned LI Light Industrial
District.
District Uses and Development Standards:
The CB - Community Business District is established to provide a location for high
volume and high intensity commercial uses. Activities in this district are often large space
users which may include limited amounts of outdoor sales or outdoor operations.
Developments within the CB District shall be coordinated to facilitate vehicular and
pedestrian access from nearby residential districts.
Site Plan Description:
The site plan shows that the building and parking lot will remain. The parking lot will be
used for parking for the restaurant and display spaces for the car dealership.
Zoning and Land Use History And Trends:
The properties across Michigan Street were rezoned with the adoption of the MU Mixed
Use District in 2004.
Traffic and Transportation Considerations:
The site is adajcent to an alley on the north and west. Michigan Street is two lanes,with on-
street parking and a center turn lane.
Utilities:
The site is served by municipal water and sewer.
Agency Comments:
The Department of Community Investment offers an unfavorable recommendation of the
rezoning. This section of Michigan Street should feature fairly walkable land uses
APC # 2865-18 Page 1 of 4
Staff Report 5/4/2018
compatible with an urban neighborhood. The proposed zoning is inconsistant and more
intense than all of the neighboring properties. Development standards of the proposed
zone, including sign regulations, could lead to disjointed development. Should the
Commission or Council approve the rezoning and variances, DCI recommends the
following to mitigate any negative impacts: 1) Offer a written commitment to limit the
number of vehicles to 27 as shown on the site plan; 2) In lieu of providing foundation
landscaping, add 1-2 replacement trees in the public tree lawn; 3) In lieu of providing full
parking lot screening,provide landscaped areas with 3' hedges at the northeast corner of
building and the northeast corner of the lot; 4) Install landscaped island to separate the
restaurant spaces from the display spaces along the north property line; and 5)Bring the
fence into compliance which is a maximum 4' in height and no barbed wire.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
The proposed rezoning is inconsitent with City Plan, South Bend Comprehensive Plan
2006) Policy UD 4: Improve the character of the community's entryways and corridors
and Policy LU 2.3: Ensure coordination of land uses among ajacent area-specific plans.
Land Use Plan:
The Future Land Use Plan identifies this area for mixed use development.
Plan Implementation/Other Plans:
The Southeast Neighborhood Master Plan (2015) calls for commercial uses to be located
along major corridors. Strategy 1 states: Create pedestrian-friendly streetscapes along
community corridors.
2. Current Conditions and Character:
Michigan Street has been a major commercial corridor for the neighborhoods south of
downtown, with a mix of commercial and residential uses.
3. Most Desirable Use:
The most desirable use for this site would be low intensity commercial developments that
serve the needs of the surrounding neighborhood.
4. Conservation of Property Values:
The approval of this rezoning for a car dealership would not conserve the value of the
surrounding properties.
5. Responsible Development And Growth:
Is is not responsible development and growth to approve this rezoning. The proposed zone
has development standards and uses that are out of character for this neighborhood.
Combined Public Hearing
This is a combined public hearing procedure,which includes a rezoning, a Special Exception
Use, and 4 variances from the development standards. The Commission will forward the
APC # 2865-18 Page 2 of 4
Staff Report 5/4/2018
rezoning and Special Exception Use to the Council with or without a recommendation and
either approve or deny the variances.
The petitioner is seeking a Special Use to allow:
automobile sales
A Special Exception may only be granted upon making a written determination based
upon the evidence presented at a public hearing, that:
1) The proposed use will not be injurious to the public health,safety,comfort,
community moral standards, convenience or general welfare;
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;
The use would negativley affect adjacent property values by creating an auto oriented use
in a district design for pedestrian friendly development.
3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
The approval of the Special Exception Use would be out of character of adjacent area.The
zoning if surrounding properties along and across Michigan Street permit uses that are
designed to be low intensity and provide for the needs of an urban neighborhood.
4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The proposed rezoning is inconsitant with City Plan, South Bend Comprehensive Plan
2006)Policy LTD 4: Improve the character of the community's entryways and corridors
and Policy ED 7.3: Support neighborhood-based economic opportunities as identified in
area-specific plans, specifically the Southeast Neighborhood Master Plan which
encourages creating pedestrian-friendly streetscapes along community corridors.
The petitioner is seeking the following variance(s):
1) from the required foundation landscaping to none
2) from the required parking lot screening to none
3) from the required interior off-street parking area landscaping to none;
4) from the maximum allowed 4' fence to 6'fence with barbed wire
State statutes and the Zoning Ordinance require that certain standards must be met
before a variance can be approved. The standards and their justifications are as follows:
1) The approval will not be injurious to the public health,safety,morals and general
welfare of the community;
The approval of the variances will not be injurious to the public health, safety,moral and
general welfare of the community.
2) The use and value of the area adjacent to the property included in the variance
APC 4 2865-18 Page 3 of 4
Staff Report 5/4/2018
will not be affected in a substantially adverse manner;
The value of adjacent properties would be negatively affected if approval of these
variances were granted, giving permission to develop a site with intense use and without
proper screening and buffering.
3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Strict application of the development standards for parking lot landscaping and fencing
would not impose any practical difficulties in the use of this property. Strict application of
the foundation landscaping would impose practical difficulties on the property owner.
Staff Comments:
The staff has no additional comments at this time.
Recommendation:
Based on information available prior to the public hearing,the staff recommends the
rezoning and Special Exception Use be sent to the Common Council with an unfavorable
recommendation. Staff recommends denial of the variances.
Analysis:
Rezoning this property to CB Community Business District could lead to development that
is out of character for this section of Michigan Street and create an environment that
opposes the community's vision outlined in the Comprehensive Plan.
APC 4 2865-18 Page 4 of 4
i REZONING
INDI NA 2865'18 •
r
w"*
1
1 a
fir..
t
DUBAIL
r
N ,•
Portage Township W E
L1 inch-=T50, feEet ---
kj r
MU
Mu
GB—SF2
LI
I
GB
LI j LB-- -----
r SF2
j Mu
1
z
a
Q
MU
LI
1
LI LB DUBAIL
LB
SF2
MU
Rezoning from: CITY OF SOUTH BEND
LB: LOCAL BUSINESS DISTRICT to CB: COMMUNITY BUSINESS DISTRICT
MASTER ZONING KEY
N
SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT
W E
SOUTH BEND "MU" MIXED USE DISTRICT
s
SOUTH BEND "LB" LOCAL BUSINESS DISTRICT 1 inch = 100 feet
SOUTH BEND "GB" GENERAL BUSINESS DISTRICT APC # 2865-18
SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT
LAWRENCE P. MAGLIOZZI
F Xis 1-ll 1'1\'If 131 P.I'1011
Angela M. Smith
1)r PuIr Di,,c I.r
AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN
7 W. JEF FLRSOY BLVD., ROOM 1144) COUNTY-L'I I'Y BLII LDINU, SOL]J-H BE\D, INDIANA 46601 (S74) 134.9571
May 16, 2018
Honorable South Bend Common Council
4t" Floor, County-City Building
South Bend, IN 46601
RE: Bill #14-18
Rezoning: APC#2865-18— 1619 South Michigan Street
Dear Council Members:
The Area Plan Commission held a public hearing on May 15, 2018 for the above reference petition. This
petition is set for public hearing before the Common Council on Monday, May 29, 2018.
Ordinance & Petition Amendments:
The petition was updated to add a variance request for fence height and barbed wire.
Public Hearing Summary:
There was no one to speak in favor or against this petition.
If you have any further questions, please feel free to contact me at (574)235-9571.
Sincerely,
Jordan Wyatt
Zoning Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T J O S E P H C O U N T Y I N D I A N A.C O N/A R E A PLAN
IF VARIANCE(S)ARE BEING REQUESTED(if not please skip to next section):
1) A variance from the required foundation landscaping to no foundation landscaping;
A variance from the required parking lot screening to no parking lot screening;
A variance from the required interior parking lot landscaped islands to no interior parking lot
landscaped islands;and
A variance to allow the existing 6' chain link fence to remain in place.
2) A statement on how each of the following standards for the granting of variances is met:
a) The approval will not be injurious to the public health,safety,morals and general welfare of the
community:we will not be changing any property lines,building or the parking lot
b) The use and value ofhe area adjacent to the property included in the variance will not be affected in a
substantially adverse manner;and:The use of the said parcel will be an automobile sales and a carry out
restaurant that will use the existing building and parking lot.
c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: by not letting the property owners to benefit from the most applicable use of their property.
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not please skip to next section):
1) The Special Exception Use(s)being requested:to have an automobile sales on said parcel
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare: as there is no request being made of any purpose other than to use the
existing parking lot and building for a automobile sales and acarry out restaurant
b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: there will be no changes made to said parcel,the parking lot will exist as it is and the building
will be a carry out restaurant and small office spaces.
c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein;and:by allowing the existing building and parking lot to remain.
d) The proposed use is compatible with the recommendations of the Comprehensive Plan.No property lines
will be changed and there are no property line encroachments exist or are proposed.
In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Lang,Feeney&Associates, INC
715 South Michigan Street
South Bend,Indiana 46613
574-233-1841
Filed in Clerk's Office
BILL NO. 14-18 MAR 0 7 2018
ORDINANCE NO.
KgREEtvjhri FOWLER
CITY CLERK,SOUTH BEND, IN
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL
EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET,
COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from LB to CB for automobile sales and carry-out
restaurant.
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:
Part of the West half of the Southwest Quarter of Section 13, Township 37 North, Range 2 East,
St. Joseph County, Indiana being more particularly described as follows: Commencing at a point
on the West line of Michigan Street, 163 feet South of the North line of said West half of the
Southwest Quarter of Section 13 for the Point of beginning; Thence running West along the
South line of a 20 foot alley to the East line of a 14 foot alley, a distance of 165 feet; Thence
South, along the East line of said 14 foot alley, a distance of 132 feet; Thence East, parallel with
the South line of said 20 foot alley to the West line of said Michigan Street, a distance of 165
feet; Thence North, along the West line of said Michigan Street, a distance of 132 feet to the
Point of beginning
Containing 0.50 acres more or less, subject to all legal easements.
be and the same is hereby established as CB: Community Business District.
SECTION II. That a Special Exception Use for Automobile Sales in a CB: Community Business
District is hereby granted subject to a site development plan hereby attached and made a part of
this Ordinance and which site plan contains and lists all conditions, if any, of approval.
SECTION III. This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION IV. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and legal publication, and full execution of any
conditions or Commitments placed upon the approval.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City
of South Bend,Indiana on the day of 2018,at o'clock
m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2018, at o'clock
m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
PETITION FOR ZONE MAP AMENDMENT
City of South Bend,Indiana
I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at: 1619 South Michigan Street, South Bend,Indiana 46613
2) The property Tax Key Number(s)is/are: 018-8008-039101
3) Legal Descriptions:
Part of the West half of the Southwest Quarter of Section 13,Township 37 North,Range 2 East, St.Joseph
County,Indiana being more particularly described as follows: Commencing at a point on the West line of
Michigan Street, 163 feet South of the North line of said West half of the Southwest Quarter of Section 13
for the Point of beginning; Thence running West along the South line of a 20 foot alley to the East line of a
14 foot alley, a distance of 165 feet; Thence South, along the East line of said 14 foot alley,a distance of
132 feet; Thence East,parallel with the South line of said 20 foot alley to the West line of said Michigan
Street, a distance of 165 feet;Thence North, along the West line of said Michigan Street,a distance of 132
feet to the Point of beginning
Containing 0.50 acres more or less, subject to all legal easements.
4) Total Site Area: 0.50 acres
5) Name and address of property owner(s)of the petition site:
Filed in Clerk's Office
Delta One Properties,LLC
1619 South Michigan Street
South Bend, Indiana 46613 MAR 0 7 2018
Name and address of additional property owners,if applicable: KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
6) Name and address of contingent purchaser(s), if applicable:
Jay Amer&Amjad Ahmed
Michiana Auto Sales
1619 South Michigan Street
South Bend,Indiana 46613
574-326-46613
Name and address of additional property owners, if applicable:
FILED-
7) It is desired and requested that this property be rezoned: MAR 05 2018
From: LB Local Business District AREA PLAN
Application# 942S— I
To: CB Community Business District
8) This rezoning is requested to allow the following use(s): Automobile Sales And Carry-out Restaurant
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1) A variance from the required foundation landscaping to no foundation landscaping
A variance from the required parking lot screening to no parking lot screening
A variance from the required interior parking lot landscaped islands to no interior parking lot landscaped
islands
2) A statement on how each of the following standards for the granting of variances is met:
a) The approval will not be injurious to the public health,safety,morals and general welfare of the
community:we will not be changing any property lines,building or the parking lot
b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner;and:The use of the said parcel will be an automobile sales and a carry out
restaurant that will use the existing building and parking lot.
c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: by not letting the property owners to benefit from the most applicable use of their property.
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section):
1) The Special Exception Use(s)being requested:to have an automobile sales on said parcel
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare: as there is no request being made of any purpose other than to use the
existing parking lot and building for a automobile sales and a carry out restaurant
b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: there will be no changes made to said parcel,the parking lot will exist as it is and the building
will be a carry out restaurant and small office spaces.
c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein;and: by allowing the existing building and parking lot to remain.
d) The proposed use is compatible with the recommendations of the Comprehensive Plan.No property lines
will be changed and there are no property line encroachments exist or are proposed.
In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Lang, Feeney&Associates,INC Filed in Clerk's Office
715 South Michigan Street
South Bend,Indiana 46613
MAR 7 2018
FILED -
574-233-1841
KAREEMAH FOWLER MAR 0 5 2018
CITY CLERK SOl1TH BEND,IN AREA PLAN C KQIISSION
A lication#
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s)of all property owner(s),or signature of Attorney for all property owner(s):
r
Delta One Properties,LLC
Filed in Clerk's Office
MAR 07 2018
KAREEMAH FOWLER
CITY CLERK,SOUTH SENp_ IN
F 1IJE -
MAR 05 2018
AREA PLAN COW 6-1
Application#
a,
8 U U o
1g@
p
Z Z
Q w m
cn Q Z Z w IIwQ) O c
o C7 D S o
G W,C) c) Li V p W cn O LO I t a t
U) z a o mww z W CD
w Z N Y oZ
oz°(n OC) Lj =
Q w
C
O I F o
h0-
U a in a a aZ0 Z Sw cn
1{ -
C 0 swZQ1
W w n
w oNw
Cw-
C) ui—i V1 F-
w a
Ln z w oN I z QZ (nq cn A c
W w
c9 L i L J ° 4 w o cY II v 7
O (n S Z Q W J = Q N Q)
Z Q
cn F- L° J
r N a w
W D O 2 L {
J'
w
IyJ J Q
v
W C V) m a1 O 3
O Q u Ocnaw
r
W Owwm = -
QOM
Ltd O
n Z
wawa J Z z ¢II
Oz = F-- q
S 0 a
U F—. O Q I I z U 2 LL J ° w X ICJ Li O [I-C
G Q O
LL-1 (n C ° w
a z a . gy m p O O Z cn Q O •
C. _v)
0
Q = r , w w° N J • I z O Q Z > Q C% w CD C'
Q & zoo ¢ zzww w w ¢ a z V1
O = O z l wa v, °cna i Q ? LiOw LJ LLj L
p , L` Z Ywc oacnoa v ZGrs QF zz QLLJ\! 7 C z > aw Li n o C
F---I
F— w = a- V) Q a 0-GV In
Cl)
F- !Z
z = G Z
O J
W m
I__ O m U W U-)
Q =
F— O U) W w m
Q ~CD Z Q'-
LO
W z w LL
Cn
L
D 1,1 (J) = Q o O 3: O I
CD 40 G Li O V7
r7
IIwO — WwZ L'IZ L, N [
I- Cl- O
J o
cn r OOwr = OL-
IO
O t F- J = w
v LL C) C) wZ W
Li O
O Q z OHO Cn OF- O =
S F--
w
Cn w
r I- SC>
F--
W Z _ Gww ci
f-
N
m
Q O M G G
Q
z
w GL'i
W
Z w _J ~ F— W (n W Q
z O W N
G
W
Q W
7 t
I V
aV) CL ' wcn L =D Q C) - C.
Nm
wC q MOOS F- O
w
W ~
w
Om
oF OZzWWWqW
o Q LLJ M,LLJ 2:
C7 n w
LLJ
LCD
LLJWaQov~iu L oc) orz !
r"'
c
N sc"
eo J CO 1S'J rD
O
Y LL Mew
N CZ O Q cu
Q cn Q.9
1jj 15 N"v'u- HJIV Y w
Q a
V6 1 1 M.00,00.00sl IIV9
O-U C,
Q w i=
NAOV813S 9NIANVd ,St I N
NDVB 9NIallAO MW ,N 1.6 3 o} a
w om a Olo m
w
Ln
101° wI V)
N ww 0,91QC/) Imo` 4 °;
i d
IJ CD
W V)
CD x
as
co Cn
C l I a
V> Loo W I Q cO
n
I O z I LLI 1 o I U) z
o a 1 a W ~
Z VV
J
I v Q mOdc' m I
Q I w d Q I I Q U U i w Q
C) tr (n a
vi
LIa. i Q U U G
00 Q l
o O
DoLLJ
L
J Z
C-) / I o Ia m LO
I X( I a I n LO I d
w olo o cv o
N N
Z J U7 00 I( w I CO W
cn
FT 4
Y v I Of I
1 S J
Ln I oEl-
I Q a I 1
z
w
I I U
N ft w i
vai3s aav bv3a ,o l
CliOC)'
n z r7 0
V 33NIJ ANI1 NINHJ ,9 aQ Z 3„Dg,06.00N
11dHdSb 1]dHdSd
d
S O S 0
js
O
0>
ok
J, J
sOUTgB Filed in Clerk's Office
o pi'd
JUN d 4 2018
M X1$66 KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
Eric Horvath, Director
May 24, 2018
Common Council
227 West Jefferson Blvd.
Suite 400 S
South Bend, Indiana 46601
RE: Request for Amendment of Local Standard Regulations in the South Bend Municipal Code
Dear Common Council Members:
Per the City of South Bend Wastewater Treatment Plant's (City)NPDES Permit No. IN0024520, the City is
required by the federal Environmental Protection Agency (EPA) to conduct a technical re-evaluation of its
Local Standards for use of the public sewers no less than every five-year permit cycle.The City has completed
the re-evaluation, and thus requests to amend Chapter 17, Article 2, Division 3, Section 17-8 (f) of the South
Bend Municipal Code to include a Monthly Maximum Allowable Industrial Load (MAIL) requirement,
distinct from the existing Daily MAIL.
The City's recommended modification of the Municipal Code is compliant with federal law and has been
tentatively approved by the EPA. In accordance with an EPA letter dated May 15,2018, prior to submittal for
formal EPA approval,the City must formally adopt the proposed revision to Section 17-8(f)of the South Bend
Municipal Code. We are submitting this amended Section of the South Bend Municipal Code for your
approval, so to comply with EPA's requirement.
If you should have any questions,please don't hesitate to contact me at 574-235-9251 or by email at
ehorvathksouthbendin.gov
Sincerely,
Eric Horvath
Executive Director
Department of Public Works
227 West Jefferson Blvd. Suite 1300 N
South Bend, Indiana 46601
BILL NO. 23-18
Filed in Clerk's Office
J,
o s r,r
s•
UNITED STATES ENVIRONMENTAL PROTECTION AG CY
REGION 5
x3 77 WEST JACKSON BOULEVARD KAREEMAH FOWLER
yrQ<PRO
G\
O CHICAGO, IL 60604-3590 CITY CLERK,SOUTH BEND, IN
MAY ; 2ot8
REPLY TO THE ATTENTION OF:
WN-15J
Mr. Al Greek
Director of Utilities
City of South Bend
Division of Public Works
3113 Riverside Drive
South Bend,Indiana 46628
Re: Tentative Approval of Local Limits Modification for Pretreatment Program for the City of
South Bend Wastewater Treatment Plant, South Bend,Indiana,NPDES Permit No.
IN0024520
1
Dear Mr. Greek: 1
i
The U.S. Environmental Protection Agency(EPA)has reviewed the proposed Local Limits (LL)
modification submitted by the City of South Bend Wastewater Treatment Plant(City)on July 31,
2017, and subsequent supporting document in response to EPA's comments received on August
3, September 15 and November 14,2017. The proposed LL modification was public noticed on
March 30, 2018, in the South Bend Tribune; and there were no public comments received during
the comment period. In accordance with 40 CFR Section 403.A of the General Pretreatment
Regulations,I am pleased to inform you that based on our evaluation of the information
provided,the modifications are consistent with federal requirements and approvable.
Before EPA can formally approve of any modifications to the pretreatment program,the City
must first formally adopt changes to its Sewer Use Ordinance (SUO)and then the City must
submit the final and city-approved versions of the City's SUO request for EPA approval.
kdaysPleasesubmittheadoptedSUOandsupportingdocumentswithinfromthedateofthis
letter. Thank you for your continued commitment to protect our nation's water resource. If you
have any questions,please contact David Soong at(3 12) 886-0136 or at soong.david Lepa.gov.
1
Sincerely,
Kevin M:Pierard,Chief. "r -
NPDES Programs Branch
Ii
cc: Natalie Maupin,IDEM, electronically
Lauran Trapp, City of South Bend., electronically
1
Recycled/Recyclable 0 Printed with Vegetable Oil Based Inks on 100%Recycled Paper(100%Post Consumer)
Filed in Clerk's Office
BILL NO. 23-18 JUN 0 4 2018
ORDINANCE NO.
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17,
ARTICLE 2,DIVISION 3, SECTION 17-8 (f) TO REVISE LOCAL PRETREATMENT
STANDARDS FOR THE CITY'S NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT
STATEMENT OF PURPOSE AND INTENT
In order for the City of South Bend to discharge pollutants into the St. Joseph River as one
of the "waters of the United States," the federal Clean Water Act of 1972 requires the City to
possess a National Pollutant Discharge Elimination System(NPDES)Permit. As one condition of
the City's maintenance of its NPDES Permit, the City is required by the federal Environmental
Protection Agency (EPA) not less than every five years to review and update its Local Standards
for general use of the public sewers and pretreatment of waste. These regulations are codified at
Chapter 17, Article 2, Division 3, Section 17-8 of the South Bend Municipal Code.
The City through its Division of Environmental Services has performed the requisite
review and wishes to revise Section 17-8 (f) to add a Monthly Maximum Allowable Industrial
Load (MAIL)requirement, distinguished from a Daily MAIL. The City's recommended revision
of the Municipal Code is in compliance with federal law and is expected to be approved by the
EPA.
It is in the best interest of the City that this ordinance be adopted.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. Chapter 17, Article 2, Division 3, Section 17-8(f) of the South Bend
Municipal Code shall be amended to read in its entirety as follows:
Sec. 17-8—General purpose; prohibited discharges; discharge standards.
f) Local Standards.
1) The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c)
to protect the objectives specified in Sec. 17-8(a).
2) The following pollutant limits are established to protect against Pass Through
and Interference. No Significant Industrial User shall discharge wastewater in excess
of the following daily maximum discharge limitations: [0.00019) mg/L total
mercury.
3) The Director may, at the Director's sole discretion, implement local limits
through allocation of the Daily Maximum Allowable Industrial Load (MAIL) and the
Monthly MAIL to Significant Industrial Users. The Daily MAIL is the total daily
loading of a pollutant available to be allocated to all Significant Industrial Users. The
Monthly MAIL is the total loading of a pollutant available to be allocated to all
Significant Industrial Users as a monthly average. The monthly age is calculated
as the sum of the concentrations of all daily discharges measured during a calendar
month divided by the number of daily discharges measured that month. Daily MAILs
and Monthly MAILs for the following pollutants are hereby incorporated by
reference:
Arsenic
c Cadmium
c Chromium
Copper
c Cyanide
1 Lead
n Nickel
s Silver
z Zinc
4)
Significant Industrial Users (SIU) who have not been given an allocation for one of
the pollutants listed above shall notify the City of South Bend at least 90 days in
advance of a change in the characteristics of their wastewater that would increase the
expected concentration of that pollutant in their wastewater discharge. In addition,
the City may determine at any time that an SIU wastewater discharge requires a
limitation for a pollutant, regardless of the concentration levels listed below, and may
then develop a limit based on the MAIL. In any case, SIU discharge that is found to
contain in excess of the following concentrations will be reviewed for the need for a
limit. The Director may require more sensitive analysis when results are reported as
less than the following concentrations or less than greater concentrations:
Arsenic-0.2 mg/L
Cadmium-0.1 mg/L
Chromium-2.0 mg/L
Copper-0.3 mg/L
Lead-0.3 mg/L
Nickel-0.3 mg/L
Silver-0.2 mg/L
Zinc-0.3 mg/L
Cyanide-0.1 mg/L
SECTION IL This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval of the Mayor and any publication required by law.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2018, at
o'clock m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2018, at_o'clock
m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Direr
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 11+0 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA +6601 (57+) 235-9571
June 5, 2018
Honorable Common Council
filed in Clerk's Office
4th Floor, County-City Building
South Bend, IN 46601 JUN 05 2018
KAREEMAH FOWLER
RE: Text Amendment CITY CLERK,SOUTH BEND,IN
APC#2872-18
Dear Council Members:
Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached
Ordinance on the Council agenda for first reading at your June 11th, 2018 Council meeting, and set it for
public hearing at your June 25th, 2018 Council meeting. The petition is tentatively scheduled for public
hearing at the June 19th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan
Commission will be forwarded to your office by noon on the day following the public hearing.
If you have any questions, please feel free to contact our office.
Sincerely,
Ang la M. Smith
Deputy Director
CC: Bob Palmer
I
I
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T J O S E P H C O U N T Y I N D I A N A.C O M/A R E A P L A N
BILL NO. 24-18
Filed in Clerk's Office
BILL NO.24-18 JUN 05 2018
ORDINANCE NO. KAREEMAH FOWLER
CITY CLERK,SOUTH BE d, N
AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST.
JOSEPH COUNTY,INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL CODE, ARTICLE 2 RESIDENTIAL DISTRICTS,ARTICLE 3
COMMERCIAL/MIXED USE DISTRICTS,AND ARTICLE 7 GENERAL
REGULATIONSTO REVISE OFF-STREET PARKING REGULATIONS
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance
that went into effect on May 7, 2004. Experience in using the Ordinance's provisions for off-
street parking has shown that these regulations have led to the overbuilding of vehicle parking
lots while not promoting the use of active transportation modes. This ordinance revises
required parking count and parking design standards to reduce the amount of unnecessary off-
street parking and to encourage infill and reuse of existing properties.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Chapter 21, Zoning, of the South Bend Municipal Code,Article 2 Residential
Districts, Section 21-02.03 (b) Development Standards, is hereby amended as follows:
11) Parking—See Section 21-07.04—Off-Street Parking Regulations; provided,
1,..., ever- a projeet in the N4F hyt4iet may: elude a street parking 1.,e teA
inffnediately ,,Ea aee t to the „ et if sue .,,b:aeef+ on street parking;j
e by the Dee rttnefA of P4 he Wer-ks and the design of the on str t
u>n•
T is approved by the Depai tmen4 of Pub,lie Works if e street parking,.rk ng isrcrcccyurrvrasi
l rl
f the amount of
of
street , ski, ,.required by thin Or-d .,anee for-the
t shalll be deemed to be fedueo.d by the r tuber-of e strweet a 1>isrsYrr rss
ided: o.b;.,toly ., bjaee.,t to th a r. ..t
SECTION 11. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/
Mixed Use Districts, Section 21-03.01 (b)Development Standards, is hereby amended as
follows:
10) Parking—See Section 21-07.04—Off-Street Parking Regulations;
however-, en street arki, .}1.,e to.b : edi toly .,,b;aee t to the site may 110
pefmit4ed if the design and 1., nt;l. of the on street r, r1 n is approved b
y th e
Board of Public Works. on nt-eet airking in r-eyid]n the amount of 4vv
r1,
streetjq"ng requifed by this Ofdinanee shall be deemed to be r-edueed by th-e
number of. t-r et r , i spaees provided, e diatel< aid; „t to the site.
SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General
Regulations, Section 21-07.04 Off-Street Parking Regulations, is hereby deleted and replaced
with a new Section 21-07.04 as follows:
Section 21-07.04 Off-Street Parking Regulations.
Intent—These Off-Street Parking Regulations are intended to provide for the provision of off-
street parking areas which are adequate to support the needs of proposed uses and future uses
of a site while at the same time assuring that the design and construction of such off-street
parking areas meet minimum design standards necessary to promote efficient circulation and
prevent undue traffic congestion. These Regulations are also intended to support active
transportation modes.
a) General Regulations.
1) Applicability.
A) Parking for Buildings, Structures or Uses.
All new development, additions to buildings or structures, or
conversions of use for which an improvement location permit is
required by this Ordinance in any district except the MU District or
CBD District shall provide required off-street parking areas in
accordance with the regulations of this Section 21-07.04 and the
development standards of the applicable district of this Ordinance.
B) Exceptions to Off-Street Parking Regulations for any MU District or
CBD District.
Off-street parking areas shall not be required for any use located in any
MU District or CBD District. Any off-street parking areas which are
provided, even if not required, shall be developed in compliance with
the design and construction standards set forth in this Section 21-07.04.
2) Existing Parking Areas.
Existing off-street parking areas shall not be reduced below the minimum
requirement for such use as required by this Ordinance. Any off-street parking
areas existing prior to the effective date of this Ordinance which were already
below the standards established by this Ordinance shall not be further reduced.
3) Location of Parking Areas.
Off-street parking areas shall be located:
A) on the same lot as the building, structure or use served by the off-street
parking area;
B) within the same integrated center, business park, or industrial park as
the building, structure or use served by the off-street parking area; or
C) within five hundred (500) feet, of the building,structure or use served
by the off-street parking area,provided that such off-site location for
the off-street parking area is:
i.located within a district which permits the use for which the
off-street parking is provided; and,
ii. described by a written agreement, properly drawn and executed
by the parties concerned and approved as to form by the South
Bend City Attorney, assuring the availability of the off-street
parking area and filed with the Zoning Administrator as part of
the request for approval of an Improvement Location Permit.
D) In addition to the above location requirements,the location of off-street
parking areas in residential districts shall not be located in violation of
the provisions set forth in Section 21-02.11 (e).
b) Vehicle Parking.
1) Design and Construction of Off-Street Parking Areas.
The design and construction of all required off-street parking areas shall be in
compliance with the stricter of the regulations contained in this Section 21-
07.04 (b)(1) or the minimum specifications prescribed by the Board of Public
Works.
A) Design of Parking Areas.
i.The layout of all off-street parking areas shall be in compliance
with Table 21.07.04 A: Parking Lot Design. An alley adjacent
to the lot may be used to meet the requirement for drive aisle
width.
Table 21-07.04 A: Parking Lot Design
Drive Drive
Space Parking Curb
Aisle Aisle
Space Angle Width Row
Width
Width: Width:
Depth One- Two-
Way Way
Parallel (0°) 8' 8' 22' 12' 22'
450 8'-6" 18' 12'-9" 15' 24'
600 9' 19' 10'-5" 18' 24'
Perpendicular
9' 18' 9' 24' 24'
90°)
22'two way two way
24 24twoway one way&
24'
one way
12 8
one way
15 18
one way
18 19, two way 18'
I 9• I
I
8'-6-
I I I
I I I
I I I
I I I
I I I
I I I
I I I
PARALLEL(0°) ANGLED(45°) ANGLED(60°) PERPENDICULAR(90°)
ii. Except for individual single family dwellings or two family
dwellings, the landscaping of all off-street parking areas shall
comply with the regulations contained in Section 21-07.01.
iii. Except for individual single family dwellings or two family
dwellings, all off-street parking spaces shall be:
a.identified by painted lines (minimum four inches (4") in
width), raised curbs or other means to indicate
individual spaces; and,
b. provided with a raised curb, wheel stops or other devices
to ensure that motor vehicles do not encroach beyond
the off-street parking area or into a required yard.
B) Surface of Off-Street Parking Areas.
Off-street parking areas and any driveway, interior access driveway or
interior access drive to and from such off-street parking areas shall be
hard surfaced with asphalt, concrete, pervious pavement,pavers, or
other material to provide a durable, dust-free surface, which meets or
exceeds the minimum specifications prescribed by the Board of Public
Works, provided, however, a temporary or seasonal use permitted by
the district in which such temporary or seasonal use is located may use
an unimproved or gravel surface for the duration of the temporary or
seasonal use. If a temporary gravel surface is provided, such gravel
shall be removed and the off-street parking area shall be returned to its
prior condition immediately upon cessation of the temporary or
seasonal use.
2) Minimum Number of Off-Street Parking Spaces.
Off-street parking for all uses shall be provided in accordance with the
minimum requirements set forth in Table 21-07.04 B: Required Off-Street
Parking Table. When the computation of required off-street parking spaces
results in a fraction of one-half(1/2) or greater, the number of required
off-street parking spaces shall be rounded up to the next whole number.
Except for residential uses, any individual, non-related and separately operated
use shall provide no less than two (2)parking spaces.
Table 21-07.04 B: Required Off-Street Parking
Minimum Number of Parking
Spaces per One Thousand (1,000)
Square Feet of Gross Floor Area of
Use Buildings (except as noted)
Automobile Sales, Service, &
2
Related Uses
Commercial: Hotels, Motels, &0.75,plus 2 parking spaces at office
Other Sleeping Establishments or registration area
Commercial: Retail & Service 2
Commercial: Restaurants &Bars 8
Industrial 0.5
Industrial: Warehouse or
0.33
Distribution
Institutional: Schools 0.75
Institutional: Hospitals and Clinics 2.5
Office 3
Public Assembly, Civic, Religious,
4
and Recreational Facilities
Residential 1 per dwelling unit
Note: For any use not specified above, the minimum number of parking spaces
shall be determined by the Zoning Administrator and shall be based upon
requirements for similar uses, expected demand, and traffic generated by the
proposed use, and other information from appropriate traffic engineering and
planning criteria.
A) Units of Measurement.
Gross floor area shall be determined per the definition of gross floor
area in Section 21-11 —Definitions.
B) Credits to Provide Minimum Number of Off-Street Parking Spaces.
i.Legal, on-street parking spaces located immediately adjacent to
and on the same side of the street as the front lot line may be
counted toward off-street parking space requirements.
ii. The minimum number of off-street parking spaces may be
reduced by ten(10)percent if the lot is located within one
thousand (1,000) feet of a public transit line.
iii. The required number of off-street parking spaces may be
reduced by one (1) for every two (2)bicycle parking spaces
provided above those otherwise required by Section 21-07.04
c)(2), up to a maximum of ten(10)percent of the minimum off-
street parking space requirement.
C) Increase in Intensity of Use.
Additional off-street parking spaces shall be required whenever a
change of use, units, or size of a building,structure, or lot results in an
increase in the minimum number of required off-street parking spaces
of twenty-five (25)percent or more from the number of off-street
parking spaces existing on the effective date of this Ordinance, whether
such total increase occurs at one (1)time or in successive stages.
3) Required Parking for the Disabled.
Every off-street parking area and parking garage available to the public shall
have parking spaces reserved for the use of physically handicapped persons as
specified in Table 21-07.04 C: Minimum ADA Parking Spaces (as required by
ADA Accessibility Guidelines for Buildings and Facilities, Chapter 4.1.2
5 a ,published in the Federal Register, Volume 56,No. 144, dated July 26,
1991); provided, however, facilities which provide medical care and other
services to persons with mobility impairments shall provide ADA Parking
Spaces as follows:
A) Outpatient units and facilities— 10%of the total number of off-street
parking spaces provided; and,
B) Units and facilities that specialize in treatment services for persons with
mobility impairments—20% of the total number of off-street parking
spaces provided.
Table 21-07.04 C: Minimum ADA Parking Spaces
Minimum Number of Reserved
Total Parking Spaces Provided Spaces
1 - 25 1
26 - 50 2
51 - 75 3
76 - 100 4
101 - 150 5
151 -200 6
201 - 300 7
301 - 400 8
401 - 500 9
501 - 1000
Two percent(2%) of the total number
of off-street parking spaces.
Twenty (20),plus one (1)for each
1001 and over one hundred(100) off-street parking
spaces over one thousand(1000).
c) Bicycle Parking.
1) Design and Construction of Off-Street Bicycle Parking.
A) Bicycle parking shall be placed with one-hundred (100) feet of, and
clearly visible from,the main entrance to the use served.
B) All bicycle parking areas shall be hard surfaced with asphalt, concrete,
pervious pavement, pavers, or other material to provide a durable,
dust-free surface.
C) All bicycle racks shall be
i.securely anchored,
ii. able to support the bicycle frame in at least two places to
prevent the bicycle from falling over, and
iii. configured to allow the locking of the frame and at least one
wheel with a U-lock.
2) Minimum Number of Required Off-Street Bicycle Parking Spaces.
A) The number of bicycle parking spaces, not the number of bicycle
parking fixtures, is used to determine bicycle parking. For example, a
single bicycle rack that is designed for parking two bicycles is counted
as two bicycle parking spaces.
B) Any use that requires at least ten(10) vehicle parking spaces (per the
provisions of Section 21-07.04 (b)(2)) shall provide one (1) bicycle
parking space for every ten(10)required vehicle parking spaces or
fraction thereof. No more than sixteen(16) bicycle parking spaces
shall be required.
SECTION IV. This Ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2018,at
o'clock m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2018,at_o'clock
m
Pete Buttigieg, Mayor
City of South Bend, India
LAWRENCE P. MAGLIOZZI
F S I'('If T IV DIRF CT(IR
Angela Mr Smith
Uv p.I) IHivclnr
AREA PLAN COMMISSION C>F ST. JOSEPH COUNTY, IN
227 W. IEFFEItSON BLVD., ROODS 1140 COUNTY-C)I'Y Bl11LDING, SOUTH BFND, INDIANA 46601 (574)215-9571
Wednesday,June 20,2018
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: An ordinance initiated by the Area Plan Commission of St.Joseph County,Indiana,amending Chapter 21 of
the South Bend Municipal Code,Article 2 Residential Districts,Article 3 Commercial/Mixed Use Districts,
and Article 7 General Regulations to revise off-street parking regulations-APC#2872-18.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Initiated by the Area Plan Commission was legally
advertised on June 7, 2018 and that the Area Plan Commission at its public hearing on June 19,2018 took the
following action:
Upon a motion by John McNamara,being seconded by Robert Hawley and unanimously carried,a
proposed ordinance initiated by the Area Plan Commission of St.Joseph County,Indiana,amending
Chapter 21 of the South Bend Municipal Code,Article 2 Residential Districts, Article 3 Commercial/
Mixed Use Districts, and Article 7 General Regulations to revise off-street parking regulations, is sent
to the Common Council with a FAVORABLE recommendation.Updating the parking requirements to
reflect current best practices and more accurately align with parking demands will promote smart
development and strengthen the urban character of the City.
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,
P /_ 4--TS,
Lawrence P. Magliozzi
Attachment
SERVING ST. JOSEPH COUNTY, SOUTH BEND . LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND
W W W 5 I C I N D IAN A.C 0 M 13 0 6 1 a r e a P I..
Staff Report 6/12/2018
APC # 2872-18
Owner: Initiated by the Area Plan Commission
Location: Off-Street Parking Regulations
Jurisdiction: City of South Bend
Public Hearing Date: 6/19/2018
Requested Action:
The petitioner is requesting a zoning ordinance amendment to update parking standards
within the City of South Bend.
Staff Comments:
Since the adoption of the Ordinance in 2004,the parking requirements have proven to be
overly burdensome on development in an urban setting. The proposed amendment
simplifies the parking table for minimum parking requirements, adjusts requirements to
better align with best practices and current demand, recognizes on-street parking, and
promotes transportation alternatives such as transit and bicycle transportation. The
proposed changes include:
Eliminating redundant language in existing districts that currently have allowances for
on-street parking;
Simplifies the process by which development can utilize nearby parking areas;
Simplifies parking design standards per current best practices;
Clarifies that decorative and storm water sensitive materials satisfy hard surface
requirements;
Promotes the re-use of existing properties by increasing change of use allowance from
15%to 25%;
Simplifies the parking requirements by standardizing most requirements to a gross floor
area requirement;
Removes reduction of combined parking area;
Clarifies ADA parking provisions;
Updates bicycle parking requirements to better reflect current best practices;
Simplifies the minimum parking table to more accurately reflect current trends and
demands;
Allows on-street parking and other alternatives such as reductions for proximity to bus
routes and substitution of bicycle parking
Recommendation:
Based on information available prior to the public hearing, the staff recommends the Zoning
Ordinance Amendment be sent to the Common Council with a favorable recommendation.
Analysis:
Updating the parking requirements to reflect current best practices and more accurately
align with parking demands will promote smart development and strengthen the urban
character of the City.
APC # 2872-18 Page 1 of 1
C Y C
3
N e 2
a)
N a) .N
O U N _N Si C Y@
C C @ N L
CjN3NTY7
a0-
I o m . O OooLO@N 'C @ L NJ'O a)V m e ' pc > 'y O c @ NN is
@ . @
C
@ a) N Y U) Cp E H 3 p 0
O C O C @ C
N
m m N U N N N N
Un)
O N 'O Y d @ N N N C C .. Uj N C
c a) a) o U ° n mNN@C
N
Y 'C C ' E@,N ° C N
S E $ E rn m n c 3 N o m
O N O N N n .a) O O =p d D
E E @ a N a
J a) a•7 a) U '@O N N O. L 7 n a) p U
O) 7 a) 7N fa @ O C 7 C . . N c
n 0 O
cm crn u, pU @Em ()y C C y C CU X a
N @ O Z' C L N
to ` ca ° m @ N a) fa U ° N
m @ N N Q 7d@Ca@CO)N cn @p u:33 o
a ._Y C N E@ N
a) ° @ a)
p" @ C@ O U N N C
3 7 T C N 2 a)
m m Y n@ n E
fn 'p3p ui 'p3p 0 o c C a c Q E c d o
C N N C N N c- n U @ @ C C O 3 N @ 3 "O C n
O O N N'U .
L..
uj N N@
C C Q (a 01 N O N a)
Co
cn
m o d@ o nm CL ' E a > a`) o n-0 E E . E
N ° EN3E .EF E 5 @ @o Ea@ioa °mi c po
Q o 2Q o 2 o u) Ea U)5a 2ULL w tna Na 2 o
ap7
m
N N 01 U) O Y S
O co 4 ° C
N m YLOjOa.01 4?
m N
aN
a j5 • Y 3C Y
L
N
c .2
a) a) > 2 O 7 U V V Y 7 Q 'O D.
a)
Q
ac)
Co ° a c y w > E 3 d
E E N C m N p @ m ° tO > E o0
O N @ N o O °
on)
O O o N U N C @ N N >
m M /1
3@
@ O m n
@ >N L 7 3 N 70 O
N °O U N N
@
N'
C-
O •E « U
m d
O O
NCD
NOF-NN N a N U E 8 L
sG -s d O@ C Q N@ n,c m 3. OC
@ O m N N Y N U O)@ ID0YN
C@
p
C 7
O
N
C tC
o
N
E y°dOOnN >
m . C
7
o c
N LLOOnN
C o
C @YNOOO
CD
75 @ NOO
CO N N 01pEnnnEna) C C
@a) @ 0 E 8 .L E Oti6
EyrOa
U O aC'2 2,jN
U
n
C
oo@
m om n C".2
L ,
o ui ma awwO- 0
UO)
mQ ° @ u
C f0 Y
N
N
ip
2N
t=
O
m °
C
y
N N O
N @ N o paO )
p N.2 O. N NCLO
iN
A=
3 0
O
m
O
c
0
@
3 y
V
C
N
5
Y
L N
C C N
n
NaONyN
O/ MU
0)Ew ° E @ rn ncl.
E "5 m NONL O
m f nmod@n
c
nao)
15 m
c -p 0) n N 0
3 a) M N O a O w 3
72
O,
n E $
m
N
08go° E3 v a
Q ui @n-0 o X o a %o
N_
01 O)@ @'C @
Z5
O
LQ
O'
O
C
N
@°CCCa
7 co L N o
@ O) N N n N @ O
EEE6a8m CL
nn @
o @
CN
c):
n0oECmCEEOnmNL
E
a
9 9 @ Smcu
Q O @@ n O
C . NYO"O O
C
U
C EO) co> C m a) N
15
M
DI
NOL O-L co
O o
O d OaOa) U O
Q n O of @ W N d Q N W o
C
Q
N
@8Qa
C 1) tt Cl) E
9 N O Y 7
LL m 25 N D 0 @ E
N
O d N O C "'@ C_
C C C O
d
@ L @ oQ4ECl) E E 2 m
m
7 Y Y Y N
d) 7 U Y N U) > N
cc
d a d o_ m C a) O Y a U O d n
m
m
ri
Q @ o m -p o oY °m Um)c ao N d 2
N°C)
D Y 3 a) v Ecc
p 2 a) m 7@d
c C C a) 7@ m
Oo O Q o L Ir vwo m of Uz0-
X (2 > Q W
rOa) v v a) m a) C m O
O
p) E d O O O O O O O O O O N
N M P- r` t- h r- r r- r` a)
C o N O O O O O O O O O O
O N @ @
N Q J N lN N N IN IN IN IN IN IN F lz
N C O U
m
N m O L O O m
7 m .
p co
CU 0
m °2 m Q N L h N 2
N y0 0 N o
h
N L h 7 O
Q7
m O 01
O d
h
O U U L N p y
Y
O Q ° O
N
9OLNp Q
0 h m
f
0
0p
L
N y Oi NNy •U w N ca o
N 7 U in N
m O) O N m '
E E
O
OOCOLmCQhN
co 0
4 N j 0. O y Q G O O U y 0 N
N 0 O_m :5 N t O
m
V QN N p0 QdL V1
h p o
O`
7C Nm , m
In
M= c
N O C N C N N 2O2 y 1Y u1 p
O 0. U O N - EO N E _O m Q y co Vl
N -0 = N _0 000 - O 7 O N m 0 N v dCaLN
Z N O. C C U h 0Nwm7p > T N N 7 tlj.F h
Y N
N C C O. E p c
N a N O)t
N 01
N O 7 N
7 7 N Y > f0 0 N £ O O) m N Q L..
t
OV_N
N F
N a U N t p o >
oj
w
Of
N
f0 V L 0 p C U
Cl.
v
p
m N N Q 0. Q. n (gyp o
Q'
0 .N. 7 'C
n
j o
N
OI U U 'C O g m E, N 8 U N
Q m
N
m m m d C
Q
co m
Q
m C 0 h N "
C
h 0 h N 1LC ' O h h h L C j «O 'O h E
oo m QO
Do
Q) a) ' E
0c° ' `ma"' 6a iErn c
m o m o N v o m m m a`> ct c c pl o p m
a o v Q'"
p `— o )Z > as n n o N _L a n z
2 N C m '00 v
co N O E h 7 0 v N
c o >
N !
@06 0 cE a) C'
u°'it
Oa>i
x m a c m h (0 m 3 `mCL
c Emo
o
rn ami
Y
w N7NU
L
7
N D p-
IUNOONUONO)
O 0) Z5 -0
0 0. C N N OO O
E N j O
N 0 E@ dN
N > N N = O 7 m
N - L 0 C U N
O O c C m
0 )N N
2 N o 3 N N N O
Q ci
cm
co 1 x° a N
a m
n m
a
L W U Q
Q 07h
oc 0)
h C mo m
N O1 nN N
N ° C
H N v 0
w N
y N 7
a N
n Q o
0 o a
D
Fo tmo
N
O
m N
7O p L_
N O
Ga
06CCO 6
Y 0 W 47
f0 N V
N
Z ca o
m o
U) c; E
x 'C v
ap+
NU. O. N N O
0 -0 ° U)
pY m m mW
mu, o m r
O
m
CO
E
0
7
E o E
m
N -i LLQ Ulp
N
Cc
o
ctl L C wEn0D
7 y U L Co
nmn'' 01 N ....> a) p N 7 7 TL O .L- t O ..+ -2 N
Q C m 0) N c c lL0 "O a >L Q I N O N m N c N
a E7 m m d ccOa mN '
oaNi ^ a) °O m ' cLr
U m 0)
y ° O O m °
7
um)
C c a) m O
LL 0 U -
p
m (0 Np O .
0 f0 O_ Q
m ( C N y O O Q
U 7 m m,N U 000
0 0 7 U -C N O
Q
m O N
p .o N O a C (U) N rn O O
m 5 c o
y 0 c O,` N N N .L. m LL N a)z::,c)
O
O'7 N C N « U .O O
C c N c U O o°
m '
C w N
N
m
0)
C
m
m
C
m
3 L7
c
a .
0
Q r
m
a)
p—'
m(
7C
o coCo Eym LQVO
O N
C
O O
O cn C O 0 N (D mvN
coIII)
C
c°
N
Og-
0
i''
m
y
N
CL
m
O
z0 Nm `0
a) 0
o CL
C5 °
m mo L Y a °
m
7
E Q
7 U
m Q a m o
a
m mm L oNc
N m R
c oE Yod c
0
o a
7
0 E
r
m o
m >
m s o
m m
ai oo o
0) co aQ v c c ° >
Eo y9N Qo0 >
ilT
E u) C ° m p0CyFLma
a N ` N o '
y
Q 7 °
E coOpp
N Y NUO
0
m C
o
9N C
N L 0 m O j m m a) L - >L
O
C d cm
m O . N Q
m O c8O
O c
0
Om oE ° m N >
C
m
Q Q N N v 4) m
on-
I
Q
m
m
N
O
N
O
O
l
O
O m
N
O
SC fO
aa0
77 )
U
N
N V y 'o N c
m
w O m :E 0 0 (6 w Q 7 "0
LL
H
N
c
o
L ` N NaNm w .`
14
mDNnc
C a 7 - C aNm0m
o Q m)
tm 0) rm O ° LL inNNNNN m
m
i Y c voo o °
72ca C, (n N a a`
a a cQN
a a U m o 6 C
cl.
ct,
G)L ^
a
L
o o 0 7 O N 0 7 O m
m
O Q m O 'T O O L-
7
m
L
O
O
N d
a) O
d a 0 o 2 C
an
Q a)
a>
o v
0
No
a) N j
O
O c
O00nE0 'at:: ii U- n Y N
o
mul
rn d
o m p c
in o£ E m
Lp LL > N
2 _0 o 3 c
m QYY
O
C
0 c C O E N L EE
U.E m Im 7 E a)
N L
ZI y o E U
a
7 m N N >>m L N
cu
co m o o ui o m mC '= !' a)L6 N N Q
Q L V .0 .0 L 0 LL N 0 N
C)N co
m (
n m o ) N 5 0
m c o)v N 3 v
c ° m m e
p m -C C C Lp m
D =
1 a) m a)
m U E ii m O = J d Q U
v
N
N (p
L m
a) OcOO
a)
uN)
aQ
ayi a'
U Oca
y N
m
mQ
7
y
N p
OO
U
Z
m
N
LY
m
U
m
E
E
0
U
cn N
N 0 N m a N Z`
ama''
0) E 3 a — O m L C N y > N E > y c
C y y m a L p O E N U O a) 0f n N m O
E •Op N N O E O ° : O N N Q y y N N O m N
7 L E m co U N O -O co N t a y N LL N 40-2 N wUmya N n Q y
X '.' O Q N m
a -
O 0 N U Of N N c0a a)
0)
U
m y
co m
m N C tm O)Ol 7 y y a L O m Q L 7
E C p N G 0 O N 0 7 y Q y N Y O
h O N
cc
7 c N m m , o d m m ° rn 0 o y
C
N_ ° 0 n CL p p o .o m m ` U) Q
M a)
0
E m `m > Qw0 v a a C° o
O C y E 7 C 7 > Q 7 d Cr Or• m _c o N N c N v m
N N m y E -? E F o) N o
N
N .NO o N ami ° N N 70
um
m E y N C 'c ° C O O N C0 7 .T N OO C N 7 n
0 m n 7
w a E Z` o °
N
o o N
N N E a c y
N o m L
c E E m m
7 ma o
U m C6 ik 0 _7 o n N
o ° o N n 7 n C) a a)
m c E m n 0 -0 ° c c N : h n y c
ayN
N 7m c ayai com u-2 Cam ao' acNi
U m p c N .w ° 'yr p ° 0 c a4 a g aOCZONO7i6Opp
C a) U L 'C.y N m y 7
E ' N T N 0 a> > rn a E ° m ° m Q `0 0 L a ahia) 0 (
aD
Ny o 7 wY0)
N C E :3 E >O- -6 G U
m t °U
a) N p p n c C N N O Y N E
L E O O N N ; •O 0 O C Q
U O E 0) E N O 0 a) O L.. U m v X 7 L O L N = Q 7 h
Z ° Lmo o N N mn co m w0Z Zc U 211 Z L o,
E N •NO c N "O .
LN..
E N N C °3 N c N <° > N > N N > = > b G
N O N C O O N ° > a) m C N N N O „L,,, C 7 0 U N L 7 N N N
m $ `
L c C
a) a) o .cNCOD o C m o- a) a) a) a!) °
N m0 Qcc
CL m n C n d p n n
m m ] n p C m a C a E n ui
aye
n N n n
N a) N m `n N m N N N '> N N L.. O) N j .E p, U'-'Op cyi m 8 2 U cmi
7
cyi cyioU3U7UUUoUUUammUmammandmmcmnmymmmommmm
ti m y C c Q N m a cQ N n 0 n N N n 7 n N n— Q vi n Q
p O N h h
N
h w .0 C h
N
h h b y h h L0)«+ O) N Y o y L» O) O)L O)a Y O)L "O c 0).— 01 O N 0) O, m
G m G C O N G C G p G G 'O C a) -- C 4 C C N C G >` G G N
mtY N ' N m e m4 m m ° 04 0
Co N m n m -- m m m 0 m m m C m e 'o m n m N m m `-' m m m m
Q C n 0 '
p
4'p y n n a''
p'
N = Q _ .O 4 O N p Q N Q n ° n
aE,
4 n C O
m G . y N co L 7 E O > —L N
m
m m• y o h
N 3 . N E N aNi hNp, n N E 'y 7 N 7 N • N N > N N N N m N > N Q N N N N N N N N N
C C 7 N c o ni c C C N y y C C d N O C O (33 > p c c c C > > c c c L C
Oo ` OcvC27O O ' O 0-0 > > 00ma) O ma= LL O .NO cl ON LL 0 O O
C
O O)
U) N TC
L
O r_ T j N O c N 01
0 N Nio c c N '
pJ
O N C
O
Z N O y C O
m
u)
O
2 p
n N 0j ° EN
7 f) N @
N c
NO
o m CD
O L 6 C C O N m
Nc cNLL
Q
C O
0 „ 0 N 3 N 0 a L N
ao
0 O
Q v L E mo o
nE
m c
N3 Y la r rcCL
rn
C
o
m m cNN
N I N
6 m
tN N ic f0
N
m N E m c o m m
N 0)O N j 2 NN
UNyNNOO U U O C N 7 N N N N 7 E
1 N 2 Q U U !A N (A 2 m 2 ZI D v.c > m 0
c
C
N c a cp d y mco)
7 m c N O y y y 0) p m
p 0 N O U ry O m
N Q Q.
O' h 0) n O) y N c opOy
0 N O y 0 m 0 0
U O) J G yNywHQ)y m n(yq
N y N U2 CQN QN N
U 0) m G_ m m U
m 0 C 7 L 7 7 O Q p
h N N m N 4)Op h N
ao ao o ca
CD
O c) O O N -
0
Y N
o c m ConQoz0ma °
c y w C a C Q C j m v NLIS
L p L U)
L N N N m L m N O
O O 7 m 7 m N 7 m N p O
Mu O m O m H m oc
0
N 7
N
m C
m N
ca 0
U
N Ccom
f0
j N N l9
y 7
CO8D
cnN EQmm U)2
fa m ca
2 m c c
N o 0
E
U
a° a c c 0
CD 0
o D o ami Z
am>
U) N o2m
c7i
m
O
m N oai
L
m CU -0 a c" c'
a°miE N a c o a Nnc)
ac)
E
a) Nc N
E7
n O m i U m U— m C 6
c o m m c m L Q) o8 m c D cmi Y m r,E
m y 0 C m ° y N N
o
y C a)
m N Y L 0 m n m %
N N n
m E
0 O N N T.0 y l L
c`6
CO a, a) m -0 m 7 t0
a c° n $ ° a) o rn. nc °
o
a
Y h e m 0 c a\
aa) . ami
Es
0 0 L o > m a o w c m o cs m ° F y °
L. — U N C f6 h O N 7 y [a O Y t O
O N
N C N O C 00 c0 w O > a L N
n
m O
2
C Q °'
C N N N O a C
O) N
N N
n N y c v
O 0
L () TCo
4? in
U > N m c _C wp _7 0) C) C O a)
a) CT N 7 7 N Y -° L U N ° N
n
m
p v N N Ul a) ° L .0 cm y N NNUNmNCppmNa)0 OfX N -c _ `p U c _n ppw N C _a N °7 O C a)L U m O U N a) n"O O C n N — 3
N O C7 v 0 Y C C N ° c m O N 7 ° C N N °
m N Nmcmo7 , 7 o)
7n . E m m Em cc
tn
CD Q.-D
a ui n m i a fO i
E N
m L i E N N n.3 3
Z N L°' s .' m ' $ a) Lo v nbocs No 0
7 — c
vi 7 ° aE - aE m CL > > mM Z
o oL7L ° 7 L
zLm
w
70) mE m '
aa))
E aEi n° m ccEo1 .
L a) c T.0 U c m S
L .x Z o >o L 'X Z L% N N N
C O N a)L Y -a U m m a) a) U m 0
O a) N a) a) '> Y N N O C-4) m
c o N > m 0) m mEO > > NmmE ° > > > > C (D 33 3
O Q> C m m a> a 'C n C a) a> M a) a) a a) a> a) a) O a) 0 p N a _0 C> a
a> ° Ca a) n a`>
c
m
a
a) a`) £ -° d a> v° a) w -2 m a`) a`> a Mw ` m m a) > a>
a mm n a` ym n a n yon Q_ n n a oE n" a)
a>
aiom m > Odcw ° mo m ci ° mo a) m a) mcLm0 om
0 0 oco 0nm8i 0 m 0nm ' i > 0 0 _ C 00.° a
m mNm m m ion m7 m m Nm7 m mm m m _ a) mca m
N N °.N t `'p
7
C y % N N C
N n -_0 C N h a) h y
v (
vp
a) y N 7 m N
O N Ol m N 7 , m m m m.o C C
OI U, E 0)0) E m a) A O O C m e
ia°iai-
0 m 'L` YNm ° wm im 1Yg Yn c ? a> f 0 ' Y
m m m ° N mcEm m n mcE m m m cu oCL CO (M Co
Q. n n n mwo no a n nom n nN n > na> ° O ncc
2 a Y
C N 7 j Z, a5 a)EN E,.5 N a) -
a;
E N N N'_00'00_ R. mN
c .L+ 7 c > N V O N c 'L" c o c ° c 3 c °'.L.. c ` c N c 0 c >= O O c ° C °
O N O LZ c n co O m 0 ° O y F N O m O O `
0
O m O O v n O F c°i N H
c
CNNOa)N L Na)
0 42
n N U 'E 0) N m m a) m
m N N C N N N n N
uj N m
Y N C C N N 7 (a C)CD
C m N L U °> C m O m C "O 7CmNovom ' NEN Ecx
m 7 m C N
C m N O m L T 4=
w @ c L E 8 LL E
7 ,C L C) 7 a) m LL
L a)L N m 7 7 N O I N L
0
LL c c o.E m Y ? ui E
um°
i N m F
N
C N C °v c c 3 m m o ui
E a c $ 7 m m m E m m mm7NT
O) m 0 m m L L Vl Y U I a N N N N` _
Q a) 9 C U N m O C f6 7 .LD U Y N m O E N a) a) a) N a)
N N E "O .0 O C C -0 U y 0 0 7 0 o
7 m 7 N O U N E c C
E a E N U 7 O Cu La 7 7 L O LO N N L ra (6 O N a) p a)
Q c Q Q C m %m U m LL C9 J O d O of L w F N CL CK L
ac
0 7
mmc
a) `o
0 a° 3
N
c o n
m
0
CL (DNN N
c m
CD
Y M 0
7
nN a
OO7O C
LL O
N
N
O
CC
U Na)
U
T(00
L LL
CD MN
O
fa
a N
7 N N
CL w
o4/
pUTH 8\ City of South Bend 574) 235-9321
Fax (574) 235-9173
U TDD 574 235-5567
rsACt Common Council
http://w v-,v.southbendin.gov
441 Counts-City-Building• 227 W. Jefferson Blvd
wC
South Bend, Indiana 46601
1865_.%
Tim Scott June 20, 2018 Filed in Clerk's Office
President
Oliver Davis JUN 20 2018
Vice-President South Bend Common Council
4th Floor, County-City Building KAREEMAH FOWLER
Gavin Ferlic South Bend, IN 46601 CITY CLERK,SOU_TH BEND, IN
Chairperson, Committee
of the Whole
Re:Substitute Bill No. 27-18 Regarding an Ordinance to Require Periodic Sexual
Tim Scott Harassment Awareness and Prevention Training for all City of South Bend
First District
Employees, all City of South Bend Elected Officials, and certain Appointed Officials
Regina Williams-Preston of the City of South Bend
Second District
Sharon L. McBride
Third District Dear Council Members:
Jo M. Broden I am attaching the proposed substitute Bill No. 27- 18, which amends the Municipal
Fourth District Code to require period sexual harassment awareness and prevention training for
all employees, elected officials of the City of South Bend and certain appointed
Jake Teshka
officials.The original Bill had first reading on June 11, 2018, and second and third
Fifth District
readings and public hearings are scheduled for June 25, 2018.
Oliver DavisOiv
District The substitute Bill addresses several questions raised subsequent to the filing of
the original Bill, including several issues raised by the City Administration through
Gavin Ferlic the City's legal department.The substitute Bill incorporates many of the issues
At Large raised in those discussions, and suggestions made by the City's legal department
John Voorde In summary,the revisions contained in the substitute Bill reflect the following:
At Large
Karen White
1. The substitute Bill removes the proposed Ordinance from the South Bend
At Large Human Rights Ordinance as originally proposed, and adds a new section to
Section 2, Article 8 of the Municipal Code dealing with City officers and
employees. Upon careful reflection, I believe that the proposed Ordinance
more appropriately fits with other Ordinances addressing the rights and
obligations of City Officers and employees.
2. Subsection (a) of the proposed Ordinance clarifies the definition of
employee" to include all regular full and part-time employees, and officials
appointed by the City of South Bend Administration or the South Bend
Common Council if those appointed officials receive separate compensation
BILL NO. 27-18
UTH City of South Bend 574) 235-9321
U Fax(574) 235-9173
aV Common Council TDD (574) 235-5567
PEACE
http://www.southbendin.gov
441 Counts--City-Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601
I865
from the City for the appointed positions. The appointed officials who are not separately
compensated by the City of their appointed positions are encouraged to attend non-
supervisory training sessions, but are not required to do so. The revised definition of
employee" excludes interns and seasonal, or temporary, personnel.
3. Subsection (c) clarifies the definition of"supervisory employee" as generally including
any full or part-time employee with authority to hire, fire, demote, promote, transfer, or
discipline an employee.
4. Subsection (f) addressing the topics to be covered in the training program is revised to
eliminate possible redundancies.
5. Subsection (g) has been revised to eliminate the requirement that the Department of
Human Resources shall annually report the names of any City employee who fail to
timely complete the training program.
6. Finally, subsection (i) changes the time requirement for training new employees from
sixty days to six months after the employment begins.
I request that this substitute Bill be accepted by the Committee for Personnel and Finance on June 25,
2018, and submitted for second and third readings and public hearing at the Council meeting later that
evening.
Thank you for consideration.
Sincerely Yours,
44-40-
Oliver Davis,Jr.
South Bend Common Council Member,
District 6
Filed in Clerk's Office
JUN 20 2018
SUBSTITUTE BILL NO. 27-18 KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA,AMENDING CHAPTER 2, ARTICLE 8 OF THE SOUTH
BEND MUNICIPAL CODE TO ADD A NEW SECTION 2-125.2 TO REQUIRE
PERIODIC SEXUAL HARRASSMENT AWARENESS AND PREVENTION
TRAINING FOR ALL CITY OF SOUTH BEND EMPLOYESS AND CERTAIN
APPOINTEES.
STATEMENT OF PURPOSE AND INTENT
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil
Rights Act of 1964, 42 U.S.0 2000e et seq. and the Indiana Civil Rights Law, Ind.Code 22-9-
1-2 et seq. Recent events across the nation have demonstrated that sexual harassment in the
workplace remains a significant problem with devastating effects on its victims. It is the
intention of the City of South Bend to require its employees and elected and appointed officials
to receive periodic training regarding sexual harassment awareness and prevention.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
Section 1. Chapter 2, Article 8, is amended to add new Section 2-2-125.2 to read as follows:
Sec. 2-125.2 Sexual Harassment Awareness and Prevention Training for City of South
Bend Elected and Appointed Officials and Employees
In order to promote a culture of respect, dignity, and equal employment opportunity in
the workplace, City of South Bend employees shall complete periodic sexual harassment
awareness and prevention training.
a) For the purposes of this section, "employee"refers to all regular full and part-time
City of South Bend employees, including all directors, supervisors, officials, and all
elected officials or officials appointed by the City of South Bend Administration or the
South Bend Common Council if those appointed officials receive separate
compensation from the City for the appointed positions. Appointed officials who are
not separately compensated by the City for an appointed position are encouraged to
attend the non-supervisory training sessions, but are not required to do so. "Employee"
under this section does not include seasonal or temporary personnel.
b) The Department of Human Resources shall prepare and implement a program to
provide, on a periodic basis, sexual harassment awareness and prevention training to
City employees as defined above.
c) Each supervisory employee is required to complete a minimum of two hours of
interactive sexual harassment awareness and prevention training every two calendar
years. "Supervisory employees" for purposes of this Section will be identified by
employee's Department and Human Resources, and generally includes any full or
part-time employee with authority to hire, fire, demote,promote,transfer, or discipline
an employee.
d) Each full or part-time non-supervisory employee is required to complete a minimum
of one hour of sexual harassment awareness and prevention training each calendar
year.
e) The training required by this section shall provide department heads, directors,
supervisors, officials, and all full and part-time employees with the knowledge and
skills needed to address instances of workplace harassment. This includes information
and practical guidance regarding the federal and state statutory provisions concerning
the prohibition against and the prevention and correction of sexual harassment in
employment. The training shall also include practical examples aimed at instructing
employees in the prevention of harassment, and shall be presented by trainers or
educators with knowledge and expertise in the prevention of harassment.
f) The sexual harassment awareness and prevention training shall, at a minimum, include
the following topics:
1) Definition of sexual harassment and examples of types of conduct that meet the
definition;
2) The manner in which an individual can report an allegation of sexual harassment,
including making a report to a supervisor, manager, or Human Resources;
3) The legal prohibition against retaliation against anyone who reports a sexual
harassment allegation;
4) Information regarding the consequences of sexual harassment as well as the
consequences for knowingly making a false report of sexual harassment;
5) Strategies to prevent sexual harassment in the workplace;
6)An explanation about the limited confidentiality of the complaint process;
7) Resources for victims of harassment;
8)The employer's obligation to conduct an effective workplace investigation of a
harassment complaint and to take appropriate remedial measures to correct harassing
behavior;
9)A supervisor's obligation to report any complaints of sexual harassment, of
which they are aware, to the appropriate person in an effort to resolve the claim
internally;
10) For supervisor training, what the supervisor should do if he or she is personally
accused of harassment.
g) The Department of Human Resources shall maintain a record of employee compliance
with the training requirements.
h) The training required by this section shall begin in calendar year 2019.
i) Beginning January 1, 2019, the training required by this section shall be completed by
any new employee within six months after the employment begins.
SECTION H. This Ordinance shall take effect on January 1, 2019 after passage by this Common
Council, approval by the Mayor, and any publication required by law.
PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this
day of 2018.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South
Bend, Indiana on the day of 2018, at o'clock_. m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2018, at_o'clock
m.
Pete Buttigieg,Mayor
City of South Bend, Indiana
s°uT" 8 City of South Bendpp 574)235-9321
Fax(574)235-9173
wPEACE Common Council TDD (574)235-5567
r I http://www.southbendin.gov
441 County-City Building• 227 W.Jefferson Blvd
1865
South Bend,Indiana 46601
Tim Scott June 6,2018 Filed in Clerk's Office
President
Oliver Davis JUN 0 6 2018
Vice-President
South Bend Common Council
4t''Floor, County-City Building KAREEMAH"}WLERGavinFerlicCITYCLERK,SOUTF1 BEND,LN
Chairperson,Committee South Bend,IN 46601
µof the
Whole Tim
Scott First District Re:An Ordinance of The Common Council of The City of South Bend,
Indiana,Amending Chapter 2, Article 9 of The South Bend Municipal Code to Add Section
2-Regina Williams-Preston 131.1 to Require Periodic Sexual Harassment Awareness and Prevention
Training Second District for all City of South Bend Employees, all City of South Bend Elected Officials,
and Sharon L.McBride all City of South Bend Appointed
Officials Third
District Jo M.Broden Dear Council
Members:Fourth
District I am filing the attached proposed amendment to the Human Rights Ordinance.
The Fifth
District David
Varner proposed amendment provides for mandatory, periodic sexualharassment
Fif awareness and prevention training for all employees, elected and appointed
officials Oliver Davis of the City of South Bend. The amendment adds Section 2-131-1 to Chapter
2,Sixth District Article 9 of the South Bend Municipal Code.A similar bill has already
been Gavin
Ferlic approved by the State of
Indiana.At Large I am filing this ordinance for first reading by the Common Council on June 11,
2018 John
Voorde with second and third readings in public hearing scheduled for June 25,
2018.At Large Thank you for your
consideration.Karen
White At
Large Sincerel
r .Oliver Davis,
Jr.South Bend Common Council Member,District
Filed in Clerk's Office
Bill No. 27-18 JUN 0 6 2018
KAREEMAH FOWLER
ORDINANCE NO. CITY CLERK,SOUTH BEND,IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA,AMENDING CHAPTER 2,ARTICLE 9 OF THE SOUTH
BEND MUNICIPAL CODE TO ADD SECTION 2-131.1 TO REQUIRE
PERIODIC SEXUAL HARASSMENT AWARENESS AND PREVENTION
TRAINING FOR ALL CITY OF SOUTH BEND EMPLOYEES,ALL CITY OF
SOUTH BEND ELECTED OFFICIALS, AND ALL CITY OF SOUTH BEND
APPOINTED OFFICIALS
STATEMENT OF PURPOSE AND INTENT
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil
Rights Act of 1964, 42 U.S.0 2000e et seq. and the Indiana Civil Rights Law, Ind.Code 22-9-
1-2 et seq. Recent events across the nation have demonstrated that sexual harassment in the
workplace remains a significant problem with devastating effects on its victims. It is the
intention of the City of South Bend to require each of its employees and elected and appointed
officials to receive periodic training regarding sexual harassment awareness and prevention to
assist the South Bend Human Rights Commission in fulfilling its powers and duties under Sec.
2-131 of the South Bend Municipal Code
NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
Section I. Chapter 2, Article 9, is amended to add Section 2-131.1 to read as follows:
Sec. 2-131.1 Sexual Harassment Awareness and Prevention Training for City of South
Bend Elected and Appointed Officials and Employees
In order to assist the South Bend Human Rights Commission in fulfilling its powers and
duties related to employment discrimination based on sex, each employee of the City of South
Bend shall complete periodic sexual harassment awareness and prevention training.
a) For the purposes of this section, "employee"refers to all City of South Bend
employees, including all directors, supervisors, officials, and interns,both paid and
unpaid and all elected or appointed officials.
b) The Department of Human Resources shall prepare and implement a policy to provide,
on a periodic basis, sexual harassment awareness and prevention training to all City
employees.
c) Each supervisory employee is required to complete a minimum of two hours of
interactive sexual harassment awareness and prevention training every two calendar
years;
d) Each non-supervisory employee is required to complete a minimum of one hour of
sexual harassment awareness and prevention training each calendar year.
e) The training required by this section shall provide department heads, directors,
supervisors, officials, and all employees the knowledge and skills needed to address
instances of workplace harassment. This includes information and practical guidance
regarding the Federal and State statutory provisions concerning the prohibition against
and the prevention and correction of sexual harassment and remedies available to
victims of sexual harassment in employment. The training shall also include practical
examples aimed at instructing employees in the prevention of harassment, and shall be
presented by trainers or educators with knowledge and expertise in the prevention of
harassment.
f) The sexual harassment awareness and prevention training shall, at a minimum, include
the following topics:
1) Definition of sexual harassment and examples of types of conduct that meet the
definition;
2) The manner in which an individual can report an allegation of sexual harassment,
including making a confidential report to a supervisor or someone with Human
Resources authority within the City and how to file a complaint with the South Bend
Human Rights Commission;
3) The legal prohibition against retaliation against anyone who reports a sexual
harassment allegation;
4) Information regarding the consequences of sexual harassment as well as the
consequences for knowingly making a false report of sexual harassment;
5) Remedies available for sexual harassment victims in civil actions and potential
employer or individual liabilities;
6) Strategies to prevent sexual harassment in the workplace;
7)An explanation about the limited confidentiality of the complaint process;
8)Resources for victims of harassment;
9) The employer's obligation to conduct an effective workplace investigation of a
harassment complaint and to take remedial measures to correct harassing behavior;
10)A supervisor's obligation to report any complaints of sexual harassment, of
which they are aware, to the appropriate person in an effort to resolve the claim
internally;
11) Information on how to prevent abusive conduct;
12) What the supervisor should do if he or she is personally accused of harassment;
g) The Department of Human Resources shall maintain a record of employee compliance
with the training requirements and shall annually report the names of any City
employee who fails to timely complete the sexual harassment awareness and
prevention training to the Common Council of the City of South Bend and to the
office of the Mayor.
h) The training required by this section shall begin in no calendar year 2019.
i) Beginning January 1, 2019, the training required by this section shall be completed by
any new employee within sixty days after the employment begins.
SECTION II. This Ordinance shall take effect upon passage by this Common Council, approval by the
Mayor, and any publication required by law.
PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this
day of 2018.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City
of South Bend, Indiana on the day of 2018, at o'clock
M.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2018, at o'clock
m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571
April 4, 2018
Honorable County Council Filed in Clerk's Office
4th Floor, County-City Building
South Bend, IN 46601
APR 0 4 2018
RE: 122 Milton Street—Special Exception Use KAREENiAHFOWLER
CITY CLERK,SOUTH BEND,IN
Dear Council Members:
Enclosed in an Ordinance for the proposed Special Exception Use at the above referenced location.Please
include the attached Resolution on the Council agenda for first reading at your April 9th, 2018 Council
meeting, and set it for public hearing at your April 23`d,2018 Council meeting. The petition is tentatively
scheduled for public hearing at the April 11th, 2018 Area Board of Zoning Appeals meeting. The
recommendation of the Area Board of Zoning Appeals will be forwarded to your office following the
public hearing.
If you have any questions,please feel free to contact our office.
Sincerely,
Angela M. Smith
Deputy Director
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T I O S E P H C O U N T Y I N D I A N A.C O M I A R E A P L A N
BILL NO. 18-15
BILL NO. 18-15
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND,INDIANA,APPROVING A PETITION OF
THE AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
122 MILTON STREET
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give
notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions
from the Board of Zoning Appeals for approval or disapproval; and
WHEREAS,the Common Council must take action within sixty(60) days after the
Board of Zoning Appeals makes its recommendation to the Council; and
WHEREAS,the Common Council is required to make a determination in writing on
such requests pursuant to Indiana Code Section 36-7-4-918.4; and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant
to applicable state law.
NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for property located at:
122 MILTON STREET
In order to permit insert a Two Family Dwelling.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Area Board of Zoning Appeals,
a copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
1. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area of
property values therein;
3. The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South
Bend Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable
conditions established by the Area Board of Zoning Appeals or Common Council, which are
on file in the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
Tim Scott, Council President
South Bend Common Council
7tAPR 's Office
2010
NOT APPR OA6 I(AREEMAH FOWLER
CITY CLERK,SOUTH REND,IN
CITY OF SOUTH BEND
PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE
PROPERTY INFORMATION:
The property Tax Key Number(s)is/are: 018-7034-1333
The property address:MAR fl 6 ZU 1
122 Milton St,South Bend,IN 46613
If the application only includes a portion of the property listed above,provide the Legal Description for the petition
area and the total site area: n/a
VARIANCE INFORMATION:
List each variance being requested. The variance request must specifically list the requirement and the desired
request(e.g.from the required[enter requirement]to[enter request going to])Additional examples can be found on
our website.Please comet the Staff ifyou need assistance.
1)1 Variance consisting ofminimu n 4 required offstreet parking spaces to 1
2)A statement on how each of the following standards for the granting of variances is met:
a) The approval will not be injurious to the public health,safety,morals and general welfare of the
community: The property contains a one car garage along with a driveway far an extra vehicle. There is
also two undelveloped lots directly across the street.
b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner;and: [After the rehab ofthe existing structure into a well kept property,the
property value will go up for this home and others in the area.
c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: This Property will not cause a parking problem on the street due empty lots across the street
and ample distance between houses. Parking is consistently available on this street.
SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please
skip to next section):
1) The Special Exception Use(s)being requested: I would like to convert the house back into a two family
dwelling.
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare: This property will beautify and thus improve the community with a well
maintained house replacing the current dilapidated property
b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: The current structure is dilapidated. The rehab will increase property values on the street.
c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein;and: There is a variety of housing types in the area and this was previously a
duplex. The[louse has two kitche 1 have extensive rehab experience in the neighborhood so the property
will be up the area standards
d) The proposed use is compatible with the recommendations of the City of Sot th B(F4 GeJThq ftj*S Office
Plan. The city would like to rehab the many dilapidated houses in this neighi orhoo I
APR 0 4 2018
KAREEMAH P)WLER
CITY CLERK,SOUTH BEND IN
PETITIONER INFORMATION:
Name and address of property owner(s)of the petition site:
Brian Honvitz/BH Investments
2269 Chestnut St#280 MAR 0 6 2018
San Francisco, CA 94123
949-910-8691 I°
ticketshop @gmail.com
Name and address of additional property owners,if applicable:
Name and address of petitioner(s),if different than the petitioner):
Name and address of additional property owners,if applicable:
CONTACT PERSON:
Cindy 11endrick
1921 SLafayetle St
South Bend,IN 46613
949-910-8691
ticketshop @Gmail.com
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY
COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION.
Signature(s)of all property owner(s):
Filed in Clerk's Office
APR 04 2018
KAREENIAH wC3WLER
CITY CLERK,SOUTH BEND,IN
1t a
r µ
rl
a
i `fir°- .-
tj"
r r.
It r
r
d a
a tr.
yy..
If`• ^ _ __ _ _. i.p` _ 'i 1'b'.'rl ry'•`til
l7efy
Q
F Y?'+,
1 r e',;
j^i air
q
ITOfinf f#23 1y ..: r•,,• I R,- +f. ',1 '}.'/'t Il;a«
t.i J ii-*•its.i'
r-r `.•
i•. f J r. i--
gyp. t j ! a -
r
1 f` r _ ••
T
7
KO fK
4
j
11
Mf
1
AREA BOARD OF ZONING APPEALS
1140 County-City Building
227 W.Jefferson Boulevard
South Bend,IN 46601
www.sjcindiana.com
Phone-574-235-9571 -Fax-574-235-9813
Thursday, April 12, 2018
Common Council
227 W.Jefferson Boulevard
South Bend,IN 46601
RE: The petition of BH INVESTMENTS LLC seeking a Special Use for a two family dwelling in the
SF2 Single Family&Two Family District for property located at 122 MILTON ST,City of South
Bend
Dear Council Members:
I hereby Certify that the above referenced ordinance of BH INVESTMENTS LLC was legally
advertised on March 29, 2018 and that the Area Board of Zoning Appeals at its public hearing on April
11, 2018 took the following action:
Upon a motion by Michael Urbanski,being seconded by Kathy Schuth and unanimously carried,a
petition by BH INVESTMENTS LLC seeking a Special Use for a two family dwelling for property
located at 122 MILTON ST,City of South Bend, was sent to the Council with no recommendation,
and will issue written Findings of Fact.
The deliberations of the Area Board of Zoning Appeals 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,
Lawrence P.Magliozzi,Executive Director
Attachment
CC: BH INVESTMENTS LLC
Cindy Hendrick
LAWRENCE P. MAGLIOZZI
F X[UTI VF. UI RF.CT OR
Angela M. Smith
Drputy 1)i rr,t or
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. II,FFI,RSON BLVD., ROOM 11+0 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA +66111 (i 7 4 1 23i-9071
The following comments are being made concerning items to be heard at the Area Board of Zoning Appeals
meeting on APRIL 11, 2018.
Special Exception/Special Use
A special exception use/special use may only be granted upon making a written determination and adopting
appropriate Findings of Fact, based upon the evidence presented at a public hearing, that:
1)The proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare;
2) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein;
3) The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein;
4) The proposed use is compatible with the recommendations of the Comprehensive Plan
Petition of BH Investments LLC
Based on information available prior to the public hearing, the staff recommends the Special Exception Use
be sent to the Common Council with a favorable recommendation.
1) The proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare.
The proposed use is residential. I should not be injurious to the public health, safety, or general
welfare of the community.
2) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein.
Because of the residential nature of the proposed two-family dwelling, it would not affect the use or
value of the adjacent property values.
3) The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein.
The proposed two-family dwelling is consistent with the character of the area and the SF2 Single
Family&Two Family District. This area is in a medium density residential area with close proximity
to a major commercial corridor.
4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
The proposed use is consistent with the City Plan, South Bend Comprehensive Plan (November
2006): Objective Hl: Ensure that an adequate supply of housing is available to meet the needs,
preference, and financial capability of households now and in the future.
SERVING ST. JOSEPH COUNTY, SOUTH SEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T I O S E P H CO U N T T IN D$A N A-C O H I A N E A P L A N
Filed in Clerk's Office
AREA BOARD OF ZONING APPEALS
1140 County-City Building JUN 0 ILI 2018
227 W.Jefferson Boulevard
South Bend,IN 46601
www.sjcindiana.com KAREEMAH FOWLER
Phone-574-235-9571-Fax-574-235-9813 CITY CLERK, SOUTH BEND,IN
Thursday, May 10,2018
Common Council
227 W.Jefferson Boulevard
South Bend,IN 46601
RE: The petition of MARY COYNE INVESTMENTS,LLC c/o MIKE COYNE seeking a Special Use
fora commercial parking lot in the MU Mixed Use District(South Bend)for property located at
117 S WILLIAM ST,City of South Bend
Dear Council Members:
I hereby Certify that the above referenced ordinance of MARY COYNE INVESTMENTS,LLC c/o
MIKE COYNE was legally advertised on April 26, 2018 and that the Area Board of Zoning Appeals at
its public hearing on May 9,2018 took the following action:
Upon a motion by Kathy Schuth, being seconded by John Leszczynski and unanimously carried, a
petition by MARY COYNE INVESTMENTS,LLC c/o MIKE COYNE seeking a Special Use for a
commercial parking lot for property located at 117 S WILLIAM ST,City of South Bend, was sent
to the Council with a favorable recommendation,and will issue written Findings of Fact.
The deliberations of the Area Board of Zoning Appeals 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.
Since ,
k
rely
P
Lawrence P. Magliozzi,Executive Director
Attachment
CC: MARY COYNE INVESTMENTS,LLC c/o MIKE COYNE
BILL NO. 18-23
Filed in Clerk's Office
JUN 04 2018
BILL NO. 18-23
KAREEMAH FOWLER
RESOLUTION NO. CITY CLERK,SOUTH BEND, IN
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 117 S WILLIAM STREET
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give
notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions
from the Board of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the
Board of Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on
such requests pursuant to Indiana Code Section 36-7-4-918.4; and
WHEREAS, the Area Board of Zoning Appeals has made a recommendation,pursuant
to applicable state law.
NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for property located at:
117 S WILLIAM STREET
In order to permit insert a COMMERCIAL PARKING LOT
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Area Board of Zoning Appeals,
a copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
1. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area of
property values therein;
3. The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South
Bend Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable
conditions established by the Area Board of Zoning Appeals which are on file in the office of
the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
Tim Scott, Council President
South Bend Common Council
LAWRENCE P. MAGLIOZZI
EXECUTIVE: UIREC'TOR
Angela M. Smith
1)c1iuty 1)i rcc t.,r
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 %V. J1:FFLRSOX BLVU., ROO-1 11+0 COUNT)-CITY BUILDING, SOUi"H BENI), INDIANA 46601 (i741 214-9i71
Special Exception /Special Use
A special exception use/special use may only be granted upon making a written determination and
adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that:
1) The proposed use will not be injurious to the public health, safety,comfort, community moral
standards, convenience or general welfare;
2) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein;
3) The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein;
4) The proposed use is compatible with the recommendations of the Comprehensive Plan
15. Petition of Mary Coyne Investments,LLC
Based on information available prior to the public hearing, the staff recommends the Special Exception
Use be sent to the Common Council with a favorable recommendation.The staff recommends the
variance for parking area screening be denied.
1) The proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare.
The proposed use is located in a mixed-use area with other parking facilities nearby, therefore The
use should not affect the public health, safety, or general welfare of the community.
2) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein.
Because the use has been in existence for several years and is in a mixed-use area near the central
business district, the proposed parking lot should not adversely affect the use or value of the adjacent
properties.
3) The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein.
The proposed use is consistent with the character of the area with other parking facilities nearby.
4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
The City Plan, South Bend Comprehensive Plan (November 2006)makes no specific reference to this
use or area.
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.5 T I 0 S E P H C O U NT Y1 ND I A N A.C O M/AREA P L A N
Sled r, ,.:jerk's Office
PETITION FOR VARIANCE and/or SPECIAL EX USE, 4 2018
PROPERTY INFORMATION: KAREEMAH FOWLER
CITY CLERI+S91Tk1 IND,
The property Tax Key Number(s)Ware: 018-3010-0325, 0327, and 0328
T'he property address: 1111201181120i$
117 S Williams Street
c
South Bend, Indiana 46601
If the application only includes a portion of the property listed above,provide the Legal Descript'ofor tie t itmon
area and the total site area: Lots 5, 6 and 7 of Block Two in Vails Subdivision as shown&Plat Book],Page 30
VARIANCE INFORMATION:
1) A special exception use to allow for a commercial parking lot;
a varaince from the required 12'front yard setbackfor parking to zero;
a varaince from the required parking lot landscape screening to none;
a varaince from the required 4 interior off-street parking area landscape islands to none
a variance from the required 24'parking lot manuvering aisle to 22';
a variance from the required 20'parking space depth to 16':and
a variance from the required wheel stops for individual spaces to none.
2)A statement on how each of the following standards for the granting of variances is met:
a) The approval will not be injurious to the public health,safety,morals and general welfare of the
community:
b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner,and:
c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property:
SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please
skip to next section):
1) The Special Exception Use(s)being requested: To allow for the existing parking lot to continue in existance.
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare: This parking lot has been f n7ctioningfor over 10 years, there no
changes to existing physical features.
b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: This parking lot shall not deduct from the use and value of adjacent properties, as it currently
serve the adjacent properties
c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein;and: The site shall contiue to serve the adjacent properties os a parking lot.
d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. The parking lot has been exislance for over 10 years,
In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
PETITIONER INFORMATION:
Name and address of property owner(s)of the petition site:
Awry Coyne Investments.LLC c%Mtke Coyne
1428 Hamilton Avenue
Cleveland, OH 44114
116.857-0262
AI CLPA cuao cons
Name and address of additional property owners,if applicable:via,
Nam and address of peb ioner(s),if differmu than the petitioner):
riles
Name and address of addirinnal property owners, if applicable:
CONTACT PERSON:
Fang.Feeney&Assomues.Inc.
715 S Michigan Street
South Bend Irufiam 46601
574-233-1841
Ter;v, ,magFeemy.com
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE.
DESCRIBED REAL ESTATE AUTHORISE THAT THE CONTACT PERSON MISTED ABOVE MAY
RE1PRESENT'Y1HiIS PETEDON BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY
COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS'THEREON.
Signature(s)of aD property mmer(s):
I
I I I
I I
14' ALLEY
115.5'
PAVED ALLEY
I 12 SPACES 6 SPACES
aU
J z
1g.5'----22'-----1H'
CC
n LQ in
m 00
Cn
t
1 16 SPACES 16 SPACES
2 '
I..................................
I
I
w
5099
4 SPACES
t
I
EXE OF EX. ASPH
GRASS115.5'
I
i I
8
I I
1 I
Z t_____—— — — — — —— ——
0U
CC)
LL m LEUND
JEFFERSON BOULEVARD 82.5'R/W
j
Y UnLI Y POLE
N
Up i -- ,J
lie
Lq
Lang, Feeney &Associates, Inc.
AREA BOARD OF ZONING APPEALS Land Surveyors, Construction Engineers & Soil Scientists
U SITE PLAN 715 South Michigan Street
FOR South Bend, Indiana 46601
MARY CQYNE INVESTMENTS, LLC. Phone 574-233-1841 Fax 574-674-0374
Re Name j0nrm By Sock
Coyne BZA.dwg I JMS 1" = 30'
Date Rev. Date DroMing No.
4-10-18
AREA B OARD OF ZONING APPEALS
t=iled in Clerk's Office
1140 County-City Building J U N 'J ,! 2 018
227 W.Jefferson Boulevard
I'J
South Bend,IN 46601
www.sjcindiana.com KAREEMAH FOWLER
Phone-574-235-9571 -Fax-574-235.9813 CITY CLERK, SOUTH BEND,IN
Thursday, May 10, 2018
Common Council
227 W,Jefferson Boulevard
South Bend, IN 46601
RE: The petition of BH INVESTMENTS LLC seeking a Special Use for a two family dwelling in the
SF2 Single Family&Two Family District (South Bend)for property located at 112 E INDIANA
AVE, City of South Bend
Dear Council Members:
I hereby Certify that the above referenced ordinance of BH INVESTMENTS LLC was legally
advertised on April 26, 2018 and that the Area Board of Zoning Appeals at its public hearing on May 9,
2018 took the following action:
Upon a motion by Kathy Schuth, being seconded by Michael Urbanski and unanimously carried, a
petition by BH INVESTMENTS LLC seeking a Special Use for a two family dwelling for property
located at 112 E INDIANA AVE,City of South Bend,was sent to the Council with a favorable
recommendation,and will issue written Findings of Fact.
The deliberations of the Area Board of Zoning Appeals 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,
n
Lawrence P.Magi iozzi,Executive Director
Attachment
CC: BH INVESTMENTS LLC
Cindy Hendrick
BILL NO. 18-24
Filed in Clerk's Office
JUN 0 4 2018
BILL NO. 18-24
RESOLUTION NO.
ptAREEP AAH FOWLER
GM CLERK,SOUTH REND,IN
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 112 E INDIANA AVENUE
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give
notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions
from the Board of Zoning Appeals for approval or disapproval; and
WHEREAS,the Common Council must take action within sixty(60) days after the
Board of Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on
such requests pursuant to Indiana Code Section 36-7-4-918.4; and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant
to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for property located at:
112 E INDIANA AVENUE
In order to permit insert a TWO FAMILY DWELLING
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Area Board of Zoning Appeals,
a copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
1. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area of
property values therein;
3. The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South
Bend Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable
conditions established by the Area Board of Zoning Appeals which are on file in the office of
the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
Tim Scott, Council President
South Bend Common Council
LAWRENCE P. MAGLIOZZI
G Xf:CUTIV E: DIRECTOR
Angela M. Smith
D'Puty Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
Z 2 7 \C. JL•FFLRS0N BLVD ROC)>1 Ilia COUNT I'-CITY B U I L1)1 N(;, SOUTH BE\D, IN1)1ANA 46601 (i74) 23i-9i 71
Special Exception /Special Use
A special exception use/special use may only be granted upon making a written determination and
adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that:
1)The proposed use will not be injurious to the public health, safety,comfort, community moral
standards, convenience or general welfare;
2) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein;
3) The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein;
4) The proposed use is compatible with the recommendations of the Comprehensive Plan
14. Petition of BH Investments LLC
Based on information available prior to the public hearing, the staff recommends the Special Exception
Use be sent to the Common Council with a favorable recommendation.
1) The proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare.
The proposed use is residential. I should not be injurious to the public health, safety,or general
welfare of the community.
2) The proposed use will not injure or adversely affect the use of the adjacent area or property valves
therein.
Because of the residential nature of the proposed two-family dwelling, it would not affect the use or
value of the adjacent property values.
3) The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein.
The proposed two-family dwelling is consistent with the character of the area and the SF2 Single
Family &Two Family District. This area is in a medium density residential area with close proximity
to a major commercial corridor.
4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
The proposed use is consistent with the City Plan,South Bend Comprehensive Plan(November 2006):
Objective H1: Ensure that an adequate supply of housing is available to meet the needs, preference,
and financial capability of households now and in the future.
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND
W W W.S T)O S E P H C O U N T Y I N D I A N A.C O M I A R E A P L A N
Filed in Clerk's Office
CITY OF SOUTH BEND JUN 0 4 2010
PETITION FOR VARIANCE and/or SPECIAL EXCE ON ILSE
PROPERTY INFORMATION: EE
c
OWV-R'-'-
CITY i-Ek;S t,tri`BEND,I
The property Tax Key Nurnber(s)is/are: 018-7031-)118801
APR 12 2018
The property address:
112 E htdiana Ave
South Bend IN 466113
if the application only includes a.portion of the property listed above,provide the Legal Description for the petition
area and the total site area:
VARIANCE INFORMATION:
List each variance being requested. The variance request must specifically list the requirement and the desired
request(e.g. From the required(enter requirement]to[enter request going to])Additional examples can be fornrd on
our tvebsite. Please conact the Staff if you need assistance.
1) From the required 4 spaces to I
2) A statement on how each of the following standards for the granting of variances is met:
a) The approval will not be injurious to the public health, safety,morals and general welfare of the
community: There is ample parking on the street at this location.
b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner;and: Tire use will increase property value of this property as well as others
in the area..
c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
properly: 1 have extensive experience in the neighborhood so character svill
remain
SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please
skip to next section):
1) The Special Exception Use(s)being requested : Two I'antily DKWIling
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
a) The proposed rise will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare: The property will beautify and thus improve the community with a ivell
maintained(rouse replacing the current dilcrpiclated properly
b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: The use will increase property values. The current adjacent properties are MU
c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein;and: The character will rentain tuchanged.
d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. The city mould like(rouses in this neighborhood rehabed.
In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition,
PETITIONER INFORMATION:
Name and address of property owner(s)of the petition site:
BHInvestments
2269 Chestnut St#280
San Francisco, CA 94123
949-910-8691
brian@overtheiiioonsf.com
Name and address of additional property owners,if applicable:
Name and address of petitioner(s),if different than the petitioner):
Name
Address
City,State Zip Code
Phone number with Area Code
E-Mail Address
Name and address of additional property owners,if applicable:
CONTACT PERSON:
Cindy Hendrick
1921 SLafayette St
South Bend,IN 46613
574-267-37632
cindyhendrick @gmail.com
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY
COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION.
Signatare(s)o property owne
AM .I
r
1•. is a i'i• -. oFjlr'r' e•:•:+r.,.:i'Y::F,'.zji .i" 3.,_:_:-;..-:"::•.'•'`
a:
r { ;
t
s
J '{' r.
i1J-_
i .'
r ,r i` r3` `°t'J2. •
tKi f' t.'ar,rir /4 TF 1;• asp fi. t'3It
i9N[
1 r y;s jy i
flr > .r- i sr
Sa s ti ',mss
Ft Ayt r+xy' N i4tN4
Wl
r: ``•r ••s Y>•`rho. n
jw
i• ,;''',•'i<('` f r•f i S.r.•
rL ;`
i -
r , .~
3
SS`
s-
J•
t:•9
rr}
fV:. :Ij y Y'
1'•rjrl tj'rr j:.'' :
T°
r.:,YL:t:<;?°': ,.-p
L '«-.'
rR.R:iiS"'ffF .
T• >
rig"e4
SStt-t4:U1•$t0 S,}`,>,,Wi `r Y}f tir,!
1
WA
Latt tsotL '
55
J 1 oil
i v 1j
1,ALI
00
co
0
T Q M. ,
AM
ca
F, O
b
3
CZ
CA
CIO CJ
oo
a
W QCX
x
Q ON N hl vj O t
Noc
ON C IC,, r.
O
y o
6l
u G
A Q. .ti v is v
O p era o v o o cka O ca
a L6 96 rA H H a Q a
I I
a
air
I 5; .4a a
a 1c
W
CD
I,-.
ice
i
lihiii'
U I I
I iiYvf I j
i• III
LM
C
u U 9 ZfiLU9•860
ZBSZt105-840 ,' i li r
i
ys
ErL A
J
L'P O
Ln
Y
619 Z tiLOS-840
HLSZfi109-810
co
2AAA
ZLSZ fLOS-86U --- --
Ozi
9Y
fit' E`i
46sz-rtos-e4o
LX
LgLOS-$40 SQLc y w
06SZ6105 8l0 rte ,",. r f ;'•;'lo
E,, o
O N
FA
Q
a
a
z
o a
z
a\
a
x
cu
ul E
z o l ws
V
N
o
n_
O
oc z
O
c
3
o
o
z>
z°
l a
oo o C-i
to rrNLnElll
c
c O
Ny E .
v U
O
C O C"
cz
0 3
L a y ^ a
s. A
0 45
w
a a o
y
a uan H H a a Q aj E
i
t t
k,
1
IF. ,I,.
f
1
r.sl.
vii
fit t
f
i
f
9..
k
t
t
a
a.I,f
X
I
bk
seatnp.ai r k
a
r Q
sF
116now
r
r '
1
d! cgaMlE; t
LOSZ8£-104L-840 ZW-L04L-840
U7.i ruz UZ
O.Z4_ib81 I.OLL-8ws 4 L -- t +
r
r' L08£-90H-810 0 J`:
It •
l
N I OZI 4
L 86L£ 118 L0 r-9O
jOZ60
L9081£ 4
i, .°:' ,}•'!,
i,
S08£90L1 8L0
UZ4l OZL
961£-9-NL-RO j.f r.
ti•" ,'' jt
08£•90 41-8 LO
i
0 1 N
a
W
wl Ii c
z
N
r;. •L Q
o z
3WU
C
x
O
Cn NO a i
C3
110) 00 IJ G
ON
LU
O °.°
W Z U Q o F o ••
to I 3 L
ono o
x W i o
O r GA N R:cn
O 0,
N 7
o`
4.
C c° p
C
E
yi y U
P
Qq
VJ J
o y L0
O a ca d
vy
0 k:; Cl O "v `u w
Q, a U " F F 1 d Q c
t
i:: fit.•.,.
j
i
wag
r
I
l ,/
1
r
b T i
I I'
l AM
I
W I L....
U
LL
CL
Q
co O
a
cz aJ
t co
m' ( Ln
ilk
f
Z ' lot ;
C3 a q u t r
I
41)
t .
F o
w 00
W
Q
a
a
z
p o
kf)
O
ca
o w u ENpZ
L] 00 Q c
CD
CA p
3
r. v O rn W c c
r
d
sviOr- N r,
Q o
C3 c
E
L v
y
C C
d C L CG H L G S
Q c ar A C'4 s
10 n
U cC
LW a v H H a s d 41 y
sG
f
h
TMI
y
c
E i
Aw
r a
O
a
t
t le
vim
t
iGw;wr.
pUTI-1 B
120ON COUNTY-CITY BUILDING p4' G PHONE 574/ 235-9822
227 W.JEFFERSON BLVD. FAX 574/ 235-9928
SOUTH BEND, INDIANA 46601-1830 j d
III K AU E
w
w
X
1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
June 18, 2018 Filed in Clerk's Office
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 41h Floor JUN 19 2018
South Bend, Indiana 46601
KAREEMAH FOWLER
RE: June 2018 Transfer Ordinance CITY CLERK,SOUTH BEND,IN
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request department
heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with
the adopted city budget and propose necessary adjustments periodically throughout the year. For 2018,
we plan to propose adjustments during four time periods—March, June, October and December.
I will present this bill to the Common Council at the appropriate committee and council meetings. It is
requested that this bill be filed for 1st reading on June 25, 2018 with 2nd reading, public hearing and
3rd reading scheduled for July 9, 2018.
Thank you for your attention to this request. If you should have any questions, please feel to contact me
at 574-235-9822.
Regards,
1"-w
Jennifer C. Hockenhull
City Controller
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
BILL NO. 28-18
Filed in Clerk's Office
BILL NO. 28-18 JUN 19 2016
ORDINANCE NO. KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE Olt V OF SOUTff-
BEND,INDIANA,FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS
WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2018
STATEMENT OF PURPOSE AND INTENT
Unforeseen conditions have developed since the adoption of the existing budgets
Ordinances #10499-17 and 10537-17 passed on October 23, 2017) which necessitate the
increase and reduction of appropriations within the various departments of the General
Fund and other funds of the City of South Bend during 2018.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. All accounts as set forth in the detailed attachment hereto which are
incorporated herein shall be adjusted by increase or reduction of appropriation in the
designated sums.
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.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the
City of South Bend,Indiana on the day of 2018,at
o'clock m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2018, at
o'clock
m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
EEEEEEEEEEEEEEEEEEEEEEEEEEEEEE EEEEEEEEEEEEEEEEEEEEE n'
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
D a a a II II II II D D D II D a a II II II II II II II II II II II II D D II a II II II II II D D D D D D D D D D a a II II D
C C C C C G G C G C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C
7 7 7 > > > > > > > > > > > > > > > J > > > J > > > > > > > > > > > > > > > > > > > > > >
LL LLLL LL.LL LL LL LL LL LL Il..LL LL LL.LL LLLL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LLLLLLLL LLLL LL LL LL LL LL
m m 4) 4) 4) m M m m 4) m m m m m 41 N m m m m m 41 41 m m m N E N m m m m m m m m m m m 41 m m m 41 m 4) m E
1Y•Z•L i••L''•E •'1'L L'L''E'L''''•E O •E'L•E'E'''E''•E LY LY LY'•'•E•L'L o
m m W W W R R R R . m m m m - W W R - W R W R - m m m m m R m m m m m W W W W W W W W W W R R m R
o aaaaan aaao aaaaaaaaaaaaao o a-a-a y aaaaaaaaaaaaaCLCLCE(L m
E E E E E E E E E E E E E E E E E E E E E E E E E E E E v E E E E E E E E E E E E E E E E E E E E v
0 0 o Q o Q g 0 0 0 0 o Q o p o Q Q Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
m m
W
D II II a a II a II II II II II II II D D D D D D D D a a a a a II a D D D a II II II II II II II II II II II II D D D a U
C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C
J > > > > > J > > > > > > > > > > > > > > > J > > > > > > > > > > > > > > > > > > > >
LLLL LLLLLLLL LL LL LL LL LL LL LL LLLLLL LL LL LL LL LLww w wwwww- LLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLL•.o--.
@ @ 0 E °L°E m m E m A u E W-L°EL°E 2-2 2 E @ L°E o aDi m E 0 E E-L°E E E E E E
mmmmmmmmmmmmmmmmmmmmmmmmmmmm m m m m m m m m m m m m m m mc m m m m m mccccccccccccccccccccccccccccccocccccccCccccccccccc d
4 m m m m m m m m m m m m m m m m m m m m m m m m m mmmm p m mmmm mm mm mmm m m mmmmmm p
m 0 O0 0 OOOOO000 0 0(7C7C7C7C7C7C7C7C70 C7C7(7C7C7 OOOO(7C7C7C7C7C7C7C7C7(7(7C7C7C70 O
0 0 o g o 0 o g g o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 on o o g g g o 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Y-
y U U U U U U U U U U U U cy3 U U U U U U U U U U U U U V U U m U U U U U U U U U U U U U U U U U U U U R
aaaaaaaasaaasaaaaaanaaaaaaalaao; aaaaaaaaaa aaa0.0 .0 0
m m m m m m m m m m m m m m
R
N
U
0
N
0
N
0
N
0
N
0
N
m
N
m m tl0
l N
0
4l N
o q0
l
40
1
m
U
o
fU
cm
q N
U
m
2
U
0
YU
0«
U
0
4
U
0!
0U
2.
0
0
2.
0
0
2 M
U
0
2
U
0 !
2
U
0
n
U
0
m w H 4
U
0,
oR_;., 7 N
N
l N
m
1
4m
l N
m
N
m
N
m
Nm . . . . . . . . . .
O
m pp pp O O O O
U
pp 0 0
0
0
0
0
0
0 0 0 0 0 0 O O O O O O O O O O O O pp pp O pp pp O O O O pp O a 0p 0 0 0 0
c m m m m m
0 0 0
m 0 0 m m m m m m m m m m m m 0
4W
3
7
3 C C C C C G C C C C C C C C C C C C C C C C C C C C C C C y C C C C C C C C C C C C C C C C C C C C mNpNRRRRRRRRRRRmRRWmWmmRmmmmmmmmmWRWRWWRRRWRRRRRmRWWW
Ol C C C C C C C C C C C C C C C C C C C C C C C C,C C C C C II C C C C C C C C C C C C C C C C C C C C•p
D W D
d m a C C C C C C C C C C C C C C C C C C C C C C C G C C C C C a C C C C C C C C C a
m o m 'E'm"m'm"E'm'm'm'0'E'w"w'w"w m'm.W w"W"w'R'W'f.m M M M.M.w .
0 C C C CCCCCCC
E . . 0•m.W.W.W•m•m•m•m•W•0•W•W•m•m•W•w
L E E E E E E E E E E E E E E E E E E E E E E E E E E E E E.6 E E E'E E E E E E E E E E E E E E E E E.6
W W m m m m m . . m m m m m N N m m m M M m N m m m m 41 41 m m CC m N N m m m m m m m m m m m m m m m 41 m LC
E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E "m'm"m•m•m'm A'm•m•m"m mmm'_m m'm m•m'aE > p > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o II m m m m W W m W W W W W W W W R 4 W W W
m 222 m a s a'a a a 0_a a a a a a a a a a a a am
C m O M w 01 O] Ol Ol
a m t N L C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C
c c. E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E'E a
JJEJ'
E'E'E'E'E' ' " ' ' 'E'E'E'E'E'E'E a
mmmmmmmmmm a7a7m 7mmE7E7mmmmmmS mm,a7a.7m,a 7,4 7 7mmmmm •,,c
C o m o C C C C C C C G C C C C C C C C C C C G C C C C C C C'A C C C C C n
5 o m m m m m m E m a m W@ w m m m m 0@ m y 0 ° ° 0 0 0 0 m 0 m 2 2 2 2 W N` R 0
MN o 0 0 o M m M m m 0 0 0 0 0 0 0 0 0 0 0 0 00 0 o'co 0 0 0 0 o m 1n m 10 N o r o 0 0 0 o rn'o 0 0 0 0 orn
m oomm 10moM mmm 010000,00000000goM 8-000M m10 v710 wo 00000c0000000co
w Y N O O m m -0 a M N 7 10 7 M 1o O O W M(O m 7 7 f O N h io O 1 o r m M 1 n r m N 0 0 N O M 10 O N V O O V
Ld d W)r 0)m 10 M(O Mt0 '-m rM10 O) O V r-V tDNM 7
m N 7 O r
3 FA M V
cW.0
r o Z
M i 0 Cl)N 7 m m W N V 0)N V O m N N M 710 10 O O O'- 7 CO OJ N V OI M O aT an O''-O O r
C d O O` N O O O O O N N N O O O N N O NOD)O N N NON N O O O r m 0 O O O O O N N N O N O N m O O O r m O
R Cb r d c- N N N M M M N N N N N N M(0(O Q>O>O)OI(O _ N M M M(O(D(O O)O)O M O
N D M M N N N N N N N N M M M M M M M M M M M M M M N N N N N M M M M M M M M
C C M M M M M M M M HIM M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M MVVTa
0 0 10 0 to 10 10 N to to to LL'l 10 to 10 10 to
o f t i I 1 7 7 V C V 7 7Yy l'v v'vi7
7vvvvv d avvvvvvva 1n 1n 1n 1O 1n
0
n'
T
nooOOOOOOOOOOOOOOOOOOOOOOOOO000000000000000000000¢
Z N N N N 7 7 7 777 7 7 7 V V V V V V V V V V V V V V V V V V V VV V V V V V V V V V 7 7 7 7 7 7 7 7 V 7
O - O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O o Oi O O O
m N
L j w O E E E E 0 0 0 0 0 0 0 0 0 0 E E 0 0 0 0 0 0 0 0 0 0 0 0 0 E E 0 0 O O O O O O O O O O O O O O O E O o O'O O O
7 m V 41 I - -------------.--.- .-
r r---
f0--
T
CO C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C Cy
O (•,
7 N
m W W W W N 401 N H H N y H H N H H N N h 401 N N N N N y y y y h N M N N N y rpil 40i 401 40i 40i 40i 40i 40i 40i rpn 40i 401 N N N N h
cm m m'o `m 000d0000 `m ooa`I a`I a`I a`I a`Idod000da`I a`I `m `m ma7 a 000a`I `m `m `m `m000dddo `v a`Id
47 .0 E:Z o 0 0 o D a a a a a a-O'O a II a II a II a a II D II D a a D D a a a a a II II a D a a a a a a a a a a a a a a s a D
C'C C C C C C C C C C C C C C C C C C C G C C C C C C C C C G C C C C C C C C C C C C C C C C C
c O U U U U ¢;¢Q Q Q Q Q¢¢Q Q¢Q Q¢¢¢¢¢¢¢¢¢¢¢¢¢I¢¢ ¢¢¢Q¢Q Q Q¢¢Q Q¢¢¢¢¢¢Q¢¢
U ' O.0-.
m'm m m m m m m m m m m m m m m m m m m m m m m 14 W m m W W m m m m m m m m m m m m m m m m m m Y m m
C C C C
Y Y Y,Y Y_Y s s s_s_Y_-s_Y_-Y Y Y Y Y Y s Y Y Y Y s Y Y Y Y Y Y Y Y s-Y Y Y
7< O C C C C
C C C C c C L L•Ci C'C L Z'C'C''c'c'c'c'c'C'.'C"C"C"C"C"C'C'c'C'C
m m m m m m m m m m m m m m m m m m m m m m m W W W W m m m m m m m m m m m m m m m m m m m m mmm W
3d
47
m m (Ca m m N y
c o m. E man a
n c > m
c.of m °
1
n`^ 3 a c>
c m m > a oa J a-' o w'c m c m m > n °' H e >
nW..
m Z Jo,m c 3 Q m > >f/7 ur o-n J P m U 3 Q mofmQoo0mmUmwno06dwOmc
c m n m w n c 46 0
C m E
co =
N¢ °
J
m ny E c E~ C NQ
pJ
01ol'S1nM a c E~ d
E y.
3W m pLm 0. , 0 n ° Q O ° =_ m a5 om ax1`4
R o c m LLl c c a c 0._ c m N
a s.5.
o m
e
K1 m LL s c 12 a c 'c
ur w_n_
c
c o .c Q 's_ m °mom a`7 o m n om z¢ s- mu7m o CY n Oo[Y
Z co O[
Y m m .c 0. m,L o aS m p•
o-. L m R U m 0 o6WQ'm a m ¢ p:• o
d c °6 m m m W wa 2 dUd V'-000F CY 1a ol W
of
cmi0
c W 1id2 dUd mU c
CY nw
y mU c
rn p m ° c A c m g m o N a m o a E o a J N g
O C Ic L E N N N N 4I N E\ E L
a° C L J J a J N N 41 N N N VI mJ E L J O L J J a J
0 u 00Oad• ==__=caN m a1 -Mwo- mmOv)Ow m - _ _ =wU ?ImulOmU0lnOw m
L ng a``m mg
m m m L m d d N N N N d N N n a a N N N O m
N N ¢ N N d d d d y m N N N N N N N Ql n y N N N d ymmUmamUUUU > J m d d m o o U U U U a
v p mmmmmmm m m L a U U.U >m m m m m m m CO
n n n-n n U -'c o m
m'Zm a7m mmmmmm J 7 0:o:o:naa'cg¢_O m Z Z m m m o 2 mmmmmmmm J o:anaZ Z Z m m m m Zcmc
c
N Vw5 a`I
m
Z
m
c
lc
c c c c c c c c c J J J m(m
d
c ) )
w o
m
o
cn N V7
Vm Vm Vm
Vo Vo)Vd Vd)m
O O 000 O mO0EH2
0
E > > > > > c ii ii
o 2 4 1
co
mo 0 0 0 0 0 0 nb a5 a5 o m E m m c` c n3M e6
m
m m o 0 o W 0E: na5 a5 CS-645 oS L -d
awQ-u) 0-a0-aaaaao0.0 00 U,H,HHH,,a[Y[Y000Ow aaanaaaQ-OOwCCMXMM0000w
6 am
m n Z m m m m m
o
d d m m 15 m d m d f m m m
all
m U U U U U U U U U U U U U U U U 010 01010 U U U U U U U U U j,>> >T T>>>> »»»»>>>
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
m,moo aaaaaaaaaaooaoaaaaaaadaaaao m mm m m
U U U U N N N N N 4) N 41 4) N N N N N 41 41 41 m N N N N 0
E E - - E E'E'E'E E._ - -'E'E'E'E'E 'E E'E m m
0 0 `o `0 0 0 0 0 0 0 `o o `o o` `o o o 0 0 0 0 o o oo `O o `o m m m m m m m m m m m m m m m m m m m m m
UUU M2222222 i 22222222 2 aaaaaaaaaaaaaaaaaaaaa
m
N
0 C
Q 4)
CLa mE E
c 2
0 D N
0 C D II a II II II II II II II II II D D D D D II a a a II II II II II II II II II II II D D a II a II II II II II II D D D D D D D D D a a II 0)
C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C 7
C LL > > > > > > > 3 > > J > > 7 7 7 - 7 - > 7 > > > > > > > > > > > J > > > > > > > > > > 7 > > 7 7 7 7 7 7 7 > >
0 LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL w LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL m
E Ammm R-L°L°-L°-L°-L°-L°L°L° @ L°L°m mmm m m -L° LL L°L°-L°-L°L°L°-L°-L° @ E
CO
mmm m m mmmmmmmmmmmmmmmmmmmmmmmmmmmm m m mmmmmmmmmmmmmmmmmmm m o
C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C N
O m m m m m mmmmmmmmmmmmmmmmmmmmmmmmmmmm m m mmmmmmmmmmmmmmmmmmm m
U C7C7CDCD C7 C7C7C7C7C7C7C7C7C7C7C7C7C7C7000OOOC7C7C7C7C7C7C7C7C7 OOOO(7C7C7C7C7UOC7C7C7(7C7C7OC7(7(7
a
CIE
U
E W
U
W y
7 .
N
a O W
a c W W N C
N d d
L
4W
C N'in
G O O O
L
O W
8oU zIWNOOC
tt`
Lij
W E
N
W
W O O CIO J m
7
R c
pcp pcp pcp oQ
a)c W
E 3 w cam/
E
h !S
U U V U U U ( W
W tll N N •N W
U¢ x O
mmmmm ;
o rn rq CO a)co E W m o o
j
s°
o O N 2 0 U
E-S S E
oNNNNN
co =
W c c c c C g
M
S
j W
MY
LNW
apcpX
W
i,,aciaciccX „,
W
W N N W ' Wy Wy d y y C C V C O W W qay
CC2!2 0aaywJ
X
a Of C W N N N N Q 0d
n .
W
d W o J JW U> > > > > E E E E E
N N N N N
3 cc
Coo (
D 'N
O
N CO
W
N
S
0U U 0 U UC W
c c c c c
c U
O
W w
W W
s...
w
C w
C C
y w
C G
y w
C(
mU
n
W
N
Q
N L
Va1
i
L
H
W
3
0
N -
0 w
0 0
N
0 0
WN (
W
O CO
N w
W
O jw
N'
E r>r3CCO«
Z N p W
aE
m',mmm (D c o0EI--HFHH OF W W 2 1--HF-HHH Zf--1- ¢ ¢ NN
N 000000 00 rrm 000000 C')CI0
y W 000 0 0 0 O O m N m 0 0 0 0 0 0 N N O O O N N
N
N000000 00 Wto 1000 0 n n aao O io cn
2!
Or0 4 O NN m p ODNr,r rNm 1[] m N N
C 7 ` U
r 0 r
L m
3
COmcoco
u W to(0 co N Nrn C W
E F-F-F-F-F r ¢¢
o 0 OD r,con•Z YYYYYY YY
R ` d3 m mOO) mO) rN10 mNf").O N M vmrn N m N N
C O C r N N r p O O O r r 0 O N N r N N 0000 O O O O
R NN N M M CO d M1z. N Nm N N W U M M
N N N N N N M cl 7 C)C7 Cl! '.M M M M M M N CM M M C V
C N C4 C4 CJ CJ N NN LO n lO iN i LL mmO tO m M O OOaLOLOLOLOLOi0WOmoUoF-
0FN E YYYYYY A YY`1' Ivvvvv d d rC N N N 'M M M M 0 O a
c u o 0 0 0 000 0 o n r-r 000000 0 0 0 a SO m
an
d .
O <
QZ 00 00 O O Cl)cOM
0
N N 0
a 01 7 mdWddd ddd d d dd
C7
c d 0 0 0 0 0 0 0 0 r n LO LO . 000 Ni
7 m d NNNNNN N N N N N N N N N N N m m m m 10 r f
O00 v
3 c c c c c c c c
N N N N N N N N N N ON 0
pNr uE EEEEEE EE t' 25'Z' sLLr r ttt
d Z IONNtO mm mw :E:2 000000 QQQ U)V)
M U c E E E E E E E E Q Q E E E E E E mmm 'm m Q Q
y LL V YYYYYY Y Y m m m m m m J J J o 0
d7
LL
r
y W
a
N 0 W U U N
w W ly ID EE
N
W O C E N to D-
y Z = c nN 0 m m m ' 0 0oa Ww
E cn W .N d W N
6 o rnaUa a2i o c nab ° a o o
W U) C7
N N
Q N N C d Gl U) U U——
W N W W U N U (0 W W
W E W L « L L N
UOa O Oa v urn 01-orn 0 00 W
2 y Q x Z C > >
W W 01 N N U U'C. (WD N U y U N N
N U U N o n n
Z > > na Z Z = 0 '9'9o-
mrnrnm n n U)0- om U) rn rnrnv> > a I ww
c c cc c c c
0 0 0 0 o N y_
c 0000 00 >> O O6 O C
O W W W W W W W O 0 0 0 C C C H O C
Z— E c. c " " c to o' t r t E E E N S U aci
W t0 c c c c c c a°i aUi aUimOZW MM .W W N UJ W F-F-F- E c W v
E
E C.)C.)
o O O O O :
W `
o
W
5 a a E
0WWWWO> > > >
3 Qalaaaaas =-= wwwwxx mmm
W W W N
L y C C.C C C C .O V C
c
CL oU
U' U' 00(DC7 > > > N W V; E
Q W N m m [
i4 t if t if
LL LL LL W W C
V U U i L E O]Ol D7 W W W
W W W W W W C C C jd J J E
CJ M M W W W W W W n N U U
O ld ld lO W ld W W 0 --- LLLL LL LL LL LL > > >
O c d d d d d 2 2 m ccc !/1 .2 N N a s O O
W W m
U 7 U U U U U U U U O O O L L L L t t W y W ,NAG .' - jLLWWWWWWWWOlaOlOlt"
c I iii Ix ct w , Mw 3 3 ad m
E arf e6 ed od ad od a3 ad °c c c c c c c c o'o'o E E
m
N N N N N N N N C C C W W W W W WEc-Z`'2.`-
0
E v 'v E E E E,E E c c c u, ° '_' N
O W W W W W W W W 0 0 0 O W W
U aaaLLLLLL n.a rrr xxxxlx= 3 ww
4$pUTH 8E
120ON COUNTY-CITY BUILDING o d PHONE 574/ 235-9822
227 W.JEFFERSON BLVD. U FAX 574/ 235-9928
SOUTH BEND, INDIANA 46601-1830 H
1,E, 'E
1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
June 18, 2018 Filed in Clerk's Office
Mr. Tim Scott, President
City of South Bend Common Council UN 10 2018227W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
KAREEMAH FOWLER
RE: June 2018 Appropriation Ordinance–Civil City Funds CITY CLERK,SOUTH BEND, IN
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request department
heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with
the adopted city budget and propose necessary adjustments periodically throughout the year. For 2018,
we plan to propose adjustments during four time periods—March, June, October and December.
Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your
consideration.
I will present this bill to the Common Council at the appropriate committee and council meetings. It is
requested that this bill be filed for 1St reading on June 25, 2018 with 2nd reading, public hearing and
3rd reading scheduled for July 9, 2018.
Thank you for your attention to this request. If you should have any questions, please feel to contact me
at 574-235-9822.
Regards,
r"` c
Jennifer C. Hockenhull
City Controller
Lit
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT ' _
BILL NO. 29-18
f=iled in Clerk's Office
BILL N0. 2)-18 JUN 9 2018
ORDINANCE NO. KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE
BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2018 OF $304,000
FROM GENERAL FUND (001), ($135,887) FROM PARKS & RECREATION
FUND (#201), $6,000 FROM MOTOR VEHICLE HIGHWAY FUND (#202),
123,769 FROM RECREATION NONREVERTING (#203), ($2,733) FROM GIFT
DONATION BEQUEST FUND (#217), $25,425 FROM LIABILITY INSURANCE
PREMIUM RESERVE (#226), $330,000 FROM LOCAL ROADS & STREETS
251), $100,000 FROM LOIT 2016 SPECIAL DISTRIBUTION (#257), $595,304
FROM 2017 PARKS BOND DEBT SERVICE (012), ($626,302) FROM HALL OF
FAME DEBT SERVICE(#313),$275,000 COUNTY OPTION INCOME TAX(#401),
25,000 FROM PARK NONREVERTING CAPITAL (#405), $146,250 FROM
ECONOMIC DEVELOPMENT INCOME TAX (#408), $74,600 FROM MORRIS
CAPITAL IMPROVEMENT (#416), AND $1,867,115 FROM
EQUIPMENTIVEHICLE LEASING (#750).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2018 operating and capital budgets in
2017 (Ordinance#10499-17 passed on October 23, 2017), which included expenditures
for various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2018 and
set apart within the following designated funds for expenditures as follows:
FUND Amount
General Fund (#101) 304,000
Parks & Recreation(#201) 135,887)
Motor Vehicle Highway Fund (#202) 6,000
Recreation Nonreverting (#203) 123,769
Gift, Donation, Bequest Fund (#217) 2,733)
Liability Insurance Premium Reserve (#226) 25,425
Local Roads& Streets (#251)330,000
LOIT 2016 Special Distribution(#257) 100,000
2017 Parks Bond Debt Service (4312) 595,304
Hall of Fame Debt Service (#313)626,302)
County Option Income Tax (9404) 275,000
Park Nonreverting Capital (#405) 25,000
Economic Develop Income Tax (4408) 146,250
Morris Capital Improvement(#416) 74,600
EquipmentNehicle Leasing(#750) 1,867,115
TOTAL 3,107,541
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2018, at
o'clock M.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2018, at_o'clock
m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
Y
U
a
c
y
0 c 3 y d
y m w d
o m c w a
wIao00rd m o c N W O m
E ° vvvvvvvvvvvvvv ooa o ° 10c ° Z
J : 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c M J E J c
v v v v v v v v
3
v v v v v
0
Y
H0Ee
J
cm
iw;{di
C
a
a_•
m
o
d
Uy
L'-°°
J
o
dd
m":'
v
C
m
m
O
m
g
X'
LLw'
C
Q
y
o000000000000cdo °
L
3 N No„
p W W W W W W O(O C
O'O'O O II"O'O O'a 'D'O LL LL LL m v m O
m
LL C 0m C dOm01C =
o. d a m 0 0 0 0 .00 0 7 U m 0 N N N 00O
c m C 1 C I I C C C C C . . N O
m W N
v Edc m m m m m m
CD C7
m` .= 0 m e2
U
m
U
m m
U LL , 0 0 0 0 0 0 °
yyN J
wO
O
O
o—
c
L
d
NfC
y
O
N
o
0
M
LLU0
LY.
O
a
n
U
c
C
j
d
O
d
m-
a00000000000OOOyyVEEN00EN
N
m«E
o Y Y Y Y Y y 5 E
U U U U U U U U U m y
E M m m m m m m m m m m m m
O O O
E
p
N y .0
p
WE
E
U O Cl)m m t cr._ j
o y y O C=O
yy
U pp pp O
U
pp
U
pp
U
O O pp pp pp a) O 0 0 0 N d a)U 0•0 0 0 0
C p y y y•y y 2 2 C C
2 >
N
EE Z :Z >
ai RID
O
0 0
L m O
LL
C11
C O O
E E E E E E E E m o r mOfOO
0
C C C
U U U U U U m
c 2 Cv i
y y y'y y o y E C
O O cuE'E'E E E '- m N'E'E E E'E'E'E'E'E/
0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 m C
W W W W W
c y O a)IL
m a C
W
m
U d w w w
y
w w
y
w w
y
U y M y N 4 al C yE
o
y . y . . y a a cl
I m yccccccccccccc w U E
W W W W W Q'
000 O ' 0 0
O
0 0 0 0 0 0 (0 00 O M a 0 0 0 0 0 M ((O
l)
O
O OO n
1000QN
h OO (0 a0 0( V.N
W w O O O m O N Cl)r-O O r O r- r
L (3 0 M`
r OC
OO
ll m C O
T N
fa
m
to ea vi n vs u9 U9.
U u d Z` UUU U U U U UU U UlU U U F-HH H F-H
da N ¢¢¢¢¢¢¢¢¢¢¢¢¢¢ ggg n(n(n(n(nco
aaaan n aLLa.aaan.LL ¢¢¢wwwwww
g g g g g g g g g a a a m m m m m moE
V C a Z N Y Y Y Y Y Y Y Y'Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
d c
t/1 0. t to(O j N Cl)IT(O Cl).0-M N M V O 01 M O !O M M m Ol N O
N x N O O 9999 NNi O O O O'1 a0 001 O O O O N 06? 10 O O
Gl r (O N N N N('(`(O(n'm C11 M('m O N t'')T 0) d
3 .a P7(7 .O
M M M M M M Cl? M N M(") f7 (n M
N N N d (V N(V N N N N N N N N N N N N N(V V N N N N N tfj N
C C C d N N N y (O to(0(O(0(0(0 M
J a J v vq v v vqy yv vv v v v v v v v v v v v v 0
tp0i 000 oodoocSddd0000 of oo of
w _o o_o_o_o_o_ o
C C Y N Q Z
o 0 0 O o 0 0
C OO O O O CD O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 N 0
i A ' 3 3 3 (J1 y . . y y y y y y Ul y y y y y W y y y Ul Vl Vl y 'O CyNDEo0oEEEEEEEEEEEEEEEEEEEEEE `m 'c
Z m m MO.2 mO o L c
m
U C u c E E E E
IE
E E
m
QY0OYIYYYYYYYLLmmm
a
E
Y Y
y
m d 2,i IT
c
ayi
y
0 L6 Q'n
N
v U
C d
A
N
v
W
O.
Q
N a U y m
y
o>
M W O
m n
N
n
M—
O y
d UCOO
d
C aO
w d C
M.2 0 U N
m
d O U
d M N U) > >Z
cFm
U
n
o O
o U O n U m . w o a
o m g C`- y f/1 N y n n m C a) Q) y E j 5 N_U W U
E C C LQOandQ) m J O 'O'O m U U U = `
O"O R LL d aI O 0 m
O W nw -•M---a-a(n(n- mU Q¢ O LL W O -- - LL U U 10
0
d
aC
m
0
m
y
N
m o>`
FJ
p
i (
ln>
E(
1)U)
0n
0_(
0
n
1)
O)O Y •-W K`S
N
Z(
n(n
N
2
d
C
C
d
C
C
d
C m
a)
0
Z
d
l '
C
O
J
4y
Z
d
0
n_)
C
E c 0 0 0
Z Z E
00010 1 r00oWU)
y
o
a c c c c c c c c c c c c c c c c c
m'(p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d d d p N d
m 'y M N y y y N L' U h N N N A y N L. U U U U U U
ad > > > > > > > > > > > > > > >.> > d d do0d
7k a s 0 0 0 0 0 0 0 0'0 0 0 0 0 0 000
c= m d d o 0 o d mu m lu m 0 o d 0 m
O m 10 3 c.o 0 0 0 0 0 0 0 0 0 0 0 0 v v v n a n n n n d
Ul C C C C C C C C C . C C C C C C d
E E m a a a d a a a a a a a d d d m d a w w w w w w E
c
m
E GZ m aci.aci m n a n n n a a n n n n o_a n n n CL m
x x x x x x x x x x x x x x x J
d E E E d w w w w w w w w w w w w w w w w w 3 an d y
ommmpmm0) mm(T O)O m OfO O W 0)01 m m m m m m C y
Y
c c c c c c c c c c c c c c N 2 2 7 2 2 2 J y
coo od and a.mm1H .W m.W.W.O.O WOW ° y y E
Y" Y Y Y Y Y Y -E`` .e Y Y"`Y E 'y a
m `m m m m (a O J 3
m U m yO
O m a O y
1 n C LL a
Q d O m C C C C C C y y_.
E c y m rCr C m d E
m E c c c c c c c c c c c c c c c c c 3 d d d m d m J
dCZ3200.2.2 0 0 0 000000.2 0 0 2 L ai a>i a>i y m
c J 'o h m m m m m m m m m m m m m m m m m o 0 0 0 0 o mOCCdddNL1dddN ` d d d d L1 d d
U ti c c c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z Z Z Z Z Z o J y J
J J J m d d m d m m m m m d d d m m m m c ccc c c m
LLLLLL O)
a W fr W W of 0 0 0 0 0 0 C C a0
E m a°i dS0 xs«sasorJas tt-2S S x3xfro > m mmmm m ° _a Nmyyyyyyyymyyy (q y y y y d N d d d e 0
pp
O m m m
Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 0 U U U U U U 9 U d
U m aaaaaa a a a
as
aaaa aaa W W-I I J
N
m
a m
C U 0
a
Mm
O L.,
m
a m N CmaNmEOO
o m
co c r m
m
axi 2 m E a
L
m m Nm
U (mn O y m umL1 U C
E
m m 7 C
m C m
E O` U C N E a
C r O m m m N C a
0
E O 7 m C N a O U m LL
N C O
00 pCp .0 y m•
m d w N U O O' m U O
c a>1 N o -
m
m N .0 m 0 in
U a U a
C r N O
0 d aNi a z 'mo 'Z `m (D m x °J
c o Ti ami u-
a N as y o " m y E omEmEm.mcc E
c m 'mm o as `? mm 2Lmo l(pt 3co
w Q Q m m U U O O W W LL LL 2 2 Y Y U` U' w a L y F- 3 0.0_ a
rrrrrrrrrrnnrn rrrrrr o a y o E m m y v u o:r-y
a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0• 'Z'Z o m 6 U
c
0 y c m € t
E N N N N N N N N N N N N N N N N N N N N N N Z m m N W ? O y E 0 y C w0,
tjNNNNNNNNNNNNNNNNNNNNNN
U m m m m m m m m m m m m m m m m m m m m m m N
a d m 0 J m -O m
a J p
N
m .0 8C 'C'C'C'C'C'C'C'C'G'C'G'C'C'C'C'C'C'C'C'C'C'C
m m m
L=L
C
m m m m m m 0 F-
p (O(n U)fA(n V)N NU)U)m(n V1 U)U)U)U)U)V)V)V1 Ul N as m m 2 x LL c (0aa t1 m m m c maw m
1 V V'O'O L- 9————a.V'O'O'O'O'O N l0 O .m-. 0 m m N M E°(S; m m a
co c c c ccc c c c c c c c c c c c c c c c c 0 . 3 o a U t m a a N N c Q t $
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. o O o 0 0 o m m d g m m c um, `m
0 mmmmmmmmmmmmmmmm mmmmm m m m N
iY._
L m -p
0
C C X C U—Q NL Cci1Fii1i1G2iTiTiititFiFi%1 i1 i1 i1`m E c m c t m c o
Cl
0 •C,C,C•C•C,C•C,C•C•C•C•C•C•C•C•C•C.`•C,C,C.
w r N O 30 N N N
01 >•V O d O
16
cl N y v1 N N ip N N N W 41 N N i0 0 C m m m d a a C U U N C n y m NOOO00asNmEvmmaamZam
Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y.5.`L Y`
L a s C Z = L 3{
Q p (D y> > V O m r
C (0 (0 f0 l0 R R (0 N m m m m (0 m N (0 m N m m m m N m'U m m C C 0 O LL a E m
o a a a a a a a a a a a n.a s n.n.n.a as as j G C O C a 0 0 d N 41 O m 7
r r r_r_r_r r r_r_r_n_n_n r_n_r a > > N m m w w E°'" c m o m m m m
9=p m aNw ..s C m
a O O O O O O O O O O O O O O O O O O O O O O N m m O O O a s
Q N N N N N N N N N N N N N N N N N N NIN
O O 0010 tOMOlOO 000D0 0000000)O V' ON ON O O O O 00000 a
d m O Oroomo onoMovo(oovo0ol o'noo OOOO o O (o O 00000 (o
N y N 0 O O LL7 O M O t0 O O O N O W C 7 0 r 0 O O c O M O M O M O O N O O O O n O
0 OlN ` O OO)(n(o(O OO N O•K 00 v)N in O(n(O'n n O<0 O,t6 f0 m O Nr00 V'Q
O co C') -M N N r M-erM V MN N—V N O) O N n N m m r
U
m
M O N
LL m C p,
vi i9 f9 N4 Y! 9 (R
U y u1(o(o(omo(000 n0100000W(o(ommm v m
O ma O(O( w010 co 10(O(O(O(O(O(O(Of0(O(O(O(OW Noy
d J (,b(bcotn(nwv;cnwwcb(A(nch(nJ)vhcb6(n coo ago
U aZ o000000000a000000000 oo
m
n Q. co N N N N N N N N N j N N co N M O 01 O O of of N -
C N K O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M 0 0 0 0 0
M d 68ob8o room'obwcoww mimiimwmmwww 0co b 0 01 (o (Dmm 0
m M M M M M M M M M M M M M M M M M M M M M M M M M M V V
7 C C N N N N N N N N N N N N N N N N N N N N N N N N N N N to N O O M M M M M
C a (h 00(O(o(n 0 n n n n ir1 n n in n(n(n(n u7 to(n n in rrr
dap of Y gyvvvvvvvvvvvvcvvvgvv vvv v g v q gvvv v
8 U O dD O N N m M V V i u7 m 10 1 n m m i
m M i m V V V V O
U O Cl)co M M M M M M M M M M M M M M M M M M R d''M O O O O O O O 0 0 0 0 O
C C R O Qz co V vv v O O v v1 O
d O Y N O r 0 0 0 O O O O O O
m •R C
N N N N N N N N N N N N N N N CJ N N N N N N N M M M
O O O O
12 O
L .r N M Cl)Cl)Cl)M M M M M M min M M M M M M M M M M M M M Cl) 7 V a V 7? n
7 i •O r-
0 O N 7 - m 0 0 0 0
Y
4•
L
d ' (.I m C "`Y Y.L 1lL.'YY Y Y Y Y Y Y Y C ICY YY Y Y Y` E m m N N N N L
O QV k z O L L L L L L L L L L L L L L L L L L L L L L L `L Y 0 L
d O U (n m m(o V1 m m m co U)U)U)U1'U)w U)U)U1 U)U1 U)U)U) (n U1 U1 0 SS m m C C c c V)
0 V T T >T T T T T T T T T T T O S - J Q Q Q Q
m O
E E E E E E E E E E E E E E E E'E E E E E E E E E E = L L EmmmYVp0ofpoQQQQQQQQQQQ,Q Q Q QQQQ Q Q Q Q Q Q Q Q -cmi Y m m (`a `m `m `m
Q
N
LL U K 2w
a
t)N c c
r .
N m m ° E n n
d M i LL a >
C m 75 c C t n
W W[
ifEm- 01 01 O E
N m rn m mzNm.J m (0 (0 m t0 t0 m m m t0 Q m Q a C C m 01
C w N 2-r O_
p •V m'U m 'V U 01'U 'V p F-
0 a C N C C C d C 41 C ry C C 41 C N C d C >. C >. U J c
SID
o m a_0-_ LL_a-_a-a - a-LL =_LL__=a- a CLL LL a m g y ti
mm
y y
m
L_m
O m p
0 v v L L
2 z 2 2 2 2 Z Z Z Z Z Z Z Z Z 2 Z 2 Z 2 2 2 2 Z Z 2 0 H ,a i> > > ~
N ti LL 0- acVV)V)U)V1 U)V)V)V)V)V)UJ V)U)U)U)V)V)U)VJ UJ U)U)U) U)V)V) I I I
N U)
2 a a a a a a a n a a a a a H H H a 8 8 D a a a a o Z m m m
c°
n1
0 0 0 0.0 0 0
Om
C)C)0 0 0 0' C) a. .m. _ li7 cl ia W W E
m mLL
0 0 p pI
N
NCJ
CINancc .2 g m m m m
6 C m m(n(A m m O O.O O m m 0 m m m m N m
z E y as
N
NmmLLLL '
m m Y Y m mUUaa m ma`
c c c c E E
a'O F-F- YY LL LL LL lL
C m m m O O
l
m (O LL LL 0 a 0.
00
OO d N m m m 4'S 4'S ob <8 C N 01
t n z 3 3 J J 3 3 N .
0 d c L t c c = m m c c c c c c c
p - =2U)U)U ppdd LL LL W W LL C T U U U U
O Q Q Q Q
Q Qom m U U 0 W W W LL S=-- -Y Y U' U' Y b y c a a a LL
p N N N N N N N N N N N N N N N N N N N N N C C C C N E E N N N N
m m m m N m N O 0 T 0) m 0) 0) N O) O Q) N c E E Q
m a a a a m 0 0 `0 `0 `0 `o
CL mm(n(n(n(n(n cncncncncn(n(n(n(n(n(n(n(n(ncn ¢¢a. .¢. a U U 2i z
m m m d m a m a1 01 01 m m m m m m m m m m d a m m x
0 v u p p p 0.o u u C 0 0 p v v 2 p p.2 p m m
a a2iaZia ia ia2aZaZma2im Zima iawia0iaZiaZiaZiaZiaia2ia00 mmm x 0 01
ac0acal c E
a c rn cn to(n U(nw mto cn ern cn rn cn(n(n(nUUU p u E o E E,E E N
a.c.oaa.oaaaa---aaaaaa75 Z Z 2 m aci
p m m m m m m m m m m m m m m m m m m m m m m m E U c c 0 0 0 0 EclAOOOOOOOO0mUOOOOO0OOOUOUo
Z m vvv'O'0vvvavvvv'13 aa-Oaaaaa aaa U o 0
a c c c c c c c c c c c c c c c c ccc ccc c m m m a c
y E E E E m w
o c m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c `
C > >
I(D
U U) mmmmmmmmmmmmmmmmmmmmmmm mmm o > m m
C O
N N N N N N N N N N N N N N N N N N N N N N N E E E +-'
m m m m
m
p L'''Y..'6ttt mmm O c 00ommmmmmmmmmmmmmmm` m m m m m m m LL LL LL o E U U U U
a a a a a a a a a a a a a a a a a a a a a a a z O O N N N N,O° E•E'E'E N
0 0 0 0oO00000000000000000000000 0 m 0 o
U J N N.Ni N N N N N N N N N N N N N N N N N N N N 2 2 2 U a W W 2
0 3
C m
tll
so U _ Q
0 Co -Jm
ma N S
2 m d3 °' i< Q I
mom mm. mc wE cc
UJ
NO U !d Y-02
w0
y 1)
n CD F d 0_w LL(L U m
N N a)
V
m e M
it 3k ik ik ik ik##ik a-o m E aimmmmmmmmmmm > >
N N N N N N N N m m m.p.O r.-•m m m m m m mmmm m O
mmmmmmmmmmm c+g m yamJJJJJJJJJJJm
9'9'9'9'9'
d 0)
5'9'9'9'9'3 E E co v y
wwwWWWWWWWWmm
5Z'U'U g_ m mgggvv a QLLLLLO ymmmmmmmmmmmmwm
mrommcomeommmo m m E; aci 3OOOOOOOOOOONNOQmNNNNNNNNNNNWWZNC
O O co V'O W V 0000E )
d m m(OMNOo^(OOvNNw(O eF
V) y N Nm 0?m——? M O m r N 0 h
a D` `O O N 0)O W(D O r`7 N O o
7 U U m N W 4')m 4J CO Nr
U- m c v of
i
64 w
U
7 ami a
o
U aZ
y
p N a
O 9
00 NO NONN N N m[
9O O
N (
O 00 0000
N A m A m C4 CS A 6 M C
C m w o ° Y Y Y v v v v v qq
o Q 00 m rddN oc5o
U O r 0 0 0 0 0 0 0 0 0
C c w O aZ
Cl){
0000 W wmm N MOO ml
d p N o 0000000 -oo C7
m ' dddddddddoddd c°v
0 ao rn rn u n n u n Un v n un Lo U) rnU)W)
rrrrrrr
7 0) C c0
O O N 7 m
w o '
L4)
E Y h:A=
p ()y.,Z L L L L L L L L L L L L LQ0tCOtorntoU)COU)U)U)vONNen
U
A E E E E E E E E E E E E EUcp0wpQQQQQQQQQQQQQ
r y LL U
a Nm
Q
O V
r = c c C C E c c'c c
p m m 5 5 m m m C m m m m
N E E tr Er E E E m E E E E
ww. E cl
C m 9 9 9 g'5 a9'S'9'9 c
ar
E ww>>w w'wwwwE
z `o o E E g` o o`.W o` `o `o o f
c 00000•oo 0000
o u.W
m N N N N N N N m N N N N
U m m m m m m m N m m m m m
Q m N m m m m m m m m N N m
m mmmm m m m m m m'm m
L L L L L L L L t L L L L
J > > > > J J - L Q-,> > >o_an.an.aaaaC--
o.,Pa'
5'9'9'9'9''S.'.'s,S
0
w w W W W W W W W W w w w
o
ZE m oc c
c c c m
C cry m m m m E
aZ E E m m E m m
E E U
w i-2-,3 atraom
m o m m m 0
3 UU 0 a LLJ>
m
o o o._._ `m o 9
fn aawLLaUmzz
m m
O c
rnrnrno) m
CL c c c c c c c c c c c c c E
N'N'N'N'N'N'N N m'N
Q m m m m m m m m m m m m m m c
E m mmmmmmmmmmm m 1
m
J J J J J J J J J J J J J E
Z m mmmmmmmmmmm m
O C L L t L L L L L L L L L L m
c c c c c c c c c c c c c cOmmmmmmmmmmmmm
E E E E E E E E E E E E E E N
Q ccy
U W W W W W W W W W W W W W
120ON COUNTY-CITY BUILDING 4gO
TH 8E PHONE 574/ 235-9822
227 W.JEFFERSON BLVD.4
d FAX 574/ 235-9928
SOUTH BEND, INDIANA 46601- 1830 U
VKAUE
w y
1865
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
June 18, 2018
Filed in Clerk's Office
Mr. Tim Scott, President
City of South Bend Common Council
Jl)N01227W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
KAREEMAH FOWLERRE: June 2018 Appropriation Ordinance– Enterprise Funds CITY CLERK, SOUTH BEND,IN
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request department
heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with
the adopted city budget and propose necessary adjustments periodically throughout the year. For 2018,
we plan to propose adjustments during four time periods—March, June, October and December.
Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your
consideration.
I will present this bill to the Common Council at the appropriate committee and council meetings. It is
requested that this bill be filed for 1st reading on June 25, 2018 with 2nd reading, public hearing and
3rd reading scheduled for July 9, 2018.
Thank you for your attention to this request. If you should have any questions, please feel to contact me
at 574-235-9822.
Regards,
Jennifer C. Hockenhull
City Controller
A4_116.,
117
EXCELLENCE + ACCOUNTABILITY + INNOVATION INCLUSION EMPOWERMENT Y /
BILL NO. 30-18
Filed in Clerk's Office
JUN 19 2018
BILL NO. 30-18
ORDINANCE NO. KAREEMAH FOWLER
CITY CLERK SOUTH BEND, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2018 OF $311,276
FROM EMS CAPITAL FUND (#287), $219,930 FROM SEWAGE WORKS
OPERATING (#641), $150 FROM 2011 SEWER BOND (#659),AND $7,500 FROM
2012 SEWER BOND (#661).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2018 operating and capital budgets in
2017 (Ordinance #10537-17 passed on October 23, 2017), which included expenditures
for various City enterprise operations. It is now necessary to appropriate additional funds
for operational expenditures necessary for the City to effect provision of services to its
citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2018 and
set apart within the following designated funds for operational expenses as follows:
FUND Amount
EMS Capital Fund(4287) 311,276
Sewage Works Operating (9641) 219,930
2011 Sewer Bond(4659) 150
2012 Sewer Bond(4661) 7,500
TOTAL 538,856
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2018, at
o'clock m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2018, at_o'clock
m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
m o 16 m 2 In to
d CF.
m 3
d m O N N ILL LLNOEUmmO
A) a o..-LL n c (D (D
Filed In Clerk's mice
r u) O LL
O
N •
3 n oOa N NL
m C m LL
ID =mr ° L
O m E c JUN 4! 20111Ca
C N V)C o m N E, a OI
O1 « 0 3O -o Q 3 3
LL W D KAREEMAH FOWLERaycyavi ' 0m yr o 0
m O a 3 N=_ E m J' ".ERK: SOUTH BEND,IN
O 0 a mCI
N y Y C C
m m E m N
a-6 'na'va2 N li LL
D U r o m
c c
j E Y m CL a - 01 m G7
U X U) C m U C1
m m d«C m
mw w m O N W X C(n w mr
N C np to HNw m
CU) CLo
5 ca a S(D •9U .9U
EC N C B 3 w O. '
L6 0 m 0
mY pd u LL O c E E
l0 O N m N l6 r n 2
r a)
N NWLL
O N C N C
O.
a
N E m N ••m-
p 3 tLin0U `O ° a a
Q O N
w
H I-
N
7 Of R
N O N W N
LL
N In C d N r N N
C N e V3. va to w
ma
c o =EW
d a Z
M
y' y o C-4 0 0 0
M
uo
N uui uui
C N N Cl) Iu) p
v
Co
C m=
O E v Y Y Y
C
w
L+
r
Q
3 0rBV o m N N
O
tD
O Z Om0OOO O
N
N N I CD
1 O
w^
O
m E O O N N N
O U 10 C C m m mT
JOpO J J
N O U U rUOm
0 LN O W W W
N LL U m m
a L6 D D
d
Q U
pp C
CON
CDC
mE
E
Z
O O O O
p W
N a a a a
U 3 7
Z t t t t
m m m m m
co c c c c
0
z I
m
M E EE
CL
O
m m m
CD W W N
O C
a Cm E
Q C CQ °
dUE
C CL=O
Q
W Oz O OO oa
U m m o
C Li a 3 3 IM
E U U rn iq cp o
E Cn fn m r N N3
cUWWcoNN
AREA BOARD OF ZONING APPEALS
1140 County-City Building
Filed in Clerk's Office
227 W.Jefferson Boulevard
South Bend,IN 46601 JUN 15 2018
www.sjclndiana.com
Phone 574.235-9571 -Fax-574235-9813
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND,IN
Friday,June 15, 2018
Common Council
227 W. Jefferson Boulevard
South Bend,IN 46601
RE: The petition of GETHSEMANE CHURCH OF GOD seeking a Special Use for an off-site parking
Iot within 500'of an existing church in the SF2 Single Family&Two Family District(South Bend)
for property located at 1235 W NAPIER ST,City of South Bend
Dear Council Members:
I hereby Certify that the above referenced ordinance of GETHSEMANE CHURCH OF GOD was
legally advertised on May 31, 2018 and that the Area Board of Zoning Appeals at its public hearing on
June 13,2018 took the following action:
Upon a motion by Michael Urbanski, being seconded by Robert Hawley and unanimously carried,a
petition by GETHSEMANE CHURCH OF GOD seeking a Special Use for an off-site parking lot
within 500'of an existing church for property located at 1235 W NAPIER ST, City of South Bend,
was sent to the Council with a favorable recommendation,and will issue written Findings of Fact.
The deliberations of the Area Board of Zoning Appeals 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,
Lawrence P.Magliozzi,Jecuti e Director
Attachment
CC: GETHSEMANE CHURCH OF GOD
BILL NO. 18-26
Filed in Clerk's Office
BILL NO. 18-26 JUN 15 2018
a
RESOLUTION NO. KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
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 1235 W NAPIER
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give
notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions
from the Board of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty(60) days after the
Board of Zoning Appeals makes its recommendation to the Council; and
WHEREAS,the Common Council is required to make a determination in writing on
such requests pursuant to Indiana Code Section 36-7-4-918.4; and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant
to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for property located at:
1235 W NAPIER
In order to permit offsite parking within 500' of an existing church.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Area Board of Zoning Appeals,
a copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
1. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area of
property values therein;
3. The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South
Bend Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable
conditions established by the Area Board of Zoning Appeals which are on file in the office of
the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
Tim Scott, Council President
South Bend Common Council
LAWRENCE P. MAGLIOZZI
r.XECUTIVE DIRECTOR
Angela M. Smith
1),P.ty Di-1-
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 1C. JLFFLRSON BL1'U.. RDO\t 114o COLINF1•CIT1 BUILDING, SOUTH BEND, INDIANA + 601 Red in-!ti-lerk'sOfflCe
Special Exception/Special Use JUN '15 2018
OVIILER
A special exception use/special use may only be granted upon making a written e
EMAHMAH FF
BEi ID,IN
adopting appropriate Findings of Fact, based upon the evidence presented at a p
1)The proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare;
2) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein;
3) The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein;
4) The proposed use is compatible with the recommendations of the Comprehensive Plan
17. Petition of Gethsemane Church of God
Based on information available prior to the public hearing, the staff recommends the Special Exception
Use be sent to the Common Council with a favorable recommendation.The staff recommends the front
setback be a minimum of 15' on the west property line and the drive aisle on the south be reduced to
allow for a larger setback. The staff recommends the perimeter landscaping variance be denied on the
west and south. The staff further recommends the denial of the interior off-street parking landscape
islands to none.
1) The proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare.
The proposed parking lot will not be injurious to the public health, safety,or general welfare of the
community.
2) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein,
With proper landscaping and buffering, the proposed use will not adversely affect the use or value of
the adjacent properties.
3) The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein.
The proposed use is for the expansion of a church that has been in the neighborhood for a long time.
With the proper buffering, the use can be consistent with the character of the residential district and
neighborhood in which it is located.
4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
There is no specific reference to this particular use in the Comprehensive Plan.
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T J O S E P H C O U N T Y I N D I A N A.C O M/AREA PLAN
CITY OF SOUTH BEND
PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE
PROPERTV INFORMATION:
Filed in Clerk's Office
The property Tax Key Number(s)is/are: 018-3074-2923 &018-3074-2924
The property address: 1235 W Napier Street and the vacant lot lying west and adjacent JUN 1 5 2018
Legal Description: Lot 49 and Lot 50 as shown on the recorded plat of IsdOWWR
TH BEND.IN
VARIANCE INFORMATION:
1) (1)A variance from the required 25'front setback to 3' on the south and 6' on the west;
2)A variance from the required 20'side yard setback to 3' on the north and east;
3)A variance from the required parking stops to none;
4)A variance from the required 2 interior off-street parking landscape islands to none;
5)A variance from the required Type A perimeter landscaping to none;
2)A statement on how each of the following standards for the granting of variances is met:
a) The approval will not be injurious to the public health,safety,morals and general welfare of the
community:
b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner;and:
c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property:
SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please
skip to next section):
1) The Special Exception Use(s)being requested: to allow an offsite parking lot within 500'of an existing
church, in the SF2 Single Family and Two Family District.
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
a) The proposed use will not be injurious to the public health, safety,comfort,community moral
standards,convenience or general welfare: This parking is best suited on this corner lot, while having an
existing cross walk provided to the south where the church is located.
b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: religious use is permitted within the SF2 Single Family and Two Family District. This petition is
for the parking lot,
c) The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein;and: This parking lot shall serve the existing church.
d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. This church is one of 2 long standing congregations in this neighborhood As such, the church has
acted as a stabilizing influence on the nearby residential community and the members of the
congregation. The addition of a formal parking for this church enhances its image of stability and service
in the community and the congregation
In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
PETITIONER INFORMATION:
Name and address of property owner(s)of the petition site:
Gethsemane Church of God
Karl Nichols
308 S.Walnut Street
South Bend,Indiana 46601
574-276-5842
director @cwpartners.org
Name and address of additional property owners, if applicable: n/a
Name and address of petitioner(s), if different than the petitioner):
n/a
Name and address of additional property owners, if applicable: n/a
CONTACT PERSON:
Lang, Feeney& Associates, Inc.
715 South Michigan Street
South Bend, Indiana 46601
574-233-1841
Terry@LangFeeney.com
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA BOARD OF ZONING APPEALS AND COUNTY
COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS RELATED TO THIS PETITION.
Signature(s)of all property owner(s):
Gethsemane Church of God
Karl Nichols
C
0
Fi din Clerk's Office c
W
A °
o W N 4
C
m z
to
JUN 15 2010 m
RN N p^N
REEIVIAH FOWLER r o W
J
CITY CLERK,SOUTH BEND,IN w s o N
o
a y
N
O
O o
pN Ztv U OK
OM
I
I
I
J I
M l
06.911
llV ,i
I
C
I
W M/a,99 1332iiS 2131dVN 17C
Q j
r J
CD
@
z j o
Y Lo
LLJ
Q I
i I i (O
oo 2 Y[N I w
wI o I.
0
I Z 3 a
d
Ii= x
I I 06.911 rz
M a,os 133ais a3idvN—_ _
IF
i
1
i ` I 0N11SiX3