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HomeMy WebLinkAbout07-09-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JULY 9, 2012 7 : 00 P.M. 1. INVOCATION - REV. FRED PRESTON 2 . PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5 . SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 12-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 20-12 PUBLIC HEARING ON A BILL OF THE COMMON, COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125. 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION 21-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS 24-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 6 ADDRESSING AIR POLLUTION CONTROL OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 13-76 THROUGH 13-77 ADDRESSING CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACES 28-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 5, SECTION 13- 75. 5 DISORDERLY HOUSES PROHIBITED BY THE INCLUSION OF NEW SUB-PARAGRAPHS 1, m, and n TO PARAGRAPH (a) (5) OF THE SOUTH BEND MUNICIPAL CODE 27-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $20, 625. 00 WITHIN GENERAL FUND NO. 101 FROM A DEPARTMENT OF ADMINISTRATION AND FINANCE ACCOUNT TO AN OFFICE RENTAL ACCOUNT IN THE SOUTH BEND HUMAN RIGHTS DIVISION 8 . BILLS, THIRD READING TIME: BILL NO. 12-12 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 20-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125. 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION 21-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS 24-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 6 ADDRESSING AIR POLLUTION CONTROL OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 13-76 THROUGH 13-77 ADDRESSING CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACES 28-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 5, SECTION 13- 75. 5 DISORDERLY HOUSES PROHIBITED BY THE INCLUSION OF NEW SUB-PARAGRAPHS 1, m, and n TO PARAGRAPH (a) (5) OF THE SOUTH BEND MUNICIPAL CODE 27-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $20, 625. 00 WITHIN GENERAL FUND NO. 101 FROM A DEPARTMENT OF ADMINISTRATION AND FINANCE ACCOUNT TO AN OFFICE RENTAL ACCOUNT IN THE SOUTH BEND HUMAN RIGHTS DIVISION 9. RESOLUTIONS BILL NO. 12-47 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 319 NILES AVENUE, SOUTH BEND, INDIANA, IS NECESSARY FOR USE AS GENERAL OFFICE SPACE 12-60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING THAT DOWNTOWN SOUTH BEND BE RE-AFFIRMED AS A TOP PRIORITY FOR CREATIVE AND SUSTAINABLE REVITALIZATION; THAT ALL POSSIBLE GRANT OPPORTUNITIES BE PURSUED; AND THAT CHASE TOWER BE ADDRESSED 12-61 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE CONTRACTUAL SERVICES AGREEMENT SUBJECT TO BUDGETARY APPROPRIATIONS FOR THE DIVERSITY COMPLIANCE OFFICER 10 . BILLS, FIRST READING BILL NO. 29-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF MICHIGAN STREET FROM MADISON STREET NORTH TO THE FIRST EAST/WEST ALLEY AND THE FIRST EAST/WEST ALLEY NORTH OF MADISON STREET BEGINNING 6 FEET WEST OF THE FIRST NORTH-SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST MICHIGAN STREET RIGHT-OF-WAY 30-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $100, 000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 30-12 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET FROM HILL STREET WEST TO THE FIRST NORTH/SOUTH ALLEY 11 . UNFINISHED BUSINESS 12 . NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME- NOTICE FOR HEARING AND.SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. EXHI M COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE CITY OF SOUTH BEND ZONING ORDINANCE In accordance with I.C. 36-74-1015, the Owner of the real estate located in St. Joseph County, Indiana which is described below,makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION LOT 14 PARRY'S 2 ND ADDITION STATEMENT OF COMMITMENTS: 1. THE PROPERTY OWNER WILL INITIATE A. RF70NING BACK TO SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT WHjW Tj+E PROPERTY IS NO LONGER USED AS A CB COMMUNITY BUSINESS DISTRICT 2. 3. These COMMITMENTS shall run with the land, be binding on the Owner of the above- described real estate, subsequent owners of the above-described real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Area Plan Commission of St.Joseph County made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of petition #2632-12 pursuant to the City of South Bend Zoning Ordinance,and shall continue in effect until: (i)the real estate is rezoned; or, (ii)modified or terminated by the Area Plan Commission of St. Joseph County. CAUscmT1CB1MP\DcsktoplWritten Commitments SB Exhibit A-FORM FIELD]I LDOC These COMMITMENTS may be enforced jointly or severally by: 1. The Area Plan Commission of St.Joseph County; 2. The City of South Bend, Indiana; 3. Owners of all parcels of ground adjoining the real estate within three-hundred (300) feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; 4. The City of South Bend Attorney, Zoning Administrator, appropriate enforcement official,and other specially affected persons designated in such commitments; and 5. The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana, upon final approval of petition#2632-12 �� IN WITNESS WHEREOF, Owner has executed this instrument this. day o (Individual Owner) Signature al) Signature (Seal) Printed Printed (Organization Owner) By Printed Title C:1UsersIPICB[MPlUeshtop\Written Cosnniitments SB Exhibit A-FORM FIELD(t LDOC STATE OF (individual Acknowledgment) �{�GL ) COUNTY OF h ) SS: Before me, a Notary Public in and for said County and State,personally appeared , Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument and who,having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this .- day of . . Sign Printed County of Residence_&I No,( °(-�1(J���!�� ROSIN 9 GNYDER NOTARY PUBLIC My Commission expires: <, )2�e v�]c ( iq SEAS. ELIOM COUNTY,STATE OF NOM COMMISSION N0.631773 w comm"EXPm DEcEMM 27,09 (Organization Acknowledgment) STATE OF ) SS: COUNTY OF ) Before me,a Notary Public in and for said County and State,personally appeared , the of , a(n , Owner(s)of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who,having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of , Signature Printed County of Residence My Commission expires: This instrument was prepared by C:\Users\PECBIMP1Desktop\Written Commitments SH Exhibit A-FORM FIELDI I I.DOC t JOHN W_ BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZ:zr DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD, ROOM 1 140 COUNTY-CfTY BLDG, SOUTH SEND,INDIANA 46601 (574) 235-9571 May 16,2012 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Eugene Phillips to zone from SF2 Single Family& Two Family District to CB Community Business District, property located at 501 South Parry Street, City of South Bend -APC4 2632-12 Dear Council Members: I hereby Certify that the above referenced ordinance of Eugene Phillips was legally advertised on Thursday, May 3, 2012 and that the Area Plan Commission at its public hearing on Tuesday, May 15, 2012 took the following action: Upon a motion by Karl King, being seconded by Gary Gilot and unanimously carried, the proposed ordinance of Eugene Phillips to zone from SF2 Single Family& Two Family District to CB Community Business District,property located at 501 South Parry Street, City of South Bend is sent to the Common Council with an unfavorable recommendation. Parry Street is an area that has several development options,depending on the ultimate use of the land to the east along Eddy Street, and to the west along Frances Street. Future redevelopment efforts by the City in this area may require land purchases, potentially making the purchase of this site more expensive with the increase in improvement and land values that a business would generate. In addition,the number of variances from required development standards makes the site too small for the intended use. A commercial use that does not have direct access to a major street should be discouraged. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, W. armB 1 Y JWB:jsc Attachment Cc: Eugene Phillips SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE.NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND www.stj os ephcountylndiana,cam/Areaplan Staff Report AFC# 2632-12 Owner: Eugene Phillips Location: 501 South Parry Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family&Two Family District to CB Community Business District to allow two stall garage(Auto Repair-major). Land Uses and Zoning: On site: On site is a one stall residential garage, on a separate lot from the primary residence. North: To the north are three single family homes zoned SF2 Single Family and Two Family District, and beyond them, a storage lot for the Robert Henry Corporation zoned LI Light Industrial District. East: To the east, across Parry Street, is Information Records Associates, a dance school and a car repair business zoned MU Mixed Use District. South: To the south are five single family homes, and, beyond them, the Marine Corps League zoned SF2 Single Family and Two Family District. West: To the west is a single family home zoned SF2 Single Family and Two Family District. To the northwest is the Robert Henry Corporation zoned LI Light Industrial. District uses and development standards: The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is 7,590 square feet. The proposed two stall garage is 1,360 square feet or 18% of the lot. The seven parking spaces and drive aisle cover 2,580 square feet or 34%. Residential bufferyard landscaping is shown on three sides behind the building,and foundation landscaping is shown in front of the buildings. Landscaping covers 1,150 square feet or 2%. The use of the remaining 2,500 square feet is unknown at this time. Based on the site plan provided, the following variances will need to be obtained from the Area Board of Zoning Appeals: 1. Side Residential Bufferyard from 20'to 0'for parking; 2. Front Setback from 15'to 0'for parking; 3. Aisle width from 24'to 20'; 4. Parking screening landscaping from what is required by ordinance,to none. Zoning and land use history& trends: This property was zoned B Residential (Multifamily)under the prior zoning ordinance. When the zoning ordinance was revised in 2004,the zoning changed to SF2 Single Family and Two Family District. Traffic and transportation considerations: Parry Street is a two lane street that runs from a former railroad right-of-way on the north to the Cooper Bridge ramps on the south. The alleys adjacent to this site are not paved. Eugene Phillips #2632-12 Page 1 of 3 Utilities: City of South Bend utilities(water and sewer)are available in Parry Street. Additional information:(Agency comments) The City Engineer states the alley will have to be paved if it will be used for access. The Department of Community and Economic Development refers to the Howard Park Neighborhood Master Plan. The proposed rezoning of 501 S. Parry St. from SF2 to CB Community Business District may not be considered compatible with the vision of the Master Plan. Staff Comments: If Henry Street, as proposed by the Howard Park Neighborhood Master Plan becomes a reality, then the public purchase of this site is probable. Parry Street is a residential street,and should not be used as direct access for business uses. If the rezoning is approved,several variances from the development standards will be required. Commitments: None proposed. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan(November 2006) Objective LU 2.3 Ensure coordination of land uses among adjacent area-specific plans, Objective LU 2.4 Provide buffer spaces between non-compatible land uses. Land Use Plan: The Future Land Use Map identifies this area as medium density residential. Plan Implementation/Other Plans: The East Bank Plan Phase 2 (commonly known as the Howard Park Neighborhood Master Plan) dated February 24, 2009 identifies the area on either side of Parry Street between the old railroad right-of-way and the Cooper Bridge ramp as a Future Development Opportunity. The vision of the plan is to support residential development on and around the former TRANSPO site. This plan has not been adopted by the Area Plan Commission or Common Council but it was approved by the neighborhood. 2. Current conditions and character: The properties along Eddy are either vacant parcels or business uses with ample parking. Along Parry and Frances Streets are single family homes, with the exception of the Robert henry Corporation, a special exception. More to the west of Frances Street,the former TRANSPO site has been demolished for future residential development per the Howard Park Neighborhood Plan. 3. Most desirable use: The most desirable use is a use compatible with the Howard Park Neighborhood Plan. Eugene Phillips #2632-12 Page 2 of 3 4. Conservation of property values: A commercial use, especially one that would need multiple variances, in the middle of a residential block would have an adverse effect on the residential property values. S. Responsible development and growth: Responsible development and growth of Parry street is highly dependent.on the success of the Howard Park Neighborhood Plan, which labels Parry Street as an area of"Future Development Opportunity". The Plan made no particular land use commitment for Parry Street, with the exception of a proposed street using the existing alley alignment adjacent to the site. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. Analysis: Parry Street is an area that has several development options,depending on the ultimate use of the land to the east along Eddy Street, and to the west along Frances Street. Future redevelopment efforts by the City in this area may require land purchases,potentially making the purchase of this site more expensive with the increase in improvement and land values that a business would generate. In addition, the number of variances from required development standards makes the site too small for the intended use. A commercial use that does not have direct access to a major street should be discouraged. Eugene Phillips #2632-12 Page 3 of 3 ar` l 1111'. l% 11jjr iL Ck- ADM � F MAY 0 9 20 f 2 AREA PLAN COMMISSION RECCE IMVED � . � oq �o,z 33 yip ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT In 2001 Lot 14 was located in a Business District. It was then zoned Commercial. The lot still lays in a Business District that was changed to Residential in 2002. There are Office Buildings on all sides of Lot 14 2"d Add. There is a lawn yard cutting garage across the street. The back of it lies against the Rug Company Building. There is an empty dance Studio in front of the Lot that I want to zone commercial. There is a service Station next to the Dance Studio with an empty electrical building beside the Service Garage. Our community has been around business all our lives. We were told the City was going to buy the house in our community for a development. Now the Lot has an old one stall garage on it that looks too small for the lot. I would like to rezone it commercial, build a beautiful two stall garage on Lot 14, 2nd addition. The garage would fill in the space the one stall garage does not fill in. My son can use the garage to start up a business when he graduates for Ivy Tech State College. If it doesn't work out for him and he decides to expand his business into a large garage on a larger business district, I will use the garage to make L shaped aquariums to sell on the internet. The garage will take the place of the old garage and help improve the neighborhood that I live in and help make a better looking community. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot 14 Parry's 2nd Addition be and the same is hereby established as CB Community Business District. SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. y3� . 17 I I i M U {1 r � a� y' { V U t� v-3 y� 0 Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF NEW SECTION 2-125.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING WHISTLEBLOWER PROTECTION STATEMENT OF PURPOSE AND INTENT Indiana Code § 4-15-10-4 sets for the whistleblower protection provisions which provide in part that a state employer cannot dismiss, withhold salary increases or employment-related benefits, transfer or reassignment if an employee reports a violation of a federal or state law. Many municipalities throughout the country have ordinances which prohibit reprisals. For example, Denver passed their ordinance in 2007; On May 21, 2012, six (6) members of the South Bend Common Council voiced concern over the apparent lack of policies, procedures and protocols with regard to telephonic equipment and technology used by the City of South Bend. The City of South Bend currently posts on its city website various forms and policies and the effective date of each. These posted policies govern five (5) specific areas, namely: operating, finance, purchasing, human resources, and information technology. The topic of"human resources" lists its status as "in Draft". In light of that status, the following ordinance is introduced to provide whistleblower protection to city employees. Section 1. Chapter 2,.Article 8, Section 2-125.1 of the South Bend Municipal Code is created to read in its entirety as follows: See. 2-125.1 Whistleblower Protection. (a) No city elected official, city employee or city appointee shall retaliate or threaten to retaliate against any person because the person did any of the following: (1) Brought to the attention of his or her immediate supervisor a matter which appears inconsistent with governing policies or procedures over such task or operation which have been approved by the proper city board, agency, or other entity of the city; (2) Filed a verbal or written complaint with his or her superior regarding an alleged breach of governing policy or protocols which have been approved by the appropriate agency of the city and to which such person has been advised of and if required given the appropriate training; Ordinance on Whistleblower Protection Page 2 (3) Provided verbal or written information to the person or persons charged with overseeing and enforcing the governing policy or protocols as part of the investigation of such complaint; (4) Testified at any ethics commission proceeding or similar venue established by the city (b) An elected city official, city employee or city appointee who has proper jurisdictional authority over an individual who has taken any of the actions listed in paragraph (a) of this section, may take appropriate disciplinary action, if said person did not act in good faith or knowingly or recklessly provided false information or testimony. (c) A person who is found to have violated this section shall be subject to progressive disciplinary procedures as set forth in the City of South Bend's properly enacted Personnel Polices and Procedures, or other governing documents adopted under governing law. (d) All elected city officials, city employees or city appointees shall be properly trained in any and all ethics regulations, including but not limited to the City of South Bend Ethics Code signed by the Mayor on January 1, 2012, all ordinances addressing ethics, governing standards, policies and protocols governing the tasks to which such officials, employees and appointees are charged to carry out as part of their employment with the City of South Bend. Section 11. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 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. Council Member Henry avis, Jr. 2nd District Council Member Council Member Karen L. White Council Member at Large Ordinance on Whistleblower Protection Page 3 Council Member Tire Scott 1 st District Council Member Council President Derek D. Dieter Council Member at Large �xte�t: John Voorde, City Clerk O resented- by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock . m. Janice Talboom, Deputy Clerk r roved`awd-siined' by me on the day of , 2012, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana Cits.� � i C HEARING AIN w- I READING i )T AP? ERRED SSED — .... .. City of South Bend Page 1 of 2 City Healthy Policies Human Central Directory City & Fonns Resources Stares Site Search KeyWrs , ....od ..,...,.-.....: SouthBendIN gov i Site Map a Quick links `. Frequently Visited Pages Policies >& Fonns : Policies Welcome to South Bend! Policy/Procedure Effective Date �I 1 Operating "" 1.1 Poficx^Statement January 1, 2010 1.1.1 Poi.cv.,_Reyiew Comm.i-ttee January 1, 2010 tliglllights 1.2 .pe_rati_n,g &.._.Budgeting ,Pal,iC.y_ January 1, 2010 K South Bend Parks&Recreation . . . ­1___..­.­­­­.......... Flex Account: Use pre-tax dollars for reimbursement.View details. 2 Finance Spotiigbt: City (Directory 2.1 Re-venue_,.Pollcy January 1, 2010 K W Need a phone number? Search the 2.2 Ex,penditure.A.ip.roval.,Pofic y January 1, 2010 Qlp1Dy_'�? Dlreclo,,,ry,using the ' search bax at the top 2.3 Cash_Resery e_Policy January 1, 2010 nfanxpage! 2.3.1 C.,.a,..sh,•.R.eserve.._proced.ure January 1, 2010 2.4 C _art..of.._Acco.u,nts,P©iicy January 1, 2010 2.4.1 ProjectumberProced.ure January 1, 2010 2.5 Fix,.ed..,..Ass'ets P.o_Eicy,.. January 1, 2010 2.5.1 Fixed...As,s'et5._,P.roce.d.gre'. January 1, 2010 2.5.2 Fixed Assets Set Up Procedure In draft 2.6 Inventory January 1, 2010 2.6.1 Inventory Procedure Central January 1, 2010 Service 2.6.2 Inv_en..tary....Proced,ure_.Parks._& January 1, 2010 Recreation 2.6.3 In_ve.ntorY,,Proced_ure._Wa.ter Uti.l.ity January 1, 2010 2.6.4 Inventory Pro,cedure.._Bla_ckthorn August 1, 2011 2.7 Travel-.P.:.o,licy April 1, 2010 2.8 In.vestrnent-Policy January 1, 2010 2.9 Debt Policy. January 1, 2010 2.10 Disbursement.Policy January 1, 2010 2.10.1 WireTTran.sfe,r.&.-_Ha_nd..Checic January 1, 2010 Procedure http://www.southbendin.gov/revize/sbintranet/policies2,asp 6/5/2012 city ot -joum u ena Page 2 or 2 2.11 5tgfq.. i?qjjcy January 1, 2010 2.12 Open 2113 Adjust./ January 1, 2010 2.14 Ta.,X Reporting.ppli y �p January , 2010 2.14.1 Tax Filing January 1, 2010 ........... Procedure" 2.14.2Pa. ' Procedure k.YrQj! TqxMisc Payro.l..l Filing January 1, 2010 3 Purchasing 3.1 P rc --g_.P--l-1oiij�y 11-1. March 1, 2010 3.1.1 P.u.r..c.h..q...s..in.g..P9(J.1cy....Q March 1, 2010 3.2 Ve_nd_or Policy March 1, 2010 3.3 Cellular Telephone Policy In draft 3.4 MBE/WBE Vendor Diversity In Draft Development Policy 4 Human Resources In draft 5 Information Technology 5.1 C.o..m.i)..ut.ler..H.a..r.dw.a.r.e Policy May 1, 2010 5.2 May 1, 2010 5.3 IT P..u.r.c,h.,a-ls-.i.-ng.,,.Pglli,.c.y. May 1, 2010 5.4 May 1, 2010 5.5 Use ofIntern May 1, 2010 5.6 o..t..e Aqqe's'��-.Pqti�� May 1, 2010 .............. - .'', 5.7 Wireless Use Policv ............ ........... May 1, 2011 Fo-n-s. e Policies Home I City Directory I Healthy City I Policies & Forms I Human Resources I Central Stores SouthBendIN.gov I Site Map I Login @) 2007 City of South Bend, Indiana, USA Ext r.n.a.-I...S.Aes P-rf-y4.cY...Ppj.iqY Terms,,of Use. http://www.southbendin.gov/revize/sbintranet/policies2.asp 6/5/2012 Whistleblower Program Freguently Asked Questions Why did the City and County of San Francisco establish the Whistleblower Program? The Whistleblower Program was created on behalf of San Francisco citizens and government employees to help make City government more accountable through the prevention and investigation of suspected waste, fraud, and abuse. What is the impact of the Whistleblower Program on City government? When fraud is allowed to continue, it jeopardizes the level of service local government can provide its residents. 0 Someone's Watching: The Whistleblower Program has a deterrent effect, for both internal and external sources of fraud, waste, and abuse. A Someone Cares:A public message of'zero tolerance'for fraud, waste,and abuse is sent to citizens and City employees by allocating resources to the Whistleblower Program. ® Beneficial Contacts: Interaction with the District Attorney's Office, City Attorney's Office, Police Department, and state and federal data sources help forge alliances beneficial to the pursuit of reducing fraud,waste, and abuse from government. What can I report to the Whistleblower Program? Any kind of fraud or misconduct can be reported, with certain exceptions, which are noted below. You may report any City and County of San Francisco manager, employee, contractor, or vendor who may be committing fraud, or any practice or act you observe that results in the waste or abuse of City and County resources. Some misconduct complaints if reported to the Whistleblower Program, including criminal acts, recipient welfare fraud, claims for child support, or allegations of child abuse are referred by the Whistleblower Program to other agencies for investigation. What information should a complaint include? When reporting suspected fraud, please provide as much information and detail as possible, including who, what, when, where, why, and how. A complainant should provide complete and specific information regarding the allegation, including the person involved, the time and date(s)of occurrence, and a detailed description of the violation to the investigators. Complaints with limited details cannot always be investigated. When should i submit a complaint? A complaint should be submitted immediately after you believe a reportable offense has occurred. How can i submit a complaint? Complaints can be submitted through one of the following ways: • Phone: 3-1-1 or 415-701-2311, TTY: 415-701-2323 (3-1-1 will also take non-whistleblower complaints and answer questions regarding other City services and issues) • Online: www.sfgov.orglwhistleblower • E-mail: whistleblower @sfgov.org • Mail: Whistleblower Program, Rm.316, 1 Dr. Carlton B. Goodlett Pl, Sari Francisco, CA 94102 6 What happens when I submit a complaint? Each submitted whistleblower complaint is assigned a unique tracking number. An initial assessment is done to determine whether the case has merit and how it should be handled.Complaints are referred to appropriate parties for follow-up action. Submission of a complaint to the Whistleblower Program only ensures that the complaint will be reviewed for possible investigation. May I remain anonymous when filing a complaint? Yes, you may remain anonymous. Will anyone,including the suspect(s)find out that 1 reported the fraud? If you request your identity remain confidential, the Whistleblower Program will not identify you to anyone. However, if the investigation results in criminal prosecution, it is possible our records may be subpoenaed by the court. Now does the Whistleblower Program protect my confidentiality? City and County of San Francisco Charter, Section F11.I07(c)requires the Board of Supervisors to enact and maintain an ordinance protecting the confidentiality of whistleblowers and protecting City officers and employees from retaliation for filing a complaint with, or providing information to the Controller's Office, Ethics Commission, District Attorney's Office, City Attorney's Office, or a City department or commission about improper governmental activity. The City Attorney's Office has advised that the Controller's Office has a duty to maintain the confidentiality of the identity of whistleblowers even in the absence of such an ordinance. if I give my telephone number or email address,will an investigator contact me? Possibly. If you provide contact information, an investigator may call you if they need additional information regarding your allegation. Can I check on the status of the investigation? Yes, you may check the status of your case by going to the Whistleblower Program website and selecting "Check Status of Complaint."You will then need to enter your assigned tracking number.You may check to see if a case is open or closed. However, no specific details of any ongoing investigation will be provided. In addition, you cannot receive a copy of the investigative report—this information is considered confidential. How long does it take for a case to be investigated? Investigations vary from a couple of weeks to several months depending on the complexity of the case. What will happen to the person I am reporting? If an allegation is confirmed, the suspect(s)could be disciplined. Disciplinary action is determined by the department for which the suspect works and is confidential. Discipline can include dismissal, suspension, reprimand, etc. However, if the suspect(s)is criminally prosecuted, the case becomes a public record. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. D E N V E R" THE MILE HIGH CITY NOTICE WHISTLEBLOWER PROT City and County of Deaver employees are encouraged to report acts of official misconduct to appropriate reporting authorities.Effective August 17,2007,Denver adopted a"Whistleblower Protection"ordinance prohibiting certain forms of retaliation against employees who report official misconduct in compliance with the ordinance.(For the entire text of the ordinance,see:Chapter 2,Article Vll,Denver Revised Municipal Code.) . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . .. What kind of reporting is protected? The ordinance encourages and protects good-faith reporting of official misconduct by City employees.The ordinance does not protect reports and disclosures that are made anonymously,are made in violation of any law,or are made without regard to the truthfulness of the reported information.In order to come within the protection of the ordinance,an employee must make a good-faith attempt to report the information to an appropriate reporting authority. The ordinance defines"official misconduct"to include the violation of any law,rule or regulation;the misuse or mismanagement of city assets;or an abuse of official authority. The ordinance defines"appropriate reporting authorities"to include elected officials,law enforcement • agencies,the Denver Board of Ethics,or the appointing authority for the officer or employee who is being accused of the official misconduct. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. What kind of retaliation is prohibited? The ordinance prohibits supervisors and appointing authorities from taking any adverse employment action against an employee in retaliation for the employee reporting official misconduct.The ordinance defines "adverse employment action"to include actual or threatened disciplinary actions,adverse performance evaluations,or denial of compensation or benefits. : . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . .. . . . . . .. How may employees use this law to protect against retaliation for whistleblowing? The ordinance establishes procedures for overruling adverse employment actions taken against City employees in violation of the ordinance.Generally complaints under the ordinance must be brought within thirty(30)days of the alleged retaliation.The ordinance provides the following remedies for employees who believe they have suffered retaliation for engaging in protected whistle blowing: • Career Service employees may use the ordinance as a basis for a complaint directly to the Career Service • Hearings Office.A Career Service employee may also use the ordinance as a defense when contesting a disciplinary action in accordance with the Career Service rules. : 0 Classified service employees(uniformed police and fire)may use the ordinance as a basis for a complaint directly to the employee's appointing authority.A classified service employee may also use the ordinance as a defense when contesting a disciplinary action in accordance with Civil Service Commission rules. i Other City and County of Denver employees may use the ordinance as a basis fora complaint to their appointing authorities,ora defense against any disciplinary action taken against them bytheir appointing authorities. This notice provides only a summary of the contents of the City and County of Denver Whistleblower Protection Ordinance.For further information and details,employees are encouraged to review the ordinance in its entirety. Rev-071008 Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS STATEMENT OF PURPOSE AND INTENT On July 1, 2012, Indiana's new state law takes affect which prohibits smoking in most public places and places of employment. These regulations exempt private clubs, retail tobacco shops, bars and casinos; but permits cities, towns and counties to pass ordinances which may be more restrictive than the new state law. On September 12, 2006, St. Joseph County Council passed Ordinance No. 92-06 which updated prior ordinances addressing smoking regulations. This ordinance prohibits smoking in all public places in St. Joseph County, unless specifically exempted. The St. Joseph County Health Department is charged with enforcement. Fines which are collected are deposited into a non-reverting fund in the budget of the St. Joseph County Health Department dedicated to enforcement and educational programs about the purposes and requirements of these regulations. This ordinance would require any entity exempted by the new Indiana state law to properly post by the entrance to such facility whether they permit or prohibit smoking. In this way, notice is given to the public prior to entering and each person has the Opportunity to decide whether to enter or not. This ordinance is believed to be in the best interest of South Bend. Section I. Chapter 14, Article 10 of the South Bend Municipal Code is created to read in its entirety as follows: Article 10. Smokin g Regulations. See. 14-60 Definitions. All definitions set forth in Indiana Code § 7.1-5-12 related to "Prohibition on Smoking" shall govern. See. 14-61 Signage Required. (a) All locations which are exempted from the State of Indiana's "Prohibition on Smoking" which are located in the City of South Bend shall be required to post at all public entrances to such locations a sign which reads "WARNING: Smoking is Permitted in this Establishment"printed in blue and contain the Indiana Alcohol & Tobacco Commission no smoking logo symbol printed in red on a white background with such signs printed on a minimum size of 8"x 10". Smoking Regulation Ordinance Page 2 (b) All public locations and places of employment which prohibit smoking must post signs given notice of such prohibition which are compliant with the governing Indiana state law. See. 14-62 Penalties. (a) Anyone violating any of the provisions of this Article shall be subject to the following penalties: (1) Citations: For the first violation in a calendar year, a citation shall be issued imposing a fine of two hundred fifty dollars ($250.00). For all subsequent violations, a citation shall be issued imposing a fine of five hundred dollars ($500.00). (2) Civil Action: In addition to the issuance of citation(s), the City Attorney's Office is authorized to bring civil action against any alleged violator of this Article for all unpaid fines, and any and all expenses incurred by the City to enforce the provisions of this Article to seek compliance from the alleged violator. (b) Each violation of this Article shall constitute a separate offense. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 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. Council Member David er 5'' District Council Mem er cutest: John Voorde, City Clerk Smoking Regulation Ordinance Page 3 675' v resented- by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock—. m. Janice Talboom, Deputy Clerk AxXrowd-and-,fi5ned- by me on the day of 2012, at o'clock Pete Buttigieg Mayor of the City of South Bend, Indiana Filed'in C. 2— READING "U�L'C- HEA[UNG 'rd READING ­j ,M APPRO.VO. CITY 1ASSED. �at37CH,8� �1�lt�9jt`�I�� d '%x City- of South e Common Council 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://www.southbendin.gov President Oliver J. Davis June 6 2012 Vice-President ' Kasen L. White The South Bend Common Council Chairperson, Committee 4t'Floor County-City Building of the Whole South Bend, Indiana 46601 Tim Scott Re: Proposed Smoking Regulations First District Henry Davis, Jr. Dear Council Members: Second District Indiana's new state law on smoking takes effect on July 1, 2012. I have Valerie Schey attached a 2-page summary in a Q & A format which is posted on the State of Third District Indiana's Alcohol and Tobacco Commission website, which provides a good summary of these new provisions. Fred Ferlic Fourth District The attached ordinance would require signage to be posted at the entrance of all facilities open to the public. In this way, any person has notice, before entering, David Varner whether smoking is permitted or whether it is prohibited. Fifth District Oliver J. Davis By passing this ordinance, it would give greater opportunity to collaborate with Sixth District the County Health Department, and also see how the new state law is working. Derek D. Dieter We all have concerns about protecting individuals from secondhand smoke. At Large With these additional notice provisions, persons have the right to select the venues they wish to patronize. Gavin Ferlic At Large I believe that the Council should have options and alternatives, and the Karen L. White attachment presents one for your consideration.. Thank you. At Large sincerely, +-fir'�J i�c�-•-�_—_---.� Dr. David Varner 5`t' District Council Member Attachment 302 W.Washington Street STATE OF INDIANA fGCS,Room E-114 . :; Indianapolis,Indiana 46204 ALCOHOL AND TOBACCO COMMISSION Corporal Travis Thickstun �! Public Information Officer ' . vwwo.in.govlatc INDIANA'S NEW SMOKING LAW FREQUENTLY ASKED QUESTIONS—GENERAL INFORMATION 1. When does Indiana's new statewide smoking ban go into effect? The new law goes into effect July 1, 2012. 2. Where can I find a copy of House Enrolled Act No. 1149? You can access it at: http:gwww,in.gov/legislative/bills/2012/HE/BEI 149.1.htm1. 3. Where is smoking prohibited? Smoking is prohibited in most public places and places of employment. Smoking is also prohibited in state-owned vehicles and school buses under certain circumstances. 4. Where is smoking permitted? Smoking is permitted in the following establishments: a horse-racing facility, a riverboat,a facility with a gambling game license, a satellite-gaming facility,cigar bars,hookah bars, certain fraternal clubs, a retail-tobacco store, a bar or tavern meeting certain requirements,a cigar-manufacturing facility,a cigar-specialty store, a business in a private residence,provided that each establishment meets the requirements ofl.C. 7.1-5-12. 5. How far must someone be from the entrance of a public place or place of employment in order to smoke? Smoking is prohibited within eight feet of a public entrance to a public place and place of employment. 6. Who enforces the law? The Alcohol &Tobacco Commission is the primary enforcement agency.Additionally, the Indiana State Department of Health, a local health department, a health and hospital corporation(Marion County),the Division of Fire and Building Safety, and any law enforcement officer may enforce the law, 7. Where may I file a complaint for a violation of the smoking ban? The complaint form is found at: http://www.ir).gov/atc/2640.htm. Only complaints concerning the state smoking law will be investigated.For a violation of a local city,town,or county smoking ordinance, please contact the appropriate city,town, or county government agency directly. We cannot enforce local ordinances. S. Is smoking prohibited in vehicles? Smoking is only prohibited in state- ovemment vehicles owned, leased and operated for governmental functions. Smoking is permitted in private vehicles. Approved:May 31,2012 Edition 6 FAQ PAGE 2 OF 2 9. Where should signage be located? Signs are required to be posted at all public entrances of enclosed public places and places of employment. Signs.must read"State Law Prohibits Smoking Within 8 Feet of this Entrance"or other similar language. Signs are available online at www.in.gov/atc. 10. Where can I get information on quitting tobacco use? You can get more information from: http://www.in.gov/quitline/. 11. How does the state law affect local ordinances on smoking? The new state statute does not supersede a local county,city,or town ordinance previously adopted, if that local ordinance is more restrictive than state law. Additionally,the new state statute does not prohibit a local county, city,or town from adopting an ordinance more restrictive than state law. 12. May a business exempt from the state smoking law choose to prohibit smoking? Yes. A business owner or manager may voluntarily choose to prohibit smoking,even if the type of business is one of the exemptions to the state's smoking law. For example, a tavern owner may chose to prohibit smoking. 13. The smoking-ban law requires businesses that are exempt from the ban to provide the Alcohol & Tobacco Commission with a statement verifying their exemption.How do we file this statement with the ATC? Fraternal clubs and other organizations that meet all of the requirements for an exemption from the state smoking ban may file the Exemption Form found on the ATC's website, www.in.gov/atc. The form will be available before July 1,2012,when the law takes effect. 14. Does the new smoking law include chewing tobacco and snuff? No. Approved:May 31,2012 Edition 6 N 6 N C - Q Q U Q U ,O ® Jd .0 P U cff Y C Y .M v U cd 0 U S". by �s � � Page 1 of 1 Janice Talboom -bequest to continue Bill 24-12 to Monday,July 23, 2012 i�3;m:w,;vesr..agr._!s }. `' `� ,.' :fi:� �a.,:>:..:u.a F7 .,.......r �a��wYo- :�...srr:•:_q r.RwaMxam�v,xir..:?"spa,fwlk:Yea.� a€'F#�A6+ntta--w"nu;'eFrnh�:a.:ra�f�i �;F^�h},wn.�r+"��=.5#�w. From: Valerie Schey To: Derek Dieter Oliver Davis "'Karen White , Tim Scott Henry Davis"' , "'Fred Ferlic"' , "'David Varner"' , "'Gavin Ferlic"' Date: 7/3/2012 2:10 PM Subject: Request to continue Bill 24-12 to Monday, July 23, 2012 CC: "'John Voorde"' , "'Mary Beth.Wisniewski"' , „'Janice Talboom"' , „'Kathy Farrand"' , "'Pete Buttigieg"' , "'Mike Schmuhl'" , "'Catherine Toppel"' , "'Chuck Hurley"' , "'Steve Cox"' , "'Jill Sabo"' , "Lindsay Grace" Dear Colleagues, As the lead sponsor for Bill 24-12, 1 am respectfully requesting that the bill be continued on Monday,July 23, 2012. My cosponsors and I are currently working with the departments that will be responsible for enforcing these policies. Our goal is to provide an implementation plan that will ensure a smooth transition to these new policies for all parties involved. Thank you for your time and consideration of this request. Sincerely, Valerie Valerie Schey Council Representative-Third District South Bend Common Council (574) 210- 9623 Moving Forward Together! LCiLTYCLJE-7RK,SOI.0I"i s�lwtja,I� file://C:1Documents and SettinizsUTALBOOWLocal SettinLyslTemnlXPurnwi..qP1dFF?Fn6t '7/1/')nl ORDINANCE NUMBER: Substitute Bill No. 24-12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 6 ADDRESSING AIR POLLUTION CONTROL OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 13-76 THROUGH 13-77 ADDRESSING CLEAN AIR STANDARDS FOR WORKPLACES AND PUBLIC PLACES STATEMENT OF PURPOSE AND INTENT The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, concluded that: (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4)there is no risk-free level of exposure to secondhand smoke; (5) establishing smoke free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke; and (6) evidence from peer-reviewed studies shows that smoke free policies and laws do not have an adverse economic impact on the hospitality industry. (U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion,Office on Smoking and Health,2006) According to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand stroke is harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated in heart attacks and stroke. (U.S. Department of Health and Human Services. How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010) Numerous studies have found that tobacco stroke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a Clean Air Standards fqr Workplaces and Public Places Ordinance Page 2-Substitute Bill No.24-12 cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of approximately 53,000 Americans annually. (National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10,"Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI), August 1999) The Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen. (Environmental Health Information Service (EHIS), "Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens," U.S. Department of Health and Human Services (DHHS), Public Health Service, NTP, 2000;reaffirmed by the NTP in subsequent reports on carcinogens,2003,2005) There is indisputable evidence that implementing 100% smoke-free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke. (World Health Organization (WHO), "Protection from exposure to secondhand smoke: policy recommendations," World Health Organization (WHO), 2007) In reviewing I I studies concluding that communities see an immediate reduction in heart attack admissions after the implementation of comprehensive smoke free laws, the Institute of Medicine of the National Academies concluded that data consistently demonstrate that secondhand smoke exposure increases the risk of coronary heart disease and heart attacks and that smoke free laws reduce heart attacks. (Institute of Medicine (IOM) of the National Academies, Board on Population Health and Public Health Practice, Committee on Secondhand Smoke Exposure and Acute Coronary Events, "Secondhand smoke exposure and cardiovascular effects: making sense of the evidence," Washington, DC- National Academies Press, October 2009) A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function. (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.; Stefanadis, C.; Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary syndromes: the CARDI02000 case-control study," Tobacco Control 11(3); 220- 12.5, September 2002) Studies measuring cotinine (metabolized nicotine) and NNAL (metabolized nitrosamine NICK, a tobacco-specific carcinogen linked to lung cancer) in hospitality workers find dramatic reductions in the levels of these biomarkers after a smoke free law takes effect. Average cotinine Ievels of New York City restaurant and bar workers decreased by 85% after the city's smoke free law went into effect. ([n.a], "The State of Smoke-Free New York City: A One Year Review,"New York City Department of Finance, New York City Department of Health &Mental Hygiene, New York City Department of Small Business Services, New York City Economic Development Corporation, March 2004). After the implementation of Ontario, Canada's Smoke free Indoor Air Law, Ievels of NNAL were reduced by 52% in nonsmoking casino employees and cotinine levels fell by 98%. (Geoffrey T, Fong, et. a)., "The Impact of the Smoke-Free Ontario Act on Air Quality and Biomarkers of Exposure in Casinos: A Quasi-Experimental Study," Ontario Tobacco Control Conference, Niagara Falls, Ontario, December 2, 2006) Clean Air Standards for Workplaces and Public Places Ordinance Page 3-Substitute Bill No.24-12 Following a Health Hazard Evaluation of Las Vegas casino employees' secondhand smoke exposure in the workplace, which included indoor air quality tests and biomarker assessments, the National Institute of Occupational Safety & Health (NIOSH) concluded that the casino employees are exposed to dangerous levels of secondhand smoke at work and that their bodies absorb high levels of tobacco-specific chemicals NNK and cotinine during work shifts. NIOSH also concluded that the "best means of eliminating workplace exposure to [secondhand smoke] is to ban all smoking in the casinos." (Health hazard evaluation report: environmental and biological assessment of environmental tobacco smoke exposure among casino dealers, Las Vegas, NV. By Achutan C, West C, Mueller C, Boudreau Y, Mead K. Cincinnati, OH: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health,NIOSH HETA No. 2005-0076 and 2005-0201-30 80, May 2009) Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. (California Environmental Protection Agency (Cal EPA), "Health effects of exposure to environmental tobacco smoke", Tobacco Control 6(4): 346-353, Winter, 1997.) The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability. (Daynard, R.A., "Environmental tobacco smoke and the Americans with Disabilities Act,"Nonsmokers' Voice 15(1): 8-9) The U.S. Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non- linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking. (Pechacek, Terry F.; Babb, Stephen, "Commentary: How acute and reversible are the cardiovascular risks of secondhand smoke?"British Medical Journal 328: 980-983, April 24, 2004) Given the fact that there is no safe level of exposure to secondhand smoke, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smoke free environments. ASHRAE has determined that there is currently no air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in secondhand smoke and the health risks caused by secondhand smoke exposure, and recommends that indoor environments be smoke free in their entirety. (Samet, J.; Bohanon, Jr.,H.R.; Coultas, D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.; Spengler, J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke," American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 2005) During periods of active smoking, peak and average outdoor tobacco smoke (OTS) levels measured in outdoor cafes and restaurant and bar patios near smokers rival indoor tobacco smoke concentrations. (Klepeis, N.; Ott, W.R.; Switzer, P., "Real-time measurement of outdoor tobacco smoke particles,"Journal of the Air& Waste Management Association 57: 522-534, 2007) Nonsmokers who spend six-hour periods in outdoor smoking sections of bars and restaurants experience a significant increase in levels of cotinine when compared to the cotinine levels in a smoke free outdoor area. (Hall, J.C.; Bernert, J.T.; Hall, D.B.; St Helen, G.; Kudon, L.H,;Naeher, L.P., "Assessment Clean Air Standards for Workplaces and Public Places Ordinance Page 4-Substitute Bill No. 24-12 of exposure to secondhand smoke at outdoor bars and family restaurants in Athens, Georgia, using salivary cotinine,"Journal of Occupational and Environmental hygiene 6(11): 698-704, November 2009) Residual tobacco contamination, or "thirdhand smoke," from cigarettes, cigars, and other tobacco products is left behind after smoking occurs and builds up on surfaces and furnishings. This residue can linger in spaces long after smoking has ceased and continue to expose people to tobacco toxins. Sticky, highly toxic particulate matter, including nicotine, can cling to walls and ceilings. Gases can be absorbed into carpets, draperies, and other upholsteries, and then be reemitted (off-gassed) back into the air and recombine to form harmful compounds. (Singer, B.C.; Hodgson, A.T.; Nazaroff, W.W., "Effect of sorption on exposures to organic gases from environmental tobacco smoke (ETS)," Proceedings: Indoor Air 2002, 2002) Tobacco residue is noticeably present in dust throughout places where smoking has occurred. (Matt, G.E.; Quintana, P.J.E.; Hovell, M.F.; Bernert, J.T.; Song, S.; Novianti, N.; Juarez, T.; Floro, J.; Gehrman, C.; Garcia, M.; Larson, S., "Households contaminated by environmental tobacco smoke: sources of infant exposures," Tobacco Control 13(1): 29-37, March 2004) Given the rapid absorption and persistence of high levels of residual nicotine from tobacco smoke on indoor surfaces, including clothing and human skin, this recently identified process represents an unappreciated health hazard through dermal exposure, dust inhalation, and ingestion. (Sleiman, M.; Gundel, L.A.; Pankow, J.F.; Jacob III, P.; Singer, B.C.; Destaillats, H., "Formation of carcinogens indoors by surface-mediated reactions of nicotine with nitrous acid, leading to potential thirdhand smoke hazards," Proceedings of the National Academy of'Sciences of the United Sates of America (PNAS) 107(15): 6576-6581, February 8, 2010) UnreguIatedd high-tech smoking devices, commonly referred to as electronic cigarettes, or "e- cigarettes, "closely resemble and purposefully mimic the act of smoking by having users inhale vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number of e-cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined that various samples tested contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA's testing also suggested "quality control processes used to manufacture these products are inconsistent or non-existent." {[n.a.], "Summary of results: laboratory analysis of electronic._ cigarettes conducted by FDA," Food and Drug Administration (FDA), July 22, 2009; htt ://www.fda. ov/NewsEvents/PublicHealthFocus/ucml73146.htm Accessed on: October 22, 2009) E-cigarettes produce a vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public places where smoking of traditional tobacco products is prohibited creates concern and confusion and leads to difficulties in enforcing the smoking prohibitions. The Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure and $4.6 billion in lost productivity. (Behan, D.F.; Eriksen, M.P.; Lin, Y., "Economic Effects of Environmental Tobacco Smoke,"Society ofActuaries, March 31,2005.) Clean Air Standards for Workplaces and Public Places Ordinance Page S-Substitute Bill No. 24-12 Numerous economic analyses examining restaurant and hotel receipts and controlling for economic variables have shown either no difference or a positive economic impact after enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is sound economic policy and provides the maximum level of employee health and safety. (Glantz, S.A. & Smith, 1.., "The effect of ordinances requiring smokefree restaurants on restaurant sales in the United States."American Journal of Public Health, 87:1687-1693, 1997; Colman, R.; Urbonas, C.M., "The economic impact of smoke-free workplaces: an assessment for Nova Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, September 200 1) Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses. ("The high price of cigarette smoking," Business & Health I5(8), Supplement A: 6-9, August 1997) The smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance. 9%Q to a� �+€e �ofafe gl°�.rrd� liv �n�aea, as J"Yod.. Section I. Chapter 13, Article 6 Air Pollution Control Regulations of the South Bend Municipal Code is amended to include the following sections, which shall read as follows: Sec. 13-76 Purposes of Clean Air Standards for Workplaces and Public Places. The Common Council finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; (2) to guarantee the right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the desire to smoke. See. 13-76.1 Definitions. The following words and phrases, whenever used in this ordinance, shall be construed as defined in this Section: (a) "Ashtray' means any receptacle that is used for disposing of smoking materials, including, but not limited to, ash and filters. (b) "Bar" means any establishment used primarily for the sale of alcoholic beverages for consumption by patrons on the premises and which holds a retailer's permit under the laws of the State of Indiana. The term includes, but is not limited to, taverns, nightclubs, and cocktail lounges. (c) `Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including, but not limited to, retails establishments where goods or services are provided to the public, and other entities where Clean Air Standards for Workplaces and Public Places Ordinance Page 6-Substitute Bill No. 24-12 accounting, counseling, legal, medical, dental, engineering, architectural, or other professional services are delivered. (d) "Cigar" means any roll of tobacco that has a wrapper or cover consisting only of tobacco, weighing more than four and one-half pounds per 1,000 and is sold without a filter. (e) "Cigarette"means: (1) Any roll for smoking containing tobacco wrapped in paper or in any substance other than tobacco leaf or (2) Any roll for smoking containing tobacco wrapped in any substance, however labeled or named, which because of its appearance, size, the type of tobacco used in the filler, or its packaging, pricing, marketing, or labeling, is likely to be offered to, purchased by, or consumed by consumers as a cigarette as defined above. (f) "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services. (g) "Employer" means a person, business, association, municipal corporation, trust, or nonprofit entity that employs the services of one or more individual employees. (h) "Enclosed Area" means all space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind. (i) "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, or physiological conditions, including but not limited to, hospitals, rehabilitation hospitals, addiction treatment hospitals and facilities, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. The term "Health Care facility" shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities. 0) "Place of Employment"means an area under the control of a public or private employer that employees normal frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. (k) "Playground" means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for Clean Air Standards for Workplaces and Public Places Ordinance Page 7- Substitute Bill No.24-12 play or sports activities, or any similar facility located on public or private school grounds or on South Bend grounds. (1) "Public Place" means an area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, Laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a childcare, adult day care, or health care facility. (in)"Restaurant" means an eating establishment, including but not limited to coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant. (n) "Retail Tobacco Store" means a retail store: I. Utilized primarily for the sale of tobacco and tobacco-related products including, but not limited to cigarettes, cigars, tobacco, pipes, cigarette paper and lighters; 2. That is not licensed for the consumption of meals or alcoholic beverages on the .premises operated in conjunction with another business that is licensed for the on-premises consumption of meals or alcoholic beverages; and 3. In which the sale of tobacco and tobacco-related products accounts for not less than 85%.of the store's gross sales. "Retail Tobacco Store" does not include a tobacco department of a larger commercial establishment such as a grocery store, department store, discount store or hotel. (o) "Service Line" means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service or any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines. (p) "Shopping Mall" means a public walkway or hall area that serves to connect retail or professional establishments. (q) ".Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any lighted or heated tobacco or plant product or equipment intended for inhalation, in any manner or in any form. "Smoking" also includes the use of an e- Clean Air Standards for Workplaces and Public Places Ordinance Page 8-Substitute Bill No. 24-12 cigarette, which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. (r) "Sports Arena" means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys. (s) "Tobacco Specialty Bar"means a business that, as of June 6, 2012: 1. Is licensed to sell alcoholic beverages pursuant to a permit issued by the Indiana Alcohol and Tobacco Commission for on-premises consumption and in which the service of food is only incidental to the consumption of such beverages and the sale of cigars or Hookah tobacco; 2. Is engaged in the business of selling cigars or hookah tobaccos and where at least twenty percent (20%) or more of its total annual gross income over the preceding calendar year derived from the on-site sale of cigars or Hookah tobaccos; 3. That is not physically located within a business otherwise required to be smoke free and 4. Does not sell cigarettes or allow smoking of cigarettes on the premises. See. I3-76.2 Prohibition. of Smoking. Except as provided in Sec. 13-76.6 Exemptions, smoking shall be prohibited in all enclosed public places within the City of South Bend, Indiana, including but not limited to, the following places: a. Aquariums, galleries, libraries and museums. b. Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, Laundromats, professional offices, and retail service establishments. c. Bars. d. Bingo facilities. e. Childcare and adult day care facilities. £ Convention facilities. Clean Air Standards for Workplaces and Public Places Ordinance Page 9-Substitute Bill No.24-12 g. Educational facilities, both public and private. h. Elevators. i. Gaming facilities. j. Health care facilities. k. Hotels and motels. 1. Lobbies, hallways, and other common areas in apartment building, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities. m. Polling places. n. Public transportation vehicles, including buses and taxicabs, under the authority of the City of South Bend, Indiana, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities. o. Restaurants. p. Restrooms, lobbies, reception areas, hallways, and other common-use areas. q. Retail stores. r. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the City of South Bend, Indiana or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City of South Bend, Indiana. s. Service lines. t. Shopping malls. u. Sports arenas, including enclosed places and outdoor areas. v. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. w. Tobacco Specialty Bars. Clean Air Standards for Workplaces and Public Places Ordinance Page i o- Substitute Bill No.24-12 Sec. 13-76.3 Prohibition of Smoking in Enclosed[ Places of Employment. (a) Smoking shall be prohibited in all enclosed areas of places of employment without exception. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. (b) The prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment. See. 13-75.4 Applicability to City Facilities. All facilities and vehicles owned, leased or operated by the City of South Bend, Indiana, as well as outdoor property adjacent to such buildings and under the control of the City of South Bend, Indiana, shall be subject to the provisions of this Article. Sec. 13-75.5 Reasonable Distance. Smoking shall be prohibited outdoors within a reasonable distance from an enclosed area where smoking is prohibited by this Article, but in no event closer than eight (S) feet, so as to insure that tobacco smoke does not enter into establishments designated as smoke free under this Article through entrances, windows, ventilation intakes or other means. See. 13-76.6 Exemptions. Notwithstanding the smoking prohibitions in Sec. 13-76.2 of this Article, smoking will be permitted in the following locations: 1. Retail Tobacco Stores. 2. Private residences, except when used as a licensed childcare, adult day care, or health care facility. 3. Outdoor areas of a golf course not to include miniature golf courses. 4. Any business that as of June 6, 2012: a. Is exempt from federal income taxation under 26 United States Code § 501 (c); b. Is a "club" as that term is defined by Indiana Code § 7,1-3-20-1, or a "fraternal club" as that term is defined by Indiana Code § 7,1-3-20-7; c. Holds a beer, liquor, or wine retailer's permit under the laws of this state; and Clean Air Standards for Workplaces and Public Places Ordinance Page I I -Substitute Bill No. 24-12 d. Provides food or alcoholic beverages only to its bona fide members and guests and, in addition, e. The business: (1) Provides a separate, enclosed, designated smoking room or area that is adequately ventilated to prevent migration of smoke to nonsmoking areas of the premises; and (2) Allows smoking only in the room or area described (i) above. 5. None of the areas in Sec. 13-76.6 Exemptions shall be exempt from the provisions of this Article if smoke from any area enters, either directly or indirectly, through entrances, windows, ventilations systems, or other means, where smoking is otherwise prohibited by this Article. 6. Any business claiming an exemption pursuant to this Sec. 13-76.6 Exemptions shall provide to the South Bend Department of Code Enforcement within three (3) business days of demand, adequate written proof that it qualifies for the exemption claimed. An authorized representative of the business shall certify such written proof under the penalties for perjury. 7. No person or entity shall discharge, refuse to hire or retaliate in any manner against an employee, applicant for employment, or customer because of any attempt to enforce the provisions of this Article by such employee, applicant or customer. See. 13-76.7 Prohibition of Smoking in Outdoor Public Places. Smoking shall be prohibited in the following outdoor places: (a) Within a reasonable distance of eight (8) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas. (b) All outdoor property that is adjacent to buildings owned, leased, or operated by the City of South Bend, Indiana and that is under the control of the City of South Bend, Indiana. (c) In, and within eight (8) feet of, outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited for outdoor seating or serving areas of restaurants and bars. (d) In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in and within eight (8) feet of, bleachers and grandstands for use by spectators at sporting and other public events. Clean Air Standards for Workplaces and Public Places Ordinance Page 12-Substitute Bill No. 24-12 (e) In, and within eight(8) feet of, all outdoor playgrounds. (f) In, and within eight (8) feet of, all outdoor public transportation stations, platforms, and shelters under the authority of the City of South Bend, Indiana. (g) In all outdoor service lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers, parking lot attendants, and toll takers. In lines in which persons in vehicles obtain service, both pedestrians and persons in vehicles, but only within eight (8) feet of the point of service prohibit smoking. (h) In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multi-unit residential facilities, except in designated smoking areas, not to exceed twenty-five percent (25%) of the total outdoor common area, which must be located at least eight (8) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. Sec. 13-76.8 Additional Requirements. (a) All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this Article by the owner, operator, manager, or other person having control of the area. (b) An owner, operator, manager, or official in charge of a public place or place of employment ,shall post conspicuous signs at each entrance that read "The City of South Bend Prohibits Smoking Within g Feet of This Entrance". (c) Any establishment exempted from Section Vi shall clearly and conspicuously post the following sign at every entrance: "Warning: This Is A Smoking Establishment". See. 13-76.9 Declaration of Establishment as Nonsmoking. Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor areas are a nonsmoking place. Sec. 13-76.10 Enforcement. (a) The South Bend Department of Code Enforcement shall enforce this Article. (b) An owner, manager, operator, or employee of an establishment regulated by this Article, shall inform person(s) in violation of the appropriate provisions thereof and shall ask those persons to refrain from smoking. Clean Air Standards for Workplaces and Public Places Ordinance Page 13-Substitute Bill No.24-12 (c) For a business that elects to be exempted under the provisions of Sec. 13-76.6 Exemptions, it shall be the duty of the owner, manager, or operator to ensure that no persons under the age of eighteen (18) are allowed to enter. See. 13-77 Penalties. (a) Any owner, manager, operator, or other person in control of an establishment, facility, or outdoor area found to be in violation of any of the provisions of Sec. 13- 76 through Sec. 13-76.10 shall be issued an ordinance violation citation subject to the following fines: (1) The issuance of a verbal and written warning for the first violation, (2) A fine of Two Hundred and 00/100 Dollars ($200.00) for the second violation within the same calendar year payable through the Ordinance Violations Bureau; (3) A fine of Four Hundred and 00/100 Dollars ($400.00) for a third violation within the same calendar year; (4) A fine of Eight Hundred and 00/100 Dollars ($800.00) for a fourth violation within the same calendar year; and (5) A fine of Fifteen Hundred and 00/100 Dollars ($1,500.00) for each additional violation occurring within the same calendar year. (b) Each day of violation shall constitute a separate and distinct offense. Section 11. Repealer: Any Ordinance in effect, which is inconsistent, or conflicts with any part of this Ordinance is expressly repealed to the extent of such inconsistency or conflict, and the remainder of the Ordinance shall be unaffected and remain in effect. Section III. Severabili : If any section, sentence, or provisions of this Ordinance, or the application thereof to any person or circumstance shall be declared invalid, such invalidity shall not affect any of the other sections, sentences, provisions or application of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section IV. Legal Construction: This Ordinance shall be construed broadly to effectuate the purposes of this Ordinance. Section V. Effective Date: This Ordinance shall be in fail force and effect beginning July 1, 2012, after its passage by the Common Council, its approval by the Mayor, and legal publication. Valerie Schey, 3` District Council Member Clean Air Standards for Workplaces and Public Places Ordinance Page 14-Substitute Bill No. 24-12 Dr. Fred Ferlic, 4` District Council Member Oliver J. Davis, 6`' District Council Member Ga erlic, Council Member at Large C�ttESt: John Voorde, City Clerk 0 resented- by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock_. m. Janice Talboom, Deputy City Clerk ��rotredlvnr�si�necC by me on the day of , 2012, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana s s READING JMC ]-TEARING rd RFAD!NG OT APPROVW EFLRIZwD (kSSED p[3 xN 8� City of South erg �e Common. d Council it 1865 441 County-City Building « 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter The South Bend Common Council J 7, 2012 President 4th Floor County-City Building June Oliver J. Davis South Bend, Indiana 46601 Vice-President Re: Substitute Bill No. 24-I2 Karen L. White Proposed Clean Air Standards for Workplaces and Public Places Chairperson, Committee of the Whole Dear Council Members: Tim Scott Substitute Bill No. 24-12 incorporates the provisions originally contained in Bill No. First District p 24-12. This proposed ordinance would create new regulations addressing clean air Henry Davis, Jr. standards for workplaces and public places. Second District It is our understanding that because this proposed ordinance contains regulations which Valerie Schey would be of a "general and permanent nature", and because it proposes specific Third District penalties, that if passed, the ordinance would need to be codified into the South Bend Fred Ferlic Municipal Cade. Fourth District The format of Substitute Bill No. 24-12 is consistent with the applicable requirements David Varner set forth in Sec. 2-9 of the South Bend Municipal Code. Fifth District We ask that Substitute Bill No. 24-12 be sent to the Health and Public Safety Oliver J. Davis Committee for public hearing and an advisory favorable recommendation, and that it be Sixth District set for 2nd & 3rd readings and public hearing before the Common Council on June 25, 2012. We look forward to working with you on this important health and safety At t L Laa-rge D. Dieter ordinance, which we believe is in the best interest of the City of South Bend. Gavin Ferlic Si erely, At Large Karen, L. White Valerie Schey, P District Couny Oliver J. Davis, 6"' District Council At Large Dr. Fred Ferlic, 0'District Council Gavin Ferlic, At Large Attachment tip...�...... .... :.. .. ......w.a i a Substitute Bill No. 28-12 a Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 5, SECTION 13-75.5 DISORDERLY HOUSES PROHIBITED BY THE INCLUSION OF NEW SUB-PARAGRAPHS 1, m, and n TO PARAGRAPH (a) L51.OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT On October 25, 1993, the South Bend Common Council passed Ordinance No. 8427-93 which created the "Disorderly House Ordinance". That ordinance was the result of South Bend residents voicing their concerns and outrage at the presence of buildings in their neighborhoods where such conduct fell "well below accepted community standards". In an effort to deter such activities upon such premises, the City would provide notice and opportunity to abate the prohibited activity. Persons holding legal or equitable title in the real estate and its occupants are held responsible for the conduct occurring upon the premises, and would be held jointly and severally liable for any fines. The original Disorderly House Ordinance was subsequently amended by Ordinance No. 9240-01 passed on August 13, 2001 and Ordinance No. 9602-05 passed by the Common Council on July 25, 2005. These ordinances strengthened the regulations and added additional activities which would generate legal action under the ordinance. The proposed ordinance is aimed at further addressing activities which have negative and deleterious effects on neighborhoods. This ordinance would add violations of the Indiana state laws addressing activities related to prostitution, racketeering activity and criminal gang activity. These regulations are believed to be in the best interest of the City of South Bend. Section L Chapter 13, Article 5, Section 13-75.5 (a) (5) of the South Bend Municipal Code is amended by the addition of new sub-paragraphs I., m., and n. which shall read as follows: AR'T'ICLE 5. OFFENSES RELATING TO PROPERTY Sec. 13-755 Disorderly Houses Prohibited. 1. Violations of any of the following Indiana statutes.gsverning: 1. Prostitution in violation of Indiana Code § 35-45-4-2; 2. Patronizing a prostitute in violation of Indiana Code & 35-45-4-3; or 3. Promotinz prostitution in violation of Indiana Code § 35-45-4-4. m. Violations of any of the Racketeering activity in violation of Indiana Code 35-45-6-1. Substitute Bill No. 28-12 Adding Prostitution,Racketeering,Drug Dealing,and Criminal Gang Activities to Disorderly House Regulations Page 2 n. Violations of any following Indiana statutes governing 1. Criminal gang activity in violation of Indiana Code 35-45-9-3• 2. Criminal gang intimidation in violation of Indiana Code & 35-45-9-4; or 3. Criminal gang recruitment in violation of Indiana Code 35-45-9-5. o. Violations of any of the followin2 Indiana statutes governing: 1. Dealing in cocaine or a narcotic drug in violation of Indiana Code § 35-48-4-1 2. DealinR in metham hetamine in violation of Indiana Cade 35-48-4-1.1 3. Dealing in a schedule I, ,11 or III controlled substance in violation of Indiana Cade § 35-48-4-2; 4. ea zna:�.n a schedule IV controlled substance in violation of Indiana Code §.35- _ ,o,, ,.., 48-4-3; 5. Dealing in a schedule V controlled substance in violation of Indiana Code § 35- 48-4-4-4, o 6. Dealing in marijuana, hash oil, hashish_, salvia or a synthetic drug.,in,violation of Indiana Code � 35-48-4-10. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in fall force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member Tim Scott 1 st District Council Member atteit.' John Voorde, City Clerk Substitute Bill No. 28-12 Adding Prostitution,Racketeering,Drug Dealing,and Criminal Gang Activities to Disorderly House Regulations Page 3 0resented- by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock . m. Janice Talboom, Deputy Clerk c ,roved-and-,ci5ned- by me on the day of , 2012, at o'clock .art. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed $nT . . .`.. .. ..-.sa-.c.a.... _.�.. •k 1 ' I 5t PEADN"k PUBLIC HE ARIING � 3 rd READING NOT APPR©VkD t;l"E tdl� IZEFERRED PASSED Indiana Code 35-48-4 Page 1 of 4 IC 35-48-4-1 Dealing in cocaine or narcotic drug Sec. 1. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of; cocaine or a narcotic drug, pure or adulterated, classified in schedule I or II; commits dealing in cocaine or a narcotic drug, a Class B felony, except as provided in subsection (b). (b) The offense is a Class A felony if- (]) the amount of the drug involved weighs three(3) grams or more; (2) the person: (A) delivered; or (B) financed the delivery of; the drug to a person under eighteen (18) years of age at least three (3) years junior to the person; or (3) the person manufactured, delivered, or financed the delivery of the drug: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet of (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center. As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.96;Acts 1979, P.L.303, SEC.$;P.L.296-1987, SEC5; P.L.165-1990, SEC.3; P.L.296-1995, SEC3; P.L.65--1996, SEC11; P.L.17-200.1, SEC.19; P.L.151-2006, SEC.22. IC 35-48-4-1.1 Dealing in methamphetamine Sec. 1.1. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of, methamphetamine, pure or adulterated; or (2)possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of, methamphetamine, pure or adulterated; commits dealing in methamphetamine, a Class B felony, except as provided in subsection (b). (b) The offense is a Class A felony if- http://www.in.gov/legislative/ic/code/title35/ar48/ch4.btm] 6/28/2012 Indiana Code 35-48-4 Page 2 of 4 (1) the amount of the drug involved weighs three (3) grams or more; (2) the person: (A) delivered; or (B) financed the delivery of; the drug to a person under eighteen (18) years of age at least three (3) years junior to the person; or (3) the person manufactured, delivered, or financed the delivery of the drug: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet of: (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center. As added by P.L.151-2006, SEC 23. IC 35-48-4-2 Dealing in a schedule I, II, or III controlled substance Sec. 2. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; a controlled substance, pure or adulterated, classified in schedule I, 11, or III, except marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of, a controlled substance, pure or adulterated, classified in schedule 1, 11, or III, except marijuana, hash oil, hashish, salvia, or a synthetic cannabinoid; commits dealing in a schedule 1, 11, or III controlled substance, a Class B felony, except as provided in subsection (b). (b) The offense is a Class A felony if: (1) the person: (A) delivered; or (B) financed the delivery of; the substance to a person under eighteen (18) years of age at least three (3) years junior to the person; or (2) the person delivered or financed the delivery of the substance: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet of. (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center. As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.97;Acts 1979, P.L.303, SEC.9;P.L.296-1987, SEC.6;P.L.165-1990, SEC.4;P.L.296-1995, SECA P.L.65-1996, SEC.12; P.L17-2001, SEC20;P.L.138-2011, SEC.13; P.L.182-2011, SEC.13. http://www.in.gov/legislative/ic/code/title35/ar48/ch4.html 6/28/2017, Indiana Code 35-48-4 Page 3 of 4 IC 35-45-4-3 Dealing in a schedule IV controlled substance Sec. 3. (a)A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; a controlled substance, pure or adulterated, classified in schedule IV; or (2) possesses, with intent to manufacture or deliver, a controlled substance, pure or adulterated, classified in schedule IV; commits dealing in a schedule IV controlled substance, a Class C felony, except as provided in subsection (b). (b) The offense is a Class B felony if. (1) the person: (A) delivered; or (B) financed the delivery of; the substance to a person under eighteen (18) years of age at least three (3) years junior to the person; or (2) the person delivered or financed the delivery of the substance: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet of- (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center. As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.98; P.L.296-1987, SEC 7,•P.L.165-1990, SEC5; P.L.296-1995, SEC.5; P.L.65-1996, SEC.13; P.L.17-2001, SEC.21. IC 35-48-4-4 Dealing in a schedule V controlled substance ,Sec. 4. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of, a controlled substance, pure or adulterated, classified in schedule V; or (2) possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of, a controlled substance, pure or adulterated, classified in schedule V; commits dealing in a schedule V controlled substance, a Class D felony, except as provided in subsection (b). (b) The offense is a Class B felony if: (1) the person: (A) delivered; or http://www.in.gov/Iegislative/ic/code/title35/ar48/ch4.html 6/28/2012 Indiana Code 35-48-4 Page 4 of 4 (B) financed the delivery of; the substance to a person under eighteen (18) years of age at least three (3) years junior to the person; or (2) the person delivered or financed the delivery of the substance: (A) on a school bus; or (B) in, on, or within one thousand (1,000) feet o£ (i) school property; (ii) a public park; (iii) a family housing complex; or (iv) a youth program center. As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC99; P.L.296-1987, SEC.8,' P.L.165-1990, SEC 6;P.L.296-1995, SEC.6; P.L.65-1996, SEC.14; P.L.17-2001, SEC.22. http://www.in-gov/legislative/ic/code/title35/ar48/eh4.html 5/28/2012 Indiana Code 35-48-4 page 1 of I IC 35-48-4.10 Dealing in marijuana, hash oil, hashish, salvia, or a synthetic drug Sec. 10. (a) A person who: (1) knowingly or intentionally: (A) manufactures; (B) finances the manufacture of; (C) delivers; or (D) finances the delivery of; marijuana, hash oil, hashish, salvia, or a synthetic drug, pure or adulterated; or (2)possesses, with intent to: (A) manufacture; (B) finance the manufacture of; (C) deliver; or (D) finance the delivery of; marijuana, hash oil, hashish, salvia, or a synthetic drug, pure or adulterated; commits dealing in marijuana, hash oil, hashish, salvia, or a synthetic drug, a Class A misdemeanor, except as provided in subsection (b). (b) The offense is: (1) a Class D felony if: (A) the recipient or intended recipient is under eighteen (18) years of age; (B) the amount involved is: (i) more than thirty(30) grams but less than ten (10) pounds of marijuana or more than two (2) grams but less than three hundred (300) grams of hash oil, hashish, or salvia; or (ii) more than two (2) grams of a synthetic drug; or (C) the person has a prior conviction of an offense involving marijuana, hash oil, hashish, salvia, or a synthetic drug; and (2) a Class C felony if: (A) the amount involved is ten (10) pounds or more of marijuana or three hundred (3 00) or more grams of hash oil, hashish, or salvia, or the person delivered or financed the delivery of marijuana, hash oil, hashish, or salvia: (i) on a school bus; or (ii) in, on, or within one thousand (1,000) feet of, school property, a public park, a family housing complex, or a youth program center; or (B) the amount involved is more than two (2) grams of a synthetic drug and the person delivered or financed the delivery of the synthetic drug: (1) on a school bus; or (ii) in, on, or within one thousand (1,000) feet of school property, a public park, a family housing complex, or a youth program center. As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC 105;Acts 1979, P.L.303, SEC 11;Acts 1982, P.L.204, SEC38; P.L.296-1987, SEC.11; P.L.165-1990, SEC.12;P.L.296-1995, SEC.9; P.L.65-1996, SEC 17;P.L.17-2001, SEC 26; P.L.138-2011, SEC 16; P.L.182-2011, SEC.16,- P.L.78-2012, SEC.14. http://www.in.gov/legislative/ic/code/title35/ar48/ch4.html 612919(MI. --"4ity of South Bend Common Council PFAACE A. 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Pax (574) 235-9173 http-://www.southbendin.gov Derek D. Dieter President Oliver J. Davis Vice-President June 28, 2012 Karen L. White Members of the Common Council Chairperson, Committee 4th Floor County-City Building of the Whole South Bend, Indiana 46601 Tire Scott Re: Substitute Bill No. 28-12 First District Ordinance Adding Prostitution, Racketeering,Drug Dealing, and Henry Davis, Jr. Criminal Gang Activities to Disorderly Douse Regulations Second District Dear Council Members: Valerie Schey Third District On June 20,h I filed a proposed ordinance aimed at strengthening our Disorderly Fred Ferlic House regulations. That Bill was aimed at adding prostitution, racketeering and Fourth District criminal gang activities. David Varner Since filing that Bill, I have been advised that the City of Fort Wayne approved last Fifth District month, an amendment which strengthens their drug house regulations. Oliver J. Davis The attached Substitute Bill No.28-12 would add an additional new sub-paragraph Sixth Distract (o) which would add dealing in various types of drugs and synthetic drugs to the list Derek D. Dieter of unacceptable activities which unfortunately are plaguing too many of our At Large neighborhoods. Gavin Ferlic I believe that this ordinance will provide additional enforcement tools for the City At Large Administration which are not only reasonable, but necessary. Karen L. White I look forward to discussing this with you and the City Administration at the At Large upcoming Health and Public Safety Committee meeting. Thank you. 'ncereIy, Tim Scott 1st District Council Member �,._.. South Bend Common Council i s I'd -U,,K,18OU H BENEJ�, V��kA� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $20,625.00 WITHIN GENERAL FUND NO. 101 FROM A DEPARTMENT" OF ADMINISTRATION AND FINANCE ACCOUNT TO AN OFFICE RENTAL ACCOUNT IN THE SOUTH BEND HUMAN RIGHTS DIVISION S'T'ATEMENT OF PURPOSE AND INTENT The City of South Bend Human Rights Division of the Department of Administration and Finance (Human Rights Division) currently maintains its offices at 301 South St. 1,ouis Boulevard, South Bend, Indiana. The City of South Bend Public Works Department has inspected the current facility and determined that it is inadequate to meet the needs of the Human Rights Division and would require substantial repair costs of as much as $250,000 to fully rehabilitate this facility. Office space which meets the Human Rights Division's needs for confidentiality of claimants, ADA accessibility, and convenience of South Bend residents has been located at 319 Niles Avenue, South Bend, Indiana, and requires a lease with the property owner, 319 I..I,C. The initial lease term is for five (5) years, and the annual cost will not exceed $45,000. The lease term is expected to begin effective July 15, 2012. Filed previously with the South Bend Common Council is Substitute Bill No. 12-87, a Resolution which seeks Council's finding that the lease with 319 IA.0 for the Human Rights Division is necessary. Adoption of this Resolution will require the expenditure and transfer of funds pursuant to this Ordinance. In 2012 the office rental costs for the I-Iuman Rights Division should not exceed $20,625.00 which is calculated at $3,750 per month times 5.5 months (July 15, 2012 through December 31, 2012). This expenditure was not contemplated in the 2012 Human Rights Division budget, and this Ordinance transfers $20,625.00 from the Administration and finance Department's Professional Services Account to a new Office Rental Account in the Human Rights Division. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL, OF TIII, CITY OF SOUTH BEND, INDIANA as follows: Section 1. The sum of$20,625.00 shall be transferred within General Fund No. 101 from the Professional Services Account in the Administration and Finance Department to a new Office Rental Account in the Human Rights Division budget for 2012 for the purpose of paying rent in 2012 for office space located at 319 Niles Avenue, South Bend, Indiana, Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. sOU T11 e� 1400 CouNrY-C7TYBuiLDwr, : „\ PHoNE 5741235-9241 227W.JEFPI?RsoNBouavmD FAX 574/235-7670 SouTi4 BEND,INDrANA 46601-1830 R 1865 CITY OF SOUTH BEND PETE BUTnGIEG,MAYOR DEPARTMENT OF .LAw ALADF.AN M. DERosF, 0TYArTORNEY,AD IN=M .tune 20,2012 Mr. Derek Dieter President, South Bend Common Council 4"'Floor, county-City Building South Bend, Indiana 46601 Re. Ordinance Transferring $20,625.00 for Lease Payment on Iluman Rights Coinniission Office Dear President Deeter: Presently pending before the Common Council is Bill No. 12-47 by which the Common Council has been requested to rna-ke a finding that lease of office space at 319 Niles Avenue is necessary for the South Bend I-Iurnan Rights Commission. The attached ordinance is a companion to Bill No. 12-47. This ordinance transfers $20,625.00 within General fund No. 101 fi-om a Department of Administration and Finance account to an office rental account in the South Bend Hurnan bights Division of the City Department of Administration and Finance. This transfer comprises the maximum annual cost for 2012 of the Human Rights Commission lease which we hope will be approved under pending Bill No. 12-47. The Council at its last meeting continued its consideration of Bill No. 12-47 to the meeting of July 9, 2012. It is appropriate that both the ordinance being fled at this time be considered with 13111 No. 12-47 because they are related. I will make the presentation to the Council of the attached ordinance at the Council's regular meeting and at its Committee meeting. It is the sincere hope of the Hurnan Rights Commission as well as the City administration that the Council favorably pass both Bill No, 12-47 and the attached ordinance. Thank you for your consideration. Sincerely, f , ?L_ Aladean M. DeRose1 City Attorney A.I. f.:.r N 'U ' �Gi1 1 CHERYL A. GREENE ANN-CAROL NASH ANDREA L. BEACHKoFsKy LAWRENCE J.METE1vFR JEFFREY L.SANFORD RESOLUTION NO. RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF .PROPERTY AT 319 NILES AVENUE, SOUTH BEND, INDIANA, IS NECESSARY FOR USE AS GENERAL OFFICE SPACE WHEREAS, the Board of Public Works of the City of South Bend, Indiana, received a petition on May 14, 2012 signed by fifty taxpayers of the City of South Bend, requesting that the Board lease the office space at 319 Niles Avenue, South Bend,Indiana,by entering into a lease with 319 Niles,LLC for a term of five(5)years with an option to renew for one additional five year terra with a monthly rental of Three Thousand Five Hundred Fifty-Five Dollars ($3,555.00)for the initial five year term; and WHEREAS, on May 14, 2012, the Board of Public Works received a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signers of the Petition are taxpayers of property within the corporate limits of the City of South Bend; and F WHEREAS, I.C. 36-1-10-7(2)requires; before the Board of Public Works as "leasing agent" enters into a lease agreement, that the Common Council, as fiscal body, determine alter investigation that the premises are needed, and that the lease amount is reasonable; and WHEREAS, the Board of Public Works has conducted the public hearing required by I.C. 36-1-10-13. BE IT THEREFORE RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. The Common Council wishes to provide office space in the proposed location in order to offer the services of the South Bend Human rights Commission to the residents of the City. 3. The office proposed to be]eased at 319 Niles Avenue, South Bend, Indiana,contains approximately 2,975 square feet of space on the first floor, which is sufficient to accommodate the activities for which the space is intended. 4. On May 14, 2012, a Petition signed by fifty taxpayers of the City of South Bend, Indiana,was filed with the Board of Public Works of the City ofSouth Bend,Indiana,requesting that the Board lease the property at 319 Niles Avenue, South Bend,Indiana,by entering into a lease with 319 Niles,LLC for a term of five(5)years with an option to renew for one additional five year term with a monthly rental of Three Thousand Five Hundred Fifty-Five Dollars($3,555.00)for the initial five year term. S On May 14, 2012, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and signers of the Petition are taxpayers of property within the corporate limits of the City of South Bend. 6. A proposed lease agreement for the premises was filed with the Board of Public Works,a true and complete copy of which is attached hereto and incorporated herein, the original of which is located for public inspection at the Office of the Clerk of the Board of Public Works, 13`x' Floor, County-City Building, South Bend, Indiana, and after public hearing held May 29, 2012 at 9:30 a.m., the Board of Public Works approved Resolution No. 27-2012, a copy of which is also attached hereto and incorporated herein. 7. Having considered the presentation and hearing on this Resolution, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36-1-10-7(2), that the lease of property at 319 Niles Avenue as office space is needed, as petitioned by the fifty taxpayers of the City of South Bend, whose signatures were certified by the St. Joseph County Auditor, 8. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, South Bend Commonkouncil a1"t4' ..� t�y.`�.��,�Y4i:!3iru+,/ .x.rd ^}t:' •a ; C.T.'!.1 W 1 y�R� 6k ......... FMAY 2 3 2 6 i 2 NOT APPROVEu �1 f Lfi deL�6.Y'�ky�il.�.1•AL i'! i�:��3fi'y t6'& � $our$�� 1400 CouNry CTTYBLu DTNG ��"� NoNp 574/235-9241 227 W JFFPF.RSON BOULEVARD �� �\ � ,� �i Sov'rHBErzo,iNDTATVn 4660I-1830 w � FAX 574/235-7670 X X865 CITY OF SOUFH BEND PE'T'E BumGIEG,MAYOR DEPARTMENT OF ILAw ALADFAN M. DERosF- Ca YATZoRNEY,AD 1NTERrM May 22, 2012 Mr. Derek Dieter President, South Bend Common Council 0" Floor, County-City Building South Bend, IN 46601 Re: Resolution to Lease Office Space for the South Bend Human Rights Commission Dear President Dieter: Attached for filing with the Common Council for final action at the June 11, 2012 meeting is a Resolution to lease office space for the benefit of the South Bend Human Rights Commission. For over a year, the space now occupied by the South Fiend Human Rights Commission at 301 S. St. Louis Boulevard has generated concerns about maintenance, obsolescence, and client accessibility. The City Engineering Department has inspected the property and concluded that the level of repair needed to correct problems exceeds the benefit in retaining this building for the South Bend I luman Rights Commission's active use. Fortunately, the City has identified first floor office space at a 19 Niles Avenue which ideally meets all the South Bend Human Rights Commission's needs, including a good size, well appointed conference room. With education and outreach being an integral part of the Human Rights Commission's activity, this is very positive. The lease is for a five (5) year term with another five (5) year renewal and rent of$3,555.00 per month. Human Rights Commission Director Lonnie Douglas and his entire staff are grateful for this opportunity and look forward to a move to 319 Niles Avenue, Because Mr. Douglas cannot be present at the June 1 1 Council meeting due to his required attendance at a national equal employment event, I will provide information from the Commission, and Controller Mark Neal will also present this Resolution to the Council at its Committee and regular meeting. Thank our ou for consideration. ' �_ == Y Y tl in Sincerely, A fw Aladean M. DeRose - City Attorney, A.1. CHERYL A. GREENE ANN-CAROI.NAsu ANDREA L. BEACHKOFSKY LAWRENCE J.METFIVER ,JEFFREY L.SANFORD 0. RESOLUTION Bill No. 12- A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, REQUESTING THAT DOWNTOWN SOUTH BEND BE RE-AFFIRMED AS A TOP PRIORITY FOR CREATIVE AND SUSTAINABLE REVITALIZATION; THAT ALL POSSIBLE GRANT OPPORTUNITIES BE PURSUED; AND THAT CHASE TOWER BE ADDRESSED *kflm4 on December 7, 2010, Indiana's Lieutenant Governor announced that "Downtown South Bend, Inc." had joined the Indiana Main Street Program which "encourages the revitalization and restoration of downtown areas in Indiana cities and towns" with this program being administered by the Indiana Office of Community and Rural Affairs (OCRA); and G," Indiana's Lieutenant Governor noted that day that "viable downtowns are crucial to the economic health of our state" and that the program is aimed to "encourage a favorable environment for businesses" focusing on a "Four Point Approach" stressing "creating new streetscapes, facilitating housing initiatives, developing commercial and mix-use projects, and strategic planning for the downtown community" ; and 6, [ the Indiana Main Street Program is offering Downtown Enhancement Grants to support and promote community-based planning, marketing, and restoration efforts in Indiana Main Street communities. These efforts are aimed to "improve the quality of life for residents and provide opportunities for increasing private investment and employment". Projects which may qualify for funding include "promotional campaigns, program branding, faVade renovations or rehabilitations, and other initiatives", with such grant applications becoming available on July 9, 2012, and will be due to OCRA on August 31, 2012, and the Common Council believes that such grant opportunities should be pursued; and Ofi" in light of the May 30, 2012 announcement by representatives of the Summit Club that "South Bend's highest restaurant" located in the heart of downtown South Bend is closing its doors after more than forty (40) years of providing culinary delights from such a spectacular location; and with the continuing challenges being faced by the downtown Chase Tower which are reported to need "at least $6 million on immediate, necessary fixes on a new roof, new energy efficient windows, new elevators, an improved HVAC system and other structural repairs"; every possible opportunity should be pursued in order to assist in stepped-up, positive actions for the sustainability of our downtown. '� ,6° T 8 City of South e t Common Council ISbS 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbcndin.gov Derek D. Dieter President July 2, 2012 Oliver J. Davis The South Bend Common Council Vice-President 4th Floor County-City Building, Karen L. White South Bend, Indiana 46601 Chairperson, Committee Dear Council Members: of the Whole Tim Scott With the recent announcement that the Summit Club, located on the top floor of the First District Chase Tower, in the heart of downtown South Bend has closed its doors after more than forty (40) years in this location, our downtown has received a significant gut- Henry Davis, Jr. punch. Second District Because we are a diverse, resilient, hard-working and dedicated community, we must Third District Valerie District all pull together to timely address the congestive heart failure currently attacking the very heart of our downtown. Fred Ferlic Fourth District The attached resolution makes reference to the Indiana Main Street Program, which Downtown South Bend, Inc. joined in December of 2010. The Indiana Office of David Varner Community and Rural Affairs (OCRA) administers this program. OCTA lists Aaron Fifth District Perri as Downtown South Bend, Inc.'s Director. We believe that the public is entitled to greater transparency of this program and further believes that although the Oliver J. Davis OCRA Downtown Enhancement Grant is modest in amount, that it should be Sixth District pursued.. We have attached information from OCRA about this grant program for Derek D. Dieter your review. At Large In the interest of promoting greater collaboration, we will be inviting Mr. Perri to a Gavin Ferlic Community and Economic Development Committee meeting after July 9, 2012, At Large which is the first date that the OCRA grant application becomes available. In this way the Council will all have an opportunity to hear more about the "Four Point Karen L. White Approach" developed for South Bend which is to stress "creating new streetscapes, At Large facilitating housing initiatives, developing commercial and mix-use projects, and strategic planning for the downtown community". We seek your favorable support of this Resolution. We are requesting that it be referred to the Community and Economic Development Committee for review, public hearing and advisory recommendation at its meeting to be held on Monday, July 9, 1012. We look forward to discussing this important topic which is aimed to help the vitality of downtown South Bend. We believe that these discussions will also Cover Letter for Downtown South Bend Resolution July 2,2012 Page 2 provide an opportunity for Scott Ford, the newly named Executive Director of the Department of Community Development, to begin to share his Department's proposed vision and strategic plans for our downtown. Thank you. Most sincerely, Henry Davis, Jr., 2"d District Council Member Valerie Schey, 3`a District Council Member Karen L. White, Council Member at Large Oliver Davis, 6 I District Council Member Attachments RESOLUTION Bill No. 12-- A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING THE CONTRACTUAL SERVICES AGREEMENT SUBJECT TO BUDGETARY APPROPRIATIONS FOR THE DIVERSITY COMPLIANCE OFFICER G," on April 12, 2011, the South Bend Common Council passed ordinance No. 1008 1-11 addressing "Minority and Women Business Enterprise "Diversity Development Programs" which have been codified into the South Bend Municipal Code as § 14.5-1 through § 14.5-12; and W on May 14, 2012, the South Bend Common Council adopted Resolution No. 4180-12 approved the Minority/Women Business Enterprise Utilization Board's recommendation for the engagement of a Diversity Compliance Officer, subject to an Agreement being approved by the Common Council; and 4 South Bend Municipal Code as §14.5-9 and §14.5-10 set forth the roles and responsibilities of the Diversity Compliance Officer; and G" on May 29, 2012, the Board of Public Works of the City of South Bend entered into an Agreement with Trinal, Inc. to provide services as the Diversity Compliance Officer which are being sent to the Council for approval. /m ' Ei'& lY 6'° aft' ai uV1Y'We YV0i4A ffmu4 aoec� as follows: Section 1. The "Agreement for Professional Services by and between the City of South Bend, Indiana and Trinal, Inc." was approved by the Board of Public Safety on May 29, 2012, and is attached for review by the Council. Section II. The Council approves said Agreement subject to yearly budget appropriations as set forth therein. ,Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor, Member of the Common Council Mon Coma Pete Buttigieg, Mayor Off South Bend, Indiana - John Voorde, City Clerk / N D +,a FFl�oo D $01)TH SEND,IN POT APP;,.r,?yE7 ok 11ti1�',l��'I�i�4d City of South Bend Common Council 2865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://www.southbendin.gov President Oliver J. Davis Vice-.President Karen L. White July 3, 2012 Chairperson, Committee of the Whole The South Bend Common Council 4th Floor County-City Building Tim Scott South Bend, Indiana 46601 First District Henry Davis, Jr. Dear Council Members: Second District On May 9"' 1 filed a cover letter with the first resolution addressing the Valerie Schey MBEWBE Utilization Board's recommendation for a Diversity Compliance Third District Officer, Fred Ferlic The attached resolution is the 2,d step to needed to finalize the contractual Fourth District arrangement for the Diversity Compliance Officer Contractual Services. The David Varner resolution makes all such services subject to proper budgetary appropriations. Fifth District I request that this proposed resolution be referred to the Personnel and Finance Oliver J. Davis Committee so that it may be heard next Monday. Thank you. Sixth District Mos s' cerely, Derek D. Dieter At Large K en L. White, Chairperson Gavin Ferlic Personnel and Finance Committee At Large South Bend Common Council Karen L. White Attachments At Large Filed', �a. « .; . jull MI1 Y Cum AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA,. AND TRINAL, INC. (Diversity Compliance Officer) THIS AGREEMENT is made effective the shay ofc_ , 2012 by and between the City of South Bend, Indiana, a municipal corpora on organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works ( "City") and TRINAL, INC., a For-Profit Foreign Corporation registered to conduct business in Indiana and having its principal place of business at 329 West 18a' Street Suite 401 Chiea Illinois 60616 ("Contractor"). o For and in consideration of the mutual covenants and promises contained herein, the City and Contractor hereby agree as follows: Section 1. Duties of the Contractor. The Contractor shall provide the Services which are more particularly described at Exhibit "A" attached hereto and incorporated herein. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Section 2. Consideration. The Contractor will be paid as set forth at Exhibit "A". The total consideration under this Agreement shall not exceed the sums of Sixty-seven Thousand Four Hundred and 00/100 Dollars ($67,400.00) for 2012, Sixty-six Thousand One Hundred Thirty-six and 00/100 Dollars ($66,136.00) for 2013, and Fifty Thousand Seven Hundred Seventy-three and 00/100 Dollars ($50,773.00) for 2014. The grand total consideration under this Agreement shall not exceed the total sum of One Hundred Eighty-four Thousand Three Hundred and Nine 00/100 Dollars ($184,309.00) for the three(3) year period. Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest under Indiana Code § 5-17-5. Section 3. Term (and Renewal Option, if Applicable). This Agreement shall be effective for a period of approximately Thirty (30) months commencing on June 1, 2012, ("Effective Date") and shall end on December 31, 2014 ("Expiration Date"). The Parties may mutually agree in writing to extend the term of this Agreement far an additional period of time after the Expiration Date, subject to the same terms and conditions set forth in this Agreement unless otherwise mutually agreed by the Parties in writing. Section 4. Assignment; Successors. The Contractor shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the City. Section 11. E-Verify. The Contractor affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self-employed and does not employ any employees. The Contractor shall require his/her/its subcontractors, who perform work under this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty(34) days after being notified by the City. Section 12. Minority and Women's Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, Iabor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking-the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (I) year from the date of such determination, and such determination may also be grounds for tenninating the contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. services-Professional TKENAL.doc 3 Section 13. Corporate Authority, The person signing on behalf of the Contractor represents that he/she has been duly authorized to execute this Agreement on behalf of the Contractor, and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Contractor after acceptance by the City. IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written, above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. 'I'RINAL, INC. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary pilot, president rirrle anP an i e - ��. l" W*R , ember zE),D'er F tea Tess —� Don 1 s ber ox A 1✓ST: f�. a A p � Martin e Cl k e�p rare ax Signature Pa eta Semite Agreement by and between Board of Public Works and Trinal, Irxc., dated - �� Services-Professional TRINAL.doc 4 EXHIBIT A Scope of Services TR A NAL® EXHIBIT A SERVICES Trinal, Inc. proposes to provide professional services to the City of South Bend, Indiana in response to its Request for Proposals for Diversity Compliance Officer Contractual Services for the Diversity Utilization Board(DUB)and the Cammon Council of the City of South Bend. Based upon the criteria outlined in the RFP for such services and our company's experience in developing, implementing, monitoring and reporting on diversity initiatives for the public and private sectors, we propose to execute our scope in the following manner. 2012- SCOPE OF SERVICES I. OUTREACH a, Develop MBE/WBE/DBE outreach program b. Implement MBE/WBE/DBE outreach program c. Report outcomes of MBE/WBE/DBE outreach program in mutually agreed upon format d. Coordinate two(2) outreach initiatives, such as MBE/WBE/DBE networking events and Capacity building workshops e. Create outreach materials for public distribution £ Establish linkages with Professional and Trade Associations, and Community-Based Organizations, such as the South Bend NAACP Branch, Urban League of South Bend & St. Joseph County, and the Chamber of Commerce of St. Joseph County g. Assist in identifying existing and potentially certifiable MBE/WBE/DBE firms h. Create brochure outlining City's Diversity program and goals 13. REPOR'T'ING a. Create reporting format to capture MBE/WBE/DBE spend on federally funded projects b. Assist in the compilation and completion of the MBE/WBE Participation Report to be filed with the Office of the City Clerk by third (3`d) Wednesday of each January, beginning January 2013 c. Draft and submit 2012 Diversity Compliance Report in a mutually agreed upon format d. Create MBE/WBE procurement forms for departments to report MBE/WBE spend e. Provide monthly report of project activity III. MEETINGS a. Initial kick-off meeting with project stakeholders to discuss targeted outreach and diversity tracking goals and objectives b. Conference Calls with project stakeholders. Average of two(2)per month for 2012 c. Attend meetings, as requested, with Professional and Trade Associations to present City's new outreach program d. Attend meetings, as requested, with identified City representatives and other key project stakeholders e. Attend and present at one(1)meeting with St. Joseph Valley Building Trades Council and the Building and Construction Trades Local Unions of St. Joseph County f Develop and prepare meeting handouts relative to City outreach program TR i NAL, IV. PROGRAM ADMINISTRATION a. Review MBE/WBE Diversity Development Program as outlined in Ordinance No. 10081-11 for compliance with industry best practices b. Provide recommendations regarding best practices and assist in the design and implementation of recommendations c. Provide technical guidance to City Administration,Public Works Director, Procurement/Purchasing Director on MBE/WBE Diversity Development Program d. Assist in developing capacity building programs and mentor-protege programs e. Provide technical guidance in annual review of Program V. GPTSTm(Global Project Tracking System) a. Initial set-up of Trinal's proprietary, web-based MBE/WBE and Workforce Compliance system 2013 -SCOPE OF SERVICES I. GPTSTM A. Full rollout of web-based compliance tracking and reporting system II. Training A. Train City staff on utilization of GPTSTM III. Reporting A. Assist City staff with development of MBE/WBE-related reports B. Assist City staff with preparation of reports 2014 - SCOPE OF SERVICES 1. GPTSTM A. Maintenance of GPTSTM II. Training A. Additional training of City staff on utilization of GPTSTM III. Program Administration a. Conduct audit of Program for compliance with said goals and objectives TR 1 NAL® FEES Trinal, Inc.proposes to provide professional services to the City of South Bend, Indiana(City) in response to its Request for Proposals for Diversity Compliance Officer Contractual Services for the Diversity Utilization Board(DUB) and the Common Council of the City of South Bend. Based upon our understanding of South Bend's Ordinance No. 1008 1-11 addressing Minority and Women Business Enterprise Diversity Development Programs, as amended, and in response to the tasks as outlined in the RFP, and our experience in developing, implementing,monitoring and reporting on diversity initiatives for the public and private sectors, we propose the following costs to perform our proposed scope of services contained herein(Section 4) Scope of Services and to initiate the implementation of our proprietary web-based diversity management system, GPTSTM. YEAR DESCRIPTION COST 2012 Professional Services *Based on Hourly Rates for Services (Outreach, Meeting, Reporting and determined by the City with an estimated not to Program Administration.) exceed amount of$66,000.00 for services �e rendered from May 1 s1—December 31,2012. GPTSTM Software License/Hosting Fee Waived Report Customizati on $1,400.00 Total Costs for Professional Services $67,400.00 and the GPTSTM 2012 2013 Professional Services *Based on Hourly Rates for Services determined by the City with an estimated not to exceed amount of$40,000.00 for services rendered from Jana I"—December 31. GPTSTM 2013. On-Site Training for South Bend staff $2,345.00 Initial Training for Vendors $3,345.00 Software License/Hosting Fee $20,638.00 Customer Support Fee 1 $8,400.00 On-Site§Ltup &Data Loadin $3,608.00 Re port Customization $1,400.00 Total Costs for Professional Services $66,136.00 and the GPTSTM 2013 TR i NA L.® 2014 Professional Services *Based on Hourly Rates for Services Determined by the City with an estimated not to exceed amount of$20,000.00 retainer to be applied against fees charged for services GPTSTM rendered from January I December 31, 2014. Initial Training for Vendors $3,345.00 Software License/Hosting Fee $14,920.00 Customer Support Fee $8,400.00 On Setup &Data Loadin $4,108.00 Total Costs for Professional Services $50,773.00 and the GPTSTM 2014 *HOURLY RATES FOR PROFESSIONAL SERVICES Hourly Rates for Professional Services Trinal, Inc.'s rates are as followed: In an effort to demonstrate that we truly seek the opportunity to work with the City we have identified our hourly rate below, which would permit you to customize specific tasks as outlined in Section 4 Scope of Services of our response. ® Principle: $166.00 per hour Client Manager: $12 1.00 Project Manager: $84.00 per hour e Site Visit Coordinator: $70.00 ® Customized Computer Programming Services: $130.00 per hour s Clerical Assistant: $55.00 per hour The hourly rates cited above shall be effective through December 31,2012. The hourly rates for January I —December 31, 2013 shall increase based on the CPI for 2013. The hourly rate for January I --December 31, 2014 shall increase based on the adjusted hourly rate for 2013 and the increase based on the CPI for 2014. The foregoing fees do not include the fees for reports and services not cited hereon, which may be requested by South Bend Department of Public Works and which would be generated through either the GPTS Legacy and/or the GPTS Web based solution. The foregoing fees do not include fees and the cost for licensing other modules of the GPTS Web based solution, which generates workforce-hiring payroll, related reporting. Such cost can be provided upon request. The usage ofTrinal's GPTS is subject to City of South Bend's representatives agreeing, via the GPTS web site, to Trinal's license and terms of use agreement and paying the license related fees. The foregoing fees do not include our reimbursable cost, which shall be paid separately in accordance with the Agreement which shall include the reimbursable such costs associated with outreach efforts e.g. trade and professional association related fees and costs, vendor and interest fairs,postage, and the boxing, labeling, and preparation costs related to designated project notifications, and travel costs. LICENSE AND TERMS OF USE Trinal, Inc. ("Trinal")welcomes You and any legal entity You represent in connection with this License to Trinal's web-based Global Project Tracking System (the"GPTS"). Article 1. Agreement Section 1.01 On Your own behalf and on behalf of any legal entity You represent(including its members, partners,officers,directors, agents,and employees), in connection with this License and use of the GPTS, You represent,warrant,and agree that(a)You are above the age of 18,(b)You have read, understand, and agree to all of the terms and conditions set forth in this License and Terms of Use(this "License"),and(c)You have full legal authority to bind Yourself and the legal entity You represent(including its members, partners,officers,directors, and employees)to the terms of this License.(Hereinafter as used in this License the terms"You,"Yourself,and"Your"shall mean You and any legal entity You represent (including its members,partners, officers,directors,agents,and employees),in connection with this License and use of the GPTS.) Section 1.02 This License shall become effective and binding upon You upon Trinal's issuance of a password to You(as set forth below)and/or upon Your payment of an agreed-upon license fee to Trinal. Section 1.03 Trinal may, at any time,change the terms and conditions of this License set forth herein. Your continued use of the GPTS, after You receive notice of any such changes,constitutes Your acceptance of,and agreement to, such changes. Article 11. Ownership. The GPTS and all software, codes, graphics,and all other information embodied in the GPTS (collectively, the "Software")are the intellectual and proprietary property of Trinal and are protected by the copyright and other laws and treaties of the United States of America. Article ill. License. Subject to the terms and conditions hereof,Trinal grants You a non-transferable, non-exclusive license to access and use the GPTS solely for the purpose of uploading,submitting, reviewing, compiling, storing,accessing, and printing(a)information relating to'construction and other projects which You own, which You manage,on which You perform,and/or(b)information You are required to collect and/or submit in connection with such projects(collectively,all such information is referred to herein as"Your Information"), Article IV. Third-Party fees and Equipment. You are responsible for obtaining access to the GPTS. You must provide and are responsible for all labor,equipment,and third-party software necessary for You to access and use the GPTS. If such labor,equipment, or software involves any costs or third party fees(such as intemet provider fees), You are solely responsible and liable for those costs and fees. Article V. Registration and Password Section 5.01 Prior to Your use of the GPTS, You shall provide true, accurate,current, and complete information about Yourself("User Information"or"Your user Information"). You shall maintain and promptly update Your User Information to keep it true,accurate, current, and complete. If You provide any User Information that is untrue, inaccurate,not current,or incomplete,or if You fail to maintain and promptly update the User Information to keep it true,accurate,current,and complete, and/or if Trinal has reasonable grounds to suspect that such User Information is untrue, inaccurate, not current,or incomplete, Trinal may deny, suspend,and/or terminate Your license to use the GPTS without any liability to You. Section 5.02 Once You have registered, You will receive a log-on name and initial password. You are responsible for changing that initial password to a password that is known only to You. You are solely responsible for maintaining the confidentiality of the password and are fully and responsible for all activities that occur under Your password. You will immediately notify Trinal of any unauthorized use of Your password or any other breach of security.Trinal cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section. Article VI. Your Information Section 8.01 You, and not Trinal,are entirely responsible for the accuracy of Your Information. Under no circumstances shall Trinal be liable in any way far the accuracy or content of any Your Information, including., but not limited to,any errors or omissions in Your Information. Section 8.02 If You submit, upload,or make available in the GPTS information or forms that are "certified"or are required to be"certified,"then You agree that You are verifying, under penalty of criminal perjury under the laws of the State of Illinois,that such information is,in fact,true and correct. Article VIi. Improper Use.When accessing or using the GPTS, You shall not: Section 7.01 Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with any person or entity; Section 7.02 Copy, modify, create a derivative work of, reverse engineer,disassemble, reverse assemble,or otherwise attempt to discover any Software and/or(b)sell, assign,sublicense,grant a security interest in,or otherwise transfer any right in the Software and/or the GPTS; Section 7.03 Access or attempt to access information submitted or uploaded to the GPTS by other users; Section 7.04 Modify or attempt to modify the Software and/or the GPTS in any manner or form; Section 7.05 Attempt to access the GPTS by any means other than through the interface that is provided or designated by Trinal for use in accessing the GPTS; Section 7.08 Submit, upload, post,email,transmit, or otherwise make available(a)any information from or on the GPTS that You do not have a right to make available under any law or under contractual or fiduciary relationships, (b)any information on the GPTS that would infringe upon any patent, trademark, trade secret, copyright or other proprietary rights of any party,and/or(c)any material that contains software viruses or any other computer code,files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Section 7.07 Use the GPTS to make or deliver any unsolicited or unauthorized advertising, promotional materials,junk mail, unsolicited bulk e-mail, unsolicited commercial e-mail,or any other form of solicitation; Section 7.08 Interfere with or disrupt the GPTS or servers or networks connected to the GPTS, or disobey any requirements,procedures, policies,or regulations of networks connected to the GPTS; Section 7.09 Intentionally or unintentionally violate any applicable 10 a 1, state, national, and/or international law; Section 7.10 Provide material support or resources(or to conceal or disguise the nature, location, source, or ownership of material support or resources)to any organization(s)designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; Section 7.11 Attempt to override,circumvent,or interfere with any security component of the GPTS; and/or Section 7.12 Except for Your Information, reproduce, print, publish,distribute, duplicate,copy, sell,trade, resell, and/or exploit any information stored on the GPTS. Article Vill. Privacy Policy:This License is subject to and incorporates Trinal's Privacy Policy, To review Trinal's Privacy Policy, please see our Privacy Policy. (INSERT LINK) K) Article IX. Suggestions.By submitting ideas,suggestions, and/or proposals regarding the GPTS ("Suggestions")to Trinal through its suggestion or feedback web pages,email,or any other method of communication, You acknowledge and agree that:(a)Your Suggestions do not contain confidential or proprietary information;(b)Trinal is not under any obligation of confidentiality, express or implied,with respect to the Suggestions;(c)Trinai shall be entitled to use or disclose(or choose not to use or disclose) such Suggestions for any purpose,in any way, in any media worldwide;(d)Trinal may have something similar to the Suggestions already under consideration or in development;(e)Your Suggestions automatically become the property of Trinal without any obligation of Trinal to You;and{f)You are not entitled to any compensation or reimbursement of any kind from Trinal under any circumstances. Article X. Indemnity. You shall defend,indemnify, and hold Trinal and its subsidiaries, affiliates, directors, officers, members,shareholders, agents, representatives,partners,joint venturers, consultants, and employees harmless against any claim or demand of any nature whatsoever, including reasonable attomeys'fees,(a)made by any third party due to or arising out of information,including but not limited to Your User information and Your Information,that You submit to, upload to, or make available for inclusion on,the GPTS, (b)Your access to, or use of, the GPTS,(c)Your violation of any of the terms of this License, and/or(d)Your violation of any federal, state,or local law or ordinance.This indemnity obligation will survive the termination and/or expiration of this License. Article XI. No Duplication or Resale. You shall not reproduce,assign,duplicate,copy,sell,trade, resell,or exploit for any commercial, non-commercial,or any other purpose,any portion of the GPTS (including Your Trinal ID), use of the GPTS, or access to the GPTS. Article XIi. General Practices Regarding Use And Storage. You acknowledge that Trinal may establish general practices and limits concerning use of the GPTS, including without limitation the maximum number of days User Information and Your Information will be stored and retained by the GPTS,the maximum amount of User Information or Your Information that may be sent from or received by an account on the GPTS,the maximum size of any User Information or Your Information that may be sent from an account on the GPTS,the maximum disk space that will be allotted on Trinal's servers on Your behalf,and the maximum number of times(and the maximum duration for which)You may access the GPTS in a given period of time. You agree that Trinal has no responsibility or liability for the deletion or failure to store any Your User Information or Your Information maintained by or transmitted to the GPTS. You acknowledge that Trinal reserves the right to log off Your account if it is inactive for an extended period of time. You further acknowledge that Trinal may modify these general practices and limits from time to time with or without notice to You. Article XIII. Modifications to the GPTS. Trinal reserves the right at anytime and from time to time to modify,temporarily or permanently,the GPTS(or any part thereof)with or without notice to You. You agree that Trinal shall not be liable to You or to any third party for any such modification of the GPTS. Article XIV. Links.The GPTS may provide links to other World Wide Web sites or resources,Because Trinal has no control over such sites and resources,You acknowledge and agree that Trinal is not responsible for the availability of such external sites or resources,and does not endorse and is not responsible or liable for any content,advertising,products, or other materials on or available from such sites or resources. You further acknowledge and agree that Trinal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Article XV. Termination Section 15.01 Trinal's Termination At Will.Trinal may,at any time at will and at its sole discretion,suspend or discontinue,temporarily or permanently,the GPTS or any part thereof and/or terminate this License immediately upon notice to You.Trinal shall not be liable to You for any such suspension, discontinuation, or termination unless You have paid Trinal a fee for this license(a 'License Fee'), then, if Trinal permanently discontinues the GPTS or terminates this License for any reason except those set forth in Section 15.02 hereof,Trinal will thereafter refund a portion of the License Fee on a pro rata basis by taking the number of days remaining in the license period divided by the total number of days of the license period,which factor will then be multiplied by Your License Fee to arrive at the refund amount;and You agree that this shall be Your sole and exclusive remedy, Section 15,02 Trinal's Termination For Cause. Trinal may, immediately upon notice to You, terminate Your use and access to the GPTS and terminate this License,without any liability whatso ever to the terms or conditions of this You, in the event of any of the following:(a)You breach or violate any of License,(b)You have engaged in fraudulent or illegal activities,and/or(c)Trinal is requested or required to do so by law enforcement or other governmental action. Section 15.03 Your Termination. You may, at anytime at will and at Your sole discretion, suspend or discontinue,temporarily or permanently, Your use of the GPTS or any part thereof and/or terminate this License immediately upon notice to Trinal. if such termination is due to the failure of the GPTS to function properly after a period of five(5)business days and if You have paid a License Fee,then Your sole and exclusive remedies are(a)to discontinue using the GPTS,(b)to terminate this License,and(c)to receive a refund of a portion of the License Fee on a pro rata basis by taking the number of days remaining in the license period divided by the total number of days of the license period,which factor will then be multiplied by your license fee to arrive at the refund amount. If such termination is for any other reason, then Trinal shall have no liability to You whatsoever. Section 15.04 (Expiration. If You and Trinal have entered into a contemporaneous written agreement relating to this License and Your use of the GPTS and if such agreement specifies a fixed date or period for the expiration of this License, then such agreement shall govern the expiration of this License. Article XVI. Limitation of Warranties and Remedies Section 16.01 THE GPTS IS PROVIDED"AS-IS,""WITH ALL FAULTS,"AND"AS AVAILABLE." Section 16.02 TRINAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,WORKMANLIKE EFFORT, ACCURACY, TITLE,QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, NON-INFRINGEMENT, COURSE OF DEALING, AND/OR USAGE OF TRADE. TRINAL MAKES NO WARRANTY THAT(A)THE GPTS WILL MEET ANY REQUIREMENTS, (B)GPTS ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C)THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GPTS WILL BE ACCURATE OR RELIABLE. Section 16.03 TRINAL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION OR DATA, GOODWILL,OR ANY OTHER TYPE OF LOSSES, EVEN IF TRINAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Section 16.04 THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM(1)BREACH OF CONTRACT, (2)BREACH OF WARRANTY, (3)NEGLIGENCE, (4)STRICT LIABILITY,AND/OR(5)ANY OTHER CAUSE OF ACTION. Section 16.05 IF YOU ARE DISSATISFIED WITH THE GPTS OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST TRINAL WITH RESPECT TO, OR ARISING OUT OF, THIS LICENSE OR THE GPTS,THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GPTS. PROVIDED, HOWEVER, IF THE GPTS FAILS TO FUNCTION PROPERLY AFTER A PERIOD OF FIVE(5)BUSINESS DAYS AND IF YOU HAVE PAID A LICENSE FEE TO TRINAL, THEN YOUR SOLE AND EXCLUSIVE REMEDIES ARE(A)TO DISCONTINUE USING THE GPTS,(B)TO TERMINATE THIS LICENSE,AND(C)TO RECEIVE A REFUND OF A PORTION OF THE LICENSE FEE ON A PRO RATA BASIS BY TAKING THE NUMBER OF DAYS REMAINING IN THE LICENSE PERIOD DIVIDED BY THE TOTAL NUMBER OF DAYS OF THE LICENSE PERIOD,WHICH FACTOR WILL THEN BE MULTIPLIED BY YOUR LICENSE FEE TO ARRIVE AT THE REFUND AMOUNT. EXCEPT AS SET EXPRESSLY FORTH IN THIS SECTION,TRINAL SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. Section 16.06. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF REMEDIES OR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND ECLUSIONS MAY NOT APPLY TO YOU, Article XVII. General Terms Section 17.01 Choice of Law and Forum.This License and the relationship between You and Trinal shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. if any dispute arises under this License, You agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Chicago, County of Cook,State of Illinois. Section 17.02 Waiver and Severability of Terms.The failure of Trinal to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision. If any provision of this License is found by a court of competent jurisdiction to be invalid or unenforceable,then the invalid or unenforceable provision shall be deemed superseded by a valid and/or enforceable provision that most closely matches the intent of the original provision and the remainder of this License will continue in full force and effect. If any part of this License is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this License will continue in full force and effect. Section 17.03 Assignment.Trinal may assign this License, in whole or in part,at any time with or . without notice to You. You may not assign this License, or assign,transfer, and/or sublicense Your rights, if any, under this License;any such attempted assignment,transfer,or sublicense shall be null and void. You agree that Your license is not transferable. Section 17.04 Statute of Limitations.Any claim or cause of action You may have arising out of or related to the use of the GPTS or this License must be tiled within one(1)year after such claim or cause of action accrued or will be forever barred. Section 17.05 Injunctive and Other Relief.You acknowledge that, if You breach or violate any of Your obligations under this License, it may be difficult or even impossible to determine the damage that Trinal would suffer as a result.Therefore, in the event that You breach or violate of any of Your obligations under this License,then Trinal will be entitled to seek and obtain injunctive relief, in addition to any other relief that may be available to Trinal at law or in chancery,and will not be required to post any bond. License. Section 17.06 No Third Party Beneficiaries.There are no third party beneficiaries to this Section 17.07 Notices.Trinal may provide You with notices,including those regarding changes to this License, by either email and/or regular mail. In the case of email,such notices shall be deemed received by You one(1)hour after transmission by Trinal; in the case of regular mail,such notices shall be deemed received by You on the third(3)calendar day after mailing. Section 17.08 Entire Agreement. Upon agreeing to this License and the terms and conditions set forth herein, You do not rely upon any warranty, representation, or statement that may have been made by or on behalf of Trinal except as may be expressly set forth in this License and/or a contemporaneous written agreement between You and Trinal. This License and any contemporaneous written agreement between You and Trinal(a)constitute the entire and complete agreement between You and Trinal respect to the GPTS and Your license to use of the GPTS and(b)supersedes and replaces any and all prior written or oral, understandings,communications, representations,and/or proposals,whether electronic, oral,or written, between You and Trinal with respect to the GPTS and/or Your license and use of the GPTS. in the case of conflict between this License and a contemporaneous written agreement between You and Trinal regarding this License and/or Your use of the GPTS,then the terms of such contemporaneous written agreement shall control. END QD TR[NAL9 TRINAL, INC. 329 W. 19TH STREET, SUITE 401, CHICAGO, IL.60616 3121738-0500 FAX: 312/738.1840 E-MAIL. 7'R INALL @MSN.COM WEBSiTE: WWW,TRINALINC.COM N ''rte; t June 6, 2012 ` Linda M. Martine Clerk, Board of Public Works CITY E City of South Bend ;t ,r- 8 END County-City Building �� , 13''Floor, Room 1316 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Agreement for Professional Services-Diversity Compliance Officer Dear Ms. Martin: On behalf of Trinal, Inc., I submit the attached original executed Agreement for Professional Services- Diversity Compliance Officer. Please note that Exhibit A has been attached. Also, note that a clarification has been provided on page 2 of Exhibit A, paragraph 4 which makes reference to Trinal's license and terms of use agreement, which is attached hereto, We greatly appreciate the opportunity to provide the City of South Bend with our services. Please contact Tammi Davis, Chief of Operations, or me at 312-738-0500 extensions 223 and 225 respectively, if you have any questions or concerns, and when the Common Council has approved the contract. 17 Signed: Alicia Garcia-Abner,President/C90 P6 - - z_ ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first North/South alley West of Michigan Street from Madison Street North to the first East/West alley and the first East/West alley North of Madison Street beginning 6 feet West of the first North-South alley West of Michigan Street to the West Michigan Street right of way. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first alley to be vacated is the first North/South alley West of Michigan Street from Madison Street North to the first East/West alley for a distance of 198 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley North of Madison Street beginning 6 feet West of the first North-South alley West of Michigan Street at a point on the East line said East/West alley that was vacated under Ordinance#7102-82; thence East from that point to the West Michigan Street right of way for a distance of 185 feet and a width of 14 feet. Both alleys are a part of the Original Town, now City of South Bend, Portage Township, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 159 through 166 inclusive of the Original Town, now City of South Bend. Section IV. The purpose of the vacation of the real property is to enhance the parking areas for the hospital staff and visitors. The vacation of these alleys will allow Memorial Hospital to reconstruct and expand their parking facilities. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. l- s- t Member of the Common Co ii Attest: V3,�� >��� and r fe `0J o. City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 , at o'clock in. Mayor, City of South Bend, Indiana Filed f.jp, FF N!OT APPROVED ESE t2ED PASSM PETITION TO VACATE PUBLIC RIGHTS-OF-'WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: June 21,2012 OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first North/South alley West of Michigan Street from Madison Street North to the First East/West alley and the first East/West alley North of Madison Street beginning 6 feet West of the first North-South alley West of Michigan Street to the West Michigan Street right of way. B. THE STREET DESCRIBED AS: NIA NAM(signed & pi-inted) ADDRESS LOT# 615 N. Michigan Street, South Bend, Indiana 159-161 & Jeff Costello, Chief Financial Officer 163-166 Beacon Health System Signature Printed Name and Title Signature Printed Name and Title CONTACT PERSON (S) NAME: James Lietzan RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: 2211 E. Jefferson Blvd. JOHN VOORDE,CITY CLERK South Bend, IN 46615 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 45601 574-235-9221 PHONE: 574-236-4400 UN CITY c�� -`€ �ROL. MARION STREET s- 18--1004w0143 W 18-1003-0095 14' 185' 18-1004-0144.01 14' 6 165 R1so.a� 18-1003-0094 iD E--f � 18-1003-0093 W 18-1003-0089 cs] 18-1004-0146 18-1003-0092 14' MADISON STREET 0 18-1003-0100 g 18-1003--0112 i m 18-1003-0102 LEGAL DESCRIPTION; The first alley to be vacated is the first North/South alley West of Michigan Street from Madison Street North to the first East/West alley for a distance of 198 feet and a width of 14 feet. The second alley to be vacated is the first East/West alley North of Madison Street beginning 6 feet West of the first North—South alley West of Michigan Street at a point on the East line said East/West alley that was vacated under Ordinance #7102-82; thence East from that point to the West Michigan Street right of way for a distance of 185 feet and a width of 14 feet. Both alleys are a part of the Original Town, now City of South Bend, Portage Township, St. ,Joseph County, Indiana. a x e z z z gg z c m u m ti d t m v a O o zw a u 3 3 Z d c c c N vii v�'i a v � x t O 1n i Q O A Z O rl Z Z W Z v ,�Y• Z z z z c"i 3 � z 'c z x a 9i u°ai d « H N z a a a a "' - z = Z z N w u u ¢ a u o = a z f i a 2 2 O .y p1 m SO m N 0 M a m > _ w ro m U x O u ¢ i 2 2 0 0 0 O Z O T = Z 4 2 1;-, O 1m 0 " Z lz z Q o 66 �dx > x�h N a- x a F x u tm i� N w u J d�i o z � W d x = �� a � f 1 3 f f f = z •` , o Z 1 o` G --— v m a n 0 3 c p o .a d X p •oJ d q �F o i 3 � a � � � o a c ti a °n 00 o m v b O s Z +rs N H U u a O Z W v w p 0o S o N e l a 4 ,p m p p O w 3 as � N a LL w °' 7 'o p m � s" s s Z s 2 z s" z ° s 1 � 4 a o d 3 ° ° ° d 6 d n o � c 6 d v w 4 ° q h E'$ j .6 °o -L g N°o r 9 e6 y m m M m M M /•M1'1 M Q O ' O p O O C O m p , ° 2 Q ? O O 4 p n + m A m n � m m � a a o 0 0 C A Ma°o, 9 G 9 p � 4 o m � t H13ALM SYSTEM 11 en—IONal Hospital of South Bend June 22, 2012 Mr. John Voorde, City Clerk City of South Bend County-City Building /Room 455 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Alley Vacation City of South Bend, Indiana Dear Mr. Voorde: I am requesting the vacation of a portion of two alleys lying between Madison Street and Marion Street and Main Street and Michigan Street lying within the City of South Bend, Indiana as representative of the Beacon Health System. The purpose of the vacation of the real property is to enhance the parking areas for the hospital staff and visitors. The vacation of these alleys will allow Memorial Hospital to reconstruct and expand their parking facilities. It is in the interest of the City of South Bend and the Beacon Health System to vacate this property. Based on these reasons, I Hope that you will grant my request. Thank you for your consideration,and if you have any questions please feel free to give me a call. Very truly yours, Jeff Costello, Chief Financial Officer Beacon Health System z i FF i a r��t 1SQ i.1 U 3 16 COUNTY-CITY BUILDING I ►r ..� �/ PRONE 5-74123 5-9251 3.1.7 W JFFPERSON BOUl"ARI3 � V FhX SoTiTu BSND, INDIANA 466ai-1830 ACeZ � y 574 35-9171 1855 CITY of SouT"H BEND PETE BUTTIGIEG, MAYOR BOARD OF PU13 LIC WORKS June 26, 2012 '°" Mr. Jim Litzen DLZ Indiana,LLC ..•ar, 2211 East Jefferson Boulevardt •, South Bend, Indiana 46615 _.m__,w._.. ..�.... .,..._.. RE: Alley Vacation—The East Half of the East/West Alleyand the South Half of the North/Soul-i Alley of the Block surrounded by Madison,Main,Michigan and Marion—Development of Parking Lot (Preliminary Review) Dear Mr. Litzen: The Board of Public Works, at its June 26, 2012, meeting,reviewed comments by the Engineering Division,Area Plan Commission,Economic Development,Fire Department,Police Department and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church,school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is Iocated or to which it is contiguous. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact To�r�nes within the proposed acaltion far your petition maw. You will need a radius ma showing i an to the- Common Council. Once you pick up the radius map,proceed to the City Clerk's office for your alley vacation packet. Sincerely,, 21(" 1 Li nia . Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom,City Clerk's Office Michael Mecham, Engineering (S ' ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING AN ADDITIONAL $100,000 IN CITY GENERAL FUNI) #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL. DUMPING CLEANUP ACTIVI'T'IES TO BE PERFORMED BY SOLD} WASTE DEPARTMENT AND REIMBURSED FROM GENERAL FUND #101 TO SOLID WASTE OPERA'T'ING FUND #610 IN 2012 S'T'ATEMENT OF PURPOSE AND INTENT On January 9, 2012, this Council passed Ordinance No. 10145-12 which appropriated $130,000 for the purpose of covering all costs to enable cleanup of certain illegal dumping. The appropriation approved by Ordinance No. 10145-12 covered the period ending June 30, 2012, after which the program was to be evaluated for its efficacy. The Council now finds that the illegal dumping program has been highly successful, that it should be continued through the remainder of calendar year 2012, and that an appropriation of an additional $100,000 is necessary for this purpose, i.e., a total of$230,000 in funds for calendar year 2012. NOW, THI REFORE, BE IT ORDAINED BY THE COMMON COUNCIL, 01; 'fllf CITY OF SOUTH B1?ND, INDIANA, as follows: SEC'T'ION 1. The sum of$100,000 is hereby appropriated and set aside within the Code lnforcement Department of the City General Fund X1101 for the purpose of defraying the expense necessary to perform the cleanup of illegal dumping activities for the period June 30. 2012 through December 31, 2012. SECTION LI. The cleanup activities will be performed and expended by the City Department of Solid Waste Fund 11610, with reimbursement of incurred expense from the Code Enforcement Department of the City General fund #101. 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. Member, South Bend Common Council Attest: City Clerk __ __�� Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock .m. City Clerk Approved and signed by me on the day at o'clock, .m, Mayor, City of South Fiend, Indiana FUG CITY PASSED $015 TR 120ON COUNTY-OTY BujiDi NG .`.�\\ �Z PHoNz 574/235-9216 227 W jF-FFF.RsoN Bwi). W ACE �i Fax 5741235-9928 -\ PB �j ' ` v SON BEND,INDIANA 46601-183D x 1865 CITY OF SouTH BEND PETE BUTTIGIEc,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE July 2, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 0' Floor South Bend, Indiana 46601 RE: Ordinance of the Common Council - $100,000.00 Appropriation from Fund 101 Dear President Dieter, Attached please find a bill to appropriate an additional $100,000.00 from the General Fund 101 to enable the continuing clean up of certain illegal dumping within the City of South Bend. On January 9, 2012 the Common Council passed Ordinance No. 10145-12 which appropriated $130,000 for the purpose of covering all costs to enable cleanup of certain illegal dumping. The appropriation approved by Ordinance No. 10145-12 was for the period ending June 30, 2012, after which the program was to be evaluated for its efficacy. Code Enforcement Director Catherine Toppel has provided Council with data showing that the illegal dumping programm has been highly successful and that it should be continued through the remainder of calendar year 2012. To do this, an appropriation of an additional $100,000 is necessary, i.e., a total of$230,000 in funds for calendar year 2012. The attached ordinance approves such appropriation from General Fund 101, reimbursed to the Solid Waste Fund 610. Catherine Toppel and 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 I't reading on July 9, 2012 with 2"d reading, public hearing and 3�1 reading scheduled for July 23, 2012. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-7500. Regards, Mark W. Neal City Controller cc: Pete Buttigieg Mayor Mike Schmuhl, Chief of,Staff Kathryn Roos, Deputy Chief of Staff Catherine Toppel, Director of Code Enforcement Gary Gilot, Consultant for the Board of Public Works F Filed in He Fj u CITY C�L�°" ! ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST[VVEST ALLEY NORTH OF LASALLE STREET FROM HILL STREET WEST TO THE FIRST NORTH/SOUTH ALLEY STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY NORTH OF LASALLE STREET FROM HILL STREET WEST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL TOWN OF LOWELL, NOW THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Hereby determines that it is desirable to vacate said property. SECTION 11. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION Ill. The following property may be injuriously or beneficially affected by such vacating: Lot # 018-5008-31 a Lot# 018-5008-32 SECTION IV. The purpose of the vacation of the real property is to consolidate parcels for replat into larger buildable lots consistent with the Central Business District Zoning. This alley has served no public purpose for decades. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common C uncil Attest: City Clerk Council o;`� � , �" �R� Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock mr City Clerk Approved and signed by me on the day of 2 , at_o'clock m, ' Mayor, City of South Bend, Indiana I si READING PUBLIC HEARfNC- LC .,� 3 rd READING , NOT APPROVED REFERRED PASSED PETITION TO VACATE PUBLIC RIGHTS-OF WAY STREETS ALLEYS TO THE COMMON COUNCIL DATE: July 2, 2012 OF THE CITY OF SOUTH BEND, INDIANA WE, THE UNDERSIGNED PROPERTY OWNERS,PETITION YOU TO VACATE THE ALLEY SEPERATING THE PARCELSWE OWN. THE ALLEY IS DESCRIBED AS: THE FIRST EAST/WEST ALLEY NORTH OF LaSALLE STREET FROM HILL STREET WEST TO THE.FIRST NORTH/SOUTH ALLEYFOR A DISTANCE OF 16S FEET AND A WIDTH OF 14 FEET. SAID ALLEY IS A PARTOF THE ORIGINAL TOWN OF LOWELL (NOW THE CITY OF SOUTH BEND), PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. NAMES: ADDRESS: 1007 NORTH FRANCES STREET 618,5-o08-0),3, a,9 JOSEPH GELCHION SOUTH BEND INDIANA 46617 Gig 1007 NORTH FRANCES STREET SUZANNE M GELCHION SOUTH BEND, INDIANA 46617 CONTACT PERSON: STEVE MATZ COLDWELL BANKER RWG RETURN TO: 1539 NORTH IRONWOOD DRIVE OFFICE OF THE CITY CLERK SOUTH BEND, IN 46635 JOHN VORDE, CITY CLERIC PH. 574-876-8432 ROOM 45S COUNTY-CITY BUILDING EMAIL: stedematt@gmail.com SOUTH BEND, INDIANA 46601 w- PH. 574-235-9221 d III Clerk's �r..: MADISON STREET 18-5008-0226 7 18-5008--0228 18-5008-0261 E-+ 18--5008-0229 W 18-5008-0230 18-5008-0218 � 18-5008-0231 18-5008-0263 165' 8150,0' 1$-5008-0232 18-5008-0226 18-5008-0225 18-5008-0226 18-5008-0264 18-5008--0226/ �f LaSALLE ST, Filed Clerk's LEGAL_DESCRIPTION: The alley to be vacated is the first East/West alley North of LaSalle Street from Hill Street West to the first North/South alley for a distance of 165 feet and a width of 14 feet. Said alley is a part of the Original Town of Lowell(now the City of South.Bend),Portage Township, St Joseph County, Indiana. PARCELID NAME—1 MAILINGADD MAILINGCIT MAILINGSTA MAILINGZIP KAMBOL MARY W/A LIFE ESTATE &KAMBOL JOSEPH& 018-5008- DEANNA M 21877 Shady Hollow 0231 KAMBOL Lane South Bend IN 46628 018-5009- 52273 TALLY HO 0264 N D REALTY DR N South Bend IN 46635 HOBAN TIMOTHY K. RICCI MARY, HOBAN J MICHAEL,HOBAN PATRICK 118 INT EA&HOBAN 018-5008- FAMILY TRUST 112 0235 INT 205 N St Louis South Bend IN 46617 HOBAN TIMOTHY K,RICCI MARY, HOBAN J MICHAEL,HOBAN PATRICK 1/8 INT 018-5008- EA&HOBAN 0236 MAURICE J 1/2 INT 205 N St Louis South Bend IN 46617 018-5008- PETSCHE FRANK J 17401 Eldorado 0234 &SUZAANNE M Lane South Bend IN 46635 048-5008- EBERHART 0225 PARTNERSHIP 316 S Eddy South Bend IN 46617 W/A LIFE ESTATE G; &KAMBOL 018-5008- JOSEPH& 21877 Shad y Hollow 0233 DEANNA M Lane South Bend IN 46628 � ``�- W WIA LIFE ESTATE c & &KAMBOL tom = JOSEPH& i 5 018-5008- DEANNA M 21877 Shady Hollow._-I 0232 KAMBOL lane South Bend IN 46628 :D { . WIA LIFE ESTATE # f t &KAMBOL _ JOSEPH& f 018-5008- DEANNA M 21877 Shady Hollow � b 023D KAMBOL Lane South Bend IN 46628 018-5009- 52273 TALLY HO 0263 N D REALTY DR N South Bend IN 46635 CRIMMINS JOSEPH R& KATHLEEN COSTELLO CRIMMINS 018-5008- %TEACHERS 0229 CREDIT UNION 1832 Campeau St South Bend IN 46617 CRIMMINS JOSEPH R& KATHLEEN COSTELLO- CRIMMINS 018-5008 %TEACHERS 0228 CREDIT UNION 18010 Chipstead Dr ISouth Send IN 46637 018-5008- 0227 M ANDERSON LLC 1224 E Wayne N South Bend IN 46615 MEMORIAL 018-5008- HOSPITAL OF 0218 SOUTH BEND INC 615 N Michigan St South Bend IN 46601 DIOCESE OF FT 018-5009- WAYNE SOUTH 0261 BEND INC 915 S Clinton St Fort Wayne IN 46801 018-5008- BURKHART 0226 ADVERTISING INC Attm Pat Hurley South Bend IN 46615 Dear Common Council Member, July 2, 2012 City of South Bend. My wife and I have petitioned you in an effort to have the alley that divides our properties on Hill Street in South Bend vacated. The attached paperwork outlines the exact area in question. Our intent is to develop this property at a later date in accordance with any and all restrictions this area is presently zoned. We thank you for your consideration. Sincerely, Joe and Suzanne Gelchion Filed In C.".4ork's Ofd.... .. co JUL °° u 20l UE Le at a 10VT$��, 13 z�COUNTY-Cary BUILDING .. PHO�2 M1 23 5-9251 2,3. BPFERSON BOULEVARD U �� N SOUTH BEND, INDIANA 4660Z-r83o �•�\SAC,Z FAX M/235-9171 I865 CITY OF SOUTH BF-ND PE'I"E BUTTIGII:+G, MAYOR BOARD OF PUBLIC WORKS June 12, 2012 Mr. & Mrs. Joseph and Suzanne Gelchion 1007 North Frances Street South Bend, Indiana 46617 RE: Alley Vacation—East Half of the East/West Alley between the First North/South Alley and Hill Street North of LaSalle Street and South of Madison Street (Preliminary Review) Dear Mr. and Mrs. Gelchion: The Board of Public Works, at its June 12, 2012, meeting, reviewed comments by the Engineering Division,Area flan Commission,Economic Development,Fire Department,Police Department,Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. Ilie vacation would not hinder the public's access to a church,school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous, alley, recommendation Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this Please contact Tony Molnar at 574 235-9254 prior to picking up yout radius map, You will need a radius reap showing properties within 150'of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, i da M. Martin, CIerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering