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Agenda Packet 12-10-2018
MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: DECEMBER 6, 2018 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, DECEMBER 10, 2018: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. INNOVATION & TECHNOLOGY TIM SCOTT, CHAIRPERSON 1. Update: IT Related Items Including Accela- IT Staff 3:50 P.M. PUBLIC WORKS & PROPERTY VACATION JOHN VOORDE, CHAIRPERSON 1. Substitute Bill No. 55-18- Adding a New Article 14 to Chapter 14 Addressing Special Events in the Public Right of Way 4:20 P.M. UTILITIES JAKE TESHKA, CHAIRPERSON 1. Bill No. 61-18- Amending the South Bend Municipal Code to add a New Article 14 Establishing Interim Storm Water Utility Rates 4:55 P.M. HEALTH & PUBLIC SAFETY JO M. BRODEN, CHAIRPERSON 1. Bill No. 18-74- Weather Amnesty Resolution 5:15 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. Update: Introduction- Daniel Parker, City Controller 2. Update: Diversity Study & Consultant, Christina Brooks 3. Bill No. 62-18- December 2018 Transfer Ordinance 4. Bill No. 63-18- December 2018 Appropriation Ordinance- Civil City Funds 5. Bill No. 64-18- December 2018 Appropriation Ordinance- Enterprise Funds 6. Bill No. 65-18- VPA Non- Reverting Funds Clean-Up Ordinance 7. Bill No. 66-18- Cemetery Fund-Related Ordinance Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Personnel & Finance Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Approval of 2019 Meeting Dates 2 4. Regina and Gavin Follow Up with Community Investment Update on Community Housing Pilot Program 5. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, December 10, 2018 7:00 P.M. 1. INVOCATION- REV. THOMAS M. THEWS, ST. PAUL’S MEMORIAL UNITED METHODIST CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS BILL NO. 18-72 A RESOLUTION CONGRATULATING THE SOUTH BEND EASTSIDE YOUTH BASEBALL AND SOFTBALL TWELVE (12) YEAR OLDS FOR MAKING IT TO THE 2018 WORLD SERIES PLACING FORTH (4TH) PLACE IN THE BABE RUTH WORLD SERIES 18-75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA THANKING DR. DARRYL M. HELLER FOR HIS CONTRIBUTIONS TO THE SOUTH BEND COMMUNITY 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_________ BILL NO. 55-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING, CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 14 ENTITLED SPECIAL EVENT ON PUBLIC PROPERTY REGULATIONS 61-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 14 ESTABLISHING INTERIM STORM WATER UTILITY RATES AND 2 AMENDING CHAPTER 2, ARTICLE 14 TO CREATE A NEW FUND FOR THESE REVENUES TO BE KNOWN AS THE STORM SEWER FUND (#667) 62-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2018 63-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2018 OF $269,500 FROM THE GENERAL FUND (#101), $850,000 FROM RECREATION NONREVERTING (#203), $50,000 FROM GIFT/DONATION/BEQUEST FUND (#217), $37,000 FROM LAW ENFORCEMENT CONTINUING EDUCATION (#220), $608,836 FROM CENTRAL SERVICES (#222), $708,000 FROM LIABILITY INSURANCE PREMIUM RESERVE (#226), $254,000 FROM LOIT 2016 SPECIAL DISTRIBUTION (#257), $9,100 FROM HUMAN RIGHTS FEDERAL GRANT (#258), $30,500 FROM LOCAL ROAD & BRIDGE GRANT (#265), $20,000 FROM TAKE HOME VEHICLE POLICE (#278), $393,400 FROM IT/INNOV ATION/311 CALL CENTER (#279), $26 FROM ECONOMIC REVENUE BOND (#281), $21,735 FROM POLICE GRANTS (#292), $2,000 FROM AIRPORT 2003 DEBT RESERVE (#315), $10,000 FROM SBCDA 2003 DEBT RESERVE (#328), $1,050,000 FROM COIT (#404), $130,000 FROM PARK NONREVERTING CAPITAL (#405), $116,202 FROM CUMULATIVE CAPITAL DEVELOPMENT (#406), $783,670 FROM EDIT (#408), $665,817 FROM EQUIPMENT VEHICLE LEASING (#750), $64,421 FROM SOUTH BEND REDEVELOPMENT AUTHORITY (#752), AND ($22,974,385) FROM EDDY STREET COMMONS CAPITAL (#759). 64-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2018 OF $157,435 FROM CONSOLIDATED BUILDING FUND (#600), $190,000 FROM SOLID WASTE OPERATIONS (#610), $12,000 FROM WATER WORKS CUSTOMER DEPOSIT (#624), $8,000 FROM WATER WORKS DEBT SERVICE (#625), $10,000 FROM WATER WORKS BOND RESERVE (#626), $25,000 FROM WATER WORKS O&M RESERVE (#629), $6,600 FROM SEWAGE WORKS OPERATING (#641), AND $55,000 FROM SEWAGE WORKS O&M RESERVE (#643). 65-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING SECTIONS 2-169, 2-170.2, 2-170.3, 2-170.4, 2-170.5, AND 2-170.6, WHICH 3 ESTABLISHED VARIOUS SPECIAL FUNDS ASSOCIATED WITH THE VENUES, PARKS, AND ARTS DEPARTMENT 66-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 12 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE ADMINISTRATION AND MAINTENANCE OF PUBLIC CEMETERIES IN THE CITY OF SOUTH BEND, AND AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH SPECIAL FUNDS FOR THE PERMANENT MAINTENANCE OF CITY-OWNED CEMETERIES 8. BILLS ON THIRD READING TIME:______ BILL NO. 55-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING, CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 14 ENTITLED SPECIAL EVENT ON PUBLIC PROPERTY REGULATIONS 61-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 14 ESTABLISHING INTERIM STORM WATER UTILITY RATES AND AMENDING CHAPTER 2, ARTICLE 14 TO CREATE A NEW FUND FOR THESE REVENUES TO BE KNOWN AS THE STORM SEWER FUND (#667) 62-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2018 63-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2018 OF $269,500 FROM THE GENERAL FUND (#101), $850,000 FROM RECREATION NONREVERTING (#203), $50,000 FROM GIFT/DONATION/BEQUEST FUND (#217), $37,000 FROM LAW ENFORCEMENT CONTINUING EDUCATION (#220), $608,836 FROM CENTRAL SERVICES (#222), $708,000 FROM LIABILITY INSURANCE PREMIUM RESERVE (#226), $254,000 FROM LOIT 2016 SPECIAL DISTRIBUTION (#257), $9,100 FROM HUMAN RIGHTS FEDERAL GRANT (#258), $30,500 FROM LOCAL ROAD & BRIDGE GRANT (#265), $20,000 FROM TAKE HOME VEHICLE POLICE (#278), $393,400 FROM IT/INNOV ATION/311 CALL CENTER (#279), $26 FROM ECONOMIC REVENUE BOND (#281), $21,735 FROM POLICE GRANTS (#292), $2,000 FROM AIRPORT 2003 DEBT RESERVE (#315), $10,000 FROM SBCDA 2003 DEBT RESERVE 4 (#328), $1,050,000 FROM COIT (#404), $130,000 FROM PARK NONREVERTING CAPITAL (#405), $116,202 FROM CUMULATIVE CAPITAL DEVELOPMENT (#406), $783,670 FROM EDIT (#408), $665,817 FROM EQUIPMENT VEHICLE LEASING (#750), $64,421 FROM SOUTH BEND REDEVELOPMENT AUTHORITY (#752), AND ($22,974,385) FROM EDDY STREET COMMONS CAPITAL (#759). 64-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2018 OF $157,435 FROM CONSOLIDATED BUILDING FUND (#600), $190,000 FROM SOLID WASTE OPERATIONS (#610), $12,000 FROM WATER WORKS CUSTOMER DEPOSIT (#624), $8,000 FROM WATER WORKS DEBT SERVICE (#625), $10,000 FROM WATER WORKS BOND RESERVE (#626), $25,000 FROM WATER WORKS O&M RESERVE (#629), $6,600 FROM SEWAGE WORKS OPERATING (#641), AND $55,000 FROM SEWAGE WORKS O&M RESERVE (#643). 65-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING SECTIONS 2-169, 2-170.2, 2-170.3, 2-170.4, 2-170.5, AND 2-170.6, WHICH ESTABLISHED VARIOUS SPECIAL FUNDS ASSOCIATED WITH THE VENUES, PARKS, AND ARTS DEPARTMENT 66-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 12 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE ADMINISTRATION AND MAINTENANCE OF PUBLIC CEMETERIES IN THE CITY OF SOUTH BEND, AND AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH SPECIAL FUNDS FOR THE PERMANENT MAINTENANCE OF CITY-OWNED CEMETERIES 9. RESOLUTIONS BILL NO. 18-74 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CALLING FOR THE CONTINUED PROVISION OF TEMPORARY SHELTER AND PROTECTION FROM SEVERE WEATHER CONDITIONS IN THE CITY OF SOUTH BEND, INDIANA 10. BILLS ON FIRST READING BILL NO. 5 67-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ONE SUB-PART EACH OF SECTIONS 13-126 AND 13-127, CHAPTER 13, ARTICLE 11 OF THE SOUTH BEND MUNICIPAL CODE, BY REMOVING CERTAIN RESTRICTIONS ON TATTOO PRACTITIONER AND PREMISES LICENSING 68-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE CITY OF SOUTH BEND’S UPDATES TO THE CITY’S 2013 ADA PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY AND ITS TITLE VI PLAN FOR NON-DISCRIMINATION IN CITY SERVICES, PROGRAMS AND ACTIVITIES UNDER THE CIVIL RIGHTS ACT OF 1964 69-18 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2610 EAST JEFFERSON BOULEVARD, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 70-18 FIRST READING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 131 CHAPIN STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS BILL NO. 18-73 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 1718 MARINE STREET 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson Jake Teshka, Member Sharon L. McBride, Vice-Chairperson Karen L. White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Tim Scott, Member Gavin Ferlic, Member Jake Teshka, Member Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Jo M. Broden, Chairperson Oliver J. Davis, Member John Voorde, Vice-Chairperson Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Gavin Ferlic, Member Jake Teshka, Vice-Chairperson Sharon L. McBride, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Oliver J. Davis, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Regina Williams-Preston, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Sharon L. McBride, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. Broden, Vice-Chairperson John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Jake Teshka, Chairperson Sharon L. McBride, Member Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. Broden, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott Jake Teshka 2018 COMMON COUNCIL STANDING COMMITTEES (Rev.02-26-18) TIM SCOTT, 1ST District Council Member President Information and Technology, Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member REGINA WILLIAMS-PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Community Relations Committee, Vice Chairperson Information & Technology Committee, Member Public Works & Property Vacation, Vice Chair Utilities Committee, Member JO M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member JAKE TESHKA, 5TH District Council Member Utilities Committee, Chairperson Council Rules Committee, Member Information and Technology Committee, Vice-Chairperson Sub-Committee on Minutes, Member Community Relations Committee OLIVER J. DAVIS, 6TH District Council Member Vice President Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Information & Technology Committee, Member PARC Committee, Vice-Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Council Rules Committee, Member Health & Public Safety Committee, Member JOHN VOORDE, AT LARGE Council Member Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member Health and Public Safety, Vice-Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member 1200 COUNTY-CrrYBUTJDTNC 227 W. Jl�FFERS0N BOULEVARD SOUTTT BEND, INDTANA 46601-1830 Pl TONE 574/235-9241 FAX 574/235-7670 TTY 574/235-5567 ClTY 01: SOUTH Bl•'.ND P1m,: BUTfJCll'.G, MAYOR STEPHANIE STEELE CORPORKl'ION COUNSEL Mr. Tim Scott President South Bend Common Council Fourth Floor, County City Building South Bend, IN 46601 DEPARTMENT OF LAW October 3, 2018 AL1\DEAN M. DEROSE CITY ATl'ORNEY Filed in Clerk's Office OCT O 3 2018 KAREEMAH FOWLER ClTi CLERK, SOUTH BEND, IN Re: An Ordinance To Amend the South Bend Municipal Code By Adding a New Article 14 to Chapter 14 Addressing Special Events in the Public Right of Way Dear Council President Scott: The attached bill for filing with the Common Council is the result of considerable thought and discussion concerning how best to achieve cost equity and greater efficiency for large events held in the public right of way. It reflects ideas of both the Common Council and City administration. Similar legislation from other municipalities within and outside Indiana was reviewed and considered. This ordinance bas also been reviewed by Council's attorney Robert Palmer who made many helpful suggestions. Credit, too, must also be given to the Council's former attorney, Kathleen Cekanski Farrand, who reviewed numerous ordinances from other communities nationwide, and who developed the essential structure of this ordinance. Special events such as festivals, runs, parades, and street parties generate public enthusiasm and promote the City's cultural and economic prosperity. Simultaneously, they generate sub tantial co t in personne� materials and other City resources. The attached bill allocates the cost of these events in a more equitable manner than previously by creating a three tier system for apportioning costs, and further, by classifying event applicants as non-profit and profit to determine how much direct cost a specific applicant should assume and pay. Tier III is an event expected to attract regional crowds; Tier II is an event expected to attract city-,vide crowds; and Tier I is an event limited to a local neighborhood. Tier I events are usually block partie , and no co ts beyond the application fee are imposed on Tier I events. on-profit organizations are exempt from payment of costs in Tier II and Tier III event up to the um of $1,400 while profit organizations are required to pay all costs. The average total co t to the City of a Tier II and Tier III event is estimated to be in the range of 1,400, most of which are per onnel costs--primarily of public safety officers. ELLIOT A ANDERSON ASHLEY MILLS COLBORN SANDRA KENNEDY CLARA MC DAJ·HELS THOMAS PANO\'VICZ DANIELLE WEISS BILL NO. 55-18 Council President Tim Scott October 3,2018 Page 2 Another change to the previous process is the creation of a Special Events Committee consisting of five members from the most affected City departments. This Committee is responsible for the decision to issue a special event permit. Implementation of a committee review process is expected to result in reasonably prompt and thorough decisions with greater convenience to applicants. This ordinance also provides for special events involving free expression protected by the First Amendment of the United States and Indiana constitutions. No fee is imposed for these events, but sponsors are required to submit an application to hold the event in the public right of way. Specific weapons and facial coverings are restricted for such events in light of recent national occurrences where law enforcement officers were placed at risk during such events. The restrictions in weapons and face coverings contained in this ordinance were taken from laws from other cities. The persons expected to participate in the presentation of this ordinance to the Common Council are Jitin Kain, Chief Scott Ruszkowski or his designee. I will be present for legal questions. Mayor Pete's chief of staff Ms. Laura O'Sullivan and/or deputy chief of staff Suzanna Fritzberg may also participate. Thank you for your assistance. We look forward to working with the Council in the adoption of this ordinance. Sincerely, Aladean DeRose,City Attorney c: Council member Karen White jitin Kain Laura O'Sullivan Suzanna Fritzberg Council Attorney Robert Palmer Corporation Counsel Stephanie Steele 2 Filed in Clerk's Office OCT 0 3 2018 Bill No. KAREEMAH FOWLER Ordinance No. CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, AMENDING, CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 14 ENTITLED SPECIAL EVENT ON PUBLIC PROPERTY REGULATIONS STATEMENT OF PURPOSE AND INTENT With the number of special events held on public property growing each year, such as parades, runs, festivals, and street parties, South Bend has become a true destination venue. These events enhance the overall quality of life and the cultural and economic prosperity of our City, and are to be encouraged. The current information for special events as displayed on the City's website is entitled "Application & Forms-Public Works"and includes information for"Processions:Use for walks,runs,parades,motorcycle rides, or similar events." It refers to Board of Public Works Resolution No. 9-1985 approved on March 4, 1985,which has not been updated since then. Prior to this ordinance certain special events were handled by the Board of Public Works under the category of"block party."This category was defined as either residential or non-residential under Chapter 14,Article 11, Sections 14-93 through 14-95 of the South Bend Municipal Code.Nonresidential block parties included large festival events such as Art Beat, the former Ethnic Festival and similar large public gatherings and celebrations.These large events are referred to in this ordinance as either a"Civic Sponsored Special Event" or as a generic form of"Special Event." To reduce confusion, simplify, and better manage the licensing process for all events on public property, this ordinance repeals South Bend Municipal Code Chapter 14, Article 11,Sections 14-93 through 14-95 addressing block parties,and incorporates within this new Chapter 14, Article 14 the relevant provisions of the repealed Code Article 11 and its Sections regulating "block parties". The Common Council, in collaboration with the City Administration, have worked together to discuss the many details involved with special events held on public property, and especially the many required City services needed to make sure that each event is safe for all to enjoy.An assessment of the costs incurred by the City, in conjunction with goodwill developed, has also been carefully reviewed and discussed. If a proposed event is reasonably anticipated to take place at least in part on public property and is required to have substantial public services involved to deal with the impacts of an event, including but not limited to public safety and public works services, the City has a legitimate public interest in requiring the applicant to share relevant information, and when determined to be reasonably necessary, to help off-set some of burden of the required public services costs from the City's taxpayers. The following special event regulations are aimed at promoting the mutual benefits of the City of South Bend and event organizers. They set forth a process for permitting special events based on best practices effectively used in other communities.The City has a compelling need to coordinate timely the planning of each proposed special event in order to protect public health and safety, and to help reduce the potential impact of noise, congestion,pedestrian and traffic congestion,while guaranteeing the public's rights to free speech and assembly. It is believed that the following special event and parade regulations are in the best interests of the City of South Bend, Indiana. BILL NO. 55-18 Special Event and Parade Regulations Ordinance Page 12 Now, Therefore,Be It Ordained by the Common Council of the City of South Bend,Indiana, as follows: Section I. Chapter 14 of the South Bend Municipal Code which is entitled "Specific Public Safety Regulations"is amended by the inclusion of new Article 14,which shall read in its entirety as follows: Article 14. Special Event on Public Property Regulations. Division I. Regulations of General Application. Sec. 14-130 Title. This Article shall be known as the "Special Event on Public Property Regulations". Sec. 14-131 Purposes.' a) It is recognized that special events on public property provide opportunities to enhance the City of South Bend and provide benefits to the citizens through the creation of unique venues for expression and entertainment, which may not routinely be provided as a part of governmental services. b) It is the purpose of this Article to establish fair and reasonable processes for permitting special events conducted by the private sector to use City streets, sidewalks, facilities and/or services. c) It is acknowledged that a coordinated process for the regulation is necessary in order to protect the public health, safety and welfare of the city,the patrons,participants, and attendees of special events, and to protect the rights and interests which are granted to special event permit holders. d) These regulations create a fair and reasonable cost recovery program. Being mindful of City taxpayer concerns, the anticipated costs related to the City providing substantial public services are calculated and shared equitably by the involved parties requesting to hold a special event. e) These regulations are further intended to protect the rights of citizens who wish to engage in constitutionally protected free speech expressive activities, based on the least restrictive and reasonable time,place and manner regulations of those activities. Sec. 14-132 Definitions. As used in this Article: Applicant"means the person or group sponsoring or organizing a special event who is required to apply for a Special Event Permit. Application fee"is a non-refundable amount charged by the City to help cover part of the administrative cost of processing the permit application through the City's internal review process.It is separate from any other charges and/or cost which may be required by City regulations. Block party"also referred to as "residential block party"means a public assembly sponsored solely by and limited to the actual residents of a block or blocks on a certain street. Indiana Code§36-1-3-2 provides in the Home Rule statute that units of government are granted"all the powers that they need for the effective operation of government as to local affairs".Indiana Code§36-1-4-11 authorizes the passage and enforcement of ordinances,with Indiana Code§ 36-1-6-1 et seq.setting forth further enforcement powers and duties. Special Event and Parade Regulations Ordinance Page 13 Board of Public Works"means the board referred to in Section 2-50 of the South Bend Municipal Code 2. Business day" means business hours during the City's routine work week. The City is open Monday through Friday. A"business day"excludes City holidays. City"means the City of South Bend, Indiana. Civic sponsored special event"means any official City of South Bend special event designated in Sec. 14- 142 of this Article. Committee"means the"Special Events Committee"as defined later in this Section. Cost recovery" means administrative and departmental costs that include fixed costs, direct costs and indirect costs projected to be incurred by the City in conjunction with an event being held. Cost recovery program" means a fair and reasonable process developed to capture some or all of the administrative and departmental costs incurred by the City in conjunction with a special event. Demonstration"means any public display, assembly, formation, or procession which for the purpose of expressive activity is: a) To assemble or travel in union on any street in a manner that does not comply with routine or normal traffic regulations or controls; or b) To gather on public property location. Demonstration Form" means the form required under Section 14-140 of this Article to hold a demonstration consisting of twenty-five(25)or more individuals. Electronic means" is the use of electronic or digital equipment to process, convey, store, or transmit information to or from the City pertaining to this Article, specifically, the application for a special event permit and related information. Event"means"Special event"as defined later in this Section. Event classifications'd are as follows: Tier I. Neighborhood—These events attract attendees within the neighborhood. Examples include block parties and neighborhood celebrations. Anticipated attendance for these events is 500 persons or fewer. Tier II. City—These events attract attendees from all parts of the City. Examples include small races, walks,marches,processions,and parades.Anticipated attendance for these events is 1,000 persons or fewer. Tier III. Regional—These events attract attendees from the region.Examples include concerts,large races, carnivals and fairs.Anticipated attendance for these events is over 1,000 persons. Z Indiana Code§36-4-9-5 authorizes the establishment of a board of public works. 3 Department of the Treasury Internal Revenue Service Publication 4221-NC identifies in the"Tax-Exempt Organization Reference Chart"the following by Code Section whose contributions are deductible:501(cx 1)Instrumentalities of the United States,501(cx3)Religious,Educational, Charitable,Literary,Testing for Public Safety,to Foster National or International Amateur Sports Competition,or Prevention of Cruelty to Children or Animal Organizations,501(cx8)Fraternal Beneficiary Societies,Orders or Associations,501(c)(10)Domestic Fraternal Societies, Orders or Associations,501(c)(13)Cemetery Companies,501(e)Cooperative Hospital Service Organizations,50l(k)Child Care Organizations, and 501(n)Charitable Risk Pools. Special Event and Parade Regulations Ordinance Page 14 Special event application forms correspond to the Tier number of the special event for which a permit is sought. Persons seeking special event permits will receive and shall complete an application form that corresponds to the Tier number by which their proposed special event is classified. Civic sponsored special event"means a special event sponsored by the City. Event organizer" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event or parade. Expeditingfee"means an additional fee charged by the City when the applicant misses the filing deadline requirement and requests the Special Event Committee to act upon an application filed within a shorter period of time, causing an expediting of the internal review process required of City departments. Expressive activity"includes conduct,the sole or principal object of which is the expression,dissemination or communication by verbal,visual, literary or auditory means of opinion,views or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature.a Fixed Routes"i means those routes approved by the Board of Public Works for 5K and 10K races and similar events with an anticipated participation of 1,000 or fewer people which are held on one of the fixed routes established by the Board. Full costs"' include all direct costs and overhead costs incurred by the City for an approved event where City personnel and/or City equipment is required or deemed to be necessary. Governmental agency"means any agency or entity of the Federal Government, State of Indiana, or local government. Non-profit special event" means a special event which is sponsored by and whose special event net revenue (after reasonable costs of holding the event are deducted) will be payable to a corporation, partnership, enterprise, association or other cooperative organization having a purpose to further cultural, charitable, educational, scientific, religious, literary, amateur sports competition,hobbies, or other similar purposes recognized under Section 501(c) of the United States Internal Revenue Code and whose net revenue from the special event will be used solely for those purposes. Proof of tax exempt status by the U.S. Internal Revenue Service under Section 501(c) (3) (26 U.S.C. Section 501(c) (3)) shall qualify a sponsoring organization or entity for treatment as a non-profit Special Event under this Article. Parade"means an orderly procession of many persons,with or without vehicles and/or animals,through a public street for a special purpose or in celebration of an event, intended to attract spectators. Procession"means a group of persons or vehicles moving forward in a line or other orderly way especially as part of a ceremony, festival, or with a themed purpose. Expressive activity"is also commonly referred to as"First Amendment Activity".In Forsyth County,Georgia v.Nationalist Movement,505 U.S. 123(1992),the U.S.Supreme Court held that a government may impose a permit requirement on those wishing to hold a march,parade,or rally;however it cannot violate Free Speech guarantees of the First and Fourteenth Amendments by examining speech content and imposing a fee on such activity due to a potential public response to such expressive activity. 5 Board of Public Works Resolution No.9-1985 adopted on March 4,1985 established five(5)fixed routes. 6 Special Events Program:an Analysis of Costs,Program Development and Recommendations published by the Revenue Bureau of the City of Portland,Oregon notes on page Al-15 that'charges for services that benefit specific users should recover full costs,including all direct costs and overhead costs." Special Event and Parade Regulations Ordinance Page 15 Profit special event"means a special event which is sponsored by and whose net revenue from the special event is not payable to an entity or entities described in the definition for"non-profit Special Event"under this Article. Public property" means any street, public highway', sidewalk, public place', public way10, or watercourse". Sidewalk" means the part of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians12. Special event"means any temporary event planned to be held on public property and may include parades, processions, festivals, street fairs, and similar gatherings in non-residential streets, organized walks, runs, 5k, l Ok,marathons,bike runs,or similar events. A residential block party is a"special event"but is subject to distinct rules. Demonstrations as defined in this Article are treated separately from special events. Special event permit"means a permit issued under this Article. Special Event Committee" means the Committee having authority to receive, review, and process all requests for special events,and to make final recommendations for approval or denial of every special event application, as provided more specifically in Section 14.134 of this Article. Special Event Coordinator"means the designated person within the Department of Public Works whose duties include the processing of special event application forms, application fees and service charges; the receipt and processing of payments for special events that are not made electronically, the receipt and distribution of application forms and materials to Special Event Committee members, the preparation of Special Event Committee notices, record keeping pertaining to special events and any other task necessary to the efficient administration of the special event permit process. Street"means the entire width between the boundary lines of every way publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel.The term includes an alley13. Special event venue"means that area for which a special event permit has been issued. Substantial public services" mean a material increase in the amount, scope, or level of necessary fire, police,traffic control, crowd control,or other public services above those that would be required normally without the event. With respect to police resources, substantial public services mean resources for crowd management or traffic control required for the event over and above the normal deployment of police in that geographic area of the City at the time of day during which the event is scheduled to occur. Tier number"See"Event classifications." See. 14-133 Special event permit required. a) Except as otherwise provided in this Article, for any person or organization to-conduct, manage, promote, organize, aid, or solicit attendance at a special event,the person or organization shall be required to obtain a special event permit from the City of South Bend's Special Event Committee. 7"Street"is defined in Indiana Code§9-13-2-73. 8"Public highway"is defined Indiana Code§9-13-2-142 and Indiana Code§9-25-24 includes parking lots. 9iPublic place"is defined in Indiana Code§36-9-1-4. 10"Public way"is defined in Indiana Code§36-9-1-7. Watercourse"is defined in Indiana Code§36-9-1-10 Z"Sidewalk"is defined in Indiana Code§9-13-2-167. Street"and"Alley"are defined in Indiana Code§9-13-2-175 Special Event and Parade Regulations Ordinance Page 16 b) The Special Event Committee is authorized to issue permits for special events proposed to occur on public property pursuant to the procedures established in this Article. The Special Event Committee is authorized to determine the special event venue, to establish reasonable boundaries, to determine public health, safety and welfare conditions, and to authorize the coordination of the issuance of a special event permit with other public agencies or departments including the Police Department, Fire Department, Department of Public Works, Bureau of Traffic and Lighting, and other entities. Each such governmental entity shall review the application submitted pursuant to Sec. 14-154 and send advisory recommendations to the Special Event Committee. Sec. 14-134 Special Event Committee. a) Establishment and purpose. There is established a Special Event Committee to receive and review all special event applications;to issue special event permits for such events,to determine appropriate terms and conditions for such permits;to set the applicable fee including any expediting fee for any special event; and generally to administer this Article. The Special Event Committee in consultation and coordination with appropriate City Departments,and other relevant organizations,shall further identify the nature and scope of City services necessary for special events in general and for any particular application. b) Specific powers. In addition to those powers included in subpart(a) of this Section,the Special Event Committee shall have the power: 1) to interpret and administer this Article; 2) to establish criteria for determining whether an event meets the definition of a special event; 3) to represent the City and its Department of Public Works in discussions and in making agreements with persons or organizations who apply for or who propose an event that may require a special event permit; 4) to require,review, and approve security and crowd control and any traffic control plans; 5) to accept as appropriate or applicable, a bond, escrow account or letter of credit from a financial institution in lieu of an advance deposit of a fee; to determine the appropriate insurance coverage with the City as a named insured for a special event; 6) to deny an application, and/or issue a permit with conditions, and/or revoke a permit; 7) to review periodically in consultation with Corporation Counsel or designee the fee schedule and any rules and policies for the issuance of special event permits in conformity with this Article,and to make recommendations for modification of fees to the City's Board of Public Works; 8) to adopt rules and or policies for its own procedures; 9) to do anything reasonably related or necessary to perform its specific tasks and to perform other functions that may be assigned by ordinance from time to time. c) Committee composition. The Special Event Committee shall be comprised of five(5) members. One (1) member shall be appointed by the Mayor; one member shall be the Director of Streets or that Director's designee as approved by the Public Works Director; one (1) member shall be the Director of Engineering or that Director's designee as approved by the Public Works Director; one (1) member shall be appointed by the City's Chief of Police and one (1) member shall be appointed by the City Fire Chief. Special Event and Parade Regulations Ordinance Page 17 Each member shall serve indefinitely unless he/she resigns, is replaced by a successor in office, or is replaced by the designated appointing party. d) Committee meeting to determine issuance or denial of special event permit; applicant presence required. The Special Event Committee shall meet regularly and as frequently as it determines appropriate to discuss and determine whether a special event permit shall be granted and issued. The applicant shall be given reasonable advance electronic notice of the meeting and shall attend the meeting to provide information and answer questions about the special event as the Committee deems appropriate.For persons who may submit applications over the counter, notice of the Committee meeting shall be given by U.S. mail. For purposes of Indiana's Open Door law (Ind. Code §5-14-1.5), a meeting of,the Special Event Committee is a public meeting. (e) Denial ofpermit or issuance ofpermit with conditions. 1) The Special Event Committee's decision to deny a special event permit shall be in writing with reasons stated for denial,and shall be communicated promptly to the applicant, either in person, by overnight delivery through a carrier that provides proof of delivery, or electronically. Electronic delivery shall also be accompanied by regular surface mail to be posted within 24 hours of electronic notice. 2) The Special Event Committee may deny a special event permit for any of the following reasons or for any other good cause: i) The applicant supplies false or misleading information; fails to complete the application or to provide other required documents. ii) The applicant willfully fails to comply with a requirement or Regulation of this Article. iii) The application is untimely. iv) The applicant or event sponsor previously engaged in conduct or activity which resulted in jeopardizing the public health, safety or welfare. v) The proposed event is proximate to another Special Event previously permitted or scheduled such that the City after making reasonable efforts to accommodate both events, is unable to reasonably accommodate both events. vi) The proposed event would unreasonably disrupt the orderly or safe circulation of traffic so as to present an unreasonable risk of injury or damage to the public. 3) The Special Event Committee may issue a special event permit with conditions placed upon the event in the best interest of public health,safety, or for other reasonable cause. 4) If the Special Event Committee is unable to reach a determination of whether or not to issue a special event permit, it shall refer that application to the Board of Public Works for final determination,and the Board shall act as expeditiously as possible on the application. f) Review of the Special Event Committee's denial of permit or issuance of conditional permit. An applicant may request administrative review of a Special Event Committee's denial of a special event permit application or may appeal conditions placed by the Committee upon such permit. Review shall be made to the City's Board of Public Works.The request for review must be d delivered to the City Department of Public Works within three (3) business days from denial or issuance of the conditional permit. Hearing on the request for review shall be placed on the Board of Public Work's next Special Event and Parade Regulations Ordinance Page 18 soonest agenda. A request for review shall contain a short, plain, reasonably clear statement of why the Committee's decision should be reversed or amended.A request for review should be filed electronically. Sec. 14-135 Limited exception to Special Event Permit requirements. a) A special event permit is not required for: 1) Funeral processions 14; 2) Activities conducted by a governmental agency acting within the scope of its authority, 3) Lawful picketing on sidewalks15; 4) Demonstrations which do not involve the use of motor vehicles, animals, fireworks; or pyrotechnics provided that: i) No fee or donation is charged or required as a condition of participation in or attendance at such Demonstration; and ii) The Chief of Police of the South Bend Police Department,or his official designee, is notified at least seventy-two(72)hours in advance of the commencement of the Demonstration, as further addressed in Section 14-140; 5) Fireworks display involving the assembly of people gathered on public property for the primary purpose of watching such fireworks display; 6) Any parades, exhibitions, or meetings governed by the Board of Park Commissioners pursuant to South Bend Municipal Code §19-48 et seq. However, the special event application forms used by the Board of Park Commissioners shall be nearly identical in substance to the forms used by the Special Event Committee. 7) A civic sponsored event. However, such event shall comply with any and all other regulations in this Article or as prescribed by the Special Event Committee or the Board of Public Works.The organizers of such event shall provide notice of the event to the Special Event Committee within the deadlines required in this Article along with event plans, and shall meet with the Special Event Committee for recommendation as to public safety and logistics. Sec. 14-136 Filing deadline and fee for special event applications; waiver of strict flung deadline. a) No application for a Tier II or Tier III Special Event will be accepted if filed in less than 30 days of the date the special event is to take place, and no application for a Tier I(neighborhood) Special Event will be accepted if filed in less than fourteen(14) days before the special event is to take place. Nor shall any application for any Tier of special event be accepted if filed more than 180 days before the date the special event is to take place. In requesting special event permits, applicants are encouraged to file their application in advance of the required deadlines set forth below to best assure that their special event will not conflict with another special event. b) Fully completed applications for all Tier II and Tier III special events should be filed no less than 60 days before the special event is to take place. 14"Funeral processions"are governed by Indiana Code§9-21-13. is"Picketing"and"assembly"are addressed in Indiana Code§22-6-1-4. Special Event and Parade Regulations Ordinance Page 19 c) Fully completed applications for all Tier I(neighborhood/residential)special events should be filed no less than 45 days before the special event.is to take place. d) All Tier II and III special event applications shall be accompanied by a non-refundable filing fee of fifty dollars ($50.00). However, an event organizer of more than one substantially similar event being held on different dates within six months of the same calendar year,may file for such similar and recurring special events at one time with payment of one filing fee. Each special event within such multi-event application is subject to separate charges for cost recovery as provided in Division 11 of this Chapter. The filing fee adjustment of this Section applies only when one application is filed for more than one substantially similar and recurring special event.This multiple event filing fee adjustment does not prevent or waive assessment of an expediting fee for any one or more special event(s) within a multiple event application as to which a waiver of filing deadline is granted by the Special Event Committee and for which an expediting fee is applicable under subsequent Section 14-137. e) All Tier I special event applications shall be accompanied by a non-refundable filing fee of twenty- five dollars($25.00). The application fee may not be waived or modified by the Special Event Committee. f) In light of the City's policy to encourage the holding of special events and parades within the City limits, deadline requirements established in this Article should be strictly adhered to. The Special Event Committee or the Board of Public Works when reviewing a Special Event Committee decision may waive strict compliance with the deadline requirements but only when such waiver is based on a thorough assessment of the facts taking into account prior similar cases, and when it is consistent with the responsibility of protecting the health, safety and welfare of the City. No waiver shall be granted for any Tier II and III special event application filed in less than 30 days from the date the special event is to take place, and no waiver shall be granted for any Tier I special event application filed less than 14 days before the special event is to take place. See. 14-137 Expediting fee required when filing deadlines are waived. In those limited circumstances where the Special Events Committee or the Board of Public Works waives strict compliance with the timing deadlines for filing an application for special event permit, the required non-refundable application fee shall be doubled in amount to help offset the expedited reviews required to be conducted by the Special Event Committee to assure the health, safety and welfare in a reduced period of time. An expediting fee will be required if a Tier II or III special event application is permitted to be filed between 59 and 30 days in advance of the event. An expediting fee will be required if a Tier I event application is permitted to be filed between 44 and 14 days before the event is to take place. Sec. 14-138 Filing of special event application or demonstration form by electronic means. a) The City shall maintain a reasonably prominent link on the City's website for filing and receiving application forms for a special event or for a Demonstration as required by Section 14-13 of this Article, and all persons requesting a special event permit or providing Notice of a Demonstration shall file and process all such requests by electronic means. b) Persons who verify that they do not have direct use of or access to electronic means of communication may file their applications in person or by mail in the office of the Clerk of the Board of Public Works. In the event of universal power outage, applications in person or by mail will be accepted. All persons are encouraged to use electronic means of filing and the Clerk of the Board of Public Works may reject for good cause a special event application or Demonstration Form not filed by electronic means. This shall not apply when in conflict with the accommodation requirements of the Americans with Disabilities Act(ADA) or similar law. Special Event and Parade Regulations Ordinance Page 110 Sec. 14-139 Requirements for use of city seal or name. a) Approval of a special event application shall not constitute the City of South Bend's endorsement of the special event, nor does it entitle the applicant or the event organizer to use the City of South Bend's seal or a facsimile thereof,or the City's flag, or its flag's graphic symbol as part of advertising,promotion, or holding of the special event. b) An Applicant or event organizer desiring to use the name of the City of South Bend, or its seal or facsimile,or the City's flag, or its flag's graphic symbol for the applicant or event organizer's special event must apply to the Board of Public Works for authorization of such use. Revenue sharing by the applicant or event organizer other than a City Department, Board, Commission or agency is required as a condition of such Board of Public Works approval of the right of use. c) Prior notice and proof of such notice from the City Clerk is required for an event organizer to use the City seal or facsimile thereof, or the City's flag, or its flag's graphic symbol.16 Sec. 14-140 Regulations addressing demonstrations—Demonstration Form. a) Any person organizing a demonstration where twenty-five or more persons are reasonably expected to participate shall complete and file a Demonstration Form with the Clerk to the Board of Public Works not less than seventy-two (72) hours in advance of the demonstration. Upon receipt of such completed Demonstration Form,the Clerk shall immediately send it to the Police Chief.There shall be no fees charged to the person providing information about the proposed demonstration for processing this form by the City. b) No person shall be required to obtain a separate special event permit for a demonstration unless such activity will likely result in the obstruction of City streets and/or sidewalks or will likely compromise the ability of the City to respond to a public safety emergency. c) If a demonstration is held without a permit,the participating persons shall be required to disperse if the police determine that public safety is being jeopardized because of actual or threatened harm.In such cases,police must communicate the order directing the participating persons to disperse peacefully before taking action to cause such dispersal. d) Persons participating in or attending a demonstration shall not carry or have on their person tools or implements that could reasonably be used to cause bodily injury to self or to another. Such items specifically include but are not limited to the following:torches,bricks,knives,daggers,swords,machetes, ice picks, shields,nun chucks,helmets,golf clubs,wrist rockets,chains,baseball bats,axes or axe handles, frozen water bottles, aerosol sprays, containers filled with flammable or biohazard material, and sticks, pipes, or slabs of wood which could be used as a weapon. Reasonably sized sticks or pipes used solely to raise and hold flags, signs, or banners are permissible if used for that purpose 1) Public safety officers shall have discretion to determine upon reasonable belief or inference whether other items not specifically listed herein constitute a weapon. 2) Any tool, implement or similar item constituting a weapon in the reasonable opinion of a public safety officer may be confiscated by that officer in the interest of public safety. ie Indiana Code§36-4-10-4 designates the City Clerk as the keeper of the City Seal. Special Event and Parade Regulations Ordinance Page ail 3) This weapon prohibition shall apply to any place within a 500 foot radius of the area where the demonstration is taking place,that is,the point or points where the spectators attending the demonstration has/have visibly ended. e) It is further prohibited for persons to participate in or attend a demonstration while wearing any mask, device, or hood by which any portion of the face is so hidden or covered as to conceal the identity of the wearer except for children under age 13 or workers wearing masks for safety reasons. Sec. 14-141 Board of Public Works to maintain special event and parade instructions,application forms, event checklist, event cost estimator,event evaluation, contact information and other data on City website. a) The City's Board of Public Works shall maintain and post on a designated City Website all Application Forms, List of Required Non-Application Fees, Costs, Recovery Schedules, Event Cost Estimator form and instructions, City Contact Information, Board approved Fixed Route Maps, Affidavit Forms in Support of Waiver or Modification of Insurance Requirements, Instructions,brochures,planning guides, and other data promoting education and public transparency. b) The Board of Public Works shall also maintain and regularly update on said website additional information which includes but is not limited to the following: 1) Citizen Access Portal which includes instructions,brochures,checklist, application forms, affidavits,waiver request forms, and related information; 2) Master Calendar listing current and upcoming Special Events,Parades and Demonstrations approved by the Board by date,name,access to more detailed information; 3) Links to relevant agencies and organizations; 4) Special Event Permit Process and Regulations summarizing permit fees, requirements addressing street/area closures, security, food and alcohol; health and medical, fire prevention, clean-up,barricades and cones,cost recovery,and related information. 5) Fixed Route Maps established by the Board of Public Works. c) The Board of Public Works is authorized to maintain additional avenues of communication to disseminate information addressing alerts which may impact a special event and/or parade,maps,upcoming civic sponsored events, and demonstrations. Sec. 14-142 Designation of Civic Sponsored Special Events. a) Each year, the following events shall be designated as civic sponsored special events under this Article: 1) Martin Luther King Walk 2) St. Patrick's Day Parade 3) Memorial Day Parade 4) Best Week Ever including(or separately)Kids Triathlon and Urban Adventure 5) Downtown for the Holidays Tree Lighting and Parade Special Event and Parade Regulations Ordinance Page 112 b) Civic sponsored special events along with First Fridays and Art Beat sponsored by Downtown South Bend (DTSB) shall be given preference on date selection each year by the Board of Public Works. The list of civic sponsored special events listed in subpart(a) of this Section may be supplemented by the Board of Public Works from time to time as deemed appropriate. c) Each civic sponsored special event shall comply with all applicable regulations of this Article, except for the payment of any fees or cost recovery charges. Sec. 14-143 Reserved for Future Use. Division II. Cost Recovery Program for Special Events. Sec. 14-144 Purposes. a) Identification and coordination with all City departments and other City governmental entities to assure that the public health, safety and welfare are protected, are critical components to the City's hosting of vibrant events in many public venues. b) The nature and scope of such governmental services must be assessed and reviewed through internal reviews of assigned City department personnel, in order to carry out such responsibilities. Often, this assessment results in substantial public services required to be provided.Each affected City department is required to recommend the level of each type of public service needed to be assigned for an event upon receipt of a copy of an application for a special event from the Special Event Coordinator to the Special Event Committee. That Committee shall review each such advisory recommendation and make the final determination of the level of necessary public services required, which shall be subject to the cost sharing provisions set forth in this Division. See. 14-145 Cost Recovery Program Established. a) In order to systematically and objectively address the purposes set forth in this Article, a Cost Recovery Program is established for certain special events proposed to be scheduled in the City. b) Recognizing the variety in types proposed events,the variety of applicants and/or event organizers, and the varying level of required governmental services which may be required to protect the public health, safety and welfare, a cost sharing program is determined to be the most fair and equitable method to properly balance having such events held in the City with the required costs of providing needed City governmental services." Sec. 14-146 Costs, Fees, Charges Associated with Special Events -Posting on Website Required; Deposit of Police Cost Recovery Monies into Fund#220. a) Full costs for all direct costs and overhead costs incurred by the City for City personnel and the use of City equipment shall be based upon the following most current documents: 1) Board of Public Works Resolution approving a Schedule for Material Rental governing such items as barricades,barriers, fencing,traffic cones, concrete barrier, etc.; and Special Events Program:An Analysis of Costs,Program Development and Recommendations published by the Revenue Bureau of the City of Portland,Oregon is on file with the Office of the City Clerk.It contains a summary of charts comparing various types of cost recovery of city services programs in effect in approximately twenty cities throughout the USA.U.S.Department of Transportation's Planned Special Events: Cost Management and Cost Recovery Primer was consulted which studied policies and procedures in Baltimore,Boston,Ithaca,Los Angeles, New York,Philadelphia,Phoenix,Seattle,and Washington,D.C.and focused on"Cost Recovery Best Practices". Special Event and Parade Regulations Ordinance Page 113 2) Board of Public Works Resolution approving Schedule for Equipment Rental governing such items as bleachers,platforms, scaffolding,grandstands, stage, etc.; and 3) Common Council Ordinances fixing wages, salaries, overtime rates and holiday pay; minimum hours of assignment requirements; etc.; and 4) Board of Public Safety Resolution approving the minimum staffing time increments for public safety personnel, if any, and the per hour costs for providing equipment, by type, from the South Bend Police Department and the South Bend Fire Department. Schedules of the above shall be posted by the Clerk to the Board of Public Works and updated on a reasonably regular basis so that accurate information is on-line. b) All monies collected for public safety services provided by sworn members of the South Bend Police Department shall be deposited into Fund#220,Law Enforcement Continuing Education Fund. Sec. 14-147 Cost Sharing Provisions Governing Special Events. a) Cost sharing for a special event shall be based on the following criteria: 1) The type of proposed event for purposes of public support.These categories are:(a)a"civic sponsored event" under Sections 14-132 and 14-140; (b) a profit special event; or (c) a non-profit special event,both latter terms as defined in Section 14-132 of this Article; and 2) The type of event classification,that is,Tier I,Tier H, or Tier III as defined in Section 14- 132 of this Article. b) The cost recovery charge is separate and distinct from the non-refundable application fee and any expediting fee required for a special event under Sections 14-136 and 14-137 of this Chapter. Sec. 14-148 Cost recovery charges. a) The City will absorb a portion of the costs and expenses incurred by the City directly related to a Non-profit special event" as defined in Section 14-132 up to the sum of One Thousand Four Hundred Dollars($1,400).All expenses over and above$1,400.00 must be reimbursed to the City by the non-profit organizer or sponsor of the event. b) An organization sponsoring a "Profit special event" as defined in Section 14-132 shall be responsible to the City for payment of all costs and expenses incurred by the City relating to that special event. c) A Tier I special event is exempt from cost recovery charges due to the minimal City services required for such special events. The City will absorb a sum up to One Thousand Four Hundred Dollars 1,400) of the costs and expenses incurred by the City directly related to a block party. d) The City will absorb all costs and expenses related to any civic sponsored special event as identified or described in this Chapter, or as supplemented by the Board of Public Works,whether or not the City is the sponsor or organizer. e) Those expenses constituting labor costs which may include labor and services performed by the South Bend Police Department,the South Bend Fire Department,or the South Bend Department of Public Works shall be reimbursed to the City at the rate of Forty Dollars ($40.00)per person per hour. Special Event and Parade Regulations Ordinance Page 114 f) Those expenses constituting material costs shall be reimbursed to the City at their reasonable.retail value. g) Recurring Event Discount: In the event that a proposed special event is a validated recurring event in the City, a ten percent(10%)discount shall be given by the City for reimbursement of Tier II or Tier III government services provided. h) Cost Recovery Invoice:The City will provide the applicant or event organizer with a Cost Recovery Invoice detailing any and all costs and charges, which are over and above the non-refundable application fee, a minimum of thirty (30) days in advance of the event. Payment in full of such costs and charges is required no less than four(4) days in advance of the event. i) Additional Charges/Costs: The City shall have the right to assess additional costs for litter and refuse collection to the extent that the applicant or event organizer fails to meet the obligations set forth in its clean-up plan, as well as bill for additional charges set forth in an itemized billing of any verifiable damages or loss caused to City material, equipment or property known by the City to have been caused during the event. 0) Refunds:In the event that it is determined by the City that the applicant or event organizer overpaid for Cost Recovery, the City shall refund money based on information from the City Controller or his/her designee within thirty(30)days of knowledge by the City of an applicant's overpayment. k) Postponement or Cancellation: An applicant or event organizer is responsible for notifying the Clerk to the Board of Public Works immediately upon the postponement or cancellation of an event. The applicant or event organizer shall be charged for any City services provided in advance of the event up through the time of notification. Sec. 14-149 through Sec. 14-153 Reserved for Future Use. Division III. Special Event Application and Regulations. Sec. 14-154 Special event permit application form requirements-non-refundable application fee. Application and Required Attachments: Unless otherwise provided by this Article, a special event permit application requires the following information: a) Name, address,telephone number and email of applicant; and b) Certification that the applicant will be financially responsible for any City fees and/or costs which may be imposed pursuant to this Article; and c) Name, address,telephone number and email of the event organizer, if any; and d) If the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the special event permit shall file a document from such organization which: 1) Authorizes that the applicant may apply for the special event permit on its behalf, and 2) Certifies that the applicant or event organizer will be financially responsible for any fees and/or costs which may be imposed pursuant to this Article; and Special Event and Parade Regulations Ordinance Page 115 e) Classification of special event: 1) Civic sponsored special event 2) Non-profit special event 3) Profit special event An applicant who designates itself under the non-profit classification is required to provide a copy of the IRS ruling or determination letter certifying its qualification as a non-profit or charitable organization under Section 501 of the Internal Revenue Code. If the non-profit organization has not received IRS approval or certification of tax exempt status,it must furnish satisfactory proof of its qualification as a non-profit entity. If the applicant applied for but was denied tax exempt status by the IRS, it must provide proof of denial, and the Committee or Board may disqualify the event under the non-profit classification. f) Name of the official charity partner, if any, of the event; and g) Statement of Purpose of the proposed special event; and h) Statement of any fees to be charged for the special event; and i) Number of sponsors at each level of partnered sponsorship, if any, of the event; and whether the event has different categories of activities, and the number of anticipated participants in each category; and j) Approximate number of persons attending the special event, including but not limited to vendors, attendees, and participants; and k) Proposed date(s)and times of the proposed special event; and 1) Approximate times when assembly for,and disbanding of,the proposed special event is to take place; and m) Proposed geographic location which identifies locations and duration of any proposed event closures, including route and traffic plan and map detailing the starting point and termination point; whether any TRANSPO bus route changes will be needed and confirmation of TRANSPO's tentative approval; notification process to be used to give notice to residents, business owners, motorists of the streets and/or sidewalks which will be temporally closed; and n) Proposed Site Plan, including the location of structures, compliance with ADA regulations,18 electrical [including description of any sound systems or other electrical devices to be used], sanitation, and plumbing; and o) Proposed plan for bicycle parking and whether alternative transportation arrangements exit which address an emission reduction plan; and p) Location(s), if applicable, of provisions for consumption of food and/or alcoholic beverages; and is ADA Standards for Accessible Design and ADA Title Two Technical Assistance Manual address regulations addressing ADA standards for accessible areas,entrances,paths of travel,parking and transportation,restroom,tables and concessions,seating,signage and publicity and communication. Special Event and Parade Regulations Ordinance Page 116 q) Location, size, and description of any signs, banners, or similar advertising or promotion materials to be used on site; and r) Location and duration of any entertainment which will be provided or present,including a list of entertainers,bands or performers; and s) Proposed emergency safety plan, including but not limited to the number of Indiana Law Enforcement Academy(ILEA)19 certified officers,fire,and emergency medical personnel, noting the need to use any of the City's public services and/or private resources; proposed internal communications systems and public-address systems; and t) Lost and Found plans including a description of the usage of signage, announcements on public address systems or pre-event handouts, u) Proposed traffic management plan,including but not limited to provisions of personnel and location of proposed loading areas,barricades, secured areas, and parking areas; and v) Proposed sanitation plan, including but not limited to the provisions of toilets and wash stations,including the number of those compliant with the ADA; w) Proposed clean-up plan to recycle, to remove waste, trash and litter, including but not limited to the need to use of City's public services and/or private resources; and x) Inclement weather plan in the event of a tornado warning, tornado watch, thunderstorm, dangerously high or low temperatures, and the alert system proposed for those participating; and y) Mitigation of Impact plans which provide community and public notice of potential impact of proposed event. z) Additional Requirements:At the time of filing a completed application,the applicant shall file: 1) Certificate of Insurance confirming the existence of a liability policy of not less than$700,000 per occurrence and$1,000,000 aggregate,which specifically names the City of South Bend, Indiana, as an additionally named insured for the event, unless specifically waived in whole or in part by the Board of Public Works; and 2) Indemnification Agreement: The applicant for a special event permit and if there is an event organizer, must further agree to jointly and severally indemnify and hold the City harmless against liability for any and all claims for damage to property, or injury to, or death of, persons arising out of or resulting from the issuance of a permit under this Division or the conduct of the special event or its participants; and 3) Proof of confirmation of any additional licenses,permits and documentation from other agencies which are required for the event; and 4) Affidavit of Applicant:The applicant must certify on a form provided by the City, by affirmation, that information provided in the application and additional 19 The Indiana Law Enforcement Academy in Plainfield,Indiana,is"Indiana's center for law enforcement education.The Academy prepares law enforcement professionals for service through rigorous training based upon values and respect". Special Event and Parade Regulations Ordinance Page 117 documentation is true and correct; and that the applicant agrees to comply with all applicable local,state and federal regulations; and 5) Public Disclosure Information:The City recognizes that the public has a legitimate interest in being informed about special events,particularly as they directly relate to potential impacts on areas surrounding such events. Accordingly, the information provided by the applicant addressing the following shall be subject to public disclosure: 1) Event Title 11) Event Summary iii) Name and Contact Information for Event Organizer iv) Event Website Address v) Dates and Times of the Event vi) Location of the Event vii) Projected Attendance/Participants viii) Participation/Attendance Fee(s) ix) Additional Public Contacts x) Community Outreach Efforts xi) Fees, costs, and charges incurred 6) Non-refundable application fee of Fifty Dollars($50.00)made payable to the City. Sec. 14-155 Special event permit application review criteria.20 a) Application Review:Applications filed with the Special Events Coordinator shall be referred to the South Bend Police Department, the South Bend Fire Department, and the Department of Public Works' Division of Transportation], and when applicable to the Board of Park Commissioners, for review and advisory recommendations back to the Special Event Committee. Upon receipt of all internal reviews,the Special Event Committee shall determine whether a special event permit should be issued based on the following criteria: 1) Whether the information contained in the application required by this Division is complete, whether it is incomplete and has not been addressed after being advised by the City, or contains misleading or false information; 2) Whether there is adequate traffic management based on the time, place, or size of the proposed special event, including its impact on areas contiguous to the proposed special 20"Planning and Managing Security for Major Special Events:Best Practices for Law Enforcement Administrators"published March 2016 in the Police Chief Magazine was used in the preparation of this Section.This publication reviewed topics such as:guiding principles, planning/managing,threat-and risk assessment,business impact,radio communications,personnel and training,management during and after the event and post-event activities which was used in the drafting of these regulations. The Division of Transportation consists of four(4)bureaus,namely the Bureau of Streets,Bureau of Traffic and Lighting,Bureau of Municipal Service and Building Maintenance,and Bureau of Sewers. Special Event and Parade Regulations Ordinance Page 118 event location, whether it will unreasonably interfere with the safe and expeditious movement of pedestrian and vehicular traffic, ingress or egress to or use of adjoining private property, or unreasonably disrupt the use of a street when it is usually subject to significant traffic congestion; 3) Whether there are sufficient crowd control measures, including accessibility for ingress/egress, and emergency access for public safety personnel; 4) Whether the proposed special event would present an unreasonable danger to the health or safety of participants or other members of the public, or cause damage to public or private property; 5) Whether the conduct at the proposed special event would require the assignment or deployment of sworn members of the Police Department resulting in a substantial public service being delivered by that Department and the anticipated costs for such deployment needed to protect public health and safety,persons and property; 6) Whether a permit has been granted for the same time and approximate location, or would unreasonably interfere with another parade or special event for which a permit has been issued; 7) Whether the proposed special event would substantially interfere with any construction or maintenance work schedule(s)along the proposed parade route; 8) Whether there is adequate health and/or medical services provided to address hydration and sanitation needs of those participating in the proposed special event; (9) Whether there is adequate recycling and waste collection services proposed to be provided; 10) Acknowledgement of any additional requirements addressing temporary signs,temporary structures,vacant structures, and applicable building and/or zoning requirements; 11) Whether the applicant has previously violated the provisions of a similar permit or has violated City ordinances, or any other regulations in connection with a previous special event in the City; 12) Whether the applicant demonstrates an inability or unwillingness to conduct an event pursuant to the terms and conditions of this Article; 13) Whether the proposed special event would have a substantial impact and/or be required to use substantial public services, which in such case, a cost sharing fee, calculated pursuant to Division II of this Article, shall be made a condition of the issuance of the special event permit; and 14) Any other conditions the Special Event Committee believes are necessary to protect the public health, safety and welfare of the City and its residents. b) From a consideration of the completed application and from such other information as may otherwise be obtained,if the applicant has satisfactorily addressed all of the applicable requirements in this Article,the Board of Public Works may authorize the issuance of a Special Event Permit to the applicant. Sec. 14-156 Special event permit-issuance, contents, display--nontransferable. Special Event and Parade Regulations Ordinance Page X19 a) The Special Event Committee shall take final action upon a completed application for a special event permit as soon as practicable. b) Final action on a completed special event permit application shall consist of one (1) of the following: 1) Authorization that a special event permit be issued in accordance with the terms of the completed application found to be in compliance with this Article; or 2) Authorization that a special event permit be issued in accordance with terms and conditions modified and agreed to between the Board of Public Works and the applicant; or 3) Denial of the special event permit application by the Special Event Committee with notice being given by the Committee to the applicant of provisions for review by the Board of Public Works as set forth in Section 14-134(f) of this Article. c) Each special event permit authorized to be issued by the Special Event Committee must contain the following information or conditions: 1) Date(s)and hours of the approved special event; 2) Geographic boundaries of the approved special event location; 3) Conditions or restrictions imposed; 4) Special event permit number; and 5) Other information the Board of Public Works deems appropriate for the conduct of the special event and the enforcement of this Article. d) A copy of the special event permit shall be displayed in the special event venue in the method prescribed by the Board of Public Works applicable to the particular event and shall be exhibited upon demand of any City official. e) A special event permit is non-transferrable. Sec. 14-157 Notice of granting special event permit - responsibilities of Special Event Coordinator. Upon the Special Event Committee authorizing the issuance of a Special Event Permit, the Special Event Coordinator shall be required to see that: a) Notice of such approval is sent to the applicant and to all affected City Departments and to any other persons or entities involved with the implementation of the special event. b) Update the City's website by listing the date, name, access to more detailed information about the special event required by Section 14-136. Sec. 14-158 Date of special event not confirmed until permit issued. No date shall be considered confirmed until a special event permit is issued by the City. Sec. 14-159 Duties of applicant issued special event permit. Special Event and Parade Regulations Ordinance . Page 120 An applicant whose special event permit application was approved and is issued a special event permit by the City shall comply with the governing regulations in this Article and any additional conditions or restrictions imposed by the Board of Public Works. Sec. 14-160 through Sec. 14-161 Reserved for Future Use. Division IV.Parade(Tier II)Specific Regulations. Sec. 14-162 Special event permit required for parades (Tier II events). No person shall engage in or conduct a parade without first obtaining a special event permit issued as provided in the specific regulations set forth in this Division. a) Special event permit for parade—required information: 1) Name, address,telephone number and email of applicant; and 2) Name, address,telephone number and email of the event organizer, if any; and 3) Name, address, telephone number and email of the headquarters of the organization for which the parade is to be conducted; and 4) Type of event classification; and 5) Name of the official charity partner, if any, of the parade; and 6) Statement of purpose of the proposed parade; and 7) Statement of any fees to be charged to participate in the proposed parade; and 8) Number of sponsors, if any, of the proposed event; whether the parade has different categories of activities; the number of anticipated participants in each category; and the number of volunteers who will be assisting the applicant along the proposed parade route; and 9) Approximate number of persons who would witness the proposed parade along the route proposed; and 10) Date, time and estimated duration of the parade, including the time when registration is proposed to begin, the proposed time needed to organize before and disperse after the parade, and any possible alternative dates and times;and 11) Description of the route to be traveled, including the proposed starting point, the identification of and the directions to be followed on all streets,the termination point; and any areas proposed to be used to set up before and disperse after the parade; and 12) Map of the proposed route to be traveled clearly delineating all of the proposed affected streets, compass coordinates, and any anticipated street closures which may be needed; including the locations where traffic security officers will be necessary; and 13) Approximate times when assembly for, and disbanding of the proposed parade is to take place; and 14) Whether the proposed parade is new or a recurring event; and Special Event and Parade Regulations Ordinance Page 121 15) Approximate number and types of animals, vehicles, and floats which will constitute the parade; and 16) Description of any sound amplification equipment to be used in connection with the parade, if any; and(17) Lost and Found Plan including description of usage of signage, PA announcements, and/or pre-parade handouts; and 18) Inclement weather plan in the event of a tornado warning, tornado watch, thunderstorm, dangerously high or low temperatures, and the alert system proposed for those participating; and 19) Proposed traffic management plan,including but not limited to provisions of personnel and location of proposed barricades and/or viewing stand bleachers which will be needed; 20) Proposed Clean-Up Plan to remove any and all waste, trash and litter resulting from the parade; and whether the City's public services and/or private resources are to be used; and 21) Mitigation of Impact Plan which provides community and public notice of the potential impact of the proposed parade on residents and businesses which may be affected by the proposed parade route; and 22) Certification that the applicant will be financially responsible for any City fees and/or costs which may be imposed pursuant to this Article. b) Additional Requirements: At the time of filing a completed application,the applicant shall file: 1) Certificate of Insurance confirnung the existence of a liability policy of not less than 700,000 per occurrence and $1,000,000 aggregate, which specifically names the City of South Bend, Indiana, as an additionally named insured for the event, unless specifically waived in whole or in part by the Board of Public Works; 2) Indemnification Agreement:The applicant for a special event permit and if there is an event organizer,must further agree to jointly and severally indemnify and hold the City harmless against liability for any and all claims for damage to property, or injury to, or death of, persons arising out of or resulting from the issuance of a permit under this Division or the conduct of the special event or its participants; 3) Proof of confirmation of any additional licenses, permits and documentation from other agencies which are required for the event; and 4) Affidavit of applicant: The applicant must certify on a form provided by the City, by affirmation, that information provided in the application and additional documentation is true and correct; and- that the applicant agrees to comply with all applicable local, state and federal regulations; and 5) Public disclosure information: The City recognizes that the public has a legitimate interest in being informed about parades,particularly as they directly relate to potential impacts on areas surrounding such events. Accordingly, the information provided by the applicant addressing the following shall be subject to public disclosure: i) parade title ii) parade summary Special Event and Parade Regulations Ordinance Page 122 iii) name and contact information for parade organizer iv) parade website address v) dates and times of the proposed parade vi) location of the parade vii) projected attendance/participants viii) participation fee(s), if any ix) additional public contacts x) community outreach efforts xi) Fees, costs,and charges incurred 6) Non-refundable application fee of Fifty Dollars ($50.00)made payable to the City. Sec. 14-165 Special Event application for parades--review criteria u a) Application Review: Applications filed with the Special Event Coordinator shall be referred to the appropriate City Departments including but not limited to the South Bend Police Department, the South Bend Fire Department, and the Department of Public Works' Division of Transportation23, and when applicable to the Board of Park Commissioners, for review and advisory recommendations back to the Special Event Committee. Upon receipt of all internal reviews, the Special Event Committee shall determine whether a special event permit for a parade should be issued based on the following criteria: 1) Whether the information contained in the application required by this Division is complete, whether it is incomplete in any required item, or contains misleading or false information; 2) Whether there is adequate traffic management based on the time, place, or size of the proposed parade, including the assembly area(s) around route of the parade, will unreasonably interfere with the safe and expeditious movement of pedestrian and vehicular traffic,ingress or egress to or use of adjoining private property,or unreasonably disrupt the use of a street when it is usually subject to significant traffic congestion; 3) Whether there are sufficient parking places near the location of the parade to accommodate the number of vehicles reasonably expected; 4) Whether the proposed parade would present an unreasonable danger to the health or safety of the parade participants or other members of the public, or cause damage to public or private property; 5) Whether the conduct of the proposed parade will require the deployment of sworn members of the Police Department resulting in a substantial public service being delivered by that 22 Top 12 Things to Include in Parade Safety Plans-A Guide for Cities,Counties and Local Governments published by the National League of Cities is on file in the Office of the City Clerk and was used in the drafting of these regulations. 2s The Division of Transportation consists of four(4)bureaus,namely the Bureau of Streets,Bureau of Traffic and Lighting,Bureau of Municipal Service and Building Maintenance,and Bureau of Sewers. Special Event and Parade Regulations Ordinance Page 123 Department and the anticipated costs for such deployment needed to protect public health and safety,persons and property; 6) Whether a permit has been granted for the same time and approximate location, or would unreasonably interfere with another parade or special event for which a permit has been issued; 7) Whether the proposed parade would substantially interfere with any construction or maintenance work schedule(s)along the proposed parade route; 8) Whether there is a need to address adequate health and/or medical services proposed to be provided to address hydration and sanitation needs of those participating in the parade; 9) Whether there is adequate recycling and waste collection services proposed to be provided; and 10) Whether the applicant has previously violated the provisions of a similar permit or has violated City ordinances, or any other regulations in connection with a previous parade in the City; and 11) Acknowledgement of any additional requirements addressing temporary signs and/or zoning requirements; 12) Whether the proposed parade will have a substantial impact and/or be required to use substantial public services, which in such case, a cost sharing fee calculated pursuant to Division II of this Article shall be made a condition of the issuance of the Parade Permit; and 13) Any other conditions the Special Event Committee believes are necessary to protect the public health, safety and welfare of the City, such as a proposed sanitation plan including but not limited to the provision of toilets and wash stations,an appropriate number of which are compliant with the Americans with Disabilities Act(ADA). b) From a consideration of the completed application and from such other information as may otherwise be obtained,if the applicant has satisfactorily addressed all of the applicable requirements in this Article, the Special Event Committee may authorize the issuance of a special event permit for a parade to the applicant. Sec. 14-166 Designated parade route. a) Except where the applicant for a special event permit for a parade demonstrates to the satisfaction of the Special Event Committee, upon consultation with the Police Department, the Fire Department, and the Department of Public Works, that there are factors requiring an exception, all parades shall confine themselves to and follow one(1) of the following designated street route(s): 1) Riverside Drive Route 2) Northside Boulevard Route 3) Rum Village Route 4) Rum Village Oval Route 5) Boehm/Tarkington Route Special Event and Parade Regulations Ordinance Page 124 Sec. 14-167 Parade permit-issuance,contents,display and nontransferable. a) The Special Event Committee shall take final action upon a completed application for a special event permit for a parade as soon as practicable. b) Final action on a completed special event permit application for a parade shall consist of one(1)of the following: 1) Authorization that a special event permit for a parade be issued in accordance with the terms of the completed application found to be in compliance with this Article; or 2) Authorization that a special event permit for a parade be issued in accordance with the terms and conditions modified and agreed to between Special Event Committee and the applicant; or 3) Denial of the special event permit for a parade application by the Special Event Committee with notice being given by the Committee to the applicant of provisions for review by the Board of Public Works as set forth in Section 14-134(f) of this Article. c) Each special event permit for a parade authorized to be issued to the applicant by the Special Event Committee must contain the following information or conditions when applicable: 1) Starting date,time and durations of the parade; 2) Minimum and maximum speeds for the parade; 3) Maximum interval of pace to be maintained between the units of the parade; 4) Portions of any public way, sidewalk or public area to be traversed,utilized, or occupied; 5) Maximum length of the parade in miles or fractions thereof; 6) Conditions or restrictions imposed; 7) Parade permit number; and 8) Other information the Board of Public Works deems appropriate for the conduct of the parade and the enforcement of this Article. d) A copy of the parade permit shall be exhibited upon demand of any City official. e) A parade permit is non-transferable. Sec. 14-168 Notice of granting special event permit for a parade; responsibilities of Special Event Coordinator Upon the Board of Public Works authorizing the issuance of a special event permit for a parade,the Special Event Coordinator shall be required to see that: a) Notice of such approval is sent to the applicant and to all affected City Departments and to any other persons or entities involved with the implementation of the parade. b) Update the City's website by listing the date,name, access to more detailed information about the parade required by Section 14-136. Sec.14-169 Date of parade not confirmed until permit issued. Special Event and Parade Regulations Ordinance Page 125 No date shall be considered confirmed until a Parade special event permit for a parade is issued by the City. Sec. 14-170 Cost.recovery for parades. If the Board of Public Works determines that cost recovery is required for a parade,the provisions of Section 14-146 through Section 14-148 shall apply as a condition of a parade permit being authorized by the Board of Public Works. Sec. 14-171 Duties of applicant issued parade permit. An applicant whose parade permit application was approved and has been issued a parade special event permit by the City shall comply with the governing regulations in this Article,and any additional conditions or restrictions imposed by the Board of Public Works. Sec. 14-172 through Sec.14-174 Reserved for Future Use. Division V. Enforcement and Penalties. Sec. 14-175 Violations; remedies. a) A violation of any provision of this Article shall be punishable as provided in South Bend Municipal Code Section 1-23. b) Additionally,whenever an event is conducted without a obtaining a permit required by this Article, the event organizer shall be responsible for,and the City shall charge the event organizer for,all City costs incurred as a result of the adverse impacts of the event on City services,and any damages to public property which may have been caused from such event being unlawfully held. c) Any person engaged in the selling or distributing of illegal, non-licensed, or unauthorized merchandise,regardless of whether said person has received a permit under this Article, shall be subject to the immediate impoundment of said merchandise.Any Indiana Law Enforcement Academy certified officer employed by the event sponsor for copyright and merchandising purposes shall be authorized to inspect the merchandise of licensed entities related to copyright infringement and trademark violation. Sec. 14-176 Police Department; other powers. Nothing in this Article shall act to limit or otherwise prohibit the Police Department from exercising its authority as provided in this South Bend Municipal Code or the Indiana Code. Sec. 14-177 through Sec. 14-179 Reserved for Future Use. Section H. If any part, subsection, section, paragraph, sub-paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Special Event and Parade Regulations Ordinance Page 126 Section III. This ordinance hereby repeals as unnecessary Chapter 14, Article 11, Sections 14-93 through 14-95 inclusive of the South Bend Municipal Code, the relevant content of which has been incorporated into this new Chapter 14. Section IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication with an effective date of January 1, 2019. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2018, at o'clock .m. Office of the City Clerk Approved and signed by me on the day of 2018,at o'clock_.m Mayor, City of South Bend, Indiana Filed in Clerk's Office SOUTH••.. NOV 0 t 2018 KAREEMAH FOWLER R"-"'•+•'x ,: CITY CLERK,SOUTH BEND,IN CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director November 7, 2018 Mr. Tim Scott President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance amending the South Bend Municipal Code to add a new Article 14 establishing interim Storm Water Utility Rates Dear President Scott: As part of the budget hearings, I had requested that a new fund and fee be established for storm water infrastructure needs. The City does not currently have any dedicated storm water funds, however, we have a tremendous need for improvements to our storm infrastructure. Given the increasing intensity of storm events that we have witnessed lately, this funding source is more important now than ever before. The Common Council passed an expense and revenue budget for Fund 667(Storm Sewer Fund) for 2019. The attached ordinance is the enabling ordinance that will allow us to start billing and collecting the revenues as contemplated in the approved budget. We have included a start date of June I, 2019 as this will give us time to set up the billing. I will present changes to the ordinance at the committee meeting on 11/12/ 18. If you have any further questions or need additional information, please let me know. As always, thank you for your consideration. Sincerely, ric ory• 1, '.OrDirector of Public Works City of South Bend BILL NO. 61-18 BILL 61-18 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 14 ESTABLISHING INTERIM STORM WATER UTILITY RATES AND AMENDING CHAPTER 2, ARTICLE 14 TO CREATE A NEW FUND FOR THESE REVENUES TO BE KNOWN AS THE STORM SEWER FUND (#667) STATEMENT OF PURPOSE AND INTENT A storm sewer system consists of sewers, storm inlets, catch basins, manholes, curbs, gutters, ditches, swales, retention and/or detention ponds or basins, dams and flood control for the collection, control, transport or discharge of storm water. The location of the St. Joseph River within the boundaries of the City of South Bend and the greater frequency and intensity of rainstorms within the past several years requires that South Bend take proactive measures to improve drainage, control flooding due to storms and high water table levels, and improve the water quality of the City. Because the City has an aging infrastructure and has experienced unresolved storm water control issues relating to flooding, it is now necessary to establish an equitable funding mechanism to address the challenges and demands of changing weather patterns. This ordinance establishes a storm water user fee consisting of a flat rate of Two Dollars ($2.00) per month for residential customers and a flat rate of Five Dollars ($5.00) per month for non-residential customers. This storm water user rate shall apply for a period of at least two years with subsequent transition to a rate based upon the quantity of impervious surface area in a parcel of real estate after study and evaluation by the City’s Department of Public Works and upon Common Council approval. In implementing this ordinance, the City of South Bend joins a growing number of cities and towns nationwide that have set storm water rates or fees, and this ordinance is necessary for the effective, efficient operation of the storm water system in the City of South Bend, Indiana. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 17 of the South Bend Municipal Code be and hereby is amended to add a new Article 14 to read in its entirety as follows: Sec. 17-126. Storm water user fees established. BILL NO. 61-18 In order to pay for the maintenance, repair, replacement, and improvement of the existing and future storm water system for the City of South Bend at a time of increased flooding and water control issues due, among other things, to changing weather patterns and aging infrastructure, a storm water user fee shall be imposed on each and every tax parcel of real estate within the corporate boundaries of the City of South Bend, Indiana. This charge shall be assessed against the property owner, who shall be considered the user for purposes of this Article. This charge is deemed reasonable and necessary for its intended purpose. The rates established herein are temporary for at least two years from their effective date of June 1, 2019. During this interim the Department of Public Works shall study, evaluate and report to the Common Council the appropriateness of establishing storm water user fees based upon the quantity of imperious surface area in a parcel of real estate. The rates established in this Article shall remain effective until replaced, amended, or repealed by the South Bend Common Council. Sec. 17-127. Definitions. Unless otherwise defined in this Ordinance, the terms and phrases shall be defined as follows: (a) Impervious surface area means those areas which prevent or impede the infiltration of storm water into the soil as it enters natural conditions prior to development. Common impervious areas include, but are not limited to, roof tops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, gravel surfaces, awnings and other fabric or plastic coverings, and other surfaces which prevent or impede the natural infiltration of storm water run- off which existed prior to development. (b) Non-Residential real estate means all real estate tax parcels which are not described by the definition of Residential Real Estate and which shall be defined as Non-Residential. Non Residential Real Estate will include: i. Agricultural real estate; ii. Commercial real estate; iii. Industrial real estate; iv. Institutional real estate; v. Church real estate; vi. School real estate; vii. Federal, state, and local government real estate; viii. Utility real estate; and ix. Any other real estate not included in this list and which is not described by the definition of residential real estate. (c) Residential real estate means a separate tax parcel of real estate which is primarily used for dwelling purposes on which a building is situated which building contains one (1) but no more than two (2) dwelling units which dwelling units are each used or are intended to be used primarily for living, sleeping, cooking, and eating. Sec. 17-128. Storm water user fees. The specific storm water fees that follow are set for the purpose of providing repairs, replacements and miscellaneous services related to storm water flows and to provide future improvements and capital needs of the City of South Bend’s storm water system: (a) The storm water user fee for residential users for each tax parcel of real estate shall be at the rate of Two Dollars per month ($2.00) per active utility customer account. (b) The storm water user fee for non-residential users shall be at the rate of Five Dollars ($5.00) per month per active utility customer account. (c) There shall be no exceptions or exemptions from the assessment of storm water user fees for a particular type or classification of real estate parcels within the corporate boundaries of the City of South Bend, Indiana. Sec. 17-129. Collection of storm water user fees. (a) The collection of the storm water user fees authorized by this Article shall be effectuated by a monthly charge on a bill to be sent to the affected property owner. The City may designate any agency within the Department of Public Works to handle billing for the storm water user fees assessed under this Article. (b) If the Storm water user fee is not paid when due, a late payment penalty shall be charged and assessed by the designated South Bend billing agency consistent with Indiana Law for storm water utilities (Ind. Code 8-1.5-5-29, 8-1.5-5-30) at the rate of 10% of the unpaid bill (c) If Storm water user fees and penalties are not paid when due, they shall be collected by South Bend in the same manner that other delinquent fees and penalties are charged and assessed consistent with Indiana law. Section II. Chapter 2, Article 14 of the South Bend Municipal Code is amended to add a new Section 2-170.35 to read as follows: Sec. 2-170.35. Storm Sewer Fund. The Storm Sewer Fund (No. 667) is established for the deposit of all storm water user fees and penalties collected and interest earned thereon. Section III. The terms and provisions of this Ordinance are hereby determined to be severable; the invalidity or unenforceability of any section, sentence, clause, term, or provision of this Ordinance shall not affect the validity of any other section, sentence, clause, term, or provision of this Ordinance which can be given meaning without such invalid part or parts. Section IV. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of June 1, 2019. Tim Scott, Council President South Bend Common Council Attest: ________________________________ Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the _______ day of ____________________, 2018, at _______ o’clock ___. m. __________________________________________ Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the ______ day of _____________, 2018, at ___ o’clock ___.m. __________________________________________ Pete Buttigieg, Mayor City of South Bend, Indiana 1200N COUNTY CITY BUILDING SO*LTrj ' , PHONE 574/ 235-9217227W.JEFFERSON BLVD. jp4\ s f<rj' FAX 574/235-9928 SOUTH BEND, INDIANA 46601- 1830 JX 865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 19, 2018 Mr. Tim Scott, President Filed in Clerk's Office City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 NOV 19 2019 RE: December 2018 Transfer Ordinance KAREEMAH FOWLERR CITY CLERK, SOUTH BEND,IN Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2018, we plan to propose adjustments during four time periods—March, June, October and December. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on November 26, 2018 with 2nd reading, public hearing and3rdreadingscheduledfor December 10, 2018. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7678. Regards, Benjamin J. Dougherty Deputy City Controller EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT BILL NO. 62-18 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 2018 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets Ordinances #10499-17 and 10537-17 passed on October 23, 2017) which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2018. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. 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Jefferson Boulevard, 4th Floor Filed in C South Bend, Indiana 46601 RE: December 2018 Appropriation Ordinance–Civil City Funds NOV 19 2018 Dear President Scott, Imo---- FOWLER CITY CLE UT_.._.-- D'IN During the past several years, it has been the practice of the City of So`uffh Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2018, we plan to propose adjustments during four time periods—March, June, October and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on November 26, 2018 with 2nd reading, public hearing and 3'd reading scheduled for December 10, 2018. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7678. Regards, B:€,-.4,,,,..-”,60_,./......)r- Benjamin J. Dougherty Deputy City Controller 01/(Lip------ter' `,‘ EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT BILL NO. 63-18 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2018 OF $269,500 FROM THE GENERAL FUND (#101), $850,000 FROM RECREATION NONREVERTING (#203), $50,000 FROM GIFT/DONATION/BEQUEST FUND 217), $37,000 FROM LAW ENFORCEMENT CONTINUING EDUCATION (#220), 608,836 FROM CENTRAL SERVICES (#222), $708,000 FROM LIABILITY INSURANCE PREMIUM RESERVE (#226), $254,000 FROM LOIT 2016 SPECIAL DISTRIBUTION (#257), $9, 100 FROM HUMAN RIGHTS FEDERAL GRANT (#258), 30,500 FROM LOCAL ROAD & BRIDGE GRANT (#265), $20,000 FROM TAKE HOME VEHICLE POLICE (#278), $393,400 FROM IT/INNOVATION/311 CALL CENTER(#279), $26 FROM ECONOMIC REVENUE BOND (#281), $21,735 FROM POLICE GRANTS (#292), $2,000 FROM AIRPORT 2003 DEBT RESERVE (#315), 10,000 FROM SBCDA 2003 DEBT RESERVE(#328), $1,050,000 FROM COIT 404), $130,000 FROM PARK NONREVERTING CAPITAL(#405), $116,202 FROM CUMULATIVE CAPITAL DEVELOPMENT (#406), $783,670 FROM EDIT(#408), 665,817 FROM EQUIPMENT/VEHICLE LEASING(#750), $64,421 FROM SOUTH BEND REDEVELOPMENT AUTHORITY (#752), AND ($22,974,385) FROM EDDY STREET COMMONS CAPITAL (#759). Filed in Clerk's Office STATEMENT OF PURPOSE AND INTENT NOV 19 2018 KAREEMAH FOWLER The Common Council passed the City's 2018 operating and cw t hagE sgbtUTH BEND,IN 2017 (Ordinance#10499-17 passed on October 23, 2017), which inclRpenditures`"" for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2018 and set apart within the following designated funds for expenditures as follows: FUND Amount General Fund(#101)269,500 Recreation Nonreverting (#203) 850,000 Gift, Donation, Bequest Fund (#217) 50,000 Law Enforcement Continuing Education(#220) 37,000 Central Services (#222) 608,836 Liability Insurance Premium Reserve(#226) 708,000 BILL NO. 63-18 LOIT 2016 Special Distribution(#257) 254,000 Human Rights Federal Grant(#258)9,100 Local Road &Bridge Grant(#265)30,500 Take Home Vehicle Police(#278) 20,000 IT/Innovation/ 311 Call Center(#279)393,400 Economic Revenue Bond (#281) 26 Police Grants (#292) 21,735 Airport 2003 Debt Reserve(#315) 2,000 SBCDA 2003 Debt Reserve(#328)10,000 County Option Income Tax(#404) 1,050,000 Park Nonreverting Capital (#'05) 130,000 Cumulative Capital Development(#406) 116,202 Economic Develop Income Tax (#408) 783,670 Equipment/Vehicle Leasing(#750) 665,817 South Bend Redevelopment Authority(#752) 64,421 Eddy Street Commons Capital (#759) 22,974,385) TOTAL 16,900,178) Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2018 at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2018 at o'clock . m. Mayor, City of South Bend, Indiana 1 II d omU YQ ammmoooNdYvm0o 000 C O 0i0an O UONmcdF- jd" N2L > CO d g Nn 1,, C d mmm O c w n U O7aCn 7 ° m w O EEEo0o0Opod7m3ommdLm y ! J Nd 0 N 6E = 2LOaOaJVd o op w OL =a. aa cEcaa .888 2 8 EL2EmLd mommd c, 6 2 g d c na0mE1UO2 . EN § ,,,,5 IE °m doo EEg, e d2 co _2BEaaa pE0dv oa mL o p E NNO c c a' cdc_rcu 0 mc m &I ;.g 0 ' j m 00 n 0 a54S N 0 m9 ( TTT C mIC0 R . 2.DU° Ego ; O C m mmm0aLLLdd o• N if t2O - SCoE c0m o Y d flfl n2:5° o N N y O C m d 1 U >2 a O 7O NUtNC.cz.E00 N dN 'OydDOOO.0. 22gre500 - 250-Oo0pIS0-, NN ,EEEc m 0 "a°wEE r-- to moE 0 .' 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S m > > e0 $ c c a0 a0 a0 m m m 5t Z W L m g E m E E o aZ) m 22= = 0 m m H a E E 1 Z cc J CO 0 0 a o o m co.E 'o m m m m m'f2 0 0 m 10U0UU ...y 2 2 N N N O O O a) to O OItOpO0 .E m C C C n `) a n E-2 2 EE E 15881E,6- an r D 1 0 a) ¢tea a ¢¢ -o c c2000 0 .5O -e2 00 V ZZ o E E T.21°Q m D m o o a a a a a a a a a -c c n"a G c c c c c c c c c m m o a m N m m N y V N N N''N n N L L U U Q m O N, m' a m m mmmmmmmmm K' ''N y E CD m IY U O 0 J JJJ J J J J J QQ 0 E c z 2 a mmmmmmmmm >m >m E E c a m c aa o o g g g p y g g pp EE m UC N N 0 0 j CO m La)0 aa)) CD aa)) aa)) 0)) CD 0 CC CC 0 0ZZZ Q M O d m m0UNo C C C C C C C C C 0 0 ET a E0 E U N < m m E E E E E E E E E m m 0 0 E c u o 0 HHH - 5 aaannnaaa LL m 0 o - n E E 9 9.''S'S X 9 9 5Z pp CO 0 w a Q (0 0 0 0 a U U W W W W W W W W W W 1n u) w W 0 1200N COUNTY-CITY BUILDING SpL1'H g PHONE 574/ 235-9217 227 W.JEFFERSON BLVD. l FAX 574/ 235-9928 SOUTH BEND, INDIANA 46601-1830 M •':.::,;- i/ A: Ly" , J x x 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 19, 2018 Mr. Tim Scott, President Filed in Clerk's Office City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor NOV 1 9SouthBend, Indiana 46601 2018 RE: December 2018 Appropriation Ordinance— Enterprise Funds KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN Dear President Scott, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2018, we plan to propose adjustments during four time periods—March, June, October and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on November 26, 2018 with 2nd reading, public hearing and 3rd reading scheduled for December 10, 2018. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-7678. Regards, 9 Benjamin J. Dougherty Deputy City Controller EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT BILL NO. 64-18 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2018 OF $157,435 FROM CONSOLIDATED BUILDING FUND (#600), $190,000 FROM SOLID WASTE OPERATIONS (#610), $12,000 FROM WATER WORKS CUSTOMER DEPOSIT 624), $8,000 FROM WATER WORKS DEBT SERVICE (#625), $10,000 FROM WATER WORKS BOND RESERVE (#626), $25,000 FROM WATER WORKS O&M RESERVE (#629), $6,600 FROM SEWAGE WORKS OPERATING (#641), AND 55,000 FROM SEWAGE WORKS O&M RESERVE (#643). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2018 operating and capital budgets in 2017 (Ordinance#10537-17 passed on October 23, 2017), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2018 and set apart within the following designated funds for operational expenses as follows: FUND Amount Consolidated Building Fund(#600) 157,435 Filed in Clerk's Office Solid Waste Operations (#610) 190,000 Water Works Customer Deposit(#624)12,000 NOV 19 2018 Water Works Debt Service(#625) 8,000 KAREEMAH FOWLER Water Works Bond Reserve(#626) 10,000 CITY CLERK,SOUTH BEND,IN Water Works O&M Reserve (#629) 25,000 Sewage Works Operating(#641) 6,600 Sewage Works O&M Reserve(#643) 55,000 TOTAL S464,035 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2018, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of 2018, at o'clock . m. 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Q' C gm g m O E (n(n CC N g a) Z O O -O N N N O 0 0 C O c CO CO CO m n 0 0 m 0 N N N U p U Y Y Y E Y Y O OLLrdd5C t0 t0 t0 c0 N O O O O O 3 3 N O E o 0 o m 3 33 3 3 a, a a 5 Co To N 0 N 0 U) N a) U) N 10 i:m C C C C 3 0 o U 0 0 0 En 3 3 3 3 3 (n (i) M CO CO a0 0 N R CITY OF SOUTH BEND VENUES PARKS 8 ARTS PETEBUTTIGIEG AARON PERRI November 19, 2018 Filed in Clerk's Office Mr.Tim Scott, President South Bend Common Council NOV 19 2018 J4thFloorCounty-City Building KAREEMAH FOWLERSouthBendIN46601 CITY CLERK, SOUTH BEND,IN RE: VPA Non-Reverting Funds Clean-up Ordinance Dear President Scott, Attached is AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING SECTIONS 2- 169, 2-170.2, 2-170.3, 2-170.4,2-170.5, AND 2-170.6, WHICH ESTABLISHED VARIOUS SPECIAL FUNDS ASSOCIATED WITH THE VENUES, PARKS,AND ARTS DEPARTMENT. As discussed during this past budget season,the Venues Parks &Arts Department has undertaken efforts to merge several funds into one. Operationally, this effort better aligns with the way the department has functioned over the past decade. It also allows for a more simplified budgeting and accounting process while presenting a more transparent and comprehensive look at the department's finances. All fund balances will be transferred to Fund 201 and will remain available for capital improvements as intended. Newly generated capital reserves will continue to accumulate as normal, however, they will remain as a non-reverting cash balance within Fund 201. This consolidation was already unanimously approved by Council as part of the October 8, 2018 budget approval. The ordinance before you is necessary to clean up the previously established Non-Reverting Funds. Thank you for your consideration. VPA fiscal officer, Ken Glowacki,will be on hand to discuss this matter at the pertinent committee and council meetings. Respectfully, 1 I Aaro Perri Executive Director, VPA 11:NF. rvrrl I FN('F I AC((lI II\ITARII ITV I IMIMInVATI(lMV I MCI I IG(lnl I FKAPCMA/FRNAPNIT BILL NO. 65-18 Filed in Clerk's Office BILL NO. 65-18 NOV 1 9 2018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 2, ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING SECTIONS 2-169,2-170.2,2-170.3, 2-170.4,2-170.5, AND 2-170.6, WHICH ESTABLISHED VARIOUS SPECIAL FUNDS ASSOCIATED WITH THE VENUES, PARKS,AND ARTS DEPARTMENT STATEMENT OF PURPOSE AND INTENT The South Bend Common Council passed Ordinance Nos. 7886-88, 8329-92, 8450-93,and 8750-97 for the purpose of establishing certain non-reverting funds associated with capital improvements and directed revenue expenditures for various facilities maintained by the Venues, Parks, and Arts Department ("VPA"), formerly known as the Public Parks Department. Specifically, Ordinance No. 7886-88 established the East Race Waterway Promotional and Development Fund (Sec. 2-169); Ordinance No. 8329-92 established the Potawatomi Zoo Nonreverting Capital Improvement Fund (Sec. 2-170.2), Municipal Golf Courses Nonreverting Capital Improvement Fund(Sec. 2-170.3), and the Park and Picnic Facilities Nonreverting Capital Improvement Fund (Sec. 2-170.4); Ordinance No. 8450-93 established the Howard Park Ice Rink Nonreverting Capital Improvement Fund (Sec. 2-170.5); and Ordinance No. 8750-97 established the Recreation Department Nonreverting Fund (Sec. 2-170.6). Following a presentation by the Administration and Finance Department in anticipation of the Common Council's deliberations on the City's 2019 budget, the Common Council has determined that these decades-old, non-reverting funds are unnecessary from a budgetary perspective, adding only a needless level of complexity to the City's accounting and budget process. Instead, the monies received by and held in these funds will be more efficiently maintained for ongoing City operations if combined into the general Parks & Recreation Fund No. 201), which will allow for clearer accounting and budgeting for staff and stakeholders. Within the City's financial structure, Fund 203 Recreation Non-Reverting and Fund 405 Park Non-Reverting Capital will be retired and the balances transferred to Fund 201 Parks & Recreation. Fund 201 will continue to support capital improvements, and this change will have no detrimental effect on the levels of service provided at the various facilities maintained by VPA. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Ordinance No. 7886-88, passed by the Common Council on July 11, 1988; Ordinance No. 8329-92, passed by the Common Council on December 14, 1992; Ordinance No. 8450-93, passed by the Common Council on December 13, 1993; and Ordinance No. 8750-97, passed by the Common Council on January 13, 1997, are hereby repealed in their entirety. BILL NO. 65-18 Section II. Chapter 2, Article 14, Section 2-169, of the South Bend Municipal Code shall be deleted in its entirety and reserved for future use. Section III. Chapter 2, Article 14, Section 2-170.2, of the South Bend Municipal Code shall be deleted in its entirety and reserved for future use. Section IV. Chapter 2, Article 14, Section 2-170.3, of the South Bend Municipal Code shall be deleted in its entirety and reserved for future use. Section V. Chapter 2,Article 14, Section 2-170.4,of the South Bend Municipal Code shall be deleted in its entirety and reserved for future use. Section VI. Chapter 2, Article 14, Section 2-170.5, of the South Bend Municipal Code shall be deleted in its entirety and reserved for future use. Section VII. Chapter 2, Article 14, Section 2-170.6, of the South Bend Municipal Code shall be deleted in its entirety and reserved for future use. Section VIII. This Ordinance shall be in full force and effect after its adoption by the Common Council, approval by the Mayor, and any publication required by law. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana THg1200NCOUNTYCITYBUILDING3 % + PHONE 574/ 235-9822 227 W.JEFFERSON BLVD. 1 FAX 574/ 235-9928 SOUTH BEND, INDIANA 46601-1830 L \\---------7z-:;tri. a.- 186'518ti CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 19, 2018 Filed in Clerk's Office Mr. Tim Scott, President City of South Bend Common Council NOV .Z_C.) 1018 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 KAREEMAM FOYtii ER Re: Cemetery fund-related ordinance CITY CLERK, o=)i-I SEND, IN Dear President Scott, In the course of pursuing a more efficient means to handle the funds dedicated to the City-owned Bowman Cemetery, the City has identified an opportunity for improving and clarifying the South Bend Municipal Code's provisions concerning the administration and maintenance of both Bowman Cemetery and City Cemetery. The proposed ordinance enclosed will provide for the separate accounting of funds for each cemetery and otherwise clarify the provisions concerning maintenance of the cemeteries and lots within the cemeteries. I respectfully request that this bill be accepted for first reading on November 26, 2018, and second reading, public hearing, and third reading on December 10, 2018. I will present this bill to the Common Council at the committee and Council meetings. Thank you for your attention to this request. Please feel free to contact me at 235-7678 with any questions. Sincerely, g t Benjamin J. Dougherty Deputy City Controller id 41—16. 14. 111.4144/1141111.(11111eNt 4i1. 111.1.' nil" Its EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION -tEMPOWERMENT BILL NO. 66-18 Filed in Clerk's Office NOV 2 0 2018 BILL NO. 66-18 KAREEMAH FOWLER CITYCLERK,SOUTH BEND,IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,ARTICLE 12 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE ADMINISTRATION AND MAINTENANCE OF PUBLIC CEMETERIES IN THE CITY OF SOUTH BEND,AND AMENDING CHAPTER 2,ARTICLE 14 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH SPECIAL FUNDS FOR THE PERMANENT MAINTENANCE OF CITY- OWNED CEMETERIES STATEMENT OF PURPOSE AND INTENT Following the recent, court-ordered termination of a perpetual care fund trust established by the Bowman Cemetery Association in 1939, and the transfer of the trust's corpus to the City for the perpetual care and maintenance of the Bowman Cemetery, the City has identified the need to update its Municipal Code with respect to the administration and perpetual maintenance of both City-owned cemeteries: the South Bend City Cemetery and the Bowman Cemetery. The purpose of this ordinance is to align the City's laws regarding its public cemeteries with Indiana's state law governing city and town cemeteries, set forth in Ind. Code 23-14-65, and to identify more clearly the City's maintenance obligations regarding its cemeteries and the individual lots contained therein. This ordinance establishes a separate permanent maintenance fund for each City-owned cemetery,which shall be accessed and used by the Board of Public Works,subject to appropriation by the South Bend Common Council. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Section I. Chapter 2, Article 12 of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 2-138. Board of Public Works administration. a) The Board of Public Works shall control and manage all public cemeteries owned by the City and located within five(5)miles of the City. b) The Board of Public Works shall be generally governed by and shall have all powers and duties prescribed by Ind. Code 23-14-65 - City and Town Cemeteries, as amended or recodified. BILL NO. 66-18 Sec. 2-139. Permanent maintenance funds. a) Separate permanent maintenance funds are established for the purpose of providing for the perpetual care and maintenance of each City-owned cemetery. b) Each permanent maintenance fund established under this section shall be controlled and directed by the Board of Public Works, subject to appropriations approved by the Common Council. c) The Board of Public Works shall not accept less than two dollars($2.00)per square foot as proceeds derived from the sale of lots within any City-owned cemetery. d) Part of the proceeds derived from the sale of lots within a City-owned cemetery, but no greater than fifty percent(50%) of such proceeds, may be directed into each respective permanent maintenance fund established under this section. e) Income from a permanent maintenance fund established under this section shall remain in the fund,but may be used,in whole or in part,as the needs of the cemetery require, if the revenue from the sale of lots and other income generated by a City- owned cemetery becomes insufficient to meet the expense of maintaining the cemetery. Sec. 2-140. Maintenance and care of particular burial lots or plots of ground. a) If a gift, donation,bequest, or devise of money or real or personal property is given or made for the use of a particular lot or plot of ground, the income from the gift, donation, bequest, or devise maybe used only for the maintenance and care of that particular lot or plot of ground. b) The Board of Public Works shall not assume liability for the preservation of the whole or any part of the principal received for the maintenance and care of a particular lot or plot of ground. c) The Board of Public Works shall not be obligated to expend for the maintenance and care of any particular lot or plot of ground in excess of the income earned and received from the legal investment of the principal. Sec. 2-141. Enlargement or extension of burial grounds in City-owned cemeteries. a) No person shall enlarge or extend any burial ground in a City-owned cemetery except in compliance with this section. b) Any person wishing to enlarge or extend any burial ground in a City-owned cemetery shall file with the Board of Public Works a petition setting forth the request and including an accurate description of the land constituting such enlargement or extension. c) The Board of Public Works shall indicate its approval of such a petition by written resolution, which shall include the specific description of ground to be enlarged or extended. d) No body may be buried in any enlargement or extension of burial ground in a City- owned cemetery prior to the approval of the Board of Public Works. Sec. 2-142. Rules of conduct for City-owned cemeteries. a) Any City personnel authorized by the Board of Public Works to enforce the rules and regulations of City-owned cemeteries may expel from a City-owned cemetery anyone who violates the rules of conduct under this section. Expulsion of a violator shall not preclude a subsequent prosecution for ordinance violation. b) The following conduct is prohibited in all City-owned cemeteries: 1) Driving a vehicle faster than fifteen (15)miles per hour; 2) Taking or removing any flower, tree, or shrub; 3) Defacing, disfiguring, or injuring any monument, fence, or other structure within the cemetery, though this subsection shall not prevent the alteration or removal of any structure or monument on a private lot or grave by persons so authorized; 4) Discharging firearms, except at military funerals and memorial celebrations; 5) Sitting upon, walking on, or otherwise occupying any private lot unless so authorized; 6) Using a City-owned cemetery for any purpose other than as a burying ground; 7) Committing any nuisance; and 8) Any other conduct prohibited by federal, state, or local law, or by the particular rules or regulations of any City-owned cemetery. Section II. Chapter 2, Article 14 of the South Bend Municipal Code is amended to add Sections 2-170.35 and 2-170.36, which shall read in their entirety as follows: Sec. 2-170.36. South Bend City Cemetery Permanent Maintenance Fund. The South Bend City Cemetery Permanent Maintenance Fund (No. 730) is established to provide for the perpetual care and maintenance of the South Bend City Cemetery, in accordance with Article 12, Sec. 2-139 of this Chapter of the South Bend Municipal Code. Sec. 2-170.37. Bowman Cemetery Permanent Maintenance Fund. The Bowman Cemetery Permanent Maintenance Fund (No. 731) is established to provide for the perpetual care and maintenance of the Bowman Cemetery, in accordance with Article 12, Sec. 2-139 of this Chapter of the South Bend Municipal Code. Section III. The terms and provisions of this Ordinance are hereby determined to be severable; the invalidity or unenforceability of any section, sentence, clause, term, or provision of this Ordinance shall not affect the validity of any other section,sentence,clause,term, or provision of this Ordinance which can be given meaning without such invalid part or parts. Section IV. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of January 1, 2019. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana I,,„„ IIIMN 4'-pUT1Y- s City of South BendO41d=574 235- 9321 Fax(574) 235-9173 1DD(574)235-5567 PEACE a : Common Councilt .r a2r,;. http://www.southbendin.gov e r-n. 441 County-City Building • 227 W. Jefferson Blvd 865 South Bend,Indiana 46601 Filed in Clerk's Office DEC 052018 Tim Scott Dear President Scott and Common Council Members, President KAREEMAH FOWLER CITY CLERK,SOUTH BEND, INOliverDavis Vice President Please see the resolution that is being filed regarding Weather Amnesty in South Bend, Indiana. Gavin Ferlic Chairperson,Committee of the Whole Tim Scott We Thank You for your consideration, First District Regina Williams-Preston Second District Sharon L.McBride Third District Jo M. Broden Oli,7;7 iavis, 6th Dis,6 t o r Fourth District Vice-P esident, Common Council Jake Teshka 6it. Fifth District Oliver Davis Jo Broden,4th District Council Member Sixth District Comm cil Gavin Ferlic e—'t-e--n_ --/e---; At Large Karen.White,At emberCouncilLargere John Voorde Common Council At Large Karen White At Large BILL NO. 18-74 Filed in Clerk's Office BILL NO. 18-74 DEC052018 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK, SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA CALLING FOR THE CONTINUED PROVISION OF TEMPORARY SHELTER AND PROTECTION FROM SEVERE WEATHER CONDITIONS IN THE CITY OF SOUTH BEND,INDIANA Of‘wasi,the South Bend Common Council's mission statement is to make certain that our city government is always responsive to the needs of our residents and that the betterment of South Bend is always our highest priority; and O this Common Council is committed to protecting its residents from life-threatening weather conditions which periodically occur in our city because all of our brothers and sisters are entitled to be treated with dignity and assisting helping our residents with these type of housing needs is a shared responsibility between the individual and the government; and ilirwmg4 the St. Joseph County Region 2a Homeless Regional Planning Council, representing service providers and others, has recognized that issues involving the homeless require the partnership of both private and public entities to solve; and 91r, on October 22, 2018, the South Bend Common Council unanimously voted to re-zone the former Cutting Tools, Inc. building at 121 E. Tutt Street from light industrial to mixed use in order that it can be used as a Weather Amnesty Shelter starting on November 1, 2018, and operating to April 1, 2019; and the Center for the Homeless in South Bend, Indiana has had 10 to 15 men in for winter amnesty since the start of November, according to Executive Director Steve Camilleri, who also stated that"a maximum of 15 occupants is limited by an occupancy permit;"and G in prior years before 2018, Life Treatment Centers, Inc.,has provided weather amnesty services for women in the City of South Bend, Indiana,but are no longer providing those services; and O in the year of 2017,the previous weather amnesty site, which was the former Kraz Construction Building at 211 W. Monroe St., was also late in meeting the weather amnesty starting date of November 1, 2017, as it opened its doors on Dec. 1. 2017; and there was an unacceptable delay in opening a weather amnesty shelter this year until November 29, 2018, despite previous conditions of snow, freezing rain and temperatures falling into the teens as early as November 10, 2018; and O 4 the problem of homelessness is very difficult to resolve, but a private and public partnership to provide emergency shelters to protect lives during severe weather conditions does not require the same comprehensive solution as does the problem of homelessness; and Ofi.4 the function of a Resolution is to express the policy and/or intent of the Common Council. ora, grereAra le a r tile Amman ((3a aizeitrize 9f grand indianati a6Jri/loaki: BILL NO. 18-74 Section I. The City of South Bend will immediately enact standards by which"severe weather" is defined; Section II. The City of South Bend will identify, maintain and make known to its residents, places of shelter during severe weather, whether that weather be the result of heat,heat index, cold,wind chill or other life threating conditions such as tornadoes. Section III. The City of South Bend will ensure that the local and state weather amnesty homeless shelter fire and building code inspections, occupancy permit requirements, and all construction design work for the project will be enacted in a timely manner in order for the shelter to meet the weather amnesty start date that will be defined by the City of South Bend. Section IV: That our local governments, including the City of South Bend, the City of Mishawaka, the St. Joseph County Council, the St. Joseph County Commissioners, and the local public schools come together in the year of 2019 to plan solutions for homeless populations. Section V: That all community partners who are reimbursed by the City of South Bend for the construction, leasing costs and any other fees which are associated with operating the weather amnesty program in the City of South Bend meet the expected timelines to commence the start and ending dates of the weather amnesty program. Tim Scott, Council President South Bend Common Council 451.3TII 6 STE.STE. 1400 S.COUNTY-CITY BUILDINGPHONE 574.235.5912 227 W. JEFFERSON BOULEVARD Fax 574.235.9021 SOUTH BEND,INDIANA 46601-1830 w y TDD 574.235.5567 PEACE x • x 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF COMMUNITY INVESTMENT MICHELLE ADAMS BUSINESS LICENSE ADMINISTRATOR MADAMS@SOUTHBENDIN.GOV 1 December 4, 2018 Filed in Clerk's Office Mr. Tim Scott DEC 04 2018 South Bend Common Council 4th Floor, County City Building KAREEMAH FOWLER South Bend, IN 46601 CITY CLERK,SOUTH BEND, IN Re: Ordinance to Amend the South Bend Municipal Code at Chapter 13, Article 11, Sections 13-126 and 13-127 Addressing Tattoo Practitioner&Premises Licensing Dear Council President Scott: Attached for filing with the Common Council is a bill to amend the Tattoo Practitioner and Premises licenses at the above Sections of the South Bend Municipal Code. These requested amendments grew out of the recent,required rejection of an otherwise deserving applicant for such permits due to a criminal matter which had occurred many years before the license application. The proposed Code changes, which delete conviction of a felony or a drug or alcohol violation as an automatic basis to deny a tattoo practitioner or premises license, are also consistent with the recent trend toward rejecting hard and fast rules that exclude persons from employment due solely to past criminal convictions. Recent data show that this can unfairly deprive persons who may have had criminal convictions followed by many years of law abiding conduct from privileges granted to others, and that it adversely impacts African Americans and Hispanic persons. These restrictions do not appear in any of South Bend's licensing requirements for arborist and tree removal, automotive repair, and peddlers. I will present this ordinance to the Council at its Committee and regular meetings on January 14, 2019, and I may be accompanied by an attorney in the City's Legal Department. Thank you for consideration of this ordinance. Sincerely, l" Irl Michelle Adams Business License Administrator BILL NO. 67-18 Filed in Clerk's Office Bill NO. 67-18 DEC 04 2018 KAREEMAH FOWLER ORDINANCE NO. CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ONE SUB-PART EACH OF SECTIONS 13-126 AND 13-127, CHAPTER 13,ARTICLE 11 OF THE SOUTH BEND MUNICPAL CODE, BY REMOVING CERTAIN RESTRICTIONS ON TATTOO PRACTITIONER AND PREMISES LICENSING STATEMENT OF PURPOSE AND INTENT The current version of the tattoo practitioner and tattoo premises licensing regulations at South Bend Municipal Code Chapter 13, Article 11, Sections 13-126 and 13-127 each contain prohibitions upon issuing permits to persons who have been"convicted of a felony"or who have been convicted of drug or alcohol violations." These restrictions have the effect of forever barring certain persons who have led a crime free life for many years from making a gainful living, or whose felony or drug/alcohol related criminal convictions may have little relevance to the specialized practice of tattoo making. These types of outright restrictions do not apply to City licenses issued to restaurants, arborist and tree removal, automotive repair, and peddlers. The City of Mishawaka, Indiana, removed these criminal conviction restrictions from their tattoo practice license on April 3, 2017. Moreover, the Equal Employment Opportunities Commission(EEOC) in 2012 issued a Guidance for Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, No. 915.002 4/25/2012. That Guidance states that outright bans for all felony convictions may be discriminatory because they have an adverse impact upon African Americans and Hispanic persons whose rate of incarceration, particularly for drug related offenses, is much higher than for the general population and may reflect institutional factors of discrimination. It is in the best interest of the City of South Bend to amend the South Bend Municipal Code for the above stated reasons. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 13, Article 11, Section 13-126 shall be amended at sub-part (c) to read as follows: c) No applicant for a practitioner's license shall be issued such license if he or she: 1) Has not met the minimal training and education requirements in order to be considered for a practitioner's license with the lack thereof being considered an inability. 2) Has been convicted of a felony. 4) Has been determined by a licensed medical physician to be mentally incompetent. 1() Has failed to meet the applicable regulations of this Article. SECTION II. Chapter 13, Article 11, Section 13-127 shall be amended at sub-part (a) 11) to read as follows: a) A person or entity who desires to have a place of business which will provide any services regulated by this Article shall apply for a license from the Office of the City Controller on forms provided from said office. Said application shall contain the following: 11) Listing of all persons who will provide services at the place of business, including the name, address, telephone number, Practitioner's License Number, and verifying that each person: i) Has met the minimal training and education requirements in order to be considered for a premise's premises license with the lack thereof being considered an inability. ii) Has not been convicted of a felony. iv) (ii) Has not been determined by a licensed medical physician to be mentally incompetent. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor,retroactive to January 1, 2018. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana 1200 COUNTY-CITY BUILDING oL_TN PHONE 574/ 235-9241 227 W.JEFFERSON BOULEVARD o e o FAX 574/235-7670 SOUTH BEND,INDIANA 46601-1830 TTY 574/235-5567 u d h:'' PEACE 1865 CITY OF SOUTH BEND PETE BU FIGIEG,MAYOR DEPARTMENT OF LAW STEPHANIE STEELE ALADEAN M.DEROSE CORPORATION COUNSEL QTY ATTORNEY December 4,2018 Filed in Clerk's Office Mr.Tim Scott DEC 04 2018 Southend Common Council K`REEA FOWLERPresidentL_E_R CITY CLERK,SOUTH BEND,INFourthFloor,County City Building South Bend,IN 46601 Re: An Ordinance Approving Update to ADA Transition Plan of 2013 and Title VI Plan: Non-discrimination in City Services,Programs &Activities under the Civil Rights Act of 1964 Dear Council President Scott: The attached bill for filing with the Common Council concerns the City's duties under federal law, i.e., the federal Americans with Disabilities Act(ADA)which assures accessibility to disabled persons in City buildings and pedestrian facilities, and Title VI of the Civil Rights Act of 1964 prohibiting discrimination in city services programs and activities against certain persons based on types of status. In 2013 this Council passed the City's ADA Transition Plan to remove pedestrian barriers in the City's right of way Ord.No. 10219-13),and the attached ordinance contains an update to that Transition Plan. It also includes the City's Plan for non-discrimination in City services,programs and activities under the Civil Rights Act of 1964. The Plan which is the subject of this ordinance (Exhibit A) is the result of many programs and initiatives already commenced by the City such as the City's Human Rights Ordinance,amended in 2012 to include sexual orientation and gender identification(Ord.No. 10154-12); the Minority and Women Business Enterprise Diversity Development Program legislation of 2011 (Chapter 14.5,South Bend Municipal Code Ord.No. 10081-11)followed by the Mayor's appointment of a City Diversity and Inclusion Officer and enactment of the City's Diversity&Inclusion Plan of 2016. It is also a product of certain federal requirements imposed on American cities receiving Federal highway and other program dollars. I will present this ordinance to the Common Council at the appropriate Committee and public meeting in January2019. Thank you for your assistance. We look forward to working with the Council in the adoption of this ordinance. Sincerely, an DeRose,City Attorney ELLIOT A.ANDERSON SANDRA KENNEDY THOMAS PANOWICZ ASHLEY MILLS COLBORN CLARA MC DANIELS DANIELLE WEISS BILL NO. 68-18 Filed in Clerk's Office Bill NO. 68-18 DEC 04 201E ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING THE CITY OF SOUTH BEND'S UPTDATES TO THE CITY'S 2013 ADA PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY AND ITS TITLE VI PLAN FOR NON-DISCRIMINATION IN CITY SERVICES, PROGRAMS AND ACTIVITIES UNDER THE CIVIL RIGHTS ACT OF 1964 STATEMENT OF PURPOSE AND INTENT In 1990 Congress enacted the Americans with Disabilities Act(ADA)which,among other things,requires that municipalities throughout the United States adopt standards to improve access and remove barriers for disabled persons in their use of public facilities and governmental services. In addition to the ADA, local government is subject to the requirements of Title VI of the Civil Rights Act of 1964 that "no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." The protection under Title VI has been expanded by South Bend policy and law, and by State and federal laws to include age, gender, sexual orientation, gender identification, military status, national origin, English proficiency, and income status. On January 28, 2013 this Council approved the City's ADA Transition Plan which identified those sidewalks and curb cuts having priority for ADA upgrade(Ordinance No. 10219- 13). The City of South Bend, Indiana, has advanced these objectives through an aggressive sidewalk and curb cut replacement program. These included sidewalks and curb cuts in downtown South Bend serving public service and commercial buildings which were upgraded as part of the Smart Streets Program. It has replaced sidewalks in neighborhoods through a public/private improvement plan over the past several years and intends to continue doing so under the terms of the ADA Transition Plan. The combined update to the City's Transition Plan approved January 28, 2013 and the City's Title VI Plan: Non-Discrimination in City Services, Programs &Activities Under the Civil Rights Act of 1964 is attached hereto and incorporated herein as Exhibit A for approval by this Council. The City's updates to and report of ADA accessibility improvements made since the original Transition Plan was approved is contained in Exhibit A at pages 3 through 10. The City's Title VI Plan for non-discrimination in City services, programs and activities reflects the diversity of the City's population and the vision of the Common Council and City administration for a truly diverse and inclusive city as exemplified by the City's Human Rights BILL NO. 68-18 Ordinance, amended in 2012 to include sexual orientation and gender identification (Ord. No. 10154-12); the Minority and Women Business Enterprise Diversity Development Program legislation of 2011 (Chapter 14.5, South Bend Municipal Code Ord. No. 10081-11) followed by the Mayor's appointment of a City Diversity and Inclusion Officer and enactment of the City's Diversity& Inclusion Plan of 2016. The City's Title VI Plan was reviewed by the State Department of Transportation compliance officer earlier this year and found to meet federal requirements. . This Update to the City's ADA Transition Plan of 2013 and Title VI Plan for Non- Discrimination in City Services, Programs & Activities has been the subject of public hearing by the Board of Public Works at a meeting held January 10, 2019 as to which notice was properly published in the South Bend Tribune. The Transition Plan has also been posted on the City of South Bend's website for the past 30 days prior to this date along with the form for public comment, and a copy has been made available at the downtown branch of the St. Joseph County Library and at the office of the South Bend City Clerk. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. The Updates to South Bend's 2013 Americans with Disabilities Act (ADA) Transition Plan for the City of South Bend, Indiana, which is the first section of Exhibit "A" attached hereto and incorporated herein is hereby adopted and approved. Section II. The City of South Bend's Title VI Plan under the Civil Rights Act of 1964, which is the final section of Exhibit "A," beginning at page 11, attached hereto and incorporated herein is hereby adopted and approved. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana Activities u the Civil Right. BILL NO. 68-18 TABLE OF CONTENTS INTRODUCTION AND OVERVIEW 3 THE ORIGINAL ADA TRANSITION PLAN 3 PUBLIC BUILDINGS AND FACILITIES IN WHICH CITY SERVICES, PROGRAMS,AND ACTIVITIES OCCUR 4 THE SELF EVALUATION PROCESS FOR BUILDINGS,SERVICES, PROGRAMS,AND ACTIVITIES 4 PRIORITIZATION IN REMOVING BARRIERS TO ACCESSIBILITY IN EXISTING BUILDINGS AND FACILITIES6 IMPLEMENTATION SCHEDULE 7 NEW CONSTRUCTION AND ALTERATION 7 CITY-OWNED PARKING FACILITIES 8 CITY PARKING FACILITIES:ASSESSMENT&ADA COMPLIANCE 8 TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: PLAN FOR NON-DISCRIMINATION AND ACCESSIBILITY OF SOUTH BEND SERVICES, PROGRAMS,AND ACTIVITIES INDEPENDENT OF BUILDINGS AND FACILITIES 11 SOUTH BEND'S DIVERSITY AND INCLUSION PLAN 13 SOUTH BEND HUMAN RIGHTS COMMISSION 13 LIMITED ENGLISH PROFICIENCY(LEP) 14 LANGUAGE ASSISTANCE MEASURES AND CONTINUED PLAN FOR LEP ACCESS 14 CITY PROGRAMS USING FEDERAL FINANCIAL ASSISTANCE 15 GRIEVANCE PROCESS AND PROCEDURE 16 ENVIRONMENTAL JUSTICE 17 ONGOING MONITORING AND UPDATING 18 ATTACHMENT 1: PROGRESS UPDATE ON CITY PEDESTRIAN FACILITIES IN PUBLIC RIGHT OF WAY ATTACHMENT 2:ADA COMPLIANCE CHECKLIST USED IN CITY ASSESSMENT ATTACHMENT 3: SUMMARY OF CITY FACILITIES SELF-EVALUATION ATTACHMENT 4-A:TITLE VI VOLUNTARY PUBLIC INVOLVEMENT SURVEY FORM (ENGLISH) ATTACHMENT 4-B:TITLE VI VOLUNTARY PUBLIC INVOLVEMENT SURVEY FORM (SPANISH) ATTACHMENT 5: I-SPEAK CARDS ATTACHMENT 6: CONTRACT ASSURANCES UNDER TITLE VI ATTACHMENT 7: CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY ATTACHMENT 8: CLAUSES FOR REAL PROPERTY ACQUIRED OR IMPROVED UNDER PROGRAM ATTACHMENT 9: CITY GRIEVANCE POLICY ATTACHMENT 10: CITY GRIEVANCE FORM Page 12 CITY OF SOUTH BEND UPDATE TO AMERICANS WITH DISABILITIES ACT(ADA)TRANSITION PLAN OF 2013 AND PLAN FOR NON-DISCRIMINATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, INCLUDING A LIMITED ENGLISH PROFICIENCY PLAN AND ENVIRONMENTAL JUSTICE PLAN INTRODUCTION AND OVERVIEW The Original ADA Transition Plan On January 28,2013,the South Bend Common Council approved South Bend's"Transition Plan: Pedestrian Facilities in the Public Right of Way." This Transition Plan was preceded by an inventory and self-evaluation of all City street intersections to learn if pedestrian sidewalks, curbs, and curb ramps within the City are accessible to persons with disabilities as prescribed by Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1963, and other laws. That preliminary inventory and self-evaluation was updated in 2015 by a more comprehensive inspection of City sidewalks, curbs, and curb ramps. Barriers to accessibility were identified and the City's intersections were categorized by points and by letter grade of A through E, with A being the most accessible and E being the least accessible. Each intersection was also identified by numbers 1, 2 or 3 signifying location priority as follows: 1. Intersections serving government facilities, 2. Intersections serving commercial and employment centers; and 3. Intersections serving other areas. Using the above priority indicators, the Transition Plan of 2013, included a Schedule for improvements to South Bend intersections and a pledge that for any intersection improvement project or new construction project the City will rebuild all affected curb ramps, sidewalks, and crosswalks to ADA design guidelines, wherever feasible and reasonable. (Transition Plan 2013, page 5). Since 2013, substantial improvement to the City's main arteries has occurred. Western Avenue and Lincolnway West, two major western corridors through South Bend,the downtown South Bend area, and the East Bank area of South Bend have all enjoyed major streetscape Page 13 renewal, including substantial areas of new sidewalk, curb ramps and crosswalks constructed to ADA standard. The Smarts Streets Project affecting the north south main arteries of South Bend was also completed, resulting in miles of pedestrian accessibility through areas of commercial sites and government facilities. Two Safe Routes to Schools projects replaced curb ramps and sidewalks in the vicinity of Harrison and Coquillard Schools.These are primary schools located on the west side of the City, which is the residential area having the highest minority population African American and Latino) within the City. The City's further progress to date in improving City intersections under the City's 2013 Transition Plan priority system is set out more fully in Attachment 1. At the time the Transition Plan of 2013 was adopted, the City Administration affirmed that a similar plan (under Title VI of the Civil Rights Act of 1964) would be prepared for City buildings and facilities in which City services, programs and activities for South Bend's citizens take place. This document constitutes the Supplement to the City's 2013 Transition Plan for City buildings and facilities as well as the Title VI Plan for accessibility of South Bend services, programs and activities distinct from the building or facility in which the program or activity occurs. Also included in this document are South Bend's Limited English Proficiency Plan and its Environmental Justice Plan. PUBLIC BUILDINGS AND FACILITIES IN WHICH CITY SERVICES, PROGRAMS, AND ACTIVITIES OCCUR The Self Evaluation Process for Buildings, Services, Programs, and Activities When the Transition Plan for pedestrian right-of-way was adopted in 2013, the City also had been working on a self-evaluation of existing City buildings and facilities in which City services, programs, and activities take place.This self-evaluation was done to review accessibility both under Title II of the ADA and Title VI of the Civil Rights Act of 1964. Each City building or facility manager was sent a detailed, fifteen (15) page checklist, developed and recommended by the Adaptive Environments Center, Inc. for the National Institute on Disability and Rehabilitation Research (Form included as Attachment 2). Every building or facility where a City service, program or activity is conducted was personally inspected, measured where appropriate, and evaluated according to checklist criteria. The specific design and function elements inspected for ADA accessibility and usability purposes included but were not limited to: Page 1 4 Entrance doorways, walkways, interior doors—handles (5 lb. maximum force to open-- one hand test), rails, dimensions for wheel chair access, clearance, distance from parking, ramps (1:12 slope ratio); proximity to site arrival point and to exterior Parking lots—number of spaces for handicapped persons and distance from building or facility (at least one accessible space per 25 total spaces); width, slope, and signage Floors—materials, slope, and dimensions for ease of passage Service Desks—height, usability Elevators—button placement, dimensions Signage –height (60 inches from floor), readability, print dimensions, clarity of information Controls—height, ease of use Restrooms—stalls, lavatories, height and distance from door swing,sinks—height,depth, apron height, knee clearance; grab bars; dispenser placement; ease of use Drinking Fountains—Height, depth, apron height, knee clearance Seats, Tables & Counters—movement between aisles, equal accessibility during public meetings, wheelchair space distribution throughout, table dimensions (between 26-34" high) Stairs—non-slip surface and continuous side rail Emergency Signs—Sight and sound alert For purposes of this self-evaluation process,the term public facility may refer to either a public building, public park, parking area, or any other place where a City service, program, or activity takes place regularly or occasionally. The building and facility evaluation process was completed in 2015, and South Bend will continue to monitor and evaluate its buildings and facilities as part of its commitment to full accessibility. The City's evaluation of its buildings and facilities was done using the following general categories, each of which category included a number of specific buildings and facilities: PUBLIC WORKS AND RELATED FACILITIES (Includes all public utility offices and facilities, Central Services Building, Human Rights Commission office, County-City Building, Animal Control Facility, City-owned Parking garages). PUBLIC ARTS&ENTERTAINMENT FACILITIES(Includes Century Center, Morris Performing Arts Center, Palais Royale). PUBLIC PARKS (Includes City golf courses Elbel, Erskine, Studebaker, and accessory buildings, Four Winds Baseball facility, Leeper Park Tennis Courts, Howard Park(currently under construction), Kennedy Park Baseball Diamond and Pool,Charles Black Recreation Center, Potawatomi Conservatory, Pool,Zoo, Martin Luther King Center, Newman Center, Page 15 O'Brien Fitness Center, Pinhook Pavilion, Rum Village Nature Center, and numerous parkland areas). PUBLIC SAFETY FACILITIES (Central Fire Station and Stations 1 through 11, Fire Training Center, Police Department building). A summary of those findings from 2015 indicating ADA barriers within existing City buildings and facilities is attached as Attachment#3, and the completed self-evaluation form for each building or facility can be inspected in the City's Department of Public Works, 13th Floor, County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana. The ADA Barriers identified in Attachment 3 are based upon four priorities for accessible buildings, facilities, services and programs, under the relevant sections of the ADA, as follows: Priority 1: Accessible approach and entrance Priority 2: Access to goods and services Priority 3: Access to rest rooms Priority 4: Any other measures necessary CAVEAT: The Findings in Attachment 3 may have been accurate at the time the individual assessments were performed at various dates in 2015. Remediation and changes have occurred since then. Therefore, no specific finding in Attachment 3 can be deemed an accurate description of conditions existing at a specific site at the time of this report in 2018. PRIORITIZATION IN REMOVING BARRIERS TO ACCESSIBILITY IN EXISTING BUILDINGS AND FACILITIES Removal of barriers to accessibility in City buildings and service/program/activities facilities will be prioritized on the basis of specific criteria listed below. Each listed factor is of equal importance with no single factor having more importance than another. In determining the order for removing accessibility barriers among City buildings or facilities, a building or facility having a higher number of applicable criteria will take priority over another building or facility with fewer applicable criteria. The criteria are as follows: Level of use—the extent or frequency of public use of the building or facility Social need—use of buildings or facilities for important social or emergency needs, such as senior centers, cooling centers, storm shelters, education program centers, etc. Public Rights—buildings or facilities where citizens exercise their rights such as voting centers, courthouses, public meeting centers Page 16 Public Responsibilities —buildings or facilities where the public pays fees or municipal services, obtains permits and licenses, obtains information about public matters, obtains public services Special Programs—buildings or facilities where special programs for the public take place and cannot be duplicated elsewhere. These include park facilities such as the zoo, golf courses, swimming pools, splash pads, museums, entertainment facilities Geographic Need—buildings or facilities located within neighborhoods or away from City center which serve the local citizens in some manner Sites of Complaint—buildings or facilities where disabled persons have made specific complaints about inaccessibility IMPLEMENTATION SCHEDULE Consistent with the City's 2013 Transition Plan for pedestrian facilities in the public right of way, the Schedule for ADA accessibility improvement of existing public buildings and facilities for services, programs,and activities will take place as opportunity and funding allow, with every effort being made to do so as promptly and expeditiously as is reasonable, taking into account prioritization described in the previous Section. The City's Public Works Director or City Engineer will review the ADA accessibility priorities annually; will give high weight to reasonable suggestions and needs expressed by disabled persons or representatives of disabled persons,and by the City's ADA/Title VI Coordinator; will consider information received through ADA grievances; and will make recommendations to the Common Council for funding of these ADA accessibility priorities. A design plan calls for upgrading public park restroom facilities so that all will be fully ADA complaint by December 2019. The playground equipment in Keller Park is all new and ADA compliant. Similar upgrades are planned in all other City public parks having playground equipment. The Charles Martin Center has been fully upgraded and all its facilities are ADA compliant. NEW CONSTRUCTION AND ALTERATION For any new construction project or alteration of an existing public building or facility as the term "alteration" is defined by law, the City will build or rebuild to prevailing ADA design guidelines. However, the ADA does not require the City of South Bend to take any action that would cause a fundamental alteration in the intent of its program or activity; that would create Page 17 a hazardous condition; or that would impose an undue financial or administrative burden. The determination of undue burden must be based on an evaluation of all resources available for use in the programs and with review and written opinion of the City's ADA Coordinator. CITY-OWNED PARKING FACILITIES The availability and accessibility of parking is a key component to making government services, programs and activities easier to use for persons with disabilities. Parking is equally important for easy access to restaurants, stores, professional offices and the full range of commercial and professional services within a city. South Bend is committed to providing parking for disabled persons which meets or exceeds ADA standards. City Parking Facilities:Assessment &ADA Compliance. City-Owned Garages. All three City-owned or operated parking garages were assessed in 2016 and all meet or exceed ADA standards. Two garages (Wayne Street, and the Leighton Garage on Jefferson Boulevard) exceed the number of ADA-required parking spaces reserved for persons with disabilities. The City will adhere to PROWAG (Public Right-of-Way Accessibility Guidelines)for existing or for any future city-owned or operated parking garages. Note: The City has not adopted PROWAG because they have not yet been approved by the Department of Justice, but has agreed to refer to them for best practices, and to use them where the City determines it to be in the best interest of traffic, road conditions, safety, and actual needs of disabled persons. City-Owned Parking Lots.The City owns surface parking lots in the downtown South Bend area, but most are for exclusive use by city employees, agents, officials and others affiliated with City or County government. All City personnel or qualified individuals will be accommodated in these lots on a case by case basis under the ADA. Presently,there is no need to create permanent ADA reserved spaces within these non-public lots because of the high number of City personnel and due to the City's ability to accommodate its disabled personnel by other, equal means. The City owns one downtown surface paid parking lot open to the public.This lot(corner of Main Street&Jefferson Boulevard) fully meets ADA standards. Numerous surface parking lots exist adjacent to City-owned buildings and facilities throughout the entire city, and most, but not all were assessed for ADA compliance in 2016. Those assessed lots adjacent to city service, program and activity buildings or other facilities used or visited most frequently by the public are generally fully compliant with the ADA.These include parking for the Police Department, Environmental Services Dept., General Services Dept., and Page 18 numerous public parks. However, a few lots are not in compliance, and the City intends, where easily achievable,to make all its parking lots ADA compliant by November 1, 2019. The City will adhere to PROWAG (Public Right-of-Way Accessibility Guidelines)for existing or for any future city-owned or operated surface parking lots. On Street Parking.The City estimates that there are a total of 897 on-street parking spaces in the downtown central business area.' South Bend's Central Business District is an area comprised of about 25 blocks from Marion Street on the north down to Western Avenue on the east and from Lafayette to the River (the Central Business District Zone). On-street parking in downtown South Bend consists of angled two hour free parking the width of Michigan Street,with parallel spaces serving the remainder of downtown street parking. Even with parking garages,the total available downtown street parking is barely adequate during peak business hours for the needs of restaurants, professional businesses and offices, retail stores, and other places of public accommodation concentrated in the downtown area. PROWAG requires that there be 18 ADA reserved on-street spaces in the Central Business District ("CBD") Zone (2% of 897 total), of which three (3) must be van accessible. Prior to the City's 2016 Smart Street Project affecting the CBD Zone, converting Main Street and St. Joseph Streets from one-way to two-way, the City had reserved well more than the ADA number of required parking spaces on the downtown streets for disabled persons, but these spaces did not meet the 2011 draft PROWAG standards for on-street parking in terms of space width for areas where the sidewalks were 14 feet wide or more. For angled parking, creation of one PROWAG parking space requires the loss of two regular spaces. For parallel parking, creation of one PROWAG space requires extensive sidewalk loss, which affects pedestrian sidewalk traffic, including persons in wheelchairs, and outdoor business usage of sidewalks. Nonetheless, the City will use PROWAG in the Central Business District although it will result in fewer spaces overall reserved for disabled persons. Most of the PROWAG compliant ADA parking is in the angled parking of Michigan Street. Three van accessible spaces are located on Main Street (an addition of two van accessible spaces); one van accessible space is on Jefferson Boulevard close to the disability entry to the St. Joseph County Courthouse and the County City Building and seven more standard size disabled spaces are on Michigan Street. Eight standard size PROWAG disabled spaces have been constructed as follows: two (2) spaces on Jefferson Boulevard—serving the County-City Building and the federal and county courthouses; two (2) spaces on Washington Street (also serving the 1 Source is Downtown Parking Study, Rich&Associates, Inc.(February 2016). Page 19 same public buildings), and one additional space on every nearby block (total of an additional four(4)). The total number of reserved ADA spaces in the South Bend Central Business District is 56 as of 2018, but most of these spaces above the 16 spaces required by the ADA do not meet PROWAG standards. They exist to provide more parking opportunities for persons with disabilities. This benefits persons with milder mobility impairments so they can park closer to buildings which contain government services, programs and activities such as the County-City Building. Some of these spaces reserved for persons with mobility disability are in areas where the sidewalk may or may not be 14 feet wide. Proximity of the parking place to the building containing priority public services, programs or activities will be determinative. Neighborhood Parking for Disabled Persons. Outside the downtown area of South Bend individuals may request reserved on-street disability parking spaces through an application process. By the end of 2018 approximately 304 such spaces were reserved throughout the City. Snow and Ice Conditions. For accessibility to places of public accommodation during periods of snow and ice accumulation, South Bend will make it a priority to assure that curb ramps adjacent to accessible parking spaces in the downtown area be kept as clear as possible, without snow and ice build-up to the extent reasonably achievable. In commercial, school zones, and similar areas outside of South Bend's Central Business District where the City owns no buildings that provide public services, programs or activities, including areas of schools, street front commercial and retail businesses, the City will enforce the duty of owners to maintain as clear as reasonably possible the proximately located disability reserved parking spaces and curb ramps. In the event of extreme snow, blizzard, emergency weather, or similar conditions, the City must direct its resources in a manner that serves the greatest good and effectuates the greatest level of public safety, and it preserves that prerogative. Page 110 TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: PLAN FOR NON-DISCRIMINATION AND ACCESSIBILITY OF SOUTH BEND SERVICES, PROGRAMS, AND ACTIVITIES INDEPENDENT OF BUILDINGS AND FACILITIES No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Title VI of the Civil Rights Act of 1964 South Bend offers its citizens a wide variety of services, programs, and activities. These include informational, educational, recreational, and civic engagement opportunities, including public meetings, public hearings, informational presentations and open houses. It is the policy of the City of South Bend that its services, programs and activities be readily accessible and usable by persons with disabilities. It is further South Bend's policy to not discriminate against any person on the basis of race, color, age, gender, disability, military status, national origin, English proficiency, income status, sexual orientation or gender identification in any of these City services, programs and activities. The City is committed to full and complete compliance with Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d referred to as"the Act")and its regulations. A non-exhaustive list of City services, programs and activities is available upon request to the City's ADA/Title VI Coordinator. South Bend seeks the active and increased participation of minority members of the community in matters of public policy and decision making, and further seeks participation of minority persons in all other city services, programs and activities, to be held in places which are fully accessible. City outreach efforts will continue to be made through social agencies, community leaders, and through organizations with substantial minority participation or which protect and promote minority rights. Auxiliary aids will continue to be available to provide effective communication for persons with disabilities in City services, programs and activities, and the City will engage qualified public meeting interpreter services if needed and available. The City's website materials will be created and updated and expanded to ensure accessibility to persons with disabilities. All City meeting notices and informational literature about City services, programs and activities will continue to include notice of the availability of auxiliary aids upon request, and all efforts will be made to accommodate the needs of persons with disabilities when providing customer service at City counters and service centers and in other City services, programs and activities. Page 111 The City assists disabled home residents in trash pickup by allowing such persons to have pick-up next to their homes rather than at the curb. The City's 311 Call Center, a chief mode of communication between the City and its citizens, assists in identifying these persons. A citizen's duty to remove snow and ice may be waived upon notice to the City of such person's disability status. The 311 Call Center is a mobile and online service which gives citizens a means to identify concerns and report them to City personnel for prompt response and correction, or simply to obtain information about the City. Calls regarding accessibility received on the 311 Call Center are referred to the ADA/Title VI Coordinator if they involve a City building, facility or City service, program or activity. Accessibility issues not involving a City-owned or sponsored matter are referred to the South Bend Human Rights Commission. Other specific accommodation in City services, programs, and activities may include any or all of the following list which is not exhaustive: Microphone available at public meetings upon request with cable long enough to serve accessible seating areas or availability of wireless unit American Sign Language interpreter available at meetings for 500 persons or more Audio description of visual materials Speakerphone or similar means of program accessibility Presentation materials in both audio and visual form Printed materials available in alternate format Note-taker availability Materials in electronic format To better assist and increase minority business participation in City contracts and purchasing,the South Bend Common Council enacted a Minority and Women Business Enterprise Diversity Development Program to advance equal opportunity of minority and women owned businesses to participate in public bidding and contracts with the City. A Diversity Utilization Board was created in 2011 to oversee the goals of the program. Since then the Diversity Utilization Board has sponsored training programs and other activities to identify and encourage minority businesses in the City bidding process, and in procurement of other City contractual work.This Board and its interaction with City agents in contracting and purchasing, has furthered the number of minority businesses participating in City projects and programs, and will continue to do so. Page 112 South Bend's Diversity and Inclusion Plan In spring 2016, the City hired a Diversity Compliance/Inclusion Officer who helps assure that the City's workforce truly reflects the racial, ethnic, disabled and all other human diversity within the South Bend community. That Officer further acts as a resource for expanding the list of bidders for City contracts to include eligible minority and women owned businesses. Additionally, the Officer works with the City's Department of Community Investment (DCI) and the Mayor's office in developing small, local minority and women business enterprises (MWBE's) that can do business with the City. The Diversity Compliance/Inclusion Officer submitted in July 2016 the City's Diversity and Inclusion Plan (the Plan) having an overall purpose "to remove, reduce,and or address physical, systemic, communication and attitudinal barriers to a more diverse and inclusive City... where ALL can thrive." Within the Plan, diversity and inclusion is defined as "policies and practices of inclusion that promote understanding of cultural differences and that encourage cooperation across the boundaries of diverse coworkers and the public." Among some of the initiatives of the Diversity Compliance/Inclusion Officer have been intense staff and management training to better understand diversity and inclusion,to recognize micro-aggression, and reduce unconscious bias in hiring and on-the-job treatment of workers by coworkers and supervisors. Longer term, ongoing initiatives, among many, are to infuse diversity and inclusion language throughout all city strategic plans, policies, procedures and programs; to conduct training about reasonable accommodations for disabled employees; and to develop website training materials in English and Spanish for existing staff, new employees, and for contract opportunities with the City.These web-based materials will be available in other format for hearing and sight impaired persons.The South Bend Common Council passed an ordinance in 2018 requiring regular sexual harassment awareness and prevention training for all City personnel, including elected or appointed officials. The City's Innovation Department has made efforts to incorporate recent features offered by manufacturers that enable disabled persons to interact with digital content. This includes changing contrast profiles, magnification, and text-to-speech capacity. As changes and upgrades to the City's website are implemented, the City will incorporate the latest, cost-effective technology to provide website accommodation to persons with disabilities. South Bend Human Rights Commission The South Bend Human Rights Commission continues to provide public and civic education about rights of the disabled and other minorities in matters of employment and housing. Such training is done upon request or through outreach to employers, landlords, and others. The Commission has conducted several minority and diversity training programs within Page 13 the City, most notably within the City Police Department in the wake of recent publicized incidents of conflict between law enforcement and African American male youth. The Human Rights Commission staff will continue to expand its educational outreach. Limited English Proficiency (LEP) LEP Policy and the LEP Population of South Bend Similarly, and as part of its overall Title VI mission of inclusivity and non-discrimination, the City is committed to make sure that meaningful access to its services, programs,and activities are available to persons with limited English language proficiency. One of the specific goals of South Bend's Diversity and Inclusion Plan is to ensure that language is no barrier to city services and events. The Latino population of the City of South Bend is roughly 13.0%as shown on the federal 2010 census. Of this Latino population segment, it is uncertain what percentage or number of persons are actually of limited English proficiency, that is, those whose proficiency in speaking, reading,writing or understanding English, as a result of national origin, is such that that it would deny or limit meaningful access to South Bend's programs and services if language assistance were not provided.The City will seek to identify the approximate number or percentage of actual Spanish language speakers with limited English proficiency. Other national origin populations with limited English language proficiency within the City are not significant according to current census and other data ("Asian" is the highest at 1.3%), but the City will take reasonable steps to identify any other population which due to national origin has limited English language proficiency, and will accommodate such persons to the extent reasonably possible. Language Assistance Measures and Continued Plan for LEP Access Translations of documents required to obtain essential City, or to otherwise to assist persons with difficulty communicating in English due to Latino national origin, are currently in progress. Persons with fluent Spanish language ability are employed in several City Departments and in the City Clerk's office, and they translate orally when necessary. These include several supervisory persons in the Departments of Public Works, one assistant in the Mayor's office, and one investigator in the office of the South Bend Human Rights Commission, among others. Written translations of documents necessary to meaningfully access City programs are being done through bi-lingual City personnel and with assistance from Latino non-profits within the City.The South Bend Common Council agenda for each of its two monthly meetings is translated into Spanish and is available in the City Clerk's office. Page 114 Full Spanish language service is available on the City's 311 Call line, which operates from 7:30 a.m. to 5:30 p.m., Monday through Friday, and any complaints from Spanish speaking persons are promptly referred to the responsible City Department when appropriate. The 311 Call Center is also a source for identification of the approximate number of persons with limited English language proficiency by those whose primary language of communication is Spanish and by those with other primary languages of communication.To date the Call Center has had no language translation requests other than Spanish, and as of Autumn 2018, the 311 Call Center has responded to 760,000 calls. Of these, 2,300 were from Spanish speakers; and none were from speakers of another language requiring translation. The total number of impaired contacts through Autumn 2018 is 150 and all were translated through outside services. The 311 Call Center is also a useful source of knowledge as to the specific City services frequently used, needed, and accessed by persons with limited English proficiency as well as other persons protected by Title VI and the City's policy. The City has a Voluntary Title VI Public Involvement Survey form in both English and Spanish that it provides at public meetings and at the counters in City service offices(Attachment 4-A & 4-B) to identify LEP persons as well as others protected by Title VI and supplemental City policy. Additionally, City Departments, offices, recreational and service facilities, will use I-Speak Cards(Attachment 5)to assist in identifying languages spoken by users of City programs, services and activities where interpretation services may be needed. CITY PROGRAMS USING FEDERAL FINANCIAL ASSISTANCE The City of South Bend receives grants and funds from the Federal Department of Transportation and the Federal Highway Commission for roads, rights-of-way, and other improvements. It also receives funds for distressed property revitalization and redevelopment from the Federal Department of Urban Development (HUD). Its Human Rights Commission receives Federal grant monies from HUD and the Federal Equal Employment Opportunities Commission.The City receives other Federal program assistance. The City itself as well as all contractors, subcontractors and vendors who receive payment from the City where the funding has originated from any Federal assistance program are subject to all provisions of Title VI. The City acknowledges its duty to provide Assurances per regulations enacted by the Federal Highway Administration. Page 115 The Assurances and Contract Provisions are set out in Attachments 6 through 8, and those contract provisions will be included as relevant and appropriate in all City documents where funds originated from Federal assistance programs. Any and all written agreements relevant to Title VI shall not contain any form of discrimination either written or implied. GRIEVANCE PROCESS AND PROCEDURE The Grievance Procedure for a person with a disability adopted in the City's Transition Plan of 2013 applies equally to any other person who believes the City has discriminated against that person due to race, color, age, gender, or national origin in City programs, services, and/or activities, or denied the person access to such a program, service, and/or activity in any manner. The Grievance Policy and Form are Attachments 9 and 10 hereto, and are also located on the City's website.) The aggrieved person shall use the City's form which is available on the City's website and must submit the form no later than sixty (60) calendar days after the date of the violation and shall comply with the City's Grievance Procedure. Under that Grievance Procedure, the City has twenty-one (21) days in which to initially respond, and an additional thirty (30) days to attempt to resolve the problem if the City's initial response is not acceptable to the grievant. Thereafter, the grievant has fifteen (15) days to appeal in writing to the City's Board of Public Works. The City's ADA Coordinator also serves as the City's Title VI Coordinator in all grievances pertaining to discrimination in city services, programs, and activities due to race, color, age, gender or national origin.The Complaint should be submitted to: Aladean DeRose ADA/Title VI Coordinator City of South Bend Legal Department 227 West Jefferson Boulevard, Suite 1200 South Bend, Indiana 46601 Alternative means of filing Complaints such as personal interviews or a tape recording of the Complaint will be made available for persons with disabilities upon request. The ADA/Title VI Coordinator maintains a log of all complaints or grievances regarding accessibility of facilities and non-discrimination in the City's services, programs, and activities. This log is maintained for a period of three (3) years and is a public record with exception of any medical information or personal information about a claimant that may be contained within the log. Page 1 16 ENVIRONMENTAL JUSTICE On January 15, 2016 South Bend Mayor Pete Buttigieg, by executive order,enacted a City- wide diversity and inclusion initiative which among other things supports a policy of equal opportunity, diversity and inclusion throughout the community and within the City's administrative offices and Departments. Under this policy, diversity includes the "different individual attributes such as national heritage and origin, language, race,color, ethnicity, religion sex, sexual orientation, gender identity, age, socioeconomic status, educational background, life experiences, and modes of thought..." This City initiative encompasses the federal government concept of environmental justice EJ"), that is, "the fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development, implementation, and enforcement of environmental laws, regulations and policies."The City commits to the objective that no group of persons, including racial, ethnic, or socioeconomic, should bear a disproportionate share of negative environmental consequences resulting from industrial, municipal, and commercial operations of the execution of federal, state, or local programs and policies. South Bend is a participant in the Michiana Area Council of Governments ("MACOG"), which, using a methodology developed by the Delaware Valley Regional Planning Commission, has conducted an analysis of potentially disadvantaged population groups within its participating members, including the City of South Bend. MACOG's current list of populations which have indicators of Potential Disadvantage are: Non-Hispanic Minority Hispanic Households in Poverty Limited English Proficiency Elderly over age 65 Carless Households Persons with Physical Disabilities Because the census tracts for the region indicate the average minority population for any census tract within the region is 15.8%, any census tract with a greater percentage, including Page 117 several within the City of South Bend, would be identified as having an Indicator of Potential Disadvantage ("IPD"). South Bend has begun implementation of this goal by assisting the population directly affected by the departure of New Energy Corporation, an ethanol manufacturing plant on the City's west side,which ceased active operation in 2012 affecting the water levels within the area, and thus capacity for basement flooding of buildings within the area. The area is one with a significant IPD population, including Hispanic, elderly over 65, and low income households. The City has added a well to its water service system to reduce ground water levels in the affected area, at a significant cost to the City's water utility. South Bend will observe the principals of EJ in all work and contracts that it performs upon public lands, public right of ways, waterways and wherever EJ is implicated. ONGOING MONITORING AND UPDATING The Engineering Division of the South Bend Department of Public Works will continue to monitor pedestrian facilities in the public right of way and the City's buildings and structures for accessibility to persons with disabilities under the ADA, and will continue to update the list of facilities, buildings and structures, both for compliance and improvement. The ADA/Title VI Coordinator will monitor City programs, services and activities to assure that the City's policy of inclusion and non-discrimination is promoted and advanced. Page 118 2018 UPDATE TO ADA TRANSITION PLAN OF 2013 AND TITLE VI PLAN:NON-DISCRIMINATION IN CITY SERVICES,PROGRAMS,&ACTIVITIES UNDER CIVIL RIGHTS ACT OF 1964 ATTACHMENT 1: PROGRESS UPDATE ON CITY PEDESTRIAN FACILITIES IN PUBLIC RIGHT OF WAY ADA Transition Plan:Curb Analysis In 2015,the City of South Bend—Public Works Department conducted a full-scale evaluation of all the curb ramps within the City limits to generate a priority ranking system. Each curb ramp was assigned a numerical value depending on the condition of the ramp, sidewalk approach, and crosswalk.These values are referenced in the City's ADA Transition Plan and are called Access Grades. Since 2015,the City has made a significant effort to focus on the pedestrians,especially when crossing roadways,with the introduction of Smart Streets. Curb ramps near Government Facilities have seen a change of 16%(23 intersections)from high priority to low priority. Table 1 indicates the changes for each intersection priority between 2015 and 2018. Intersection Priority 1 2 3 Locations serving Locations serving Commercial&Employment Locations serving Other Government Facilities Centers Areas 2015 2018 2015 2018 2015 2018 High 93 70 80 76 376 386 Medium 69 49 372 284 366 341 Low 106 149 413 471 1108 1158 Table 1:2015 and 2018 Curb Ramp Ratings Intersections 2015 2018 1A 37 62 1B 69 87 1C 69 49 1D 57 42 1E 36 28 2A 204 210 2B 209 261 2C 199 140 2D 173 144 2E 80 76 3A 272 106 3B 398 542 3C 438 510 3D 366 341 3E 376 386 Total 2983 2984 Table 2:Access Grade Breakdown Attachment 1 2018 UPDATE TO ADA TRANSITION PLAN OF 2013 AND TITLE VI PLAN:NON-DISCRIMINATION IN CITY SERVICES,PROGRAMS,&ACTIVITIES UNDER CIVIL RIGHTS ACT OF 1964 ATTACHMENT 2: ADA COMPLIANCE CHECKLIST USED IN CITY ASSESSMENT QUESTIONS POSSIBLE SOLUTIONS Priority Accessible Approach/Entrance People with disabilities should be able to arrive on the site,approach the building, and enter as freely as everyone else.At least one route of travel should be safe and accessible for everyone, including people with disabilities. Yes No Route of Travel (ADAAG 4.3, 4.4, 4.5, 4.7) Is there a route of travel that does not require D 0 Add a ramp if the route of the use of stairs? travel is interrupted by stairs. Add an alternative route on level ground. Is the route of travel stable,firm and 0 Repair uneven paving. slip-resistant?0 Fill small bumps and breaks with beveled patches. Replace gravel with hard top. eIs the route at least 36 inches wide? 0 Change or move landscaping, r furnishings,or other features t that narrow the route of travel. width 0 Widen route. eCan all objects protruding into the circulation El El 0 Move or remove protruding paths be detected by a person with a visual ri objects. disability using a cane?L Add a cane-detectable base that distance from wall/ extends to the ground. In order to be detected using a cane,an height 0 Place a cane-detectable object on object must be within 27 inches of the the ground underneath as a ground. Objects hanging or mounted warning barrier. overhead must be higher than 80 inches to provide clear head room.It is not necessary to remove objects that protrude less than 4 inches from the wall. Do curbs on the route have curb cuts at drives, 0 Install curb cut. parking, and drop-offs? 0 Add small ramp up to curb. Ramps (ADAAG 4.8) eAre the slopes of ramps no greater than 1:12? 0 Lengthen ramp to decrease slope. Slope is given as a ratio of the height to Relocate ramp.slope the length.1:12 means for every 12 inches 0 If available space is limited, along the base of the ramp, the height reconfigure ramp to include increases one inch.For a 1:12 maximum switchbacks. slope, at least one foot of ramp length is needed for each inch of height. Checklist for Existing Facilities version 2.1 ©revised August 1995,Adaptive Environments Center,Inc.for the National Institute on Disability and Rehabilitation Research.For technical assistance,call 1-800-949-4ADA(voice/TDD). Attachment 2 QUESTIONS POSSIBLE SOLUTIONS Yes No Ramps,continued Do all ramps longer than 6 feet have railings 0 Add railings. on both sides? Are railings sturdy,and between 34 and 38 0 Adjust height of railing if not inches high? between 30 and 38 inches. 0 Secure handrails in fixtures. height eIs the width between railings or curbs at least 0 Relocate the railings. 36 inches? 0 Widen the ramp. width Are ramps non-slip? Add non-slip surface material. eIs there a 5-foot-long level landing at every 0 Remodel or relocate ramp. 30-foot horizontal length of ramp,at the top and bottom of ramps and at switchbacks? 4 Does the ramp rise no more than 30 inches El 0 Remodel or relocate ramp. between landings? I Fisc Parking and Drop-Off Areas (ADAAG 4.6) eAre an adequate number of accessible parking 0 Reconfigure a reasonable number spaces available(8 feet wide for car plus 5-foot of spaces by repainting stripes. access aisle)?For guidance in determining the number of appropriate number to designate,the table accessible below gives the ADAAG requirements for new spaces construction and alterations(for lots with more Note widths of existingthan100spaces, refer to ADAAG):accessible spaces: Total spaces Accessible 1 to 25 1 space 26 to 50 2 spaces 51 to 75 3 spaces 76 to 100 4 spaces Are 8-foot-wide spaces,with minimum 8-foot- Reconfigure to provide wide access aisles, and 98 inches of vertical i van-accessible space(s). clearance,available for lift-equipped vans? width/ vertical At least one of every 8 accessible spaces clearance must be van-accessible (with a minimum of one van-accessible space in all cases). Checklist for Existing Facilities version 2.1 ©revised August 1995,Adaptive Environments Center,Inc.for the National Institute on Disability and Rehabilitation Research.For technical assistance,call 1-800-949-4ADA(voice/TDD). Attachment 2-2 QUESTIONS POSSIBLE SOLUTIONS Yes No Parking and Drop-Off Areas,continued Are the access aisles part of the accessible 0 Add curb ramps. route to the accessible entrance? 0 Reconstruct sidewalk. Are the accessible spaces closest to the El ID Reconfigure spaces. accessible entrance? Are accessible spaces marked with the Interna- El 0 Add signs,placed so that they tional Symbol of Accessibility?Are there signs are not obstructed by cars. reading "Van Accessible" at van spaces? Is there an enforcement procedure to ensure 0 Implement a policy to check peri- that accessible parking is used only by those odically for violators and report who need it? them to the proper authorities. Entrance (ADAAG 4.13, 4.14, 4.5) If there are stairs at the main entrance,is there El 0 If it is not possible to make the also a ramp or lift,or is there an alternative main entrance accessible,create accessible entrance? a dignified alternate accessible entrance.If parking is provided, Do not use a service entrance as the make sure there is accessible accessible entrance unless there is no parking near all accessible other option. entrances. Do all inaccessible entrances have signs 0 Install signs before inaccessible indicating the location of the nearest accessible entrances so that people do not entrance? have to retrace the approach. Can the alternate accessible entrance be used 0 Eliminate as much as possible independently? the need for assistance—to answer a doorbell, to operate a lift, or to put down a temporary ramp,for example. Does the entrance door have at least 32 inches 0 Widen the door to 32 inches clear. clear opening (for a double door, at least one 0 If technically infeasible,widen to 32-inch leaf)? 31-3/8 inches minimum. clear opening Install offset(swing-clear)hinges. eIs there at least 18 inches of clear wall space on 0 Remove or relocate furnishings, the pull side of the door, next to the handle? partitions,or other obstructions. 0 Move door. A person using a wheelchair or crutches clear space Add power-assisted or auto- needs this space to get close enough to matic door opener. open the door. Checklist for Existing Facilities version 2.1 ©revised August 1995,Adaptive Environments Center, Inc.for the National Institute on Disability and Rehabilitation Research.For technical assistance,call 1-800-949-4ADA(voice/TDD). Attachment 2-3 QUESTIONS POSSIBLE SOLUTIONS Yes No Entrance,continued Is the threshold edge 1/4-inch high or less, or If there is a single step with a rise of if beveled edge,no more than 3/4-inch high? [--1 616 inches or less,add a short ramp. If there is a threshold greater than 3/4-inch high,remove it or modify it to be a ramp. If provided, are carpeting or mats a maximum Replace or remove mats. of 1/2-inch high? heieht Are edges securely installed to minimize 0 Secure carpeting ormatsatedges. tripping hazards? e Is the door handle no higher than 48 inches Lower handle. and operable with a closed fist? Replace inaccessible knob with a lever or loop handle. The"closed fist" test for handles and gl" 0 Retrofit with an add-on lever controls:Try opening the door or operat-extension. ing the control using only one hand,held in a fist.If you can do it,so can a person who has limited use of his or her hands. e Can doors be opened without too much force El Adjust the door closers and exterior doors reserved;maximum is 5 lbf for oil the hinges. interior doors)? L.-J Install power-assisted or force automatic door openers. You can use an inexpensive force meter 0 Install lighter doors. or a fish scale to measure the force re- quired to open a door.Attach the hook end to the doorknob or handle.Pull on the ring end until the door opens,and read off the amount of force required.If you do not have a force meter or a fish scale,you will need to judge subjectively whether the door is easy enough to open. e If the door has a closer, does it take at least El Adjust door closer. 3 seconds to close? seconds Checklist for Existing Facilities version 2.1 ©revised August 1995,Adaptive Environments Center,Inc.for the National Institute on Disability and Rehabilitation Research.For technical assistance,call 1-800-949-4ADA(voice/TDD). Attachment 2-4 QUESTIONS POSSIBLE SOLUTIONS Priority Yes No 2 Access to Goods and Services Ideally,the layout of the building should allow people with disabilities to obtain materials or services without assistance. Horizontal Circulation (ADAAG 4.3) Does the accessible entrance provide direct 0 Add ramps or lifts. access to the main floor,lobby, or elevator? 0 Make another entrance accessible. Are all public spaces on an accessible route 0 Provide access to all public spaces of travel? along an accessible route of travel. e Is the accessible route to all public spaces 0 Move furnishings such as tables, at least 36 inches wide? II chairs,display racks, vending width machines,and counters to make more room. e Is there a 5-foot circle or a T-shaped space for a 0 Rearrange furnishings, displays, person using a wheelchair to reverse direction? I I and equipment. width Doors (ADAAG 4.13) e Do doors into public spaces have at least a 0 Install offset(swing-clear)hinges. 32-inch clear opening? 0 Widen doors. clear opening eOn the pull side of doors,next to the handle,is 0 Reverse the door swing if it is there at least 18 inches of clear wall space so safe to do so. that a person using a wheelchair or crutches 0 Move or remove obstructing can get near to open the door? clear space partitions. e Can doors be opened without too much force 0 Adjust or replace closers. 5 lbf maximum for interior doors)? 0 Install lighter doors. L 0 Install power-assisted or force automatic door openers. e Are door handles 48 inches high or less and El 0 Lower handles. operable with a closed fist? 0 Replace inaccessible knobs or latches with lever or loop handles.h` h 0 Retrofit with add-on levers. 0 Install power-assisted or automatic door openers. e Are all threshold edges 1/4-inch high or less, El 0 If there is a threshold greater or if beveled edge,no more than 3/4-inch than 3/4-inch high,remove it or high? modify it to be a ramp. leight 0 If between 1/4-aand 3/4-inch high, add bevels to both sides. Checklist for Existing Facilities version 2.1 ©revised August 1995,Adaptive Environments Center,Inc.for the National Institute on Disability and Rehabilitation Research.For technical assistance,call 1-800-949-4ADA(voice/TDD). Attachment 2-5 QUESTIONS POSSIBLE SOLUTIONS Yes No Rooms and Spaces (ADAAG 4.2, 4.4,4.5) Are all aisles and pathways to materials and 0 Rearrange furnishings and services at least 36 inches wide? fixtures to clear aisles. width eIs there a 5-foot circle or T-shaped space for Rearrange furnishings to clear turning a wheelchair completely? more room. width Is carpeting low-pile, tightly woven,and 0 Secure edges on all sides. securely attached along edges? Replace carpeting. eIn circulation paths through public areas, are Remove obstacles. all obstacles cane-detectable(located within 27 II Install furnishings,planters,or inches of the floor or higher than 80 inches,or height/ other cane-detectable barriers protruding less than 4 inches from the wall)? protrusion underneath. Emergency EgressYgress (ADAAG 4.28) If emergency systems are provided,do they 0 Install visible and audible alarms. have both flashing lights and audible signals? 0 Provide portable devices. Signage for Goods and Services (ADAAG 4.30) Different requirements apply to different types of signs. eIf provided, do signs and room numbers des- 0 Provide signs that have raised ignating permanent rooms and spaces where letters,Grade II Braille,and goods and services are provided comply that meet all other require- with the appropriate requirements for such ments for permanent room or signage? space signage. (See ADAAG Y N r 4.1.3(16)and 4.30.) Signs mounted with centerline 11 n I 60 inches from floor. height M ounted on wall adjacent to latch 0 0 side of door,or as close as possible. Raised characters,sized between 5/8 n n L and 2 inches high,with high contrast character height for room numbers,rest rooms,exits). Brailled text of the same information. 0 0 If pictogram is used,it must be 0 0 accompanied by raised characters and braille. Checklist for Existing Facilities version 2.1 ©revised August 1995,Adaptive Environments Center,Inc.for the National Institute on Disability and Rehabilitation Research.For technical assistance,call 1-800-949-4ADA(voice/TDD). Attachment 2-6 QUESTIONS POSSIBLE SOLUTIONS Yes No Directional and Informational Signage The following questions apply to directional and informational signs that fall under Priority 2. eIf mounted above 80 inches, do they have Review requirements and re- letters at least 3 inches high,with high con- I place signs as needed,meeting trast, and non-glare finish? letter height the requirements for character size, contrast, and finish. Do directional and informational signs comply Review requirements and with legibility requirements? (Building direc- replace signs as needed. tories or temporary signs need not comply.) Controls (ADAAG 4.27) eAre all controls that are available for use by Relocate controls. the public(including electrical,mechanical, cabinet, game,and self-service controls)lo- cated at an accessible height? Reach ranges:The maximum height for a side reach is 54 inches;for a forward reach,48 inches.The minimum reachable height is 15 inches for a front approach and 9 inches for a side approach. Are they operable with a closed fist? 0 Replace controls. Seats,Tables,and Counters(ADAAG 4.2,4.32,7.2) eAre the aisles between fixed seating(other than 0 Rearrange chairs or tables to assembly area seating)at least 36 inches wide? provide 36-inch aisles. width Are the spaces for wheelchair seating 0 Rearrange tables to allow room distributed throughout?for wheelchairs in seating areas throughout the area. 0 Remove some fixed seating. eAre the tops of tables or counters between 0 Lower part or all of high surface. 28 and 34 inches high? 0 Provide auxiliary table or counter. height eAre knee spaces at accessible tables 0 Replace or raise tables. at least 27 inches high,30 inches wide, and 19 inches deep?height width/ depth Checklist for Existing Facilities version 2.1 ©revised August 1995,Adaptive Environments Center, Inc.for the National Institute on Disability and Rehabilitation Research.For technical assistance,call 1-800-949-4ADA(voice/TDD). Attachment 2-7 QUESTIONS POSSIBLE SOLUTIONS Yes No Seats,Tables, and Counters, continued eAt each type of cashier counter,is there a Provide a lower auxiliary portion of the main counter that is no more counter or folding shelf. than 36 inches high? Arrange the counter and surrounding furnishings to create a space to hand items back and forth. eIs there a portion of food-ordering counters 0 Lower section of counter. that is no more than 36 inches high,or is 0 Arrange the counter and there space at the side for passing items to surrounding furnishings to customers who have difficulty reaching over height create a space to pass items. a high counter? Vertical Circulation (ADAAG 4.1.3(5), 4.3) Are there ramps, lifts,or elevators to all 0 Install ramps or lifts. public levels? 0 Modify a service elevator. 0 Relocate goods or services to an accessible area. On each level,if there are stairs between the El Post clear signs directing people entrance and/or elevator and essential public along an accessible route to areas,is there an accessible alternate route?ramps, lifts,or elevators. Stairs (ADAAG 4.9) The following questions apply to stairs connecting levels not serviced by an elevator, ramp, or lift. Do treads have a non-slip surface? 0 Add non-slip surface to treads. Do stairs have continuous rails on both sides,with El Add or replace handrails if pos- extensions beyond the top and bottom stairs?sible within existing floor plan. Elevators (ADAAG 4.10) Are there both visible and verbal or audible 0 Install visible and verbal or door opening/closing and floor indicators audible signals. one tone=up,two tones=down)? eAre the call buttons in the hallway no higher Lower call buttons. than 42 inches? Provide a permanently attached reach stick. height Do the controls inside the cab have raised and Install raised lettering and braille lettering? braille next to buttons. Checklist for Existing Facilities version 2.1 ©revised August 1995,Adaptive Environments Center,Inc.for the National Institute on Disability and Rehabilitation Research.For technical assistance,call 1-800-949-4ADA(voice/TDD). Attachment 2-8 QUESTIONS POSSIBLE SOLUTIONS Yes No Elevators, continued Is there a sign on both door jambs at every 0 Install tactile signs to identify floor identifying the floor in raised and braille floor numbers,at a height of letters? 60 inches from floor. If an emergency intercom is provided,is it 0 Modify communication system. usable without voice communication? Is the emergency intercom identified by 0 Add tactile identification. braille and raised letters? Lifts (ADAAG 4.2, 4.11) Can the lift be used without assistance?If not, At each stopping level,post clear is a call button provided? instructions for use of the lift. Provide a call button. eIs there at least 30 by 48 inches of clear space Rearrange furnishings and for a person in a wheelchair to approach to r equipment to clear more space. reach the controls and use the lift? l clear space eAre controls between 15 and 48 inches high 0 0 Move controls. up to 54 inches if a side approach is possible)? height Priority 3 Usability of Rest Rooms When rest rooms are open to the public, they should be accessible to people with disabilities. Getting to the Rest Rooms (ADAAG 4.1) If rest rooms are available to the public,is at 0 Reconfigure rest room. least one rest room(either one for each sex, 0 Combine rest rooms to create or unisex)fully accessible? one unisex accessible rest room. Are there signs at inaccessible rest rooms that 0 Install accessible signs. give directions to accessible ones? Doorways and Passages(ADAAG 4.2,4.13,4.30) Is there tactile signage identifying rest rooms? 0 Add accessible signage, placed to the side of the door, Mount signs on the wall, on the latch 60 inches to centerline(not on side of the door, complying with the re- the door itself). quirements for permanent signage. Avoid using ambiguous symbols in place of text to identify rest rooms. Checklist for Existing Facilities version 2.1 ©revised August 1995,Adaptive Environments Center,Inc.for the National Institute on Disability and Rehabilitation Research.For technical assistance,call 1-800-949-4ADA(voice/TDD). Attachment 2-9 QUESTIONS POSSIBLE SOLUTIONS Yes No Doorways and Passages, continued Are pictograms or symbols used to identify 0 If symbols are used,add rest rooms, and, if used, are raised characters supplementary verbal signage and braille included below them? with raised characters and braille below pictogram symbol. Q Is the doorway at least 32 inches clear? 0 Install offset(swing-clear)hinges. O Widen the doorway. tear width QAre doors equipped with accessible handles Lower handles. operable with a closed fist),48 inches high 0 Replace knobs or latches with or less? lever or loop handles. height 0 Add lever extensions. O Install power-assisted or automatic door openers. QCan doors be opened easily (5 lbf maximum 0 Adjust or replace closers. force)?1 0 Install lighter doors. O Install power-assisted or automatic door openers. QDoes the entry configuration provide adequate Rearrange furnishings such as maneuvering space for a person using a ri chairs and trash cans. wheelchair? l Remove inner door if there is a clear widti, vestibule with two doors. A person in a wheelchair needs 36 inches 0 Move or remove obstructing of clear width for forward movement,and a partitions. 5-foot diameter or T-shaped clear space to make turns.A minimum distance of 48 inches clear of the door swing is needed be- tween the two doors of an entry vestibule. QIs there a 36-inch-wide path to all fixtures? 0 Remove obstructions. width Stalls (ADAAG 4.17) Is the stall door operable with a closed fist, 0 Replace inaccessible knobs inside and out? with lever or loop handles. Add lever extensions. QIs there a wheelchair-accessible stall that has 0 Move or remove partitions. an area of at least 5 feet by 5 feet,clear of the 0 Reverse the door swing if it is door swing, OR is there a stall that is less ac- safe to do so. cessible but that provides greater access than a length/ width typical stall (either 36 by 69 inches or 48 by 69 inches)? Checklist for Existing Facilities version 2.1 ©revised August 1995,Adaptive Environments Center,Inc.for the National Institute on Disability and Rehabilitation Research.For technical assistance,call 1-800-949-4ADA(voice/TDD). Attachment 2-10 QUESTIONS POSSIBLE SOLUTIONS Yes No Stalls,continued In the accessible stall,are there grab bars be- Add grab bars. hind and on the side wall nearest to the toilet? eIs the toilet seat 17 to 19 inches high?El Add raised seat. I I hci0h1 Lavatories (ADAAG 4.19, 4.24) QDoes one lavatory have a 30-inch-wide by 0 Rearrange furnishings. 48-inch-deep clear space in front?0 Replace lavatory. 0 Remove or alter cabinetry to A maximum of 19 inches of the required clear space provide space underneath. depth may be under the lavatory. Make sure hot pipes are covered. Move a partition or wall. eIs the lavatory rim no higher than 34 inches? Adjust or replace lavatory. heig' Is there at least 29 inches from the floor to El Adjust or replace lavatory. the bottom of the lavatory apron (excluding pipes)? height Can the faucet be operated with one closed fist? Replace with paddle handles. Are soap and other dispensers and hand dry- El Lower dispensers. ers within reach ranges (see page 7)and us- 0 Replace with or provide addi- able with one closed fist? tional accessible dispensers. QIs the mirror mounted with the bottom edge of El Lower or tilt down the mirror. the reflecting surface 40 inches high or lower? 0 Add a larger mirror anywhere in the room. height Priority 4 Additional Access Note that this priority is for items not required for basic access in the first three priorities. When amenities such as drinking fountains and public telephones are provided, they should also be accessible to people with disabilities. Drinking Fountains (ADAAG 4.15) eIs there at least one fountain with clear floor 0 Clear more room by rearrang- space of at least 30 by 48 inches in front? ing or removing furnishings. clear space Checklist for Existing Facilities version 2.1 ©revised August 1995,Adaptive Environments Center, Inc.for the National Institute on Disability and Rehabilitation Research.For technical assistance,call 1-800-949-4ADA(voice/TDD). Attachment 2-11 QUESTIONS POSSIBLE SOLUTIONS Yes No Drinking Fountains, continued El e Is there one fountain with its spout no higher Provide cup dispensers for than 36 inches from the ground,and another fountains with spouts that with a standard height spout(or a single are too high. hi-lo"fountain)? height Provide accessible cooler. Are controls mounted on the front or on the side Replace the controls. near the front edge,and operable with one closed fist? 0 Place a planter or other cane- eIs each water fountain cane-detectable(located detectable barrier on each within 27 inches of the floor or protruding into the side at floor level. circulation space less than 4 inches from the wall? L_J height/ protrusion Telephones (ADAAG 4.31) e If pay or public use phones are provided,is 0 Move furnishings. there clear floor space of at least 30 by 48 inches (0 Replace booth with open in front of at least one? I station. clear space eIs the highest operable part of the phone no 0 Lower telephone. higher than 48 inches (up to 54 inches if a side Capproachispossible)? height Does the phone protrude no more than 4 inches 0 Place a cane-detectable into the circulation space? barrier on each side atUfloorlevel. protrusion Does the phone have push-button controls?Contact phone company to install push-buttons. Is the phone hearing-aid compatible?0 Have phone replaced with a hearing-aid compatible one. Is the phone adapted with volume control? 0 Have volume control added. Is the phone with volume control identified Add signage. with appropriate signage? If there are four or more public phones in the Cl Install a text telephone. building,is one of the phones equipped with a E Have a portable TT available. text telephone (TI'or TDD)? Provide a shelf and outlet next to phone. Is the location of the text telephone identified by 0 Add signage. accessible signage bearing the International TDD Symbol? Checklist for Existing Facilities version 2.1 ©revised August 1995,Adaptive Environments Center,Inc.for the National Institute on Disability and Rehabilitation Research. For technical assistance,call 1-800-949-4ADA(voice/TDD). Attachment 2-12 2018 UPDATE TO ADA TRANSITION PLAN OF 2013 AND TITLE VI PLAN: NON-DISCRIMINATION IN CITY SERVICES,PROGRAMS,&ACTIVITIES UNDER CIVIL RIGHTS ACT OF 1964 ATTACHMENT 3: SUMMARY OF CITY FACILITIES SELF- EVALUATION A. PUBLIC WORKS AND RELATED FACILITIES B. PUBLIC ARTS AND ENTERTAINMENT FACILITIES C. PUBLIC PARKS D. PUBLIC SAFETY FACILITIES gam Public Works & Other Facilites t. iI ail !!!°°'" , -;" - . r ',)4,1 f."-;----, ',2.'-'11ii.' ,k4Alt4t.1;•i•• P' '-4.411 1 . i a4} _....w r, t4. i,...' i - ~ - sem( - s lgr$ ' i '` ,Yr , ,.r -. 'i:., M..n tL. t FA a'1 bit^ ry;771-+ 'i'. .' it r1 Ott1 V a `` ' _. y * r '.. r •; t .r'' '771-1 4,-} l =.', 411-;µ ..' - ,,,... 4-. }"7:-.1# 444, y iia M...w rek.'1A•lar if • Y t' !. i -. q A. . 1 11, 1•`'• `.). x r Y tk ' .-, I, -- t iek %- t U r M Tom' !!1 '4.' i ij' 1 :., • 4 t'' 040. .h' r411,4%. 4----.".`. t. t 4it- P . • „y :1';•n;_ - 4.-4 ' at' 'r+: 1 >” ., • act.-- Ji 7 f int- r: i•,-=' rr . .. 46 Pj[j M y-7i 4•:,.. rYti 0A _a; , •:. 4, 0 is y ! r ' - FIFO,- rte' 4 A .... . t4 k ,: I ' 74 I i rI. 'r is it, k 1 41ffilte. ' 4 0 Building Department 0 Water Works: Headworks 0 Central Services Bldg. 0 Water Works:North Station 0 County-City Building Water Works:Olive St.0 Human Rights Commission a Water Works:Solid Waste 0 Water Works:Admin ®Animal Control Facility 0 Water Works:Colfax Office 0 Water Works: Dewatering Attachment Public Works and Other Facilities ADA Barrier Priorites Facility I.Accessible 2.Access to Goods and 3. Usability of Rest Rooms 4.Additional AccessApproach/Entrance Services There are no curb cuts at No ADA Barrier Present No ADA Barrier Present No ADA Barrier Present Building Department locations of drop offs or 125 S.Lafayette Blvd. handicap parking areas.There are no van accessible handicap spots. Second accessible entrance Alarms should be the variety Improper bathroom signage. No ADA Barrier Present requires signage.Sign needed equipped with flashing lights. Central Service Building to denote van accessibility Signage installed at wrong 1045 W.Sample St. parking space.Carpeting/mats heights,&lack Braille. not secured at edges. No ADA Barrier Present Need to lower heighth of call Need to provide signs on each No ADA Barrier Present buttons for elevators on all public floor indicating where public floors,current height is accessible bathrooms are above 42 inches.Also there Both bathrooms on ground are not signs on both sides of level and 4th floor need to the elevator door jamb have signs mounted on latch indicating floor level.On floors side of the door.Signs on 4th 4,12,13,14,and in the court floor are lacking braille on room/13th conference room, them.Handles on 4th floor are there needs to be designated inaccesible.4th floor bathroom • County City Building handicap seating available. does not have a 36 inch wide 227 W.Jefferson Blvd. Court room handles are path to all fixtures.Stalls on inaccessible.On fllors 4,12, both floors may need new 13,and 14 the counters are all handles that are more easily too high except for city clerk accessible.4th floor bathroom office.Also in the conference needs grab bar behind toilet. room the aisles are too narrow Toilet seats on both floors sit between seats.Court room too low(14 and 16 inches doors are too heavy. high).In basement bathroom there is not 29 inches from the floor to the bottom of the lavatory. Humans Right No ADA Barrier Present No ADA Barrier Present No ADA Barrier Present No ADA Barrier Present Commission 319 N.Niles Ave. Stripe parking lot for ADA Replace door knobs with pull Add signs denoting the Not applicable accessible spaces and van handles and panic hardware. accessible entrance, Waste Water: accessible spaces.Locate Adjust interior and exterior accessible restrooms,etc. Administrartion ADA accessible parking space doors for opening pull force. 3113 Riverside Dr. nearest the accessible route. Adjust interior and exterior doors closers for 3 seconds or more closing time. Parking lot handicapped Fire alarms must be type that Faucets in restrooms Water fountains compliant. spaces need code-compliant flash when active. inoperable for people with signage posted. mobility impairments,install paddle type"handles.Soap dispensers/paper towels and le Water Works:Colfax cabinets must be no higherOffice 125 W.Colfax Ave. than 48"from the floor. Additionally,the mirror's bottom edge should be no more than 40"from the floor alternatively,it may be angled downward instead). Stripe parking lot for ADA Replace door knobs with pull Upgrade rest room facility for Water fountain is too high accessible space.Locate ADA handles and panic hardware. ADA accessibility(stall, accessible parking space Adjust interior and exterior lavatory bottom height, nearest the accessible route. doors for opening pull force. hardware,toilet seat height, Add signs denoting the Adjust interior and exterior door tactile signs) accessible entrance. closers for 3 second or more Waste Water:Dewatering closing time.Add railing and/or 3113 Riverside Dr. floor markings for accessible routes due to low clearances near machinery.Update emergency egress signs for flashing lights and audible signals.Provide signage for rooms. Attachment 3-2 Public Works and Other Facilities ADA Barrier Priorites 1FacilityAccessible2.Access to Goods and 3.Usability of Rest Rooms 4.Additional Access Approach/Entrance Services Elevator.Stripe parking lot for No ADA Barrier Present Add signs denoting the Water fountain is not cane- additional ADA accessible accessible entrance, detectable and it is not within Waste Water:Headworks spaces.Locate ADA accessible restrooms,etc. 27 inches of the floor;its is 28 3113 Riverside Dr. accessible parking space inches. nearest the accessible route Where routes cross curbs and Everything compliant as of All lavatories require a Assessor indicated that water steps,ramps need to be assessment minimum of 30"x 48°clear fountain was too high(better installed.At least one parking space in front.Any than 36'),but no exact space must be van-accessible noncompliant handicapped measurement was provided by Water Works:North as well,with appropriate stall should be reconfigured the assessor.If need be,the Station stripes painted and signage accordingly.fountain may require height 830 N.Michigan St. posted.(It was unclear from adjustment.If that is the case, assessment if this was already keep in mind that the fountain up to code;if so,disregard)must also be detectable by the visually impaired(part of it must be within 27") The entrance needs an extra Need to provide signs that The lavatory rim is higher than Not applicable 10"of clear wall space on the have raised letters,Grade II 34",it is 35".The mirror is Water Works:Olive pull side of the door,next to Braille,and that meet all other mounted at 43"instead of the Street the handle.All other parts of requirements for permanent required 40'so the mirror 915 S.Olive St. the form that apply to this room or space signage. should be lowered or tilted structure apply.down. Stripe parking lot for ADA Adjust interior and exterior Provide accessible counter for Complies to all applicable accessible space.Locate ADA doors for opening pull force. public access if window features. accessible parking space Adjust interior and exterior door counter is utilized in the future. Waste Water:Solid nearest the accessible route. closers for 3 second or more Upgrade rest room facility for Waste Replace ADA accessible space closing time.Update ADA accessibility(stall,path 3113 Riverside Dr. sign(faded)and provide signs emergencyegress signs for widths to fixtures,hardware, denoting the accessible flashing lights and audible toilet seat height,tactile signs) entrance.Secure mats at signals.Provide updated edges signage for rooms,goods and services. Access aisles for parking and Complies to all applicable There are 28.5"between the Complies to all applicable Animal Control Facility drop-off are only 5tt wide, specifications. floor and the bottom of the specifications. 521 Eclipse PI. might need to be reconfigured. lavatory apron,which is just There are no van accessible under the 29'requirement. soaces. Not enough handicap parking Call buttons for elevator are Not Applicable No ADA Barrier Present Wayne Street Parking is provided,there also needs to installed at a heighth that is too Garage be one van accessible spot for thigh,need to be no more than NW corner of St.Jospeh every eight handicap 42 inches high.Also there are St. Wayne St. accessible spaces not signs on both door jambs identifying the floor after exiting elevator No handicap parking is No ADA Barrier Present Not Applicable No ADA Barrier Present provided at all,there also needs to be one van Main&Colfax Parking accessible spot for every eight Garage handicap accessible spaces, SE Corner of Main& with the spaces there needs Colfax accessible aisles that are closest to accesible entrance. Make sure enforcement procedure is in place. Attachment 3-3 Public Arts & Entertainment Facilites A„";:,, :,. . ... - , r '3, .2e.,,,i. , .• i ..i - 1--. . 1,4 ' - :44 ', ',... .,‘ .tc4' : Sr' ....'j Al , 4 ,,,„, . , • ,,,,-. 4„,t!LI „,, .. 1, * . . ,..4.,,,,,,,,, ..,:., Ir 33- r...311.-- -- ' 14..11' i il, .i`..:t !'-.... ..st,'z.--3-:: . - ... i. Av*4111.-:'0ra‘ 74:111 ll "3";" 3 ' 15•.•:333* 10 **L„,,,.., Ira ......,•.... ,,..- , , aat 2 +),' i 44j" . tit* .4 ,,,,,. 7-. i ' '+' ' r" 1.` 1' . 61. 14 -° ' 3A4 '4.* ' . - - . a, :-* "'" • ,, I. 7',rl, f , : P ,,- j.„-g. rd.,: .,,x. 4. — , .,. i ...- ,‘ •,-,-,,..1t-- .ia, . rf-11, ,:,4;,,, 4,i ,.. 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' . ., ,,„.„..1‘;‘, 4,3. - , ,. -•.‘ -- , Iv' .'''' . ; 7,3 4' . , ,- • " A'444,-,-t-:11.146: ; ' ft Ii. ' 4 "11 '.. ' 1 rrr- .,.. " , • r ' tVVfr :" ' 4,„ "4 ii'. ' .;' '.t 14' "-.• '''' 4%erfFS,, i4t*''. ': ''' '14 r 411 4A 1004. 0 044priirs--- - -4•4 __ - . .7 ''''I 1 $ r I -.' Attic44., F„....--11„,„ . wi.,1,-. ..„ 4„.....:...1. „1,„ = , , .,. .‘ - „. .... . , - . . ,, .,•;, - , 41 ,‘;‘,f-P ;,. _, ra 4, . ., ' '' Na.,....•*',,,,amb. Ne'`',.' r `,".6., 7,‘ "t.,,,..A- .....,iiir, .urbr iii r# ' i ' • 4-- cry-- ' •,- ' i,,,It k' i ___,C. ,e" =v.. .-5 . .,., .....,....,„: ,,..4 l" ' 'Ir-,.. 443 w:t 4 )4:1, , 1'4* ' 4-1* 4rr. i?k . , 4.. 43 if, . r" iitaa 4..j. 4 - 041 .,, in. . 0 Century Center 0 College Football Hall of Fame 0 Morris Performing Arts Center 0 Palais Royale Attachment 3-4 Public Arts&Entertainment Facilities ADA Barrier Priorites Facility 1.Accessible 2.Access to Goods and 3.Usability of Rest Rooms 4.Additional Access Approach/Entrance Services Long ramp requires railing on Interior doors may be Stall doors not operable with a No ADA Barrier Present both sides,handicapped inoperable to people with closed fist. parking spaces accessible to mobility issues,should be able vans need to be marked as to open w/a closed fist. such Signage mounted too high must be 60"from centerline to floor),also not up to code needs Braille,high contrast lettering,non-glare finish,etc.). No data available for Century Center accessibility of Controls 120 S.St.Joseph St. lightswitches,cabinets,toilet flush handles,etc).These should be checked.Elevator should indicate audibly when doors are opening&closing, and whether it's going up or down.Also needs an emergency intercom in case it gets stuck,with appropriate Braille and raised lettering. College Football Hall of Main entrance door is too No ADA Barrier Present Signs outside of bathrooms do Water fountains are not cane Fame heavy,exceeds 5lbf not have raised Braille,stall detectable,can not protrude 111 S.St.Joseph St.doors are not operable with a from the wall four or more closed fist inches Morris Performing Arts No ADA Barrier Present No ADA Barrier Present Toilet seat is 16 inches high, No ADA Barrier Present Center which is to short 211 N.Michigan St. No ADA Barrier Present No ADA Barrier Present Toilet seat is 16 inches high, No ADA Barrier Present O which is short.Also sign Palais Royale outside off door needs to be on 105 W.Colfax Ave.latch side,mounted on centerline 60 inches from floor Attachment 3-5 Public Parks 1r r! w.• r.t 2 j` t"'.e rt las.' .,ilk. { y 4' r t . F r. e'l fw 1nW#- w — i.T , st ..g. f ty o*4 h lilt, .;. 1; M r '_ k;- .s' re! g' r ` w r . x t Lei t• t II•`-;, s: - F 9 % `I..' 'k .ltij . , 1r"" y r, w'y 63 55 Y # k,R' 1 ;; f + 't . i' r.r •,.,1, ` . 41 7 4$. 1 rr +.. e >. 29 43 1• 5' L. 21 •,t t -9..„...,r...^ r ifi 1ti 'yz'+ ;C .y s e. rff 60 SD 45 7 . 234 a' 47 r'4-, r 11 i 61. ., r . 116;41.- r 5 i i:, e< 16 . 1.3 1t 4.0 ,6 r t egiis x t 34 18 ti3•7. 51 '..+. it r }+ r>f4 '`76 ,4, r '79 4 ' 57 361 3,,{ Fy t , 32 s '3_ r'r• 41 4.. rr, .. . ,. . ...4., 17 T 5 -.Jr fir r ''. r t.,,. ;.+'-. .1 ,..„_yr v 0 y*; it* p Ai.. r t ars. „ y" L 1 a V_.. .'-yq .. r, 1,`, KNr1r+ '' la's•~ r • jk-_` 1". 0 Blackthorn Golf Course eIBoland Park 0 Brownfield Park Elbel Clubhouse e Coquillard Park 0 City Cemetery Erskine Park Clubhouse Fredrickson Park East Race Trail Studebaker Golf Shop Fremont Park Gwen Stiver Memorial Park Howard Park Ice Rink Keller Park a Heiman Mini Park 8 Howard Park Senior Center Kelly Park 0 LaSalle Landing Park Kennedy Park Baseball Diamond S LaSalle Park 0 Marshall Park 0 Kennedy Park Pool 0 Muessel Grove Park 0 Nokomis Park 0 LaSalle Recreation Center 0 Pinhook Park Pavilion m Northside Blvd.Riverwalk SLeeper Park Tennis Courts Pulaski Park aParkovash Park Potawatomi Conservatory Rum Village Nature Center e Pier Park Potawatomi Pool a Seitz Park a Plaza Park Potawatomi Zoo S Southeast Neighborhood Park a Ponder Park Forester Stanley Coveleski Stadium 0 Randolph Mini Park Martin Luther King fr Center (1)Veteran's Park Ravina Park e Newman Center e Viewing Park J Riverside Manor Park O'Brien Fitness Center 0 Voorde Park 0 Riverside Park eParks Maintenance Facility 0 Walker Field Park 0' Shetterley Park 0 Parks and Recreation 0 Wheelock Park aSorin Park 0 Bellville Park 0 Booth Tarkington Park a Westhaven Park Boehm Park 0 Bowman Cemetery a Woodlawn Park Attachment 3-6 Public Parks ADA Barrier Priorites Facility 1.Accessible 2.Access to Goods and 3.Usability of Rest Rooms 4.Additional Access Approach/Entrance Services Spaces need to be Furnishings such as tables, Pictograms and symbols are Not applicable reconfigured to provide van- chairs,display racks,vending either not used to identify rest accessible spaces.There are machines,and counters need rooms or,if they are used,there currently no van-accessible to be moved to allow for more are no raised characters or spaces.Furnishings,partitions, room to the check-in counter.In braille included below them. or other obstructions need to be the rooms,furnishings and There is not a wheelchair- relocated to allow for at least 18 fixtures need to be rearranged accessible stall.The lavatory Blackthorn Golf Course inches of clear wall space on to clear aisles and to clear rim is higher than 34'.The 6100 Nimtz Pkwy. the pull side of the door,next to more room.The aisles between soap and other dispensers are the handle. fixed seatings are 3T wide too high.The mirror is too high. instead of the needed 36'.The tops of the tables are compliant but the height of the bar is not. The main counter is too high. Insufficient number of Suggestion box and red cabinet Require compliant signage for Fountain too high;replace if accessible parking spots: not cane detectable. restrooms.Approaches to possible,or else provide cup require 3 more(6 total)with Move/replace or put a cane restrooms are compliant,but dispenser of accessible cooler. appropriate signage and detectable barrier next to may be difficult for wheelchairs placement(i.e.closest to the obstacle(such as a planter or to navigate.It is compliant to entrance).One(1)must be van other large object)so the blind leave them,but if they can be accessible with signage and will know it's there.No fire reconfigured without undue stripes to indicate.All entrances alarms.Install the kind that hardship or financial wheelchair inaccessible as of flash.Make any signage commitment,they probably assessment,reconfigure at comply with code should be.All stalls are least one(1)entrance step into completely inaccessible.Make Ebel Park Golf Course a ramp. Pro Shop thresholds sure at least one in either bath 26595 Auten Road noncompliant.Beveled edges room is up to code/outfitted with must be no higher than'''A of an grab bars etc.Lower mirrors so inch.Replace thresholds or add that bottom edge is less than ramps.Doors with knobs 40`from the floor. inoperable for individuals with mobility issues,replace with lever or loop handles.Interior doors too heavy,any door with a closer must take 3 seconds to close. Handicapped parking spaces Interior doors too heavy or No ADA Barrier Present No ADA Barrier Present not closest to accessible otherwise inoperable entrance;no procedure in place(insufficient data,see above). to check/enforce parking. No data available for controls Exterior doors potentially too (light switches,cabinets,toilet heavy or otherwise inoperable; flush handles etc),not enough insufficient data(doors may knee space under tables to be Erskine Park Clubhouse have been locked,they strictly wheelchair accessible 4200 Miami Rd. apparently couldn't be opened (but may be de minimus;2' by the assessor.I believe they short on depth). may have been referring to the closed fist'test:i.e.the doors are inoperable to people with mobility issues). Attachment 3-7 Public Parks ADA Barrier Priorites Facility 1.Accessible 2,Access to Goods and 3.Usability of Rest Rooms 4.Additional AccessApproach/Entrance Services At the entrance,there is no The doors cannot be opened Accessible signs must be No ADA Barrier Present ramp,lift,or alternative with a force less than 5 Ibf. installed at inaccessible rest accessible entrance besides Need to install visible and rooms giving directions to the stairs.The door closers audible alarms for emergency accessible ones and accessible need to be adjusted,the hinges systems.Need to provide signs signage must be added and need to be oiled,and the door that have raised letters,Grade placed to the side of the door, closer needs to be adjusted so II Braille,and that meet all other 60"to the centerline.Needs to it takes at least 3 seconds to requirements for permanent be made clear whether close(it currently takes 2 room or space signage.Need pictograms or symbols are seconds). to review requirements for the used.Doors are not equipped legibility of directional and with accessible handles,48" O Studebaker Park Golf informational signs and then high or less.The entry Shop replace signs as needed. configuration does not provide 718 E.Calvert St. Chairs and tables need to be adequate maneuvering space rearranged to provide 36" for someone using a aisles.Tables need to be wheelchair.Need to add a rearranged to allow room for raised seat to the toilet seat. wheelchairs in seating areas The furnishing of the lavatory throughout the area.All or part must be rearranged.The of the tables or counters need lavatory must be replaced or to be lowered. adjusted.The soap dispensers must be lowered and the mirror must be lowered or tilted down. As of assessment,there is nary Inside,either the bench or Restrooms completely Apart from not being cane- a wheelchair ramp to be found. vending machine should be inaccessible.Must be at least detectible,water fountain There must be at least one relocated such that there is at one stall for each gender(or a otherwise compliant. accessible entrance into the least 36"between them.Water single one if bathroom is building.Additionally,there fountain not cane-detectable; unisex)with room to maneuver, needs to be at least one putting something large,like a grab bars,etc.Only compliant accessible entrance to the rink planter there would enable the items as of assessment are itself.It would be helpful to blind to know the fountain is faucets and soap dispensers. trace a route through the there.Fire alarms must visibly Bathrooms must be building from any accessible flash when active.Signs should reconfigured and signage parking spots,making notes to be 60"from the centerline to displayed. add ramps wherever the route the floor,mounted on the latch crosses a curb or steps. side of a door,and code Howard Park Ice Rink Parking spaces earmarked for compliant.The assessment 219 S.Saint Louis St. the disabled need to be stated that a number of reconfigured such that they are lockers/shelves were too high, situated as close as practicable but this may still be compliant, to accessible entrances.They so long as a reasonable must be painted appropriately, number are within reach(i.e. and display code-compliant can the person use the bottom signage.Signs should be locker effectively?).However, placed that direct people the lockers and vending toward accessible entrances as machine may be inoperable to well. individuals with mobility problems.Countertops are too high,must be between 28-34". Attachment 3-8 Public Parks ADA Barrier Priorites 1FacilityAccessible2.Access to Goods and 3.Usability of Rest Rooms 4.Additional Access Approach/Entrance Services Parking spaces earmarked for Space between wall and desk Restrooms require signage and No ADA Barrier Present the disabled need to be not compliant;need at least lighter or powered doors. reconfigured such that they are 36".Doorway into south room Otherwise 100%compliant. situated as close as practicable requires widening to at least to accessible entrances.They 32".Restroom doors too heavy, must be painted appropriately, cannot require more than 5 lbf and display code-compliant to open.Fire alarms must be signage.One space for every flashing kind.Any permanent eight(8)disabled spots must directional signage must be Howard Park Senior be van accessible,with brought up to code.Kitchen Center appropriate stripes and counter seemingly too high 604 E.Jefferson Blvd. signage.Signs should be (unless there is a lower placed that direct people auxiliary section available). toward accessible entrances as well.Entrance itself needs to be widened(32'minimum)and the door is too heavy.Install lighter door or add power assistance. Not all objects protruding into Not applicable Pictograms and symbols are Not applicable the circulation paths can be either not used to identify rest detected by a person with a rooms or,if they are used,there visual disability using a cane. are no raised characters or O Kennedy Park Baseballiamond parking There are nospots accavailable.essible braille included below them. There is not a wheelchair- 2700 Westmoor St.accessible stall.There are no grab bars.The distance from the floor to the bottom of the lavatory apron is too small. IMPORTANT!Since this Fire alarms must be the sort No ADA Barrier Present No ADA Barrier Present assessment was done,the law that flash when activated. has been updated,and Signage mounted a little too swimming pools now have their high and not up to code(Braille, Kennedy Park Pool own standards for compliance. raised lettering,etc.) 2700 Westmoor St. This was not an issue when the assessment was originally taken,but data should be gathered and adjustments made. Doors to entrance could not be All doors inside the building There are no signs to indicate No ADA Barrier Present opened with a closed fist cannot be opened with a closed where the accessible restroom fist is at inaccesible restroom. OCharles Black Signs mounted at accesible Recreation Center restroom does not have 3419 W.Washington St. pictorgrams or braille to indicate restroom.There is 28 inches from the ground to the bottom of lavatory apron. Sidewalk needed paving as of Interior doors inoperable to Restrooms need compliant No ADA Barrier Present assessment(parking lot some individuals with mobility signage.Not quite enough entrance).Green trash cans impairments(they should be room for wheelchair access placed in such a way as to able to be opened with a closed (needs to be 36'path to all obstruct entrance.Not enough fist).Obstacles along routes not fixtures),perhaps move privacy space on latch side of exterior detectable to individuals using wall toward lockers if door;requires powered and/or a cane(specifically the water possible/not unduly expensive. O Leeper Park Tennis automatic door opener. fountain,see§IV).Fire alarms Stall doors must be operable, Courts must flash when activated. inside&out,with a closed fist. 907 Riverside Dr. Directional signs too high Mirror mounted too high should be 60'from centerline (should have lower edge under to floor),and not up to code 40"). braille,raised lettering,etc.). No data present for controls light switches,cabinets,etc.), these should be at an accessible height. Attachment 3-9 Public Parks ADA Barrier Priorites Facility 1.Accessible 2.Access to Goods and 3.Usability of Rest Rooms 4.Additional AccessApproach/Entrance Services Ramps on lower level Assessor indicated plants No ADA Barrier Present No ADA Barrier Present potentially noncompliant:their needed to be trimmed back ratio is 1:8.It is,however,right from the walkways,and that fire on the line and the steepest alarms&emergency systems slope allowed under the law. needed to be made compliant The one at the entrance is also (i.e.the type of alarms with problematic because it covers flashing strobes).Assessor more than 30 inches of rise, indicated restroom signage was which requires a landing to be too glossy(this can be Potawatomi added.One parking space problematic for the visually Conservatory must additionally be designated impaired).Replace with 2105 Mishawaka Ave. as van-accessible(w/8'access something closer to a matte or aisles),and have signage eggshell finish.Other than indicating it as such. finish,signs compliant. Additionally,interior doors are too heavy.Lighter doors must be installed(or,alternatively,be made automatic or power- assisted). Railings need to be installed The tables protrude too much Need to add accessible Need to provide cup dispensers and ramps must have non-slip into public areas.Signs need to signage,placed to the side of for fountains with spouts that surface material put down.The be provided that have raised the door,60"to centerline.For are too high.Need to place a only accessible entrance is a letters,Grade II Braille,and that doorways and passages,if cane-detectable barrier on each service enterance.There are meet all other requirements for symbols are used,add side of water fountains at floor no signs indicating an permanent room or space supplementary verbal signage level. accessible entrance because signage.Legibility requirements with raised characters and there is no accessible entrance. for signs need to be reviewed braille below pictogram symbol. The threshold to the entrance is and signs should be replaced Need to replace stall door too high so a short ramp should as needed to meet the handles with lever or loop Potawatomi be put in. requirments for character size, handles. contrast,and finish.The tops of 2000 wall St. Pool the tables or counters are too high and should be lowered or auxiliary tables/counters should by provided.The counter and surrounding furnishings should be rearranged to create space to pass items.A call button needs to be provided. It would appear that there are Any directional or informational Signage should be posted No ADA Barrier Present spaces in the zoo which are sign on the interior of a building indicating where accessible open to the public but which should provide Braille,unless restrooms are.Other than that. lack suitable ramps. that sign is mounted up high restrooms compliant Unfortunately,there aren't any (greater than 80").If mounted measurements provided.The lower.and if the sign ADA mandates that any area designates a permanent area open to the public should have (say,a gift shop)the sign barriers removed to the should have Braille,raised maximum extent feasible;it lettering,or pictograms to aid Potawatomi Zoo may be helpful to trace a route the visually impaired.A sign 500 S.Greenlawn Ave. from the disabled spaces in the like that should be mounted parking lot,making a note to with its centerline 60"from the add ramps wherever the path ground,and on the latch side of crosses curbs or steps.• an entrance.Counters where cashiers are present,or where food is sold should be 36"from the ground or lower.If that is not feasible,a lowered section or portion would be helpful. Attachment 3-10 Public Parks ADA Barrier Priorites Facility1.Accessible 2.Access to Goods and .3.Usability of Rest Rooms 4.Additional Access ApproacWEntrance Services Ramps longer than 6'require Two(2)interior doors need Restroom signage inadequate, No ADA Barrier Present sturdy railings on either side, widening:the theater entrance otherwise restroom between 34"&38"high,and all and the east community room fixtures/stalls compliant ramps should be non-slip.Van entrance.Assessor notes accessible parking designated, several interior doors too heavy but needs appropriate signage. (Take fewer than 5 sec.to If no parking close/more than 5 lb.force to monitoring/enforcement open).Conference room door procedure is currently in place, inoperable with closed fist, Martin Luther King Jr. one ss e mtdeylet nd Center Signs shouldoulbdirectipeopleplemene . rFireplace alarmswith mustlever bestrobhae tle. ype 1522 W.Linden Ave. roward accessible entrances. that flash.Countertops too Secondary accessible entrance high.Directional signage not should be widened to 32" code compliant on the interior. minimum,if it is to be used. Exterior doors too heavy,need to be replaced with lighter doors or power assistance installed. As of assessment,there are no Many interior doorways too Restroom doom too heavy.No Water fountain should be 36"or ramps.There must be at least narrow(less than 32"opening), stalls accessible.No signage. less. one accessible entrance into too heavy(less than 5 lbs of Sinks,mirrors,and faucets the building which does not force to open,and inoperable inaccessible.Reconfigure require stairs.Assessor noted (fail"closed fisP test).Replace everything,such that you have that what stairs were present or retrofit.All thresholds must at least one handicapped stall were"crumbling".There are be a maximum of/.inch high available for either gender,with several exterior obstacles that (or if beveled,%inch).Replace grab bars,etc.But the soap are not cane detectable. noncompliant thresholds.Fire dispensers are compliant if you Number of designated parking alarms must be the type that want to leave them in. spaces adequate,but at least flash.Any signs identifying one must be van accessible, permanent rooms or facilities with appropriate stripes and must comply with statutory Newman Center signage.Also,extant spaces regs.Two light switches too 727 S.Eddy Street need to be reconfigured such high to reach from chair(54"or that they are closest to an lower). accessible entrance.The exterior entrance must be widened to atleast 32"clear. Exterior door also too heavy, andinoperable to individuals with impairments.Replace thumb latch with lever-style handle.Mats should have edges thoroughly secured,lest they become a tripping hazard. Signage should direct people to Some interior doors inoperable Floor to bottom of the lavatory Water fountain too high. accessible entrance. At least with closed fist,and also too apron is 22"should be at least one(1)parking space needs to heavy,lacking sufficient space 29" be made van-accessible(8 feet (at least 18"of clear space on wide,min.stripes painted to pull side).Assessor did not indicate as such,signage indicate which doors.Interior indicating van accessibility). signage requires Braille,but is O'Brien Fitness Center Anterior doors too heavy, otherwise compliant.Controls 321 E.Walter St. inoperable to people with at inaccessible height.Lift mobility issues,and one door difficult to operate had a brcomplianten closer as independently,also needs 30 x of the assessment.Assessor 48"of clear space in front of it didn't indicate which door. to be compliant.Stairs need non-slip surface. Attachment 3-11 Public Parks ADA Barrier Priorites Facility 1.Accessible 2.Access to Goods and 3.Usability of Rest Rooms 4.Additional AccessApproach/Entrance Services A ramp must be added since The door handles must be Accessible signs need to be No ADA Barrier Present the route of travel is interrupted replaced with lever or loop installed at the inaccessible rest by stairs.The route does not handles.There needs to be an rooms to give directions. meet the minimum requirement auxiliary table or counter Lighter doors need to be of 36"wide.Curb cuts must be provided and tables should be installed. installed.There are no spaces replaced or the tables should marked for accessible parking be raised. nor are there any drop-off 0 Parks Maintenance areas.The edges of the Facility carpeting or mats at the 1020 High St. entrance are not securely installed.There is an inaccessible door knob at the entrance that must be replaced with a lever or a loop handle. The doors are heavy and should probably be replaced with lighter ones. No ADA Barrier Present Not applicable Wheelchair-accessible stall is Not applicable 34"by 48"smaller than required 60"by 60".There are Bellville Park no grab bars in the accessible 1300 S.Mayflower Rd. stalls.Toilet seat is not high enough.Lavatory rim is 35" higher then required max of 34". Not all objects protruding into Not applicable Pictograms and symbols are Not applicable the circulation paths can be either not used to identify rest detected by a person with a rooms or,if they are used,there visual disability using a cane. are no raised characters or The ramps have a slope of 1 braille included below them. 1/4:12 instead of 1:12.Ramps There is no wheelchair are not non-slip.The clearance accessible stall(the dimensions Boehm Park available for parking spaces is are 36x48 which is not long 1600 Edison 6.5'instead of 8'. enough).There are no grab bars.The distance between the floor and the bottom of the lavatory apron is 28"which is 1" short of the minimum.The faucet should be replaced with paddle handles. Parking spaces are not wide Not applicable Pictograms and symbols are Not applicable enough for lift-equipped vans;a either not used to identify rest reconfiguration of spaces could rooms or,if they are used,there provide the adequate space are no raised characters or and the proper signage. braille included below them. There is not a wheelchair- CO Boland Park accessible stall.There are no 2800 Corpus Christi Dr. grab bars in the accessible stalls.Toilet seat is not high enough.There is not at least 29 inches from the floor to the bottom of the lavatory apron. COCoquillardPark Not Applicable Not Applicable Not Applicable Not applicable 1235 Chalfant Rd. Fredrickson Park Not Applicable Not Applicable Not Applicable Not applicable 1300 South Bend Ave. Fremont Park Not Applicable Not Applicable Not Applicable No ADA Barrier Present 1800 N.Fremont St. Attachment 3-12 Public Parks ADA Barrier Priorites Facility 1.Accessible 2.Access to Goods and 3.Usability of Rest Rooms 4.Additional Access Approach/Entrance Services There are no accessible Not applicable Pictograms and symbols are Not applicable parking spaces available either not used to identify rest rooms or,if they are used,there or Keller Park 1858 Riverside Dr. are no raised characters below th mbrailleincludedthem. There are no grab bars in the accessible stalls.The lavatory rim is higher than 34 inches. Kelly Park Not Applicable Not applicable UNDER CONSTRUCTION Not applicable 750 Howard St. LaSalle Park Not Applicable Not applicable Not Applicable Not applicable 162 N.Falcon St. No slopes,2-4"drop at edge of Not applicable Pictograms and symbols are Not applicable concrete.No accessible either not used to identify rest parking spots. rooms or,if they are used,there Muessel Grove Park are no raised characters or 1222 Wilber St. braille included below them. There are no grab bars in the accessible stalls. Enough designated parking Kitchen doorways too narrow, Assessor noted that there are No ADA Barrier Present spaces present,but at least must be at least a 32"opening. accessible bathrooms outdoors, one must be painted to reflect Interior doors(except coatroom but the ones inside lack that it is van accessible,and and one kitchen door)were accessible stalls/room to have signage that indicates that noncompliant as of last maneuver a wheelchair(need as well. assessment.Assessor noted either a 5'x 5',or a 48"x 691. they were all inoperable with a Grab bars must be added and closed fist(meaning people accessible stalls created,and with mobility issues wouldn't be this is going to require moving able to use them either.)These toilets or partitions as Pinhook Park Pavilion need to be replaced with lever necessary.Also,the mirrors 2801 Riverside Dr. or loop style handles.Fire need to be lowered such that alarms must be the sort that the bottom edge is a maximum flash when activated.Check of 40"from the floor. signage requirements and make any permanent signs code compliant.Kitchen countertops too high(411, should be between 28 and 34" high. Not Applicable Not Applicable Not Applicable Not applicable Pulaski Park 1308 Huron St. No designated parking Auditorium is problematic: Signs need to be posted on Water fountains compliant.but spaces/signage.Designate hallway outside too narrow(2 h latch side of door,not door assessor indicated more room spots closest to entrance,put inches short),not enough itself.Signs do not have could be made by moving up signs,and implement a space available for a pictogram or raided braille to obstructions out of the way policy to monitor cars that park wheelchair to make a U-turn. indetify restroom.Doors could there.Exterior doors too heavy. Not enough space on pull-side be problematic,may need Entrance door can not be of auditorium door(inside or levers on them.Stall doors Rum Village Nature opened with closed fist out),must be 18"minimum.No need levers on them to opened Center seating spaces for wheelchairs and closed with a closed fist. 2626 S.Gertrude St.aisles might be used,but No grab bar behind toilet.The some people find that floor to bottom of lavatory apron demeaning and might sue. height is too short.Soap and Better to make room.)towel dispensers are too high. Faucets cannot be operated with closed fist No ADA Barrier Present No signage is present to direct Not Applicable No ADA Barrier Present Seitz Park people to the public goods and 118 N.St.Joseph services.No railing is available on stairs Attachment 3-13 Public Parks ADA Barrier Priorites Facility 1.Accessible 2.Access to Goods and 3.Usability of Rest Rooms 4.Additional AccessApproach/Entrance Services Not all objects protruding into Not applicable Doors cannot be opened easily The drinking fountain has a the circulation paths can be but are propped open.clear space of 26"rather thanSoutheastNeighborhooddetectedbyapersonwithathe30by48needed.Park visual disability using a cane. Keasey St. There are no accessible parking spots available. Stanley Covelski Accessible aisles are not apart Concession counters too high, No ADA Barrier Present No ADA Barrier Present Stadium of the route to the acessible should be lower than 36" 501 W.South St. entrance Most travel routes are over Not applicable No pictograms or symbols used Not applicable grass.No accessible parking to identify restrooms.There is spaces. not a wheelchare accessible stall.Once an accessible stall is created,grab bars should be Veteran's Park installed as well.There are 24" 1621 Northside Blvd.rom the floor to the bottom of the lavatory apron instead of the 29"required.The faucet must be replaced with paddle handles. Viewing Park Not Applicable Not Applicable Not Applicable Not applicable Northside Blvd. Parking and drop-off areas:2 No ADA Barrier Present Restrooms are accessible No ADA Barrier Present accessible spaces.Spaces are except that the toilet seats are available for lift-equpped vans 16"in height,under the 17"-19" with 9'width and 9'vertical specified height. clearance).Access aisles are not part of the accessible route Voorde Park to the accessible entrance. 3433 Keller St. There are spaces marked with the International Symbol of Accessibility.There is enforcement that those using the accessible parking are those who need it. Need to add a ramp and repair Not applicable Pictograms and symbols are Not applicable uneven paving.There are no either not used to identify rest curb cuts and there are no rooms or,if they are used,there ramps.There are no accessible are no raised characters or parking spots. braille included below them. The doorway is less than 32"Walker Field Park clear.Restrooms have been2198S.Walnut St. locked for a long time and couldn't be opened after unlocking.The rest of the form is not filled out for restrooms. Slopes are 1.5:12 instead of Not applicable One outside handicap Not applicable Wheelock Park 1:12.There aren't any accessible rest room. 20400 Darden Rd. accessible spaces.The threshold edge is too high at 1". 0 Booth Tarkington Park Not Applicable Not Applicable Not Applicable Not applicable N.Hickory Rd.@ Hepler Bowman Cemetery Not Applicable Not Applicable Not Applicable Not Applicable 1630 Miami St. Brownfield Park Not Applicable Not Applicable Not Applicable Control for the water fountain is 1010 W.Angela Blvd. minuted on top of the spout City Cemetery Not Applicable Not Applicable Not Applicable Not Applicable Colfax St.@ Elm St. Street East Race Trail Not Applicable Not Applicable Not Applicable Not Applicable Angela Blvd.to'Niles Ave. Attachment 3-14 Public Parks ADA Barrier Priorites Facility 1.Accessible 2.Access to Goods and 3.Usability of Rest Rooms 4.Additional Access Approach/Entrance Services Sliver Memorial Not Applicable Not Applicable Not Applicable Not Applicable i Park N St Joseph St.@ Lasalle Ave. Heiman Mini Park Not Applicable Not Applicable Not Applicable Not Applicable E.Voll Ln. Lasalle Landing Park Not Applicable Not Applicable Not Applicable Not Applicable 2300 Portage Ave. O Marshall Park Not Applicable Not Applicable Not Applicable Not Applicable 1507 Byron Dr. CONokomis Park Not Applicable Not Applicable Not Applicable Not Applicable 341 Marquette Ave. Northside Blvd Not Applicable Not Applicable Not Applicable Not Applicable O Riverwalk Sample St.to Greenlawn Ave. Not Applicable Not Applicable Not Applicable Control for the water fountain is 0 2Parkovash77 ParkovasParkh Ave. minuted on top of the spout 0 Pier Park Not Applicable Not Applicable Not Applicable Not Applicable Island Park @ Century Center 0 Plaza Park Not Applicable Not Applicable Not Applicable Not Applicable 2800 Riverside Dr. Ponader Park Not Applicable Not Applicable Not Applicable Not Applicable 17772 Douglas Rd. O Randolph Mini Park Not Applicable Not Applicable Not Applicable Not Applicable Randolph St @ Sampson St. Ravina Park Not Applicable Not Applicable Not Applicable Not Applicable 1543 Dale Ave. 0 Riverside Manor Park Not Applicable Not Applicable Not Applicable Not Applicable 3811 Glenview Dr. Riverside Park Not Applicable Not Applicable Not Applicable Not Applicable 4060 Riverside Dr. COShetterley Park Not Applicable Not Applicable Not Applicable Not Applicable 1000-1150 Riverside Dr. O Sorin Park Not Applicable Not Applicable Not Applicable Not Applicable 3366 Sorin St. i Westhaven Park Not Applicable Not Applicable Not Applicable Not Applicable Sussex Dr.@ Grove St. O 166 Riversidewn Park Not Applicable Not Applicable Not Applicable Not Applicable 2166 Dr. O O'Brien Park Not Applicable Not Applicable Not Applicable PREF! 321 E.Walter St. Not Applicable Not Applicable Door handles are at 58 inches Water fountain is not cane from the ground,needs to be dectatectable Potawatomi Park 48 inches high or less,doors do no not open easily,too heavy,Mishawaka Ave.at floor to bottom of lavatory is 26GreenlawnAve.inches,must at least be 29 inches Route to park is not safe,gravel Not Applicable Pictograms and braille are not Not Applicable O Rum Village Park and grass path.No handicap used to identify bathrooms. Ewing Ave.at Gertrude accessible oarking available. Fllor to to bottom of lavatory St. apron is 28.5',which is too short Attachment 3-15 Public Parks ADA Barrier Priorites Facility Z.Accessible 2.Access to Goods and 3.Usability of Rest Rooms 4.Additional AccessApproach/Entrance Services Not Applicable Not Applicable Not Applicable Not Applicable Ryer Park 1564 Kenmore St. Attachment 3-16 PublicSafetyFacilites t- - , mkt-,3--. _ Ir . .i.,.Ar0. 3 y 1,,Zierkr.;.:"!1 It r..... i'l- *- • . •":..r: OP.,'"-- Al .44,......_, ' . — ..' su,.....L Ei17,,._-, • tict);....1, •,. . ,!-;,... - - 411111'5":4 I Le% 3(Q )`6,1! ; --.,---..---, 4,, f. , .4......,i _1'4.... .J.•0'''' ii,,t•••`.. Z.• 1.- •. t. . t-, . i ,,,_ . 114,, •rw 1 .461 •,"_IPIL. 1, ; . ..4.."...---.7 A,:r -, ,,.":-.;,,- _,.. -,-, ' ,• ., ---1- . ,;. • if - - ..- - _ .-- -:%, 1 ty ...,610 -. . ‘,„„,_ -slim. 1.,„ ,,$ 11,. ....- .. -.../.....,' 1..... 7....'., 7.. S . -' J*•44t.:h 4' 1.::.• '1.%:"..*:, s t r- f. , :, - .•._, .,- -,.... .7' '1to f. 1W.0. .... . -, ,..... r,4: 1. , i . , , • r. ...,..- ._. .• ,,.-..i. 1.' ''' , • .. ' N . . e1 .... . .,4,' il,i.,. '7.4.06 at , W,- ,-,:1..4. • ---2- '1-• - f - '•• ,-,":;,- 4 .,r - ,., - , • -. .., , -1 i. ...,.,,. . . 1-, r.:: i. 74, • * Kt - • t....„.1.1,4 ' ,; gi `. : Al. 4'' - 1141-- 4#:-.: 1'. . ' I- *- 4....... -. ' Z. :-''''o: - '-:". - - -,t ,t,,....e-- i',,, - '-, Y";.•. 7„ ' •.47'‘...7-7..:-..*'-r44.0„...,„11,.. t 4-*, 4/ • '-, t. ,..,,,,..... .A 4. 4.• .7.:41.Lu. 1 a- 4'. ' ••'''L v..... 7*' ,. .-!5.v. I ' r • ' Ya A t..,- , .,, • , ,..... .;..--- 1 ..-.-,- -, i t,or ••,- Z,, 1,'"' .... '.. - . . ,._'...1'.... •. , _Ir.E.; -._ ,-_ , s i , ...,..-..4--..! ..-4,‘.' ••.- ., i 1,;.,- . ..- _,.- ..,,,„,arak.„. ,,:,_ •.• :, ,,, .c:1-j,,..; r.•„:....--_.• - . -. . • .- 11C111. 111111Z"* v., t• , ,---rr '':;,-4-3; il -- . I r4. -.,- *, . 4... , 0 ,.. • • 10.1 ci %. ' IrOgjt .: ,, 71 ' ..% 4'..., 9, 4 - '••-,r,i .;-:::ji 1 - er L.: 1111,: c. ,- 4 • .. , . , lipik . • -- ..A.,-.-li.`4,, 47%-, 4.4,4,, so.t;14-. „sr '' a-,-ii- PI- 11-'1..'' -.: Tall t .1. ill. ''Z' If - •1, '. iir,.._, C,.. 1,-:er....‘-' - t'..-,.,.... iii... 1 e,... c,'-''''.. u. v ' ii 1,.'4,....,..-4,...z:i;:i6,..,:i••-T 1.1, #.'Ili, A: 7 -' ' In: )1/.00''• i ' .--.--- ''.....2'. '...-50'.',.;-_-•' Ak;dorm.: p:. ' a.. %'IV,•.' A0 • • -,. ;. i ••••;..-.: 16. iS..'F ,,ie...... t I, • vil4ft• .01... . 1 '.--.. - * ,:,..-•.*'• ---- '1";., rit 4cikips ,s44....• ,: ,-,. ‘-ii, .;„, i t '' 4. ... ELN t'li° --- '' ' l' i' ri ' ..iri4 • .....A .....i... r. 4- n2 , 11`,.,- A. • 111. ,1-*:Le4.11Esia. 'AXIL 1,3 . iro .. 4. `.. 4,77; , ' ', ,.. • 1.) ----_ , •- , 44.. ii.:'4. _klifiLkr.-- 411111::- '.. 711 41021051wr.Dr 1. ine O Central Fire Station 0 Fire Station,8 7 00FireStation,8 2 Fire Station,8 8 0 Fire Station,8 3 0 Fire Station,8 4 0 FireFireStation,9 n:rr10411::) 0 Fire Station,#5 Fire Station,8 11 0 Fire Station,#6 ED Fire Training Center 1) Police Department Attachment 3-17 Public Safety Facilities ADA Barrier Priorites 1.Accessible 2.Access to Goods andFacilityApproach/Entrance Services 3. Usability of Rest Rooms 4.Additional Access No signage to direct people to Some public levels in the Mirror in handicapped Water fountain too high to be accessible entrances. building are only accessible by accessible restroom installed detected by the blind. Central Fire Station Handicapped parking is not stairs.The elevator must too high. 1222 S.Michigan St enforced. provide an audible cue that it is ascending/descending and that the doors opening/closing Fire Station,#2 No signage to direct people to No ADA Barrier Present Not enough space in No ADA Barrier Present i© 402 re Sttin Luther King accessible entrances. Handicapped restroom stall to Blvd. Handicapped parking is not maneuver wheelchair. enforced. No accessible entrances to the Alarms must be able to flash. No designated restroom facility, No ADA Barrier Present building recorded.No Obstacles not cane detectable no signage,no stall,no grab wheelchair ramps present.No in hallways.Signage installed bars etc.Only complaint items handicapped parking present. too high,lacks appropriate in restroom are mirror and soap Fire Station,#3 Anterior doors too heavy,also Braille,and may not comply dispenser. 1805 McKinley Ave. inoperable to individuals with with legibility requirements. mobility issues and close too Controls(light switch,cabinets, fast for individuals to wheel etc)inaccessible/inoperable. themselves through. Tables/countertops not accessible. No curb cuts or ramps present Door handles inside station No designated restroom facility, Water fountain too high to be at appropriate places.Parking inoperable.Thresholds too no signage,no stall,no grab used. not designated,appropriate high,add ramps,replace,or bars etc.Nothing compliant or stripes not painted.Van bevel edges.Obstacles not accessible. accessible spots too far from cane detectable.Alarms must entrance,no signage present. be able to flash.Signs too high, System to monitor parking not in Braille,on wrong side of Fire Station,#4 should be implemented,after doors,and lack raised print. 220 N.Olive St. parking is designated.Add Controls inoperable. signage directing people to accessible entrance.Entrance thresholds too high;add ramp, replace,or bevel edges appropriately. Entrance not wide enough.But Interior doors and hallways also No accessible restrooms/stalls. No ADA Barrier Present only one inch short.If feasible, an inch short of compliance. Remedy ASAP. install different hinges so as to See if they can be be compliant.Low priority.No inexpensively finessed into Fire Station,#5 ramps present.No accessible, compliance.Thresholds too 2221 Prairie Ave. designated parking present. high. Improper alarms,need Remedy ASAP. flashing ones.Apparently no signage present anywhere. Inoperable controls(lights, cabinets,etc.) Entrance not wide enough,one Thresholds too high,improper No accessible restrooms/stalls. Fountains inaccessible, inch short.If feasible,install alarms,need flashing ones.No nonoperable faucets and soap nonoperable,and not cane different hinges so as to be signage present,inoperable dispenser.Mirror too high. detectable. Fire Station,#6 compliant.Low priority.No controls Remedy ASAP. 4302 Western Ave. ramps present.No accessible or designated parking present. Remedy ASAP. Attachment 3-18 Public Safety Facilities ADA Barrier Priorites 1 Facility 1.Accessible 2.Access to Goods and 3.Usability of Rest Rooms 4.Additional Access Approach/Entrance Services No curb cuts or ramps present. Inside thresholds too high, Restroom facility has Inaccessible/inoperable water Parking not designated, installed signage too high. accessible stall with bars,but fountain. appropriate stripes not painted. Require flashing alarm system toilet Is too low.Mirrors are too Van accessible spots too far and lower controls. high,and faucets and soap are from entrance,no signage inoperable.Needs signage present.System to monitor outside. parking should be 1616 Fire Station,# Ave. d 7 implemented. irecting Addpeopleto signage Portage accessible entrance.Entrance thresholds too high;add ramp,replace,or bevel edges appropriately. Anterior hallway an inch short of compliance,Widen if possible. Entrances need to be Route along interior of building No restroom access.Only No ADA Barrier Present significantly widened,objects too narrow,thresholds too high,compliant item is soap along route not cane alarms must flash when dispenser Fire Station,#8 detectable.No curb cuts or activated.No signage present 2402 Twykenham Ave. ramps present.No designated parking,no signage,and no enforcement policy present. Thresholds too high. No accessible entrances to the Doors too narrow.Thresholds No designated,accessible No ADA Barrier Present building recorded.No curb too high,paths too narrow.Fire restrooms in building cutslwheelchair ramps present. alarms must flash.No 2520 Mishawaka Ave. No handicapped parking directional signage present. present.No Signage. Inoperable controls Thresholds too high,inoperable doors. No curb cuts/wheelchair ramps No ADA Barrier PresentNo ADA Barrier PresentNo ADA Barrier Present present. Parking needs stripes Fire Station,#10 painted and signs hung. 5303 York Rd. Enforcement policy should be devised8 implemented. No curb cuts/wheelchair ramps No ADA Barrier Present No ADA Barrier Present No ADA Barrier Present present.No handicapped Fire Station,#11 parking present.Bathroom 3505 N.Bend Ave. signage needed.Water fountain inaccessible. No ADA Barrier Present No ADA Barrier PresentNo ADA Barrier PresentPhone is not hearing-aid compatible.Does not specifiy how many phones are in the Fire Training Center building.If there are four or 710 E.Sample St. more,one must be equipped with a text telephone that is identified by accessible signage bearing the International TDD symbol. Within the Parking and Drop-off No ADA Barrier Presert The doors are not easily No ADA Barrier Present areas,the access aisles are not opened.Closers should be Part of the accessible route to adjusted or replaced,lighter Police Department 701 W.SampleSt. the accessible entrance.Need doors should be installed,or 18'of clear wall space on the power-assisted or automatic pull side of the door,next to the door openers should be handle. installed.The mirror needs to be lowered or tilted down. Attachment 3-19 2018 UPDATE TO ADA TRANSITION PLAN OF 2013 AND TITLE VI PLAN: NON-DISCRIMINATION IN CITY SERVICES,PROGRAMS,&ACTIVITIES UNDER CIVIL RIGHTS ACT OF 1964 ATTACHMENT 4-A: TITLE VI VOLUNTARY PUBLIC INVOLVEMENT SURVEY FORM (ENGLISH) VOLUNTARY TITLE VI PUBLIC INVOLVEMENT SURVEY As a recipient of federal funds,the Indiana Department of Transportation(INDOT)is requiring cities and other local agencies to develop a procedure for gathering statistical data regarding participants and beneficiaries of its federal-aid highway programs and other city services,programs,and activities(23 CRF 200.9(b)(4)).The City of South Bend is distributing this voluntary survey to fulfill that requirement to gather information about the populations affected by proposed projects and by all city programs. You are not required to complete this survey.Submittal of this information is voluntary.This form is a public document that the City of South Bend will use to monitor its programs and activities for compliance with Title VI and the Civil Rights Act of 1964,as amended and its related statutes and regulations.These laws protect citizens from government discrimination in services,programs,and activities based on race,color, gender,national origin,age,disability,religion,income status,or Limited English Proficiency(LEP). If you have any questions regarding the City of South Bend's responsibilities under Title VI of the Civil Rights Act of 1964 or the Americans with Disabilities Act,please contact Aladean DeRose,ADA/Title VI Coordinator,1200 County-City Building,South Bend,IN,46601,aderose@southbendin.gov. You may return the survey by folding it and placing it on the registration table or by mailing or e-mailing it to the address below. Date: Project/Program Name: Proposed Project or Program Location: Gender: Female Male Ethnicity: r Hispanic or Latino Not Hispanic or Latino Race: (Check one or mor it, American Indiana or Alaska Native Asian Native Hawaiian or Other Pacific Islander White Black or African-American Multiracial Age:Disability: 1-21 22-40 1:1Yes 1241-65 El65+ No Household Income: 0$0-512,000 0 512,001-524,000 13 524,001-536,000 36,001-$48,000 1:1 548,001-560,000 60,001+ Aladean DeRose,ADA/Title VI Coordinator 1200 County-City Building South Bend,IN,46601 574)235-9241 aderose@southbendin.gov Attachment 4-A 2018 UPDATE TO ADA TRANSITION PLAN OF 2013 AND TITLE VI PLAN: NON-DISCRIMINATION IN CITY SERVICES,PROGRAMS,&ACTIVITIES UNDER CIVIL RIGHTS ACT OF 1964 ATTACHMENT 4-B: TITLE VI VOLUNTARY PUBLIC INVOLVEMENT SURVEY FORM (SPANISH) ENCUESTA VOLUNTARIA DE PARTICIPACION PUBLICA DE TITULO VI Como beneficiario de fondos federales,el Departamento de Transporte de Indiana(INDOT)este.requiriendo que las ciudades y otras agencias locales desarrollen un procedimiento para reunir datos estadisticos sobre los participantes y beneficiarios de sus programas de autopistas de ayuda federal y otros servicios,programas,y actividades de la ciudad 23 CRF § 200.9(b)(4)).La ciudad de South Bend este.distribuyendo esta encuesta voluntaria para cumplir con ese requisito para reunir informacion sobre las poblaciones afectadas por los proyectos propuestos y por todos los programas de la ciudad. No esti obligado a completar esta encuesta.La presentacion de esta informacion es voluntaria.Este formulario es un documento publico que la ciudad de South Bend usara para monitorizar sus programas y actividades para cumplir con el Titulo VI y la Ley de Derechos Civiles de 1964,en su forma enmendada y sus estatutos y reglamentos relacionados. Estas leyes protegen a los ciudadanos de la discriminacion del gobierno en servicios,programas,y actividades basadas en la raza,el color,el gonero,el origen nacional,la edad,la discapacidad,la religion,el estatus de ingreso o la habilidad limitada del ingles(LEP). Si usted tiene alguna pregunta acerca de las responsabilidades de la ciudad de South Bend bajo el Titulo VI de la Ley de Derechos Civiles de 1964 o la Ley de Americanos con Discapacidades, por favor comuniquese con Aladean DeRose, ADA/ Coordinadora de Titulo VI, 1200 County-City Building, South Bend, IN, 46601, aderose@southbendin.gov. Puede devolver la encuesta al doblarla y colocarla en la mesa de registro o por correo o por correo electronico a la direccion que aparece a continuacion. Fecha: Nombre del proyecto/programa: Proyecto propuesto o ubicacion del programa: Genero: Femenino Masculino Etnicidad: Hispano o latino No hispano o Latino Raza: Indio Americano o Nativo de Alaska Asiatico P1 Nativo de Hawai u otro isla del pacifico I ] Blanco Negro o Afroamericano n \lultirracial Edad:Discapacidad: 1-21 n 22-40 n ,,i 41-65 65+ Ingreso familiar: SO-$12,000 12,001-$24,000 0$24,001-536.000 536,001-548,000 548,001-$60,000 60,001+ Aladean DeRose,ADA/Coordinadora de Titulo VI 1200 County-City Building South Bend,IN,46601 574)235-9241 Correo electronico:aderose@southbendin.gov Attachment 4-B 2018 UPDATE TO ADA TRANSITION PLAN OF 2013 AND TITLE VI PLAN:NON-DISCRIMINATION IN CITY SERVICES,PROGRAMS,&ACTIVITIES UNDER CIVIL RIGHTS ACT OF 1964 ATTACHMENT 5: I-SPEAK CARDS 2004Census Census 2010 Test LANGUAGE IDENTIFICATION FLASHCARD El cp.,moi ,::,.1-;;,i Ukt"3 ,aS 13 t.,,.oll i:,a 49 a-0Slc 1. Arabic 0 l ,rnLf Li..r-",Zntf Itw u,w[IL,g W Ju ,rwrtwltnt Lin LLr, 6i6 tununif 4Wf Itu,rrnntf b.? 4.u,J6r61.1: 2. Armenian 111 1l°fR -1 °IT f i1 < of i V 2cc1 aic4,.-1 -15.i 1 ict I 3. Bengali CI 1 flitliuurripngnipuutso 1SSl1iins tIstinumihn tqi 1 4. Cambodian Motka i kahhon ya yangin untungnu'manaitai pat untungnu'kumentos Chamorro. 5. Chamorro CI tAM(1 itit'3cai#' '3C, lt0.1ftWo 6. Simplified Chinese 4QTTI\AR X , ft 0 C 7.Traditional CI Oznaite ovaj kvadratic ako citate ili govorite hrvatski jezik. 8.Croatian I III Zaskrtnete tuto kolonku,pokud ctete a hovoi`ite cesky. 9. Czech Kruis dit vakje aan als u Nederlands kunt lezen of spreken. 10. Dutch Mark this box if you read or speak English.11. English CI L Ii tr°J,I ,.t":...,-11.L5-.Ju',...i.---;9 I SSI 12. Farsi DB-3309 U.S.DEPARTMENT OF COMMERCE Economics and Statistics Administration U.S.CENSUS BUREAU Attachment 5 Attachment 5-2 El Cocher ici si vous lisez ou parlez le francais. 13. French 111 Kreuzen Sie dieses Kastchen an,wenn Sie Deutsch lesen oder sprechen. 14. German ErnµEutha'te auto to ttXai6Lo av S1a(3a(c-rE ij uXatE EXXgvLKa. 15. Greek 16. Haitian Make kazye sa a si ou li oswa ou pale kreyol ayisyen. Creole 111 3- 77 3TTcr ufT 1-1q k c e th- cT f c s+i i Y I 17. Hindi Kos lub voj no yog koj paub twm thiab hais lus Hmoob. 18. H m o n g Jelolje meg ezt a kockat,ha megerti vagy beszeli a magyar nyelvet. 19. Hungarian Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. 20. Ilocano El Marchi questa casella se legge o parla italiano. 21. Italian HS AShiv/c=.,J. a0t'o AOIac c I`EI7 igIj-C<E6 `o 22. Japanese I 1 O1z 21711-1- zs T 9O1xl 01 }ofl RA]o}'ti Ai-2-. 23. Korean Ztntny) u1 o u uiiu6-14l9nui no.24. Laotian Prosimy o zaznaczenie tego kwadratu,jezeli posiuguje sic Pan/Pani 25. Polish jgzykiem polskim.DB- 3309 U.S.DEPARTMENT OF COMMERCE Economics and Statistics Administration U. S.CENSUS BUREAU Assinale este quadrado se voce le ou fala portugues. 26. Portuguese Insemnati aceasta casu*a daca cititi sau vorbiti roman§te.27. Roma n i a n HoMeTbTe 3TOT KBaApaTHx, ec.mn Bbl 'THTaeTee HJiH ronopwTe no-pyccKH. 28. Russian O6emexcHTe osaj xsagpaTHh yxomIctKO tIHTaTe HnH rosopwre cpncKH je314x. 29. Serbian Oznacte tento stvorcek,ak viete citat'alebo hovorif po slovensky. 30. SI ova k Marque esta casilla si lee o habla espanol. 31. Spanish Markahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. 32.Ta g a I o g El li nit i n Na ua uroo n vi uti3uuio Fln rr"lnu. 33.Thai Maaka'i he puha ni kapau 'oku ke lau pe lea fakatonga. 34.Tongan 111 BiJ MiTbTe rpo xniTHxxy,511c1;0 BH LrwraeTe a6o rosopwre yxpa Hcbxoto MOBOlO. 35. U k ra n i a n J` 6L:J "'t1.1:_lrl;VrLija.%3)ilh., If 36. Urdu Xin danh dau vao o nay neu quy vi biet doc va not dttdc Viet Ngii. 37. Vietnamese v>7>rc 1.7rv1 11,7' oTv»5 11N 3>IN 5vvvp ov7 v»»Sxz 38.Yiddish DB-3309 U.S.DEPARTMENT OF COMMERCE Economics and Statistics Administration Attachment 5-3 U.S.CENSUS BUREAU 2018 UPDATE TO ADA TRANSITION PLAN OF 2013 AND TITLE VI PLAN: NON-DISCRIMINATION IN CITY SERVICES,PROGRAMS,&ACTIVITIES UNDER CIVIL RIGHTS ACT OF 1964 ATTACHMENT 6: CONTRACT ASSURANCES UNDER TITLE VI Title VI Assurance—General During the performance of this contract, the contractor, for itself, its assignees and successors in interest(hereinafter referred to as the "contractor")agrees as follows: 1. Compliance with Regulations:The contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter "FHWA") Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, and low income in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of! Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, and low income. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations,and directives issues pursuant thereto,and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of South Bend("South Bend"), Indiana or the Indiana Department of Transportation("INDOT")or to the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to South Bend, Indiana or INDOT or the FHWA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, South Bend, Indiana shall impose such contract sanctions as it or INDOT or the FHWA may determine to be appropriate,including but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation,termination or suspension of the contract, in whole or in part. City of South Bend,St.Joseph County, IN.Title VI Nondiscrimination Plan and Policy Attachment 6 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by Regulations, or directives issued pursuant thereto. The contractor shall take such actions with respect to any subcontract or procurement as South Bend, Indiana or INDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier as a result of such direction,the contract may request South Bend, Indiana to enter into such litigation to proceed the interests of South Bend, Indiana and, in addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. City of South Bend, St.Joseph County, IN.Title VI Nondiscrimination Plan and Policy Attachment 6-1 2018 UPDATE TO ADA TRANSITION PLAN OF 2013 AND TITLE VI PLAN: NON-DISCRIMINATION IN CITY SERVICES,PROGRAMS,&ACTIVITIES UNDER CIVIL RIGHTS ACT OF 1964 ATTACHMENT 7: CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses shall be included in all deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the assurances required by Title VI: Granting Clause) NOW, THEREFORE,the U.S. Department of Transportation, as authorized by law, and upon the condition that the City of South Bend, St.Joseph County, Indiana("South Bend")will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code of Federal Regulations, the Regulations for the Administration of the Federal Aid Highway Programs and the policies and procedures prescribed by the FHWA, also in accordance and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the U.S. Department of Transportation and Title 23 Code of Federal Regulations, Part 200,Title VI Program and Related Statutes(hereinafter referred to as the Regulations)pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. § 200d to 2000d-4), does hereby remise, release, quitclaim and convey unto South Bend, Indiana all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. Habendum Clause) TO HAVE AND TO HOLD said lands and interests therein unto South Bend, Indiana and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on South Bend, Indiana, its successors and assigns. South Bend, Indiana, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself,its successors and assigns, that(1)no person on the grounds of race,color,national origin, sex,age,disability,or low income be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that South Bend, Indiana shall use the lands and interests in lands and interests in the land so conveyed, in compliance with all requirements imposed by or pursuant to Title 49,Code of Federal Regulations, U.S. Department of Transportation, Subtitle A,Office of the Secretary, Part 21 Nondiscrimination in Federally assisted programs of the U.S. Department of Transportation,Effectuation of Title VI of the Civil Rights Act of 1964,Title 23 Code of Federal Regulations, Part 200, Title VI Program and Related Statutes - Implementation and Review Procedures, and as said Regulations and Acts be City of South Bend, St. Joseph County, IN.Title VI Nondiscrimination Plan and Policy Attachment 7 amended [, and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department shall have a right to enter or re-enter said lands and facilities on said land, and the above described land and facilities will thereon revert to and vest and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* Reverter clause and related language to be used only when it is determined that such a clause is necessary order to make clear the purpose of Title VI.) City of South Bend, St.Joseph County, IN.Title VI Nondiscrimination Plan and Policy Attachment 7-2 2018 UPDATE TO ADA TRANSITION PLAN OF 2013 AND TITLE VI PLAN: NON-DISCRIMINATION IN CITY SERVICES,PROGRAMS,&ACTIVITIES UNDER CIVIL RIGHTS ACT OF 1964 ATTACHMENT 8: CLAUSES FOR REAL PROPERTY ACQUIRED OR IMPROVED UNDER PROGRAM CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,FACILITY,OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the City of South Bend, Indiana("South Bend"): A. The (grantee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this(deed, license, lease, permit, etc.) for a purpose for which a U.S.Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits,the(grantee, licensee, lessee, permittee, etc.)will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations, as may be amended, such that no person on the grounds of race, color, national origin, sex, age, disability,or low income will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above nondiscrimination covenants, South Bend, Indiana will have the right to terminate the(lease, license, permit,etc.) and to enter, re-enter, and repossess said land and the facilities thereon, and hold the same as if the(lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above nondiscrimination covenants, South Bend, Indiana shall have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of South Bend, Indiana and its assigns.* The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by South Bend, Indiana: A.The(grantee, licensee, lessee,permittee, etc., as appropriate) for himself,his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree(in the case of deeds and leases add "as a covenant running with the land")that(1)no person on the ground of race, color, national origin, sex, age,disability, or low income shall be excluded from participation in, denied the benefits,of,or be otherwise subjected to discrimination in the use of said facilities, (2)that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color,national origin, sex, age,disability, low income, or limited English proficiency will be excluded from participation in, denied the benefits of,or City of South Bend,St.Joseph County, IN. Title VI Nondiscrimination Plan and Policy Attachment 8 otherwise be subjected to discrimination, (3)that the(grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as may be amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above nondiscrimination covenants, South Bend, Indiana shall have the right to terminate the (license, lease,permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said(license, lease, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above nondiscrimination covenants, South Bend, Indiana shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of South Bend, Indiana and its assigns.* Reverted clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) City of South Bend, St.Joseph County, IN.Title VI Nondiscrimination Plan and Policy Attachment 8-2 2018 UPDATE TO ADA TRANSITION PLAN OF 2013 AND TITLE VI PLAN: NON-DISCRIMINATION IN CITY SERVICES,PROGRAMS,&ACTIVITIES UNDER CIVIL RIGHTS ACT OF 1964 ATTACHMENT 9: CITY GRIEVANCE POLICY CITY OF SOUTH BEND,INDIANA GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT(ADA)AND TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 The City of South Bend, Indiana, in accordance with the Americans with Disabilities Act ADA") and with Title VI of the Civil Rights Act of 1964 (Title VI) has adopted this Grievance Procedure to insure prompt and equitable resolution of complaints alleging discrimination based on disability and/or on race, color national origin, sex, age, or income status and English proficiency in the provision of programs, services, benefits, or activities provided by the City of South Bend. Employment related claims of disability or other stated bases for discrimination are governed by the City's Personnel Policies. South Bend is prohibited from retaliating against any individual because he/she opposed an unlawful policy or practice, filed charges, testified, or participated in any complaint action under the ADA, Title VI, or any other non-discrimination law. The steps in the city of South Bend's Grievance Procedure are as follows: 1. File written Complaint using South Bend's form (attached) no later than 60 calendar days after the date of the violation. Information must include: Name, address, phone number, e-mail (if applicable) of person filing the grievance. Name, address, phone number, e-mail (if applicable) of person alleging grievance on behalf of someone else. Date and approximate time violation occurred. Narrative description of the violation Remedy or desired City corrective action The complaint should be submitted to: ADA/Title VI Coordinator, City of South Bend Legal Department 227 W. Jefferson Blvd., Suite 1200 South Bend, IN 46601 Alternative means of filing Complaints such as personal interviews or a tape recording of the Complaint will be made available upon request for persons with disabilities.Assistance Attachment 9 will also be provided for persons with limited English proficiency upon request. The South Bend ADA/Title VI Coordinator phone number is(574)234-9241. 2. South Bend's ADA/Title VI Coordinator will acknowledge the Complaint with 21 days from date of filing. The ADA/Title VI Coordinator may meet with Complainant to discuss the Complaint and explore informal resolution to the problem. 3. If informal resolution is not reached, then within 30 days after initial response under Step 2, the ADA/Title VI Coordinator or Designee will respond in writing, and where appropriate, in a format accessible to the Complainant such as large print, or audio tape. The response will explain City's position and offer options for resolution of the Complaint. 4. If the ADA/Title VI Coordinator's response does not satisfactorily resolve the issue, the Complainant and/or his/her designee may appeal that decision. This appeal should be made to the Board of Public Works President or designee within 15 days after receipt of the response of the ADA Coordinator, and this appeal request must be made in writing. 5. The Board of Public Works President or designee shall meet with the Complainant within 15 days after receipt of the appeal to discuss the complaint and possible resolutions. 6. Within 15 days after that meeting, the Board Public Works President or designee will respond in writing, and, where appropriate, in a format accessible to the Complainant, with a final resolution of the complaint. All written Complaints received by the ADA/Title VI Coordinator or designee or appeals to the Public Works Director or designee will be retained by the City of South Bend for a period of three years. It is recommended that you retain a copy of your complaint form for your personal records. Please remember to SIGN YOUR COMPLAINT form. Attachment 9-2 201$ UPDATE TO ADA TRANSITION PLAN OF 2013 AND TITLE VI PLAN:NON-DISCRIMINATION IN CITY SERVICES,PROGRAMS,&ACTIVITIES UNDER CIVIL RIGHTS ACT OF 1964 ATTACHMENT 10: CITY GRIEVANCE FORM ADA/TITLE VI GRIEVANCE FORM CITY OF SOUTH BEND,INDIANA Today's Date: Complainant Identification (name): Address: City, State, Zip: Telephone: E-mail: Individual Discriminated Against: If Different from Complainant) Address: City, State, Zip: Telephone and E-mail: Alleged Violation: Date(s)&Approximate Time of Occurrence: Detailed Description of Violation and City Department Involved: Requested Action by City to Correct Violation: Has Complaint been filed with State or Federal Agency: Yes No Name of Agency: Date Filed Contact Person: Signature; Attachment 10 If there are witnesses, please list names and addresses separately. You may also use this space to add other information if needed. Attachment 10-2 LAWRENCE P. MAGLIOZZI EXLCU3 16E DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 December 5, 2018 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building DEC 0 5 2018 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: 2610 E. Jefferson Boulevard APC# 2884-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your December 10th,2018 Council meeting, and set it for public hearing at your January 28th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the January 15th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sin rely, Jor an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C OU N T Y IND IA N A.COM/A R E A PLAN BILL NO. 69-18 Filed in Clerk's Office BILL NO. 69-18 DEC 05 2018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK, SOUTH BEND. IN AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2610 EAST JEFFERSON BOULEVARD, COUNCILMANIC DISTRICT NO.3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from OB to MF1 and seek a Special Exception Use for a group residence. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A part of the Northeast Quarter of the Southwest Quarter of Section 8, Township 37 North, Range 3 East, St. Joseph County, Indiana, lying North of the right-of-way of the Grand Trunk Western Railroad, now within and a part of the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 62.5 feet South and 971. 57 feet West of the Northeast corner of said Quarter-Quarter Section, said point being the intersection of the South line of Jefferson Boulevard with the West line of a 13 foot public alley; thence South 90°00'00" West along said South line of Jefferson Boulevard, 141.50 feet to the intersection of said South line with the East line of 26th Street; thence South 00°02'00" East along said East line 157.65 feet; thence North 90°00'00" East, 141.50 feet to the West line of a 13 foot public alley; thence North 00°02'00" West, along said West line 157.65 feet to the place of beginning. EXCEPTING THEREFROM, A part of the Northeast Quarter of the Southwest Quarter of Section 8, Township 37 North, Range 3 East, St. Joseph County, Indiana, lying North of the Right-of-Way of the Grand Trunk Western Railroad, now within and a part of the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 62.5 feet South and 1064.07 feet West of the Northeast corner of said BILL NO. 69-18 Quarter-Quarter Section, said point being 92.50 feet West of the intersection of the South line of Jefferson Boulevard with the West line of a 13 foot public alley; thence South 90°00'00" West along the South line of Jefferson Boulevard, 48.90 feet to the intersection of said South line with the East line of 26th Street; thence South 00°02'00" East along said East line 157.65 feet; thence North 90°00"00" East 59.30 feet; thence North 00°02'00"West 72.45 feet; thence South 90°00'00" West, 10.40 feet; thence North 00°02'00" West, 85.20 feet to the place of beginning. be and the same is hereby established as MF 1 Urban Corridor Multifamily District. SECTION II. That a Special Exception Use for a group residence in a MFJ Urban Corridor Multifamily District is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City of South BendIndiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 2610 East Jefferson Boulevard Filed in Clerk's Office South Bend, Indiana 46615 2) The property Tax Key Number(s)is/are: 018-6139-4715 mc 0 5.2010_ 3) Legal Descriptions: See Attached Kp,REEHIIAH FOWLER CITY CLERK,SOUTH BEND,Ih! 4) Total Site Area: 13,836.39 square feet: 0.318 acres 5) Name and address of property owner(s)of the petition site: Richard D. Patterson Think Big LLC, an Indiana limited liability company 2610 East Jefferson Boulevard South Bend, Indiana 46615 574 271-1771 drdougpatterson@gmail.corn Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Tia Corp., a Michigan corporation 121 Capital Avenue N.E. 1 Battle Creep Michigan 49017 269 704-7563 spowell@rehabadmin.com Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: Choose current zoning district OB Office Buffer District k.-4 'J To: MF1 Urban Corridor Multifamily District NOV 29 2018 8) This rezoning is requested to allow the following use(s): Group Residence AREA PL-\N C: A. licaUon4 3V-I Q IF VARIANCE(S) ARE BEING REQUESTED (if not,please skip to next section): 1) List each variance being requested. Contact Commission Staff ifyou need assistance with wording. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: Please explain how your variance petition addesses this criteria b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Please explain how your variance petition addesses this criteria c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) The Special Exception Use(s)being requested: Group Residence 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: There will be no changes to the exterior of the building or parking lot and the public will not be affected by the new use. b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The adjacent area is multi family and residential in use, which is the intended use of this property. Therefor the use and value of the adjacentproperties will not be affected c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: The surrounding properties are residential in nature as is the proposed use of this property d) The proposed use is compatible with the recommendations of the Comprehensive Plan.As residential in nature, the property is compatible with the Comprehensive Plan In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Edward M. Fisher 303 East Third Street Mishawaka, Indiana 46544 574)255-8377 fishersurvey@aol.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s), or signature of Attorney for all property owner(s): tC& f.3,7-i". e,ik - NOV 2 9 2018 AREA PLIN CC 4,!,-;e1;:,,iiKApplicationtreAni EXHIBIT"A" A part of the Northeast Quarter of the Southwest Quarter of Section 8, Township 37 North, Range 3 East, St. Joseph County, Indiana, lying North of the right-of-way of the Grand Trunk Western Railroad, now within and a part of the City ofSouthBend, Indiana, more particularly described as follows: Beginning at a point 62.5 feet South and 971.57 feet West of the Northeast corner of said Quarter-Quarter Section, said point being the intersection of the South line of Jefferson Boulevard with the West line of a 13 foot public alley; thenceSouth90°00'00"West along said South line of Jefferson Boulevard, 141.50 feet to the intersection of said South line with the East line of 26th Street; thence South 00° 02'00" East along said East line 157.65 feet; thence North 90° 00'00" East,141.50 feet to the West line of a 13 foot public alley; thence North 00°02'00"West, along said West line 157.65 feet to theplaceofbeginning. EXCEPTING THEREFROM, A part of the Northeast Quarter of the Southwest Quarter of Section 8, Township 37 North,Range 3 East, St. Joseph County, Indiana, lying North of the Right-of-Way of the Grand Trunk Western Railroad, now within and a part of the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 62.5 feet South and 1064.07 feet West of the Northeast corner of said Quarter-Quarter Section, saidpointbeing92.50 feet West of the intersection of the South line of Jefferson Boulevard with the West line of a 13 foot public alley; thence South 90°00'00"West along the South line of Jefferson Boulevard, 48.90 feet to the intersection ofsaidSouthlinewiththeEastlineof26thStreet;thence South 00°02'00" East along said East line 157.65 feet; thenceNorth90°00"00" East 59.30 feet; thence North 00°02'00"West 72.45 feet; thence South 90°00'00"West, 10.40 feet;thence North 00°02'00"West, 85.20 feet to the place of beginning. Property Address Reference: 2610 East Jefferson Boulevard, South Bend, IN 46615 Filed in Clerk's Office DEC 052018 KAREEMAH FOWLER CIN CLERK,SOUTH BEND,IN A v., NOV 29 2018 AREA P'..N: r " This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by First American notvalidwithouttheNotice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schtedule B,Part II—Requirements Schedule B, le Insurance Company. This CommitmentsPartll—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association.All rights reserved.The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMER ICANALTAmembersingoodstandingasofthedateofuse.All other uses are prohibited.LAND uric Reprinted under license from the American Land Title Association. 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M. i,g' 0ti..) z I 0 0 UW W I W1 a \ bN WO 0 N 0-6-,,sty J I w F- LU z 0 p. n N0I Wi—z v) 0 d OM oil ° 0 NI QLi) a 0_C1W wwoOsao'oa\ o^ W o i,,,,..1mdo' I N 7 p o10 0 z I p >> C O — p OO F- 0 O L 0 Z 30N33 ),OVAIacIO 1: 1- CD Wa csi H. 0 0 A - PsYcY/ 00.20.00 'N NY I D OZ r2:3 i, i0 O o-ryoi o o + z Z cn O+ M „00 20.00 'N o o ONIG lll8 i Ld v o °a o S2j08HOII1N 0 0 p O z 10 m O O>id JS2l08HOI N b I I w a Z V. a J J CC 0 Z d V Z w o, P I- v z 1:rIVNJIS0133YN10a D m vo 0 59•LcL y° jo U U LU I Q ISd3 „00,20.00 HIf10S 0 - a z ct W W O O 10 H15OEO w D_a Z m aI noZIM/ 09 1]] 1S HIXIS-/L1N]M1 Q 00 zCDQO - I L LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Di rector AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 December 5, 2018 Filed in Clerk's Office Honorable Common Council DEC 0 5 20184thFloor, County-City Building South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: 131 Chapin Street APC#2885-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your December 10th,2018 Council meeting, and set it for public hearing at your January 28th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the January 15th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sin rely, Jor an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STJOSEPHCOUNTYINDIANA.COM/A R E A P L A N BILL NO. 70-18 Filed in Clerk's Office DEC 0520181 BILL NO. 70-18 j KAREEMMMAH FOWLER ORDINANCE NO. CITY CLERK,SOUTH BEND,IN AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 131 CHAPIN STREEET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from SF2 to 0 for a hotel. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A LOT OF PARCEL OF LAND FIFTY-TWO (52) FEET IN WIDTH FRONTING ON SOUTH CHAPIN STREET, AND BEING A PART OF LOT NUMBERED TEN (10) AS SHOWN ON THE PLAT OF ANN THOMAS' SUBDIVISION OF A PART OF BANK OUT LOT NUMBERED SEVENTY-FOUR(74) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, WHICH PART IS BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING ON THE WEST LINE OF SOUTH CHAPIN STREET AT A POINT 70 FEET SOUTH OF THE NORTHEAST CORNER OF SAID BANK OUT LOT NUMBERED SEVENTY-FOUR(74); THENCE RUNNING WEST 146.90 FEET TO A POINT 50 FEET EAST OF THE EAST LINE OF THE LOT NUMBERED TWENTY-NINE(29) IN ANN THOMAS' SUBDIVISION OF THE NORTHWEST PART OF SAID BANK OUT LOT NUMBERED SEVENTY-FOUR(74); THENCE SOUTH 52 FEET; THENCE EAST TO THE WEST LINE OF CHAPIN STREET; THENCE NORTH 52 FEET TO THE PLACE OF BEGINNING. ALSO, THE EAST FIVE (5) FEET OF THE PRIVATE OR VACATED PUBLIC ALLEY LYING WEST AND ADJACENT TO THE ABOVE DESCRIPTION. be and the same is hereby established as 0 Office District. BILL NO. 70-18 SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments,if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the_ day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City ofSouth Bend, Indiana I(we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 131 Chapin Street Gust south of Washington on the west side) ft house north of the Studebaker National Museum. South Bend, IN 46601-2519 2) The property Tax Key Number(s) is/are: Enter property tax key number(s) 3) Legal Descriptions: Part of Lot 10 in Ann Thomas'Subd of Part of Bank Out Lot 74 of the P. Plat of Lots of the City of South Bend, IN 4) Total Site Area: 7,899 sq.ft. .18 Ac Filed in Clerk's Office 5) Name and address of property owner(s)of the petition site: Donald R. Lindner (Trustee Lindner Family Trust dated 3/21/2014. DEC 05 2018 900 Thomas Street South Bend, IN 46601-2537 KAREEMAH FOWLER 314-973-8686 CITY CLERK,SOUTH BEND,IN dlindner@mac.com Name and address of additional property owners, if applicable: Other address 1447 Rose Hill Lane, St. Peters,MO 63376-3744 6) Name and address of contingent purchaser(s), if applicable: N/A Name Address City, State Zip Code CEC 03 2018 Phone number with Area Code E-Mail Address AREA PLAN CP', .10 Le A. •lic3tion#e..la b _. Name and address of additional property owners, if applicable: Wife,Janet V. Lindner,same Missouri address. 7) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District Additional zoning district, if applicable To: 0 Office District 8) This rezoning is requested to allow the following use(s): Hotel 6 Rooms (Already own B&B). IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) From the required perimeter landscape to none. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety, morals and general welfare of the r` community: There is already existing landscape on the site. b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Improving and updating the property c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: This is a museum area zoned office. Strict application would require us to remove existing landscaping. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) The Special Exception Use(s)being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety,comfort, community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addesses this criteria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: Please explain how your Special Exception Use petition addesses this criteria d) The proposed use is compatible with the recommendations of the Comprehensive Plan. Please explain how your Special Exception Use petition addesses this criteria In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Donald Lindner 900 Thomas Street South Bend, IN 46601-2537 Cell 314-973-8686 dlindner@mac.corn BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s), or signature of Attorney for all property owner(s): 111 1 u i . . EEC 032010 AREA PLAN C' 1 V JO UABONMARCH E 750 Lincoln Way East Battle Creek Goshen South Bend,IN.46601 Benton Harbor Hobart T 574.232.8700 Manistee Lafayette F 574.251.4440 South Haven South Bend abonmarche.com Valparaiso Engineering •Architecture•Land Surveying C RULE 12 BOUNDARY SURVEY SO. CHAPIN STREET MAG SET 1' E. 0/S FENCE COR. 0.4' N. & 0.2' W. 6acTc 0TcuE — I I conc. walk NO0'27'59"W J L — — — — L 1 70.00'(r) SM_AG NO °27'59"W 52.00' 0SMAG FIP FENCE ON LINE' I- 1 I STEEL I OUND 13)C.O.C. I 11 CALC. NE. COR. MAG SET 1' E. 0/ I o ai BAR ANN. THOMAS' SUB. OF POINT OF N conc. \ I ( HELD) OF B.O.L. 74 BEGINNING L._ _ FENCE ON COR.) Y`\ 1 5d - - - _J — I1' II 1I I I I I 1 m I I 6.5'± di- I I r o J WOODS FRAMED I II N 6 HOUSE 1 b I w. 6 In o Filed in Clerk's Office N.' t 1 f/ ' S /48,co, 63 V. QU h 0 4 DEC 0 5 2018 6:).•\\ ,, 7) 'I In.Z KAREEMAH FOWLER F— --a I IcCITYCLERK,SOUTH BEND,IN y co 1 L1 — J I Q I N co w i H I a ° J I c °FENCE bOR. II I ti Z y4i 1 q^^ 0.7' N. OF (LINE II i h^lx Z a 1 c8nc° ° I u l z_ sk‘ \ CI; 0 3 2018 1 r,.; o . :v 3.2't Loc- I a B 1 w_ al, II '__.t 1 CABIN I 1 1 z ti` SH 3.1'± r _ 1 ° , ° °L _ - -1 zz FENCE COR. I SHED I I ° I i w 0.7' S. OF LINE I z 5J — L— a ° cont.1 O FIP I GARAGE I ko al a • 3lI HELD) I I I I 6 1 _ I LEGEND 3.3- EAST 5 FT. VACATED ALLEY SMAC IP FOUND IRON PIPE SMAC F RRs asph. N 800°27'59"E 52.00' FOUND RAILROAD SPIKE ca-- aSMAG SET MAG AND DISK (ABONMARCHE FIRM #50) 1. 1 asph. CONCRETE VACATION ORDINANCE mommC co-asph. ASPHALT 9469-03 INSTR #0408980 7,898.80 SQ.FT. CO r)RECORD DISTANCE 0.18 ACRES±) CHAIN LINK FENCE 0 10 20 Z O El WOOD FENCE IRON FENCE SCALE: 1 =20'• Qp PROPERTY ADDRESS: DATE OF FIELDWORK: 10/04/18 DATE: 10/22/18 N 131 S.CHAPIN ST.,SOUTH BEND,IN.46601 O s FIELDBOOK: RBS 9,PG. 1 DRAWN PROPERTY DESCRIPTION: BY: CMR V N PART OF LOT 10 IN ANN THOMAS'SUBDIVISION OF REVIEWED BY: MJR SECTION: 1 1-T37N-R2E n A PART OF BANK OUT LOT 74 OF THE 1ST. PLAT OF e' O OUT LOTS OF THE CITY OF SOUTH BEND,IN. SCALE:1"=20' SHEET 1 OF 3 COPYRIGHT 2018-ABONMARCHE CONSULTANTS,INC. IAbQNMARCME 750 Lincoln Way East Battle Creek Goshen South Bend,IN.46601 Benton Harbor Hobart T 574.232.8700 Manistee Lafayette F 574.251.4440 South Haven South Bend abonmarche.com Valparaiso Engineering •Architecture•Land Surveying RULE 12 BOUNDARY SURVEY LEGAL DESCRIPTION: (PER DEED) A LOT OR PARCEL OF LAND FIFTY-TWO (52) FEET IN WIDTH FRONTING ON SOUTH CHAPIN STREET,AND BEING A PART OF LOT NUMBERED TEN (10) AS SHOWN ON THE PLAT OF ANN THOMAS'SUBDIVISION OF A PART OF BANK OUT LOT NUMBERED SEVENTY-FOUR(74) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN,NOW CITY OF SOUTH BEND,PLATTED BY THE STATE BANK OF INDIANA,WHICH PART IS BOUNDED BY A LINE RUNNING AS FOLLOWS:BEGINNING ON THE WEST LINE OF SOUTH CHAPIN STREET AT A POINT 70 FEET SOUTH OF THE NORTHEAST CORNER OF SAID BANK OUT LOT NUMBERED SEVENTY-FOUR 74);THENCE RUNNING WEST 146.90 FEET TO A POINT 50 FEET EAST OF THE EAST LINE OF THE LOT NUMBERED TWENTY-NINE 29) IN ANN THOMAS'SUBDIVISION OF THE NORTHWEST PART OF SAID BANK OUT LOT NUMBERED SEVENTY-FOUR(74); THENCE SOUTH 52 FEET;THENCE EAST TO THE WEST LINE OF CHAPIN STREET;THENCE NORTH 52 FEET TO THE PLACE OF BEGINNING. ALSO,THE EAST FIVE (5) FEET OF THE PRIVATE OR VACATED PUBLIC ALLY LYING WEST AND ADJACENT THE ABOVE DESCRIPTION. 1 Filed in Clerk's Office DEC 052018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN w 9 t I LEC 03 2018 ARE, .I0 AOr ,f Ar o 03 PROPERTY ADDRESS: DATE OF FIELDWORK: 10/04/18 DATE: 10/22/18 y 131 S.CHAPIN ST.,SOUTH BEND,IN.46601 Oo a FIELDBOOK: RBS 9,PG. 1 DRAWN BY: CMR e PROPERTY DESCRIPTION: q PART OF LOT 10 IN ANN THOMAS'SUBDIVISION OF } REVIEWED BY: MJR SECTION: 11-T37N-R2E N o A PART OF BANK OUT LOT 74 OF THE 1ST.PLAT OF N OUT LOTS OF THE CITY OF SOUTH BEND,IN. SCALE:N/A SHEET 2 OF 3 COPYRIGHT 2018-ABONMARCHE CONSULTANTS,INC. EIAbQNMAKCML 750 Lincoln Way East Battle Creek Goshen South Bend,IN.46601 Benton Harbor Hobart T 574.232.8700 Manistee Lafayette F 574.251.4440 South Haven South Bend abonmarche.com Valparaiso Engineering •Architecture•Land Surveying I 1 RULE 12 BOUNDARY SURVEY SURVEYOR'S REPORT: IN ACCORDANCE WITH TITLE 865.ARTICLE 1.1,CHAPTER 12,OF THE INDIANA ADMINISTRATIVE CODE,THE FOLLOWING OBSERVATIONS AND OPINIONS ARE SUBMITTED REGARDING THE VARIOUS UNCERTAINTIES IN THE LOCATIONS OF THE LINES AND CORNERS ESTABLISHED ON THIS SURVEY AS RESULT OF: A) AVAILABILITY AND CONDITION OF REFERENCE MONUMENTS; B) OCCUPATION OR POSSESSION LINES; C) CLARITY OR AMBIGUITY OF THE RECORD DESCRIPTION USED AND OF ADJOINERS'DESCRIPTIONS AND THE RELATIONSHIP OF THE LINES OF THE SUBJECT TRACT WITH ADJOINERS'LINES; D) THE RELATIVE POSITIONAL ACCURACY OF THE MEASUREMENTS. a -- • ---•----- " .— CLIENT NAME:DONALD LINDER Filed in Clerk's C:..' OWNERS OF RECORD:DEVISEES OF DELORES KWIECINSKI,DECEASED TYPE OF SURVEY AND PURPOSE:RETRACEMENT SURVEY p A) THE REFERENCE MONUMENTS USED AND HELD ARE AS SHOWN ON THE FACE OF THE SURVEY. DEC O 5 2018 B) RIGHT-OF-WAYS,ROAD IMPROVEMENTS AND FENCES AS SHOWN. KAREEMAH FO VLER C) AMBIGUITY OF RECORD DESCRIPTIONS:NONE CITY CLERK'SOUTH BEN — D) THE CLASSIFICATION OF THIS SURVEY ISA SUBURBAN SURVEY: 0.13 FEET(40 MILLIMETERS)PLUS 100 PARTS PER MILLION. THEORY OF LOCATION: THE EAST AND WEST LINES OF THE SUBJECT PARCEL WERE ESTABLISHED BY SPLITTING THE EXISTING CURB ON CHAPIN STREET. THIS THEORY AGREED WITH THE FOUND STEEL BAR AT THE SOUTHEAST CORNER OF THE SUBJECT TRACT. FROM SAID FOUND BAR AND PARALLEL WITH THE BEFORE MENTIONED CURB. A RECORD DISTANCE WAS CALCULATED UP TO THE NORTHEAST CORNER OF ANN THOMAS SUB. THE NORTH AND SOUTH LINES OF THE SUBJECT TRACT WERE CALCULATED PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION. AS A RESULT OF THE ABOVE OBSERVATIONS,IT IS MY OPINION THAT THE UNCERTAINTIES IN THE LOCATIONS OF THE LINES AND CORNERS ESTABLISHED ON THIS SURVEY ARE AS FOLLOWS: DUE TO VARIANCES IN REFERENCE MONUMENTS:0.5'N/S&2'E/W DUE TO DISCREPANCIES IN THE RECORD DESCRIPTION:NONE DUE TO INCONSISTENCIES IN LINES OF OCCUPATION:3'+/- NOTES: PLATS AND NOTES USED. 1. ABONMARCHE RECORDS 2. COUNTY GIS. 3. ADJOINING DEEDS 4. ANN THOMAS SUBDIVISION 1 5. SURVEY BY LEO WITUCKI DATED 10/22/42 rr 1. A ROBOTIC TOTAL STATION AND GPS WERE USED TO COLLECT THE DATA FOR THE PROJECT. DSL O J ZO 8s c THE FIELD WORK FOR THIS PROJECT WAS PERFORMED IN OCT.4TH 2018.4aTITLEWORKWASPROVIDEDBYMETROPOLITANTITLE4041-122373 U6 D BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM(INDIANA EAST) l a LAND SURVEYOR'S CERTIFICATE: I, MICHAEL J. ROZYCKI, HEREBY CERTIFY THAT I AM A LAND SURVEYOR, LICENSED IN COMPLIANCE6. WITH THE LAWS OF THE STATE OF INDIANA,AND THAT THIS SURVEY WAS PERFORMED WHOLLY BY OR UNDER MY DIRECTION ON OCTOBER 4,2018 AND TO THE BEST OF MY KNOWLEDGE AND BELIEF,WAS EXECUTED ACCORDING TO THE SURVEY REQUIREMENTS IN TITLE 865, ARTICLE 1.1, CHAPTER 12, `` 111111ift// SECTIONS 1 THROUGH 29 OF THE INDIANA ADMINISTRATIVE CODE(IAC). i// e-\- JJ. Rn ///, I AFFIRM UNDER THE PENALTIES FOR PERJURY,THAT I HAVE TAKEN Q' ,%, ""',,,,`! '/,i 1 REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN V; C,1STERFO's -'% 3 THIS DOCUMENT, UNLESS REQUIRED BY LAW. Z-..... LS20500010 = v 23 f8 STATE OF 'W tio SP's' zgMICHAELJ.ROZYCKI,PS DATE " I ,IIto• STAOTEESSIONAL OF INDIANAND SURVEYOR #20500010 u rSU' R\I \\` o 03 PROPERTY ADDRESS: DATE OF FIELDWORK: 10/04/18 DATE: 10/22/18 131 S.CHAPIN ST.,SOUTH BEND,IN.46601 F EIDLBOOK: RBS 9,PG. 1 4 DRAWN BY: CMR V 03 y PROPERTY DESCRIPTION: 4 1 y PART OF LOT 10 IN ANN THOMAS'SUBDIVISION OFREVIEWED BY: MJR SECTION: 1 1 T37N R2E IV d A PART OF BANK OUT LOT 74 OF THE 1ST.PLAT OF J7 o OUT LOTS OF THE CITY OF SOUTH BEND,IN. SCALE:N/A SHEET 3 OF 3 COPYRIGHT 2018-ABONMARCHE CONSULTANTS.INC. AREA BOARD OF ZONING APPEALS 1140 County-City Building Filed in Clerk's Office227W.Jefferson Boulevard South Bend.IN 46601 www.sjcindiana.com DEC 0 5Phone-574-235-9571-Fax-574-235-9813 208 I KAREEIAN FpyR CITY CLERK,SOUTH EE !D, IN December 5, 2018 Honorable Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 1781 Marine Street Dear Council Members: Enclosed is an Ordinance for the proposed Special Exception Use.Please include the attached Ordinance on the Council agenda for unfinished business at your December 10th, 2018 Council meeting, and set it for public hearing at your January 14th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the December 12th, 2018 Area Board of Zoning Appeals meeting. The recommendation of the Area Board of Zoning Appeals will be forwarded to your office by noon on the day following the public hearing. If you have any questions,please feel free to contact our office. Sin rely, Jor an Wyatt Planner CC: Bob Palmer BILL NO. 18-73 Filed in Clerk's Office BILL NO. 18-73 DEC 05 2018 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1718 MARINE STREET WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5- 5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1718 Marine Street In order to permit a Two-Family Dwelling SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; BILL NO. 18-73 2. The proposed use will not injure or adversely affect the use of the adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan;p SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council