Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
06-13-11 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MONDAY, JUNE 13, 2011 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB- COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 11 -43 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING CHUCK FREEBY FOR WINNING THE 20102011 INDIANA HIGH SCHOOL ATHLETIC ASSOCIATION'S DISTINGUISHED SERVICE AWARD 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 30 -11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MAPLE ROAD RUNNING NORTH AND SOUTH FROM PRAIRIE AVENUE TO THE ST. JOSEPH VALLEY PARKWAY 01 -11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, SECTION 21 -01.03 NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS, TO ADD ANEW SECTION TO PROVIDE FOR CERTIFICATION OF LEGAL NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS, AND TO AMEND AND ADD CERTAIN RELATED DEFINITIONS IN CHAPTER 21, ARTICLE 11 8. BILLS, THIRD READING TIME: BILL NO. 30 -11 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MAPLE ROAD RUNNING NORTH AND SOUTH FROM PRAIRIE AVENUE TO THE ST. JOSEPH VALLEY PARKWAY 01 -11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, SECTION 21 -01.03 NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS, TO ADD ANEW SECTION TO PROVIDE FOR CERTIFICATION OF LEGAL NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS, AND TO AMEND AND ADD CERTAIN RELATED DEFINITIONS IN CHAPTER 21, ARTICLE 11 31 -11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING BLOCK PARTY APPLICATIONS FEE 32 -11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 10, OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS 28 -11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISIONS 1,3,4 AND 6 OF THE SOUTH BEND MUNICIPAL CODE TO INCORPORATE THE ENVIRONMENTAL PROTECTION AGENCY (EPA)'S MODEL PRETREATMENT ORDINANCE 25 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS 27 -11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $9,150,000 FROM MAJOR CAPITAL INVESTMENT PROJECTS IN 2011 17 -11 THIRD 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 33 -11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $1,708,707 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE - NEIGHBORHOOD STABILIZATION PROGRAM 3 FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, MARCH 8, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 9. RESOLUTIONS f0�xojp 11 -28 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 700 WEST IRELAND ROAD, SOUTH BEND, IN 46614 11 -30 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 1019 TALBOT AVENUE AND 1023 TALBOT AVENUE, SOUTH BEND, IN 46617 11 -42 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10. BILLS, FIRST READING BILL NO. 34-11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3500 BLOCK OF EAST MCKINLEY AVENUE AND 600 BLOCK OF HICKORY ROAD, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA 35 -11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY(S) LOCATED AT 429, 423, 431, 425 COTTAGE GROVE AVENUE AND 426 CUSHING STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 36 -11 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1007 NORTH BENDIX DRIVE AND PART OF 1025 NORTH BENDIX DRIVE, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA 37 -11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2011 11. UNFINISHED BUSINESS A. REPORTS FROM AREA BOARD OF ZONING APPEALS 1. BILL 11 -44 - SPECIAL EXCEPTION- 1117 -11.19 W. WASHINGTON ST. 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. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: Maple Road running North and South from Prairie Avenue to the St. Joseph Valley Parkway. 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: SF _QB.Q.N 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: A part of the East half of Section 21, Township 37 North, Range 2 East and a part of the West half of Section 22, Township 37 North, Range 2 East, Portage Township, City of South Bend, Indiana, and described as follow: Beginning at the intersection of the South right of way line of Prairie Avenue (S R 23) and the West line of said Section 22; thence East along the right of way line of Prairie Avenue to a point that is 30 feet East of said West line of Section 22; thence South along a line 30 feet East of and parallel to, said West line of Section 22 to the North right of way line of the St. Joseph Valley Parkway (US 31 By- Pass); thence Northwest along said By -Pass right of way to a point that is 30 feet West of said West line of Section 22; thence North along a line parallel to and 30 feet West of said West line of Section 22 to the South line of Prairie Avenue; thence East along said right of way to the place of beginning. Containing 1.8 acres, more or less and being all of the right of way for Maple Road between Prairie Avenue and the St. Joseph Valley Parkway_ 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 Ill. The following property may be injuriously or beneficially affected by such vacating: Key No: 018 - 8152 -5499; 18- 8155 -5574; 018 -8152 -5501; 018.8153 -5504 & 018. 8153.5507 MapleRaedVacation241 I Vacat#onOrd#nance.doc Section_ IV. The purpose of the vacation of the real property is primarily for security. (Petitioner owns all abutting property.) 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. Member of the Common C nciI Attest: for t'. l; ound, xft 0 IZL"! 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 o'clock . m. 1 st READING PUBLIC NrARING 3 rd READIING NOT APPROY.ED REFIRPED PASSED - MspieRaadVseation2oi 1 V=ationordinance,doc 20 , at Mayor, City of South Bend, Indiana Lill" PETITION .._ PUBLIC VACATE PU,B, , , , (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: May 18, 2011 I (WE), THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE: THE STREET DESCRIBED AS: Maple Road running North and South from Prairie Avenue to the St. jos2ph Valley Parkway NAME (signed & printed) ADDRESS LOT # WJC Holdings LLC 52303 Emmons Road, Suite B -7 c/o Portage Realty South Bend, Indiana 46637 Dave Hunter (Agent for WJC Holdings) RETURN TO: OFFICE OF THE CITY CLERK .JOHN VOORDE, CITY CLERK ROOM 455 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 (574) 235 -9221 MapleRoadVacation2011 Petition.doc CONTACT PERSON: Lang, Feeney & Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 (574) 233 -1841 MAY ?011 g 4 TN R A 4 n e h A e .s L I< C� A TV:�11_1111 a p 017.10 01 �fP 'b. N a e 017- 1a12•o3zzoz 017.1012 -0322 017.1012432201 A'%1C 018.9732.3301 ,SIX v� A� L '? N< a y� �ti� -1py3A t�3 6 ri 8150.0 N h W O 4 P e LEGAL DESCRIPTION: The road to be vacated is a portia�n of Maple Road and is described as follows: j A Part of the East one half of Se tion 21, Township 37 North, Range 2 East and a pa of the West one half of Section 22, Township 37 N rth, Range 2 East, Portage Township, City of South Be d, Indiana, and described as follows: Beginning at the intersection of the South right of way line of Prairie Avenue (S R 231 and the West line of said Section 22; thence Est along the right of way line of Prairie Avenue to a point that is 30 feet fast of said West line of Sect ion 22; thence South along a line 30 feet East of and parallel to, said West line of Section 22 to th4 North right of way line of the St Joseph Valley P rkway (US 31 By— Pass); thence Northwest along said By —Pass right of way to a point that is 30 feet West of said West line of Section 22; thence rth along a line parallel to and 30 feet West of so, J West line of Section 22 to the South line of Pr iirie Avenue; thence East along said right of wa o to the place of beginning. Containing 1.8 acres, ry ore or less and being ail of the right of way for Maple Road between P�""irie Avenue and the St Joseph lalley Parkway. ry� O N^+ A O e LEGAL DESCRIPTION: The road to be vacated is a portia�n of Maple Road and is described as follows: j A Part of the East one half of Se tion 21, Township 37 North, Range 2 East and a pa of the West one half of Section 22, Township 37 N rth, Range 2 East, Portage Township, City of South Be d, Indiana, and described as follows: Beginning at the intersection of the South right of way line of Prairie Avenue (S R 231 and the West line of said Section 22; thence Est along the right of way line of Prairie Avenue to a point that is 30 feet fast of said West line of Sect ion 22; thence South along a line 30 feet East of and parallel to, said West line of Section 22 to th4 North right of way line of the St Joseph Valley P rkway (US 31 By— Pass); thence Northwest along said By —Pass right of way to a point that is 30 feet West of said West line of Section 22; thence rth along a line parallel to and 30 feet West of so, J West line of Section 22 to the South line of Pr iirie Avenue; thence East along said right of wa o to the place of beginning. Containing 1.8 acres, ry ore or less and being ail of the right of way for Maple Road between P�""irie Avenue and the St Joseph lalley Parkway. N^+ G_ e LEGAL DESCRIPTION: The road to be vacated is a portia�n of Maple Road and is described as follows: j A Part of the East one half of Se tion 21, Township 37 North, Range 2 East and a pa of the West one half of Section 22, Township 37 N rth, Range 2 East, Portage Township, City of South Be d, Indiana, and described as follows: Beginning at the intersection of the South right of way line of Prairie Avenue (S R 231 and the West line of said Section 22; thence Est along the right of way line of Prairie Avenue to a point that is 30 feet fast of said West line of Sect ion 22; thence South along a line 30 feet East of and parallel to, said West line of Section 22 to th4 North right of way line of the St Joseph Valley P rkway (US 31 By— Pass); thence Northwest along said By —Pass right of way to a point that is 30 feet West of said West line of Section 22; thence rth along a line parallel to and 30 feet West of so, J West line of Section 22 to the South line of Pr iirie Avenue; thence East along said right of wa o to the place of beginning. Containing 1.8 acres, ry ore or less and being ail of the right of way for Maple Road between P�""irie Avenue and the St Joseph lalley Parkway. 1316 COUNTY -CITY BUILDING 227 W. jEsPERSON BOULEVARD SOUTH BENS, INDIANA 46601 -1830 CITY of Souni BEND STEPHEN J. L=KE, MAYOR BQARD OF PUBLIC WORKS April 25, 2011 Mr. Dave Hunter WJC Holdings CIO Portage Corp. 52303 Emmons Road South Bend, Indiana 46637 PHONE 574/ 235 -9251 FAX 574! 235 -9171 RE: Alley Vacation -- Maple Road from Prairie Avenue South to the Bypass Underpass (Preliminary Review) Dear Mr. Hunter: The Board of Public Works, at its April 25, 2011, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation. would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The Department of Community & Economic Development stated that there appears to be no significant reason for closing this road and reconit ended the denial of the requested area. Please contact Tony Molnar at (574) 235 -9254 prior to vieldng up your radius map, You will need a radius snap showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, ` 5 Linda M- Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Cart Littrell, Engineering GARY A. GiLQT, P. F, DONALD E. INKS CARL R LiTTRELL PMIVENT Ma1BER MEMBER � � w N E70 �a 1 :z-h-N'� � � o � C? tr�� � # i!r • eW � y' i s} , ' 0 oil jj —7t{ raiii"�ons'i " f ; f i E lot l Dili i i r f ji E s t� €xE4 3 1 ir 1'II ;•_ ItfpF "N'M sd 16 v1 arY7+l w v, 'fi t3ChP O� r. 9 !I 9toz V s ' E�ot 5 ,Ai "v! rn y JAI TNNx eW � y' i s} , ' 0 oil jj —7t{ raiii"�ons'i " f ; f i E lot l Dili i i r f ji E s t� €xE4 3 1 ir 1'II ;•_ ItfpF "N'M sd 16 v1 arY7+l w v, 'fi t3ChP O� r. 9 !I 9toz V �f Z t W N �N EE lit pal � � e r Or L • _,a. BI cr•' y" 6 mt +'r IEI ,O S b 9 x y •i a �'a ]�M a N E � ae r f ,1 • E� � � 17 !� Ox �r 5 �f Z t W N �N EE lit pal � � e r Or L • _,a. BI cr•' y" 6 mt +'r IEI ,O S b 9 x y •i a �'a ]�M a N E � ae r f ,1 • E� � � 17 !� Ox �r Page 1 of 1 Jennifer Corte - Re: Vacation - Maple road From: Andre Price To: Jennifer Corte Date: 4/8/20117:55 AM Subject: Re: Vacation - Maple road This will not affect city of South Bend trash collection. Andre Price City of South Bend Solid Waste Dept. Manager of Operations 574 - 277 -8823 file://CADocuments and SettingsUCORLETocal Settings lTemplXPgrpwise14D9EBF7FSQ... 41812011 � .. b 2 �8 � 2 k k k � § § Kd§ L � �a2 Ll �a \ � § � & | ■ k o �~ g . 2 � s . � � � £ � ■ � � ° & ) zo 9 I�§ 2 ID rL k k/Bfj .a 80 3 2 K �/ak� �a/2 \/ k� k"E jr0/Lk U § 'IL u 'D ) i #gAeEa k L2§�f §u }$0 /���: -��a 22 $%i ©SE§ A < W I � .. b 2 �8 � 2 k k k � § § Kd§ L � �a2 Ll �a \ � § � & | ■ k o �~ g . 2 � s . � � � INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 4/7/2011 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl t-ittreil, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byomi, Area Plan Commission Qyomiftg.st `ose h.in.us or 235 -9813 fax) Stephen Goer, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (m riffin nisource.co.m $I"Yi Only) FROM: Linda M. Martin, Clerk SUBJECT: REQUEST FOR RECOMMENDATION - STREET VACATION APPLICANT: WJC Hodlings CIO Portage Corp LOCATION: Maple Road from Prairie Avenue South to the Bypass Underpass, DATE DUE: X115111 FAX OR E-MAIL TO: 235-9171 / Imartin@southbendin.gov RECOMMENDATIONS AND COMMENTS: There appears to be no significant xeason for closing this road, therefore, I recommend that this request be denied BY 9�2 _ M4-1� Date � % 4 ennl er ore - e: —ion - Maple road a e From: Stephen Goen To: Jennifer Corle Date: 4/11/20117:16 AM Subject: Re: Vacation - Maple road No Objectlons This message may contain confidential and /or proprietary information, and Is intended for the person /entity to whom it was original addressed. Any use by others Is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >> > Jennifer Corte 4/7/2 0113.39 PM >>> Please return your recommendations a.s.a.p. errn� e1 11 o e - E, Vacation - Maple roa a e From: Federico Rodriguez To: Jennifer Corle Date: 4/11/20117:34 AM Subject: Re: Vacation - Maple road Approved S.B.F.D Federico "Chico" Rodriguez Fire Marshal South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574- 235 - 7564(0) 574 - 235- 9305(F) frodrlaufibsouthbendin.gov >>> Jennifer Corte 4/712011139 PM >> > Please return your recommendations a.s.a.p. Jennifer Carle - Re: Vacation - Maple road From: Chris Dressel To: Jennifer Corle Date: 4115/20117:46 AM Subject: Re: Vacation - Maple road CC: Nancy Schrader Attachments: Nancy Schrader Recommended for approval. Christopher D. Dressel Planner Bicycle Coordinator Weed and Seed Coordinator City of South Bend Division of Community Development 1200 County-City Building 227 W. Jefferson South Bend, IN 46601 Phone: 574 -235 -5847 Fax: 574 - 235 -9469 rdressel2south bendin.gov >>> Jennifer Carle 4/7/20113:39 PM >>> Please return your recommendations a.s.a.p. 0 Page 1 of 1 file: / /C:1Documents and SettingsUCORLETocal SettingslTempiXPgrpuise14DA7F7D5S ... 4/15/2011 JOHN W BYORNI EXECUTIVE C?IRECTOR LARRY MAGLIOZZi DEPUTY DIRECTOR A COMMISSION OF ST. JOSEPFA COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY SLDG. SOUTH BEND. INDJANA 46601 (574) 235-957f April 13, 2011 City of south Bend Board of Public Works 13`h Floor, County -City Building South Bend, Indiana 46601 RE: Right -of -Way Vacation Applicant: WIC Holdings, Inc, c/o Portage Corporation Vacation of Maple Road from Prairie Avenue (State Road 23) to the U.S. 20 Bypass Dear Board Members: The staff has reviewed this petition. It is the staffs opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The petitioner owns all the adjacent properties along the right -of -way to be vacated. It is our understanding that the vacation will not only address security and maintenance issues for the property owner but will also assist in marketing the property for development. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. Access to the adjacent parcels will not be affected since the petitioner owns a large percentage of the adjacent undeveloped land (see attached map), It appears that an existing private driveway located within the right- of-way to be vacated will continue to provide access to two existing houses if currently occupied. The petitioner owns both of the parcels on which these two houses are located. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. The right -of -way to be vacated does not provide access to any church, school or other public building or place. SERVING: ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND vvvvw,stjosephcounWndFana.com/Ar4maplan (4) The vacation would not hinder the use of a public way by the neighborhood in which it is Located or to which it is contiguous. Excluding the two houses as previously mentioned, the right -of -way to be vacated does not provide access to any of the adjacent undeveloped properties. Due to the above stated reasons, the staff recommends that the proposed right-of-way vacation be approved. Please contact our office if you have any questions or need any additional information. Sincerely, 1 75. erek Spier, AICP Planner E: I V,4C,477ONSUOMCityMaple Road from Prairie Rve (St. Rd 23) to the Bypass.d v c ., , JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR EA PLAN CQMMISSION OF ST. JOSEPH COUNTY, IN 227 W. jEFFERSON BLVD_ ROOM 1 140 COUNTY-CITY BLDG, SOUTH SEND. INDIANA 46601 May 1 S, 2011 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 (574) 295 -9571 () t RE: An Ordinance of the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code, Article 1 Basic Provisions, Section 21- 01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs, to add a new section to provide for Certification of Legal Nonconforming Lots, Uses, Building, Structures or Signs and to amend and add certain related definitions in Chapter 21 Article 11 - AFC# 2582 -11 Dear Council Members: I hereby Certify that the above referenced ordinance of Common Council of the City of South Bend, Indiana was legally advertised on Thursday, May 5, 2011 and that the Area Plan Commission at its public hearing on Tuesday, May 17, 2011 tools the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the Ordinance of the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code, Article I Basic Provisions, Section 21 -01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs, to add a new section to provide for Certification of Legal Nonconforming Lots, Uses, Building, Structures or Signs and to amend and add certain related definitions in Chapter 21 Article 11, as amended, is sent to the Common Council with a favorable recommendation. This ordinance establishes a formal process for the review and certification of legal non - conforming uses, allowing the Building Department to collect a wide range of information so as to make an informed decision. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincere�yom ly,, hn JWB:jsc Attachment SERVING: ST JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY.OSCEOLA & ROSELAND w . sxjosephcountyindiana .com /AreapIan Staff Resort APC # 2582 -11 Owner: Common Council of the City of South Bend, Indiana Location: Text Amendment Jurisdiction: City of South Bend Requested Action: An Ordinance of the Common Council of the City of South Bend, Indiana, amending Chapter 21 of the South Bend Municipal Code, Article 1 Basic Provisions, Section 21 -01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs, to add a new section to provide for Certification of Legal Nonconforming Lots, Uses, Buildings, Structures or Signs, and to amend and add certain related Definitions in Chapter 21, Article 11. Additional: information: The proposed amendment establishes a more formalized procedure that determines whether a property can qualify as a legally established nonconforming use of land. The amendment proposes required and suggested submission materials, an application and fee, and the issuance of a certificate, if appropriate. Recommendation: Based on information available prior to the public hearing the staff recommends this petition be sent to the Common Council with a favorable recommendation. Analysis: This ordinance establishes a formal process for the review and certification of legal non- conforming uses, allowing the Building Department to collect a wide range of information so as to make an informed decision. Common Council of the City of South Bend, Indiana #2582-11 Page 1 of 1 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, SECTION 2101.03 NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS, TO ADD A NEW SECTION TO PROVIDE FOR CERTIFICATION OF LEGAL NONCONFORMING LOTS, USES, BUILDINGS, STRUCTURES OR SIGNS, AND TO AMEND AND ADD CERTAIN RELATED DEFINITIONS IN CHAPTER 21, ARTICLE 11. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. Now that the ordinance has been in use, it has been determined that it is desirable to add a section to the ordinance to provide for certifying legal nonconforming lots, uses, buildings, structures and signs. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1, Basic Provisions, Section 21 -01.03 Nonconforming Lots, Uses, Buildings, Structures or Signs, is hereby amended by replacing sub - section (b) with the following, new sub - section (b), and re- lettering the remaining sub - sections, as follows: b Certificate of Legally Established Nonconforming Use of Land. In order to protect the lawful nonconforming status of a noncon ormin lot use building, structure or sign, a person who Dams or operates said nonconforming lot, use, building,_ structure or sin shall request a Certificate of Legally Established Nonconforming Use of Land. The applicant prior to the issuance of the Certificate of Legally Established Nonconformin Use of Land shall bear the burden of proof to demonstrate that the lot use building, structure or sign was legally established per the requirements of this section. Submitted materials shall include but not be limited to the following: a completed application, on a form properly signed-and notarized-by-the owner of the subject property, and which submittal shall include at a_minimum: legal description of the property; a site location map: peopegy tax identification number; township assessor property cards; recorded documents such as contracts liens or leases-, EA0RD1NANCES\Zoning\South Bend\Drafted AmendmentslNonConforming Use\AMD -TO- NEW -ORD NON CONF.doc business records that provide insight into the establishment or continuing use of the property, photographic evidence, of Code Enforcement records; and qny other information deemed gpproRriate by the Zoning Administrator to determine the legal status of the nonconforming lot, use, building, structure or sign as a lawful nonconforminia use and for the proper administration and enforcement of this Ordinance such as but not limited to: lease and building hi- stories lijy bills, ciy directory listings historical ads building_l2ermim zoning and variance histories affidavits etc. a fee as established in Title b of the South Bend Municipal Code• (b)to(C) (e) to (d) to Lel (e) to (1) ()toW (g) to (h) (h) tom 0) to w (j) to(k) (k) to (D (1) to f� (m) to Lnj (n) to LOJ RESOLUTION NO. _L0_1 9 8 9 A RESOLUTION OF THE BOARD OF PUBLIC WORKS ESTABLISHING POLICIES AND PROCEDURES FOR BLOCK PARTIES AND SIMILAR EVENTS WHEREAS, pursuant to Indiana Code 36- 9 -6-3, the Board of Public Works has authority over and the right to regulate the use of public rights- of--way within the City of South Send; and WHEREAS, persons wishing to use and block vehicular access to the public right -of -way trust obtain approval to do so from the Board of Public Works; and WHEREAS, the Board receives numerous requests for permission to use and black vehicular access to the public right -of -way for special activities such as block parties, hog roasts, neighborhood meetings and similar events; and WHEREAS, the Board supports restricting access to portions of the City, if such eventis) are based on the Support of citizens residing in the neighborhood or is for the benefit and participation of those residents; and WHEREAS, the ever increasing number of requests for approval to hold said events makes it necessary for the Board to establish policies regulating the use of and blocking of access to the pubic right -of -way. THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend. that the following policies shall be applicable to all such events where there is a request for use of and the blockage of access to the public rights -of -way. All approvals granted by the Board for such events shall be subject to these policies: 1. All requests for approval to use and block access to the public right-of-way shall be filed with the Clerk of the Board of Public Works, 1300 County -City Building., not less than ten (10) working days prior to the proposed date of the event. All requests must be made on the prescribed Application Form (see Attachment fi All 2. The Board shall refer all such requests to the Police Department Traffic Bureau and the Bureau of Traffic and Lighting; for review and recommendation as to the necessary traffic control measures, traffic safety equipment and materials to ensure safe conduct of the event,. Each Bureau shall,t.horoughly review each request and forward its written recommendation to the Board within five (5) working days after receipt of the request. 3. Naps showing the specific location Of the use of ,public right -of -way requested are encouraged but not mandatary. 4. The Board may deny any request if it determines that the proposed event will constitute a public safety hazard, will conflict with any other event, is not au event which is consistent with the type of event described above in unnumbered paragraphs 3 and 4 or would interfere with normal City operations ar services. 5. The Board may require the sponsor of any event for which approval is granted to 'provide a Certificate of Insurance showing required personal property damage insurance and liability insurance in an amount determines{ by the City. In all such requirements, the City must be named as a co- insured. In addition or alternatively, the Board may require that the sponsor indemnify and hold the City harmless from any and all damages, injuries, losses, claims or demands or costs proximately caused by default, culpability or negligence of the sponsor in connection with the event for which approval was granted. The required Certificate of Insurance or Indemnification'Agreement must be filed with the Board not later than two (2) working days prior to the scheduled event. 6. Nothing in this Resolution shall be construed to mandate approval by the Board or to'prevent the Board from imposing additional conditions or restrictions (such as date and hours of operations limitations) it deems necessary or desirable in carrying out the general purposes of this Resolution. Adopted this 6'�A day of -110. '... �A— / , 1989. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS JPHN E. LESZCZYNSKY, PRESIDENT A�L-1,411 I, �61 PATRICIA DBCLERCQ KATPERINE HUMPHREYS ATTEST: Sandra M. Parmerlee, Clerk BPw2lblockres JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY MRECTOR kN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 May 17, 2011 Honorable Common Council Of The City of South Bend 4+h Floor, County -City Building South Bend., Indiana 46601 RE: Bill # 01 -11 A bill of the Common Council of the City of South Bend amending Chapter 21 of the zoning ordinance. Dear Council Members: The following changes have been made to the Ordinance for the above- referenced petition: ORDINANCE: • Page 1: Section 1: line 3: an changed to and ® Page 1: (b) line 3: may changed to shall • Page 2: (d) and (k) are no longer underlined e Page 3: (g)(1)(13): otherwise is one word Attached is the amended ordinance, approved by the Area Plan Commission on May 17, 2011. If you have any further questions, please call me at 574- 235 -9571. Sincerely, 1 Christa Nayder Planner SERVING ST, JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND W W W.ST JOSE HCOUNTYINDI ANA, COM 1400 COUNTY -07Y BLuLDTNG 227 W. jEFFF.RsoN BOULEVARD SouTH BEND, INDIANA 46601 -1830 CHARLEs S. LEONE QTY ArroRNE.Y CITY of Soum BENT? STEPHEN J. LuRcKE, MAYOR DEPARTMENT OF LAW Mr. Derek Dieter President, South Bend Common Council 4`h Floor, County -City Building South Bend, IN 46601 PHONE574/235 -924I FAX 5741235 -7670 ALADEAN M. DERosE CHIFT ASSISTANT C=ATroRNEY May 18, 2011 Re: Ordinance Approving Block Party Fee and Withdrawal of Resolution 11 -31 Dear President Dieter; Please withdraw from Council consideration Bill No. 11 -31 which was a Resolution approving an application fee of $25.00 for block parties and similar events requiring closure of the public right-of-way, and also approving a Board of Works Resolution concerning this fee. In the place of Bill 11 -3 I, the Board of Public Works is submitting a new Ordinance which does not include a recommended dollar figure for the application fee, but which permits the Common Council to insert whatever dollar amount, the Council as a body deems to be fair, reasonable, and appropriate for the cost of such an application. It appeared to be the consensus of the Council's Personnel & Finance Committee that $25.00 was inadequate to cover costs and to discourage single person events which were not in the nature of a true neighborhood gathering, The Board of Works will defer to the Council in setting an equitable fee, which is the Council's prerogative as City fiscal body. Public Works Director Gary Gilot and I will present this Ordinance to the Council at its Personnel and Finance Committee meeting and at the regular meeting. I would appreciate it greatly if the Council's Personnel and Finance Committee could schedule a meeting to discuss this Bill prior to June 13 when the Council would normally hear this Bill in committee. I also attach a copy of the Board of Works' itemization of City costs incurred to act on an application to temporarily close a public right of way. As noted previously, that total cost is $165.12 per application. Thank you for your consideration of this Bill. Sincerely, `'"Aladean M. DeRose Chief Assistant City Attorney Cferi , 7 AMDIcw do 2Wr1 yw ,. ;O1"kf . TuomAs L. BODNAR CHERYL A. GREENE ANN -CAROL NAsH ANDREA L. BFACHKOFSKY LAWRENCE j. METETVER ]EFFREY L. SANFORD .JOHN E. BRODEN LEGAL DEPARTMENT INTEROFFICE MEMORANDUM TO: Common Council Members FROM: Aladean M. DeRose Chief Assistant City Attorney RE: Block Parties Pending Bills 11 -31 and 31 =11 DATE: May 20, 2011 At the Council's Personnel and Finance Committee meeting on May 9, 2011, Council members asked about Board of Works Procedures for block parties. Attached are Board of Works Resolution #57 -2008 enacted August 25, 2008 and the original Resolution 10 -1989 enacted March 6, 1989, both regulating temporary blockage of the public right -of -way for block parties and similar special events. You also have already a copy of Board of Public Works Resolution 20 -2011 in your packet for Bill 11 -31 which essentially restates the policy in Resolution 57 -2008, but adds a $25.00 application fee and a new application form. RESOLUTION N0.10-19$9 1 WHEREAS, the Board of Public Safety of the City of South fiend, ;Indiana, is empowered by law to establish rules and regulations for the South Bend Police Department; and WHEREAS, it is in the interest of the City of South Bend that ;the Police Department holidays be set with certainty. NOW, THEREFORE, BE IT RESOLVED, by-the Board of Public Safety of the City of South Bend: SECTION I. That the following days be holidays in 1990 for all sworn members of the South Bend Police Department: New year's Day Good Friday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day Monday, January 1, 1990 Friday, April 19, 1990 Monday, May 28, 1990 Wednesday, July 4, 1990 Monday, September 3, 1990 Monday, November 12, 1990 Thursday, November 22, 1990 Friday, November 23, 1990 Tuesday, December 25, 1990 n addition to the nine (9) designated holidays listed above, sworn fficers "of the South Bend Police Department may choose one 1) additional holiday from the holidays listed below: Martin Luther King, Jr.'s Birthday Monday, Lincoln's Birthday Monday, Washington's Birthday Monday, Columbus Day Monday, Deadlines for the selection of this one the Chief. January 15, 1990 February 12, 1990 February 19, 1990 October 8, 1990 (l) holiday may be set by ADOPTED this (il' day of ( ('i -'�Y, ��.i 1989. a ' 4. The Board may deny any Application if the Board, in its sole discretion, determines that the proposed event: (i) will constitute a public safety hazard; (ii) will conflict with any other event within the City; (iii) is not an event which is consistent with the type of event described in this resolution; (iv) the event would interfere with normal City operations or services; or (v) upon receiving an unfavorable recommendation from any of the entities described in Paragraph 3, above. 5. The closing time for block parties approved by the Board shall be no later than 8:00 p.m. unless the Applicant presents evidence to the Board which the Board, in its sole discretion, believes is sufficient evidence to warrant the granting of a special exception to the 8:00 p.m. closing time. 6. If alcohol is to be served or sold at the event, the Applicant shall submit a Certified Check or Money Order in an amount stated on the Application and shall be required to provide the names and contact information for three (3) security guards employed by Applicant in order to monitor underage drinking. 7. All Applicants shall be required to comply with all rules and regulations stated on the Application, the related Permit/Agreement and Instructions, as each may be amended from time -to- time, including, but not limited to, compliance with the City's noise ordinance. 8. The Board may require the sponsor of any event for which approval is granted to provide a certificate of insurance evidencing personal property damage insurance and liability insurance in an amount determined by the Board. In. all such requirements, the City shall be named on the certificate as a co- insured. In addition, or alternatively, the Board may require that the spt)nsor indemnify and hold the City harmless from any and all damages, injuries, losses, claims or demands or costs which the City may suffer or incur as a result of any claims or actions arising out of the event. Applicant shall file the required certificate of insurance and/or indemnification agreement with its Application. 9. Nothing in this Resolution shall be construed to require approval by the Board, nor prevent the Board from imposing additional conditions or restrictions that the Board, in its sole discretion, deems necessary or desirable in carrying out the general intents and purposes of this Resolution. ADOPTED this4day of 2008. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ATmsT. Linda M. Martin, Cl rk Gary •A. Gilot, President P.Li. l, Member s, ember 1400 Co€ im -Crn BTxLDiNG 227 W. JEFFERsoN BouLEvARD Soum SEND, INDIANA 46601 -1830 Crzx of SouTH BEND STT -PHEN J. LuECKE, MAYOR DEPARTMENT OF 1./'IW PHONE 5741235 -9241 FAX 574/235 -7670 CHARLES S. LEONE Ar.AnEAN M. DERos.I CITYATroRNEY June 9, 2011 CHIEFAssIsrANTCnYA'rroxNEY Mr. Derek Dieter President, South Bend Common Council 4th Floor, County --City Building South Bend, IN 46601 Re: Substitute Ordinance Amending of the South Bend Municipal Code Concerning Firearms Bill 32 -11 Dear President Dieter: Please accept for filing with the South Bend Common Council a Substitute Ordinance which amends Chapter 13, Article 10 and Chapter 19, Article 3 of the South Bend Municipal Code. This Substitute Ordinance includes a non - substantive change to the Statement of Purpose and Intent, and minor changes to Section 13 -94, Subsections (a) and (b) to conform exactly to the language of LC 35 -47 -11.1. Thank you again for your consideration in this matter. CLS /cw Sincerely, /`l_ Charles S. eone City Attorney F#I I" Clr r Office 101 - 9 ail crry �,Vr V i�i7OR66 THOMAS L. BODNAR CHERYL A. GREENE ANN -CAROL NASH JEFFREY M. JANKOWSKI LAWRRNcF J. MFTEIVER JEFFREY L. SANFORD JOHN E. BRODEN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 14, AND CHAPTER 19, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS STATEMENT OF PURPOSE AND INTENT Chapter 13, Article 10, Section 94 et sec.. of the South Bend Municipal Code were originally adopted in February 1994 pursuant to "Home Rule" powers granted to local municipalities. Thereafter, the Indiana legislature enacted I.C. 35 -47 -11 and now I.C. 35 -47- 1 1.1 which substantially restricts city's ability to regulate anything concerning firearms. This ordinance deletes those portions of Chapter 13, Article 10, Sections 94 et Leg. and also Chapter 19, Article 3, Section 44 of the South Bend Municipal Code which are inconsistent with or in derogation of T.C. 35- 47- 11.1 -3 while exercising the residual regulatory powers over firearms granted to cities by state law. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend as follows: Section 1. The title of Chapter 13, Article 10, is amended to read as follows: ARTICLE 10. SELECT-ED WEAPONS AND INSTRUMENTS OF VIOLENCE PROHIBITED FIREARMS AT PUBLIC MEETINGS Section II. Chapter 13, Article 10, Section 13 -94 is hereby deleted in its entirety. Section III. Chapter 13, Article 10, Section 13 -95 is hereby renumbered as Section 13 -94 and amended to read as follows: Sec, 13 -9-54. Definitions. The following definitions shall apply throughout this Article: 100mr... 17M."Mrm M1101 ~01 ,_ (2) Any semiautematie shetgun with r° (3) Firearms as defined in 1. Q 35 47 1 5, whieh 1mve thfeads, jugs, or- ethef grenade launcher-, flash suppressor-, or felding sfoek to the ; and belt, (5) A detaehab! drum, a eapaefty of ean be readily feste-r-e-LOF lwa.nweffed te aeeept more than fifteen (15) retinds of MR.), eembinatien of paFts which are designed and intended selely exel si,,,ely for assembling a fireafm defined te be an assa-ult weapon 3S defined abEwe, of ffe which an assa-uh we on could be assembled into an operable assa-ul! weapen-1,"'01, located in the possession or under- the eentrej of one (1) per-son. spent eaftridge is ejeeted, and the weapon Feleaded and fired, by the _- _e t i A- fl. -A f i 1, ... as generated in fir-ing er by the fer-ee of the rweil, resulting in the weapon eefitinuing te fire as long as the trigger- s depressed `w) Chambered shall inean -ready to fire. (e) Gommunio, Germetien Offleei- shall mean any governmental ageney te over-see indiN,i"ais who are in eustedy for allege eenvioted of avielation of the law. (f) Dealer shall have the meaning set fej4h in 1. G.35 474-& f Firearms shall have the meaning set forth in 1. C. 35- 47 -1 -5. Public tY.leetin shall have the meanin set forth in I.Q. 5- 14 -1.5 c individual, (i) Aftnor shall fnean any per-son whe is under- eighteen (18) years ef-age-. 0) Per-son shall , pat4ner-ship { f , or- seeie4y. (k) Rifle shall mean a weapon designed or- redesigned, made er femade, and usually fired ftem the shoulder w-hieh has spiral grooves eut in !he bore to use tk-eflff (m) Seeurky guar4 services shall mean an entity or individual that e,,-, }C- 7- YpCC s. «e.. r.. serviee - -- the «r - - - - -n for L,; «e (n) Semi outematie shall mean any weapen w-hieh fires a single projeetile for each Section 1V. Chapter 13, Article 10, Sections 13 -96 through 109 inclusive are hereby deleted and reserved. Section V. Chapter 13, Article 10, Section 13 -110 is hereby renumbered as Section 13- 95 and amended to read as follows: Section VI. Chapter 13, Article 10, Section 13 -111 is hereby renumbered as Section 13- 96 and amended to read as follows: Sec. 13 -444 96. penalties and confiscation of firearms. (a) Any person kRmd intentionally displaying a firearm in violation of this divisiert Article shall be issued an ordinance violation citation with a fine of un to f4f4y aOdlarS ($50.00) two thousand five hundred dollars ($2,,500.00) fines r^r all ..ubse,,uen4 viol *iens Citations shall contain the date, time, name, and address of the violator, the Code section violated, the nature of the violation, location of the violation, and the name of the person issuing the citation. The citation shall have instructions thereon as to the disposition of the citation. (b) Any firearm found displayed in violation of this pert Article shall may be seized and ^^� held for evidence. Said firearm may only be returned upon proof of payment of any and all citations issued for such violation(s), and upon providing valid proof of ownership of said firearm; MTPW .W Section VII. Chapter 13, Article 10, Sectionsl3 -117 through 13 -122 are hereby deleted and reserved. Section VIII. All Division titles of Chapter 13, Article 10, are hereby deleted. Section IX. Chapter 13, Article 10, Sections 13 -97 through 13 -122 are hereby reserved. Section X. Chapter 10, Article 3, Section 19 -44 shall be amended to read as follows: (a) No person shall bring into or have in his possession in any park or park - street any firearm, gun, pistol, switchblade, hunting knife, dagger, metal knuckles, chain, slingshot, bow and arrow, firecrackers, terpedees, fireworks or other missile propelling er explosive devices, blowgun, any dangerous lethal instrument, harmful solid, liquid, aqueous, effervescent, gaseous substance or other dangerous weapon or substance while on or within a City park or park- street, except by specific permission of the board. (b) Shooting or propulsion of any missile, pellet, shot, arrow, dart or other thing by 4 means of any fireafm, compressed air or gas propulsion device, bow, slingshot or propelling device of any kind, nature or description, into, upon, across, through or against, any lands, the air above same or the waters or the lands below same, or any ways, walks, buildings, structures, swimming pools, or the interior of any structures, shelters, buildings or facilities, owned or under the control, operation, supervision or management of said Board is prohibited, unless done under a permit granted by said Board or within a regularly conducted event authorized by, or conducted by, said Board or the Superintendent of Parks and /or Recreation of the Department of Public Parks of the City of South Bend, Indiana. ,(c Nothing in this Section shall be construed to contravene I.C. 35- 47- 11.1 -3. Section XI. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member, South Bend Common Council oppowfty for pl., ;, Co on f p��i Wa 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. st READING S 3 PUBLIC HEARING 3 rd REAUNG NOT APPROVi D REFERRER PASSED Mayor, City of South Bend Filed tri Clerk,,. JUN 5 i ON WORD CITY CLERK $OUT f SIEND, '�3 � CITY OF SOUTH BEND STEPHEN J. LuECKE, .MAYOR DEPARTMENT OF PUBLIC WORKS May 3, 2011 Mr. Derek Dieter, President South Bend Common Council Mr. Oliver Davis Chairman of Utilities Committee South Bend Common Council In Re: Revision to Chapter 17, Article 2, Divisions 1, 3, 4, and 6 Dear President Dieter and Chairman Davis: The attached ordinance is offered for Council consideration. Chapter 17 of the municipal code, which regulates the use of and industrial discharge to public sewers, is being revised. The revision is a requirement of the City of South Bend's National Pollutant Discharge Elimination System permit to implement an approved Industrial Pretreatment Program. Changes in federal pretreatment regulations mandate a revision to Chapter 17. In addition, discharge limitations have been revised for pH and arsenic to protect the environment and South Bend's publicly owned treatment works. The format and order of Chapter 17 have also been revised in order for it to be easier for both South Bend staff and local industry to read and implement. A draft revision was provided to local industries currently regulated through the pretreatment program. Additionally, a public notice of the revision was advertised in the South Bend Tribune in January of this year. One set of comments was received, and those and a draft response are attached. I will make the formal presentations and am available anytime if you have questions. Sincerely, k [ C Fly CfOvr'�. 1 E A j 711 Al Greek Division Director — Environmental Services i3 ,I,,E CI'�'iE'CL24 €(,, � � ;x��H E_.VE% Department of Public Works Engineering Water Works Central Services Streets Wastewater Clary A. Gilot, Director Carl P Littrell, P.E. David Tungate Matt Chlebowski I Sam Hensley Al Greek 574/235 -9251 Fax 574/235-917] 574/235 -9251 Fax 574/ 235 -9171 5741235 -9322 Fax 574/ 235 -5595 574/235 -9316 Fax 574/ 235 574/235-9244 5741277 -8515 f -9007 Fax 5741235 -9272 Fax 574/ 277 -8980 i/N Tek and 11N Kate 30755 Edison Road New Carlisle, IN 46552 IN Tek Nkod N Kote February 4, 2011 United States Environmental Protection Agency Region 5, Water Division, WN -16J NPDES Support and Technical Assistance Branch 77 West Jackson Boulevard Chicago, Illinois 60504 Attention: Ash Sajjad Subject: Comments on the Public Notice for Modification of Publicly Owned Treatment Works(POTW) Pretreatment Program - City, of South Bend, IN Dear Mr. Sajjad, Thank you for the opportunity to comment on the proposed changes to the City's Municipal Ordinance with regard to the Pretreatment Section. our comments are as follows: 1. Sec. 17 -8 (c) (14) - Page 21, Any waters or wastes _having_a _pHlower than 6.0 will be prohibited. This will require our permit to be modified, since our current Permit # 161591 -88966 has a minimum pH limit of 5.0. A minimum pH limit of 6.0 is typically applied as a water quality standard for the discharge into a water of the state in order to protect wildlife. However, it is not necessary to specify such a limit on a pre- treatment facility since the final treatment facility (i.e., the POTW) has the capability to adjust the pH prior to discharge; to surface waters. The waiver of a pH limit at internal treatment facilities is recognized by the EPA as acceptable as long as the final treatment system discharge has a water quality based pH limit (see for example, 40 CFR 420.07). 2. Sec. 17--8 (d) (6) - Page 23, Any Industrial User operatinq under a 12ermit incor oratin e ivalent mass or concentration limits calculated from a p__roduction -based Standard shall notify -the Director within, two 2� }_ business days after the User.hasa reasonable basis to know that the production level Partnerships between subs €diodes &ArtelorMfMo! and Nippon Steel CorporoHon a oracre ora action rate. We currently provide our production data to the City of South Bend on a monthly basis in the Monthly industrial Wastewater Discharge Report. The concern is having only 2 days to report a change before it happens in the next calendar month. Something as routine.as a week Zang maintenance outage can have a big impact on monthly production. What is considered to be a significant change? 3. Sec. 17 -10 (a)(i) -- Page 29, Users shall rovide facilities necessary for com fiance- shallfbe sub'ect to erioaic ins ect%on b the Cit to f At'Qrmi rvo 4-1 1- .v,,_U r_ -,I ... - - -- - -- -- �y . LIIUIL1 LUL 111 x"eCOr . Does this mean written approval is required to modify or improve facilities? The above language seems to require approval before treatment facilities can be modified or constructed and yet hold the discharger accountable to insure that the discharge is acceptable. The City should not be in the position of approving treatment systems unless they are walling to accept the consequences of the failure of the approved system to meet discharge limitations. It is incumbent upon the discharger to meet the permit limits and they should be allowed to do whatever is necessary to do so. Partnerships between Wbsrdiaries of dreelo►Mittol and Nippon Steel corporctian 4. Sec. 17- 10(x)(2) - Page 29, only into_snecific_sew;ers, relocate and/orY� consolidate noin.ts of discharge, se arate sewage wastestreams from industrial wa.stestreams. and ru w ana aezermine the User' compliance ance with the re' irements o this Division., This new requirement is a concern because it may require a suspension of operations during peak flow periods and significant modifications to our facilities. 5. Seca 17-10(a) (3) - Page 30, The Urectox_ may Assuea soiei for -tiow-ecLualization. This new requirement is a concern because it may require significant modifications to our facilities. While we have some ability to equalize flow, wastewater storage facilities are limited. Please contact me at (574) 654 -1317 if you have any questions Sincerely, David R. Lisak Environmental Manager I/N Tek I/N Kote 7009 3410 0001 4391 5017 PRETREATMENT CC: Kim Thompson, City of South Bend, IN i i I ('odnerships between svbsidioaies olArcelorMitta1 and Nipport Steel Corporotion Responses to IN TEK Comments on the Public Notice for Modification of Publicly Owned Treatment Works (POTW) Pretreatment Program — City of South Bend, IN I. Sec 17 -5 ( c ) (14) - Page 21, Any waters of wastes having a pH lower than 6.0 will be prohibited. This will require our permit to be modified, since our current Permit # 161591 -88966 has a minimum pH limit of 5.0. A minimum pH limit of 6.0 is typically applied as a water quality standard for the discharge into a water of the state in order to protect wildlife. However, it is not necessary to sped such a limit on a pretreatment facility since the final treatment facility (i. e., the POTW) has the capability adjust the pHprior to discharge to surface waters. The waiver of a pH limit at internal treatment facilities is recognized by the EPA as acceptable as long as the final treatment system discharge has a water quality based pH limit (see for example, 40 CFR 420.07). The determination to revise the minimum pH limitation was made due to problems associated with the conveyance of wastewater rather than the ability to ultimately treat and discharge water meeting pH water quality standards. The City of South Bend (City) hay` encountered several cases in which low pH discharges have been associated with damage to the POTW, specifically to pipes and structures in the collection system. Additionally, due to the nature of the material (sewage) being conveyed in the POTW, the addition of low pH discharges contributes to hydrogen sulfide generation which leads to corrosion, POTW worker safety concerns, and nuisance odors. . The lower pH limitation is being revised to address these concerns, and will remain at 6.0. 2. Sec. 17 -8 (d) (6) — Page 23, An Industrial User operating under a ermit 1 production-based Standard shall notify concentration D� ectoritwithm � `� from a q o 2 business days after the User has ,a reasonable basis to know that the production level will significantly change within the next calendar month Any user not notifying the Director of such anticipated-change will be required to.,meet the mass or concentration limit in its permit that .were based on the original estimate of the longterm average production rate. We currently provide our production data to the City of South Bend on a monthly basis in the Monthly Industrial Wastewater Discharge Report. The concern is having only 2 days to report a change before it happens in the next calendar month. Something as routine as a week long maintenance outage can have a big impact on monthly production. What is considered to be a significant change? - The purpose of this provision is to require Industrial Users to notify the Director (POTW Control Authority) when production levels change significantly enough to require a modification to limitations contained in the Industrial Users permit. In this case, any increase in production levels sufficient to cause the industrial user to be unable to comply with limitations in the permit would be significant. Note that this would only apply to Iimitations that were developed from production based categorical standards, and only in the case that those limitations were more stringent than local limitations. In the IN Tek — 1/N Kote discharge permit, the only limitations developed from production based standards are lead and zinc. If the production rate were to increase significantly enough that the discharge limitation might change, the user would be required to notify the Director within (2) days of having a reasonable basis to know. Failure to submit this notification would result only in the user having to comply with the existing limitations in the permit. Note: the discharge limitations for lead and zinc in I/N Teks — UN Kote's permit were adjusted using the combined wastestream formula to account for both dilution waters and wastewater regulated by two different categories, and therefore only the pollutant load allocated for the production based standard would be modified in the formula, resulting in only an indirect modification of the final limitations. 3. Sec 17 -10 (a) (1) —Page 29, Users shall provide wastewater treatment as necessary to comply with this Division and shall achieve compliance with all State, or the Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the User's expense. Detailed plans describing such facilities and operating procedures shall be . submitted to the Board or its_ designee for review, and no -construction shall be commenced until approval in writing is granted. The review of such plans and 61__11•__ 1'_._. 1__ /`.__.__.1 ...... .. City under the provisions of this Division. All facilities necessary for compliance shall be subject to periodic inspection by the City to determine, that such facilities are being operated in conformity with applicable Federal, State, and local law. The owner shall maintain operational records of the influent and effluent to show the performance of the treatment facilities and for comparison against City monitoring records. Does this mean written approval is required to modify or improve facilities? The above language seems to require approval before treatment facilities can be modified or constructed and yet hold the discharger accountable to insure that the discharge is acceptable. The City should not be in the position of approving treatment systems unless hey are willing to accept the consequences of the failure of the approved system to meet discharge limitations. The City appreciates your comments on Section 17 -10 (a)(1), and shares concern regarding the "approval" of pretreatment equipment. The purpose for the this provision is to allow the City of South Bend (City) to review proposed modifications to industrial facility to determine if those modifications comply with the conditions of the existing permit. The City's intent is not to approve the design or anticipate performance. The following change had been made: (1) Users shall provide wastewater treatment as necessary_ to comply with this Division and shall achieve compliance with all cate oocal Pretreatment .Standards : Local Limits and the -is acceptable to the City under the provisions of this Division. Aft and effluent to show the performance of the treatment facilities and for comparison against City monflorincy records. 4. Sec 17 -10 (a) (2) -- Page 29, Whenever deemed „necessary, he Director .may require Users to restrict their dischar eg_ durin"eak flow periods, designate that certain wastewater be dischgged,only into specific sewers relocate and /or consolidate points of discharge, separate sewage wastestrea is from industrial '.. waststreams,and such other conditions as may be necessary to protect the PO TW and determine the User's compliance with the re uirements of this Division. This new requirement is a concern because it may require a suspension of operations during peak flow periods and significant modifications to our facilities. The following revision has been made: Whenever deemed necessary the Director may require Users to their disGha. naJ 4..a no_ L {o. , eriods: designate t hat certain wastewater be discharged only into specific Sec 17 -10 (a) (3) — Page 30, The Director maw require and erson discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization. This new requirement is a concern because it may require significant modifications to our facilities. While we have some ability to equalize glow, wastewater storage facilities are limited. This provision was included in the revised code to be used only when conditions required. The City does not anticipate that any existing Significant Industrial User would be required to restrict their flow in anyway. This type of requirement would be implemented if the volume or pattern of discharge created a potential public health or environmental concern. It is further anticipated that this type of requirement would be implemented as a condition of obtaining a new connection to the sewer, if deemed necessary. . ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISIONS 1, 3,4 AND 6 OF THE SOUTH BEND MUNICIPAL CODE TO INCORPORATE THE ENVIRONMENTAL PROTECTION AGENCY (EPA)'S MODEL PRETREATMENT ORDINANCE STATEMENT OF PURPOSE AND INTENT The U.S. Environmental Protection Agency (EPA) Office of Wastewater Management published its most recent Model Pretreatment Ordinance in January 2007. The City of South Bend's adoption of this Model Ordinance by amending the South Bend Municipal Code at Chapter 17, Article 2, Divisions 1 and 3 will enable South Bend to comply fully with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et se q.) and the General Pretreatment Regulations (Title 40, Code of Federal Re lations [CFR] Part 403. It will further protect South Bend's water treatment processes, and it will enable South Bend to comply with its National Pollutant Discharge Elimination System (NPDES) permit conditions, as well as any other State and Federal laws to which a publicly owned wastewater treatment works is subject. This ordinance also amends Chapter 17, Article 2, Divisions 4 and 6 to conform to the amendments of Divisions I and 3, and all amendments to the South Bend Municipal Code within this ordinance are in the best interest of South Bend, its citizens, and its water resources. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that Chapter 17, Article 2, Divisions 1, and 3 shall be amended in their entirety to read as follows: SECTION I. Chapter 17, Article 2, Division 1, Section 17 -5 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -5 Definitio" Abbreviations. The following abbreviations when used in this Article, shall have the following designated meaning: BOD — Biochemical Oxygen Demand BMP — Best Management Practice BMR -- Baseline Monitoring Report CFR — Code of Federal Regulations _ CIU— Categorical Industrial User COD — Chemical Oxygen Demand EPA — U.S. Environmental Protection Agency or a duly authorized official of that a enc _GPD — Gallons Per Day IDEM— Indiana Department of Environmental Management IU— Industrial User mg 11— milli per liter NPDES— National_ Pollutant Discharge Elimination, System NSCIU— Non - Significant Categorical Industrial User POT'W - Publicly Owned Treatment Works RCRA — Resource Conservation and RecovM Act SIU— Significant Industrial User TSS- Total Suspended Solids_ U.&C. -- United States Code SECTION 11. Chapter 17, Article 2, Division 1 of the South Bend Municipal Code shall be amended to add a new Section 17 -5.1 to read in its entirety as follows: Sec. 17 -5.1 Definitions. As used in this aArticle: Lal Act (or "the Act') shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1257 et seq. Ammonia (or NH3 -N) shall mean the same as ammonia nitrogen measured as nitrogen. The laboratory detenninations shall be made in accordance aith procedures set forth in "Sfandafd „ as defined in this aFtiele. Approval Authority shall mean the Administrator of the United States Environmental Protection Agency, Region V. {dl Authorized or Duly Authorized Representative of the User means LU if the User is a corporation: Q The president, secretary, treasurer, or a vice-president of the corporation in char ee_principal business function, or an. other person who performs similar policy or decision - making functions for the comoration: or ii The manager of one or more manufacturing, production, or operating facilities= provided_ the manner is authorized to make management decisions that govern the _operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct 2 other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations, can ensure that the necessary systems are established or actions_ taken to gather, complete and accurate information individual wastewater discharge permit requirements - and where authority to sigg documents has been assigned or dele ated to the manager in accordance with co orate procedures. Q If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively. M If the User is a Federal, State, or local government facility: a director or highest official _ ppointed or designated to oversee the operation and 12erformance of the activities of the government facilfty, or their desi ee. The individuals described in paragraphs 1 through 3 above may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position, responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. (e ) Best Management Practices or BMPs_ means schedules of activities, _prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in Division 2 in Section 17.8 of this Article [40 CFR 403.5(a)(1) and (b)j. BMPs include treatment_ requirements, operating procedures, and practices to control plant, site runoff,_ spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. LQ Biochemical oxygen demand (or BQD) of sewage, sewage effluent, polluted waters or industrial wastes means - the �te- t -whie c�eer mig i s use !he k water- or- wastewater- while stabilizing decemposable --r-anie maffef hafl • "Standard rr artiele. the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five(5) _days at 20 degrees centigrade, usually expressed as a concentration e. m /l W Board shall mean the City of South Bend acting through its Board of Public Works or duly authorized officials or boards acting in its behalf. lhi Building (or house) drain means the lowest horizontal piping of building drainage system ' which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to a point approximately five (5) feet outside the foundation wall of the building or house. 3 (1) Building drain (sanitary). A building drain which conveys sanitary or industrial sewage only. (2) Building drain (storm). A building drain which conveys storm water or other clean water drainage, but not wastewater. Q Building (or house) lateral sewer means the extension from the building drain to the sewage system or other place of disposal. (Also called house connections.) (1) Building sewer (sanitary). A building sewer which conveys sanitary or industrial sewage only. (2) Building sewer (storm). A building sewer which conveys storm water or other clean water drainage, but not wastewater. Caronaceous biochemical oxygen demand (or CBOD) of sewage, sewage effluent, polluted waters or industrial wastes means the rate at which microorganisms use the oxygen in water or wastewater while stabilizing decomposable carbonaceous organic matter under aerobic conditions. The laboratory determinations shall be made in accordance with procedures set forth in "Standard Methods" as defined in this article. W Cate orical Industrial User CIU means an Industrial User subject to a categorical Pretreatment Standard or cateizorical .Standard. Chemical oxygen demand (or COD) of sewiage, sewage effluent, pellut aer-s er- industFial wastes is means a measure of the oxygen aparaity Methods)' reauired to oxidize all compounds, both organic and inorganic. in water. (m) City means the City of South Bend, Indiana. Ln) City Engineer means the City Engineer of the City, or his authorized deputy, agent or representative. Lol Collector sewer means a sewer whose primary purpose is to collect wastewaters from individual point source discharges. �p) Combined sewer means a sewer intended to receive both wastewater and storm or surface water. 4 W Commercial user means any establishment involved in a commercial enterprise, business or service which based on a determination by the City discharges primarily segregated domestic wastes or wastes from sanitary conveniences. (r) Compatible pollutant means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree. The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of eighty (80) percent or greater. Minor incidental removals in the order of ten (10) to thirty (30) percent are not considered substantial. Examples of the additional pollutants which may be considered compatible include: (1) Chemical oxygen demand, (2) Total organic carbon, (3) Phosphorus and phosphorus compounds, (4) Nitrogen and nitrogen compounds, (5) Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works). s Control AuthoritE means the City of South Bend's Division of Environmental Services. (t) Daily Maximum means the arithmetic average of all effluent samples for a pollutant collected during a calendar day. (u) _Daily Maximum Limit means the maximum allowable discharge limit of'a pollutant during a calendar day. Where Daily Maximum Limits'are expressed in units of mass the daily discharge is the total mass discharged over the course of the day. __ Where Daily Maxim_ um Limits_ are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. Ly) Debt service cost means the average annual principal and interest payments on all proposed revenue bonds or other long -term capital debt. Lw) Director means the Director of the Envifenmental Sen,iees Public Works of the City of South Bend, Indiana, or his the Director's authorized deputy, agent or 5 representative. (x_j Effluent data means information necessary to determine the identity, amount, frequency, concentration, temperature or other characteristics of any pollutant discharged. W Equivalent connection means the ratio of the cross - sectional area of a water meter connection to the cross- sectional area of a 5/8" water meter connection. The following table displays the "Equivalent Connection" of various size water meters: Equivalent Water Meter Size Connection 5/8" 1.0 3 /a" 1.4 1 " 2.5 1 '/4" 4.0 5.8 2" 10.0 3" 23.0 4" 41.0 6" 92.0 8" 164.0 10" 256.0 12" 369.0 Lz) Excessive strength surcharge means an additional charge which is billed to users for treating compatible sewage wastes with an average strength in excess of "normal domestic sewage." (aa) Exist ng Source means any source of discharge that is not a "New Source." bib Fecal coliform means any of a number of organisms common to the intestinal tract of man humans and animals, whose presence in sanitary sewage is an indicator of pollution Lee) Floatable oil means oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the City. Force main means a pipe in which wastewater is carried under pressure. G fee) Garbage means any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce. fM Governmental user means any Federal, State or local governmental user of the wastewater treatment works. Grab Sample means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (1 S) minutes. huh Heavy demand substances are means concentrations of phosphorus, ammonia, suspended solids of or biochemical oxygen demand in sewage which exceed the levels established in this Code. ii Incompatible pollutant means any pollutant that is not defined as a compatible pollutant, including nonbio degradable dissolved solids, and further defined in Regulation 40 CFR Part 403. �J) Indirect Discharge__ Industrial Discharge _or Discharge means the , introduction of pollutants into the PQTW from an nondomestic source. • „•__� fkkk) Industrial user means any manufaetwing disehar-ges industrial waste to a wastewMer, treatment we See User. {j)l Industrial wastes means any solid, liquid or gaseous substances or form of energy discharged, permitted to flow or escape from an industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resource carried on by a person and shall further mean any waste from an industrial sewer. mm In means the water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. (Infiltration does not include and is distinguished from inflow.) Lnn) In means the total quantity of water from both infiltration and inflow without distinguishing the source. oo Inflow means the water discharged into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leader, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, 7 drains from springs and swampy areas, manhole cover, cross connections from storm sewers, and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage. (Inflow does not include and is distinguishable from infiltration.) fip) Inspector means the person or persons duly authorized by the City through its Board of Public Works to inspect and approve the installation of building sewers and their connection to the public sewer system. (aa) Instantaneous Limit means the maximum concentration . of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite_d sample collected, independent of the industrial flow rate and the duration of the sampling. event. Lrr) Interceptor sewer means a sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility. ss Institutional uUser means any establishment involved in a social, charitable, religious, and/or educational function which, based on a determination by the City discharges primarily segregated domestic wastes or wastes from sanitary conveniences. j�q) Interference means a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, causes a violation of the City's NPDES permit or prevents sewage sludge use or disposal in compliance with any of the following statutory /regulatory provisions or permits issued thereunder, or any more stringent State or local regulations; Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. (uu) Local Limit means specific discharge limits develoned and enforced by the City-upon industrial or commercial facilities to implement-the general and specific discharge prohibitions listed in 40_ CFR 403.5(a)() and (b). (vv) May means the indication of a discretionary condition. A44 means fililligraffis per- liter-. (ww) Medical Waste means isolation wastes, infectious a eg_nts, human blood and blood products, pathological wastes,_ sharps body parts, contaminated bedding, 8 surgical wastes potentially contaminated laboratory wastes, and dialysis wastes. xx Monthly AveM e means the sum of the concentrations of all "dail discharges' measured during a calendar month divided by the number of "daily discharges" measured during that month. (w) Monthly Average Limit means the highest allowable average_ of "dailx discharges" over a calendar month, calculated as the sum of the concentrations of zz National Categorical Pretreatment Standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. 1317) which applies to a specific category of industrial users and which appear in 40 CFR, Chapter 1, Subchapter N, Parts 405- 471. aaa Natural Outlet means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water. b( bb) New source means: (a)L1.) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (4)La) The building, structure, facility or installation is constructed at a site at which no other source is located; or (2)fb) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at any existing source; or (4)Lq) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be 0 considered. (b) Q Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of section (a)(2) for (3) I c above but otherwise alters, replaces, or adds to existing process of production equipment. (e)fj) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (4)Laj Begun, or caused to begin, as part of a continuous on -site construction program a fi) Any placement, assembly, or installation of facilities or equipment or b-CiD Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (2) Lb) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. ccc Noncontact Coaling _Water means water used for cooling that does not come into direct contact with any- raw material intermediate product, waste roduct or finished product. (ddd� Nonresidential discharger means any 'user of the sewer system who discharges a nondomestic effluent into the system by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. (Specified in 40 CFR Part 403 at "industrial user.") eee Normal domestic sewage (for the purpose of determining surcharges) shall mean wastewater or sewage having an average daily concentration as follows: S.S ............................ BOD ......................... Ammonia- Nitrogen ....... Not more than 250 mg/I Not more than 250 mg /I Not more than 25 mg/1 III] Phosphorus ................. Not more than 10 mg/l As defined by origin, wastewaters from segregated domestic and /or sanitary conveniences as distinct from industrial processes. NPDES permit means National pollutant discharge elimination system permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of Public Law 95 -217. fggg) Operation and maintenance cost means and includes all costs, direct and indirect, necessary to provide adequate wastewater collection, transport and treatment on a continuing basis and produce discharges to receiving waters that conform with all related Federal, State and local requirements. (These costs include replacement.) Lhhh) Other service charges means tap charges, connection charges, area charges, and other identifiable charges other than excessive strength surcharges. iii) Pass through &hA means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, aleng alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation. OW pH means a measure o the aciditv or alkalina o a solution expressed in standard units. r akk) Person means any and all persons, natural or artificial, including any individual, firm, company, municipal or private. corporation, partnership, copartnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Indiana, the United States of America or other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by context. 1,D} Phosphorus (or P) means the chemical element phosphorus. The ,.,b,,....*ery Methods" determinations shall be made in aeeer-danee m4th pr-eeedidres set kFth in "Standard as defined in this aAiele�; mmm Plumbing Inspector means the authorized agent of the Building Commissioner having responsibility for administration of the provisions of this oArticle as such may pertain to plumbing work. 11 Lnnn) Pollutant means dredged spoil solid waste, incinerator residue, filter backwash sewage, garbage, sewage sludge, munitions Medical Wastes chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g nH, temperature, TSS, turbidity color. BOD, COD, toxicity, or odor). 000 Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lien of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR Section 403.6(d); and shall include all applicable rules and regulations contained in the Code of Federal Regulations as published in the Federal Register, under Section 307 of PL 95 -217, under regulation 40 CFR Part 403 pursuant to the Act, and amendments. (p Pretreatment requirement shall: means any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard. fqqq) Pretreatment standard (or standards) shall means prehibitive prohibited discharge standards, categorical pretreatment standards or local limits. Lrrr) Private sewer means a sewer which is not owned by public authority. sss Prohibited Discharge Standards or Prohibited Discharges means absolute prohibitions against the discharge of certain substances• these prohibitions al2year in Division 3, Section 17 -8_(c of this Article_ ttt Properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one -half (1 /2) inch in any dimension. uuu Publicly owned treatment works (or POTW) means a "treatment works," as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the City. This definition includes any devices or systems used in collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. vvv ) Public sewer means a sewer which is owned and controlled by the public authority and will consist of the following increments: collector sewer, interceptor sewer, force main, pumping station. 12 (www} Pumping station means a station positioned in the public sewer system at which wastewater is pumped to a higher level. xxx Replacement costs means the expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. (KKy Residential mUser means a user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, etc. . _ Sanitary sewer means a sewer which carries sanitary and industrial wastes, and to which storm, surface and ground water are not intentionally admitted. aaaa Septic Tank Waste shall mean any sewage from holding tanks such as vessels chemical toilets caml2ers, trainers and se tic tanks. (bbbb Sewage means the combination of the liquid and water - carried wastes from residences, commercial buildings, industrial plants and institutions (including polluted cooling water). The three (3) most common types of sewage are: (1) Sanitary sewage means the combination of liquid and water - carried wastes discharged from toilet and other sanitary pumping facilities. (2) Industrial sewage means a combination of liquid and water - carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water). (3) Combined sewage means wastes including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer. cccc Sewage treatment plant means any arrangement of devices and structures used for treating sewage. dddd Sewage works means the structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids. eeee Sewer means a pipe or conduit for carrying sewage. 13 Shall means mandatory. (Mg) Significant ilndustrial mUser (SM) shall ine : Except as provided in Mara anhs (3) and �4L of this Subsection —a Significant Industrial User is means:. (a) (D A uUser subject to categorical pretreatment standards; or (b} A uUser that: (1) (i) Discharges an average of twenty -five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, non - contact cooling and boiler blowdown wastewater); (2) ii Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (-3) iii Is designated as such by the City on the basis that is has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, (OM The Ci1y may determine that an Industrial User subject to categorical Pretreatment Standards is a Non - significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day d of total categorical wastewater fexcluding sanita non - contact coolie and boiler blowdown wastewater, _unless specifically included in the Pretreatment Standard ) and the following conditions are met: The Industrial User ,prior to the City's finding, has consistent) complied with all applicable categorical Pretreatment Standards and Requirements; ii The Industrial User annually submits the certification statement required in Division 3, -Section 17.10 _ (p)(5)(b) of this Article. [see 40 CR 403.12(8)1, together with any additional information necessary to support the certification statement-, and iii) The Industrial User never discharges any untreated concentrated wastewater. (e) L41 Upon a finding that a uUser meeting the criteria in subsection (2) of this part has no reasonable potential for adversely affecting the POTW's 14 operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a uUser, and in accordance with procedures in 40 CFR 403.8(t)(6), determine that such u User should `not be considered a sSignificant €Industrial uUser. L) ,Significant noncompliance or (SNQ sha4 means: (a) �D Chronic violations of wastewater dDischarge limits, defined here as those in which sixty -six (66) percent or more of wastewater measur-emews taken all of the measurements taken for the same pollutant parameter during a six - month period exceed (by any magnitude) the daily maximum limit er- avmge limit for- the same pellWant pammeter by my affie a numeric Pretreatment Standard or Requirement, including instantaneous limits as defined by 40 CFR 403.3(l); (b) Q Technical (Review eCriteria (TRC) violations, defined here as those in which thirty -three (33) percent or more of w,,ste ate- all of the measurements taken for eaeh the same pollutant parameter during a six - month period equals or exceeds the product of the daily maximum limit -EW the— average —limit the numeric Pretreatment Standard or Requirement including instantaneous limits, multiplied by the applicable c-ritefia TRC T( RC ° 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); (e) fl) Any other die violation of a Pretreatment Standard or Requirement that the Director des determines has caused, alonge or in combination with other dDischarges, ilnterference or pl?ass tThrough (including endangering the health of Bureau POTW personnel or the general public); (d) (0 Any discharge of a pollutants that has caused imminent endangerment to to pub! human health, welfare, or to the environment, or has resulted in the $ereau's POTW's exercise of its emergency authority to halt or prevent such a discharge; (0 M Failure to meet, within ninety (90) days of after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (f) f Failure to provide, within thirty (30) days after the due date, any required reports, ifieludin g such as baseline monitoring reports, ninety (90) day compliance reports, periodic self monitoring reports, and reports on compliance with compliance schedules; 15 I-" ) Failure to accurately report noncompliance; (h) 0 Any other violation(- or group of violations, which may include a violation of Best Management Practices which the Bureau Director determiries will adversely affect the operation or implementation of the local pPretreatment program. iiii Slug (or slug load) sW means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards set forth in section 17 -8 herein, or any discharge of a non - routine, episodic nature, including, but not limited to, an accidental spill or non - customary batch discharge'which has a. reasonable potential to cause Pass Through or Interference or in any other way violate_ Pretreatment_ Standards_ or Requirements. Standard methods means the laboratory procedures approved by the EPA and set forth in 40 CFR, Part 136. (kkkk) Storm sewer means a sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and /or industrial wastes are not intentionally admitted. 1111 ) Storm Water means any flow occurring during or following any form of natural p recr p station, and resultin g from such precipitation, a ncluding_nowmelt. „ mmmm Total solids means the sum of suspended and dissolved solids. nnnn Total Suspended Solids or TSS or Sus ended Solids or SS means the total suspended matter that floats on the surface of or is suspended in water, wastewater, or other liquid,_ and that is removable by laboratory filtering. The concentration shall be expressed in milligrams per liter. 00oo Toxic amount means concentrations of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to the Clean Water Act (PL 95- 217). (pppp) Unpolluted water is means water of quality equal to or better than the 16 effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. (gggq) User or Industrial User.ffq means a source of indirect discharge. User charges means a charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to Section 204(b) of Public Law 92 -500. ssss User class means the division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities, (i.e. residential, commercial, industrial, institutional, and governmental in the User Charge System). tqt Volatile organic matter means the material in the sewage solids transformed to gases or vapors when heated to five hundred fifty (550) degrees Celsius for fifteen (15) to twenty (20) minutes. uuuu Wastewater means water. in which sewage has been diseharged. liquid and water- carried industrial wastes and sewage from residential dwellings_ commercial buildings, industrial and manufacturing_ facilities. and institutions whether treated or untreated which are contributed to the POTW. Wastewater Treatment Plant or Treatment Plant means that portion of the POTW which is designed to .rovide treatment of municipal sewage and industrial waste. Watercourse means a natural or artificial channel for the passage of water either continuously or intermittently. xxxx Wholesale user means any municipal governmental entity which has entered into an intermunicipal contract with the City of South Bend for wastewater treatment service. SECTION III The title of Chapter 17, Article 2, Division 3 of the South Bend Municipal Code shall be amended to read as follows: DIVISION 3. GENERAL USE OF PUBLIC SEWERS PRETREATMENT OF WASTEWATER AND DISCHARGE PERMITS. SECTION IV. Chapter 17, Division 3, Section 17 -8 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -8. General purpose; prohibited 17 discharges; discharge standards (a) General purpose. This Division 3 of Chapter 17, Article„ 2 of the South Bend Municipal Code flDivision) shall apply to all Users of Publicly Owned Treatment Works. This Division authorizes the issuance of wastewater dischar a ermits and provides for monitoring, compliance and enforcement activities. The specific objectives of this Division are: To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operations; To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, ---inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works; M To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public, To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works: Q To provide for fees _for the _equitable distribution of the cost of operation, maintenance, and _ improvement of the _Publicly, Owned Treatment Works, and To enable the City to comply with its National Pollutant Discharge Elimination System conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment_ Works is subject. (a) Lb) General prohibitions. No person User shall discharge, introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pl ass tThrough or iInterference. These general prohibitions apply to all u Users of the POTW whether or not they are subject to categorical pPretreatment s Standards or any other National, State or local pPretreatment sStandards or rRequirements. (b) Lc) Specific prohibitions. No person User shall d.nn introduce or cause to be disehafged er introduced an), of the f ,l,,,. in described certain pollutants, substances, or wastewater into any public sewers or directly or indirectly into the POTW—.. Those bollutants, substances or wastewater prohibited by this subsection shall not be processed or stored in such a manner that they could be discharged to the POTW. The following described pollutants are ex ressl 18 prohibited: (1) Any gasoline, benzene, naphtha, fuel oil or other pollutants which create a fire or explosive hazard to the POTW, including, but not limited to, wastestreams with a closed -cup flashpoint of less than one hundred forty (140). degrees Fahrenheit (sixty -fiw (W LkO degrees Celsius) using the test methods specified in 40 CFR 261.21. (2) Any or. wastes temir. e liquids-of wa4ers een4ailaing solids, a hazard to humans er s (3) Q Any af foperty capable of causing damage -or hazard ie equioment eelleetion systems or personnel of the sewiage interferes- with an tfeatment - preEess. wastewater ' containin toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process constitute a hazard to humans or animals,_ create a toxic effect in the receivinL, waters of the wastewater works, or to exceed the limitations set forth in the api2licable Federal Categorical Pretreatment Standards or other pretreatment standards or regulation issued by the EPA or the IDEM. Toxic pollutants are identified_ pursuant to Section 307(a) of the Federal Water Pollution Control Act, as amended. (4) M Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper, dishes, cups, milk containers, etc., either whole or ground by garbage grinders. 19 ,�7 (4) Any pollutant, including oxygen - demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW. {)(� Wastewater or any liquid having a temperature greater than one hundred fifty (150) degrees Fahrenheit (sixty -five (6 5) degrees Celsius), or which will, inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater or liquid which causes the temperature at the introduction into the treatment plant to exceed one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius). Mf§) Trucked or hauled pollutants, except at discharge points designated by the Director. (9)Q Any , -liquid er ether- waste e the follevAng substances in amounts exceeding the : pollutant that results in presence toxic gases, a or sril the POTW in a quantity that may acute workerrh althad safety roblems. Aarawreter _ ¢qawymm Tetal Ar-senie 8 9 Tetal Cadmium Total rat,..,,,,.,:.,.,.. � Total Copper- 44 Teter 4-9 Total Nler -raury 04 Totem 44 Total -Silt 4-.9 Total c (1"0)0 Any radioactive wastes or isotopes of such half -life or concentration as may exceed limits established by the Board in compliance with applicable State or Federal regulations. "L9) Any water or waste containing total oil and grease (biodegradable animal and vegetable fats, oil, waxes and greases and non - biodegradable hydrocarbon oils and greases), whether emulsified or not, in excess of three hundred (300) mg/1 daily njamim Total Oil and Grease containing 20 substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit or zero (0) and sixty -five (65) degrees Celsius, however, the hydrocarbon portion of the total oil and grease concentration may not exceed one hundred (100) mg/l. Proper testing procedures shall be outlined in for each industr-y's disslff,ge permit user.. No user shall introduce or cause to be introduced petroleum oil, non - biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Pass Through or Interference. 042) 10 Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three -fourth horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Board. " 11 Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not. "} U2 Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Director for such materials. (1-S) 13 Any waters or wastes containing phenols or other taste- or odor - producing substances, in such concentrations exceeding limits which may be established by the Board as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters. (146) 14 . Any waters or wastes having a pH lower than 6.0, Aany waters or wastes having a pH in excess of 11.0: or having any corrosive property capable of causing damage or hazard to structures — equipment, or personnel of the publicly owned treatment works, or that interferes with an treatment process. Notwithstanding this provision, New Energy Corp., shall be authorized to discharge at a pH not to exceed 12 in keeping with its odor abatement efforts. (1-7) 15 Noxious or malodorous liquids, gases, solids,_ or other wastewater which either singly or by interaction with other wastes are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. 0-9)fU6 Sludges, screenings, or other residues from the pretreatment of industrial wastes. 21 (1 -9)LU7 . Medical Wastes except as specifically authorized by the Director. {U___ Wastewater causing, alone or in conjunction with other sources the POTW's effluent to fail a toxicit y test. "LU9 Materials which exert or cause: a. Unusual concentrations of inert S.S. (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). Unusual S.S., CBOD, BOD, ammonia - nitrogen, phosphorus, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. d. Unusual volume of flow or concentration of wastes constituting "slugs," as defined herein. (-1-8) f2Q) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent will be compromised. " f2lj It shall be unlawful for any person to place, deposit, permit to be deposited, or discharged in any manner whatsoever, any substance into a sewer at a point different than the proposed sewer connection to the sanitary sewer system. (d) Categ gorical Pretreatment Standards, Users must comply with the categorical Pretreatment Standards found at 40CFR, Chapter I, Subchapter N parts 405 -471, and with the State of Indiana Pretreatment Standards as defined at 327 IAC 5 -16 through 327 JAC5 to 21, as well as any Local Limits which the Director is authorized to establish pursuant to 40CFR 403 403.5(c) and any subsequent State, Federal_ or Local guidelines and Rules and Regulations. The Director may develop _Best Management Practices (BMP's), by ordinance or in individual wastewater discharge permits to q he implement local limits and-the m �.. d the re uire ents of ,.._.._� this Division. The National Categorical Pretreatment Standard s_„State Pretreatment Standards, and Local Limits are subject to the following restrictions and prescriptions: ON (1) When the limits in a categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the Director may calculating effluent limitation-s_applicable to individual Industrial Users. (2)_ State and local requirements and limitations on discharges shaIl be met by all dischargers when such requirements and limitations are more stringent than Federal requirements and limitations_ (3) When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Director shall impose- an alternate limit in accordance with 40 CFR 403.6 e . (4) Once included in its permit, the Industrial User shalt comply with the equivalent limitations developed in lieu of the „promulgated categorical Standards from which the equivalent limits were derived. When a categorical Pretreatment Stand_ and specifies one limit for calculating daily maximum discharge limitations, and a second limit for calculating,, monthly average discharge limitations, the same production or flow figure shall be used in calculating both the average and the daily maximum equivalent limitations. Any Industrial User operating under a permit incorporating'_ equivalent mass or concentration limits calculated from a production -based Standard shall notify the Director within two (2)_ business days User has a reasonable basisto -know that the production level will significantly change within the next calendar month. _ -_Any user not notifying the Director of such anticipated change will be required to meet the mass or concentration limit in its pennit that were based on the original estimate of the long term average production rate. (e) State Standards. Users must comply with the State of Indiana_ Pretreatment Standards as defined at 327I_AC_ 5 -16 througb 327 IAC 5 -21. (f) Local Standards. M The Director is authorized to establish local Limits pursuant to 40 CFR_ 403.5_(c). The following pollutant limits are established to protect against Pass Through and Interference. These limitations may be applied as either instantaneous limitations or daily maximum .limitations. No person shall . 23 discharge wastewater containin in excess of the following: 0.3 m /l arsenic 0. 51 ma /1 cadmium 7.51 m _t chromium 1.61 m 1 copper 1.5 mg /l cyanide 1.6 mg /l lead 0.1 mg/l mercury 1.4 mg/l nickel 1.8j mgA silver 3,41 M&d zinc (g) Dilution Prohibition. No User shall ever increase the use of process water, or in anyway attempt to dilute .a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an gpvlicable Pretreatment Standard or Requirement. The Director may impose mass limitations on Users who are using dilution to meet l placable Pretreatment Stand rds or riaqui,rements or in other„ cases when the imposition of mass limitations _ (h) Right of Revision. The Ci reserves the right to establish by-ordinance or in individual wastewater discharge permits, more stringent Standards or Requirements on discharges to the POTW consistent with the puMose of this Division. (�} E ui meet Maintenance. When a discharger is required to provide preliminary treatment, including interceptors or flow equalization facilities, such equipment shall be maintained by the discharger in satisfactory operating condition as determined by the Board of Public Works or its designee. (f)o) Control Manhole. When required by the Director, the owner of any property serviced by a building sewer carrying industrial non - residential wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely Iocated, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner at his expense, and 24 MMA (�} E ui meet Maintenance. When a discharger is required to provide preliminary treatment, including interceptors or flow equalization facilities, such equipment shall be maintained by the discharger in satisfactory operating condition as determined by the Board of Public Works or its designee. (f)o) Control Manhole. When required by the Director, the owner of any property serviced by a building sewer carrying industrial non - residential wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely Iocated, and shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner at his expense, and 24 shall be maintained by him so as to be safe and accessible at all times. Agents of the City, the State Water Pollution Control Agencies and the USEPA shall be permitted to enter all properties for the purpose .of inspection, observation, measurement, sampling and testing. (g)Q _ _ Testing_ Methods. All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this ordinance shall be conducted using the methods and procedures in 40 CFR Part 1:36, and shall be determined at the control manhole or monitoring location provided, or upon suitable samples taken at said control manhole or monitoring_ location, except for the application for NPDES permits and report thereof such shall be conducted in accordance with rules and regulations adopted by the USEPA, 40 CFR Part 136 and any subsequent revisions subject to approval by the City. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The pai4ieular- analysis involved will deteffnine whether- a twenty four- hour- eempesite —QD and S.& analyses afe obtained ft�am peri. die grab samples.) Wastewater sampling shall be conducted in a manner that is representative of normal production and discharge practices. (r) (1) Individualized No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste for unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern, at such rates as are compatible with the rate ordinance; provided, however, that no special agreement or arrangement may be made with the City which results in the violation of National Pretreatment standards or local limits. SECTION V. Chapter 17, Division 3, Section 17 -9 of the South Bend Municipal is amended by transferring previous Section 17 -19 and 17 -19.1 of Chapter 17, Division 3, renumbering it as Section 17 -9 which follows, and by further amendment of its content. (The existing Section 17 -9 of Chapter 17, Division 3, shall be renumbered as Section 17 -19 which shall replace that former Section.) Chapter 17, Division 3, Section 17 -9 as thus amended shall read in its entirety as follows: 25 manner- on public or private property %ithin the City ea Under th-L. jtirisdiefien ef said City, any human ememment, garbage or- other- ablieetionable fie. (b) No shall discharge to be diseharged per-sea or- eause to any sanitar-y , either directly or- indireetly, sterm water-, suf&ee wa4e-r, grotmd w-a er-, roof , subsurface dr-ainage, eaeling water: water-, unpel luted water- --- unpolluted industrial drainage, (e) Sterin water, suffaee water-, ground A�er-, roof rmeff-, ' substigece oeoling water-, tmpollu4ed w4ef or- unpolluted industrial Pfeeess -1-VI may be admiited to storm sewers whieh have adequate eapaeity for- their- aeoernmeda4ion. See. 17 1917 -9. laspeetion and sampliwg Compliance Monitoring, (a) Right of Entry: Inspection and sampdin& OR .�� ON sigma 9 a UZALM See. 17 1917 -9. laspeetion and sampliwg Compliance Monitoring, (a) Right of Entry: Inspection and sampdin& OR ON sigma See. 17 1917 -9. laspeetion and sampliwg Compliance Monitoring, (a) Right of Entry: Inspection and sampdin& OR The Director, or the Director's hi-9 representatives the Director shall have the right to enter the fhsilities rp.,,emises of any industfial uUser to main determine whether the , and any pe-MA it ()f erd Mef issued hefeunder, is being met and whether the industrial uUser is complying with all requirements ther-eef of this Division and any individual wastewater discharge permit or order issued hereunder, dal uUsers shall allow the Director of his wpFesentatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. (1) Where airy -ink a uUser has security measures in force which require proper identification and clearance before entry into its premises, the dal uUser shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, C� personnel ftem the City will shall be permitted to enter without delay, for the purposes of performing their specific responsibilities. (2) The City shall have the right to set up on the industFial uUser's property, or require installation of, such devices as are necessary to conduct sampling and /or metering of the uUser's operations. (3) The Director may require the industr4al uUser to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial uUser at its own expense. All devices used to measure wastewater flow and quality shall be calibrated periedic-ally at least once per year to ensure their accuracy. (4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial uUser at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the industrial uUser. (S) Unreasonable delays in allowing City personnel access to the igal uUser's premises shall be a violation of this sSection. Search Warrants If the Director and/or his the Director's representatives hasve been refused access to a building, structure or property or any part thereof, and if the Dir-ee ter and/^F his Hepresenta4ive has is able to demonstrated probable cause to believe that there may be a violation of this ordinance or that there is a need to inspect and /or sample as part of a routine inspection and 27 sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then, Director , the Q�V may seek a issuance of a search warrant from the Superior Court or Circuit Court. vvim -4- A-11 Ile served at reasonable heufs by the Dir-eeier- andMr- his F-epFesentatives in V— SECTION V1. Chapter 17, Division 3, Section 17 -10 of the South Bend Municipal Code shall be amended to eliminate former subpart (a) which was moved and relocated in Section 9 (d) of Chapter 17, Division 3, and to add other parts and subparts. As amended, Section 17 -10 of Chapter 17, Division 3 shall read in its entirety as follows: See. 17 -10. Pretreatment of industrial wastes wastewater and permits for wastewater discharge, Board of Works powers. ■ ■ ■ 'r LW MUMEMM ■ i 28 _• ,TAVAA MA JIM kLT.Wj 4 - i\wf..Y \"!.� \�� \Sll�TS!.il ��t4 ■ ■ ■ 'r LW MUMEMM ■ i 28 measures Total Arsenio �3 Tefal Cadmium93 Total Chminia Total Capper 4-.6 Cyanide Tetal 44 Total 4-.9 Total zl -.9 Total Zine 3A (b) La) Pretreatment of wastewater__— facilities and additional pretreatment Users shall provide wastewater treatment as necessaKy to comply with this Division and shall achieve compliance with all categorical Pretreatment Standards, _ Local Limits, and the prohibitions set out in Section 17 -8(c) of this Division within the time limitations specified by EPA, the State, or the Director, whichever is more stringent. Any facilities necessa for compliance shall be provided, operated, and maintained at the User's expense. Detailed plans describing such facilities and operating procedures shall be submitted_ to the or its designee for review, and no construction of such facilities shall be commenced until the User is notified in writing that the plans are acceptable. The review of such plans and operating rocedures shall in no way relieve the User from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the vrovisions of this Division. All facilities necessary for compliance shall be subject to periodic inspection by the City to determine that such facilities are being operated in conformity with applicable Federal, State and local law. owner shall maintain operating records of _ the influent and effluent to show the performance of the treatment facilities and for comparison , against City_ monitoring records. 0 Whenever deemed necessary, the Director may require Users to designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate _points of discharge,_ separate sewage wastestreams from industrial wastestreams, and such other conditions as _ ..y. P e User's may be necessary to rotect the POTW and determine compliance with the requirements of this Division. The Director may require any person discharging into the POTW to install and. maintain on their 12rol2elly and at their expense, a suitable storage and flow - control facili ty to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization. M The _Board or its designee may require Users, other than residential users, to supply pertinent information on wastewater flow characteristics Such measurements,_ tests and analyses shall be at the User's expense. If made by the City, an gpj2ropriate charge may be assessed to the User at the City's option. Grease, oil, and sand interceptors shall be provided by the User as necessary for the proper „handling of wastewater containing excessive amounts of grease and oil or sand. All interception units shall be of a type and capacity acceptable to the Board of Public Works or its designee and .- shall _be_so located to._be..easily accessible for cleaning and _inspection. Interceptors or traps shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature, and shall be of substantial construction, be was tight and equipped with easily removable covers. Specifications for grease, oil, and sand interceptors shall be in accordance with provisions of the Indiana Plumbing Code as amended Such interceptors shall be inspected, cleaned and repaired by the User at their expense. , 1) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (b) Accidental discharges/slugs Discharge Control Plans: (1) Eaeh All &Significant iIndustrial uUsers SIU's shall previde submit an accidental discharge /slug discharge control plan n ^'' phi :& .,u : ,.,f to approval by the Director even two (2) years or when substantial changes occur to the components of the 121an. Each plan is subject to approval by the Director, and shall; thereafter; be implemented by the signi€ieant industrial uUser. The _Director may require any User to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control Slug Alternatively, the Director may develop such a Rlan for any User. S plans An accidental discharge/slug discharge control plan shall address, at 30 a minimum, the following: a. Description of discharge practices, including non - routine batch discharges; b. Description of stored chemicals; C. Procedures for immediately notifying the Director of any accidental or sSlug #Discharge, as required hereafter; d. Procedures to prevent adverse impact from any accidental or sSlug dDischarge. Such procedures include, but are not Iimited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (2) Dischargers shall notify the Director immediately upon the occurrence of a "slug" or accidental discharge of substances prohibited by this dDivision. The notification shall include location of discharge, date and time of occurrence, type of waste, concentration and volume, and corrective actions. Immediate notification may be verbal, followed by a written verification within five (5) days of the incident. (3) Dischargers shall notify the Director immediately if any changes occur at the facility that affect the potential fora slug_ or accidental discharge. Additionally, dischargers_ with an approved slug or accidental discharge plan shall submit a revised-plan if any changes occur at the facility that affect the potential for a slug or accidental discharge. (d)Lc) Hauled Wastewater W Septic tank waste may be introduced into the POTW only at locations designated by the Director, and at such times as are established by the Director._ Such waste shall not violate Section 17 -8 of this Division or any other requirements established by the City. The Director may require septic tank waste haulers to obtain individual wastewater._discharae permits. rmits. (2) The Director may require haulers of industrial waste to obtain individual wastewater discharge .permits. The Director also may require generators_ of hauled industrial waste to obtain individual wastewater discharge permits. The Director also May R ohibit the disposal of hauled 31 industrial waste. The discharge of hauled_ industrial waste is subject to all other requirements of this Division. Industrial waste haulers may discharge loads only at locations designated ted by the Director. No load may be discharged without prior consent of the Director. The Director may collect samples of each hauled load to ensure compliance with applicable Standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to. discharge. Industrial waste haulers must provide a waste - tracking farm for every load This farm shall include, at a minimum, the name and address of the industrial waste hauler permit number truck identification, names and addresses of sources of waste, and volume and characteristics of waste. ThP fhrm zhnll identifv the tune of industrv. known or suspected waste ( () Individual Wastewater dDischar a ermits r_ equirement: (1) It shall be unlawful to discharge sewage, nondomestic wastes, or other wastes to any sewer outlet within the jurisdiction of the Board of Public Works without having been issued a wastewater discharge permit if the discharger: a. Is subject to National Categorical Pretreatment Standards as promulgated by the EPA-;, unless the discharger is found_ to be a non-significant Categorical Industrial User CIU ; b. Discharges nondomestic wastewater in the amount equal to or exceeding twenty -five thousand (25,000) gallons per day; C. Contributes a nondomestic waste stream exceeding five (5) percent of the dry weather hydraulic or organic capacity of the wastewater treatment plant; or d. Has a reasonable potential to adversely affect the treatment plant processes by inhibition, pass - through of pollutants, sludge contamination, or endangerment of treatment plant personnel. ., 32 anticated eenneatiens. The Director may require other Users to obtain individual wastewater discharge Rermits as necessary to carry out the pun2oses of this Division. 3 Any violation of the terms and conditions of an individual wastewater dischar &e permit shall be deemed a violation of this Division and subiects the wastewater discharge permittee_to_the sanctions set out in Sections 17- 11. through 17 713 of this Division. _ Obtaining an individual wastewater discharge permit does not relieve a„permittee_ of its -obligation to comply_ with all Federal State and Local Pretreatment Standards and Requirements. Lej Individual Wastewater DischaMe Permit: New Connections. Any User reguired to obtain an ,individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with Subsection below of this Division must be filed at least ninety (90) days prior to the date upon which any discharge begin or recommence. (d} fn Individual Wastewater Dischar e Permit aA.A pplication ; e= Contents. (1) All Users re wired to obtain an individual wastewater discharge permit shall submit a permit a lication. Applications for wastewater discharge permits may be procured from the Director. The Director may require Users to submit all or some of the following information as part of a permit application:. a. ' IdentiMnLy Information D The name and address of the facility, includinle the name of the operator and owner. ii Contact information, description of activities, facilities, and plant production processes on the premises,, b. Environmental Permits. A list of _gay environmental control permits held by or for the facility. C. Description of Operations, 0) A brief description of the nature, average rate of roduction (including each pLoduct produced by type, 33 amount, processes, and rate of production) and standard industrial_ classifications of the operation(s) carried out by p l such User._ This desc' tion__should include a schematic _ p rocess diagram, which ch indicates points „of discha e to the POTW from the regulated processes. ii Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facifi1y which are, or could accidentally or intentionally be,, discharged to the POTW, iii) Number and type of employees, hours of operation, and proposed or actual hours of operation; ss iv Type and amount of raw materials processed (average and maximum per day); Cv) Site plans, ___floor _plans,__ mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size location and elevation and all points of discharge. d. Time and duration of discharges; e. The location for monitoring all wastes covered by the permit, f. Flow Measurement. Information showing the measured average daily and maximum daily flow in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 17.10 a 40CFR 403.6(e)). & Measurement of Pollutants. fil The categorical Pretreatment Standards applicable to each regulated process and new categorically regulated processes for _Existing Sources. ii The results of samplinand_ analysis identifying _the nature and concentration, -and/or mass, where required by the Standard or by the Director, of regulated pollutants in the discharge from each regulated process. iii) Instantaneous, Daily Maximum, and -long-term 34 average, concentrations, or mass, where required, shall be retorted. iv The ^sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Subsection (p)(1) "Analytical Requirements" _ of _ this Section 17 -10. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as re uired by the Director or the applicable Standards to_detennine compliance with the Standard. D Sampling must be performed in accordance with procedures set out in Subsection {p)(2) "Sample Collection" of this Section 17 -10. vi Any other information_ a may be deemed_ necessary by the Director to evaluate the permit application Q Incomplete or inaccurate applications will not be processed and will be returned to the User for revision. ;,loom . ineluding'but no limited te these -mentioned in this x ana4ysis. Mir Iriew V • • ineluding'but no limited te these -mentioned in this x ana4ysis. 35 - ' 35 h; Diselesuie of the nature and or materials the ineluding the disehar-ged premises, 0 to the sewers.- all matefials Azbieh are or- may be h; Diselesuie of the nature and or materials eeneentr-atien ef any pollutants by this division in disehar-ge, pr-ehibited ineluding a statement the regarding is being aehieved. en a additienal epemtie i-- sandrraurrr*- additional whether- or- net eempliame eensistent -basis and if 7 what mite@ -- activities and/e is dischafgar required-fer- the to Irma WIMMM preeess or- pr-ecesses and rate of preduoien, 1F ZD7F'siev-rsC7s'u a of the !ype and nmnunt of the utilized. h All pennit applications for new or medified pefmits must (h) W Individual Wastewater Permit Fees (3) The following wastewater discharge permit fees are required for -the dischafge per-mits to be submitted: a. Each Significant Industrial User fSIUI wastewater discharge permit will be issued for a base fee of five hundred --- dellafs ---{ 580:00-1. one thousand dollars ($1,000.00) 36 b. tie« eae nddhien l.smpling p ,iat tiara will be .. eharge A f an additienal one htmdred dollars ($100.00) All other User wastewater discharize Permits shall be issued for a fee of five hundred dollars (S500.00). f implication Sigi2atories and Certifications. All wastewater discharge permit applications, User reports and certification statements shall be signed by an Authorized Representative of the User and contain the certification statement in Subsection 5 a of this section 17.10. M If the designation of an Authorized Representative is no lon er accurate because _a different individual_ or _position has responsibility for the overall operation of the_- facility or overall for environmental matters for the company, a new written authorization satin in the requirements of this Section must be submitted to the Director prior to or -together with any reports to be signed by-an Authorized Representative. Individual Wastewater Discharge Permit Decisions (4) Within sixty (60) days after- r-eeeipt of the applioation fbf diseharge pefmit, the Direeter- shall mview said application, for- eemplianee with the the Board of Publie 3A4Aa-_Ll) The Director will evaluate the data furnished by the User and may require additional information. Within sixty 64 days of receipt of a complete pen-nit a lication the Director will make a recommendation to the Board. The Board shall review the recommendation and may approve or deny application for an individual wastewater discharge permit_ 0 If the Board of Public Works rejects the applicati require compliance schedule reports and compliance date reports on forms supplied by the Director. Individual „ Wastewater Discharge Permit Issuance: Duration_ and Contents of Permit. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the ,effective date of the permit. An individual wastewater discharge permit mgy be issued for a period of less than five_f5l years, at the discretion of the Director. 37 Each individual wastewater discharge permit will indicate a specific date upon which it will expire. ,0(2) An individual wastewater discharge permit shall include such conditions as are deemed.reasonably necessary by Director to prevent Pass Through or Interference, _ protect the quality of the water body receiviniz the treatment plant's effluent,_protect_ worker health and safety, facilitate sludge management and disposal, and protect against dama a to the POTW. a. Individual wastewater -discharge permits must contain: Q A statement that indicates the discharge permit issuance date, exp_i_ration date and effective date; ii) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Subsection (n )(2) "Individual Wastewater Discharge _ Permit Cessation,__ Revocation Transfer, Reissuance" of this Section 17 -10 and provisions for furnishing-the new owner or operator with a copy of the existing wastewater discharge permit; iii Effluent limits, including Best_ Management Practices, based on applicable Pretreatment Standards-, iv Self monitoring, sampling_ reporting, notification, and record - keeping requirements. These requirements shall include an identification of pollutantsLor Best Mana ement Practices) to be monitored, location, sampling frequency, and sample type based on Federal, State, and Local law. O A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for beyond that required by applicable Federal State or Local law. vi Requirements to control Slug Discharizes. b. Individual wastewater_ discharge permits mU contain, but need not be limited to, the following conditions: Limits on the __average and/or maximum rate of discharge, time of discharge,_ and /or requirements for flow regulation and equalization; ii Re uirements for the installation of pretreatment technology,. pollution control, or ! construction appropriate containment devices,__ designed to reduce, eliminate or prevent the introduction of pollutants into the treatment works; iii) Requirements - for the and implementation of spill control plans or_ot_her special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharge iv Development and implementation _ of waste minimization plans to reduce the amount of pollutants discharged to the POTW- O The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW vi Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices; vii A statement that compliance _ with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Standards including those which become effective during the term of the individual wastewater discharge permit. • and Lviiij Other conditions as deemed appropriate by the Director to ensure compliance with this ordinance, and State and Federal laws rules and regulations. {4} LkI Permit Appeals. ffl An administrative appeal from any terms of an individual wastewater discharge permit issued _ender this Section shall be made pursuant to Section 17 -11(c) of this Division but the effectiveness of the individual wastewater discharge permit shall not be staved pending the administrative appeal. Decisions by the Board not to reconsider an individual wastewater discharge permit not to issue an individual wastewater discharge permit, 39 or not to modify an individual wastewater discharge pennit shall be considered final administrative actions for _purposes of judicial review. l') AgLneved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do M by filing a complaint with the St. Joseph County, Indiana Superior or Circuit Court. n Permit Modymcation. The Board of Public Works maymodify_a_wastewater discharr a permit for good cause including but not limited to the followin reasons; fD To _incorporate any new or' revised Federal. State or local Pretreatment Standards or Requirements; To address significant alterations or additions to the User's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance; A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge ;� (4) Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters. LQ Violation of any terms_ or conditions of the individual wastewater discharge permit; (6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting= 07} To correct typographical or other errors in the individual wastewater discharge permit; or To reflect _a transfer of the. facility ownership or operation to a new owner or operator where requested in accordance with Subsection (n)(2) of this Section 17 -10. a-. The unit eharge er- sebedule of user ehafges and fees for. the I'll] Numer-ieal limits en the avemge and estewater- E: Limits on lhe average and maximum ra4e and time of equWization. iiR9N\NI�NY•DN \i 3P1lf ��[iI�! �R�ol�lN3[iIN[!1�1RT19N\R�1!f IR.A sampling lA..ation , 6equ@ney ,ef sampling, number- and _ types AF samples; schedules �l and n#ann fds f r- analyses and . pefting �R�ol�lN3[iIN[!1�1RT19N\R�1!f IR.A ■�f,�R�l!3• \9N[ \�133T�\ 1l1� 1NN�•- �r[Na�iN a��wt.i a. r��iY�Y�N�.[��12A i The pefmit is for a period of five (5) years, but may be ten f //yy this Code 41 s N.3_f�t.i�ll ■�f,�R�l!3• \9N[ \�133T�\ 1l1� 1NN�•- �r[Na�iN a��wt.i a. r��iY�Y�N�.[��12A i The pefmit is for a period of five (5) years, but may be ten f //yy this Code 41 s WIN ■�f,�R�l!3• \9N[ \�133T�\ 1l1� 1NN�•- �r[Na�iN a��wt.i a. r��iY�Y�N�.[��12A i The pefmit is for a period of five (5) years, but may be ten f //yy this Code 41 77 .Wastewater Analysis When requested by the Director, a User must submit information on the nature and characteristics of its wastewater within sixty (60) days of the request. The Director is authorized to prepare a form for this puipose and tnav periodically require Users to update this information. NOW :- "MmilimAim • 11 lit Caen —ear Individual Wastewater Discharge RPermit Cessation Revocaton. #T'ransfer, Reissuance. 42 rml Mrift ■ M fill mill, Caen —ear Individual Wastewater Discharge RPermit Cessation Revocaton. #T'ransfer, Reissuance. 42 Mrift mm MIT Caen —ear Individual Wastewater Discharge RPermit Cessation Revocaton. #T'ransfer, Reissuance. 42 f Individual wastewater discharge permits shall be voidable u on cessation of operations or transfer of business ownershi All individual wastewater discharge permits issued to a User are void upon the issuance of ,a new individual_ wastewater_discharge permit to that User. speeifie operation and m —not assignahle t—. noiher- dise,�.,fge -RIIV �7TTTii3G7iRI GI' -"VT Individual wastewater• discharge pennits, mgy be transferred to a new owner or operator only if the permittee gives at least thi 30 days advance notice to the Director and_ the Director _approves the individual wastewater discharge permit transfer.__ The notice, to the Director must include a written certification by the new owner or operator which: a. States that the new owner and /or operator has no immediate intent to change the facility's operations and lrocesses; b. Identifies the specific date on which the transfer is to occur; and C. Acknowledges full responsibility., for complying with the existing individual wastewater discharge permit. Failure to provide advance notice of a transfer renders the individual , , wastewater discharge hermit void as of the date of facility transfer. A User with an expiring individual wastewater discharge permit shall apply for an individual wastewater dischgge_ permit , reissuance by submitting a complete permit application, in accordance with Subsection "Individual Wastewater Discharge Permit — Contents" of this Section 17-10, a minimum of ninety ( 90 ) _ days prior to the expiration of the User's existing individual wastewater discharge Permit. The Director may revoke an individual wastewater discharge permit for good cause, which shall be subject to appeal under _Section 17 -11(c} of this Division, but the effectiveness of revocation _shall not be stayed pending administrative appeal. Reasons far ermit revocation by the Director include but are not limited to the following: a. Failure to notify the Director of -significant changes to the wastewater prior to the changed discharge; 43 L c. Misre resentatio� the Wastewater nor failure to fi,11 discl dischar e ennit a Iication• e• Tam erin with monitorin f Ref 7c.* -- , e ui menu remises ` records• Failure to meet effluent limitations- Failure to a fines• ?. Failure to a sewer char es. .L Failure to meet co m IianCe schedules• k. Failure to cam fete dischar e e a wastewater s rmit a Iication 1 Failviro *- ownershi ofd advance ermined facility tice of the transfer of n?• 'Violation busi. terms oft n ofan Pretreatment Standard o he wastewater disc r e e or Re uirerne � Repor -brag reguiyernents. rmlt or this ordinance or a List o Re aired �JJ Baseline Re orts Morailorira Re orts. Within either one a categorical hundred eighty (I80 PPretreatment 'Standard, )days after on a category dete andard, or the the effective existing �ination under 40 CF final administr date of g Cate orieal R 403, ative decision 4ndustrial 6�a)(4), whichever scheduled to Users is later, Director a report to the pCT� current! Port which co W; shall Y discharging to below. At least contains the info or ninety (90 rmation listed submit to the days prior to comrn in Paragraph �� 44 of their discharge, nNew sSources 4—Users subsequent to the promulgation sources that become sStandard, shall be required o f Cate orical inndustrial quired to submit to an applicable categorical contains the information listed in sub the Director sSource shall also be required to re report a report which intends to use to meet a P the me d below. A nlVew shall also pplicable pretreatment standards of Pretreatment it give estimates of its anticipated flow an • Anew source discharged. quantity of pollutants n�al uiJsers described ad information ----- _above shall submit the set forth below; a Identifying jn formalian, the facility includin The name and address of jj to ether with contact nformation the operator and o wners fa�es. and „1,.,+ _�_ , descrtntin,, h. ii Environmental control A last of any enviro �� Permits held by or for the facility, nmental s. iii Description o the nature f °perations• A brief average rate of description of roduct roduced b Production includin reduction t e amount rocesses and rate of p-- —� n and standard industrial operation(s) carried out b classifications of the description should include as schematic �� UUser. This which indicates points of discharge to the P °cess diagram regulated Process. OTW from the &' iv Flow measurement. measured average Information showin doll , ' g the y and maximum daily flow, in POTW from re gallons ' gulated process sire per day, to the as necessary, to allow use of the corn s and other streams formula set out in Section l 7 -$ d bined wastestream �4fl CFR 403.6(e)). e.W Measurement ofpollutants. 1 IdentifMcatl_�o f the standards applicable to each categorical Ppretreatment L�a ne w Cate oricall gulated proced sting Sources• re Mated rocessr 45 . Submitssion of the results of sampling and analysis identifying the nature and concentration (and /or mass, where required by the standard or by the Director) of regulated pollutants in the discharge from each regulated process. 3. Instantaneous, daily maximum and average concentrations (or mass, where o required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out herein. Where the Standard a uires com liance with a BMP or ollution revention alternative the User shall submit documentation as re uired b ' the Director or the LAicable Standards to determine com liance with the Standard. Sam les should be taken immediate) downstream from retreatment facilities if such exist or immediate] downstream from the re elated pro cess if no retreatment exists. If other wastewaters are mixed with the re ulated wastewater prior ---- to retreatment the User should measure the flours and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6 e to evaluate com ]lance with Pretreatment Standards. Where an concentration or mass limit has been calculated t accordance with 40 CFR 403.6 e this ad'usted limit a]on with the su ortin data shall be submitted to the Control Authorit . �. Sam fin and anal is shall be erformed . in accordance with Subsection Requirements" for re orts Section 1 17 -10 of this I Divisi-on• 5• The Director ma allow the submission of a baseline re ort which utilizes onl historical data so Ion as the data rovides information sufficient to determine the need for industrial retreatment measures 6• The baseline re ort shall indicate the time date and -- place of sam Iin and methods of anal sis and shall certi that such team iin and anal sis is 46. representative of normal work cycles and expected pollutant Discharges to the MTV 37. Sampling must be performed in accordance with procedures set out herein. f vii -Compliance Certification. A statements reviewed by the induskW uUser's aAuthorized rRepresentative as defined in Section 17 -5.1 Division 1 of this Article and certified by a qualified professional, indicating whether pPretreatment sStandards are being met on a consistent basis, - and, if not, whether additional operation and maintenance (0 &M) and /or additional pretreatment is required to meet the pPretreatment sStandards and rRequirements. g(viii) Compliance $Schedule. If additional pretreatment and/or O &M will be required to meet the pPretreatment sStandards ;_the shortest schedule by which the =gal uUser will provide such additional pretreatment and/ /or O &M _must be provided. The completion date in this schedule shall not be Iater than the compliance date established for the applicable pPretreatment sStandard. A compliance schedule pursuant to this subsection must meet the requirements set out hervin in th —e subse uent subpart 0 2 of this Section 17 -10. h .Cix Si nature and Report Certi acation. All baseline monitoring reports must be 49ned -and certified in accordance with subseetie _ 4-7- 100)(1 1) ].,,low subpart (n)(5)(a) of this Section 17 -10, and signed by _an Authorized Representative as defined in Section 17 -5.1 Division 1 of this Article. 2 Com liance Schedule Re arts. (J) The following conditions shall apply to the Compliance. Schedule Leg uired by the fore oin Section (o)(1) a viii of this Section 17 -10. a. The schedule shall .contain progress increments in the form of dates for the commencement and com letion of major events leading to o the construction and operation of additional pretreatment, required for the User to meet the applicable Pretreatment Standards 47 major com onents commencing and COMRI.eting construction and buyinning and conductij routine operation): b. No increment _referred to above shall exceed nine {9). months C. The User shall submit a Drogress report to the Director no later than fourteen 14 days following each date in the schedule d. In no event shall more than nine 9 months elapse between such progress reports to the Director. (3) Re orts on Compliance with Categorical Pretreatment Standard Deadline. Within ninety 90 days following the date for final compliance with a plicable categorical Pretreatment Standards or in the case of a New Source following commencement of the introduction of wastewater into the POTW any User subject to such Pretreatment Standards and Requirements shall submit„ to' the Director a report containing the information in Subsection (o)(1)(a)(v) ("Measurement of Pollutants" ) of this Section 17 -10. For Users subject toe uivalent mass or concentration limits established in accordance with the procedures in Section 17-8(L-of this Division this report shall ,contain a reasonable measure of the User's long -term production rate For all other Users subiectto categorical Pretreatment „ Standards expressed in tems of allowable pollutant discharge-per unit of production (or other measure of operation ), this report shall include the User's actual production during the gpkropriate sampling eriod. All compliance reports must be si ned and certified in accordance with Subsection 5 a of this Section. All sampling will be done in conformance with Subsection (p)(2) " "ample collection" of this Section 17 -10. (4) Periodic Compliance Reports a. Any permittee subject to a pretreatment standard set forth in this Division shall submit :, twice the Director, tw ceer year, unless 48' required more frequently by the discharge permit, a periodic compliance .report on forms provided or prescribed by the Director indicating the nature 'and concentration of prohibited or regulated substances in the effluent. Included in the report shall be a record of all measured or estimated average and maximum daily flows during the re ortin eriod computed by verifiable techniques as required by the a `licable discharge permit.. In cases where the Pretreatment Standard requires coml2liance. with a Best Management _Practice (BMP) or pollution prevention alternative, the User must submit documentation required by the Director or the Pretreatment Standard necessary to determine the compliance status of the User. b. Users ._..,. shall _ be required to have a Certified Industrial Wastewater Operator of the State of Indiana sin all periodic compliance reports indicating whether pretreatment Standards and Requirements are being met on a consistent basis, and if not whether additional operation and maintenance and /or additional pretreatment is required to meet the pretreatment standards and requirements, unless otherwise indicated in the User's pemit. The Director shall s ecif y the certification class required in the User's permit. C. All neriodic com liance reports must be signed and certified in accordance with Subsection 5)(a), of this Section 17- 14 and signed by an Authorized Representative as defined in Section 17 -5.1 Division 1 of this Article. d. All wastewater samples must be re resentative of the User's discharge. Wastewater monitoring and flow measurement facilities shall be p gperly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be rounds for the User to claim that sample results are unrepresentative of its discharge. e. If a User subject to the reporting requirement in this section monitors aLiy regulated Pollutant. at the gppropriate sampling location more frequently than_xSubsec by the Director, using the .eau „. q_,_' � procedures prescribed in l "Analytical equirements_ " and in S _ ubsection (p)(ZL Sample Collection of this Section 17 -10, the results of this monitoring shall be included in the report. 49 f A pennittee may re guest a sampling waiver for pollutants not present., Such re guests shall be. subject to the review and approval of the Director. At a minimum such requests shall include: Q Sampling data and other, technical factors demonstrating that the pollutant is not present in the dischar e• ii Data from greater than one sampling of the facilitv's process wastewater prior to any treatment. iii A certification statement in accordance with subsection (p)(5 )W of this Section and si ned by an' Authorized Re resentative as defined in Section 17 -5.1 Division 1 of this Article. The Director may also require additional information or data. Approved requests for a sampling waiver for pollutants not present shall result in a modification of the permittee's industrial wastewater discharge permit. (5) Reports of Chan zed Conditions Each User must notif y the Director of any significant changes to the User's operations ors stem which might alter the nature , guality, or volume of its wastewater at least thin 30 days before the change. a. The Directox ma require the User to submit such information as may be deemed, necessary to evaluate the changed condition including the submission of a wastewater dischar e permit application under Subsection "Individual Wastewater Discharge Kermit — Contents" of this Section 17 -10. b. The Board of Public Works may. issue an individual wastewater discharge permit under Subsection of this Section 17 -10 or modify an existing wastewater discharge permit under Subsection (1) "Permit Modification" of this Section 17 -10, in response to changed_ conditions or anticipated changed conditions. 06,} Reports otshIls and Potential Problems a. In the case of any discharge, including, but not limited tom accidental discharges, discharges of a nonroutine, episodic nature, 50 a noncustomary batch discharge, a Stu Dischar a nr a Rhiry Load or an unusual flows or wastes that mi ht cause otential nrn blems for the POTW the User shall immediately telephone and notify the Director of the incident. This notification shall include the location of the dischar e type of waste concentration and volume if known and corrective actions taken by the User. b. Within five _ S days following such-discharge, the User shall unless waived b the Director, submit a detailed written report describing the causes of the discharge and the measures to be taken bv the User, to prevent similar future occurrences. Such r- -- ucuiva u to purson or penalties, or other liabilily which may be imposed pursuant to this Division. C, A notice shall be permanently_ posted on the User's bulletin board or other prominent place. advising em Io ees who to call in the event of a discharge described in ara rah a above. Employers_ shall ensure that all employees, who could cause such a dischar e to occur, are advised of the emergency notification procedure. d. Significant Industrial Users are re aired to notif y the _Director immediately of any changes at its facility affecting the potential for a Slug Dischar e. (7) Reports from Un ermined Users All Users not-required to obtain an individual wastewater discharge ermit shall provide appropriate re orts to the Director as the Director ma re wire. (8) Notice of ViolationlRepeat Sampling and Repnrtin If sampling erformed by a User indicates a violation the User must notify the Director. within twenty -four (24, hours of becomin g aware, of the violation. The User shall also repe4LLh-e--S-arnpIing and analysis and submit the results of the repeat analysis to the Director within thirt 30 days after becoming aware of the violation. 51 (9) Notification of the Discharge of Hazardous Waste a. An . User who commences the discharIze of hazardous waste shall notify the POTW the EPA Regional Waste Management Division Director, and State hazardous waste authorities in writin of any discharge into the POTW of a substance which, if otherwise disposed of would be hazardous waste under 40 CFR Part 261. Such notification must include the name of the Hazardous waste as set forth in 40 CFR Part 261 the EPA hazardous „waste number.,_ and the type of discharge continuous batch or other). If the User discharges more than one hundred 100 kilograms of such waste per,calendar month to the POTW the :notification also shall contain the following information to the _extent such - information is known and readily available to the User: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. An notification under this paragraph need be submitted, only once for each hazardous .,waste discharged. However, notifications of changed conditions „ -must be submitted under Subsection _ {o)(5) 'Reports of Changed Conditions” of this Section 17 -10. The notification requirement in this Subsection does not apply to _pollutants already reported by Users subject to categorical _Pretreatment Standards under, _the self monitoring requirements of Subsection (o)(1 "Baseline Monitoring Report, 0 )(3 Reports on Compliance with Pretreatment Standard Deadlines; and (o)(4)_ - "Periodic Compliance. Reports" of this Section 17 -10. b. Discharizers are exempt from the requirements of paragraph (a) above, during a calendar month in which they discharge more than f fteen (15) kilograms of hazardous . wastes, unless the wastes are acute hazardous _ specified ,.. s wastes as in 40 CFR , 261.30(4 and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes„ as specified in 4(}. „_CFR 261.30 d and_ 261.33 f ei, requires a one -time notification. Subsequent months during which the User discharges more than such quantities of any hazardous waste do not re Quire additional 52 notification. C. In the case of an new re ulations under section 3001 of RCRA identifyinp, additional characteristics of hazardous waste or listina anv additional substance . as . a hazardous waste the User must notif the Director, the EPA Regional. Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety C90) days of the effective date of such reaWations. J. In the case of any notification made under this Section the User shall certif that it has a program in lace to reduce the volume and toxicity of hazardous wastes enerated to the de rce it has determined to be economically practical. e. . This provision does not create a right to dischar a an substance not otherwise permitted to be discharged by this Division a permit issued thereunder,or an a licable Federal or State law. Notification of batch or infrequent discharge The Director may re quire an industrial user that discharges industrial wastewater on a batch or infrequent basis to submit notification to the Director up to 24 hours prior to discharge of such wastewater, in order to allow inspection and sampling. �p) General Standards-for Reports W Anal tical Requirements All ollutant analyses, including sam lip techni ues to be submitted as part of a wastewater discharge Permit application or report shall be performed in accordance with the. techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an a licable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techni ues for the pollutant in question, or where the EPA determines that the Part 136 sam lip and anal ical techniques are ina ro riate for the pollutant in question sam 1;Tlcr and analyses shall be perfomed by using validated anal3qical methods or an other applicable sampling and.anal3jical procedures, includin rocedures 53 suggested by the Director or other parties approved by EPA. (2) Sample Collection a. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sam lin and analysis performed during the period covered by the report , and be based. on data that is representative of conditions occurring during the re ortin eriod. b. Except as indicated in Sections 3 and 4 below, the User must collect samples using 24 -hour flow proportional composite sampling _ techniques unless time- proportional composite sampling � grab b op .. r d Y �r or W,.,here time- proportional sampling or ab sarn ling is athorized by the Director, the samples -must be representative of the discharge. Using rotocols (including . appropri ate reservation specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 2_4Yhour period may be composited prior to laboratory analysis as follows: for cyanide, total phenols and sulfides the samples may be cam osited in the laboratory or in the field; for volatile organic compounds and oil . and grease, the samples -May be composited in the laboratory Grab samples may he required to show compliance with Instantaneous Limits. C. Samples for oil and grease temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. d. For samt)liniz in support of baseline monitoring and 90 -day compliance reports, a minimum of four 4 grab samples must be used for _pH, cyanide, total phenols, oil and Zease, ,sulfide and volatile organic cop Wounds for facilities for which no historical sampling data are available. For Periodic Compliance Reports, required by 17- 10(o)(4), the User is required to collect the number of grab _samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements, Date o Recei t o Re orts Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility _ serviced by the United States Postal_ Service, the date of 54 recei t of the re art shall overn. If a report is due on a date that does not fall on a normal business da y, the report shall be considered timely if it is received on the next normal business da . 1'l Reco dkeeving Users sub'ect to the reporting re uirements of this ordinance shall retain and make available for inspection and co in all records of information obtained pursuant to a!w monitoring activities required by this ordinance an additional records of information obtained pursuant to monitoring activities undertaken !&--. the User independent of such requirements, and documentation associated with Best Management Practices established under Section 17 -8. Records shall include the date exact place. method and time of sam lin ____& and the name of the erson s taking the samples:. the dates anal" ses were performed; who performed the analyses; the analytical techni ues or methods used• an information used to demonstrate that the analysis was erformed in accordance with methods a roved in 40 CFR'Part 136, the results of such analyses. These records shall remain available fora period of at least three 3 ears. This period shall be automatically extended for the duration of an litigation concerning the User or the Cily, or where the User has been sl2ecifically notified of longer retention period b the Director. Certi rcation Statements a. Certification o Permit Applications and User Reports The following certification statement is required to be signed and submitted by Users submitting Permit applications in accordance with Subsection of this Section 17 -10• Users submitting baseline monitoring reports under Subsection �) of this Section 17-10, submitting reports on compliance with the categorical Pretreatment Standard deadlines under Subsection (o)(3) of this Section 17 -10• Users submitting eriodic compliance reports required by Subsection (o)(41 or other re uired User reports. The followim certification statement must be signed by an Authorized Revresentative as defined in Division 1 of this Article: "I certify under penalty of law that this document and all attachments were re ared under m direction or su envision in accordance with a system designed to assure that ualified Personnel properly ather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly- res onsible for gathering the 55 information the information submitted is to the best of m knowled a and belief, true accurate and complete. I am aware that there are significant.penalties for submitting false information including the possibility of fine and impirisonment for knowin violations." b. Non-Si ni icant Categorical Industrial User Certification The following certification is required to be sued and submitted by Users meeting the conditions described in Section 17- 5.1 Division 1 of this Article. This certification statement shall be submitted with Non- Siganifcant Categorical Industrial User Reports and must be signed by an Authorized Rep resentative as defined in Division 1 of this article: "Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR . I certifv that, to the best _of_mx knowledge and belief that during the period from to month day, ear a The facilily described as met the definition of a . non - significant categorical Industrial User as described in 403.3(v)(2)- all applicable Pretreatment Standards name uire encomplied durin this re ortt" —period, and (c )The_ facility never discharged more than 100 gallons of total categorical wastewater on any given day during this re ortin period. _ This compliance certification is based upon the following information: ft (e)W ConfidentiaW Information: 56 ' Q-;-,; W"M =M-M I - =7- Information and data on a User obtained from „ reports, surveys,. weastewaterddischarge rpe Qit a applications, individual wastewater discharge and from the Director's inspection and sampling activities shall be available to the public without restriction unless the User s ecifieail requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods 'of production entitled to rotection as trade secrets under the Indiana Access to Public Records Act I.C. 5- 14 -3 -4 a 4 . Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the User furnishing. a _report that such information should be held confidential the vortions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to overnmental agencies for uses related to the NPDES progEam,or retreatment ro ram and in enforcement proceedings involving the person furnishing-!he report. Wastewater constituents and characteristics and other effluent data as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the publicwithout restriction. (OLY) Board of Works powers. If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in this aA_rticle, and which in the judgment of the Board may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or otherwise create a hazard to life or constitute a public nuisance, the Board may do any of the following_ ( 1) Require new industFies users or dies users with significant increase in discharges to submit information on waste water characteristics and obtain prior approval for discharges. For purposes of this requirement, 57 flow increases of twenty (20) percent or greater, or the discharge of any Previously unreported pollutants shall be deemed significant. (2) Reject the wastes in whole or in part for any reason deemed appropriate by the City. (3) Require pretreatment of such wastes to within the limits of normal domestic sewage as defined. (4) Require control of flow equalization of such wastes so as to avoid any "slug" loads or excessive loads that may be harmful to the treatment works. (5) Require payment of a surcharge on any excessive flows or loadings discharged to the treatment works to cover the additional costs of having capacity for and treating such wastes. If the Board permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the Board and subject to the requirements of all applicable codes, ordinances and laws. Board action under Subsections 2 3 4 & 5 above shall be subject to iudicial review as per Section 17 -11 d of this Division. (q) Ls) Annua pfublication of Users in $gignificant fat Noncom fiance,. The Director shall publish annually, in a newspaper of general circulation that provides meaningful Public notice within the 'urisdiction served by the POTW i&46eated, a list of the industrial uUsers which, at any time during the previous twelve (12) months, were in sSignificant nNoncompliance with applicable pPretreatment sStandards and rRequirements. The term sSignificant nNoncompliance shall be a licable to all Significant Industrial Users (or any other Industrial.User thai violates paragraphs 3 4 or 8 of this Subsection and shall mean: (1) Chronic violations of wastewater discharge limits, defined here as those in which sixty -six (6) percent 66 / or more of vva4ewaW all the measurements limit aver-age limit for the same pollutant parameter taken during a six f A1111L V (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits. (2) Technical Review Criteria (TRC) violations, defined here as those in 58 which thirty-three (33} percent 33% ) or more of wastewater measurements taken for each pollutant parameter during a six -�6j month period equals or exceeds the product of the a numeric Pretreatment C4. 1. 1 __ " - - . . . .. _ L,ivinavu i nounun ! / -J.1 or MIS Article multiplied by the applicable criteria (1.4 for BQD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH). (3) Any other disehafge violation of a Pretreatment Standard or Re uirement as defined in Division 1 Section 17 -5.1 of this Article ail Maximum long-term averse Instantaneous Limit or narrative standard that the Director believes determines has caused, alone or in combination with other discharges, i Interference or pPass Through (including endangering the health of Bureau PQTW personnel or the general public). (4) Any discharge of a pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Chys Director's exercise of its his or her emergency authority to halt or prevent such a discharge. (5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance. (6) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, n fiance reports on compliance with cate orical Pretreatment Standard deadlines, periodic self monitoring reports, and reports on compliance with compliance schedules. (7) Failure to accurately report noncompliance. -; or (8) Any other violations(s), whichmay include 'a violation of Best Manaizement Practices which the Director determines will adversely affect the operation or implementation of the local pretreatment program. M I-Mrm M.rM - "Ni 1. ma. W 59 fE The Direeter- may immediat—aly Ma r A E + s fE The Direeter- may immediat—aly r s - + s • to s or- welhm eirper-sons. The Dir-eeter- may also WON r discharge,- s s fE - + ■ A • WON fE �} #eb'6 --- ..__..:motel., u4Va, 2V1./V14 'L11V -7f - ' _ es o f its rl'�.eh rg Vl 14� aeV LVa 1J41VV -ist /vaa.aa \` ! .0 r wa s disehaf 7 i RIP I sued hereunder, Fail--e r-har- acter ..o erf the , ,+ ... +_ +'� -- --- ..__..:motel., u4Va, 2V1./V14 'L11V -7f - ' _ es o f its rl'�.eh rg Vl 14� aeV LVa 1J41VV -ist /vaa.aa \` ! .0 r wa s disehaf 7 (4) Refusal efr,�asonable aceess 40 4h puTese of 7 (5)- �^�/ pp 474 above or o f t1. rntrnntr�r� t st d .7 +L' v.V Vl Vl L11V '�./ Y _ l r 'r L .0 r wa s i RIP I : M. • MIN v r wa s : M. • MIN Now M. ■ ML 61 ' ■ -. R, s s _ a ■ Kmar M. MWIMMMM. MEN �a FPO ■ t ' ■ -. R, s _ ■ Kmar M. MWIMMMM. MEN �a FPO t {iT ■ pvmm � a s _ ■ Kmar M. MWIMMMM. MEN �a FPO t • 62 ■ pvmm � a � ■ _ ■ Kmar M. �a 62 63 MMINWAk ft VJM P-mITIMiTA A • I ! • ■ IND A/ 1 ■ • Y. ni 'r 63 A • 63 IMP (8) All peimit4ees shall retain and preserve fef less th .. —N'- .1-, year-r, a" reeer-ds, deeumen4s, meinemnda, , eemspendenee and s to matters w-hieh are the subjee! of administrafive-adjwAmef��� shall be retained and pfeser-ved by the peFmittee and all appeals have expifed-. (-} W False information Any person who makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this division, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required under this division, may be assessed a civil penalty of not more than two thousand five hundred dollars ($2,500.00). (1-0) U Users required to file reports All per-mittees Users subject to Federal Categorical Pretreatment Standards will be required to file all reports as described in 40 CFR 403, which is incorporated herein by reference, including amendments that may hereafter be made as the same are published in the Code of Federal Regulations. These reports shall include, but not be limited to, baseline monitoring reports, compliance schedule reports, compliance date reports and periodic compliance reports. QMN books, I (-} W False information Any person who makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this division, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required under this division, may be assessed a civil penalty of not more than two thousand five hundred dollars ($2,500.00). (1-0) U Users required to file reports All per-mittees Users subject to Federal Categorical Pretreatment Standards will be required to file all reports as described in 40 CFR 403, which is incorporated herein by reference, including amendments that may hereafter be made as the same are published in the Code of Federal Regulations. These reports shall include, but not be limited to, baseline monitoring reports, compliance schedule reports, compliance date reports and periodic compliance reports. QMN „ tinder my d A A A A .Pfepffed the information submitted. eft Based en my inqui gall ng the knewledge nibm—w- and belief, s (4-21 Uv Compliance Schedule Reports Compliance schedule reports must be submitted by any nonresidential discharger not subject to categorical standards who is not in compliance with the terms and conditions of this division. i - - -- -- µ.,.y ....VVxxvr Ax , injunctive relief need not be filed as a prerequisite tE) .—I "fig anYethsf s nor- shall any- ether- remedy hefein be deemed aprer-equisiie junetive relic aii ate. atly, and may other CE, A A A A i - - -- -- µ.,.y ....VVxxvr Ax , injunctive relief need not be filed as a prerequisite tE) .—I "fig anYethsf s nor- shall any- ether- remedy hefein be deemed aprer-equisiie junetive relic aii ate. atly, and may other CE, Bypass For the putposes of this Section U Bypass means the intentional diversion of wastestreams from an ortion of a , User's „ treatment facility L' P 0 Severe propegy damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural, resources which can .reasonably be expected to occur in the absence of a bypass. Severe „property .dama e� does not mean economic loss caused by delays in ploduction. Q A User _may_ allow any bypass to occur„ which does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance to. assure efficient operation.. These bypasses are not subject to the provisions of paragraphs 3 and 4 of this Section. M Bypass _Noti ications Ua If a User knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten (10) days before the date of the b, if possible. (b2 A User shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable Pretreatment Standards within twenty-four (24) hours from the time it becomes, aware of the bypass. A_ written submission shall also be provided within five (5) days of the time the User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause, the duration of the bypass including exact dates and times and if the bypass has not been corrected the anticipated_ time it is expected to continue; and steps taken or planned to -reduce, _eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by- case basis if the oral report has been received within twenty-four 24 hours. Bypass Prohibition Oa} Bypass is prohibited, and the Director may take an RM enforcement action against a User for a bypass, unless i. Bypass was unavoidable to prevent loss of life, personal severe pro or se property damage, injury, e._ r dama ii. There w_ ere no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,_ retention of untreated wastes, . or maintenance during normal periods of equipment downtime. This condition is not satisfied if ade uate_ back -u a uipment should have .____ _ q p q been installed in the of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and• iii. The User submitted as required under fore. -going Subsection (3) of this section. 0) The Director may approve an anticipated bypass, after considering its adverse effects if the Director determines that it will meet the three conditions listed in paragraph (d)(1) of this Section 17 -14. LX) U,pset Q) For the purposes of this Section- upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical_ Pretreatment Standards because of factors beyond the reasonable control of the User. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facili.ties,_.inadeguate_ treatment facilities, lace of preventive maintenance or careless or improper operation. An upset shall constitute an affirmative defense to an action brought_ for noncompliance_ _with categorical Pretreatment Standards if the requirements ofparagrraph (c), below, are met. A_ User who wishes to establish the affirmative defense of upset shall demonstrate _through properly signed, contemporaneous operating logs, or other relevant evidence that: La) An upset occurred and the User can identify the caase(sl of the upset-, 67 02 The facility was at the time being operated in a prudent and workman -like manner _and in compliance with applicable operation and maintenance rocedures• and O The User has submitted the following information to the Director within twenty-four 24 hours of becomin aware of the upset--Cif this information is provided orally, a written submission must be provided within five S days); i A descri tion of the indirect discharge and cause of noncompliance; ii The veriod of noncompliance, includin exact dates and times or if .not corrected the anticipated time the noncompliance is-expected to continue; and (iii Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncom fiance. In any enforcement vrocceding, the User seeking--to establish the occurrence of an upset shall have the burden of proof. Q Users shall have the opportunity„ for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical Pretreatment Standards. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical Pretreatment Standards u on reduction loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where_ among other things, the primary source- of power of the treatment facility is reduced, lost or fails. SECTION VII. Chapter 17, Article 2, Division 3, Section 17 -11 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -11 • Plans sp pretreatment ifiention of f ,, UW , Administr at ■ Pl Hli� • i�ve Enforcement Remedies Costs Fees Director Reconsideration User Anneals, Judicial Review. 68 of the influent and efflueM te she, Hanee of the tfeatment La) Administrative Enforcement Remedies, W Letter of Violation When the Director finds that a User has violated or continues to violate any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement. the Director mav' serve upon that User a written Letter nf explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Director. Submission of such a plan in no wa relieves the User of liabiliy for any violations occurrin beforer after receipt of the Letter of Violation. Nothing in this Section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action without first issuing a Letter of Violation. Consent Orders The Director may enter into consent Orders, assurances of compliance, or other similar documents establishing an agreement with any Use responsible for noncom iianee. Such documents shall include specific action to be taken by the User to correct the noncompliance within a time p y have the same period specified b the document. Such documents shall h _ force and effect as the administrative compliance orders and cease and desist orders issued-pursuant to Subsections d and a of this Section and shall be judicially enforceable. M Show Cause Hearin The Director may order a User which has violated or continues to violate any _provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User .• show cause why the proposed enforcement action should not be taken. The notice of the meeting sha11 be. served personally or by registered or certified trail (return receipt requested) at least ten (10) days prior to the hearing Such notice maybe served on any Authorized Representative of the User as defined in Division 1, Section 17 -5.1 of this Article and required by Subsection (p)(5) "Signatories and Certifications" of Section 17 -10 of this Division 3. „A show cause hearing shall not be a bar against or prerequisite for, taking any other action against the User. 1`l Compliance Orders When the Director finds that a User has violated, or continues to violate any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement,_ the Director may issue_ an order to the ,User responsible for the discharge directing the User come into compliance „within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated._ Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability for any violation including any continuing violation. Issuance of a compliance order shall not be a bar against or a prerequisite for, taking any other action against the User. U Cease and Desist Orders When the Director finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge ,permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the User's past violations are likely to recur, the Director may issue an order to the User directing it to cease and desist all such violations and directing the User to: Immediately comply with all requirements; and ii Take such appropriate remedial orpre_ventive action as may be needed to properly address a continuing or threatened violation, including halting_ operations and/or terminating the discharge. w Issuance of _a _cease and desist order shall not be a bar against, or a prerequisite for,, taking_ any other action against the User. Em=ncE Sus pensions The Director may immediately suspend a User's diseharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened .discharge,_ which _reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately aUser's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW or which present... or m4y present, an endangerment to the environment. Q Any User notified ,_ofasuspension of its discharge shall immediately stop or eliminate its contribution. In the event of a User's failure to immediately ___compl voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection to prevent or minimize_ damage to the POTW, its receiving stream, _ may_allow the or endangerment to any individuals. The Director .. User to recommence its discharge when the User has demonstrated to the satisfaction of the Director that the period of endangerment has passed, __unless the termination proceedings of subsequent paragraph (h) of this Section 17 -11 are initiated against the User. ii A User that is responsible, whole or in part, for any discharge -presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the _ _measures taken to prevent fixture occurrence, to the Director prior to the _date of any show cause or termination hearing under paragraph (c) or (h) of this Section 17- 11. Nothing in this Section shall be interpreted as requiring a bearing prior to 4gy Emergency Suspension under this Section. Termination of Discharge In addition to the provisions in Subsection {n)L4) "Revocation of Permits" of this Section 17 -10 any User who violates the following conditions is subject to discharge termination: 71 D Violation of individual wastewater discharge permit conditions-, ii Failure to accurately report the wastewater constituents and characteristics of its discharge, iii Failure to report _ significant changes in operations or wastewater volume constituents and characteristics prior to discharge; iv Refusal of reasonable access to the User's premises for the pumose of inspection, monitoring or sampling, or O Violation of the Pretreatment Standards in Section 17 -5 of this Article. Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this Section 17 -11() why the proposed action should not be taken . Exercise of this option by the prerequisite taking any other action Director shall not be a bar to, or a sere u�site for,. ta„ , . against the _User. 02) Costs Any User who violates any of the provisions of this Division or who discharges or causes a discharge producing, a deposit or obstruction,_ or causes damage to or impairs the wastewater treatment and collections stem includin all receiving systems) under the jurisdiction of the City shall_ be liable to the City for any expense, loss or damage caused by such violation or discharge. The DirectorT shall bill the User for the costs incurred for any cleaning, re air or replacement work caused by-the violation or discharge. Lc) Administrative Fees (D When the Director finds that a User has violated or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirements, the Director may-fine such User in an amount not to exceed two thousand five hundred dollars ($2,500.00). Such fines shall be assessed on a 12er-violation er -day basis. In the case of monthly or other lone -term average discharge limits, fines shall be assessed for each day during the period of violation. 72 Users desiring to o dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within ten (10) days of being notified of the fine. Where a request has merit, the Director may convene a hearing on the matter. In the event the User's appeal is successful, the payment shall be returned to the User. The Director mgy add the costs of Rreparing administrative enforcement actions such as notices and orders to the fine. Q Issuance of an administrative fine shall not be a bar against- or a prerequisite for taking any other action against the User. Director Reconsideration and User Administrative 4pj2ea ls M Actions Subject to Director Reconsideration and /or Board of Works. Appeal.Any_User aggrieved by a final action delegated to the Director under: La) Section 17- 10La)(2) requiring a User to restrict the volume or point of discharge; h) Section 17- 10(x)(3) requiring a User to install a storage or flow - control facility; Lcl Section 17- 10(a)(2) denying a permit transfer; or Q Section 17 -10 n 4 revo king a permit. (e) This Section 17 -11, subsection (al, issuing any authorized Administrative Enforcement Reined . mgy re nest reconsideration by the Director within fifteen 15 days of such Director action, and the Director_ shall have thirty_(30) clays from receipt of request to make a decision related to reconsideration. If the Director fails to act within thirty (30) days from receipt of the request, or if the Director's reconsideration decision is urisatisfactory to the User_ request ngi reconsideration, the User may appeal such decision to the Board of Public Works upon submission of a written petition ,for review filed with the Board of Public Works within severe 7 days after notification of the ' Director's decision, or if the Director fails to act, then the written petition for review shall be filed with the Board of Public Works thirty -thirty-five 35 ,r) days the _ date of _Muestfor Director reconsideration. 73 Filing Requirements and Procedure (aj A request for Director reconsideration and a petition for appeal filed under the_ foregoing _provision must identify the sRecific action or condition to which objection„ is made,, the legal and factual basis for _ the objection attaching any documents supporting sgpporting the objector's position, and the alternative condition or result, if any, that the objector desires. (b) A request for Director_ reconsideration and a_ petition for appeal shall ,be deemed timely filed if delivered in person to the Director's office in the case of a request for .reconsideration or the Board's office in the case of petition for gpveal, or by electronic transmission: or if sent bv:mail. it is host - marked on or before the O If the Board fails to hold a hearir g on a„ petition for appeal within thirty 30 days, or to render a decision within sixty 60 days after the _filing of the petition the petition shall be deemed denied. Le) Judicial Review Any person aggrieved by a_fiinal_ action of the Board of Public Works under: 1 Section -17-10(d)(1) approvinp, or denying an application for an individual wastewater discharge permit_ including any condition, obligation, or limitation imposed by permit_under Section 17_10 or this Section 17 -11 21 Section 17 -1 ON) modifvina a permit or condition thereof: 3 Section 17 -10 r 2 3 4 or 5 reiecting wastes in whole or in part, requiring retreatment of such wastes requiring_ flow equalization, requiring a surcharge, or _disarm roving the design Qf any pretreatment plant or equipment; or 4 Subsection (c)ffl of this Section 17 -11. Shall be subject to judicial review by the filing of a complaint for review of final agency action with the St. Joseph County, indiana Superior or Circuit Court. 74 SECTION VIII. The present version of Chapter 17, Division 3, Section 17 -12 of the South Bend Municipal Code is renumbered as Section 17 -15 inserted hereafter. Section 17 -12 is now be amended to read in its entirety as follows: Sec. 17 -12. Judicial Enforcement Remedies La) Injunctive Relief When the Director, _finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge_ permit, or order issued_her_eunderi_or any other Pretreatment Standard or Requirement, the Director may petition the St. Joseph Superior or_ Circuit Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, or other requirement imposed by this ordinance on activities of the User. The Director may also seek such other action as is appropriate for legal and /or equitable relief including a requirement for the User to conduct environmental remediation. A petition for injunctive relief shall not be a bar against: or a prerequisite for, taking any other action against a User. bbi Civil Penalties LU A User who has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or „Requirement shall be liable to the City for a maximum civil penalty of Two Thousand- five Hundred Dollars ($2,500.00) per violation per day. In the case of a monthly or other long -term average dischgMe_li_mit, penalties shall accrue for each day during the period of the violation. Q The Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.— Q In determining the amount of civil liability the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation. any economic benefit gained through the User's violation corrective actions by the User, the compliance history of the User, and any other factor as justice requires. 75 Filing a suit for civil penalties shall not be a bar aLyainst, or a rere uisite for taking any other action against a User. fcj Remedies Nonexclusive The remedies provided for in this Division are not exclusive. The Director m@y take any, all oLany combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response guide. However, the Director may take other action a ainst aLiy User when the circumstances warrant. Further, the Director is empowered to take more _than, one enforcement action against any noncompliant User. SECTION IX. The present version of Chapter 17, Division 3, Section 17 -13 of the South Bend Municipal Code is renumbered as Section 17 -6 inserted hereafter. Chapter 17, Division 3, Section 17 -13 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -13. Supplemental Enforcement Action (a) Penalties for Late Reports A penalty of two hundred fifty dollars „C$250.00) may be.assessed_to any User for each day that a report required by this Division a report required by a permit or order issued hereunder is late. Actions taken by the Director to collect late reporting enalties shall not limit the Director's authority to initiate other enforcement actions that may include penalties for late reporting violations, Per Bonds The Director may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to comply with any provision of this Division, a previous individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Re uirement unless such User first files a satisfactory by ond,payable to the City, in a sum not to exceed a value determined . by the Director to be necessary to achieve consistent compliance. O Liability Insurance The Director may decline to issue or reissue an individual wastewater discharge_ to_ any- _User who has failed to comply with py _provision of this Division — a previous individual wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or Requirement unless the User viol first submits proof that it has obtained financial assurances sufficient to restore or repair damage_ to the POTW caused by its discharge. l`) Denial or Non - Renewal ofPermit The Director mgy decline to issue or reissue an individual wastewater discharge permit to any User who has failed to pay any outstanding fees, fines or penalties incurred as a result of M -provision of this Division, a previous individual_ wastewater discharge permit, or order issued hereunder. Ue Water Supply Severance Whenever a User has violated or continues to violate any provision of this Division, or violates an individual wastewater discharge permit, or order issued hereunder or any other Pretreatment Standard or Re A uirement water service to the User . may be severed. Service will recommence, at the User's expense, only after the User has satisfactorily demonstrated its abilijy to comply. (0 Public Nuisances A violation of any provision of this Division, or a violation of an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement is :hereby declared a public nuisance, and shall be subject to the provisions of The South_ Bend Municipal Codg governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. i Administrative Appeal._ Appeal of Director action under subparts (a) through (d) „df,this Section 17- 13 is subject to the terms of Section 17 -1 l(c) of this Division specif ying Director reconsideration and/ or administrative appeal. Appeal of a termination of water service under subpart e of this Section shall be subject to judicial review under Section 17 -11(d) of this Division. SECTION X. Chapter 17, Division 3, Section 17 -14 of the South Bend Municipal Code is deleted in its entirety, and Section 17 -15 is renumbered and repositioned as Section 17 -17 and Section 17 -14 shall now be amended to read in its entirety as follows: Sec. 17 -14. industrial flow infennation. Pretreatment Charges and Fees 77 analysps shal��& a4 the user's expense. -if made by 4he QtY, an apprep-n-af-e charge may-be The City mqqy adopt reasonable fees for reimbursement of costs of setting up and oMrating the City's Pretreatment Program. which may include: (g) Fees for wastewater discharge permit applications including the cost of processing such applications, b� Fees for monitoring, inspection, and surveillance rocedures including the cost of collection and analyzing a User's discharge, and ----reviewing monitorin reports and certification statements submitted by Users. All Users shall incur a minimum b City a hundred dollars „_($100.001 for sample collection, activities m_ mum fee of, on personnel, O Fees for reviewing and res onding to accidental discharge procedures and construction, l') Fees for flip a eals Le) Fees to recover administrative and legal costs fnot included in the above Subsection b of this Section 17 -1 S associated with the enforcement activity taken by the Director to address IU noncompliance; and ff Other fees as the Cijy may deem necessary to ca out the re uirements contained separate from all � matters covered by this ordinance fees relate sages and penalties chargeable n p_ other fees, f, _ r eable bYthe City. If ordinance is invalidated by 1 any court„ of competent jurisdiction, any p provisions n o this be affected �and lshall continue in full force and effect. the remaining provisions shall not „ SECTION XI. Chapter 17, Division 3, existing Sections 17 -12 and 17 -13 of the South Bend Municipal Code are now combined and renumbered as Section 17 -16, and this combined Section 17 -16 is now amended to read in its entirety as follows: Sec. 17 -126. Unpolluted a Cooling waters. La) Ura olluted cooling waters Unpolluted water from air conditions, cooling, condensing systems or swimming pools shall be discharged to a storm sewer, where it is available, or to a combined sewer approved by the City. Where a storm sewer is not available, discharge may be to a natural outlet approved by the City Engineer and by the State of Indiana. Where a storm sewer, combined sewer or natural 78 sewer is not available, such unpolluted water may be discharged to a sanitary sewer pending written approval by the City Engineer. (b) Polluted cooling waters. Industrial cooling water, which may be polluted with insoluble oil or grease or suspended solids, shall be pretreated for removal of pollutants and the resultant clear water shall be discharged in accordance with the above section. SECTION XII. Chapter 17, Division 3, Section 17 -15 of the South Bend Municipal Code is renumbered as Section 17 -17. Former Sections 17 -16 and 17 -7 are deleted and the title heading of Section 17 -18 is amended, all of which changes shall be as follows: Sec. 17 -157. Industrial wastewater sampling. The strength of wastewaters shall be determined, for periodic establishment of charges provided for in the sewer rate ordinance, from samplings taken at the aforementioned structure at any period of time and of such duration and in such manner as the City may elect, or at any place mutually agreed upon between the user and the City. Appropriate charges for sampling and analysis may be assessed to the user at the option of the City. The results of routine sampling and analysis by the user may also be used for determination of charges after verification by the City. Gee 17 16. 79 -- :: 79 Sec. 17 -18. Protection from damage; arrest for violation. No unauthorized person shall maliciously, willfully or recklessly break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest. SECTION XIII. The existing versions of Chapter 17, Division 3, Section 17 -19 and Section 19.1 of the South Bend Municipal Code have been moved and renumbered as Section 17 -9 pursuant to Section V of this Ordinance. Former Section 17 -9 is moved and now recodifed as Section 17 -19 which follows. Section 17 -19.2 of the South Bend Municipal Code is deleted because it is covered elsewhere in this Ordinance. Section 17 -19.1 is recodified and combined with existing Section 17 -19, which is now amended to read in its entirety as follows: Sec. 17 -19. Discharges into sanitary sewer prohibited. (a) No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of said City, any human excrement, garbage or other objectionable waste. (b) No person shall discharge or cause to be discharged to any sanitary sewer, either directly or indirectly, storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted water or unpolluted industrial water. (c) Storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewers which have adequate capacity for their accommodation. No person shall use such sewers, however, without the specific permission of the City. (d) No new connection shall be made unless there is capacity available to all downstream sewers, lift stations, force mains and the sewage treatment plant, including capacity for BOD and S.S. (e) No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the City, any wastewater or other polluted water except where suitable treatment has been provided in accordance with provisions of this article and the NPDES permit. (f) No person shall discharge or cause to be discharged to any natural outlet any 80 wastewater or other polluted water except where suitable treatment has been provided in accordance with provisions of this article and a NPDES permit. (g) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (h) The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right -of -way in which there is now located a public sanitary or combined sewer of the City is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within three hundred (304) feet of the property line. SECTION XIV. Chapter 17, Article 2, Division 4, Section I7 -27.1 of the South Bend Municipal Code is hereby deleted because its substance is covered by Code Chapter 17, Article 2, Division 3, Section 17- 10(d). SECTION XV. Chapter 17, Article 2, Division 6, of the South Bend Municipal Code shall be amended to read in its entirety as follows: DIVISION 6. , SEVERABILITY, CONFLICT Any diseharger violating any of the this --ahe W-IN ef artiele, or diseharges damage impairs or, causes W of eauses te of the wastewater all receiving City shall be liable to !he City fer systems) tmdeF-the4urjsdk4jon-of4he less damage any expense, diseharge. The City shall bill the discharger- far r sueh violation e r-eplaeeffi.-eal. eaused by the violation or diseharge. �. SECTION XIV. Chapter 17, Article 2, Division 4, Section I7 -27.1 of the South Bend Municipal Code is hereby deleted because its substance is covered by Code Chapter 17, Article 2, Division 3, Section 17- 10(d). SECTION XV. Chapter 17, Article 2, Division 6, of the South Bend Municipal Code shall be amended to read in its entirety as follows: DIVISION 6. , SEVERABILITY, CONFLICT Any diseharger violating any of the this --ahe provisions disehar-ge a deposit ef artiele, or diseharges damage impairs or, causes a produrping or obstruction, treatment and collection system (ineluding of eauses te of the wastewater all receiving City shall be liable to !he City fer systems) tmdeF-the4urjsdk4jon-of4he less damage any expense, diseharge. The City shall bill the discharger- far or eaused by the inouffed &F-any-ek-aning-,+epaff-of sueh violation e r-eplaeeffi.-eal. eaused by the violation or diseharge. eests 81 Sec. 17-34 32. Construction of nArticle. No statement contained in this aArticle shall be construed as being amendatory to or taking precedence over the provisions of this Code fixing the schedule of rates and charges to be collected by the City from the owners of property served by the wastewater collection and treatment system. Sec. 17 -3-5 33. Severability'and conflicts. (a) If any provision, paragraph, work, section or chapter of this aArticle is invalidated by a court of competent ,jurisdiction, the remaining provisions, paragraphs, works, sections, and chapters shall not be affected and shall continue in full force and effect. (b) All other City Code provisions, ordinances and parts of other ordinances inconsistent or conflicting with any part of this aArticle are hereby repealed to the extent of such inconsistency or conflict. Secs. 17-38 34- 1738. Reserved SECTION XVI. —This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 82 Attest: City Clerk Member of the Common ouncil Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2 _�, at o'clock m. City Clerk Approved and signed by me on the day of , 2 , at o'clock, .m. 1 sf READING S- t PUBLIC HEARING 3 rd READING NOT APPROYfD REFERRED PASSW 83 Mayor, City of South Bend, Indiana i MAY Ui JOHN V f� CPTY �R Ct.��� i#Er , ..,.,,a r �t!'CFEgCRD, IN f uriatl action oil j�- fSSe c, Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2 _�, at o'clock m. City Clerk Approved and signed by me on the day of , 2 , at o'clock, .m. 1 sf READING S- t PUBLIC HEARING 3 rd READING NOT APPROYfD REFERRED PASSW 83 Mayor, City of South Bend, Indiana i MAY Ui JOHN V f� CPTY �R Ct.��� i#Er , ..,.,,a r �t!'CFEgCRD, IN f oU� -% City of South Bend Common Council I865 441 County-City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President Timothy A. Rouse Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al. "Buddy' Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large June 9, 2011 Dear Council Members, (574) 235 -4321 Fax (574) 235 -4173 http://www.southbendia.gov I am asking that Bill 25 -10 the tax abatement bill be withdrawn from any consideration at this time. Thank you Sincerely, Thomas LaFountain 3`d District Councilman CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA CONTROLLER May 4, 2011 (�" � � 0 -_� Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 re: Omnibus Capital Investment Bill for Appropriation by the Common Council Dear President Dieter: City Administration has been actively pursuing several projects pertaining to economic development, community development, and structural improvement of interest and benefit to the City of South Bend. As such, City Administration herewith submits for Council consideration, the attached bill, which includes the request of funding for projects as follows: Potawatomi Conservatory — request for capital investment of $1.2 million to renovate and rehabilitate the existing conservatory facility, whereby securing the facility as a cultural asset of the City of South Bend. Funds will be used to affect required repair and maintenance, and upgrade to the existing structure. Alonso Watson Bridge — request for capital investment of $0.7 million to replace the existing structure, which is deficient and presently unusable due to structural deficiencies. Street Paving — request for capital investment of $2.1 million to allow additional street paving projects to be affected in fiscal 2011 required to improve certain deficient city streets and for installation of a new traffic signal on Western Avenue at Laurel Street to accommodate efficient traffic flow in and out of the Kroc Center. Street Lighting — request for capital investment of $0.3 million to improve city street lighting in certain areas of the city. Site Consolidation — request for capital investment of $1.2 million to allow for consolidation of property adjacent to the former St. Joseph Hospital site to support economic development and community development investment. Utility Relocation — request for capital investment of $60k to affect relocation of utility locations pertaining to the State of Indiana US 31 project. County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 -1830 Phone: 574/235 -9216 Fax: 574/235 -9928 TDD:574/235 -5567 *4''J ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $9,150,000 FOR MAJOR CAPITAL INVESTMENT PROJECTS IN 2011 STATEMENT OF PURPOSE AND INTENT Several projects pertaining to economic development, community development, and structural improvement have been identified of interest and benefit to the City of South Bend. Among these are: Potowatomi Conservatory renovation and rehabilitation ($1,200,000); 2. Alonzo Watson Bridge replacement due to structural deficiencies ($700,000); Street Paving and Kroc center traffic signal ($2,100,000); 4. Street Lighting improvements ($300,000); St. Joseph Hospital area site consolidation for economic and community development investment ($1,200,000); 6. US 31 Project utility relocation ($60,000); 7. Transpo Property site acquisition and related costs for economic development of this site ($1,000,000); 8. Sewer infrastructure investment at Riverside & Angela to facilitate economic development ($1,500,000); 9. Miracle Park planning, property acquisition and infrastructure improvements ($1,000,000); 10. East Bank riverwalk repair of structurally deficient boardwalk support pylons ($50,000) 11. Elbel Golf Course water pump equipment replacing inefficient and obsolete equipment ($40,000); It is necessary to appropriate the funds to make the above identified capital investment expenditures. 1200 C ouNTY -CiTr Buxwm. 227 W JEFFERSON BOULEVARD Soli -H BEND, INDIANA 46601 -1830 PHONE 5741235 -937I FAx 574/235 -9021 CITY of So= BEND STEPHEN J. LuECICE, MAYOR C®MMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY ExFcuTIVE DIRECTOR March 28, 2011 Derek D. Dciter, 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 , Pamela C. ever Director Community Development cc: C. Nesbitt C. Dressel J. Gibney J. March J. Murphy G. Zientara Filed In CIRRI s Off io i APR r •• CITY CLERK SOUTi -0 BENrl IN COMMUNm DmLoPMENT ECONOMIC DEVELOPMENT FINANCIAL LAG PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9669 5741235 -9371 E'L17-ABETH LEONARD PAX: 5741235 -9469 5741235 -9371 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 H. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest, City Clerk Member of the Common Counc' w 11 Presented by the to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock , M. City Clerk PUPIUC 00 3rd F,U-,G NOT PASSLD Approved and signed by me on the day of 2 _y at o'clock . M. Mayor, City of South Bend, Indiana c1r. IN r~ Department of Justice t Office of Justice Programs y Office of the Assistant Attorney General Washingion, U.C. 10531 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 of the 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 111whingrnn. AC 10531 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 come 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 U.S.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:// www ,ojp.usdoj.gov /ocrietfbo.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(a), or other Federal grant program requirements, must meet two additional requirements:(]) 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,B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for 5500,000 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. For assistance in developing an EEOP, please consult OCR's website at http: / /www.ojp.usdoj.goy /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 $500,000 and has 50 or more employees, your organization still has to prepare an ESOP, 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 Fong can be found at http: / /www.ojp.usdoj.gov /ocr /ecop.httn, 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 EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR, The Certification Form can be found at bttp: / /www.ojp.usdoi,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 Subrecipients 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 EEOP, reporting. Findings of Discrimination, and providing language services 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.usdoj.gov /ocrl. Sincerely, Michael L, Alston Director cc: Grant Manager Financial Analyst, r Department of Justice v 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 1400 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 $7,233 Total Direct Cost $209,333 Indirect Cost $o 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.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Leigh Benda Acting Chief Financial Officer 1200 COUNTY -CITY BUILDING 227 W. JEFFERSON gouLEvAku SOUTH BEND,1NI)uNA 46601 -1830 PHONE 574/ 235 -9371 FAX 5741235 -9021 TDD 574/ 235 -5567 CITY OF So T ii BEND STEPHEN J. LUECKE, MAYOR C®MMUNI' `Y & ECONOMIC DEvEL®PMENI' JEFFREY Y. GIBNEY ExEcunvE DIRECTOR May 16, 2011 Mr. Derek Deiter � � � l President, South Bend Common Council La� �!, "j 227 W. Jefferson Blvd., Suite 400 -- ,m. - -�- ®�-- - South Bend, IN 46601 Dear President Deiter: The attached bill for Council consideration and approval will appropriate $1,708,707 in 2011 Neighborhood Stabilization 3 (NSP3) funds for the three year period of March 8, 2011- March 7, 2014. This action allocates new funds in accordance with the 2011 Action Plan and NSP 3 Amendment of the Housing and Community Development Plan (HCD) submitted to the Department of Housing and Urban Development on March 1, 2011. As was explained in the email notification to the Council sent February 8, 2011, the 2011 HCD Action Plan NSP3 Amendment was the subject of a 15 -day public comment period that began February 11, 2011 and expired February 25, 2011. The City received the Release of Funds Notice on April 21, 2011. Grantees have to expend 50% of the funds within 24 months from the HUD grant agreement execution date of March 8, 2011, and 100% no later than March 7, 2014. Should there be any questions on this bill please contact meat 235 -5845. I will be present to address this issue at the June 13, 2.011 meeting. Thank you. Sin re ff r ela C. Meyer" Director cc: Jeff Gibney Gregg Zientara John March Laura Raygoza COMMuNI7Y DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM ,��✓ PAMELA C. MEYER DoKALD F, 1NKs MANAGEMENT C V f 574/235 -9664 5741235 -9371 ELIZABETH LEONARD FAX: 574/235 -9697 5741235 -9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $1,708,707 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE NEIGHBORHOOD STABILIZATION PROGRAM 3 FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING, MARCH 8, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Statement of Pu ose and Intent: The government of the City of South Bend, in partnership with the City's private sector and residents, is committed to the goal of improving the quality of life in the City; its neighborhoods, and for its residents. As part of this commitment to a comprehensive community development and improvement program, the City of South Bend, through its Department of Community and Economic Development, has applied for and has received on March 8, 2011 the approval of the United States Department of Housing and Urban Development to expend $1,708,707 in the execution of certain housing rehabilitation/assistance, neighborhood development, and general program planning and development activities. In order to implement the aforementioned activities, funds are required. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $1,708,707 is hereby appropriated for the program year starting March 8, 2011, for the City of South Bend's Community Development Block Grant/Neighborhood Stabilization Program 3 (Program Year 2011). The appropriation shall be used as approved by the United States Department of Housing and Urban Development under the Wall Street Reform and Consumer Protection Act of 2010, American Recovery and Reinvestment Act of 2009, and the Housing and Economic Recovery Act of 2008 (Public Laws 111- 203,111 -005, and 110 -289) and of the Code of Federal Regulations, Part Five Hundred and Seventy (570) for Community Development and as modified Neighborhood Stabilization Program 3. This appropriation shall be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2011 Housing and Community Development (HCD) Action Plan and Amendment, which are hereby approved and incorporated by reference with respect to the following distributions: B -11 MN -18 -0011 Neighborhood Stabilization Program 3 Dept. of Community & Economic Development - Admin 105,000 Northeast Neighborhood Revitalization Organization 1,603,707 Permanent Rental Housing for Special Needs Population 493,067 Redevelopment of Vacant or Demolished Properties TOTAL 1,110,660 $ 1,708,707 SECTION 11. No costs will be incurred or funds expended for any of the activities addressed in this ordinance prior to completion of Tier Il of the Environmental Review Process specified in Title Twenty -four (24) of the Code of Federal Regulations, Part Fifty Eight (58) containing the Environmental Review Procedures for the Community Development Block Grant Program. The official release of funds from the United States Department of Housing and Urban Development is dated April 20, 2011. SECTION 111. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk � � . Member of the Common Co cil Of y 8r't s cud figui on V , Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20 , at o'clock M. Approved and signed by me on the o'clock m. 1 st READING S- 2-3 - L 1 PUBLIC HEARING 3 rd READING NOT APPROVED. REFERRED PASSED City Clerk day of 20_, at Stephen J. Luecke, Mayor 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 740 WEST IRELAND ROAD, SOUTH BEND, IN 46614 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 be granted for the property located at: 700 West Ireland Road, South Bend, Indiana 46614 in order to permit the incidental sale of firearms as a part of Wal -Mart Supercenter retail store. 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 111. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. .� 6- o," Member of the Common Council 1792047v! MAR 142011 CITY IN PRE S'01 + D NQT. APKO 't',i) Plan of Operation Proposed Sale of Firearms Wal -Mart Stores East, LP, 700 West Ireland Road, South Bead Introduction Wal -Mart Stores East, LP ( "Wal- Mart") operates a Wal -Mart Supercenter on approximately 23 acres located at what is commonly addressed as 700 West Ireland Road, South Bend (the "Store "). The Store contains over 200,000 square feet of gross floor area, and sells a variety of hard and soft goods. One category of goods currently sold at the Store is sporting goods. Within this category, Wal -Mart sells a variety of goods related to camping, hunting and fishing. Wal -Mart desires to add an assortment of rifles and shotguns to this category of sporting goods available for sale at the Store. Wal -Mart is or will be selling similar goods in a number of stores in Indiana, as shown on Exhibit "A ". The South Bend Zoning Ordinance requires that a special exception be obtained in order for a retail store to sell firearms. After discussing the proposal with two City Councilors, Wal -Mart has put together this "plan of operation ", which shall be considered as a portion of its Special Exception' Petition, in order to provide transparency as to its intentions and certainty in its operation with respect to the sale of firearms. Assortment/Location Wal -Mart shall limit sales of firearms to rifles and shotguns intended solely for hunting and target shooting. There shall be no sales of handguns or tactical guns at the Store. All firearms and ammunition shall be sold in the sporting goods department, and shall be kept in locked/secure display cases, with the exception of some shotgun shells that are typically used for clay target shooting. The initial location of such items is shown on the "plan o gram" attached hereto as Exhibit "B ". Operations Wal -Mart has several policies to insure the safe sale of firearms. First, all persons desiring to purchase a firearm are subject to a background check, unless a specific state statute allows for an exemption for those individuals who carry a valid local concealed weapon permit, an "official duty" purchase or if an individual carries a valid federal firearm license. Only when the background check agency provides a "proceed" response may the sale take place. All sales will take place at the sporting goods counter (See Exhibit "B "), and a member of store management must escort the customer from the Store to the customer's vehicle. v ED m 0 lalt to W(NOO� W NOW (h pp N�ih C)-40) [? V O1 (d)7vW V _N V O W OV1N0'O�!(WOAmN wN O? WN VLOD� A Co ovo CVO (VD -4 Ch 90�nan�m_0:5 O�r�mCx �DDymnCCmCOO �- MD- �O z,z t7ra���Kvgz0000t �a zZ�mrr :E mm �C]Drn� nOm><(j) 0Q OanODaOfnzOD�OrnnDA� mc�7nG�7eOG�C cn�r x mm mv) 0mmpal A(n0�pcc��0 x DODO -I x ym mm �nmzz-a xnOm �zz OTmpr mp z x5�z_ Z zo�mmOz���a cpoow O�z(n u,OC�W cz� m m_OZ -Iz i7 r �om`zrDr zto ZGZ ©zZ'UZCDWr zz CCU - -m l..'��Cm� ZZm O-- zz- cnC -r(A� .6czmzz z �zmz �zo oZZ= zo��a�S z Z r '-' m z Z z zmmZmm Z Z Z Z z Z z l A NEn W NrnA VN OC10N V�Q co V(nO WNNCAW CA WOmCnNNOdA CniOOOOO W W A-x�NN Cn d�_+O W N(n (�716)dodA W WOCn -�NAw VOdCnNW V Q W -+O V GNO- +0000Cn0cnomcn m W Cn uO(A z cn[>mmv, Z d m�- m�mmzg ddCn =CS�zm(nnmWZ� W 00 ,4 OO/ CnA�ON �CnO ;zC: c z- COU)Zcm'L z'g. �'tnK iDtn m)ilp-fxDC�`n- X Sm 0 OS� �x Ord`'u� z _ N- �� iU)m- -�l� -ADC?- -� 'rimx m6C)bmOr U) z p yCrwDOZCO D mrDOZ.ZIS Z�f- gC�C]- 1��-iD D DmS x G r0 -a -flr .0 A -rnm0 DDr - Imm� p0 So z Z D�Or Sn U D z�Y r�n�zmDrZ x -{ pp t O -�xm Sza O r�SO D���� fnzZZC7Z C zCmn(7 <m��m �mv n �ro or0 ��pZU1 �y��n �]D (n --1Sy -r r Z (n -{� - {ate.... ��cwnUmi fj)mm Z fn �ZLrU)O.ep. -im a 0 'a 0C ��Q�m rD cq m C7 � cnn qt wm r Z r X n Q m p O A < UJ a �1� ...�(N.+. wm -{ � W -<�� OZ m � Om �a © m o n �tA�NW W NP)A V O ooN V-s Cn W V NQ WNN (b W O(DCnCnCn0OACm Nw WA CA co W OOOdO (n jNNV a)�d W -s W W NCn(ncmOOOA..''oC, N-+iN W W N V NNN --+N A-+ W OCny NOO VOOUCnW V 'p, 1n OCn0Cn0OCn Lb Cn Cn Ch O(n VIO�O��O- c(�m (n z cnODn O�gmp. m o m� �rnxmC�mu)U)m= + m�-rn OD�nD -+OOCn mFr� z�CS S OO 'M'D Odm trA O W W C9 m� O�c zmm CZ ocnrrEViz�jzrn �a- 0 wOC cnx� tn�icn z� -r- ��m-im jM5!ZM� -I {yc� r�c)OO��O��nOZCO� nm� CD' C r�(7ZA) Z z= �}c7 -� Dwn �-� to ouOmcnz C7ao p0 =m�D�go,�77z -1 - GnOC7UrmV'� ����zm�wonm� m...n���mD- iSZ0�zmv'M ZCna,7N"�rG' U,-lOSrwxo xn� mT•xM Z z �r-SC W Z m- ��cnm�epOn�7�D > QUO > y9mm0 zD -1 uS- -�t7 S- O�-�p IYD m0M(n nz (n r Z> -C ��Cm�O ni ODD mrm-3y �w22 Or �� m z-�z CUs mgr ��n (arC� C�o��0aa �m�m ( � n 0 W "t�t«D D 0,< -�{�cn W FmT7 mm� I.--' --j Oz f7 O �cnnm���"� � m D C :0 D i �CYnrC)w p mrmCX7y�Dzm�ccm000 z� z �mvCL XnzC3 t7 o-�a r: wxKKu)Zo zz �vrrx�X ol(og7 OCy000m C) gGxon(n roc7mCcn�G)G) zpZ,rOr- G)c��(0 "> DC�D'3�i x,yMm �D� -�z nmbr- m0...{ z orOT mcnmmm- S� az C�C7�ccx� z0� - -OS� C:<wwCO�Srnz%osC� �© GOD2- cnmozgl >AX T>oDp- tU,�zS -•i xybmnnx� cz om-imm -zz m�?)C7 -3 DrOm mz� oz OZ a AmCc -Z u, -i m n "D X7 m�-i ��MCmD0 O z x 0) �om m ;u m o o< C 0 Z rm m m r m zzzZZZZZZZZZZ— zz— zzzzzzzzzzzzzzzzzzzzz`zzzz y �i ro V V V V V O w Om0 V V V V Ocn V -4 -4 W W A V V A W VnOON A V A A A V V V A A A A V O M s -82Vn W O O 0 A A A A A A ? A A A ChW CD CO V V¢)(n (n W AOWO A C W pA .+) - A CA -+ .pA W W O A co W 0 C NA O NNOC) A- AONA O GIB cDN to 0r, CnON V4_w WAN W 0)A CO V (nA W W Cn-+O CnO O a ro f z Bt�SLS�i� a � 7r__-ou fW6j, Q b31Nnoo ,9 _ a (p z cn ca � � >0 y rn Vic¢ z� W V) n a C Q v� 6' -0'f ox = c') Q z Z G7 tI) O c0 D cn C lu an 1 x c � rn rn u3 W v o a f tn_�:o N f !mil ' M Z C!1 O ,1D Icn-) Dy C 07 U) D can I CD 0 p r Q Z Fri cn � cn z C W y Q7 -11 1 W I� N 00 C Z (� 91 �] M 0) � (, V) cn z O d m b. c cn --A "' cc cn K.- yr c� °i M ) N O 6' -0„ x'54 S _0„ 6VH �,_6,f T48V o j BAIT COOLER CO n ... �y f? ; A. C. a E. PETITION FOR SPECIAL EXCEPTION TO SOUTH BEND AREA BOARD OF ZONING APPEALS PETITIONER: Wal -Mart Stores East LP, a Delaware limited partnership 2001 SE I e Street Bentonville, Arkansas 72716 Attention: Amber Lee Williams (479) 204 -2649 PROPERTY OWNER: Wal -Mart Real Estate Business Trust 2001 SE 10" Street Bentonville, Arkansas 72716 PROPERTY ADDRESS: 700.West Ireland Road South Bend, Indiana 46614 STATEMENT OF SPECIAL EXCEPTION REQUEST The Petitioner currently operates a Wal -Mart Supercenter at the property address described above, selling a variety of goods and services, including sporting goods. The store contains over 200,000 square feet of gross area. The Petitioner is "re- introducing" the sale of firearms within its larger selection of sporting goods, and pursuant to Section 21- 03.05(a)(2)(G) of the South Bend Zoning Ordinance, the sale of firearms falls under the classification of a "gun shop ", thus requiring a Special Exception. STANDARDS FOR GRANTING A SPECIAL EXCEPTION The South Bend Zoning Ordinance provides that a Special Exception must meet four findings of fact. In addition to evidence that will be presented at the public hearing, the Petitioner proposes the following findings: (i) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare..... because the proposed sale of firearms will be incidental and located within an e.xigting retail O rre cnld as a part of a large assortment of sporting goods, and will be adequately secured at the point of sale. Thus, there will be no perceptible increase in traffic or risk that the sale of firearms will be an attractive nuisance. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. ....because the adjacent properties are commercially or industrially zoned and a variety of goods and services are provided inside the store today, such that there will be no difference in the F. Cep 0 1790262vl day to day activities in the store, which, in turn, will not adversely affect the adjacent areas or associated property values. The proposed use will be consistent with character of the district in which it is located and the land uses authorized therein.... because the firearm sales will be incidental to the existing operation of the store and will be part of a large assortment of goods permitted to be sold within the store or the district, including sporting goods, which is a permitted use. (iv) The proposed use is compatible with the recommendations of the South Bend Comprehensive Plan.....because the firearm sales will be incidental and as part of a large assortment of goods sold within the store, all of which is consistent with the Comprehensive Plan designation as "Commercial ". ATTORNEY FOR PETITIONER: Joseph D. Calderon Bose McKinney & Evans LLP 111 Monument Circle, Suite 2700 Indianapolis, IN 46204 (317) 684 -5331 icalderon(i0oselaw.com ZONING CLASSIFICATION OF PROPERTY: CB- Community Business District TOWNSHIP: Centre Respectfully Submitted, At oAey46r Petitioner Wal -Mart Stores East, LP Plan of Operation Proposed Sale of Firearms Wal -Mart Stores East, LP, 700 West Ireland Road, South Bend Introduction Wal -Mart Stores East, LP ( "Wal- Mart") operates a Wal -Mart Supercenter on approximately 23 acres located at what is commonly addressed as 700 West Ireland Road, South Bend (the "Store "). The Store contains over 200,000 square feet of gross floor area, and sells a variety of hard and soft goods. One, category of goods currently sold at the Store -is sporting goods. Within this category, Wal -Mart sells a variety of goods related to camping, hunting and fishing. Wal -Mart desires to add an assortment of rifles and shotguns to this category of sporting goods available for sale at the Store. Wal -Mart is or will be selling similar goods in a number of stores in Indiana, as shown on Exhibit "A ". The South Bend Zoning Ordinance requires that a special exception be obtained in order for a retail store to sell firearms. After discussing the proposal with two City Councilors, Wal -Mart has put together this "plan of operation ", which shall be considered as a portion of its Special Exception Petition, in order to provide transparency as to its intentions and certainty in its operation with respect to the sale of firearms. Assortment/Location Wal -Mart shall limit sales of firearms to rifles and shotguns intended solely for hunting and target shooting, There shall be no sales of handguns or tactical guns at the Store. All firearms and ammunition shall be sold in the sporting goods department, and shall be kept in locked/secure display cases, with the exception of some shotgun shells that are typically used for clay target shooting. The initial location of such items is shown on the "plan o gram" attached hereto as Exhibit "B ". Operations Wal -Mart has several policies to insure the safe sale of firearms. First, all persons alesi —ng, to purchase a firearm are subiect to a background check, unless a specific state µV �a1 statute allows for an exemption for those individuals who carry a valid local concealed weapon permit, an "official duty" purchase or if an individual carries a valid federal firearm license. Only when the background check agency provides a "proceed" response may the sale take place. . All sales will take place at the sporting goods counter (See Exhibit `B "), and a member of store management must escort the customer from the Store to the customer's vehicle. Conclusion Wal -Mart desires and intends to sell firearms and ammunition responsibly, in order to maintain a high degree of public safety. Because the City of South Bend, through its Zoning Ordinance, requires a special exception for such sates, it too places a premium on public safety. By submitting this Plan of Operation, Wal -Mart is providing assurances to both the Board of Zoning Appeals and the City Council that the requirements for granting a Special Exception will be met. 1840123v 2 'SS m m (o L bb r, yI UI O N s r V CT O 41 VJ A - V Cl r sr W W V A 41W 0 N w .rA a. -------- W (l7 O Q V Ol V O y N A (O 01 01 N V O W -I N CI0W (D r y W t0 O V A W 10 W D7 A W � W z W V V V P Orr O V -+ UW V W W O - W N O W N 0.0 V W - O ' O N O V W A W NM 0) 00 0 (p 0 O 0) -+ N �COmCZCynzm5ccm<O Q� n- zrnQ- zi Oc� >OnQn - a °mzo �o�awnA� n �a- ��� _ mrznnm ©ncc <�r zz m xxWomQTC)G)c mr0- nM009XCC�J -<pnxaaODO�N�SS tn�rz7omm ! nm -lmm c�-n Or b z —x--�z cmz ;_Z�OrnmOZWC03M, �.m,ZVZ, -z- cb a C�X>OOm >� zzz o ao *� r-X ZaramZ r mz Crz(n zOZZ_�zCCSZ - -"�` �- C7 Z._ tn(nr ZZmZQ- ,� ,� y 2m -- I- --;D <m n� O(°n- m�ZZ -- zz Z2Z -m2 w x722 z °Z z0Fr -aka rm cz Z1-r fn Z z zz —m� z z ZZZ0 i z lz I � A-481 CWN V stn W WQtO W W W-4 w V CIO 111OOAChw00000 n V N W w ?y1 NN(A wu �Nw4-,• wNN W0] UI0 N W W W OOIi N A(D •-+-N CT jOOOC?AONO- N VNNN --�N As--+ V OO Ul 1hW V A Cn nM 00 V *OO_OOCn Oln O01 Vl 00 Ul Ul cn C) (A g( nC)mm(nX�RZOmQm OM CAOz•- '•O� -+�O0 Ln W W �O0MCD *mmzm=C_x- <ZTM>M N 1(n m- Orbs 4D 0AC]O(1_ W O nz szCO�C� zz �3DQZC0� "ZO Cm �W�mO Ord i Tmbr Z W ,nnb iSaC)m-- i�-i -1 y aCr vlyz- �ro mm= c") )-1 ro-{ z s'3nixmx� ��Dmm p w D- inmFDC]Z�TZ -�� m� r0 i- ��°YZW �O -i m DQ mO�nar ° :(7 Z z�xa�X ZO ;Qr ° mm � U�OmDrnD (n-I� r � Z QZ��U) vlim�� r�S ,. (nzzz °z� S�ma� A Pa Di n >m 2{x1Z�r�Q;; n >mOr -�sn Ozcn�r�r�(nT -zi cn -tGan z -I� a �Wm.im -a Xzu,m Z N ir ° �x� ao °ar - °o �yva{ < {°pD-'° ;it Cr < Cm z vw W m G)Z D m° �Q -T W rnm w -< RCl Oj�jr- O N p a �. m N s A -+ N (T O O] N V UI CO W O(O n.... W N O W V 1T A N N V IQ N W W CS W N N O W W (A •..• O W W W O Ol -+ N W AUl Ln00000- +N11'11110000 A- *NO..' -� N V N N N -+ N -+ A •-� (D V C7 G Ln Cn W 11 A (TS ..+ (D V cn cn0 CA 01(A OD0fil�7C11n�O�O mw Qmb' z••••O���OO (11 W O-0010OOtA Z m (-a(�rt mmZK =CT <z- aWmm(nz Tm 8,0 inAC)OCn�111O :E C Zm mOZOM� rcom m cntoc (n 2: cn -M m2 (n m im- ODDa c70 O x7wSwn>�cnm =; i� *� -�x� �n �"cn 12�z -ir-1 �aO�m�nc7 -I�DW y O (na CO p�ca ��r �nz�xzx7z.. D - j -1 o-f -r ° �°Q G �G�m(nZTOmrp x -iD 0O n�-� <>IDazOwrr- n2Om >r2 �#- -ITm�wd�m2 -a_y romnr cn Z i— raz °uzizmv' � OSrxx b -T zmz Z -CrS< Z LO ooDr2x7� -�1a9 aDmmD O•<p 'S* zy �° I(D - 4"O ="' V.(f) �0'0�m�11m11�E�z Xm a z-Iz-C %oa (n -ib I�ZrA Z>ra�0 < -C 0 -<nl Wx7p 'mOa �> mr -<� r�x7 wrCxy rr mrn� Oz q�("03 D °Omarj�rmi,V1 m m rn m m nO pU) Cx n (n K0 0w -Im-0 05 p r m qDZ x < C x] z Y���� ��wzn[�c�C�D���rX°Da��roG)mC 0 A 2 m i7 c c m Q O O O C D O a O a0TZZ- <�rr�xw 0xrO�C)Ocx-<0Xr-M�mm Q m z O y r O r (n�G��7 D 0 a W X G-d �CnOmm T Ormvlmz pmz a: zzC)roO- --4 W O KQQK- icc -<bn =-aOAp ZO OS o�acnmbz �OmrncCpom�O 2�zv'OC�ad Sul xx Tyomna CZm�?7C) nm-imm I -Zz rC)m Yr0m r p m CrZ(P ° �mCC - z -4 ro 0 �U)Cn m O X m -i Z x �CmD[7 UtC -rN:: OC -gym m O m x7 ° brrfrrrsO� m r Z m r m z z z z z z z z Z z z z z Z Z Z Z Z z Z Z Z z z z Z z z Z Z Z Z z '22 z z z z Z w m A A A A A A V V V V J �i -J (O f0 (00 0000 A A A �l vltiti V OI 117 A A A A A A A A A A A A A A A A A A V+1 V V v V v�1V V V V O��mQ1 U7A A.P W W W NNNN -+-BCD w OW(o(0V A A A. A A A A A W07000A 0)61 G1 V O W W W (JlW A A A A OJ (p tlo 01 W-+ A C7 �( -• 0WON. ANNO --� -•i](D V(n W ? + +A A N A(Jl- -�(D N-�N En V-+W W AN W OY AW W (170{ 0 0 a L bb r, yI 0 831Nnoo ,9 �p - z V) co Y O oi7- �0 C 3: F- T C cj) ZO o © < 6. =i �' tai O © z N z G) can O (D v V) 0 i 1 w U) CA) 0 o o ➢ ��r N D (If J Ui 0 "�' ➢ , cn � ' F- O o >rr z m �c cn z Cr) W UD � W r.' co z n o cn z c� cn z 70 , c� m ^o 9 � (Q i f = Ga cp L� US Vi C-) � M C/) ;U in J cil Cn � O o 36VH$ 48V i BAIT COOLER (D n OWN Legal Description — Wal -Mart ##3436, 700 West Ireland Road, South Bend, Indiana Lot "BB" in Erskine Commons Minor Subdivision, 3`d Replat, as per plat thereof, recorded as Document No. 0517251 in the Office of the Recorder of St. Joseph County, Indiana. 1792433vl AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd, Suite 100 South Bend, Indiana. 46601 (574) 235 -9554 Fnx: (574) 235 -5541 April 7, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Wal -Mart Stores East, LP ABZA 4/6/11 Dear Council Members: The above referenced petition of Wal -Mart Stores East, LP was legally advertised on March 24, 2011. The Area Board of Zoning Appeals gave it a public hearing on April 6, 2011, at which time the following action was taken: Upon a motion by Mr. Velleman being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow for a gun shop and for the sale of firearms, on property located at 700 W. Ireland Road, 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. Building Commissioner CCB /cah WAL -MART STORES EAST, LP SPECIAL EXCEPTION PURSUANT 21- 49.3 (D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building„ fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DIST)UCT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4_ THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMP.REUENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 6th Day of APRIL, 201 1. YES NO MICHAEL URBANSKI ABSENT RANDALL MATT14YS JACK YOUNG M GERALD PHIPPS M ROBERT HAWLEY 0-I JOE VELLEMAN � 1 BRENDAN CRUMLISH AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 Fnx: (574) 235 -5541 1311 F%' t l jn April 7, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception ABZA 4/6/11 Dear Council Members: The above referenced petition of Cosimo Bumbaca was legally advertised on March 25, 2011. The Area Board of Zoning Appeals gave it a public hearing on April 6, 2011, at which time the following action was taken: Upon a motion by Mr. Hawley being seconded by Mr. Young and unanimously carried, the petition for Special Exception for a two family dwelling in a "SF2" District, on property located at 1019 & 1023 Talbot Street is sent to the Common Council with an Unfavorable 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. Building Commissioner CCB /cah BUMBACA SPECIAL EXCEPTION PURSUANT 21- 09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH T14E RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with an: UNFAVORABLE RECOMMENDATION ADOPTED this 6th Day of APRIL, 2011. YES NO M MICHAEL UR13ANSK.I ABSENT RANDALL MATTHYS a) JACK YOUNG 0 GERALD PHIPPS 0 ROBERT HAWLEY JOE VELLEMAN BRENDAN CRUMLISH RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPELAS FOR THE PROPERTY LOCATED AT 1019 Talbot Avenue and 1023 Talbot Avenue South Bend IN 46617 WHEREAS, Indiana Code Section 36- 7- 4918.6 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 recommendations 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 South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1019 Talbot Avenue and 1023 Talbot Avenue South Bend IN 46517 In order to permit a special exception to a allow a two family dwelling in a SF2 District SECTION fl. Following a representation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION Ill. The Common Council of the City of South Bend, Indiana, herebyfinds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the 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 N01 APPROVED DDP.T . Filed i MAR E J 2011 JOW" C17YCLEViK,3C)U.r�r�- °, PETITON FOR SPECIAL EXCEPTION Cosimo Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574- 261 -4695, individually and as manger of Maria B LLC, also of 11788 Bluebell Circle, Granger, IN 46530, petitions the Area Board of Zoning Appeals for a special exception to allow a two family dwelling in a SF2 District in Portage Township as he consolidates the following two properties owned in his name and the name of the limited liability company named above: 1019 Talbot Avenue 1023 Talbot Avenue South Bend IN 46617 South Bend IN 46617 each of which contains a separate dwelling but which dwellings will be joined as a result of this consolidation as shown on the site plan. L Cosimo Bumbaca . ,, Frank J. Agostino, sc. Attdrney for Petitioner 120 W. LaSalle Avenue, Suit e704 P.O. Box 1635 South Bend, iN 46634 574 -288 -3750 574- 245 -5972 (FAX) Frank_Agostino @msn.com 3- -ILi -�/ Date PETITON FOR SPECIAL EXCEPTION Cosimo Bumbaca, 11788 Bluebell Circle, Granger, IN 46530, 574 -261 -4695, individually and as manger of Maria B LLC, also of 11788 Bluebell Circle, Granger, IN 46530, petitions the Area Board of Zoning Appeals for a special exception to allow a two family dwelling in. a SF2 District in Portage Township as he consolidates the following two properties owned in his name and the name of the limited liability company named above: 1019 Talbot Avenue 1023 Talbot Avenue South Bend IN 46617 South Bend IN 46617 each of which contains a separate dwelling but which dwellings will be joined as a result of this consolidation as shown on the site plan. Petitioner affirms and states that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Cosimo Bumbaca Date Frank J. Agostino, Esq. Attorney for Petitioner 120 W. LaSalle Avenue, Suit e704 P.O. Box 1635 South Bend, IN 46634 574 -288 -3750 574 - 245 -5972 (FAX) Frank_Agostino @msn.com 018 -5095- ICATHERINE G.MISC 1103 9 Talbot St South Bend JIN 1 46617 3346 G & M PROPERTIES 11797 Old Oak Drive Granger IN 46530 018 -5095- STALLING SAM & CHERYL 50500 Arrowwood South Bend IIN 1 46617 3355 PIENKOWSKI JAMES Court South Bend IN 46628 018 -5095- J CORP INC 1228 South Bend Ave South Bend IIN 1 46617 3364 BUMBACA COSIMO 11788 Bluebell Cir Granger IN 46530 016 -5095- HILL BERTHA M. 1236 South Bend Av South Bend IIN 46617 3335 ECKER KENNETH & CAROL 50871 Ironwood Granger IN 46530 018 -5095- PUBLIC PARKS 1400 County City Bldg South Bend 46601 3376 BUMBACA COSIMO 11788 Bluebell Circle Granger IN 46530 018 -5095- INNOVATION DEVELOPMENT Mount 3354 LLC 201 N Yates Ln Prospect IL 60058 018 -5093- 038 -5095- HOUSING AUTHORITY OF CITY 1318 Howard St South Bead IIN 46617 3353 OF S. B. 501 S Scott St South Bend 46613 018 -5095- NAVARRO GABRIEL 1318 Howard St South Bend IN 46617 3337 HOUSING AUTHORITY 501 S Scott St South Bend IN 46613 018 -5095 3362 IMARIA B LLC 11788 Bluebell Circle lGranger JIN 1 46530 o18_5o95- jOWSLEY ALFONSO R. AND 3360 ICATHERINE G.MISC 1103 9 Talbot St South Bend JIN 1 46617 018 -5095- 3372 STALLING SAM & CHERYL 1028 Talbot Ave South Bend IIN 1 46617 018 -5095- 3345 J CORP INC 1228 South Bend Ave South Bend IIN 1 46617 018 -5095- 3347 HILL BERTHA M. 1236 South Bend Av South Bend IIN 46617 018 -5102- CITY OF SOUTH BEND -DEPT OF IIN 1 359301 PUBLIC PARKS 1400 County City Bldg South Bend 46601 3285 018 -5093- 3288 NAVARRO GABRIEL 1318 Howard St South Bend IIN 46617 018 -5093- 3288 NAVARRO GABRIEL 1318 Howard St South Bead IN 46617 018 -5093- 3288 NAVARRO GABRIEL 1318 Howard St South Bend IN 46617 018 -5095- 3344 J CORP INC 1224 South Bend Ave South Bend IN 46617 018-5095 - 3357 1008 DUEY LAND TRUST 115 S Lafayette South Bend IN 46601 018 -5095- 3336 FIVE CORNERS LLC 814 Mar 1 -atta South Bend IN 46601 018-5095 - 3363 MARIA B LLC 111788 Bluebell Circle Granger IN 46530 018 -5095- 3371 STALLING SAM & CHERYL 1028 Talbot Av South Bend IN 46617 018 -5095- 3343 GRADY BARRY S. AND MABLE 3435 CREEKVIEW DR South Bend IN 46635 018 -5095- DOUBLE DOMER PROPERTIES 3367 LLC 812 W 15th Place Chicago IL 60608 018 -5095- IIN 3379 KELLEY JOHN H AND MARY E 1004 Ta«..t St South Bend 46617 018 -5095- IIN 3366 HILL ALFONZO AND LILLIE J 1015 Talbot Av South Bend 46617 018 -5095- IIN 1 3374 HUNT GERALD P 10330 Brummit Rd Granger 46530 018-5095 - 11N 1 3361 HOUSING AUTHORITY 501 S Scott St South Bend 46613 018 -5095- IIN 1 3373 THAUMATURGUS INC %The Omega Group South Bend 46614 018 -5095- IIN 3380 WARREN SYLVIA M 1323 Howard St South Bend 46617 018 -5102- 3590 HUIZAR LINO & MARICRUZ 1333 Howard St South Bend IN 46617 618-5095- 3378 COVINGTON PRINCE & LETA 5124 W Colfax Av South Bend IN 46619 018 -5095- 2512 Lincolnway West 3356 SMART GUYS LLC ISte 1 Mishawaka IN 46544 PARCELID NAME 1 MAILINGADD MAILINGCIT MAILING IMAILING �VV 1 f SCOTT JOSEPHINE & LIGON 018 -5095- MATTHEWS JAMES R & MARIA ERNESTINE WIJOSEPHINE RES 3369 E 1011 Cardinal Dr Zion IL 60099 018 -5095- 3351 FIVE CORNERS, LLC. 814 Marietta South Bend IN 46601 NORTHEAST NEIGHBORHOOD IIN 018 -5097- REVITALIZATION DARRELL & CHESTER ALL 3448 ORGANIZATION INC 803 Lincolnway West South Bend IN 46616 NORTHEAST NEIGHBORHOOD 46617 018 -5095- 018 -5097- REVITALIZATION 3352 3449 ORGANIZATION INC 803 Lincolnway West South Bend IN IN 46616 018 -5095- FEDERAL NATIONAL 14221 Dallas Pkwy ste 1302 South Bend 3370 MORTGAGE ASSOCIATION 1000 Dallas TX 75254 018 -5Q95- IN 46617 018 -5095- 414R i r"1WFNfi f1F1 I '1'71r, Cnrifh Ranr1 Asfn Q^,,fh 0—A IKI An_e4� �VV 1 f SCOTT JOSEPHINE & LIGON 018 -5102- ERNESTINE WIJOSEPHINE RES 13582 LIFT= EST 1306 South Bend Av South Bend IN 46617 018 -5095- 3349 HOMEWORKS HOLDINGS LLC 2913 Mishawaka Ave Mishawaka IN 46545 ROWELL ALEXANDER & IIN 018 -5095- DARRELL & CHESTER ALL 3350 BROTHERS 1248 South Bend AVE South Bend 46617 018 -5095- 3352 BLUE & GOLD HOMES LLC PO Box 6462 South Bend IN 46660 018 -5102- 1302 South Bend 3581 ALBERGO PATRICK F Avenue South Bend IN 46617 018 -5095- 3342 FIVE CORNERS LLC 814 Marietta St South Bend IN 46601 1400 COUmY -Cn Y BinrnTN(; 227 W JEFFRRsoN BOULEVARD 5oung BEND, INDIANA 46601 -1830 QTY o.F SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ]LAW PHONE 5741235 -9241 FAX 574/235 -7670 CHARLES S. LEONE .AI-ADEAN M. DEROSE CjwATr0RNFY May 18, 2011 CHjuAsS sayr CrrYATroRNEY Mr. Derek Dieter, President South Bend Common Council z) 4th Floor County -City Building South Bend, IN 46601 RE: Proposed Addition of a Parcel to the Airport Economic Development Area Acquisition List 3408 Ardmore Trail Dear President Dieter: Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. . This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the Airport Economic Development Area (AEDA) to add an additional parcel to the AEDA Acquisition List. Upon making this determination, the RDC passed a resolution declaring the necessity of adding this parcel. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The APC has approved the declaratory resolution. The AFC's resolution is now submitted to the South Bend City Common Council for its approval. 3408 Ardmore Trail is an 83,000 square foot commercial building on 8 acres. The acquisition of this property would allow the Commission to consolidate it with the abutting 8,7 acre Commission owned property, making a larger, more marketable property for redevelopment. Either Bill Schalliol or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. Since 6 ce . ` Wteiver resistant City Attorney THOMAS L. BODNAR CHERYL A. GREENE ANN -CAROL NASH ANDREA L. BEACHKOFSKY LAWRENCE J. METEIVER JEFFREY L. SANFORD JOHN E. BRODEN C 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 23rd day of May, 2011. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: Member of the Common Council Attest: gpft dF INS Uhl 15 Or'!If t- -In -id City Clerk y Filed InC'Jer krs (biz LIMI A-Y1 10 toil PRESENTED J9NW cITL: 0405 JORW vo �Ojt CITY WRK. SoLtrw aLqjn lei NOT APPROVED C VVWD' ADOPTED RESOLUTION NO. 2871 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission ( "Commission "), governing body of the City of South Bend Department of Redevelopment ( "Department "), on February 23, 1990, adopted Resolution No. 919 declaring the Airport Economic Development Area ( "Area ") in the City of South Bend, Indiana ( "City ") to be an economic development area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, I.C. § 36 -7 -14 (the "Act "); and WHEREAS, Resolution No. 919 and the Airport Economic Development Area Economic Development Plan (the "Development Plan ") adopted by Resolution No. 919 on February23, 1990 were confirmed by Resolution No. 938 adopted on June 27, 1990; and WHEREAS, Resolution No. 919 was amended by Resolution No. 965, adopted on November 9, 1990 and confirmed by Resolution No. 971 adopted on January 2, 1991 and said resolutions expanded the Airport Economic Development Area by adding Expansion Area No. I and Expansion Area No. 2; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1058, adopted on May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 3; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1238, adopted on April 15, 1994; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1349, adopted on July, 7, 1995 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 4; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1516 adopted on July 18,1997-, and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1545, adopted on November 21, 1997 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 5; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1667, adopted on February 19, 1999 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. 6, 7, and 8; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1670, adopted on March 5,1999; and Expansion Area No. 20; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2245, adopted on July 21, 2006; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2254, adopted on August 25, 2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 21; and WHEREAS, Resolution No. 919 was further amended by Resolution Noy 2279, adopted on December 15, 2006 and said resolution expanded the Airport Economic Development Area by adding, Expansion Area No. 22; and WHEREAS, Resolution No. 919 was further amended by the Resolution No. 2348 and Resolution No. 2351, adopted on June 19, 2007 and July 20, 2007 respectively and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 23 and consolidating the Sample Ewing Development Area (the "Consolidated Area No.1 °') into the Airport Economic Development Area; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2352, adopted on July 20, 2007; and WHEREAS, Resolution No. 919 was father amended by Resolution No. 2375, adopted on September 7, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2382, adopted on October 19, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2450, adopted on May 16,2008; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2596, adopted on August 26, 2009; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2668, adopted on May 21, 2010; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2736, adopted on August, 20, 2010; and WHEREAS, the Development flan includes a list ofparcels of property to be acquired; and WHEREAS, it is necessary to modify the list ofparcels ofproperty to be acquired by adding an additional parcel of property to the acquisition list; and 5. The Commission hereby determines that the Plan Aniendn -jent conforms to other development and redevelopment plans for the City. 6. The maps and plats of the Airport Economic Development Area, showing the boundaries, the location of the various parcels ofproperty, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, re2oning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and otherpublic purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission. 7. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area flan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Alan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 ofthe Act and IC 5 -3 -1 and after all required flings have been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 7 2. The United States of America is hereby assured offulI compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended, (Balance ofpage intentionally left blank) EXHIBIT A TO RESOLUTION NO. 2871 AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADDITION TO THE ACQUISITION LIST 2. The Declaratory Resolution and Plan Amendment are in all respects approved, ratified and confirmed. 3. This Resolution is hereby designated and constftutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolution to the South Bend City Common Council for its consideration. S. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Josepb County Area Plan Commission this 17th day of May, 2011. ATTEST. /[ Cam*' � ST. JOSEPH COUNTY AREA PLAN COMMISSION -2- i RESOLUTION NO, 2871 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION .A NDING THE_DEVJEV LOPMENT.PLAN''OR. THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission ("Commission"), governing body of the City ofSoutb Bend Department of Redevelopment ("Department "), on February 23, 1990, adopted Resolution No. 919 declaring the Airport Economic Development Area ( "Area ") in the City of South Bend, Indiana ( "City ") to be an economic development area within the mewing of the Redevelopment of Cities and Towns Act of 1953, as amended, I.C. § 36-7-14 (the "Act "); and WHERW, Resolution No. 919 and the Airport Economic Deveiopnaent Area Economic Development Plan (the "Development Plaza") adopted by Resolution No_ 919 on February 23,1990 were confirmed by Resolution No. 938 adopted on Jute 27,1990; and WHEREAS, Resolution No. 919 was amended .by Resolution No. 965, adopted on November 9, 1990 and confirmed by Resolution No. 971 adopted on January 2, 1991 and said resolutions expanded theAirport Economic Development Area by adding Expansion Area No. I and Expansion Area No. 2; and WHEREAS, Resolution No. 919 was furtheramended by Resolution No. 1058, adopted on May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 3; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1238, adopted on April 15, 1994; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1 349, adopted on July, 7, 1995 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 4; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 1515 adopted on July 18,1997; and WHEREAS, Resolution No.. 919 was further amended by Resolution No. 1545, adopted on November 21, 1997 and said resolution expanded the Airport Economic Development Area by addiiag Expansion Area No. 5; and WHEREAS, Resolution No. 919 was father amended by Resolution No, 1667, adopted on February 19,1999 and said resolution expanded the Airport Economic DeveloprnentArea byadd' Ing Expansion Areas No. 6, 7, and 8; and WHEREAS, Resolution No. 919 was further am ended by Resolution No. 1670, adopted on March 5,1999; and Expansion Area No. 20; and WHEREAS, Resolution No. 919 was ft-ffier amended SyRcsolution< No. 2245, adopted ou July 21, 2006; . and WHEREAS, Resolution No. 919 was further amended byResolation No. 2254, adopted on August 25, 2006 and said teolution expanded the Airport Erommic Development Area by adding Expansion Area No. 21; and WHEREAS, Resolution No. 919 was Ru ther amended by Resolution No. 2279, a&pted on December 15, 2006 and said resolution expanded the Airport Bconomic Development Area by adding Expansion Area No. 22; and WHEREAS, Resolution No. 919 was further amended by the Rmjution No. 2348 and Resolution No. 2351, adopted on .dune 19, 2007 and July 20, 2007 respectively and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 23 and consolidating the Sample Ewing Development Area (the "Consolidated Area No, 17) into &e Airport Economic Development Area; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2352, adapted on July 20,2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2375, adopted on September 7, 2007; and WHEREAS, Resolution No. 919 was further amended by Resolution No, 23$2, adopted on October 19, 2407; and WHEREAS, Resolution No. 919 was further mnended by Resolution No. 24510, adopted on May 16, 2008, and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2596, adflpted on August 26, 2009; and WHEREAS, Resolution No. 919 was further amended byRewlutim No. 2668, adopted on May 21, 2010; and WHEREAS, Resolution No. 919 was further amended by Resolution No. 2736, adopted ion August 20, 2010; and WHEREAS, the Development Plan includes a list ofpareels ofpropertyto be acquired; and WHEREAS, it is necessary to modify the list ofparcels ofpropertytobeacquired by adding an additional parcel of property to the acquisition list-, and 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 5. Tire maps and plats of the Airport Eecoomic Development Avsa, showing the boundaries, the location of the various parcels ofpropertY, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, reioningorredevelvpment of the Area, that are to bedevoted to public ways, levees, sewerage, parks, playgrounds and otherpublic purposes under the Ptah, which maps and plats were }previously adopted by the Commission, are hereby conf=ed by the Cormission. 7. The Setxctaryis herebydirected to fr.te a certified copyofsaid Development Plan, as arnended, with the minutes of this meeting. S. The Offcers of the Commission are Hereby directed to submit this Resolution, together with supporting data, to the Area Flan Commission and the South Bend City Common Council, as provided by Section 16 of the Act:, for the approval of this Resolution and the PIan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remensbmce as provided by Section 17 and Section 17.5 oftheAct and 7C 5-3 -1 and afler all required filings have been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked gird repealed in so far as such exist. 10. nis Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or (except as otherwisePrWdded herein) proceedings begun before the effective date of this resolution. 11. All other findings, determinations and conclusions in Resolution No. 737, as amended, sbail remain as stated therein. 12. The United States ofArmerica is hemby assured of ful! compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development eInctuating Title VI of the Civil Rights Act of 1954, as an3ended. (Bel rnee of page intentionally lefi blank) EXHIBIT A TO RESOLUTION NO. 2871 ADDITION TO THE ACQUISITION LIST PARCEL ID OWNER OF RECORD ADDRESS 18-2f 99- St. Vincent DePattf Society of 739201 SL Joseph County, inc.. a non- 3408 Ardmore Tram ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3500 BLOCK OF EAST MCKINLEY AVENUE AND 600 BLOCK OF HICKORY ROAD, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDL&NA STATEMENT OF PURPOSE AND INTENT LAND IS VACANT AND CURRENTLY ZONED CB — COMMUNITY BUSINESS AND IS BEING CHANGED TO PUD — PLANNED UNff DEVELOPMENT. THIS WILL ALLOW THE SITE TO BE DEVELOPED INTO A VARIETY OF USES TO INCLUDE THE CURRENT COMMERCIAL DEVELOPMENT AND ADDING SINGLE FAMILY, MULTI - FAMILY AND SELF STORAGE. THE PURPOSE OF THE NEW ZONING IS TO ALLOW THE LAND TO BE DEVELOPED IN A MANNER THAT IS MARKET DRIVEN AND FLEXIBLE IN ORDER TO ALLOW SUCCESSFUL DEVELOPMENT. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: LOTS 1,2 &3 OF THE MCKINLEY - HICKORY MINOR SUBDIVISION be and the same is hereby established as PUD — PLANNED UNIT DEVELOPMENT SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk �X .c qj Member of the Common Counc' Strom 'I , �(� and Pf�/n� 4�I�Styp�YY;;crt�t Q.6(3r`a+ E, ifL'.arp Cound �Vkil Oil � ""3 S"hliv� F Statement of Purpose & Intent McKinley Fair Planned Unit Development (P. U. D.) The McKinley Fair PUD will allow long vacant and underutilized parcels of land to be productively developed in multiple phases in a variety of uses to include: Commercial as currently zoned, residential, multi- family and also self storage. Design: Quality affordable design guided by current trends in environmentally sound construction techniques and materials to meet the needs of the marketplace within the pricing structure of the end product. Project Costs: It is not possible to pinpoint the cost to fully develop this mixed use P.U.D. For purposes of discussion and approval, the developer has anticipated the most likely product mix of commercial, residential & storage uses and has calculated the cost accordingly. This cost when completed is estimated at Twelve — Fifteen Million Dollars ($12,000,000 - $15,000,000) and full Development is projected at 4- 7 years. Developer: Earth Designs Real Estate Development L.L.C. incorporated in 2008, is owned by Frank and Jennifer Perri. Mr. Perri has been engaged in the real estate business for over 32 years. He has expertise in the development of a variety of real estate projects ranging in size from $500,000 - $30,000,000. These projects have included both speculative & build to suit projects and include office, industrial, residential and hotel ventures, as well as land development. Project Profile: McKinley Fair PUD site plan allows the development to meet emerging market demand in a variety of commercial & residential uses that will combine to create a viable economic model and add value to an older, mature neighborhood whose values have declined substantially from their peak. Features that are planned for the site include: • Creation of Community Gardens for any residential development • Use of Rain Gardens for storm water detention • Pedestrian connections to nearby shopping created to encourage walking & cycling • Site will utilize wind turbines which shall power exterior lighting to the extent of economic feasibility Overall, the goal is to transform this large, urban infrll site into an efficient, affordable mixed use development reflecting a New Urbanist design approach within the context of the market driven economics of the project. Filed in Clerk's Office JUN w8 C'1 JOHNVOORDE CITY CLERK, SOUT4 SEND, IN om 777 71 rcii'll a cels County Parcels MAIL I Rec PARCELID NAME 1 MAILINGADD MAILINGCIT ING M AILI AILIN STA GZIP ELKS LODGE 235 BENER & PROTECT 1 018 -5201 -7741 ORDER 3535 E Mckinley Av South Bend IN 46615 SOUTH BEND GARLAND 2 018 -5201 -7736 S&B 11 LLC 475 S San Antonio Rd Los Altos CA 94022 EARTH DESIGNS REAL 3 018 - 5201 - 773603 ESTATE LLC PO Box 948 South Bend IN 466224 4 018- 5171 -6547 BYRD SHERI LYNN 3224 Essex Dr South Bend IN 46615 5 018 -5160 -6282 PEJUS INC 1515 Magnavox Way Fort Wayne IN 46804 6 018- 5172 -6558 LANE CINDY K 540 Preston Dr South Bend IN 46615 SIOMOS ANTHONY AND 7!018-5171-6516 EVANGELINE 335 Preston Dr South Bend IN 46615 HABERMANN MARJORIE L REV TRUST WITH MARJORIE AS TRUSTEE & RES 8 018 - 5171 -6545 LIFE ESTATE 3210 Essex Dr South Bend IN 46615 MILLER SHARON 9 018- 5171 -6508 ASSEST TRUST 7 15 96 336 Preston Dr South Bend IN 46615 MARKIEWICZ MARY 10 018- 5172 -6554 FSEE MISC NOTES 516 Preston Dr South Bend IN 46615 DOYLE THOMAS CORNELIUS AND 11 018 -5171 -6543 SANDRA L 3134 Essex Dr South Bend IN 46615 DORAN KIRK B & 12 018 - 5143 -5240 MARGARET A 3525 Windingwood Dr South Bend IN 46615 13 018 - 5172: -6553 EGAN JULIA R 510 Preston South Bend IN 46615 CENTENNIAL 14 018 - 5171 -6507 PROPERTIES INC 1323 N Ironwood Dr South Bend IN 46615 JURGENSON BRENDEN 151018-5171-6517 J & LINDY 329 Preston South Bend IN 46615 16 018 - 5171 -6510 PORTER DEBBIE 1211 W 6th St Mishawaka IN 46544 17 018- 5171 -6514 GILLIS PETER III 318 N Lafayette BI South Bend IN 46601 STROUP DAVID & 18 018- 5143 -5258 BRENDA 3520 Windingwood Dr South Bend IN 46615 19 018 - 5143 -5260 iHAYNES CLEO 3504 Windingwood Dr South Bend IN 46615 20 018 - 5143 -5259 COLLINS SANDRA D 17661 Stockbridge Granger IN 46530 21 018 - 5171 -6521 DEGRAFF ANDREA 3219 E Mckinley South Bend IN 46615 22 018 -5171 -6503 MILLER RICHARD H 3231 Mckinley Ave South Bend IN 46615 WALORSKI GARRETT P 23 016 -5160 -6280 & MAUREEN A 303 Sylvan Glen South Bend IN 46615 JEWISH COMMUNITY COUNCIL % JEWISH 24 018 -5064- 225005 FEDERATION 3202 Shalom Way South Bend IN 46615 25 018- 5160 -6281 MANGENA FUNDISANI 311 Sylvan Glen South Send IN 46615 DORAN KIRK 8 & 26 018 -5143 -5239 MARGARET A 3525 Windingwood Dr South Bend IN 46615 27 018 -5143 -5238 PALMER DOROTHY 3511 Windingwood Dr South. Bend IN 46615 BOCK ROGER W AS TRUSTEE OF ROGER W BOCK REVOC TRUST 28 018- 5143 -5237 DEC 4 1991 3505 Winding Wood Dr South Bend IN 46615 SCHUMACHER MARIAN 29 018 - 5160 -6267 LEE 3415 Windingwood Dr South Bend IN 46615 BRENNAN DONALD E 30 018- 5160 -6266 AND REBECCA 3405 Winding Wood Dr South Bend IN 46615 DEV£RS ISABEL P TRUSTEE OF LIVING TRUST /REVOCABLE 31 018- 5160 -6265 TRUST c/o Philip M Devers Gobles Ml 49055 32 018 - 5171 -6522 KREGE ROBERT J 3209 Mckinley South Bend IN 46615 BURNS DENIS M & 33 018 -5171 -6506 NANCY J 324 Preston Dr South Bend IN 46615 SCHOEN DAVID & 34 018- 5171 -6518 BRENDA 323 Preston Dr South Bend IN 46615 35018-51 7 1-6544 HUDSON JAMES R 3204 Essex Drive South Bend IN 46615 36 018 -6171 -6504 NELSON AMBER D 312 Preston Dr South Bend IN 46615 37 018 -5171 -6520 BLAUVELT WILLIAM J. 17631 Cobblestone South Bend IN 46635 SOUTH BEND LODGE 38 018 - 5064 - 224809 NO 235 ELKS 3535 E Mckinley South Bend IN 46615 39 018- 5171 -6505 WHITE BEVERLY JO 318 Preston Dr South Bend IN 46615 FORTIER ERIC S & 40 018 - 5171 -6519 SHARON L FORTIER 317 Preston Dr South Bend IN 46615 ELKS SOUTH BEND 41 018 - 5064- 224810 LODGE #235 3535 E Mckinley AV South Bend IN 46615 42 018- 5064 -2248 MJB REAL ESTATE LLC 3533 Mckinley Ave South Bend IN 46615 TURNOCK MARK J & 43 018 - 5064 - 224806 JOSEFINA 3521 E McKintey Ave South Bend IN 46615 SILVA QUINCANON & 44 018- 5171 -6511 DAWN F 416 Preston Dr South Bend IN 46615 SILVER JONATHAN & 45 018- 5171 -6512 GEORGE JT W /FROS 422 Preston South Bend IN 46615 VO THANH C & TRAN 46 018 -5172 -6551 MY -NGON T 440 Preston Dr South Bend IN 46615 47 018 - 5171 -6509 LOWERY KATHLEEN F 404 E Preston South Bend IN 46615 HIATT SANDRA L W/A LIFE ESTATE FOR SCHOPMEYER 48 018- 5171 -6515 RICHARD W & NONA R 403 Preston Dr South Bend IN 46615 49 018 - 5171 -6546 FREEMAN MARGARET 3216 Essex South Bend IN 46615 27208 Edgewater Dr Edwardsburg Iml ELKS SOUTH BEND 46615 58 018- 5172 -6550 SHERARD LORETTA C 434 Preston Drive 50 018 -5201 -7742 LODGE #235 SPO 3535 E Mckinley Av South Bend IN 46615 IN 46615 ROSS WALTER S. AND ZIOLKOWSKI MICHAEL A & ANNA M 441 Preston Dr South Bend IN 51 018- 5172 -6566 GERALDINE F. 513 Preston Dr South Bend IN 46615 62:018-5172-6567 REYNOLDS DAWN M FOSTER PEGGY & South Bend IIN 46615 63 018 -5172 -6557 GONTER EDWIN JR AND REAR J 534 Preston Or FOSTER BEATRICE IN 46615 JOINT TENANTS WI RT 52 018 - 5184 -6970 OF SURVIVORSHIP 3425 Sorin St. South Bend IN 1 46615 HENDRICKS 184 -7011 [NOTE 1704 Patterson ISouth Bend IIN I 4661 54 018 - 5184 -7012 MARSHALL JOYCE A 3311 Sarin South Bend JIN 46615 55 018 - 5172 -6549 DEGENEFFE MARY T 27208 Edgewater Dr Edwardsburg Iml 49112 56 018 - 5171 -6548 MCFADDEN ELIZABETH 13236 Essex South Bend JIN 46615 57 018- 5171 -6513 MARTENS ROBERT A & BRENDA K 3248, Essex Dr South Bead IN 46615 58 018- 5172 -6550 SHERARD LORETTA C 434 Preston Drive South Bend IN 46615 59 018- 5172 -6569 PANGALL0 WILLIAM J 3249 Essex Or South Bend IN 46615 60 018 - 5172 -6568 ZIOLKOWSKI MICHAEL A & ANNA M 441 Preston Dr South Bend IN 46615 61 018 -5172 -6552 LEAR CHAD & THIELKE ASHLEY JT W /FROS 504 Preston South Bend IN 46615 62:018-5172-6567 REYNOLDS DAWN M 507 PRESTON DR South Bend IIN 46615 63 018 -5172 -6557 GONTER EDWIN JR AND REAR J 534 Preston Or South Bend IN 46615 64 018- 5173 -6581 GRAY SARA ANNE 3243 Essex South Bend IN 46615 HOME SOLUTIONS PARTNERS IV REO 222 W Las Colinas Blvd 1252 65 018 -5172 -6579 LLCSEE NOTES E Plano TX 75093 PAWELL CAHRLES E JR 66 018 -5172 -6565 & KATHERINE A 544 Chamberlin Dr South Bend IN 46615 67 018 - 5172 -6556 ALVAREZ GLORIA 528 PRESTON DR South Bend IN 46615 CAUSEVIC AZEMIR & 68 018 - 5172 -6555 ELVEDINA 522 Preston Dr. South Bend IN 46615 GASSMAN EUGENE W & 69 018 -5172 -6570 HEDYLOU 532 Chamberlin South Bend IN 46615 KEMPF KENNETH AND 70 018 - 5172 -6564 RACHEL 545 Chamberlin South Bend IN 46615 71 018- 5172 -6560 GACHANJA MWANGI 618 Preston Dr South Bend IN 46615 72 018- 5172 -6561 BROWN CHERI 615 Preston Dr South Bend IN 46617 KUBIAK THOMAS A & 73 018- 5172 -6563 HATSUKO 603 Preston Dr South Bend IN 46615 AULT LUCILLE L & LAWRENCE N JT 74 018 -5172 -6559 WIROS 604 Preston South Bend IN 46615 75 018 - 5172 -6571 BORN MARIA A 120 Ironwood Dr Niles MI 49120 76 018 -5174 -6636 ROCCA LAURA 3227 Sarin St South Bend IN 46615 CHAD KY TA & TRAN 77 418 - 5184 -6943 :NEN THI 3513 Sorin South Bend IN 46615 FISHER ALAN T. & 781018-5184-6968 SANDRA L. FISHER 1706 Whitehall Dr South Bend IN 46615 79 018 - 5172 -6562 HWFG SIX ZERO NINE LAND TRUST 309 Logan St South Bend IN 46615 80.018- 5172 - 656001 ALLISION GARY & LUANN ALLISION 610 Preston South Bend IN 46615 81 018- 5184 -6932 HERTEL BETTY J 3422 Sarin St South Bend IN 46615 82 018 - 5184 -6931 BAHU MARY ANN 3416 Sorin South Bend IN 46615 83 018 - 5184.6930 BASIC ADNAN 3410 Sorin South Bend IN 46615 84 018 - 5184 -6929 HOGMAN TERRY & GARY & WISE SHERRY WIMARY RES LIFE EST 3404 Sorin St South Bend IN 1 46615 85 018- 5184 -6926 CITY OF SOUTH BEND 0 86 018 - 5174 -6634 BATH KATHERINE R 3232 Sorin St South Bend IN 46615 87 018 -5184 -6936 COKER LOIS M 2403 Corby Bfvd South Bend 1IN 46615 88 018- 5184 -6935 POETTGEN MICHAEL F 3510 E Sorin South Bend IN 46615 89 018 - 5184.6934 CEDERGREN BRIAN 3504 Sorin St South Bend IN 46615 90 018- 5184 -6933 BUCKLEY ANNABELLE 3428 Sorin St South Bend IN 46615 91 018 -5172 -6580 VANBRUAENE DUSTIN 629 Preston Dr South Bend IN 46615 92 016- 5174 -6638 BROWN MAXWELL A & ROBERT M JT W ROS & NOT AS TIC 710 Manchester South Bend IN 46615 93 018 -5174 -6635 ROBISON PHYLLIS JEAN 3237 E Sorin South Bend IN 46615 94 018 - 5164 -6971 BROWNING GARY R 711 Whitehall Dr South Bend IN 46615 95 018- 5184 -6969 MAKU1 MABIOR D PO Box 6001 South Bend IN 46660 96 0185184 -7010 ALEY NICOLE D & MCFADDEN ANDREW D JT WIROS NOT TIC 710 Patterson South Bend IN 46615 97 018 - 5184 -7013 US BANK NA 4801 Frederica St Owensboro KY 42301 98 01 8- 5174 -6637 AGUILA ALEJANDRO R 704 Manchester Or South Bend IN 1 46615 Filed in C18r x JUN 4 ZQ j .1 Ecarr 'a4I1 VOORDe K 9()i 'rk SEND, IN 00, ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY(S) LOCATED AT 429, 423, 431, 425 Cottage Grove Avenue and 426 Cushing Street, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The current zoning at 429, 423, 425, and 431 Cottage Grove Avenue is MF1- Urban Corridor Multiple Family District. We request that the zoning be changed to SF2- Single Family Residential. The purpose of this zoning change is to allow development of single family dwelling units. The current zoning for 426 Cushing is CB- Community Business District. We request that the zoning be changed to SF2- Single Family Residential. The purpose of this zoning change is to allow development of single family dwelling units. 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: 18- 1030 -1327 429 Cottage Grove Ave: Lot 29 Fuerbringer's 3rd Addition, according to the recorded plat thereof, St. Joseph County, Indiana Records. 18- 1030 -1329 423 Cottage Grove Ave: Lot 27 Fuerbringer's 3`d Addition, according to the recorded plat thereof, St. Joseph County, Indiana Records. 18- 1030 -1328 425 Cottage Grove Ave: Lot 28 of Fuerbringer's P Addition, according to the recorded plat thereof, St. Joseph County, Indiana Records. 18 -1030 -1326 431 Cottage Grove Ave: Lot 28 Fuerbringers 3rd Addition, according to the recorded plat thereof, St. Joseph County, Indiana Records. 18- 1028 -1261 426 Cushing Street: The South %a of Lot 3, Heintzman's Addition, according to the recorded plat thereof, St. Joseph County, Indiana Records be and the same is hereby established as SF2- Single Family and 2 Family District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk Member of the Common Council 41 C, Im r, e C i n OppwL,grith/ Ifix Cound, S om Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2-, at o'clock . M. Approved and signed by me on the 2 , at o'clock . M. I st OADINNG � -(3-(( PUBLIC 1-IEAR',K%G" 3 rd PEADDIG NOT APPROVP. REFERRED PASSED City Clerk day of Mayor, City of South Bend, Indiana Red In cf d LIN Date Filed Date received by the Area PIan Commission Application. No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Address: 429 Cottage Grove Avenue 423 Cottage Grove Avenue 425 Cottage Grove Avenue 431 Cottage Grove Avenue 426 Cushing Street 2) Name and address of property owner(s) of the petition site: Enclosed 3) Name and address of contingent purchaser(s), if applicable: Lincoln Parr Development, LLC 724 W. Washington Street South Bend IN 46601 Properties: 423, 425, and 431 Cottage Grove 4) It is desired and requested that this property be rezoned From: MFI- Urban Corridor Multi- family District & CB- Community Business District To: SF2- Single Family and Two Family District 5) This rezoning is requested to allow the following use(s): Single Family and Two Family Residential 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 %z" x 11" format. PETITION PREPARED BY: Signature(s) of All Property owner(s) or Attorney for all pmVgjjy Owner (s) CONTACT PERSON: (If different) Angela Shelby, Neighborhood Development Associates, LLC 724 W Washington Street South Bend, IN 46601 (574)288 -4369 ashelby.nda@comcast.net comcast.net Flied in 049rWs office E I ogi N v Ono roe �V�i.K: i1tNlg IN Name and Address of Property Owners of the Petition Site: 429 Cottage Grove Avenue Anne Mannix Lincoln Park Development, LLC 724 W Washington Street South Bend, IN 46601 (574) 288 -4369 423 Cottage Grove Avenue Housing Development Corp of St. Joseph County 1200 County City Bldg South Bend, IN 46601 Signature of Property Owner(s) i Signature of P ope y O er(s 425 Cottage Grove Avenue Viola Woods P.O. Box 553 Lakeville, IN 46536 �0110,�, P e_ - Signature of Property wn&(s) 431 Cottage Grove Avenue Housing Development Corp of St. Joseph County Inc. 1200 County City Bldg ' South Bend, IN 46601 426 Cushing Street Anne Mannix Lincoln Park Development, LLC 724 W Washington Street South Bead, IN 46601 (574) 288 -4369 Signaturof PropeAy�0�wnerq PY Signature of 401h dle-r-k's JUN - 8 201 'I JOHN VOORDE t CITY CLERK, SOUTH BEND, IM i Name and Address of ProRerty Owners of the Petition Site: 429 Cottage Grove Avenge Anne Mannix Lincoln Park Development, LLC 724 W Washington Street South Bend, IN 46601 (574) 288 -4369 423 Cottage Grove Avenue Housing Development Corp of St. Joseph County 1200 County City Bldg South Bend, IN 46601 425 Cottage Grove Avenue Viola Woods P.O. Box 553 Lakeville, IN 46536 431 Cottage Grove Avenue Housing Development Corp of St. Joseph County 1200 County City Bldg South Bend, IN 46601 426 Cushing Street Anne Mannix Lincoln Park Development, LLC 724 W Washington Street South Bend, IN 46601 (574) 288 -4369 Signiture of Property Owner(s) Signiture of Property Owner(s) Signature of Property Owner(s) Signiture of Property Owner(s) Signiture of Flied in Clerk's 0 '"Wr, i U lac u 7 � CITY CLERK �JTH Wire. ia� Legal Descriptions of Properties to be Rezoned 18- 1030 -1327 429 Cottage Grove Ave: Lot 29 Fuerbringer's 3rd Addition, according to the recorded plat thereof, St. Joseph County, Indiana Records. 18 -1030 -1329 423 Cottage Grove Ave: Lot 27 Fuerbringer's Yd Addition, according to the recorded plat thereof, St. Joseph County, Indiana Records. 18- 1030 -1328 425 Cottage Grove Ave: Lot 28 of Fuerbringer's 3rd Addition, according to the recorded plat thereof, St. Joseph County, Indiana Records. 18 -1030 -1326 431 Cottage Grove Ave: Lot 28 Fuerbringers 3rd Addition, according to the recorded plat thereof, St. Joseph County, Indiana Records. 18- 1028 -1261 426 Cushing Street: The South % of Lot 3, Heintzman's Addition, according to the recorded plat thereof, St. Joseph County, Indiana Records Filed in cl cr Y G�EFS Lincoln Park. Lease Purchase Homes Rezoning Request Statement of Purpose and Intent Project Summary: Twenty -four new single family homes will be constructed in the area between Lincoln Way West, Chapin/Martin Luther King/ LaSalle and Allen Streets in South Bend's Near West Side Neighborhood. These homes will be leased to low and moderate income individuals who will have an option to purchase the homes over an extended period. The project development team is a partnership between Lincoln Park Development LLC and South Bend Heritage Foundation. In addition to constructing the 24 homes, the development team will work with the City of South Bend to demolish vacant and abandoned homes in the neighborhood. As the project progresses, additional vacant lots may be sold to individuals who want to build market rate homes in the area. This development will build off the long term work done to revitalize the Near West Side neighborhood. Residents of the housing will have access to the Kroc Center, which is currently under construction and other neighorhood amenties as well as having good access to downtown South Bend. Construction: The homes will have three or four bedrooms with quality, low maintenance, energy efficient construction. The exterior design will blend in with the architecture of the surrounding neighborhood. If costs allow, garages and basements will be added to some or all homes. The homes will be constructed by a General Contractor and construction will be supervised by a licensed architect. Rezoning Request: The lots to be rezoned include four vacant lots and one lot containing a vacant duplex. The duplex will be demolished by the current owner, the Housing Development Corporation, by December 31, 2011. The current zoning for these lots will not allow for construction of single family homes. The lots will be rezoned to SF -2 Single Family and Two Family District. Project Benefits to the Area and to City: Neighborhood Revitalization: The developers will construct single family homes on vacant lots in a neighborhood that is sorely in need of revitalization and new development. Vacant lots will be improved and one abandoned home will be demolished. Property Tax Base: The owners will pay property taxes on the homes and increase the tax base of South Bend and St. Joseph County. Quality Affordable Housing: Low and moderate income famil' housing that is affordable and conveniently located. After leas zlt4',µI' residents will have an opportunity to purchase their homes for mo t` (� n-c-e. JUN r V V 1 9 0, IN COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE ST. JOSEPH COUNTY ZONING ORDINANCE In accordance with I.C. 36 -7 -4 -615, the Owner of the real estate located in St. Joseph County, Indiana which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: 18- 1030 -1326 431 Cottage Grove Ave: Lot 28 Fuerbringers 3rd Addition, according to the recorded plat thereof, St. Joseph County, Indiana Records. STATEMENT OF COMMITMENTS: 1. The Housing Development Corporation of St. Joseph County, Inc. will demolish the duplex located at 431 Cottage Grove Ave by December 31, 2011. These COMMITMENTS shall run with the land, be binding on the Owner of the above - described real estate, subsequent owners of the above- described real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of petition # pursuant to the St. Joseph County Zoning Ordinance, and shall continue in effect until: (i) the real estate is rezoned; or (ii) modified or terminated by the Area Plan Commission of St. Joseph County. These COMMITMENTS may be enforced jointly or severally by: 1. The Area Plan Commission of St. Joseph County; 2. St. Joseph County, Indiana; 3. Owners of all parcels of ground adjoining the real estate within three- hundred (300) feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; and 4. St. Joseph County Attorney, Zoning Administrator, appropriate enforcement official, and other specially affected persons designated in such commitments. The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana, upon final approval of petition # Petition prepared by: Anne Mannix, Lincoln Park Development, LLC 724 W. Washington Street, South Bend, IN 46601 IN WITNESS WHEREOF, Owner has executed this instrument this l d of ��/ Housing By.. r Printed Title � (Organization Owner) STATE OF COUNTY OF _q2 l� ) seph County, Inc. (Organization Acknowledgment) SS: F110d in d orkIs office =U - 2c ,lOi^ N Fu"i�[;d�DE ary CLERk, SOUTH SEND, IN Ta__0-\CJk Before-me, a Notary Public in and for said County and State, personally appeared j C� v2 f1+4r1ti, lY; , a(n) Ynt r,R ", ir. Owner(s) Of the real k4 ate desc Abed abov8 who acknowledged the execution of the oregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this _&L day of kl\J r�Q— , Z0 t I Signature�,�� -'" 2 County of Residence My Commission expires: Printed » �. .4 *� ,.leAfer H. HuElinger s* �M1 ray coffWf� walon ft fa:: glimle This instrument was prepared by: Anne Mannix, Lincoln Park Development, LLC 724 W. Washington Street, South Bend, IN 46601 Filed in Clerk's OffiC( JOHNVOOROE P CITY CLERK. S&U r-�' SEND. IN' u_s- L.I._., uflas.:.. 2nA leas• .,F 1 n4 rn he Wavr%nafi 111151000 Rexonin Address Parcel Nsrne Contact Infmmaum 1 438 Harrison 18 -f03Q -1317 South Send Heritage Foundalbn 843 lincalnwa- W Soutn Bentl IN 48818 1 434 Harrison 15- 1030 - 1319 Mercatla Juan Frertclaco 310 B IOEnois South Bend IN 48819 1 430 Harrison 1 &1030 -4320 Lopez, Victm 1110 Lincolnwa W 92 Send IN 46616 1 428 Hardson 1 &1030.1321 N I Merc 425 Harrison South Bend 11,1415616 1 1002 4!2 Fuerlxin t &1030.1332 L#nncakti Park Deveh man[ 724 W Washington SokM Bend IN 40601 4 915 Fuerbrin er 4 &1030-1323 Medich- Andrews P O Box 4412 South Bend 114 46834 1 814 Lincalnwa W E &103&131'!.01 SoulhOld H.Ma FaUftdalfen Inc. 803 Unco4may W Sash Bend IN MW16 1 441 Cotl2ge Grove 1 &1030.1324 Soup Bend Heritage Foundation 803 Lincolava W South Send IN 48616 1 421 Harrison 3&1030.1318 421 HarliSOft Land Trust 5778.0-1 G Rd Bev 2811 Mishawaka IN 46545 1 425 Hamison 18- 4030.1315 jujay, Sheryl A 18359 Wa ne Rd Odessa FL 33556 1 428 Harrison - 1 91030.1314 - - Perez, Glibed PO Sox 5484 Fod Wayne, IN 48805 1 43311amson 1 &1030.1313 Calderon UB�Ilo 912Fuer M =South Bend IN4B815 i 441 Harrison 4 &1030.1312 tames Lxx= K 441 N Harrison South Band fN 46516 1 SQk i4adson # &103 &£311 South Bentl #leri is Fnundallon 093 Uncoinway W South Send IN 46016 1 505 fferdson t &10304310 Brawn pmba 71 B B $8th Street South Bend IN 46015 1 509 Hamsan 1 &5030•£309 Herrearidez Jose R 548 Harrison Sauth Bernd IN 46818 1 S15 Harrison 1 8-40301308 Lopez, Viet" 1710 Lincolnway W South Bend IN 46616 - 7 510 Harrison 1 8-1030 -1307 Ddiz Jesus Emiso 37372 N Delany Rd. Gurnee IL 60031 1 V!L 1014 FmbOrger 1 &1030-3330 Smith Pierre 310 KwluGkv St. Bauth Bend IN 46619 1 1008 Fuerbdn er 1 &403&1331 Munda Irene W 3318 Newbura Dr: APT B Mishawaka IN 40545 1 930 Fuerbnn er 1 &1030.1333 Lincoh! Park Devefo ent 724 W Wash! South Bend 1N 46601 1 822 Fuedtrin er 1 &1030 -1334 Lirttaln Park Pay afa man! 724 W Washi loo South Send IN 48601 1 914 Fuerbri t 18.1030.1335 Calderars U nail. 812 FuerW r South Band IN 48818 i 912 I'vediringer 18.10301336 Calderon U Bello a Maria 912 Fuerbrintier South Bend IN 46616 1 006 Fuerbrin er 4 &1030.1335 Mcciure M a Kathleen 51970 Rol hock Rd. South Send IN 46637 1 411 College Grove 18-1030-4340 C e Delore 1002 Diamond Ave. South Bend IN 48828 1 925 Oak 1 &1030.1344 Lincokf Park Devel mom 724 W Washington South Sand IN 46601 7 92309 411.1030.1345 Lincoln Park Development 724 W Wash! M tan South Berth IN 46601 1 921 Oak 18- f03W1348 Lincoln Park Cleve! meal- 724W Wash) [on SOWN Bend IN 46601 1 915 Oak 1 5- 1030.4347 Henderson Marcus E 5r 945 Oak South[ Bond IN 46610 4 9090ak 1 &1030.1349 Smkh Flerdia P O Boil 39108owb Bend IN 48619 i 408 1!2 Cott a rave 1 8-4030.1350 Medich Andrews P O Box 4412 South Bend IN 46634 1 407 Calla Grove 18- 1030 -1352 Patterson Square and Final 1029 Whileba8 Or SwLh Bend IN 40815 4 907 Oak - 4-1030-1351 Smith. Home P G Box 3910 Smrlh Band IN 48819 1 403 Colima Grove 1 &1030.1353 Batteasl J uelim 403 0011a d Grove South Bend IN 46516 1 917 i0 olnwa W 15-1068-2902 Davis, Joan �aGwruia 5450 E Cartall Rtl intl! Its lN.482311 4 815 Llncolnwa W 1&}46 &2803 Bakuses Nicholas 420 E Old Elm Rd. Lake Forest 1L 60045 1 913 Linooh wa W 18 406 &2905 Desch Kathy Land Ronald 04585 US 31 LakevRle IN 46536 1 913 Llncolmve W 15 7068-2905.01 Desch KathV land Ronald 54555 US 31 Lakev66e IN 46530 1 7109971 Linwinw W 1 &7488 -2817 Wei Zhe 24577 Green Va PKVYY Eikitad IN 48847 i 905 907 Uncolnw W 1 &1058.2918 Wet tae 24577 Green Va! PKWY: Elkhen tN 48817 1 901 Linwlnwa W 1519 Calla a Grove 1 &146 &2819 RL Elnedn Wes[ LLG 10041 5 148th Aw Orland Park IL 60467 1 521 172 College Grove 4 &108 &2918 Pi nche larder Po Box 4154 South Bend IN 46634 1 525 Collage Grove } &106 &2915 CasBNa fhnlel a Edca 525 Co11 a Grove Ave South Bend IN 48618 1 52p Calla Grove 1 &1067.2882 - PinckeR Hanle[ P O Box 4754 South Bend IN 46634 1 523 Lincolnwa W 18 -1087 -2863 South Bend Herita a Faundallon 1110 Uncolreva W South Bend #N 48615 7 817 Llncolnwe W 18- 1£167 -27184 Saul' Send Henta a Foundation 1110 Lincoinwa W South Bend IN 406}6 4 -815U W 1 &1087 -2865 South Bend Hesita a Faundallon 1110 Unwlmxa WScuO Send IN 46615 1 801 -807 LMcalrvwa W 4 &4487 -2881 South Band Heritage Foundation 1110 Lincalwa W South Send IN 46615 B 800802 Llncolnwa W 4 &102 &£241 South Bend HBAta a Faundallon 1110 Lirtsalrnva W South Bend IN 473618 S 430 Coll a Grove 18- 1028 -3225 petwiier Paul 29286 Walerko Dr. Elkhart IN 46514 B 428 Calla a Grove 111• ?025 -1226 Hafrs Donna 426 Cottage Grove South Berl IN 46616 B 420 Cottage Grove 2 &4227 Medich Andrews P O OOx 4412 South BendlN 46534 g 418 Cotta Grove 28 -4231 Medich Andrews P 0 8ax 4412 souih Send 1N 46034 B 414 112 CDlra a Grave 28.1232 - t Medich AndreWS P O S0ii4412S0uth Band'1N 48634 2 &1233 Louise 425 5 AIheA_S1, Saul' Band IN 45619 9 Oak 815 Oak 2 &1234 Medich, Andrews P O Box 4412 South Bend IN 48834 511 Oak -- 1 &1028 -1235 M h Andrews P O Box 4412 South Bend IN 46834 B B 425 Cushln 181028 -1248 Gardello Sor:dra 425 Cushln Saul' Bond 46616 B 423 Cushln 18- 1028 -1247 Sr ax Vida 1815 S Hi h S1 South Bend iN 46613 B 419 Cushing 18- 1028.1240 Guevara Jor a 419 Cushf South Bentl iN 48816 B 417 1!2 Cushln t &1028-1249 Gan 320 Betz Rtl. AubUrn IN 46705 2 403 Cushln 1 &1028 -1252 ck a Wlhism 7917 N 65 East Monlere IN 46980 2 329 331 Cushi 18 -702 &1253 Develo ment 724 W Waslan Ion South Band 1N 48601 327 Guahin t &1028-7254 LieYel ant 724 W Washn ton Saufh Bend ON 46801 2 328 Cushln }8 -1028 -1268 Sham Nail 328 N Cushing South Bend IN 48810 2 738 Lirwolrrwa W 18- 1028.1255 hFAmM00, wadatl 51343 LBac Rd. Seulh Send In 48828 2 726 Llncoirm2 W 18.1028 -1259 €I•Ammori Waded 51343 Llan Rd. South Bend in 48826 2 430 Cushing 18.1428 -1260 EI-Ammod, Waded 51343 Lilac Hd. South Bend kt 48828 2 424 Cushing 18- 1028 -1282 Keiafat G e J 428 N Cushing St South Send IN 48618 2 420 Cushln 1 &1028 -}263 Smith Pierre 3105 Kenluck 5t5outh Bend IN 48619 2 418 VR Cvshl }81028.1284 Smith, Platre 340 S Kcntuck SI South Send IN 468tH la-1029- 265 Lb Wn Park Devel Mont 724 W Wash) an South Bend IN 4fi804 2 412 Cushing &1028.1286 Lincoln Park Deft moot 724 W Washington South Bend IN 40601 2 40a cuahmg 18- 1028 -}287 Juarez Jesua a Francesca 731 Oak South Bend IN 468111 2 731 Oak 18.1029 -1282 EI•Amrr! Wadad 553431JFaO Rd. SouthB In 46628 2 V(L Lincoinwa W 18- 102&1285 LaWes Tux S 718 Linco!LMM W South Bend IN 4660116 2 748 WiC01nw W 18- 1029-4287 111,104sith Chdslian Union Inc 702 LkJoffra W South 2 702 LWnW W 1 8 4 02 0 -12811 Sanders Anthon a Ow! ht Send IN 1030 W JeSerson 5L South. Send IN 2 721 Oak 410 Melkua CI 78 -1029 -1289 Snail' Patrick, a Kona In 847 46den SI South 0end iw 46628 2 2 724 Oak 1 &102 &1290 Blake Louise 7!11 Oak SOeet SaWh Bentl 1N 40816 t &1029.1291 Blake LaWSe 719 Oak SEE-- SOWN Band 3N 413815 2 719 Oak 4 &1029 -k293 LM9es Tux She 748 Linod W SouM Bend IN 4666116 2 709 Oak 1 &102 &5294.02 Interfaith Chrlsdan Urhm Ina 702 Uncalmva W Saul' Sand IN 48618 2 V1L Oak 1 &4028 -1296 Hiser Cre a Saver) 300 Cushing SL South Bend IN 48618 2 724 Oak 4 &£7129 -4297 Gadmen Wade a £tuna 27597.Ostiorne fid: Nddh Ll" IN 46554 2 720 Oak 18102 &£280 Gellman Wade a bona 27597 Oibarne Rd: NOrtht.ib IN 40=4 2 714 Oak 4 &105 &2345 South Bend Herds a Fauntla9on 1110 Lincotaw W Saute Bend iN 46818 2 727 731 Linc0lnw W 1 &7055.2340 South Bend Ratite a Foundation 1110 Lif cMnwa W BOulh Send IN 48516 2 743 Lkxol=oI W 7 &40552349 %/irk Mad kv: 3901 West Dines Ifl hwa fN 46360 2 2 705 Lk>colnwa W 703 Lincolmva W 1 &1055 -23511 V" ad trot 3901 West Dunes IN 46360 1 &!055.2351 Tanner Chad a Emma a Malcolm Mak"'n E S 184A N Elmer St Saulh BeiM IN 48826 2 548 Scull 111.1055 -2352 South Behd H' a Fo 111Q Llncmor W South Bend IN 40618 2 822 Marlon 4 &1055.2354 Allen Donna Jo P O Buz } 12 South Bend 1N 46824 2 624 Marron 18- 10552359 RR C n of America LLC 108 Cha I Or Lafe lte LA 70505 2 627 Llncalnwa W FrA In c 3 r A W R is to FO s O O d v ml 0 pQ G S A g O C m rt ? � � � G S ,rn•Fm�rE essvemtn O �^ k CieVCiat1 .4e'�,�'y$ > 'r #° asp.: fi a.• y AVe � � i' i• � �` � 8' �+ L' d1 ,�, =�o � F' xg � � S I.u,Ib,151 J s" s or 9F:,y Blaine A Maine Ave t. 1 V, a lmztea u fs n,wl,e,r y ry s` ]eaws,sys Aw ��� � i t1 iN3l,m �, y � ll�rili 9ir5iW+'el � IL.lifm'e1. l6,1 i[ %'9``� n[,Y 11Po,.Y1 y Ib LIN vl Y.rS-IfRirt f_ 1: vI er 1'�.m F1F n 1: mm leis -:rbun ex sotsn .� a a k t 3' h iE pr „509, s[Jf 1,G Allen St I. , � �. ��.'� � r• � usn :tarn - � 5 � - pp F • 4 f. � k � � 5 � 1 b A. Allen St k r „ tiu K x_ c lnldia Ct= .� c a - � „ c ' A� 'F f ° K mslstmil I..toxrlrol ula,l -,xs :e lmTlns F c tr C L C C k C t C �rs[Yfl, , ti' :I : kk is r r rsy kC ? x 4n G r m €•e N r r1.33 srso - Fulton.Ct a s a s k Ps � =lp1S R- Sherman Ave Sherman Ave g P ,Y as g P J' S 6 F .r a _ ,wlora359t c P HarrdehJCt: .Sa.oai5 yu,ora`+s ssIJUmes .. � i�. 6 �» u- :oratlalm nlm,aul :e:matm +rt r g G ;: y' z t s F G a: �Wn � Cr u- lor�ane sa smnn,] � Harrison Ave .. fe lr, use ssnrv.vn •>` V- lii]E,.rF! nSllrewR �! G gg F • Onsou�31 -n �C�Yyy ac,]ra l,>6 Se lmel „s i.SB'1h]i% T✓ ,eaov ]Y11 1e 103013,1 ' -' `_ 1L4 N zvs T 3S.Ia�lllS xi,JmTIN9 3b NAOI3N Y V +_ S Sa mlrtrss rGC C, d i” \ r, G G F G 6 L• F: K t >^ abert PI S, m,.1319 r;�, o w�' n�i, : G S a Cottage Grove Ave v- tarraxn p teem] -ta 1e J0]Y ILe , 1Slmtlte3 6 }�E L h TJIr19e[il C^C 6 i •' >: G t 551Ftlld 31 -WM :10.1 t ,f.]M1N 1]31 1]3, F• G Y � E � � � � ��+• w � � ]8- lN,m: to ro5r-w: 9m8d113 - maay. te:o-3,ns3 +ei5nr. s s p z K g G F y It r t wS Cushing St - - , __ _ Cushing S � $t - ,m61G11_ = pES.amal fi A % Iv 1sn• K - K a FS O/' alms3t9/ a melznw Vrsn +3a.i, s & i "x i' ri 5 393s3nu le.urs,Its /I. 161015 1}Orb1m9 4 _ � � `_, '^mob IOm19.1xi6 Il flfrl6„ - tl A9s Fe10 Y _vla ����� 4 ��• Stott St uvaalm Q K _.S - i Sco €tt St o A se.]J3ax3 # 4 G= r 'a5F qq r 4C, yy G O ti eG a G ffi:r Y. Z tra :e.t6v]msl G is 8 F% W O - R a �°� me vm rmeso S r g^ � Yda r �} O in � ;,' C K G N ilwros B yy5 9 % - 6 66 £pp1 ” --1) �Jl�� /�. ; r -F uy 0 1 @ N 7— OCO _.!% _ 5 F 3 .Cr N..it[m R► S G L' �or m n 1 Q 1 Q ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1007 NORTH BENDIX DRIVE AND PART OF 1025 NORTH BENDIX DRIVE, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The subject properties (1007 & Part of 1025 North Bendix Drive) are currently zoned "CB" Community Business District and proposed to be rezoned to "MF2" High- Density Multifamily District for the development of multifamily dwellings (Senior Independent Living Facility). NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF ST. JOSEPH COUNTY PUBLIC LIBRARY LASALLE BRANCH MINOR SUBDIVISION, RECORDED IN INSTRUMENT NUMBER 0739367 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 65 °07'27" EAST ALONG THE SOUTHERLY RIGHT -OF -WAY OF ARDMORE TRAIL, 308.53 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 IN SAID RECORDERS OFFICE; THENCE SOUTH 00 °00'00" EAST ALONG THE WEST LINE OF SAID PARCEL, 114.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90 °00'00" EAST ALONG THE SOUTH LINE OF SAID PARCEL, 10.00 FEET; THENCE SOUTH 00 °00'00" EAST, 114.77 FEET; THENCE NORTH 90 °00'00" EAST, 206.00 FEET TO THE WESTERLY RIGHT -OF- WAY OF BENDIX DRIVE; THENCE SOUTH 00 °00'00" EAST ALONG SAID RIGHT -OF -WAY, 173.94 FEET; THENCE NORTH 89-59'19" WEST, 108.03 FEET;.THENCE SOUTH 77 °15'41" WEST, 67.00 FEET; THENCE NORTH 89 °59'19" WEST, 42.62 FEET; THENCE NORTH 00 000'00" EAST, 303.45 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.91 ACRES, MORE OR LESS, AND SUBJECT TO RIGHT -OF -WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as "MF2" High- Density Multifamily District. SECTION II. This ordinance shall be in hall force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk 1 st READING PUBLIC HEARING 3 rd READING NOT APPROYZ REFERRED PASSED Member of the Common Council K?s3 °fti'� +'6�" f @asp. h, ±P ,(�,y� 1. a iii. pa,. ''.Jisu l 4' Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o'clock M. Approved and signed by zee on the .m. City Clerk day of , 2011, at Mayor of the City of South Bend, Indiana o'clock Filed, in I. f.,, j014 C Date Filed Application No Date received by the Area flan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1007 North Bendix Drive fart of 1025 North Bendix Drive South Bend, IN 46628 South Bend, IN 46628 2) Name and address of property owner(s) of the petition site: 1007 North Bendix Drive Ramadan A. & Tamilyn Salameh 53244 County Kerry Drive Granger, IN 46530 1025 North Bendix Drive City of South Bend 227 West Jefferson Blvd Ste 1200 South Bend, IN 46601 (574) 235 -9371 3) Name and address of contingent purchaser(s), if applicable: Sterling Development, LLC Attn: John VanMeeter, Director of Development 3900 Edison Lakes Parkway, Suite 201 Mishawaka, IN 46545 (574) 247 -3234 4) It is desired and requested that this property be rezoned From "CB" Community Business District To "MF2" High - Density Multifamily District 5) This rezoning is requested to allow the following use(s): Multifamily Dwellings (Senior Independent Living Facility) 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8 %z" x 11" format. Feed In Clerk,,b. � 40' N crry cLEAK, r.�s.� � _ , , ►w� Signature(s) of all property owners, or Attorney for all property owners: RAMADAN A. & TAMILYN SALAMEH Printed: Tamilyn Salfameh _ Signed: L . Title: Owner and Power of Attorney for Ramadan A. Salameh Address: 53244 County_Kerry Drive Granger, IN 46530 Phone Number:' CITY OF ,SOUTH BEND Printed: Don E. Inks Signed: Title: - 9xeeu+mDirector of Ct of South Bend Department of Community and Economic Development Address: 227 West Jefferson Blvd., Ste 1200 South Bend IN 46601 Phone Number: (574) 235 -9371 PETITION PREPARED BY: CONTACT PERSON: (If different) Bradley E. Mosness, PE 750 Lincoln Way East South Bend, IN 46601 (574) 232 -8700 bmosness@abonmarche.com Filed In clerk "t ffft- � — JUN . � ` ., ', ' u f f CITyGLkl��9 ABONMARCHE 0 Confidence By Design LEGAL DESCRIPTION FOR REZONING - PARCELS 8 & C HERITAGE PLACE AT LASALLE SQUARE Engineering Architecture Land Surveying Marina /Waterfront Community Planning Landscape Architecture Development Services A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF ST. JOSEPH COUNTY PUBLIC LIBRARY LASALLE BRANCH MINOR SUBDIVISION, RECORDED IN INSTRUMENT NUMBER 0739367 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 65 °07'27" EAST ALONG THE SOUTHERLY RIGHT -OF -WAY OF ARDMORE TRAIL, 308.53 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 IN SAID RECORDERS' OFFICE; THENCE SOUTH 00 000'00" EAST ALONG THE WEST LINE OF SAID PARCEL, 114.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90 °00'00" EAST ALONG THE SOUTH LINE OF SAID PARCEL, 10.00 FEET; THENCE SOUTH 00 °00'00" EAST, 114.77 FEET; THENCE NORTH 90 °00'00" EAST, 206.00 FEET TO THE WESTERLY RIGHT -OF -WAY OF BENDIX DRIVE; THENCE SOUTH 00 000'00" EAST ALONG SAID RIGHT -OF -WAY, 173.94 FEET; THENCE NORTH 89159'19" WEST, 108.03 FEET; THENCE SOUTH 77015'41" WEST, 67.00 FEET; THENCE NORTH 89'59'19" WEST, 42.62 FEET; THENCE NORTH 00 000'00" EAST, 303.45 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.91 ACRES, MORE OR LESS, AND SUBJECT TO RIGHT -OF -WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. Filed Ian Tq�'" bOice JUN — id L 4, -, F: \Projects \11 -0173 \Variances \LEGAL DESCRIPTION FOR REZON1NG.docx 750 Lincoln Way East 341 Airport North Office Park 95 West Main Street 361 First Street 503 Quaker Street South Bend, IN 46601 Fort Wayne, IN 46825 Benton Harbor, MI 49022 Manistee, MI 49660 South Haven, MI 49090 574.232.8700 260.497.8823 269.927.2295 231 J23 1 198 269.637,1293 www.abonmarche.com "' ABONMARCHE Engineering Architecture Confidence By Design Land Surveying Marina /Waterfront Community Planning ib,Lj trn.... Landscape Architecture Development Services STATEMENT OF PURPOSE AND INTENT The subject properties (1007 & Part of 1025 North Bendix Drive) are currently zoned "CB" Community Business District and proposed to be rezoned to "MF2" High- Density Multifamily District for the development of multifamily dwellings (Senior Independent Living Facility). 750 Lincoln Way East 341 Airporl North Office Park 95 West Main Street South Bend, iN 46601 Fort Wayne, IN 46825 Benton Harbor, MI 49022 574.232.8700 260.497.8823 269.927.2295 www.abonmarche.com Filed In C" #, rWt office JUN JOHN k,00�ia CITY CLERK, SirVTK 361 First Street Manistee, MI 49660 231.723,1198 503 Quaker Street South Haven, MI 49090 269.637.1293 r i aalfi K�;: saenos Bnvstn iV 3OVId 3Jb LILi3H 4 t � W j c V] C x ' I 5 11 ry / n M e� ire �4$ isBn038 `JNINOM r- NV'1d RDS AUVNIWI132ld : �aRug ti I� ea �� : io.Y a N L. fix CL yEb BE U I 9 A x � � Q tt �n _O a � 4 4 $ o if 4 4 t � W j c V] C x ' I 5 11 ry / n M e� ire �4$ isBn038 `JNINOM r- NV'1d RDS AUVNIWI132ld : �aRug ti I� ea �� : io.Y a N L. fix CL yEb BE U I m A Q tt �n _O �gg 3d5�i% (.W' 40.8 34180 AWE �-4A doW((Z]] IX �2 _ WlYA 0 9i _ GAUD AO) 133YLS A10 OSOdO&d 0 it li d i�l iYJ K�L4Si iSG'AN'LIYt{PKlS �+!WZBy'�'R'ue�a3l5 �YbN 6LLPltM�!va+e)(9Yaa.�e4c!lP3 ifr(�{/q !{N�4 Q C - � 4 4 $ 4 it li d i�l iYJ K�L4Si iSG'AN'LIYt{PKlS �+!WZBy'�'R'ue�a3l5 �YbN 6LLPltM�!va+e)(9Yaa.�e4c!lP3 ifr(�{/q !{N�4 s=. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY' OF SOUTH BEND, INDIANA FOR THE YEAR 2011 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances #10045 -10 and #10046 -10, passed 10/25/10) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2011. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk G.- 0 C Member of the Common Council S 9 9 of V r1a bli-I is only to pmvVe an op"mily for public NX4 end Presented by me to the Mayor of the City of South Bend, Indiana, on the _ day of , 2011, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , 2011, at o'clock—. m. Mayor, City of South B 1 sf READING � - l 3-4 PUBLIC HEARING 3 rd READING NOT APPROV0 REFERRED PASSED Filed In 6 -9i .4- 6 ice, ,SUN 4.1 JOHN WOOD CITY CLERK, SC U r,4 UND, IN CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA CONTROLLER June 8, 2011 Mr. Derek Dieter President, South Bend Common Council 4 1 Floor, County -City Building South Bend, IN 46601 re: Ordinance of the Common Council for Budget Transfers of Various Departments within the Civil City of South Bend Dear President Dieter: Unforeseen conditions have developed since the initial adoption of the existing budgets approved by Common Council Spending Ordinances #10045 -10 and #10046 -10 which necessitate the increase and reduction of appropriations within various departments of the General Fund and other funds of the City of South Bend during 2011. Attached is a spending appropriation bill for this purpose with an attachment providing details to all of the increases and reductions. The attached schedule is incorporated into the bill itself and made a part thereof. The increases and reductions included herewith are expenditure neutral for the 2011 budget, with increases and reductions netting to a zero dollar appropriation. I will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. It is requested that this Bill be filed for 151 reading at the June 13, 2011 Council.meeting, with 2 "d 3`d reading and council vote at the June 27, 2011 Council meeting. I am available to discuss any matters concerning this bill at the convenience of Council. Gregg cc: Stmt n J. Luecke, Mayor of the City of South Bend Fred in Clerk's 1 -�. JUN - JOHN VOORDE CITY CLERK.. S0k,17 H BEND, IN f County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 -1830 Phone: 574/235 -9216 Fax: 574/235 -9928 TDD:574/235 -5567 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1117 - 1119'/ W. Washington St, WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the South Bend 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 Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1117 —1119 % W. Washington St. in order to permit To allow a duplex in a "SF2" District SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION HI. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized. therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the 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. PRESENTED � -( �- NOT APNZOp jLj Member of the Common Council Filed in Clerk's C :=fr MAY E NOWO SLY I„%: tit 'oi.N CITY CLERK, SOUTH EMEND, IN To Whom It May Concern: 05/03/2011 Seeking a Special Exception to allow a duplex in a "SF2" District and from the following variances: From the required 60' Frontage to 55.44 and from the required 60' lot width to 55.44 from the required 25' front yard setback to 13.4 from the required 6' side yard ' setbacks to 4.4' on the west line to 8' on the east line. Rachel L. Givens 2426 Kenwood Ave South Bend, IN. 46628 574 -289 -6174 Property Address: 1117 -1119 % Washington Street South Bend, IN. 46628 Portage Township 1. The Proposed use will not in any way be injurious to the public because we keep our properties clean and drug free. We tell as well as enforce, to all our renters, that if there is any suspected drug or criminal activity that we will inform and give the police permission to search the premises. That alone builds strong morals and a good police neighbor relationship. This in turn makes the community safer. 2. Said Property has been present for years with minimal to no up keep. We will Perform all repairs and get it occupied. Said property is a duplex, therefore it will not affect the adjacent areas or the apartment complex within the next block; as a result the property value will increase. Also, we volunteer to have the triplex torn down. With this being done we lose financially but, gain a more improved area. 3. The proposdd use will be consistent with the character of the district. Just like the Heritage Foundation, we want to bring good quality living, at a reasonable price, to lower income families. Unlike other landlords we have a lot invested in this area, because we live in this community as well. 4. I agree with the city's Comprehensive plan to not only bring the city back to where it was originally and to make it a better place to live. My mother and l are strong believers in this vision, my mother has lived in the same house for almost 40 years and has worked in her current position for over 30 years and has invested her hard earned money into this community. So, its not for the money, this is for the pride of the neighborhood. Thank you, Rachel L. Givens �fZQJ` • 8 'o SHEET 1 OF 1 SURVEYOR LOCATION REPORT T141S REPORT IS DESIGNED FOR USE BY A TITLE INSURANCE COMPANY WITH RESIDENTIAL LOAN POLICIES, NO CORNER MARKERS WERE SET AND THE LOCATION DATA HEREIN IS BASED ON LIMITED ACCURACY MEASUREMENTS. THEREFORE, NO LIABILITY WILL BE ASSUMED FOR ANY USE OF THIS DATA FOR CONSTRUCTION OF NEW IMPROVEMENTS OR FENCES ON THIS LOCATION, IF A MORE ACCURATE OR DETAILED LAND SURVEY IS NECESSARY OR IF CORNER MONUMENTS ARE REQUIRED, AN INDIANA LAND TITLE SURVEY SHOULD BE ORDERED, PROPOSED BUYER: RACHEL L. GIVENS LEGAL DESCRIPTION: LOT 3 ROCKAFELLER'S FIRST ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST, JOSEPH COUNTY, INDIANA. NOTE: DEED OR RECORD WST. 00708721 WASHINGTON STREET (82.5' R /W) I, THE UNDERSIGNED INDIANA REGISTERED LAND SURVEYOR, HEREBY CERTIFY TO THE PARTIES NAMED ABOVE THAT THE REAL ESTATE DESCRIBED HEREIN, WAS INSPECTED UNDER MY SUPERVISION ` \ \ \ \ \ \1tf411Jl1f777,,'' ON THE DATE INDICATED AND THAT, TD THE BEST OF MY KNOWLEDGE AND BELIEF, THIS REPORT ���\ !L� J. RD 4rf CONFORMS WITH THE REQUIREMENT'S CONTAINED IN SECTIONS 27 THROUGH 29 OF 865 1AC 1 1 -12 �� Q �� ... " ".. +, 4 FOR A SURVEYOR LOCATION REPORT. THE ACCURACY OF ANY FLOOD HAZARD STATEMENT SHOWN .�,.•�G15TER REPORT MAP, UNCERTAINTY IN LOCATION OR ELEVATION ON THE Z w = = LS20500010 _ — STATE OF *� A ZYCKI S 2orl ���,gjl�q�ii Au•��� ```,� PROFESSIONAL LAND SURVEYOR N0. LS20500010 D 7YIIUs.�� ti\I \ \ \`,` STATE OF INDIANA PROPERTY 1117 -1119 4 WASHINGTON STREET ADDRESS: SOUTH BEND, IN PROPERTY LOT 3 DESCRIPTION: ROCKAFELLER'S FIRST ADD. PORTAGE TWP, ST. JOSEPH CO, IN DRAWN BY., JLM CHECKED BY: MJR DATE: 04/01/11 SCALE: 1"-40' AS ABONMARCHE CONSULTANTS, INC. 750 Llneoln Way East Fort Wayne, Indiana South Band, Indiana 46601 Benton Harbor, 6l1rhlgan (874) 232 -8700 Manistee, Michigan FAX: (574) 251 -4440 South Haven, Mlchigoh ENGINEERING / LAND SURVENNG / PLANNING / CONSTRUCTION SERMCES FB: HSE MISC VOL1 PG23 DESIGNATED FLOOD ZONE: SEC. 11— T37N --R2E COMM. PANEL NO: L w z O Q Ch to 6 CO COVERED 2ND FLOOR PORCH 14' ALLEY 55.44' R 35,94'W 6.4# W T55.44'_ ss. 1.7'# 1 o TWO I N STORY n r FRAME E I 1 I 4 1 1 I E 1 I k 1 � r O 00 CONCRET 1 Ol SIDEWALKS 1 I r I • 4,4'# I I 35.8' � I I 2.a' TWO °o STORY a I FRAME, N � j I 37.6' 1 f _ 13,4'± I COVERED PORCH WASHINGTON STREET (82.5' R /W) I, THE UNDERSIGNED INDIANA REGISTERED LAND SURVEYOR, HEREBY CERTIFY TO THE PARTIES NAMED ABOVE THAT THE REAL ESTATE DESCRIBED HEREIN, WAS INSPECTED UNDER MY SUPERVISION ` \ \ \ \ \ \1tf411Jl1f777,,'' ON THE DATE INDICATED AND THAT, TD THE BEST OF MY KNOWLEDGE AND BELIEF, THIS REPORT ���\ !L� J. RD 4rf CONFORMS WITH THE REQUIREMENT'S CONTAINED IN SECTIONS 27 THROUGH 29 OF 865 1AC 1 1 -12 �� Q �� ... " ".. +, 4 FOR A SURVEYOR LOCATION REPORT. THE ACCURACY OF ANY FLOOD HAZARD STATEMENT SHOWN .�,.•�G15TER REPORT MAP, UNCERTAINTY IN LOCATION OR ELEVATION ON THE Z w = = LS20500010 _ — STATE OF *� A ZYCKI S 2orl ���,gjl�q�ii Au•��� ```,� PROFESSIONAL LAND SURVEYOR N0. LS20500010 D 7YIIUs.�� ti\I \ \ \`,` STATE OF INDIANA PROPERTY 1117 -1119 4 WASHINGTON STREET ADDRESS: SOUTH BEND, IN PROPERTY LOT 3 DESCRIPTION: ROCKAFELLER'S FIRST ADD. PORTAGE TWP, ST. JOSEPH CO, IN DRAWN BY., JLM CHECKED BY: MJR DATE: 04/01/11 SCALE: 1"-40' AS ABONMARCHE CONSULTANTS, INC. 750 Llneoln Way East Fort Wayne, Indiana South Band, Indiana 46601 Benton Harbor, 6l1rhlgan (874) 232 -8700 Manistee, Michigan FAX: (574) 251 -4440 South Haven, Mlchigoh ENGINEERING / LAND SURVENNG / PLANNING / CONSTRUCTION SERMCES FB: HSE MISC VOL1 PG23 DESIGNATED FLOOD ZONE: SEC. 11— T37N --R2E COMM. PANEL NO: L w z O Q Ch to 6 CO PARCELID NAME_1 MAILINGADD MAILINGCIT MAI LIN MAILIN GZIP 018 -1041 -1843 SOUTH BEND HERITAGE FOUNDATION PROPERTIES LLC 803 LWW South Bend IN 46601 018 -1041 -1804 SOUTH BEND HERITAGE FOUNDATION INC 803 Lincolnway West South Bend IN 46616 018- 1041 -1805 LRB HOLDINGS INC 106 N Buffalo St #300 Warsaw IN 46580 018- 3070 -2723 SMITH JEFFREY & BRIDGET 1121 W Jefferson B South Bend IN 46601 018 -3070 -2724 PHILLIPS MARGARETTE ANN & THOMPSON LENA L WILIFE ESTATE W /ROS & JT 1119 Jefferson South Bend IN 46601 018 -3070 -2725 LOPEZ SABRINA J 1117 W Jefferson South Bend IN 46601 018 -3070 -2726 ERIN REAL ESTATE INC 3019 S Michigan St South Bend IN 46614 016 -3070 -2727 NEY PRISCILLA S 1107 W JEFFERSON BLVD South Bend IN q 46601 018 -3070 -2728 BECKHAM RYAN 1323 N IRONWOOD DR South Bend IN 466151 018 - 3071 -2766 GALINDO- ALGODON CLEOTILDE 1154 Washington South Bend IN 46601 018 -3071 -2768 SOUTH BEND HERITAGE FOUNDATION 803 L W W South Bend IN 46616 018- 3071 -2769 WILLIAMS MARCELINE AND CORLETTE V BEAUCHAMP 1142 W Washington St South Bend IN 46601 018 -3071 -2770 ST & J LLC 1138 W Washington St South Bend IN 46601 i 018 - 3071 -2771 ST & J LLC 1138 W Washington St South Bend IN 466011 018 -3071 -2772 NICKELL NOAH N P O Box #10046 South Bend IN 46680 018- 3071 -2773 NATYNKA APRIL M 1126 W Washington St South Bend IN 46601 018 -3070 -2714 NATYNKA APRIL M 1126 W Washington St South Bend IN 46601 018- 3070 -2715 NATYNKA APRIL M 1126 W Washington St South Bend IN 46601 018- 3070 -2716 NATYNKA APRIL M 1126 Washington St South Bend IN 46601 018 -3070 -2717 MOODY REVA MARIE & DEWITT 722 N Twyckenham Or South Bend IN 46617 018- 3070 -2718 TAYLOR HAYES 51662 Windy Ridge Ct South Bend IN 46628 018- 1040 -1748 ST JOSEPH COUNTY County -City Bldg South Bend IN 46601 018 -1040 -1738 KUSBACH PAUL C 54497 Longwood Dr South Bend IN 4662 8 v i 0 018- 1040 -1740 BOWKER MARIA 1111 W Colfax South Bend IN 46616 018 - 1040 -1741 GILL ANDREW JACK 11261 Bridlewood Td Springs MI 49103 018 - 1040 -1749 GRAVES TERESA DIANE 119 Elm St South Bend IN 46601 018 - 3071 -2778 WALTON CURTIS JR & KIMBERLY EMISC 1137 W Jefferson Blvd South Bend IN 46601 018-3071 -2779 WALTON KIMBERLY 1137 W Jefferson BI South Bend IN 46601 018 - 3071 -2780 ASSET RECOVERY LLC 23901 Greenleaf Elkhart IN 46514 018 - 3071 -2781 MCGINNESS ARTHUR H & NANCY C TRUSTEES OF THE ARTHUR H MCGINNESS & NANCY C MCGINNESS REVOCABLE LIVING TRUSTGRANTORS RESERVE A LIFE ESTATE 607 N Lindberg Dr Warsaw IN 46580 018- 3070 -2722 SANDERS JESSE 1030 W Jefferson St South Bend IN 46601 018 - 1040 -1746 GUNDLACH NANCY C 12332 4a Rd Plymouth IN 46563 018 -3071 -2777 WALTON KIMBERLY 1137 W Jefferson South Bend IN 46601 018- 3070 -2719 PHILLIPS CARLIS R 1106 W Washington Ave South Bend IN 46601 018- 3070 -2720 SOUTH BEND HERITAGE FOUNDATION INC 803 Lincolnway West South Bernd IN 46616 r 018- 3070 -2721 SOUTH BEND HERITAGE FOUNDATION INC 803 Lincoinway West South Bend IN 46616 018- 3068 -2605 SOUTH BEND HERITAGE FOUNDATION INC 803 Lincoln Way West South Bend IN 46616 018 - 1041 -1780 ELLIS JERDA M AND ELLIS MARCELLA JT W ROS 209 S Coquillard South Send IN 46617 018 - 1040 -1760 MUHAMMAD LOIS P O Box 18931223 W Western Av South Bend IN 1 46634 1 018- 1041 -1798 WALKER HATTIE MAE 1034 W Colfax South Bend IN 46616 018- 1041 -1799 WINSTON MURDELL 2828 Lincoln Evanston IL 60201 i 018 - 1041 -1800 VARNEY KEVIN 206 S Barrett St Niles MI 49120 016 - 1040 -1758 GLASS EVELYN 1102 W Colfax Av South Bend IN 46616 018 -1040 -1761 HOMEBUYERS LLC P O Box 2544 South Bend IN 46680 018- 1040 - 176501 SHAMBRY CORNELIOUS 1207 W Washington St South Bend IN 46601 018 -1040 -1765 HOCKADAY JAMES S AND RUBY D 1854 N Elmer St South Bend IN 46628 1018-1040-1766 IGOODLING WAYNE 11201 W Washington South Send IN 46601 i f 7_ I V11, 018 - 1040 -1767 WIGFALL ADELINE 1131 W Washington South Bend IN 46601 018 1040 AMADOR - -1769 ADRIANE M 1.125 Washington 46819 018- 1040 -1771 GIVENS RACHEL L 2426 Kenwood Ave South Bend IN 46626 SOUTH BEND HERITAGE 018- 1040 -1772 FOUNDATION PROPERTIES LLC 803 LWW South Bend IN 46601 018 -1040 -1747 COMER ERIC J 58731 CR 13 South Elkhart IN 46516 WALKER MOSES M AND LOIS V 018- 1040 % r� -1751 BARNES CONNIE 1140 SORIN ST South Bend IN 46617 V CHURCH OF GOD HOLINESS 018 -1040 -1745 CHURCH 133 N Elm St South Bend IN 46616 WALKER MOSES MCKINLEY AND LOPS V % LONNIE WALKER % 018- 1040 -1750 CONNIE BARNES 1225 Woodfield Avenue South Bend IN 1 46615 CUNEGIN TITUS JAMES EDNA 018 -1040 -1753 CUNEGIN LIFE ESTATE 3711 Belle Vista South Bend IN 46619 018- 1040 -1754 DUPRIEST HELEN K 1116 W Colfax Av South Bend IN 46616 V VALLEY AMERICAN BANK & TRUST AS TRUSTEE LAND 018 -1040 -1755 TRUST LT-15 1114 W Colfax St South Bend IN 46601 018- 1040 -1759 DIXON EARNEST 1106 W Colfax Ave South Bend IN 46616 RICE NELLIE & DIXON EARNEST 018 - 1040 -1756 AS JOINT TENANTS WIROS 1106 W Colfax South Bend IN 46616 018- 1040 -1757 GLASS EVELYN 1102 W Colfax Av South Bend IN ` 46616 r NTA PROPERTY MANAGEMENT 016 -1041 -1797 LLC 201 Conroy Rd Sterrett AL 35147 018- 1041 BLOUGH -1779 MIKE 417 First St Goshen IN OZDYCH EMERY AND J46616 018- 1041 -1796 HENRIETTA 1038 W. Colfax Ave. South Bend IN AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 ,tune 2, 2011 The Honorable Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Rachel Givens ABZA 6 /1 /11 Dear Council Members: The above referenced petition of Rachel Givens was legally advertised on May 20, 2011. The Area Board of Zoning Appeals gave it a public hearing on June 1, 2011, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow a duplex in a "SF2" District, on property located at 1117 & 1119 '/z W. Washington Street, is sent to the Common Council with No 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, Mark A. Lyon Assistant Zoning Administrator MAL /cah GIVENS SPECIAL EXCEPTION PURSUANT 2I- 09.3(D) AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE-BECAUSE: The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflicting and inconclusive. Therefore, the Board is of the opinion that the Council would be in a better position to hear further clarification and more evidence on this petition. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: NO RECOMMENDATION ADOPTED this 1 ST Day of JUNE, 2011. YES NO MICHAEL URBANSKI RANDALL MATTHYS M JACK YOUNG M GERALD PHIPPS 0 ROBERT HAWLEY El JOE VELLEMAN D BRENDAN CRUMLISH