Loading...
HomeMy WebLinkAbout04-11-11 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MONDAY, APRIL 11, 2011 7: 00 P.M. 1. INVOCATION 2 . PLEDGE TO THE FLAG 5. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES A. CATHERINE TOPPEL-DIRECTOR OF CODE ENFORCEMENT 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 75-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2-8 AND 2-10 OF CHAPTER 2, ARTICLE I OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL 86--10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 . 5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES 11-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-59 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE SOUTH BEND ADVISORY COMMISSION ON BLACK MALES .12-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ANNEXATION ORDINANCE #9565-05 TO SPECIFICALLY INCLUDE A LANDOWNER IN GERMAN TOWNSHIP, NAMELY, FISKARS PROPERTIES, INC. , WHOSE PROPERTY WAS DESCRIBED IN ORDINANCE #956505 BUT WHO WAS NOT NAMED THEREIN 8. BILLS, THIRD READING TIME: BILL NO. 75-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 2-8 AND 2-10 OF CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL 86-10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 . 5, ARTICLES 1 AND 2; ADDING ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AFFIRMATIVE ACTION PROCEDURES 11-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 2-59 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE SOUTH BEND ADVISORY COMMISSION ON BLACK MALES 12-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ANNEXATION ORDINANCE 49565-05 TO SPECIFICALLY INCLUDE A LANDOWNER IN GERMAN TOWNSHIP, NAMELY, FISKARS PROPERTIES, INC. , WHOSE PROPERTY WAS DESCRIBED IN ORDINANCE #9565-05 BUT WHO WAS NOT NAMED THEREIN 9. RESOLUTIONS BILL NO. 11-23 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 324 WEST GARST STREET, SOUTH BEND, INDIANA 46601 11-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1807 ALFTON COURT AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROBERT F. & N. MARIA BERGER 10. BILLS, FIRST READING BILL NO. 14-11 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST- WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX. 344 FT. ) THE FIRST NORTH--SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX. 410 FT. ) 15-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4124 OLD CLEVELAND RD, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT ONE (1) IN THE CITY OF SOUTH BEND, INDIANA 16-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE #9967-09A TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) 17--11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, APPROPRIATING $157, 000 RECEIVED FROM THE U. S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM 18-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES 11 . UNFINISHED BUSINESS 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. o` kvA1,1111f'/p G City ty of South Bend Common Council w 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 TDD (574) 235-5567 Derek D. Dieter http://wwwsouthbendin.gov President April 7, 2011 Oliver J. Davis Vice-President The South Bend Common Council 4t' Floor County-City Building Ann Puzzello South Bend, Indiana 46601 Chairperson, Committee of the Whole Re: Substitute Bill No. 75-10 Derek D. Dieter First District Dear Council Members: Henry Davis, Jr. We are pleased to report that the attached version of Substitute Bill No. 75-10 is Second District ready for your final review and passage. Thomas LaFountain Since the last regular meeting of the Common Council, revisions have been sent to Third District all Council Members, Mayor Luecke, City Controller Gregg Zientara, City Attorney Ann Puzzello Charles Leone, as well as all attorneys in the City Attorney's Office. This week the Fourth District Council Attorney received an email from our City Controller which stated in part as follows: David Varner Fifth District "Please be informed that the City Administration is in agreement with to substitute bill as drafted...we look forward to Council passage of Oliver J. Davis Substitute Bill No. 75-10, where the Mayor, City Attorney, and City Sixth District Controller, as required, will be present at Council Committee and/or Al "Buddy' Kirsits Council Session to provide commentary and support to the Bill". At Large This ordinance will establish reasonable regulations aimed at complying with the Timothy A. Rouse State of Indiana's Open Door law and Public Records law, while attempting to keep At Large pace with the every changing technological innovations and advancements. Thank you for your assistance on these city-wide regulations. Karen L. White At Large Most sir r Dere D. Dieter Karen L. White Council President Council Member at Large Ann Puzzello Timothy A. Rouse 4t"District Council Member Council Member at Large Ordinance No. Substitute Bill No. 75-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, DIVISION 5, SECTIONS 2-8 AND 2-10 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING PROCEDURES GOVERNING THE COMMON COUNCIL AND AMENDING CHAPTER 2,ARTICLES 4 AND 5, 13Y ADDING NEW SECTION 2-49 ENTITLED RULES GOVERNING ELECTRONIC DEVICES USED DURING BOARD AND COMMISSIONS PUBLIC MEETINGS STATEMENT OF PURPOSE AND INTENT In 2005, the Common Council passed Ordinance No. 9570-05 which amended various provisions governing the operations of the South Bend Common Council. That ordinance built upon the improved efficiencies gained by the passage of Ordinance No. 9504-04 on April 26, 2004, which then Council President Karen L. White sponsored. As a result of those actions, greater efficiencies were gained on procedures addressing the filing of substitute Bills with the Office of the City Clerk; the inclusion of signatory areas for the Mayor and the City Clerk on proposed ordinances and resolutions; requiring all exhibits and petitions to be filed with all proposed Bills; authorizing the Council President to assign topics raised during the Privilege of the Floor; as well as many other areas. The following proposed ordinance is filed to promote further efficiencies, Since the filing of Bill No. 75-10 on November 17, 2010, discussions have taken place with members of the City Administration. Based on those discussions and a review of policies in place in other communities, it has become apparent that consistent rules should be in place for not only the Common Council but for all City boards and commissions addressing electronic devices. In light of ongoing technological innovations and the need to comply with Indiana's Open Door law and Public Records law, it is believed that the proposed substitute bill is in the best interest of the public and the operations of the Common Council, City Boards and Commissions. 9f�a', /cl e,,nla."iwe/ by the Common Council of the City of South Bend, Indiana, as follows: Section I. 'Chapter 2, Article 1, Section 2-8 of the South Bend Municipal Code is amended by amending paragraph (p) and by the inclusion of new paragraph (q) which shall as follows: (p) Unless excused in advance by the Council President persons in the Council Chambers and in the Council Informal Meeting Room shall turn their cell phones, and any other electronic devices to their silent mode when the Common Council is in session and when any Standing Committee meetin g is promess. Council Members and citizen members of any Standing Committee may not send, receive, view or to any message communications while he/she is part of the quorum for such meeting,-while„such Substitute Bill No. 75-10 Electronic Device Regulations Ordinance Page 2 meeting is in progess. Any electronic device which is used throe h fit -controlled access and which is needed during the Common Council or any Standing Committee is permitted for the ppMose of accessing city information city resentations and to record minutes and notes.' (q) As used in this Article "electronic device"means a wireless and/or l2ortable electronic handheld piece of quiPment that includes but is not limited to existing and emer in mobile communications sterns and smart technologies cell phones, smart phones walkie-talkies a ers etc. portable internet devices mobile mans ers mobile messengers, Bla Berry T handset etc. Personal Digital Assistants fPDAs),(Palm organizers, pocket PCs, etc.) and any other convergent communication technologies that do any number of the previou§ly mentioned functions. "Electronic device" also includes any urrent or emerging wireless handheld technologies or portable information technology systems that.can_be used for word rocessin wireless Internet p g�,...__ access and information transmitting receiving, Tape recorders and cameras and hearing aids3 shall be excluded from the definition of "electronic devices" as used in this Article. Emergency communication devices used by sworn police officers and medical first responders who are in attendance of a Common Council or Standing Committee meeting shall be in excluded from the provisions of this Article. Section II. Chapter 2, Article 1, Section 2-10 (i) of the South Bend Municipal Code is amended to read as follows: (i) The Chairperson, with the assistance of the Gouneil ztteffie y, City Clerk or his or her a authorized Mi-esentative from the Committee minutes with the Office of the City Office of Clerk, shall be responsible for filing Clerk within two (2) weeks after each committee meeting. Such minutes shall comply with the Open Door Law and shall include but not be limited to: (1) the date, time and place of the meeting; (2) persons in attendance; (3) summary of all items discussed including all references to proposed resolutions and ordinances referred to in it for review and recommendation; (4) a record of all votes taken; and the time of adjournment. Any documents submitted to a Committee shall be filed with the original of the committee minutes with the Office of the City Clerk. Any majority or minority reports filed with a committee shall also be attached to such committee minutes. Section III. Chapter 2, Article 1, Section 2-10 (k) of the South Bend Municipal Code is amended to read as follows: ' All communications sent on an electronic device which is used through a City-controlled access or network will be captured by the City and may become part of the public record. 'Indiana Code 5-14-1.5-1 et seq.,sets forth the Indiana Open Door Law. In Berry v.Peoples Broadcasting Corp., 547 N.E. 2""231, 1089 Ind.LEXIS 402(Ind. 1989),held that under the Indiana Open Door Law,a government body could not ban the use of cameras and tape recorders at its public hearings. Indiana Code 5-14-3-1 et seq.,sets forth the Access to Public Records state law 3 Hearing aids are defined by the National Institute of Deafness and Other Communication Disorders(NIDCD)as a "small electronic device that you wear in or behind an ear which is designed to make some sounds louder so that a person with hearing loss can listen,communicate and participate more fully in daily activities". Substitute Bill No.75-10 Electronic Device Regulations Ordinance Page 3 (k) Sanctions: Upon finding that a Council Member-respondent violated the code of conduct of the Common Council; or if a Council Member violated any other provision of this Code, the Council, by a majority vote, may take any or none of the following actions: (1) Issue a private censure; (2) Issue a public censure; (3) Recommend to the Council Member—respondent or to a Council Member who violated any other provision of this Cha ter that he or she resign his or her position on a standing and/or special committee; (4) Recommend to the Council-Member- respondent or to a Council Member who violated any other„provision of this Chapter, that he or she resign from his or her Office of Couneilfilan Council Member; (5) Have the City Clerk, or his or her a authorized representative from the.Office of the Cit y Clerk, take ossession of any electronic device for the duration of the public meeting, from any Council Member or Standing Committee Member, who continues to use such electronic device in violation of Section 2-8 (p) of the South Bend Munici al Code after refusin g to comply with a verbal request give n by the Mr siding officer of such meeting,to such member. (6) Refer the matter to the County Prosecutor's Office for appropriate action; or (7) Refer the matter, by a vote of two-thirds (2/3) of the Council for expulsion from the Common Council. Section 111. Chapter 2, Article 4 of the South Bend Municipal Code is amended to read as follows: Secs. 2-24— 2-48 2--49. Reserved. Section IV. Chapter 2, Article 5 entitled `Boards and Commissions” of the South Bend Municipal Code is amended by adding new Section 2-49 which shall read in its entirety as follows: Sec.2-49. Rules Governing Electronic Devices Used During Board and Commission Public Meetin s Regulations. (a) All boards and commissions addressed in this Article shall be governed by this section. (b) As used in this Article "electronic device"means a wireless and/or ortable electronic Substitute Bill No. 75-10 Electronic Device Regulations Ordinance Page 4 handheld viece of equipment that includes but is not limited to existing and emeneine mobile communications stems and smart technologies-(cell phones,. smart phones walkie-talkies pagers, etc. portable iaternet devices mobile mana ers mobile messengers,BlackBgM T handset etc. Personal Digital Assistants PDAs Palm organizers, ocket PCs etc. and any other convergent communication technologies that do any number of the previously mentioned functions. "Electronic device" also includes any current or emming wireless handheld technologies or portable information technolo s stems that can be used for word processing, wireless Internet access and information transmitting/receiving, etc. Ta a recorders and cameras and 4 hearing aids5 shall be excluded from the definition of "electronic devices" as used in this Article. Emergency communication devices used by sworn police officers and medical first responders who are in attendance of a board or commission meeting shall be in excluded from the provisions of this Article. c Unless excused in advance by the Chai1person of the board or commission ersons in all meeting Board shall turn their son is in phones, session rBoard or -Commission devices to their silent mode .... Commission members ma not send receive view or listen to any electronic message communications while he/she is part of the quorum for such meeting while it is in progress. Any electronic device used through City-controlled access which is needed during,any Board or Commission governed by this Article is permitted for the puLpose of accessing city information ,cit resentations and to record minutes and notes.6 d A Board or Commission Member violates this section if he or she refuses to comply with a verbal re nest of the residing officer of such Board or Commission to abide by the regulations in this section. Thereafter, the Clerk, or other person designated by the Chairperson, may retrieve such electronic device from that individual for the duration of the Board or Commission's public meetin Such device shall be given back u on the end of the Board or Commission meeting. Le) All Board and Commissions gov emed by-this Article m4y make and implement an additional regujations, including sanctions which are not inconsistent with this Section. Section I- 23 of the South Bend Municipal Code shall not goly to this Section. 4India as Code 5-14-1.5-1 et seq.,sets forth the Indiana Open Door Law. In Berry i� Peoples Broadcasting Corp., 547 N,E.2 231, 1089 Ind.LEXIS 442(Ind. 1989),held that under the Indiana Open Door Law,a government body could not ban the use of cameras and tape recorders at its public hearings. Indiana Code 5-14-3-1 et seq., sets forth the Access to Public Records state law 'Hearing aids are defined by the National Institute of Deafness and Other Communication Disorders(NIDCD)as a "small electronic device that you wear in or behind an ear which is designed to make some sounds louder so that a person with bearing loss can listen,communicate and participate more fully in daily activities". All communications sent on an electronic device which is used through a City-controlled access or network will be captured by the City and may become part of the public record. T Substitute Bill No.75-10 Electronic Device Regulations Ordinance Page 5 Section V. 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. Derek D. Dieter, Counc 1 President - Karen L. White, Council Member Ann PuzzeIlo, Council Member Timothy A. Rouse, Council Member John Voorde, City Clerk �Um&Wby me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of , 2011, at o'clock m. Janice Talboom, Deputy Clerk 1?01 /1"tewawda�vwx/by me on the day of , 2011, at o'clock .m. Stephen J. Luecke Mayor of the City of South 7F11n�,^sr��i �"1'k'Q �.; IM PASS oORDE UTH BEND,IN ! City of South Bend. - -- Common Council 1865 441 County-City Building. 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 The South Bend Common Council TDD (574) 235-5567 Derek D. Dieter President 4th Floor County-City Buildin hp�:-I/www-soutfibendin.gov South Bend, Indiana 46601 Filed In Cloy A 95W Oliver J. Davis a Vice-President Re: Substitute Bill No. 86-10 APR 1 c Ann Puzzello Dear Council Members: Chairperson, Committee JOHN VCORDE of the Whole Crf Y C1XjItKr OOUT14 BEND,IN � In light of the very positive rece-pTi—on0f Substitute Bill No. 86-10 at Derek D. Dieter yesterday's Community and Economic Development Committee meeting, we First District are pleased to formally file it with the Office of the City Cleric. As noted yesterday, the proposed ordinance includes several revisions from the Henry Davis, Jr. original version, such as: Second District Thomas LaFountain " Creating a 9-Member MBE/WBE Utilization Board which would work Third District closely with the Diversity Compliance Officer and the City Administration and the Common Council in developing policies aimed at Ann Puzzello eliminating barriers and promoting diversity, inclusion and participation Fourth District Developing a mechanism to assure compliance with federal, state and David Varner Fifth District local laws whereby each January an MBE/WBE Participation Report would be filed for Common Council review and discussion Oliver J. Davis Sixth District • Annually requiring all parties to meet and discuss how local regulations can be improved in order to seek greater effectiveness A! "Buddy Kirsits At Large • including multiple references in footnotes as educational aids to assist in Timothy A. Rouse outreach programs At Large With the passage of Substitute Bill No. 86-10 the City of South Bend will Karen L ,White have the proper mechanisms in place to maximize opportunities and At Large participation for minority-owned businesses and women-owned businesses. We seek you support. Thank you. Sincerely, Timothy A. Rouse Karen L. White Council Member at Large Cbunczl b at Lar Henry Davis, Jr. erek D. Dieter 2 nd District Council Member Council President Substitute Bill No. 86-10 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 14.5 OF THE SOUTHBEAW MUNICIPAL CODE ADDRESSING MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAMS STATEMENT OF PURPOSE AND INTENT In 1987, the City Administration and the Common Council worked for months researching, discussing and hosting public meetings, and specifically sought input from the Mayor's Minority Affairs Council to develop local regulations addressing employment opportunities. 2nd District Council Member Eugenia Braboy sponsored a proposed ordinance which the Common Council passed in order to "address equal opportunity for minorities and women with regard to employment and bidding for City contracts". Those regulations became Ordinance No. 7811-87 and were codified into the South Bend Municipal Code as Article 1 of Chapter 14.5. In 1989, the United States Supreme Court held in a 6-3 decision in City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989) that state and local regulations which included preference would be subject to a "strict scrutiny standard".whereby a "compelling interest" must be shown and such standards must be "narrowly tailored"to address the overall purposes of the regulations. In 1995, the United States Supreme Court held in a 5-4 decision in Adarand Construction, Inc. v. Pena, 515 U.S. 200 (1995) that remedying past discrimination may in some circumstances constitute a "compelling interest" sufficient to justify race-based measures. The Court did not address the constitutionality of programs which are aimed at advancing non-remedial objectives such as promoting diversity and inclusion. Programs which provide opportunity for minority-owned and women-owned businesses who wish to participate in the governmental contracting process have been implemented in Evansville, Fort Wayne and Indianapolis. Research reveals that the State of Indiana's implementation of the Minority and Women's Business Enterprises (MBVE/WBE) Program, has a component where it is regularly reviewed and evaluated, with the focus being the effectiveness of their program with regard to state contracts. In the interest of improving overall participation and opportunities in South Bend and having regulations which are consistent with governing statutes and judicial opinions, the following ordinance is proposed to amend the 1987 regulations currently codified in the South Bend Municipal Code. The ordinance institutes local programs which are similar to others operating in the State of Indiana today. This ordinance is aimed to maximize participation and opportunities in South Bend by facilitating networking, outreach, communication, education, training, internal accountability and employment opportunities for qualified MBE and WBE. It is designed to be a pro-active, fair and a reasonable mechanism,which is believed to be reasonable, and in the best interest of our city. Substitute Bill No, 86-10 April 4,2011 Page 2 *a f ® by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Article 1 of Chapter 14.5 of the South Bend Municipal Code is amended to read in its entirety as follows: CHAPTER 14.5 MINORITYAND WOMENBUSINESSENTERPRISEDIVERSITYDEVELOPMENT PROGRAMS ARTICLE 1. GENERAL PROVISIONS Sec. 14.5-1. Legislative Intent. (a) The following regulations are enacted in the interest of providing equal opportunity, promoting diversity and inclusion for existing and operating minority business enterprises and women's business enterprises. The regulations are intended to assist and help promote, monitor and enforce minority business enterprise programs and women's business enterprise programs in the City of South Bend, Indiana.' (b) The City of South Bend encourages the participation of minority and women owned business enterprises in City contracts. In addition to meeting federal goals for minority/women owned businesses in the city, the city encourages such businesses to participate in a local Minority and Women Business Enterprise Diversity Utilization Program. Sec. 14.5-2. Definitions. As used in this chapter, the following terms shall have the meanings ascribed to them in this section: (a)Bidder means any person,partnership, corporation, association or joint venture seeking to be awarded a City contract. (b) Certification Standards mean standards set forth by the State of Indiana governing minority and women's business enterprises which are codified in Rule 3.Certification Standards (25 Indiana Administrative Code 5-3-1 through 25 Indiana Administrative Code 5-3-8)and other any standards developed by the City's MBE/WBE Utilization Board. (c) City means the City of South Bend, Indiana. 'Indiana Code§36-1-12-1 et seq.set forth regulations governing"public works projects". 2 City policies are intended to be consistent with the policy statement set forth at 25 Indiana Administration Code 5-1-3 governing"Minority and Women's Business Enterprises"and relevant judicial decisions. Substitute Bill No.86-10 April 4,2011 Page 3 (d) City contract means any contract awarded by the City of South Bend or any of its agencies, boards or commissions for work, labor, services, suppliers, equipment,materials or any combination of the foregoing; the term specifically includes but shall not be limited to any purchase or lease of materials pursuant to IC 36-1-9.53, any public work project authorized pursuant to IC 36- 1-12-4,4 or other contract in which public bids are not required by law. (e) Contract goal means a targeted amount of participation as measured by the desired percentage of involvement by certified minority and women's business enterprises developed by the City's MBE/WBE Utilization Board.5 (t) Contracting agency means the,City department, agency,board or commission having the power to award a City contract. (g) Contractor means any person, partnership, corporation, association or joint venture which has been awarded a City contract. (h) Discriminatory practice means the exclusion of a person or persons from equal employment opportunity or equal business opportunity because of race, sex or national origin. (i) Diversity Compliance Officer means the person designated by the Common Council to work with the City's MBE/WBE Utilization Board and contracting agencies to assist in overseeing, implementing, and enforcing this Chapter, who would provide quarterly updates to the Mayor and the Common Council. �) Emergency contract means a contract that is awarded on an emergency basis due to a threat of harm to person or property or threat of disruption of governmental services. (k) ]Local MBE or local WBE means an MBE or WBE certified in the State of Indiana which has an owner who has resided in St. Joseph County or has had a business office in St. Joseph County for three (3) years. (1) MBE/WBE Program Waiver means a petition process where a contractor is unable to meet goals established in the Minority/Women Business Utilization Plan. (m) Memorandum of Understanding means a written agreement between the Indiana Department of Administration, Minority& Women's Business Enterprises Division and the City of South Bend authorizing certification and the maintenance of a central certification file.6 3 This chapter applies only to contracts awarded by local boards of aviation commissioners operating under Indiana Code§ 8-22-2 and local airport authorities operating under Indiana Code§8-22-3. 4 This section deals with public works projects of at least$75,000 or more. S 25 Indiana Administrative Code 5-2-1 (2)(6)sets forth this definition for"contract goal". 6 The City of Indianapolis has such a Memorandum of Understanding as part of their program. Substitute Bill No. 86-10 April 4,2011 Page 4 (n)Minority group means citizens of the United States who are: (1)Blacks (2)American Indians (3)Hispanics; and (4)Asian Americans (5)Other similar minority group defined in 13 Code of Federal Regulations 124.103. (o) Minority Business Enterprise (hereinafter referred to as(MBE)means any minority- owned business which has been certified under the requirements of this Chapter: (1) Which is at least fifty-one percent (51%) owned by one or more of a minority group or, in the case of any publicly owned business, at least fifty-one percent(51%) of the stock of which is owned by one or more of a minority group; and (2) Whose management and daily business operations are controlled by one or more of a minority group who own it and have an interest in capital, assets, and profits and losses of the business proportionate to the percentage of ownership.$ (p) Minority/ omen Business Utilization Plan means a plan developed by the MBE/WBE Utilization Board in consultation with the Department of Administration and Finance and approved by a resolution of the Common Council. The plan shall provide for utilization of local MBEs and WBEs and provide rules and regulations to implement this Chapter. (q) Offeror means any business entity that makes an offer to enter into a binding contrail. (r) Program means the minority and women's business enterprises diversity programs aimed at advancing non-remedial objectives such as promoting diversity and inclusion, (s) Qualifying member means for MBE goals, any member of a minority group; and for WBE goals,a woman.10 (t)Regional MBE or Regional WBE means an MBE or WBE certified in the State of Indiana who has a joint venture with a"local MBE"or"local WBE"to obtain a bid/contract with the City of South Bend, Indiana. (u)Subcontractor or second tier contractor means any person entering into a contract with a prime vendor to directly furnish services or supplies toward the contract.j I 7 25 Indiana Administrative Code 5-2-1 (a)(14)sets forth this definition for"minority group". e 25 Indiana Administrative Code 5-2-1 (a)(16) sets forth a similar definition for"owned and controlled". 9 25 Indiana Administrative Code 5-2-1 (a)(15) sets forth a similar definition for"offeror". 10 25 Indiana Administrative Code 5-2-1 (a)(18) sets forth this definition for"qualifying member". Substitute Bill No. 86-10 April 4,2011 Page 5 (v) Supplier or distributor means any business entity supplying materials, but no significant on-site labor is contributed in furtherance of the contract or to a vendor.12 (w) Vendor means any person or business entity that has entered into a binding contract for the provision of materials or services.13 (x) Women Business Enterprise hereinafter referred to as (WBE)means-any women- awned business which has been certified under the requirements of this chapter: (1) Which is at least fifty-one percent (51%) owned by persons whose gender is female, or in the case of any publicly owned business, at least fifty-one percent(5 1) of the stock is owned by persons whose gender is female;and (2) Whose management and daily business operations are controlled by persons whose gender is female and who own it and have an interest in capital, assets, and profits and losses of the business proportionate to the percentage of ownership. SECTION H. Article 2 of Chapter 14.5 of the South Bend Municipal Code is amended to read in its entirety as follows: ARTICLE 2. Promoting Minority Business Enterprise and Women Business Enterprise Utilization. Sec. 14.5-3. MBE/WBE Utilization Board - Membership,Powers &Duties,Roles of City Departments for Implementation, (a) Nine-Member Board: There is created a City MBE/WBE Utilization Board. The Board shall consist of nine (9) members. Three (3) members shall be appointed by the Common Council, three (3) members shall be appointed by the Mayor, one (1) member shall be appointed by the local chamber of commerce, one (1) resident of the City who is appointed by the Council in consultation with the Mayor, and the Director of Public Works or his/her designee. (b) Term of Appointments: All Board appointments expire on December 31 st of the second year for which they are made. Board members may be removed at the pleasure of the appointing authority prior to the expiration of their terms. (c) Board Officers: The Board shall elect from its membership a President and a Vice- President, who shall act as the presiding officer in the absence of the President. The Board shall also elect from its membership a Secretary, who shall provide notice and maintain minutes of Board meetings as required under the Indiana Open Door Law. "25 Indiana Administrative Code 5-2-1 (a)(20) sets forth this definition for"subcontractor". 12 25 Indiana Administrative Code 5-2-1 (a)(2 1) sets forth this definition for"supplier or distributor". " 25 Indiana Administrative Code 5-2-1 (a)(22) sets forth a similar definition for"vendor". Substitute Bill No. 86-10 April 4,2011 Page 6 (d) Board members shall serve without compensation and shall comply with the State of Indiana's conflict of interest law.14 (e) The Board and the Department of Administration and Finance shall have the following duties and authority: (1) The Board shall hear and determine requests for MBE/WBE Program Waivers from bidders from MBE/WBE requirements. (2) The Department of Administration and Finance shall maintain lists of certified MBEs and WBEs from which City departments and boards may make purchases or award contracts directly or indirectly as subcontractors of business entities being awarded a contract by the City. Such lists shall delineate the goods, services or construction projects which the MBE or WBE may be interested in performing or providing. (3) The Board, in consultation with the Department of Administration and Finance, shall develop a plan for the utilization of local MBEs and'WBEs and shall establish within the said plan rules and regulations to implement this chapter and the duties of the Board hereunder. This plan shall be titled the Minority and Women Business Utilization Plan for the City of South Bend. The utilization plan shall not unlawfully discriminate against any person or business in the award or execution of any contract. The utilization plan shall promote local MBE and WBE business development in the community and shall comply with the requirements of federal and state public purchasing and construction laws. (4) The Department of Administration and Finance, in consultation with the Board, shall conduct an annual review of effectiveness of the City departments and boards in meeting their annual goals in soliciting prices from local/regional MBEs and WBEs. Such review shall be based on the actual solicitation of a price from local/regional MBEs and WBEs versus the availability of qualified local/regional MBEs and WBEs. (5) The Human Rights Office of the Department of Administration and Finance, in consultation with the Board, shall provide training to all departments and boards of the City at least annually in how to better utilize MBEs and WBEs. The Human Rights Office of the Department of Administration and Finance in consultation with the Board, shall provide training to the St. Joseph Valley Building Trades Council and the Building and Construction Trades Local Unions of St.Joseph County at least quarterly in how to better utilize MBEs and WBEs. The Human Rights Office of the Department of Administration and Finance shall file quarterly reports with the Mayor, City Controller and the Common Council summarizing their training and outreach activities.15 14 Indiana Code§3544-1-3 sets forth the.Indiana state law and Indiana State Form 236 is the Uniform Conflict of Interest Disclosure Statement form. is As of the writing of this ordinance,the following local unions were known to be lawfully in existence: Boilermakers Local##374;Bricklayers,Masons&Plasterers Local Union#4;elevators Constructors Local#44; Glaziers, Substitute Bill No.86-10 April 4,2011 Page 7 (6)In construction bids for which formal advertised bidding is required by State law, the Legal Department shall review bid specifications submitted by the City departments and their promulgate goals for the utilization of MBEs and WBEs. In no event shall a bidder be required to award a subcontract to a MBE/WBE, but it may not unlawfully discriminate against said MBE/WBE. The "good faith"effort of bidders in obtaining MBE and WBE participation shall be considered by the boards and commissions awarding contracts as a factor in determining a lowest responsible, responsive bidder. (7) The Legal Department, in consultation with the Board and Diversity Compliance Officer, shall report to the City departments and boards concerning contract language and procedures which will enable MBEs and WBEs to more competitively submit bids to the City or to prime contractors, including, but not limited to,prompt payment, bonding requirements, and any other lawful means to better utilize MBEs and WBEs. (8) The Legal Department shall investigate allegations of noncompliance by contractors with goals of the City as to utilization of MBEs and WBEs or practices of the contractors wherein it is alleged that discriminatory practices or procedures of the contractors were used in the solicitation, award or execution of subcontracts, contracts for supplies or contracts for services. The Legal Department shall report its findings to the Board for a determination and a report and recommendation. An adverse determination by the Board may be appealed by the contractor to the awarding board within thirty(30) days of notice of such a determination.A determination of such discriminatory practice following notice and hearing before the awarding board shall be referred to the appropriate state and federal enforcement agencies for appropriate action. A fording of such a discriminatory practice shall prohibit that fnrn from being awarded a contract or being a subcontractor on a City contract for a period of one (1) year from the date of such determination. Additionally, such a determination may be grounds for terminating the contract to which the discriminatory practice or noncompliance pertains. (9) The Board shall see that the City of South Bend continues to work to eliminate barriers to participation in City contracts, and shall promote diversity and inclusion, by multiple means, which shall include but not be limited to: (i) Providing up-to-date information on the City's official website including brochures about the City's Minority and Women Business Diversity Development Programs, which can be downloaded; Architectural Metal&Glass Works Local# 1165; Heat and Frost Insulators and Allied Workers Local#75; International Association of Bridge,Structural, Ornamental and Reinforcing Iron Workers Local#292;International Brotherhood of Electrical Workers Local# 153;International Brotherhood of Painters&Allied Trades Local# 1118; Laborers' international Union of North America Local#645;Millwrights Local# 1029;Operating Engineers Local# 150;Operative Plasterers&Cement Masons international Association Local#692; Sheet Metal Workers Local#20; Sprinkler Fitters Local#669;Teamsters Local#364; United Association of Journeymen and Apprentices of the Plumbing&Pipefitting Industry of the United States and Canada Local# 172;United Brotherhood of Carpenters& Joiners of America Local#413;and United.Union of Roofers&Waterproofers Local#23. Substitute Bill No.86-1 Q April 4,2011 Page 8 (ii)Host workshops, webinars and other outreach educational programs; (iii)Provide information on the City's organizational and contractual needs; (iv)Provide instructions to preparers of bid specifications to ensure implementation of this subchapter; (v) Provide information to certified WBEs and MBEs on City procedures in awarding contracts; and (vi)Provide an opportunity to review with any bidder why its bid was rejected, if it was rejected for a reason other than price. (1 Q) Whenever possible, the City shall facilitate seminars by representatives of financial institutions, insurance and bonding companies,to familiarize certified WBEs and MBEs with the requirements of those companies for loans, insurance and bonds. Sec. 14.5-4. Purchase of Goods, Supplies, Services and Construction Contracts. (a)All contracts for the purchase of goods, supplies, services and for the construction projects awarded by the City shall contain provisions requiring the contractor and subcontractors not to discriminate against any employee or applicant for employment in the performance of the contract, with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age or disability that does not affect that person's ability to perform the work. (b)An MBE or WBE may register with the MBE/WBE Utilization Board at the Department of Administration and Finance on forms established by the Board. The registration shall be for the purpose of submitting State of Indiana certification of the status as a qualified WBE or MBE for local projects and purchases and, if local, to ensure their inclusion on a local MBE/WBE directory made available to City departments for purchases of goods, services and utilization in construction projects. The registrant shall provide a general list of the types of goods or services it is willing to provide or the types of construction projects in which it is willing to participate. (c)City departments shall be given lists of local WBE and MBE registrants. City departments shall review such lists to see how they may utilize such local registrants in seeking quotes or bids on purchases of goods or services and on construction projects. (d)On any construction project for which quotes or bids are to be received, attached to the specifications shall be a list of MBEs and WBEs in order to make the prime contractors, i.e., bidders, aware of the availability of such MBEs and WBEs which may be utilized as subcontractors. Substitute Bill No.85-10 April 4,2011 Page 9 Sec. 14.5-5. Certification of MBEs and WBEs. (a) Each business that desires to become certified as an MBE or WBE shall complete a vendor application and attach it to the State of Indiana certification. Certification by the State of Indiana as an MBE or WBE shall constitute certification by the City of South Bend. (b) An applicant who has been approved as an MBE or WBE by the State of Indiana, and registered with the City, shall notify the Department of Administration and Finance of any change in ownership of the business, change of address, or decertification by any other governmental entity within five(5) business days of any such change of status. Failure to provide such updates may subject such business to the noncompliance provisions set forth in Sec. 14.5-3(e)(8). Sec. 14.5-6. Maintenance of Records and Reporting Procedures. (a) The Department of Administration and Finance and the Board of Public Works shall implement a comprehensive record keeping procedure, whereby the City can identify and assess local MBE/WBE contract awards and contractor utilization of MBEs and WBEs. (b) The Department of Administration and Finance shall, semi-annually, report to the Mayor and to the Common Council on the extent to which the city is utilizing local MBEs and WBEs and local MBEs and local WBEs. Such report may include suggestions on approved utilization of local MBEs and WBEs that offer goods or services needed by city departments. (c)Contractors and suppliers of goods and services shall not be penalized for not using local MBEs or WBEs. However, contractors and suppliers of goods and services shall not discriminate against local MBEs and WBEs. Sec. 14.5-7. Utilization of Certified MBEs and WBEs. (a) City departments, boards and commissions shall not discriminate against non-local MBEs and WBEs in awarding contracts hereunder. City departments, boards and commissions shall not penalize any contractor or supplier of goods and services that chooses to utilize non-local MBEs and WBEs. (b) City departments, boards, commissions and contractors are to be made aware of local MBEs and WBEs, and regional MBEs and WBEs. The regulations set forth in this Chapter are provided to give businesses equal opportunity in the contracting process and to help promote economic development in the City of South Bend, Indiana. Substitute Bill No,86-10 April 4,2011 Page 10 Sec, 14.5-8. Emergency Contracts. The provisions of this chapter shall not apply to emergency contracts. SECTION III. Article 3 of Chapter 14.5 of the South Bend Municipal Code is amended to read in its entirety as follows: ARTICLE 3. Monitoring and Enforcement of Minority Business Enterprise and Women Business Enterprise Utilization Sec. 14.5-9. Compliance with Applicable Federal, State and Local Laws-Role of Diversity Compliance Officer. (a) Consistent with the policy goal to assure that minority business enterprises (MBE) and women business enterprises (WBE)have the opportunity to participate in contract and procurement for supplies, construction, equipment and services, the Diversity Compliance Officer shall review the city practices governing the bidding and awarding of contracts involving federal funds. (b) The Diversity Compliance Officer shall make recommendations to see that such procedures are in compliance with all governing laws, rules and regulations, included by not limited to the following: 1 24 Code of Federal Regulations, Part 570, Community Development Grants; 6 2. American Recovery and Reinvestment Act of 2009 (ARRA), Public Law 111-5; 3. 49 Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs; 4. Title VI of the Civil Rights Act of 1964; 5 Executive Order 11625,National Program for Minority Business Enterprise; 6. Executive Order 11246, Equal Employment Opportunity; 16 The City of South Bend annually files with the Office of the City Clerk a "Consolidated Annual Performance and Evaluation Report (CAPER)" setting forth a summary of performance and accomplishments on South Bend, Mishawaka's, and the St. Joseph County Consortium's Consolidated Housing and Community Development Plan, as well as the use of federal resources provided by the U.S. Department of Housing and Urban Development (HUD), Community Development Block Grant(CDBG)funds,and HOME Investment Partnership Program funds. Substitute Bill No. 86-10 April 4,2011 Page 11 7. 40 Code of Federal Regulations 31, Uniform Administrative Requirements for Environmental Protection Agency (EPA)'s Grants and Cooperative Agreement to State and Local Governments; and 8. 24 Code of Federal Regulations, Part 135 Economic Opportunities for Low and Very Low Income Persons. (c) The Diversity Compliance Officer shall monitor all federal reporting requirements and provide updates to the MBE/WBE Utilization Board, the City Attorney and the City Controller on a regular basis. See. 14.5-10. Monitoring Contract Compliance by the Diversity Compliance Officer. (a) The Diversity Compliance Officer shall review all federal grant requirements regarding the utilization of minority business enterprises (MBE) and business enterprises (WBE. (b) The Diversity Compliance Officer shall function as a liaison between the City Administration and the City's contracting agencies in providing technical assistance in monitoring compliance in order to meet such requirements and goals. Sec. 14.5-11. Annual MBE/WBE Participation Report Required to be Filed. (a) The MBE/WBE Utilization Board in conjunction with the Diversity Compliance Officer shall file with the Office of the City Clerk by the third (3�d) Wednesday of each January a MBE/WBE Participation Report on all city contracts governed by this Chapter. (b) The MBE/WBE Participation Report shall provide data on the prior calendar year, as follows: 1. Summary of efforts taken to create and promote economic growth opportunities for MBEs and WBEs; 2. List of certified local MBEs utilized by the city; 3. List of certified regional MBEs utilized by the city; 4. List of certified local WBEs utilized by the city; 5. List of certified regional WBE's utilized by the city; 6. Total dollar amount of city contracts awarded to certified local MBEs; 7. Total dollar amount of city contracts awarded to certified local WBEs; Substitute Bill No.86-10 April 4,2011 Page 12 8. Percentage(%}of all city contracts awarded to certified local MBEs; 9. Percentage (%}of all city contracts awarded to certified local WBEs; I0. Number of emergency contracts awarded by the city; 11.Number of MBE/WBE Program Waivers issued listed by type of occupational category; 12. Summary of data on minority groups who participated; 13. Summary of Section 3 Work Force utilized and Training Needs Offered and Addressed by occupational categories; 14. Samples of MBE/WBE/Section 3 Contact/Solicitation and Commitments for contract awards which exceeded $25,000; 15. Samples and Procedures for Invitations for BIDS (IFB)or Requests for Proposals (RFP)Evaluation including Checklists utilized for each; 16. Process Used for Evaluation and Determination of the lowest, responsible and responsive bids; 17. Process Used for Evaluation and Determination of non-responsible and/or non- responsible bids; and 18. Other relevant information. See. 14.5-12. Annual Review�by the Common Council. (a) The Common Council shall, upon the receipt of the filing of the MBE/WBE Participation Report, refer the report to the Council's Personnel and Finance Committee for review. The Committee shall schedule a meeting for discussion of the report with representatives of the City Administration, the Diversity Compliance Officer and the President and a Vice-President of the MBE/WBE Utilization Board. (b) The Personnel and Finance Committee shall review all other data required to be filed pursuant to this Chapter, including but not limited to the Human Rights Office of the Department of Administration and Finance's training and outreach programs and their effectiveness with the St. Joseph Valley Building Trades Council and the Building and Construction Trades Local Unions of St. Joseph County. The Committee shall highlight areas which warrant amendment in the interest of improving the regulations set forth in this Chapter, and formally recommend those changes to the Common Council. Substitute Bill No,86-10 April 4,2011 Page 13 SECTION IV. Article 3 of Chapter 14.5 of the South Bend Municipal Code is repealed.17 SECTION V. Seyerability: If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. SECTION VI. 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. Timothy A. Rouse Member of the Common Council Karen L. White Member of the Common Council Henry Davis, Jr. Member of the Common Council 0 s(,. 1-tA.1- Q�_� Derek D. Dieter Member of the Common Council John Voorde, City Clerk len�*sree to aFe 34wr 9616 9{WaffA Find _� on the day of , 2011,at o'clock—. m. Janice Talboom, Deputy City Clerk 17 The City of South Bend maintains and posts on the City's website"Policies and Standard Procedures"which govern, employment practices Such policies are routinely updated by the City's Human Resource Director,the Mayor and the City Controller. As a result of those pro-active measures Article 2 entitled "Affirmative Action in Employment" of Chapter 2 of the South Bend Municipal Code has been recommended to be repealed. Substitute Bill No. 86-10 April 4,2011 Page 14 -*"9erLaffd 0 *meon the day of ,2011, at o'clock m. Stephen J. Luecke Mayor, City of South Bend,Indiana File irk Clerk's Office r AP JOHN VQQRV9 sw �':. '.,:;.;,; c t. N 1 4� rNV�ltd PASSED CHARLES S HAYES www TELECOMPARK.COM 814 MARIETTA STREET T+574.233.1296 SOUTH BEND, IN 48601 F+574.232.4609 TM January 11,2011 � Area Board of Zoning Appeals of St. Joseph County, Indiana 125,South Lafayette Blvd. Suite 100 South Bend,IN 46601 RE: Special Exception Use and Variance of Developmental Standards Telecommunications Facility 324 West Garst Street South Bend, IN 46601 Township: Portage Zoning Classification: General Industrial To the Honorable Board: d Charles S. Hayes Inc. (Hayes)is hereby applying for a Special Exception Use and a Variance of Developmental Standards to construct a 235' (240' overall)telecommunications facility on property owned by Hayes at 324 West Garst Street. The proposed facility will supplement an existing 349 foot tower and compound at that location. 0 The Variance of Developmental Standards are as follows: 1) A lattice-type, self-support tower is proposed instead of'a monopole-type tower because t this tower will primarily be used for point to point microwave telecommunications. It is impractical to mount microwave dish type antennas on a monopole. 2) A 240' tower is proposed instead of 200' tower because this height is necessary to accommodate multiple antennas at required heights. 3) No landscaping is proposed for the compound as extended on the south because there is an existing chain link fence on the adjoining property and no room for planting. All existing driveways, landscaping, fencing, utilities,and compound areas including the expanded compound area that will contain the new tower and equipment buildings will continue to be maintained in the same meticulous fashion. INFRASTRUCTURE FOR THE TELECOMMUNICATIONS INDUSTRYTm Legal Description That part of the Northeast Quarter of Section 14, Township 37 North,Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the Northwest Corner of Lot Numbered Two(2)of the recorded Plat of"Studebaker Corridor Fourth Minor Subdivision"as recorded by Document No. 9315731 in the records of the St. Joseph County, Indiana Recorder's Office; thence South 89°- 58'- 16"East along the South line of Garst Street, 172.22 ft.; thence South 00°-21' —33"East,230.98 ft.; thence South 891-46'-46"West, 171.99 feet to the East line of Franklin Street; thence North 00°-24 -58"West along said East line, 231.73 feet to the Point of Beginning. Containing approximately 0.9141 acres. Project Description The project will include a 235' high(240' overall) lattice type radio communications tower, various equipment shelters, equipment platforms,generators and related equipment. The additional facilities will supplement an existing tower and related facilities that are currently being operated near capacity. Project Location The proposed addition to an existing telecommunications facility is located in an industrial area. This site is centrally located in the City and has access to various fiber optic networks including the Metronet. The proposed site adjoins a facility to the south that is also dedicated to telecommunication service. Yours truly, L Gi c ' Charles S. Hayes President Charles S Hayes Inc. I I 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 324 WEST GARST STREET,SOUTH BEND, INDIANA 46601 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, 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 1. 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 Use and a Variance of Development Standards be granted for the property located at: 324 West Garst Street, South Bend,IN 46601 in order to permit to construct and operate a 240' telecommunication tower on property classified general industrial, a Variance of Developmental Standards from a maximum height of 200' to 240', a Variance from a monopole-type tower to a lattice-type self-support tower and a Variance from the required landscaping on the south side of the facility to no landscaping on the south side of the facility. 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: I. The proposed use will not be injurious to the public health, safety, comfort, community moral standards,convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SEC'T'ION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council 10 2011 OTIDIE Cfy r z•>.k .F 1 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. suite 100 South Bend, Indiana 46601 (574) 235-9554 Pax: (574) 235-5541 March 3, 2011 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Build_ ing South Bend,Indiana 46601 RE: Petition for Special Exception of Charles S. Hayes, Inc. 324 Garst Street ABZA 3/2/11 Dear Council Members: The above referenced petition of Charles S. Hayes, Inc. was legally advertised on January 19, 2011. The Area Board of Zoning Appeals gave it a public hearing on March 2, 2011 at which . time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Young and unanimously carried, the petition for Special Exception of Charles S. Hayes, Inc. for a 240' telecommunications tower, on property located at 324 Garst Street, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely Charles C. Bulot, C.B.O., C.F.M. Building Commissioner CCB/cah CJ-3AJZ1_F,S S. J4AYF.S. YNC. ;PECLAL LXCEPTION PUI:,,C,'UA'NT2?_i AREA 13C)ARD OF ZONINNG APPEALS F 3IN D 1.,,G S 03= F A CT i. 'THE PROPOSEID U.5J:_WN-L N.(_)T BE IN"3URIC.)US TO THE- PUBLIC HEALTH, SAFETY_ COMFORT. CONIMUNITY MORAL STANDAP1 DS_ C(D VE,M E_',N!C F_ OR G E i".1?R/A,L WE I-F A P,E B F C A L'"_;E: De N-e ioi-.)mem n n d rise as presem v,i I f e.om p I y �N�ith a)) - - Lu i i d I n o. f ire sa fan. traffic. acid park in e, reL u I at j ons as 10 not being il)JUTHII! TC-thC public 110, 11h_ sa-er\. morals. avid geleW welfare of file C'OMMU1111A, THE TIIZC)PC)S]7]D ".S.EvVILL 'NOT P\.t'URE OR AD\."F_RSfL;.LNr' AFFECT THE L,7.5E OF THE ADJACE:NT .AR17A CAN' PROPE'RTY VALUES THLILU�1N' 8ECAUSF- Tile %,irinflce or trre S?Jajl jillpro"ro the a, pettrance of the neighborhood and xvill riot deVa!Lle the S=OLJ]ldill� PRC)PO -D Wil -EN _RACT17-_PN 01- \N'jJiCi-j TH' S E I.A., BF CONSIS] r 'T WITP-1 THE Cl-I A IT IS ,,ND TFIL LAND L,SES AUTHORIZED BFCALISE: Ct)ndjjrjC)jlS 07_, the Pro,.3em prerdatc:the Zonjn� Ordimmice. wj)ich creates a difilereni condition for this propert\. -4. THE PROPOSED USE IS COMPATIBLE NVITH THE RECOMMENDATION'S C)J-- THE CITY OF SOUTH 2 D CC)!i S]1'F- T3 L C A U S F_7 11, icr the fcal;n_ ofthe Board thai the NariancE• is Mending inic, the overall Comprehensive Plan and if, not de\ialing tio371 it's 'll i, W. CONDITIOXS OR REVISK)NS: DECISION" jT ,1S 71JET',EFORE the den�i<iO:_, OfThO 130ard that this rCqLJCS7 lor Specia!: ZxceptioT-. Shall be passed OnTo the Ci-%\ 04'Soulh 'f_ -0TZABLE, RECOMMENDATION Bel-10, COT-M-1-PCM, C0LMZ:i,! Nvjll� a: -A\ A D.0 11—.7 1 (2 rC FS 'N0 =X I I C H A E 1, U R BA NNS K I FX--lj R.ANDALLL FX7 3 A C K OUN'G EK] GERALD PHIPPS ABSENT ROJ3FRT HAVVI-EY 30E VELLENI AN. B R DAN C R UM 1-1 S H Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W.Byorni Lary P. Maglfozzi Executive Director Assistant Director Phone 574 235-9571 www aVow0wountyindiana.corNareaplan Fax 574 235-9813 January 24,2011 Area Board of Zoning Appeals 125 S.Lafayette,Suite 100 South Bend,Indiana 46601 RE:Area Board of Zoning Appeals Meeting Dear Board Members: The following comments are being made concerning,some of the items to be beard at the Area Board of Zoning Appeals meeting on Ecdoesday,Eftwa 2.2011. The absence of comment on any particular item should not be construed to mean that the staff agrees with the request. Y� A variance from any of the development standards of the Zoning Ordinance may only be approved upon,the Board of ZoningAppeals making a written determination and adopting appropriate Findings of Fart, based upon the evidence presented at a public hearing,that (1) The approval will not be injurious to the public health safety, morals and general we fare of the Community; (2) The use and value of the area adjacent to.the property included in the variance will not be affected in a substantially adverse manner;and, (3) The strict application of the terms of this Chapter would result in practical dicultres in the use of theprq perty. 1.The petition'of Communitywide Federal Credit Union. The staff recommends denial of the sign variance for an increase in the allowable maximum square footage from 100.squarie foot to 12617 square foot. As part of the 2004 update of the City of South Bend Zoning Ordinance, the sign ordinance was significantly revised The intent iof the sign ordinance is to eliminate c �g and confusing sign displays; maintain and infprove he aD�of the City of South Bend as an attractive place in which to live and conduct business; and safeguard and enhance property values by minimizing the possible adverse effects of signs on nearby public and private property. Variances for increased size and number of signs undermine the intent of the sign ordinance, and any such request should have a clear relationship to unique site conditions beyond the petitioner's control. it is our opinion that the I00 square foot minimum,as established by the ordinance,can accommodate the petitioner's needs. There are no unique on-site conditions such as topography, trees, signs, or other obstructions that is driving the treed for a larger sign. seeciptlon/Staecisi Utre .4 special we may only be granted upon maldieg a written determination and adopting appropriate Finding's of Fact, based upon the evidence presented at a public hearing that.' E:Woosds elZmft 4**drWrw Boap doJZooft 4 peabi2011V21 Fe&uoy doe Serving South Send,Lakeville.Now Carlisle.North Liberty,Osceola.Roseland and St.Joseph County.Indiana (I) The proposed use will not he.injurious to the public health safety, comfort,community moral stmuivds,convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area orproperty values therein; (3)Theproposed use will be consistent with the character of the district in which it is located and the Imed uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive plan: 6.The petition of School City of Mishawaka. The staff recommends the Special Use be sent to the County Council with a favorable recommendation for the temporary use for the stated period of time. (I) The proposed use will not be injurious to the public healkk safety, comfort, community moral standards, convenience or general welfare; A similar request was approved in August 2009 on Jackson Road for a period of 18 months. Thd staff is not aware of any issues from that prior location. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, The temporary use will disturb only one acre of a 58+acre parcel. The size of the parcel buffers neighboring 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; . Within the 300 foot buffer,there are only 3 structures. Again,the size of the parcel maintains the agricultural character and use of the balance of the property. (4) The proposed use is compatible with the recommendations of the Comprehensive plan. The St. Joseph County — South Bend Comprehensive Plan Future Land Use Map makes no specific recommendation for this property. 7.The petition of Charles S Hayes,Inc. The staff recommends the Special Use be sent to the Common Council with a favorable recommendation. The staff recommends denial of the variances for the lattice type tower and landscaping. (I) The proposed use will not be injurious to the public healt&safety,comfort community moral standards, convenience or general welfare; The site contains an existing tower. The staff is not aware of any issues with the existing tower and the presence of a second tower wwould not compromise the standards. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, Since a tower already exists,the addition of a second,shorter tower will not have an adverse affect on neighboring 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 property is zoned GI General Industrial District. However,the property to the west across Franklin Street was recently rezoned to PUD for Ignition Park,an offtc 4esearch and industrial complex with high development standards. A lattice type tower with or without landscaping would not be consistent with future development in the area. (4)The proposed use is compatible with the recommendations of the Comprehensive plan. The future land use map identifies this area as industrial. City.Ban Objective UD 1.4 Encourage attractim and architecturally appealing designs for buildings to create dfstetecft visual reference points in the community A monopole tower and landscaping would create a moue attractive site. E Wounds el 4Wa&W=Board of Zo .lpyeakLVI t V2I Fehruwy doe S.The petition of 33011 Sample Street Associates. The staff recommends the Special 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; All activities will take place indoors and therefore have no visual or noise impact beyond the building. (2)The proposed use will not injure or adversely affect the use of the'adjacent area or property values therein Since all activities will take place indoors,adjacent properties:will not be impacted by those activities. (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 south side of Sample Street between Prairie and Sheridan is zoned GI General Industrial District. Across the street is a multi-tenant center anchored by a convenience stone. (4) Theproposed use is compatible with the recommendations ofthe Comprehensive Plan. The future land use map identifies this area as heavy industrial. f Objective ED 1.2:Encourage the use of abandoned and underutilized land and structures 9.The petition of Jeremy D Belcher. The staff recommends the Special Use be sent to the County Council with a favorable recommendation subject to: 1)the regulations for a gun shop, 154.106(BX12),below,and 2)petitioner's commitment to not sell ammunition or.store inventory, 154.106(B)(12)Gam Shops and Gunsmith Shops,subject to the following development standards: (a)No firearms or ammunition shall he sold in any gun sales or gunsmith shops within two handed(200) feet of any. L Public or parochial school for children many grades from Kthrough 12, 2. Child care center;or, 3. Child care ministry;.and (b) The operator shall reside in the dwelling unit located on the property as their primary place of residence. (1) Theproposed use will not be injurious to the public health safety,comfort, community moral standards, convenience or general welfare; if the activities are limited as in our recommendation the effects will be minimized. (2) The proposed'use will not injure or adversely affect the use of the adjacent area or property values therein, if the activities are limited as in our recommendation the effects will be minimized.The property is located in close proximity to the intersection of Ireland and Ironwood Roads. The zoning of that intersection is varied. (3) T Sae proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, no property is located in close proximity to the intersection of Ireland and Ironwood Roads. The zoning of that intersection is varied. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The St. Joseph County — South Bend Comprehensive Plan Future band Use Map makes no specific recommendation for this property. alkA . cerely, Christy Neyder Planner E.woo*tfzmft wrw Bowd t'ZonbW4ps M2V111 f11 Rbnwy doe EXHIBIT A WIRELESS TELECOMMUNICATIONS FACILITY SERVICE PLAN FOR ST. JOSEPH COUNTY 02 FEBRUARY 2011 The Petitioner,Charles S. Hayes Inc., is seeking a Special Exception Use to allow for a 240' lattice-type self-support telecommunication tower and equipment buildings on property classified general industrial and a Variance of Developmental Standards for the proposed tower ® from a maximum height of 200' to 240', from a monopole type tower to a lattice-type self- support tower, and from landscaping on the south side of the compound to no landscaping on the ® south side of the compound. r Reason or Need: w Charles S. Hayes Inc. has a longstanding history in St. Joseph County for communication infrastructure through ownership, construction and management of radio communication ® facilities. The company's goal is to minimize the proliferation of towers in the community while maximizing the number of various types of Carriers on them. The need for a variety of Carriers in an area, demand for cellular phone minutes and the explosive growth in usage of data transmission will only increase with the continued request for services in the City of South Bend. r Verizon Wireless would like to collocate at this site as well as potential carriers for broadband and other services. When Verizon originally inquired to locate at this site, the structure was at an r engineering rating that would accommodate their equipment. In the interim, Open Range, another cell phone and broadband provider, located their hub at this site creating capacity insufficiencies and necessitating the addition of the proposed structure at this site. The type and height of the new structure will allow ease in the placement of dishes and i specialized equipment, space to accommodate a multitude of carriers, and complement the existing guyed-typed structure. 1 There is no room to plant landscaping on the south part of the compound. A variance for this f request was granted in 2003 for the original structure. We ask that it be granted once again due to the fact that the compound abuts to another property to the south leaving no room to adequately have landscaping planted and grown. Nature of any Existing Wireless Communication Facilities Sites: There are ten towers within a one mile radius of the current facility (please refer to the "TOWERS WITHIN ONE MILE" map included in the application)of which three are facilities owned by Charles S. Hayes Inc. Urban areas are more densely populated and require more tower sites to serve the population. The Carriers require very specific land locations as well as specific heights on towers to fulfill these coverage capacity issues. Hence, the desire for Verizon(and other future vendors)to reside at this particular Garst St. location. Manner in Which the Proposed Placement Will Promote St. Joseph County Telecommunication Po__tics: The proposed 244' lattice-type self-support structure does not require additional lighting. The use and value of the adjacent area will not be affected in a substantially adverse manner. The value of the surrounding property and community increases with the availability of high quality radio communication services that provide for new technologies and improved emergency services. The tower will promote the telecommunication policies of St. Joseph County and encourage local economic development by providing another link to the county's telecommunication infrastructure within an area destined to become nanotechnology's new businesses' epicenter. The location also serves as another link to the St. Joseph Valley Metronefs dark fiber. Due to its technological use, only service personnel visit the site periodically, so that the addition of a second tower here will not negatively impact traffic in the adjacent area. r The compound will be increased by approximately 3,150 square feet and will match the existing design of the facility with newly planted evergreens and additional black vinyl-coated fencing. r Plenty of green space remains surrounding the facility allowing it to remain as aesthetically ® pleasing as before. r r r r r M Certification: Charles S. Hayes Inc. certifies that the proposed tower will be available for use by other wireless telecommunications providers on a reasonable and non-discriminatory basis and at a cost not exceeding the Fair Market Value for the use of the facilities. Designation: Charles S. Hayes Inc. designates an area to be set aside within the proposed compound for the equipment of future users of the proposed telecommunication tower. N r.°s y 14 14 u j ' Qs RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1807 Afton Court AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Robert F. & N. Maria Berger WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1807 Alfton Court, South Bend, Indiana, and which is more particularly described as follows: Lot Number 38 Norawood Manor; and this property has Tax Key Number 023-1050-3201.20, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 e_t seg., and South Bend Municipal Code Sections 2-76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et seq., and South Bend Municipal Code Sections 2-76, et se q., and has fizrther prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,Indiana,as follows: 1 SECTION I . The Common Council hereby determines and finds that the petition for real Property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et sea.,for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10,2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii, evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent(10%)of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3' E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed 2 within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five(5)years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common C ` c Filed In Clprk',s Office MOT LERK,6C�it►' ':»' i (fir ADOP1ED , $oU rya 8� 1200CouNTY-CITY BUILDING \\\ ij PHONE 5741235-9371 227 W,1 EFFERSON BOULEVARD �� ` FAX 574/235-9021 `� PEACE fj a \\� „i v SOUTH BE\'U,INDIANA 46601-1830 1865 CITY of Soul I-1 BEND STEPHEN). LuHcKE, MAYOR COMMUNITY C®N®MIC IDEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR March 23, 2011 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Berger, Robert F. & N. Maria Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Robert F. and N. Maria Berger to build a single-family home at 1807 Alfton Court. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build a single-family home at a cost of approximately $275,000 to $320,000. The project meets the qualifications for a (5) five-year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, April 11, 2011. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL&PROGRAM PAMELA C.ME ER IDUNALD E.INKS MANAGEMENT 5741235-9660 5741235-9371 ELIZABETH LEONARD FAX: 5741235-9469 5741235-9371 1200 Cou TV-CT~'BUILDING `.\ �� d PHONI;5741235-9371 227 W JEFFERSON BOULFVARZ) X ` ' FAX 5741235-9021 Sou-rH B>:Nn,1NDIANA 46601-1830 w 1865 CITY OF SouTH }SEND STFI'F FN J. LUECIE, MAYOR COMMUNITY & .ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECU'rjw DIRECTOR TAX ABA TEMEVT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: BERGER, ROBERT F. & N. MARIA DATE: March 23, 2011 On March 23,2011,a petition for residential tax abatement consideration for real property located at 1807 Alfton Court was filed with the City Clerk by Robert F. &N.Maria Berger. Pursuant to Chapter 2,Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition(a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Robert and Maria Berger intend to construct an approximate 2,300 to 2,500 square foot, single-family home. The home will have eight rooms and two and one-half bathrooms. The cost of the home is expected to be between $275,000 and $320,000 (NOTE: Because petitioner is unsure of final cost we have added 12.5%to the higher value to cover any additional costs.) . Total taxes to be abated during the(5)five-year abatement period are estimated to be$6,068 at the$275,000 level and$2,346 at the$360,000 level. Total taxes to be amid during the(5) five-year abatement period are estimated to be$9,310 at the $270,000 level and $17,832 at the $360,000 level. It should be noted that there is an existing residential tax abatement on 1807 Alfton Court that was granted CommuNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL&PROGRAM PAMELA C.ME1ER DONALD E.INKS MANAGEMENT 5741235-9660 5741235-9371 ELIZABETH LEONARD FAX: 5741235-9469 5741235-9371 South Bend Common Council RE: Berger, Robert F. &N. Maria March 23, 2011 Page 2 through Confirming Resolution Number 3644-06 on September 25, 2006. The abatement was granted to ROJO Development, Incorporated which we understand is no longer in business. The applicants do not expect to complete the construction of their home before the current abatement expires on September 10, 2011. For this reason they have submitted a new application. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in a Tax Incremental Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not required. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year residential tax abatement under Section 2-77.I, Single Family Residential Construction. 5 YEAR 23-Mar-11 BERGER, ROBERT F. & N. MARIA South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: "s 27 i(? Total Taxes Tax Abated** Tax Paid*** Assessed Value: STRUCTURE(%AV of cost) RB % f 233,750.00 233,750.00 233,750.00 LAND Value E E`1tt ?0 10,000.00 N/A N/A Gross Assessed Value 243,750.00 233,750.00 233,750.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000.00) Less Homestead Deduction (45,000.00) (45,000.00) (45,000.00) Less Supplemental Homestead Deduction 69,562.50 69,562.50 69,562.50 Base Assessed Value 126,187.50 116,187.50 116,187.50 Less Maximum Abatement Deduction N/A N/A (74,880.00) Less Non-Abated Amount N/A (41,307.50) N/A Plus Land Assessed Value N/A N/A 10,000.00 Net Assessed Value 126,187.50 74,880.00 51,307.50 Property Taxes: Assume constant tax rate of 4.4598% 4.4598% 4.4598% Gross Tax(tax rate x net assessed value) 5,627.71 3,339.50 2,288.21 Less State&County Homestead Credit: 18.6246% (1,048.14) (621.97y (426.17) Tax Due Before Circuit Breaker 4,579.57 2,717.53 1,862.04 Less Circuit Breaker Credit 1,503.94 1,503.94 0.00 Net Tax 3,075.63 1,213.59 1,862.04 Circuit Breaker Cap Circuit Breaker 1.0000% 2,437.50 2,337.50 2,437.50 Debt Service 0.5057% 638.13 378.67 259.46 Circuit Braker Cap 3,075.63 2,716.17 2,696.96 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 126,187.50 3,075.63 1,213.59 1,862.04 2 126,187.50 3,075.63 1,213.59 1,862.04 3 126,187.50 3,075.63 1,213.59 1,862.04 4 126,187.50 3,075.63 1,213.59 1,862.04 5 126187.50 3,075.63 1,213.59 1,862.04 5 year totals: 15,378.15 6,067.94 9,310.21 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at$74,880 of assessed value of structures only and does not include land assessed value. "*Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of$74,880 and adding back the land assessed value. 5 YEAR 23-Mar-11 BERGER, ROBERT F. & N. MARIA South Bend Portage Township Residential Rea!Property Tax Abatement Schedule* Estimated Project Cost: _ ' Total Taxes Tax Abated** Tax Paid*** Assessed Value: STRUCTURE(%AV of cost)" $6 b% 306,000.00 306,000.00 306,000.00 LAND Value 1310 10,000.00 NIA NIA Gross Assessed Value 316,000.00 306,000.00 306,000.00 Less Mortgage Exemption (3,000.00) (3,000.00) (3,000,00) Less Homestead Deduction (45,000.00) (45,000.00) (45,000.00) Less Supplemental Homestead Deduction (94,850.00) (94,850.00) 94,850.00) Base Assessed Value 173,150.00 163,150.00 163,150.00 Less Maximum Abatement Deduction NIA NIA (74,880.00) Less Non-Abated Amount NIA (88,270.00) NIA Plus Land Assessed Value NIA NIA 10,000.00 Net Assessed Value 173,150.00 74,880.00 98,270.00 Property Taxes: Assume constant tax rate of 4.4598% 4.4598% 4.4598% Gross Tax(tax rate x net assessed value) 7,722.14 3,339.50 4,382.65 Less State&County Homestead Credit: 18.6246% (1,438.22) (621.97) (816.25) Tax Due Before Circuit Breaker 6,283.93 2,717.53 3,566.40 Less Circuit Breaker Credit (2,248.31) (2,248.31) 0.00_ Net Tax 4,035.62 469.22 3,566.40 Circuit Breaker Cap Circuit Breaker 1.0000% 3,160.00 3,060.00 3,160.00 Debt Service 0.5057% 875.62 378.67 496.95 Circuit Braker Cap 4,035.62 3,438.67 3,656.95 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 173,150.00 4,035.62 469.22 3,566.40 2 173,150.00 4,035.62 469.22 3,566.40 3 173,150.00 4,035.62 469.22 3,566.40 4 173,150.00 4,035.62 469.22 3,566.40 5 173,150.00 4,035.62 469.22 3,566.40 5 year totals: 20,178.10 2,346.12 17,831.98 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at$74,880 of assessed value of structures only and does not include land assessed value. ***Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of$74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE BERGER, ROBERT & MARIA $360,000 LAND* BUILDING** TOTAL Year 1 $146 $3,420 $3,566 Year 2 $146 $3,420 3,566 Year 3 $146 $3,420 3,566 Year 4 $146 $3,420 3,566 Year 5 $146 $3,420 3,566 Total $730 $17,100 $17,830 *Current tax levy **Additional tax revenue from new investment ray STATEMENT OF BENEFITS 24 PAY 20 REAL. ESTATE IMPROVEMENTS State Form 55767(R2 t 1-07) FORM SB-1 I Real Property .eu Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code(check one box): ® Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.14) ❑ Eligible vacant building(IC 6-1.1-12.1-4.8) INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects"planned or committed to after July 1, 1987,and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (IC 6-1.1-12,1) 2, Approval of the designating body(City Council, Town Board, County Council,etc.)must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction,application Form 322 ERAIRE or Form 322 ERA/VBA, Whichever is applicable,must be filed with the County Auditor by the later of:(1)May 10;or(2)thirty(30)days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991,must attach a Form CF-1/Real Property annually to the application to show compliance with the Statement of Benefits. [IC 6-1.1-12.1-5.1(b)and IC 6-1.1-12.1-5.30)] 5. The schedules established under 1C 6-1.1-12.1-4(d)for rehabilitated property and under iC 6-1.1-12.1-4.8(1)for vacant buildings apply to any statement of benefits approved on or after July 1,2000. The schedules effective prior to July 1,2000,shall continue to apply to a statement of benefits filed before July 1,2000. • TAXPAYER INFORMATION:;�:� Name of taxpayer , 12 P%Pr Address of taxpayer( umber and street,city,state,and ZIP code) e. it L Name of contact person �ph number E-mail address N YVla to �er -e r' -aql � c' 9 r • • e • r•• a ••• Nam e of designating body Resolution number Location of property County 4 DLGF taxing district number AL5t-C O 7,5,r Description of real property improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimate start date(month,day,year) (y) Estimated completion date(month,day,year) Current number Salaries Number retained Salaries Number additional Salaries $ECTION4 •)TOTAL COST • • ••-a ••• 7 NOTE:Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits Flt in "fork's W Office ® CI'T'Y CLERK SOOT �P '"P. f N ECTION 6 TAXPAYER CERTIFiCATION hereby certify that the representations in this statement are true. Signature of authorized representative Title Date signed(month,day,year) Page 1 of 2 '.; �' r -•' » to a� ^ �`� ��€?, a - '� �,.� ,A ._ :� a� $' Yi4i,i ii We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years * (see below). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1,Redevelopment or rehabilitation of real estate improvements ❑Yes ❑No 2.Residentially distressed areas ❑Yes ❑No 3.Occupancy of a vacant building ❑Yes ❑No C, The amount of the deduction applicable is limited to$ D. Other limitations or conditions(specify) E. The deduction is allowed for years"(see below), We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed fmonth,day,year) Attested by(signature and title ofattestar) Designated body If the designating body limits the time period during which an area is an economic revitalization area,it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.12-12.1-4. A. For residentially distressed areas,the deduction period may not exceed five(5)years, B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitafization Area was designated prior to July 1,2000,the deduction period is limited to three(3),six(6),or ten(10)years. 2. If the Economic Revitalization Area was designated after June 20,2000,the deduction period may not exceed ten(10)years. C.For vacant buildings,the deduction period may not exceed two(2)years. Page 2 of 2 I i Sf r D CITY OF SOUTH BEND, INDIANA MAR PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common COMICil of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to 1,C., 6- 1.1.12.1-1, et se and Sourth Bead Municipal Code Sec. 2-76 et seg., for this petition states the following: 1. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project(use additional sheet for long project descriptions): ___-_----------------------------------------------------------------—-----------—-------- 2. l sri»ate the dollar value of the construction project(do not include land cost): $ �6zre'---_3;,Z C�` ��''� 2 3. The real property= for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individuals) or corporations (if the business organization is publicly held., indicate also the name of the corporate parent, if any, and the narne under which the corporation has filed with the Securities and Exchange Commission): Name Address - Interest DQJI, q16 16 4- 5 (A Cob i� Cd 11 4. The commonly known address of the Property is: �_ _ _ and having tax key no.: _ _`_�ESL?=_j1-0 I Z_0 -- (use additiona sheet for multiple addresses or key numbers), 5. A legal description of said Property(y) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A reap and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. The current assessed valuation of the property before construction is $_ «PLC C3- (ruse additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office, 235- 95 2.3), 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses); 6,c `p tk E3 `T a ;� .2 ----------- --- --3-c_-------------------------------------------------------------- A i, r 0 - ------------------ ------------------------------------- - - ---(This information maybe obtained from the St,Joseph County Treasurers office, 23.5.9531) - 10. What is your best estimate of the after completion market value of the property: $__ ��' _� �?--------- 1 11. No building permit- has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. 1_ist other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend,. South Bend Housing Authority, Housing Assistance Office, St, Joseph Counry Housing Consortium or other public financial assistance, including but not limited to public works improvements: -------------------------_------_--__-_----------------------------------------- --------------------------------------T-------------------------------------------------------- 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: --___------------------------------------------------------------------------------------ -Ivk-------------------------------------------------------------------- ---------------- 14. The current use of the property is � ? _ t � _— _------- and the current Zoning is ���_ (use). (This information may be obtained from the Building Department 235-9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the SOLIth Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): ------ -- ----------------------------------------------------------------------------- 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name ` ---- a= ;_ mm�&- ___-__ L. �------------------- ---------------�--� Address 1LJ �°_t ` ------ ___ _________ City, State, Zip — ���1L _ ? —_ _� _ c�i ----------------------------- Telephone -Sq ----c-�( L'_ -------------------------------------------------- WHEREFORE, Petitioner has paid the required fee of$50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): Filed In ClerKs Office �`p {}S�igOn�a� (Types{ or printed name and capacity) fC!IW o r-'K,RQUTH 01CMU, in EXHIBIT A LEGAL DESCRIPTION Address: 1807 Alfton Court Legal Description: Lot Number 38 Norawood Manor. Tax Key Number: 023-1050-320120 Map of 1807 Alfton Ct, South Bend, Indiana 1 MapQuest Page 1 of! Notes mapiquest Map of: 1807 Alfton Ct South Bead, IN 46614-6397 :..._, Cz-orainn Cr Fs.1k:�hin l_+r _ i t, t.. (r i 41 l' Nor,`!ich Ct fI C t O Kern Fd Lic ice I iidge I r I 20 rn 60:3 fit . ©2911 MapQuest - Portions 032011 N&V 110,Intennap M rights reserved.Use subject to License/Copyright Directions and maps are informational only.We make no warranties on the accuracy of their content,road conditions or route usability or expeditiousness.You assume all risk of use.MapQuest and its suppliers small not be liable to you for any loss or delay resulting from your use of MapQuest.Your use of MapQuest means you agree to our Terms of Use hffn•/Axi-wiv mnnmuact rnm/print` n=nnn rnrP dI144Rf1(-94f+417ria79f1fi9hh 'A0 A/1)A1 1 UF 9 III-.;I', Z, :X WX1 N i 15, Lj LV :-W WN v -------------- x, ��. ___ _ _._ a� �e � a ,� �, .+ a, , r 4��is t' �r ti� � � ti ,A ��p�_..�' s�.�Ta .�� �4 1� ", ��\� t��t � �� L �, ���� ��� ��k '����� � 'fix �-0. a � �9 a' h �t u �» `i. � -sad ik.,� �y .�`t.;' _ i :� �, .a � ��, �^ � �;anr 4. ,��x �Yfl�. �' n q�s 4, � + a; a � L"s'a? � "��uti3��a:� x' � � * ��� S � � - i 1, �?h',k 1� w �� a`awkk �, '�� 3ttxa��?�i� t �. � � s> � ('�� � s �'�r}�i z� 0'C°i� ti xr�viw�ai��x��sv�s h �} 3��„s i a {R���� s ;v a3�s������x��1�� _xi � �����x�,.��„�b��Y����°a� %��t^5��'�,^��a ���`�,�„� �. � ti � ��x�4 k 1� ����tiS��_-: .�«�M �_.__.,;-��_��- __ -___ °- -- ...�.,._. �lv_.,,,LLt��.��.t.. � u�r�,�=,.xor�i�x:�,,,�.�.:R1'�.k_s�`.�, `i.�1 � i 1 C� i Apr ■p m} r ggc MAR 2=3 JOHN VOORM ' CLERK.SOUT04 B EMDf fit, Danch, Harner & Associates, Inc. MICHAEL J. RANCH, L.A. Land Surveyors ■ Professional Engineers RAN HARNER, P.S. Landscape Architects ■ Land Planners April 1,2011 Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Vacation Petition for the vacation of alleys described as: The first east-west alley south of Cedar street Between Hill Street and St. Louis Blvd. (Approx.344 FT.) and the first north-south alley east of Hill Street between Cedar Street and Madison Street(Approx 410 FT.) situated in the Original Town of Lowell to the City of South Bend, Indiana. Dear Council Members: Our clients, Saint Joseph's Regional Medical Center-South Bend Campus, Inc., are requesting the approval of the Vacation for the first east-west alley south of Cedar street Between Hill Street and St. Louis Blvd. (Approx. 344 FT.) and the first north-south alley cast of Hill Street between Cedar Street and Madison Street(Approx 410 FT.) situated in the Original Town of Lowell to the City of South Bend, Indiana. The reason for this request is to allow for off site parking for the proposed St. Joseph High School. The Petitioners believe that vacating the above-mentioned Public Alley right-of-ways will not have a detrimental effect on the adjacent properties. If you have any questions concerning this matter, please feel free to give we a call at 234-4003. Sincerely, Michael J. Daneh President Daneh, Harney& Associates Feed ! Clerk'6 001 File#110113 , U1, JOHN VOORDVI � 1643 Commerce Drive s South Bend,IN 46628 208 West Mars a Berrien Springs,MI 49103 once 57412344003 ■ 8001594-4003 a Fax 574/234-4119 orrice 2691471-3010 ■ Fax 2691471-7237 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALI.7e'Y SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX 410 FT.) SITUATED IN ORIGINAL TOWN OF LOWELL TO THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above-described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of ,the City of South Bend having held a public hearing on the petition to vacate the following property: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX 410 FT. ) SITUATED IN ORIGINAL TOWN OF LOWELL TO THE CITY OF SOUTH BEND, INDIANA. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right- of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Tax Key Number 18-5009-0242 Tax Key Number 18-5009-0243 Tax Key Number 18-5009-0245 Tax Key Number 18-5009-0254 Tax Key Number 18-5009-0257 Tax Key Number 18-5009-0258 2 SECTION IV. The purpose of the vacation of the real property is to allow for offsite parking for the proposed St. Joseph High School. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ��. Vj- A Member of the Commo Council Attest: SRa:d:.._ :F: . . City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2010, at o'clock M. City Clerk Approved and signed by me on the day of , 2010, at o'clock M. MAYOR, CITY OF SOUTH BEND, INDIANA 1t APR y .�.� A i 1 - 3 rd PEADil!G JC HIJ V► ,, q,)W NOT CrN CL.EK e Nf?,aW RUERR'LD PA550 PETITION TO VACATE PUBLIC ALLEY RIGHTS-OF-WAY TO: THE COMMON COUNCIL DATE: March 28, 2011 OF THE CITY OF SOUTH BEND, INDIANA I (ME) , THE UNDERSIGNED PROPERTY OWNER(S) , PETITION YOU TO VACATE: THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF MILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX 410 FT.) SITUATED IN ORIGINAL TOWN OF LOWELL TO THE CITY OF SOUTH BEND, INDIANA. NAME (signed & printed) & ADDRESS Tax Key Number Saint Joseph Regional 18-5009-0242 Medical Center South Bend 18-5009-0245 Campus, Inc. 18-5009-0254 811 E. Madison Street 18-5009-0257 South Bend, Indiana 46617 For aint Joseph Regional Medical Center South Bend Campus, Inc. CONTACT PERSON: Michael J. Danch NAME: Danch, Harner & ,Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003 RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235-9221 #ed In Clerk's lj APP - 5 2011 F 50m Moopai CITY CLERK,SWTk eFfvt '. F'rilOd In ClOrWa �fflce APR 5 2011 ALLEY /Y VACA T1 �K � (SURVEY ORDERED BY: DLZ LJIA�I �A URVEY DATED: 3/28/11 PROJECT NO.: 110113 LEGAL DESCAIPTiON THE ALLEYS TO BE VACATED ARE DESCRIBED AS: THE FIRST EAST-WEST ALLEY SOUTH OF CEDAR STREET BETWEEN HILL STREET AND ST. LOUIS BLVD. (APPROX 344 FT.) THE FIRST NORTH-SOUTH ALLEY EAST OF HILL STREET BETWEEN CEDAR STREET AND MADISON STREET (APPROX 410 FT.) SITUATED IN ORIGINAL TOWN OF LOWELL TO THE CITY OF SOUTH BEND, INDIANA. w z z z LR J J R/W LINE R LINE R LINE - _ CEDAR STREET 82.5' R R/W LINE 165.00' T65.00' R W � wu Z LOT 109 LOT 115 J 165.00' (O 8 z (p LOT 110 J 8 LOT 116 0 _ 145�p O �j 1as.00 __ m W LOT 111 Q°o g LOT 117 8 {n 1 .r 01 I _j J L J LOT 112 344.00' _ � LDT 178 � SG1lE 1'w� z 1755130 1y500' z 4 LOT 113 LOT 119 n 4 ALLEYS TO OE VACATED # TED 165.00' — 165.90' ® LOT 114 $ LOT 120 8 R LINE u n R/W LIN Z b MADISON STREET 82.5' R W o� R/W LINE �. N1rllBN&Ad te1� ►!� Land Surveyors • Professional Engineers Landscape Architects- Land Planners Office; (574)234-4003/(800)$94-4003 + Fay; (574)234-4119 1643 Gammeree Drive . Sou1h Bend. NN 46628 PYrq rnv ppq ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4124 OLD CLEVELAND RD,SOUTH BEND,IN 46628, COUNCILMANIC DISTRICT ONE (1)IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT The current zoning on the property is Ll,Light Industrial District. We are looking to be rezoned to SF1,Single Family and Two Family District. We would like to have this rezoning accomplished in order to replace our barn that collapsed during the heavy snow fall that we had this past winter. Our home was built in 1888 and has been well maintained including a complete upgrade about 5 years ago. This barn is essential to our living as it is where we store our lawn equipment,Christmas decorations,etc since we have an old Michigan style basement. Being rezoned Single Family and Two Family will give us the ability to stay happy in our home for years to come. 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: SITUATED IN THE COUNTY OF ST.JOSEPH AND STATE OF INDIANA: THE EAST HALF OF THE FOLLOWING DESCRIBED TRACT: A PARCEL OF LAND IN THE EAST HALF OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 28,TOWNSHIP 38 NORTH,RANGE 2 EAST,WHICH PARCEL IS BOUNDED BY A LINE RUNNING AS FOLLOWS,VIZ; BEGINNING ON THE NORTH BOUNDARY LINE OF SAID SECTION 29,AT A POINT 333 FEET EAST OF THE WEST EIGHT CORNER; THENCE EAST 239 FEET; THENCE SOUTH 546.79 FEET; THENCE WEST 239 FEET; THENCE NORTH 546.79 FEET TO THE PLACE OF BEGINNING. PERMANENT PARCEL NUMBER: 71-03-28-100-005.000-009 FIRST AMERICAN ORDER NO: 41812215 be and the same is hereby established as SFI: Single Family and Two Fancily District. SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council,approval by the Mayor, and legal publication. I !/ t Member of the Common Coupe I- Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20___, at o'clock M. City Clerk Approved and signed by me on the day of , 20 , at o'clock m. Mayor of the.City of South Bend,Indiana e ` 9yai JOHN VOORDE .1 �,i� EC .Y I? CITY CLEF 7;.SOUTH BEND,IN ,-UPI RED PASSED Date Filed Application No. Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. I) The property sought to be rezoned is located at: 4124 Old Cleveland Rd, South Bend, IN 46628 2) Name and address of property owner(s) of the petition site: Ryan and Kathryn Fenstermaker 4124 Old Cleveland Rd South Bend, IN 46628 (574)286-3881 3) Name and address of contingent purchaser(s), if applicable: NIA 4) It is desired and requested that this property be rezoned from Ll: Li ht Industrial District to SFI: Single Family and Two Family District 5) This rezoning is requested to allow the following use(s): Maintain as a residential property as it has been for over 120 years. We wish to replace our barn that fell with the heavy snow over the winter so that we can continue to live comfortably in our home. 6) Attached is a copy of(a) legal description of the property; (b)a statement of purpose and intent;(c) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property(e)a location map, if available,drawn to scale, which includes street names,printed in 8%" x I I"format. Signature(s)of All Property owner(s) or Attorney for all prope-_rty Owner(s) PETITION PREPARED BY: CONTACT PERSON: (If different) Name: Ryan Fenstermaker (SAME) 4124 Old CIeveland Rd South Bend, IN, 46628 (574)286-3881 FenstermakerR@Istspurce.com M .els County Parcels Re PARCELIC? c NAME_1 MAILINCADf3 MAELENGCIT MAI MAILIN LIN GZIA DOLAN ALBERT G AND 1 025-1010-0374 LORETTA D 4216 W Old Cleveland Rd South Send IN 46528 LA FREE EXCAVATING L21025-1..010-037401 INC 804 Lincoln Way East Mishawaka IN 46544 ST JOE CO AIRPORT AUTH DIST CIO MICHIANA REGIONAL 3 025-1010-0378 AIRPORT 4535 Terminal Dr South Bend W 46628 FENSTERMAKER RYAN 41025-1.010-0377 J&KATHRYN A 14124 Old Cleveland Rd South Bend IN 46628 BOARD OF COMM ST 5 025-1010-0379 JOS CO COunfy City Bldg South Bend IN 46601 MENDENHALL CHE=STER MILLARD& 6 025-1010-0380 MAY E 4022 W Cleveland Rd South Bend IN 46628 INDUSTRIAL CENTRE INC% 1ST SOURCE PERSONAL ASSET 7 025-101 O-D361 I MANAGEMENT GROUP PO BOX 1602 South Bend IN 46634 i f L {NS .11 �S013 T11 O s�lltil111�/id -Cm8vINC X200 o " �`.•\ /�� PHONE 574/235-9371 227WJEFFERSDNBOLILEVARn \� iCE 1� FAx 5741235-9021 Sou H BEND,INDIANA 46601-1830 1865 CITY of SOUTH BEND STEPHEN J. LuEcKE, MAYOR COMMUNITX $X- ECONOMIC DEVELOPMENT JEFFREY V GIBNEY ExECUTIVE.DIRECTOR April 4,2011 Mr. Derek Dieter President, South Bend Common Council 4'h FIoor County-City Building South Bend, IN 46601 Dear President Dieter: The attached bill for Council consideration and approval will amend the HPRP appropriation ordinance#9967-09A which the Council passed on October 12,2009. There is no change to the overall appropriation however certain agency allocations are being adjusted.A reminder that this appropriation covers three years from July 20, 2009--July 19,2012,and that a portion of these dollars have already been expended. However, after consultation with HUD'staff in both the Indianapolis Field office and Washington, these changes are being submitted in an effort to implement a plan to better position the City and sub- grantee agencies to expend all of the HPRP dollars by the three year deadline of July 2012. The changes speak to: (1) the actual change in service provision from Madison Center to Oaklawn (2) the pattern of higher investment costs per client than originally projected so an increase in the financial assistance dollars (3) the actual contractual cost of data collection (4) small increases in YSB and CFTH administrative dollars Per the Housing and Community Development Plan and HPRP regulations,a 12 day comment period to review the changes to the HPRP Substantial Amendment occurred from March 28,2011 through April 9, 2011. A copy of this amendment was also available on the City's website. Should there be any questions on this bill please contact me at 235-5845. I esent to address this issue at the April 28,2011 meeting. Thank you. F 110d n Mork', -- office Sinc ely, APR - Jow V00 Pamela C. ever,Director 17-f CL R1 , cc:J.Gibney, J.March,L.Raygoza,E.Leonard G.Zientara COMM[INITY DEVELOPMENT ECONomic DEVELOPMENT FINANCIAL SL IfLOGRAM PAMELA C.MEYER DONALD E.INKS MANAGEMENT { 574/235-9660 5741235-9371 EvwIjB rH LEoNnD FAX; 5741235.9469 574/235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING ORDINANCE# 9967-09A TO READJUST CERTAIN DISTRIBUTIONS FOR CALENDAR YEAR 2009 WITHIN COMMUNITY DEVELOPMENT FUND (#212) STATEMENT OF PURPOSE AND INTENT On October 12, 2010, the South Bend Common Council passed Ordinance #9967-09A which appropriated a total of$1,148,607.00 in Homelessness Prevention and Rapid Re-Housing Program (HPRP) monies receivable from the United States Department of Housing and Urban Development (HUD). This Ordinance 49967-09A provided for distribution to various City agencies and non-profit private enterprises which perform services to the homeless and those in danger of homelessness to the South Bend Community in furtherance of the HUD grant purposes. Since passage of Ordinance#9967-09A, certain operational changes have occurred which require the increase of certain designated appropriations and the decrease of others. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The following distributions set forth in Ordinance #9967-09A shall be increased and decreased as follows: Name of Distributee Original New Distribution Shift Distribution (To) (from) Dismas, Inc. $ 66,163 $66,163 0.00 Center for the $507,103 $795,357 288,254 Homeless, Inc. Youth Service $221,586 Bureau of St. $223,600 2,014 Joseph County, Inc. Madison Center $265,117 $4,283 Madison $8,980 Oaklawn ($251,854) ' Dept. ofC&ED Pl $ 36,138 $ 36,138 0.00 annin &Admin. Data Collection and $52,500 $14,086 ($38,414) Evaluation Total $1,148,607 $1,148,607 $290,268 OVERALL NET CHANGE $0.00 SECTION Ill. All other terms and conditions of Ordinance ##9967-09A shall remain in full force and effect. 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. Member of the Common CounVil Attest: r a City Cleric6a and Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock m. City Clerk Approved and signed by me on the day of , 2 } at o'clock, .m. Mayor, City of South Bend, Indiana Filed in Chpmrws office APR tdG!! ,•. r ��r"i+D JOHN VOORDe CITYCIARK,SOUTH nwo, tm 1 FAISSrO r $ou JCR'AP . gyp` 1200 CouNw-QTY BuiLDim(3 ,.\ � PHoNE 5741235-9371 227 W.JEFFERSON Bou[EvAm A!AW' �� FAX 5741235-9021 Soum BEND,1NDiANA 46601-1830 r � r 1865 CITY OF Sou"TH BEND STEPi4EN J. LUECKE,MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIREcroR March 28, 2011 Derek D. Deiter,President South Bend Common Council 400 County-City Building South Bend, Indiana 46601 Dear President Deiter and Council Members: The attached ordinance will appropriate the third year of funding for Weed& Seed site#2 Northwest from the Department of Justice(DOJ). The grant award of$157,000 is for the period of July 1,2011 to June 30, 2012.A copy of the grant award documents are attached. These funds are being used for programming related to the Weed&Seed required areas of Law Enforcement,Community Policing and, Prevention, Intervention and Treatment activities. The multi-year effort for Site#2 includes the continued programs/activities of: police patrols, the time of a targeted prosecuting attorney, a home security program, an ex-offender re-entry program, a performing/visual arts/theatre youth program, graffiti clean up and foreclosure prevention education. I will present this ordinance at your meeting on April 25 ,2011. Please contact me with any questions prior to then. Thank you. Sincer�, 1 Pamela C. Meyer Director Filed In Mork s�r� Community Development cc:C.Nesbitt APR `✓' C.Dressel J. Gibney JOHN voopi E J. March CITY CLERK,SOLM- SEND Ifig J.Murphy G.Zientara COMMUN]']Y DEVELOPMENT ECONOM]c DEVELOPMENT FiNANc1AL&PROGRAM PAMELA C.MRYPR DONALD E.INKS MANAGEMENT 5741235-9660 57412359371 ELIZABETH LEONARD FAX: 5741235-9469 5741235-9371`,•^g 4� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,APPROPRIATING$157,000 RECEIVED FROM THE U.S.DEPARTMENT OF JUSTICE FOR THE WEED& SEED PROGRAM STATEMENT OF PURPOSE AND INTENT In order to deliver services to individuals within our community,the City of South Bend received funds from the U.S.Department of Justice to insure the delivery of programs,projects, and services. The funds appropriated in this ordinance will aid in the defraying costs of programming within the designated Weed& Seed Site#2-Northwest. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AS FOLLOWS: SECTION I. The sum of$157,000 is hereby appropriated within Fund 212 for use under the guidelines of the U.S. Department of Justice Weed& Seed Program. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, Member of the Common Coun ' Attest: a"14g and City Clerk r Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 ,at o'clock M. City Clerk Approved and signed by sue on the day of 2 , at o'clock M. Mayor,City of South Bend, Indiana Office APR 3 rd NOT PASSID Department of Justice t Office of Justice Programs Office ofthe Assistant Attorney General lVeabing it A.C. 20531 August 19,2010 The Honorable Stephen Luecke City of South Bend 227 West Jefferson Boulevard 1400 County City Bldg. South Bend,IN 46601.0000 Dear Mayor Luecke: On behalf of Attorney General Eric Holder,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the CCDO FY 10 Weed and Seed Program Guide and Application Kit:Continuation Sites in the amount of$157,000 for City of South Bend.'This award will enable you to support activities within your Weed and Seed designated area. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: Program Questions,William A.Ballweber,Program Manager at(202)305-2975;and Financial Questions,the Office ofthe Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,.or you may contact the CSC at ask.ocfo @usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, Laurie Robinson Assistant Attorney General Enclosures Department of Justice Office of Justice Programs Office for Civil Rights Wasknginn,D.C. 20531 August 19,2010 The Honorable Stephen Luecke City of South Bend 227 West Jefferson Boulevard 1400 County City Bldg. South Bend,IN 46601-0000 Dear Mayor Luecke: Congratulations on your recent award.In establishing financial assistance programs,Congress linked the receipt of Federal funding to compliance with Federal civil rights laws.The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice is responsible for ensuring that recipients of financial aid from OJP,its component offices and bureaus,the Office on Violence Against Women(OVW),and the Office of Community Oriented Policing Services(COPS)comply with applicable Federal civil rights statutes and regulations.We at OCR are available to help you and your organization meet the civil rights requirements that cone with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know,Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in respect to employment practices but also in the delivery of services or benefits.Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency(LEP)Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 US.C,§2000d,recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP).For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations.In general,the regulation,Participation in Justice Department Programs by Religious Organizations;Providing for Equal Treatment of all Justice Department Program Participants,and known as the Equal Treatment Regulation 28 C.F.R.part 38,requires State Administering Agencies to treat these organizations the same as any other applicant or recipient.The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities.While faith-based organizations can engage in non-funded inherently religious activities,they must be held separately from the Department of Justice funded program,and customers or beneficiaries cannot be compelled to participate in them.The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion.For more information on the regulation,please see OCR's website at http:l/www.ojp.usdoj.gov/ocr/eno.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act,as amended;the Victims of Crime Act,as amended;and the Juvenile Justice and Delinquency Prevention Act,as amended,contain prohibitions against discrimination on the basis of religion in employment.Despite these nondiscrimination provisions,the Justice Department has concluded that the Religious Freedom Restoration Act(RFRA)is reasonably construed,on a case-by-case basis,to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff,even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to the prohibitions against unlawful discrimination.Accordingly,OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups.In addition,based on regulatory criteria,OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions;an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,42 U.S.C.§3789d(c),or other Federal grant program requirements,must meet two additional requirements:(1)complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan(EEOP),28 C.F.R.§42.301-.308,and(2)submitting to OCR Findings of Discrimination(see 28 C.F.R.§§42.205(5)or 31,202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations,Assurance No.6 in the Standard Assurances,COPS Assurance No.8.13,or certain Federal grant program requirements,your organization must comply with the following EEOP reporting requirements: If your organization has received an award for$500,000 or more and has 50 or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter.Far assistance in developing an ESOP,please consult OCR's website at http:l/Www.ojp.usdoj.gov/ocr/ecop,htm. You may also request technical assistance from an EEOP specialist at OCR by dialing(202)616-3208. If your organization received an award between$25,000 and 5500,000 and has 50 or more employees,your organization still has to prepare an EEOP,but it does not have to submit the EEOP to OCR for review.Instead,your organization has to maintain the EEOP on file and make it available for review on request.In addition,your organization has to complete Section B of the Certification Form and return it to OCR.The Certification Forni can be found at http://www.ojp.asdoj.gov/ocr/ecop.htm. If your organization received an award for less than 525,000;or if your organization has less than 50 employees,regardless of the amount of the award;or if your organization is a medical institution,educational institution,nonprofit organization or Indian tribe,then your organization is exempt from the ESOP requirement.However,your organization must complete Section A of the Certification Form and return it to OCR.The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm, 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing,on the ground of race,color,religion,national origin,or sex,your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subreeipients If your organization makes subawards to other agencies,you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws,including the requirements pertaining to developing and submitting an ESOP,reporting.Findings of Discrimination,and providing language scrvices to LEP persons.State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding,please call OCR at(202)307- 0690 or visit our website at http://www.ojp.usdoi,gov/ocr/. Sincerely, Michael L,Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Programs Office of the Chief Financial Officer Washington,D.C. 20531 August 19,2010 The Honorable Stephen Luecke City of South Bend 227 West Jefferson Boulevard I400 County City Bldg. South Bend,IN 46601 -0000 Reference Grant Number:2010-WS-QX-0059 Dear Mayor Luecke: I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below; Category Budget Personnel $81,094 Fringe Benefits $10,047 Travel $7,200 Equipment $0 Supplies $24,650 Construction $0 Contractual $79,109 Other 57,233 Total Direct Cost $209,333 Indirect Cast $0 Total Project Cost $209,333 Federal Funds Approved: $157,000 Non-Federal Share: $52,333 Program Income: $0 Match is required at 75%for this grant program.The required match has been met.The non-federal share that has been incorporated in the approved budget is mandatory and subject to audit. If you have questions regarding this award,please contact: Program Questions,William A.Ballweber.Program Manager at(202)305-2975 Financial Questions,the Office of Chief Financial Officer,Customer Service Center(CSC) at(800)458-0786,or you may contact the CSC at ask.ocfoCusdoj.gov. Congratulations,and we look forward to working with you. Sincerely, Leigh Benda Acting Chief Financial Officer Department of Justice Office of Justice Programs ,y Community Capacity Grant PAGE 1 OF 3 Development Office I.RECIPIENT NAME AND ADDRESS(Including Zip Codc) 41 A=PERIOD: 010-WS-QX-0059 City ofsouth Bend 227 West Jefferson Boulevard 1400 County City Bldg. 5.PRM 0 7/0 1120 1 1 TO 06/30/20 i2 South Bend,IN 46601-0000 B 07101!201 i TO 06130!2012 6.AW2010 7.ACTION IA.GRANTEE IRSNENDOR NO. 8.SUPPLEMENT NUMBER Initial 356001202 00 9,PREVIOUS AWARD AMOUNT so 3.PROJECT TITLE 10.AMOUNTOF THIS AWARD S157,000 South Bend Weed&Scud Initiative 11.TOTAL AWARD S 157,000 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under 42 U.S.C.sections 103-105 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL ®� GRANTEE ACCEPTANCE 16,TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Laurie Robinson Stephen Luecke Assistant Attorney General Mayor 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. JWSAOT0087 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG, SUB. POMS AMOUNT X Q WS 26 00 00 157000 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 400012(REV,4-88) Department orJustice Office of Justice Programs AWARD CONTINUATION Community Capacity SHEET PAGE 2 OF 3 Development Office Grant PROJECTNOMBER 2010-WS-QX-0059 AWARDDATE 09!19/2010 SPECIAL CONDITIONS I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs(OJP)Financial Guide. 1 The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302),that is approved by the Office for Civil Rights,is a violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Govemruents,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current edition of the OJP Financial Guide,Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of OJP, 5. The recipient must promptly refer to the DOJ OJG any credible evidence that a principal,employee,agent,contractor, subgrantee,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims Act;or 2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud,waste, abuse,or misconduct should he reported to the OJG by- mai I: Office of the Inspector General U.S.Department of Justice Investigations Division 950 Pennsylvania Avenue,N.W. Room 4706 Washington,DC 20530 e-mail:oig.hotlinc@usdoj.gov hotline:(contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 Additional information is available from the DO)OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries,without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.Cf.28 C.F.R.parts 66,70. 8. Grantee acknowledges that this award has a limited obligation and payment period and is not eligible to be supplemented with funds from other fiscal years. Therefore,timely implementation of this project is required. OJP FORM 400012{REV,4-991 Department of Justice Office of Justice Programs AWARD CONTINUATION { Community Capacity SHEET PAGE 3 of J Development office m. Grant PROJECT NUM13ER 2010-WS-QX-0059 AWARD DATE 08/19,1010 SPEC1,4L CONDITIONS 9, The granteelfiscaf agent and Steering Committee recognizes that it must come into compliance with all new statutory requirements for Weed and Seed programs.See 42 U.S.C.Section 104. This includes,but is not limited to,amending its existing Operating Policies and Procedures,consistent with guidance that will be provided by CCDO,to include the U.S.Attorney(for the District encompassing the community)and the Drug Enforcement Administration's special agent in charge(for the jurisdiction encompassing the community)as voting members of the Steering Committee. 10. While specific program,strategies may vary from site to site,the planning,development and execution for the following elements shall be common to all Weed and Seed sites.These common elements are:(1)to organize and regularly convene a Weed and Seed steering committee;(2)to maintain focus on tite four components in the target neighborhood;(3)to screen applicants working with children while selecting and mobilizing resources to address neighborhood problems;and(4)to regularly revisit goals,objectives,and the implementation strategies and schedules. Failure to substantially comply with these elements is cause to discontinue grant funding. 11. The grantee agrees to require that organizations which receive grant funds certify,as part of the contract,that they have appropriate hiring policies and screening procedures for employees who will be working with youth and other residents as part of the Weed and Seed strategy. 12. Grantee agrees that if it chooses to award mini grants(sub-grants),those mini grant awards will be made for criminal justice purposes.Grantee also agrees to ensure that these procedures comply with the OJP Financial Guide. For purposes of this condition,"criminal justice purposes"shall mean those activities contemplated in the definition of "criminal justice"found in the Omnibus Crime Control and Safe Streets Act,42 U.S.0.3791(a)(1)-"Criminal justice" is defined as"activities pertaining to crime prevention,control,or reduction,or the enforcement of the criminal law, including,but not limited to,police efforts to prevent,control,Or reduce crime or to apprehend criminals,including juveniles,activities ofcourts having criminal jurisdiction,and related agencies(including but not limited to prosecutorial and defender services,juvenile delinquency agencies and pretrial service or release agencies),activities of corrections,probation,or parole authorities and related agencies assisting in the rehabilitation,supervision,and care of criminal offenders,and programs relating to the prevention,control,or reduction of narcotic addiction and juvenile delinquency." 13. Grantee agrees to submit a copy ofany revisions to the previously submitted and approved Weed and Seed Steering Committee Policies and Procedures. These revisions should be submitted to CCDO within 90 days of the adoption of the revision. 14. The grantee agrees to submit a Government Performance Results Act(GPRA)Report for each calendar year in which the grant remains open.These GPRA reports are due when specified by CCDO,reporting the results from the preceding calendar year. 15. The grantee agrees to comply with the applicable requirements of 28 C.F.R.Part 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship,religious instruction,or proselytization.Recipients of direct grants may stiff engage in inherently religious activities,but such activities must be separate in time or place from the Department of]ustice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary,The Equal Treatment Regulation also makes clear that organizations Participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. OJP FORM 40D2(REV.4-88) 1SStq ST. JOSEPH COUNTY/SOUTH BEND g010 T'gB� BUILDING DEPARTMENT 1ti14i�► /���O d , 125 S. LAFA'YETTE BLVD. ,� ��• �� d v SUITE 100 o.J ri SOUTH BEND, IN 46601 TDD4) 235-9554 � ' r� $ FAx 574-235-5541 1865 JAMES D.MARKLE,R.A. CHARLES C.BULOT MARK A.LYONS Design/Plan Review Specialist BUILDING COMMISSIONER Asst,Zoning Administrator March 30, 2011 The Honorable Derek Dieter South Bend Common Council 455 County-City Building South Bend, IN 46601 RE: Intent of Filing for Permit Fee Changes Chapter 6, Building, of the South Bend Municipal Code Dear Mr. Dieter: On December 31, 1991, the City of South Bend and the County of St. Joseph entered into an agreement to merge their building departments; and further create the "Consolidated Building Board." In 1993, by Ordinance No. 8412-93, subsection 1, the Board created the Building Department as an Enterprise Fund. It has been determined that in order to adequately maintain the Enterprise Fund, a fee increase is needed as set forth in this ordinance, The purpose of this proposal is to aid in meeting direct costs that have consistently increased since the last adjustment. Further, the method used in figuring the fees is changing to better reflect the particular demands of more complex inspections and to charge proportionately. All fee increases are based on the ICC Building Valuation table for nation-wide square foot construction costs. Adjustments have been made to this table in order to simplify its use and better reflect the local building market. I intend to present these changes at the next available scheduled Common Council meeting. Feel free to contact me if you have any questions. Sincerely, Filed In Clerk's Offl • . Charles C. Bulot, C.B.O,, C.F.M Building Commissioner '''' ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES STATEMENT OF PURPOSE AND INTENT On December 31, 1991, the City of South Bend and the County of St. Joseph entered into an agreement to merge their building departments; and further created the "consolidated Building Board". In 1993, by Ordinance No. 8412-93, Subsection 1, the Board created the Building Department as an enterprise fund. Section 6-4(f) of Chapter 6, Building, Article 1, General Provisions, requires periodic review of the permit fees charged by the Department, comparing the fees to those charged by other local governmental entities and comparing the total annual fees collected to the annual cost of operating the Department. This review revealed that the Department has been operating with a deficit in 2009 and 2010, leaving a cash reserve at the end of 2010 of$38,560. Therefore, it has been determined that in order to maintain the enterprise fund, a fee increase will be needed as set forth in this ordinance. Because the Building Department operates throughout St. Joseph County outside the boundaries of South Bend, it is appropriate that any fee increase be effective in the unincorporated portions of St. Joseph County. Accordingly, this Ordinance shall be effective upon passage of a substantially equivalent ordinance by the St. Joseph County Council. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 6, Article 1, Section 6-4 (b) of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: (b) Unless otherwise provided in the Building Code, the fees to be charged for the issuance of permits by the Department shall be paid at the time the permit is issued. (1) T4ie fee for pemits issued Ar new constfuetion and building additions shall be based upon squar-e footage of sueh new eensimetion or addition at the fellewing F&es,- a Residential!--- ( 00,000) square feet and eight een4s ($0.08) per square feet for- eaeh additional feet,square with a mininithra fee of twenty dollars ($20.00), b. Commereiah Twelve cents ($0.12) per- square footage fer- the first ene hundry thetisand (100,000) square feetage and ten een4s ($0.10) fer-each additional squafe feet, wi�a minfinum fee of twenty dollars L1_)_The fee for permits issued for residential and commercial new construction and building additions shall be based gpon the following: _..___._..,.,..,... a. Cost per Square Foot CSF times the Total Square Footage (TSF) times the Local Variable Factor(LVF)of$.00118. b. Cost per Square-Foot(CSF) shall be determined by the International Code Council Building Valuation Table in effect in January of each year. C. The cost per square foot(CSF)„by„occupancy classifications shall be amended as follows: 1. Groups F-1, F-2, H-1, H-2,_H-3,_H-4, and M shall have the same rate as A-3. 2. Groups 1-4, R-2, and R-4 shall have the same rate as I-1. 3. Groups S-1, S-2, and U shall have the same rate as R-3. d. Minimum Fee- $30.00 (2) Permits issued for all alterations, repairs, remodeling of existing structures over five hundred dollars ($500.00), fence installations, in-ground pool installations, communication towers, and utilities shall be subject to the following fee schedule: Estimated Construction Costs ..... .............................................................................Permit Fees $1.00 to 1,000.00.............................................................................2000 30.00 1,001.00 to 2,000.00.........................................................................2-5:00 35.00 2,001.00 to 3,000.00................................................................................................30:00 40.00 3,001.00 to 4,000.00.................................................................................................35.00 45.00 4,001.00 to 5,000.00.................................................................................................40:00 50.00 5,001.00 to 6,000.00.................................................................................................4500 55,00 6,001.00 to 7,000.00.................................................................................................5.0-.-89 60.00 7,001.00 to 8,000.00.................................................................................................55.00 65.00 8,001.00 to 9,000.00.......................................................................................,.........60.00 70.00 9,001.00 to 10,000.00...............................................................................................6590 75.00 10,001.00 to 11,000.00........................._.......,..........................................................7400 80.00 11,001.00 to 12,000.00.............................................................................................75:08 85.00 12,001.00 to 13,000.00.............................................................................................89.00 90.00 13,001.00 to 14,000.00.............................................................................................5500 95.00 14,001.00 to 15,000.00.............................................................................................90:00 100.00 15,001.00 to 16,000.00.............................................................................................95.00 105.00 16,001.00 to 17,000.00........................................................................................... 100:90 110.00 17,001.00 to 18,000.00............................................................................................10509 115.00 18,001,00 to 19,000.00............................................................................................110.00 118.00 2 19,001.00 to 20,000.00................................................................................:...........4 15.0 121.00 20,001.00 to 21,000.00............................................................................................x-18.00 124.00 21,001.00 to 22,000.00............................................................................................x.00 127.00 22,001.00 to 23,000.00............................................................................................124.00 130.00 23,001.00 to 24,000.00............................................................................................3-27-00 133.00 24,001.00 to 25,000.00............................................................................................x39:00 136.00 25,001.00 to 26,000.00............................................................................................x-33.00 139.00 26,001.00 to 27,000.00............................................................................................x30:90 142.00 27,001.00 to 28,000.00............................................................................................439.00 145.00 28,001.00 to 29,000.00............................................................................................142.00 148.00 29,001.00 to 30,000.00.,...I...I......I.............. ........................................ ...................145 151.00 30,001.00 to 31,000.00............................................................................................1-48.00 154.00 31,001.00 to 32,000.00............................................................................................151.00 157.00 32,001.00 to 33,000.00............................................................................................1-54.-00 160.00 33,001.00 to 34,000.00............................................................................................4 :00 163.00 34,001.00 to 35,000.00.............................................................................................160.00 166.00 35,001.00 to 36,000.00............................................................................................x63.00 169.00 36,001.00 to 37,000.00........................................................................................... 166.00 172.00 37,001.00 to 38,000.00............................................................................................169,00- 175.00 38,001.00 to 39,000.00............................................................................................172.00 178.00 39,001.00 to 40,000.00............................................................................................1-75.00 181.00 40,001.00 to 41,000.00............................................................................................178.00 184.00 41,001.00 to 42,000.00............................................................................................181.00 187.00 42,001.00 to 43,000.00............................................................................................484.90 190.00 43,001.00 to 44,000.00............................................................................................187.00 193.00 44,001.00 to 45,000.00............................................................................................190.00 196.00 45,001.00 to 46,000.00............................................................................................193.90 199.00 46,001.00 to 47,000.00............................................................................................19€r.-00 202.00 47,001.00 to 48,000.00............................................................................................x-9-9.0 205.00 48,001.00 to 49,000.00............................................................................................202.08 208.00 49,001.00 to 50,000.00............................................................................................205:90 211.00 50,001.00 to 51,000.00............................................................................................2-08.09 214.00 51,001.00 to 52,000.00............................................................................................211 A 217.00 52,001.00 to 53,000.00............................................................................................21 4.00 220.00 53,001.00 to 54,000.00............................................................................................217.00 223.00 54,001.00 to 55,000.00............................................................................................220.00 226.00 55,001.00 to 56,000.00............................................................................................200 229.00 56,001.00 to 57,000.00............................................................................................226 00 232.00 57,001.00 to 58,000.00............................................................................................229.09 235.00 58,001.00 to 59,000.00............................................................................................232 08 237.00 59,001.00 to 60,000.00............................................................................................23--5:00 239.00 60,001.00 to 61,000.00.................:................................I......I.....I............................237 00 241.00 61,001.00 to 62,000.00............................................................................................239:80 243.00 62,001.00 to 63,000.00............................................................................................24 .08 245.00 63,001.00 to 64,000.00............................................................................................243:90 247.00 64,001.00 to 65,000.00............................................................................................245:00 249.00 65,001.00 to 66,000.00............................................................................................24-7-00 251.00 66,001.00 to 67,000.00............................................................................................243:-00 253.00 67,001.00 to 68,000.00..,.........................................................................................251.00 255.00 68,001.00 to 69,000.00............................................................................................2-5-3.00 257.00 69,001.00 to 70,000.00............................................................................................25-5.0 259.00 70,001.00 to 71,000.00............................................................................................25.7.00 261.00 71,001.00 to 72,000.00............................................................................................259.00 263.00 72,001.00 to 73,000.00............................................................................................261.00 265.00 73,001.00 to 74,000.00............................................................................................263:88 267.00 74,001.00 to 75,000.00............................................................................................265-00 269.00 75,001.00 to 76,000.00............................................................................................267.00 271.00 76,001.00 to 77,000.00............................................................................................269.08 273.00 77,001.00 to 78,000.00............................................................................................200 275.00 78,001.00 to 79,000.00............................................................................................273.00 277.00 79,001.00 to 80,000.00............................................................................................209 279.00 80,001.00 to 81,000.00............................................................................................277.00 281.00 81,001.00 to 82,000.00............................................................................................279-09 283.00 82,001.00 to 83,000.00...........................................................................................AIM- 285.00 83,001.00 to S4,000.00............................................................................................283.00 287.00 84,001.00 to 85,000.00............................................................................................285 00 289.00 85,001.00 to 86,000.00...................................I.............................I.........:................287.09 291.00 86,001.00 to 87,000.00............................................................................................289.08 293.00 87,001.00 to 88,000.00............................................................................................291.00 295.00 88,001.00 to 89,000.00............................................................................................293.00 297.00 89,001.00 to 90,000.00............................................................................................295.08 299.00 90,001.00 to 91,000.00............................................................................................2-900 301.00 91,001.00 to 92,000.00............................................................................................209 303.00 92,001.00 to 93,000.00.............................................. ...........................................381.00 305.00 93,001.00 to 94,000.00............................................................................................393:80 307.00 94,001.00 to 95,000.00............................................................................................38.5:88 309.00 95,001.00 to 96,000.00............................................................................................307.0 311.00 96,001.00 to 97,000.00............................................................................................M9.0 313.00 97,001.00 to 98,000.00............................................................................................311.00 315.00 98,001.00 to 99,000.00............................................................................................31-3:90 317.00 99,001.00 to 100,000.00..........................................................................................3100 320.00 100,000 and up........................................................................................................3180 320.00 Plus,per thousand dollars ($1,000.00) of estimated construction cost thereafter, up to one million dollars ($1,000,000.00) total estimated construction cost ........................... .....8775 0.90 Plus,per one thousand dollars ($1,000.00) of estimated construction costs thereafter A40 0.60 (3) T-went y five dollars ($25 llnl Thirty dollars 30.00 for each re-inspection made by department inspectors of commercial and industrial projects. 4 {4} 9) Sixty dollars 60.00)for each additional fnal inspection necessitated by the failure to pass the previous final inspection. (7) Sign Permits. Fees shall be charges-d for the issuance of permits for the installation or erection of freestanding signs; billboards, including outdoor and off-premises signs; facia signs; marquee or canopy signs and for lettering on buildings as follows: a. Under one (1) square foot or less of display area and embellishments: No fee b.One (1) square foot to twenty-five (25) square feet of display area and embellishments: Forty dollars ($4000); c.Twenty-six (26) square feet to fifty (50) square feet of display area and embellishments: Fifty dollars ($50.00.) Sixty_dollars ($60.00 d Fifty-one (51) square feet to one hundred (100) square feet of display area and embellishments: Eighty-five dollars ($85.00); e. In excess of one hundred (100) square feet of display area and embellishments: One hundred dollars ($100,00) One hundred twenty dollars ffl20.00 : f. Temporary signs: First t ir<y (3 0) da=m, r Initial permit, Thirty-five dollars ($35.00); each thirty _J,s--of extension of a temporary permit, Forty-five dollars ($45.00). (S) Wrecking and demolition permit fees shall be as follows: a. Residential: 1._$0.02 per square foot with a minimum fee of ThiLt dollars ($30.00). Twenty- b. Commercial: 1. $0.015 er s uare foot with a minimum fee of Forty dollars $40.00 . fie dellafs ($35.00)per-stofy on building whieh have up to four thousand (4,000) square feet per step y 2. Fifty dellars ($50.00)per-story on buildings which hai,e four-thousand one (4,00 1) to ten thousand (10,000) square kvtj*Pstery, 3. Seventy five dellar-9 ($75.00)per-stefy on buildings wMeh have ten thousand one(10,00 1) to twenty five 4heusand (2,000) squafe feet per-stefy. hwad.med dellafs ($100,00)per-stefy an buildings which have ever-twenty five theusand(25,000) squaFe feet per steF�- (9) Move any one-or two-story building over public streets or alleys: {$100.04-One hundred twen -f ve dollars 125.00 (10)Move any building greater than two (2) stories in height over public streets or alleys: One hundred seventy-five dollars ($175 00). (II)The fee for installation of a wood-burning stove shall be Tbigy dollars 30.00 J per flue (including chimney and chimney connector). Section 1I. Chapter 6, Article 1, Section 6-4.1, subparts 1(c), (2)(a), 2(b), and (3)(a) of the South Bend Municipal Code be and hereby are amended to read as follows: 1) Board of Zoning Appeals.- a. Appeals and Variances - $85.00 b. Special Exceptions - $300.00 c. Each variance filed simultaneously with another variance orspecial exception - $45.00 2) Improvement Location Permit: a. First Tern: $20.00 $30.00 b. Renewal: $20.00$45.0 0 3) Document Processing/Preparation Fees: a. Zoning Verification Only - $25.80 $30.00 b. All Other Documents - $50.00 Section III. Chapter 6, Article 1, Section 6-6.4(c) of the South Bend Municipal Code be and hereby is amended to read as follows: (c) All installations of wood burning stoves shall be inspected by the Department two (2) times, one (1) each for preliminary venting work and for final, completed installation. The permit holder shall notify the Department at least twenty-four (24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of thirly dollars $30.00 shall be charged for each future inspection of that stage of work. Section IV: Chapter 6, Article 1, Section 6-10, subparts (c) and (e) of the South Bend Municipal Code be and hereby are amended to'read as follows: (c) Schedule ofpermit fees. Permits issued for plumbing work within the City shall be subject to the following fee schedule, with a minimum permit fee being thirty dollars ($30.00). Each plumbing fixture or trap or set of fixtures on one trap, including water 6 and drainage piping therefore........................................................ 6:00 6.00 Each backflow protection...................................................................................... 5:00 6.00 Each building sewer: a. Under 100'..................................................................................................... 1000 12.00 b. 100' or over......... ............................................................... 20:08 25.00 .... ......... Each building water: a. Under 100'......................................................................:.............................. 1989 12.00 b. 100' or over................................................................................................... 29:99 25.00 Eachwater softener.............................................................................................. &M 7.00 & Each trailer park sewer.................................................................................... 9--90 10.00 Each drain within building for rainwater systems,.............................................. &:80 6.00 Each water heater and/or vent............................................................................... 6,00 7.00 Eachgas reconnection......................................................................................... 20.00 30.00 10 Each gas piping system,per outlet....................................................................... . 2:09 3.00 L11)Each industrial waste pretreatment interception, including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps........... 7-.4DO 8.00 Installation, alteration or repair of water piping and/or water treating equipment.. 5-80 6.00 Repair or alteration of drainage or vent piping.,.................................................. . x:-00 6.00 .(1_41 Each drywell............................................................................................................1-0.00 12.00 Each lawn sprinkler system on any one (1) meter, including backflow protection devices thereof................................................................................... 598 6.00 Fire protection sprinkler system: a. Up to 30 heads...............................................................................................20.00 30.00 b. Plus each additional 10 heads thereafter .................................................. 7.89 8.00 (U7 Gas tanks and pumps...............................................................................................10:00 12.00 1 S Back-up enerator—gas line: a. 10 Kv or less. 30.00 b. Over 10Kv. 50.00 1U9) Each re-inspection............................................................................................... 2588 30.00 (LOI Each additional final inspection.......................................................................... 30:98 60.00 (e) All plumbing installations requiring a permit shall be inspected by the plumbing inspector three (3) times, once each for underground work, rough-enin work, and final completion. A complete line test shall also be supervised by the plumbing inspector. The plumbing permit holder shall notify the plumbing inspector at least twenty-four (24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of twenty five cellars thijjy dollars 30.00 shall be charged for each future inspection of that stage of work. Section V. Chapter 6, Article 1, Section 6-24(c) of the South Bend Municipal Code be and hereby is amended to read as follows: (c)Fees. Each application for a permit for installation or alteration of electrical wiring or equipment shall be accompanied by fees in accordance with the schedule below; with a minimum permit fee of thirty dollars($30.00): (1) Temporary service for construction: Allamperage............................................................$ 7.00 (2)Switchboards and panel boards each, new and replaced: 60-amp.............................................................. ...$ 7.00 100-amp.................................................................... 9.00 200-amp........................................................ ...... 12.00 400-amp.................................................................... 15.00 600-amp.................................................................... 20.00 Over 600-amp to 2,000 amp..................................... 25.00 Over2,000 amp........................................................ 50.00 (3) Circuits (new or replaced): a. Each circuit........................................................... 5.00 (4)Horsepower (machinery): a. First hp.................................................................. 7.00 b. Each additional hp................................................ 0.25 (5)Back_up generator: a. 10 Kv or less. 30.00 b. Over 10 Kv............. 50 00 (5)(6)Pool wiring and/or bonding..................................29:98 30.00 (6)(7)Repair, extension, and/or maintenance of wiring.........20.00 30.00 (7)(8)Reset, relocation, reconnect fees, each........................... 20.0 30.00 (8)(9)Each re-inspection fee......................................................25 9 30.00 (9)- 10 Each additional final inspection......................................�00 60.00 If the exact number of circuits or horsepower is unknown at the time of the application for a permit, a permit may be taken for the minimum amount known with new permits issued as the extent of the work is known. Section VI. Chapter 6, Article 1, Section 6-25(a) of the South Bend Municipal Code be and hereby is amended to read as follows: (a) All electrical wiring and equipment installations and alterations requiring a permit shall be inspected by the Electrical Inspector. The permit holder shall notify the Electrical Inspector at least twenty-four (24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of thirty dollars ($30.00) shall be charged for each future inspection of that stage of work. Section VII. Chapter 6, Article 1, Section 6-36.3(c) of the South Bend Municipal Code be and hereby is amended to read as follows: (c) Fees. Each application for a permit for installation of heating, ventilating, air conditioning, and refrigeration equipment or systems shall be accompanied by fees in accordance 8 with the schedule below, with a minimum permit fee being thirty dollars $30.00 . When the total capacity of any system in any single installation is provided by more than one (1) unit, the sum of the capacities of each unit and the total number of such units shall determine the fee. Q) Space heaters, each 30,000 Btu input or more........................................ 20.00-30.00 Q Warm-air furnaces, unit heaters, cabinet heaters, and radiant tube heaters: L. Up to 300,000 Btu..................................................... 20.00 30.00 b. 300,000 Btu input or more........................................................... 30.00 40.00 Oil and gas conversions: A. Up to 300,000 Btu input................................................ 20.00 30.00 b. 300,000 Btu input or more............................................................ 30.08 40.00 f ) Electric furnaces (air handling): a. Less than 100 kw input.................................................. 20:88 30.00 b. 100 kw input or more.................................................................... 30.00 40.00 Air Conditioning: a. Central, electric: 1. Less than 5 tons..................................................... 20.00 30.00 2. 5 to 10 tons.................................................................................39;88 40.00 3. Over 10 tons...............................................................................50.00 60.00 b. Water chillers..................................................................................75.00 85.00 c. EMI-air blower................................................................................20.08 30.00 Ventilating and exhaust systems: a. Less than 500 CFM capacity.................................................-5-.08 6.00 b. 500 to 1,500 CFM capacity..................................................4&08 12.00 (Plus 1.00 for each 500 CFM or fraction thereof in excess of 1,500 CFM) {7,) Ventilating commercial hoods; including make up air: a. 500 CFM to 1,500 CFM capacity.........................................38:88 60.00 b. Over 1,500 CFM capacity................................................... 60.00 120.00 Refrigeration and engine-driven, gas-fired or oil-fired cooling equipment: a. 1 to 5 horsepower, each-,.....................................................15.0() 17.00 b. 6 to 10 horsepower, each......................................................25 00 30.00 c. More than 10 horsepower, each............................................40.00 45.00 Rooftop combination furnace and air conditioning units, 60,000 to 300,000 Btu's, each: a. Up to 7 %z tons.................................................................... 40.00 45.00 b. 7 %z tons or more................................................................ 60.00 70.00 Heat pumps: a. 1,000 to 60,000 Btu's input.................................... 20.00 30.00 b. 60,000 to 300,000 Btu's: 1. Up to 7 %z tons, each.................................................44:88 45.00 2. 7 %z tons or more, each..............................................75:60 85.00 c. Earth, coupled water source...................................................50.00 60.00 Boilers, steam or hot water: a. Up to 300,000 Btu's.......... ................................ 20.00 30.00 b. 300,000 Btu's or more..........................................................30:00 60.00 12 Through-wall combination air conditioning/heating and VAV boxes w/coil: a. First unit..................................... ...29:00 30.00 b. Each additional unit................................................. ..10.09 12.00 c. Solar heat units................................................ . 50:09 60.00 Air handlers a. 400 CFM to 2,500 CFM.......................................... .23:00 30.00 b. Over 2,500 CFM......................... . .69:00 70.00 14_Back-up enerators—991 line: a. 10 Kv or less. 30.00 b. Over 10 Kv. 50.00 Duct and register: a. First 15 openings, per system. 30.00 b. Each openipg opening thereafter per s stem. 1.00 16 Gas reconnection, each.........................................................................24-99 30.00 Gas piping(distribution of piping to equipment)to be included on permit application Each gas piping system, per outlet.......................................... 1,00 3.00 j18) Woodburning stoves, per flue (including chimney and chimney connector). ............................. 29 09 30.00 (19) Each reinspection fee....................................................................... 2 5 80 30.40 (20) Each additional final inspection............................................................3(�.W 60.00 SECTION VIII. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, passage of a substantially equivalent ordinance by the St. Joseph County Council, and any publication required by law. Should the St. Joseph County Council fail to pass a substantially equivalent ordinance, this ordinance shall be of no force and effect. Attest: Member, South Bend Comm n Council City Clerk ��f,;, ;- as�a a wt e vi a # y Presented by me to the Mayor of the City of South Bend, Indiana on the day Of , 2 , at o'clock M. City Clerk 10 Approved and signed by me on the day of o'clock M. , 2 , at Mayor, City of South Bend, .Indiana CF11 In N©T /.s t-;_<v.. .UFF.'RRE'D. PASS, ; "`