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Home My WebLink About07-08-2019 Agenda Packet (1) MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: JULY 3, 2019 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, July 8, 2019: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 4:00 P.M. RESIDENTIAL NEIGHBORHOODS CHAIRPERSON, WHITE 1.Update: NRC & Economic Engagement Collaboration, Alkeyna Aldridge, Director ofEngagement & Economic Empowerment- Community Investment 4:15 P.M. COMMUNITY RELATIONS CHAIRPERSON, PRESTON 1.Update: Proposal Discussion of Restorative Justice Initiative 4:30 P.M. ZONING & ANNEXATION CHAIRPERSON, DAVIS 1.Substitute Bill No. 14-19- SF3 Zoning Ordinance Amendment2.Substitute Bill No. 15-19- CBD Zoning Ordinance Amendment3.Bill No. 19-45- Special Exception: 407, 411, 419, 423, and 427 South Frances Street Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, T. SCOTT1. Discussion of Council Agenda2.Update and Announcements3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL MEETING AGENDA Monday, July 8, 2019 7:00 P.M. 1.INVOCATION- REVEREND CHIP ROUSH- FIRST UNITARIAN CHURCH OF SOUTH BEND 2.PLEDGE TO THE FLAG 3.ROLL CALL 4.REPORT FROM THE SUB-COMMITTEE ON MINUTES 5.SPECIAL BUSINESS BILL NO. 19-48 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING AND WISHING DR. KENNETH SPELLS THE BEST IN HIS FUTURE ENDEAVORS 6.REPORTS FROM CITY OFFICES- MAYOR PETE BUTTIGIEG 7.COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 14-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 7 GENERAL REGULATIONS, AND ARTICLE 11 DEFINITIONS TO ADD A NEW SF3 RESIDENTIAL FLEX DISTRICT 15-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL / MIXED USE DISTRICTS TO REPEAL AND REPLACE SECTION 21-03.06 CBD CENTRAL BUSINESS DISTRICT 2 8.BILLS ON THIRD READING TIME:______ BILL NO. 14-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 7 GENERAL REGULATIONS, AND ARTICLE 11 DEFINITIONS TO ADD A NEW SF3 RESIDENTIAL FLEX DISTRICT 15-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL / MIXED USE DISTRICTS TO REPEAL AND REPLACE SECTION 21-03.06 CBD CENTRAL BUSINESS DISTRICT 9.RESOLUTIONSBILL NO. 19-45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTHBEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 407, 411, 419, 423 AND 427 SOUTH FRANCES STREET 10.BILLS ON FIRST READING BILL NO. 20-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND, INDIANA, SUPPLEMENTING AND AMENDING ORDINANCE NO. 9937-09 FOR THE PURPOSE OF AUTHORIZING THE MODIFICATION OF CERTAIN CONTRACTUAL RIGHTS OF THE CITY, THE EXECUTION AND DELIVERY OF ITS AMENDED WATERWORKS REVENUE BONDS OF 2009, SERIES B, AND APPROVING CERTAIN RELATED MATTERS IN CONNECTION THEREWITH 21-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER FIVE OF THE SOUTH BEND MUNICIPAL CODE, GENERALLY KNOWN AS THE RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS, BY UPDATING ENTITY NAME DEFINITIONS, LICENSE REQUIREMENTS AND FEE REGULATIONS 23-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES 3 OPERATIONS IN 2019 OF $500,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (#408). 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. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2019 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-10-19) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson John Voorde, Member Gavin Ferlic, Vice-Chairperson Jo M. Broden, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Tim Scott, Member Gavin Ferlic, Member Jake Teshka, Member Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Jo M. Broden, Chairperson Oliver J. Davis, Member Karen L. White, Vice-Chairperson John Voorde, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Jake Teshka, Member Gavin Ferlic, Vice-Chairperson Sharon L. McBride, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Oliver J. Davis, Member Jake Teshka, Vice-Chairperson John Voorde, Member 2019 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-10-19) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Regina Williams-Preston, Member John Voorde, Vice-Chairperson Jo M. Broden, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Sharon L. McBride, Vice-Chairperson Karen L. White, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. Broden, Vice-Chairperson Sharon L. McBride, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Jake Teshka, Chairperson Sharon L. McBride, Member Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. Broden, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott, Member Jake Teshka, Member 2019 COMMON COUNCIL STANDING COMMITTEES (Rev.01-10-19) TIM SCOTT, 1ST District Council Member President Information and Technology Committee, Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member REGINA WILLIAMS-PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Public Works & Property Vacation, Vice-Chair Information & Technology Committee, Member Utilities Committee, Member Residential Neighborhoods Committee, Member JO M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member Community Relations Committee, Member Personnel and Finance Committee, Member JAKE TESHKA, 5TH District Council Member Utilities Committee, Chairperson Council Rules Committee, Member PARC Committee, Vice-Chairperson Information and Technology Committee, Member Sub-Committee on Minutes, Member OLIVER J. DAVIS, 6TH District Council Member Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Community Investment Committee, Chairperson Council Rules Committee, Member Information & Technology Committee, Vice-Chairperson Zoning & Annexation Committee, Member Community Relations Committee, Vice-Chairperson KAREN L. WHITE, AT LARGE Council Member Vice-President Residential Neighborhood Committee, Chairperson Council Rules Committee, Member Personnel & Finance Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice-Chairperson JOHN VOORDE, AT LARGE Council Member Chairperson, Committee of the Whole Public Works & Property Vacation, Chairperson Community Relations Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member Personnel and Finance Committee, Vice-Chairperson Health and Public Safety Committee, Member LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 May 6, 2019 Honorable Common Council Filed in Clerk's Office 4th Floor, County-City Building South Bend, IN 46601 MAY 06 2019 KAREEivIAILI FOWLER RE: SF3 Zoning Ordinance Amendment CITY CLERK,SOUTH BEND,IN APC#2897-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 13th, 2019 Council meeting,and set it for public hearing at your June 24th,2019 Council meeting.The petition is tentatively scheduled for public hearing at the June 18th, 2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. Ifyou have any questions, please feel free to contact our office. Si rely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.S T I O S E P H C O U N T Y I N D I A N A.COM/A R E A P L A N SUBSTITUTE BILL NO. 14-19 SUBSTITUTE NO. 14-19 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 1 BASIC PROVISIONS, ARTICLE 2 RESIDENTIAL DISTRICTS, ARTICLE 7 GENERAL REGULATIONS, AND ARTICLE 11 DEFINITIONS TO ADD A NEW SF3 RESIDENTIAL FLEX DISTRICT STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. The ordinance does not facilitate development of missing middle"housing, units on the housing spectrum between detached single-family homes and mid-rise apartment buildings. Such housing can be built at a form and scale that is compatible with single-family neighborhoods, and it offers further housing choice and affordability. This ordinance would allow the construction of a mixture of single-family housing, multifamily housing of up to four units, and accessory dwelling units in walkable neighborhoods. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 1 Basic Provisions, Section 21-01.02 (a) Establishment of Districts, is hereby amended as follows: 1) Districts—The following districts are hereby established for the corporate limits of the City of South Bend, and land within said areas shall be designated on the Official Zone Map by the following symbols: GENERAL USE DISTRICTS SYMBOL Residential Districts Single Family and Two Family............... SF1....._. Single Family and Two FamilY..... . ......_..................... . .._. SF2 Residential Flex SF3 Multifamily- Urban Corridor MF1 Multifamily- High Density MF2 Commercial/Mixed Use Districts OfficeBufferce..... ......_.... .._..... OB Mixed Use MU eOfficO...f........ ..............._....... . 0 Local Business LB Community Business .... ........................... ......... CB Central Business District CBD General Business GB Industrial Districts Light Industrial LI General Industrial GI Planned Unit Developments PUD Overlay and Special Use Districts HP, U SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Residential Districts, is hereby amended by adding a new Section 21-02.05 as follows: Section 21-02.05 SF3 Residential Flex District. Intent—The SF3 District is established to provide for, promote, and maintain the development of diverse housing types in urban neighborhoods located near neighborhood centers in both core and outlying areas of the City. The following are typical characteristics ofthe SF3 district: primarily for single family dwellings and two family dwellings, allowing up to four units and the addition of accessory dwellings to help meet the demand for affordable, urban living; buildings with modest setbacks and inviting building frontages, primarily of stoops and porches, that create a consistent block face along smaller city blocks; detached garages accessed from an alley; and pedestrian-oriented scale with sidewalks and regularly spaced street trees. a) Permitted Uses. 1) Primary Uses. A) One(1)Single Family Dwelling. B) One (1) Two Family Dwelling. * C) One(1)Multifamily Dwelling with no more than four units. * D) One (1) Cottage Court(see Section 21-02.05 (b) (13) for additional development standards). E) Accessory Dwelling(see Section 21-02.05 (b) (14) for additional development standards). F) Residential Facility for the Developmentally Disabled. G) Residential Facilityfor the Mentally Ill. H) Child Care Home (that is used as the primary residence of the person who operates the child care home). I) Religious Use. J) Public Park—Active or Passive. K) Private Park—Passive. L) Schools, Public or Private. Conversions that add one or more dwelling units, other than an accessory dwelling, to an existing Single Family Dwelling or Two Family Dwelling shall require a special exception. 2) Special Exception Uses. A) Educational Use: Including but not limited to: Child Care Center; Child Care Ministry; College; Pre-school; Public Library; University. B) Governmental Use: Including but not limited to: Fire Station or Police Station. C) Miscellaneous: Including but not limited to: Bed&Breakfast. D) Public Facilities: Including but not limited to: Cemetery—with or without Crematory, Funeral Home, Mausoleum or Mortuary; Community Center; Funeral Home; Mortuary; Parking Lot— Accessory; Private Park—Active. E) Recreation: Including but not limited to: Swimming Pool - private or public. F) Residential: Including but not limited to: Assisted Living; Group Home; Nursing Home. G) Utilities: Including but not limited to: Public Utility Substation; Public Wells; Pumping Station; Sewage Treatment Plant; Telephone Exchange; Water Tower; Water Treatment Plant. 3) Accessory Uses—See Section 21-02.11 (a)—Accessory Uses, Buildings and Structures. 4) Temporary Uses—See Section 21-02.11 (b)—Temporary Uses, Buildings and Structures. 5) Home Occupations— See Section 21-02.11 (c)—Home Occupations. b) Development Standards. 1) Utilities—Connection to public water and public sanitary sewer facilities shall be mandatory for development in this district. 2) Minimum Lot Width — 15 feet. Access shall be from either a public street or an abutting alley; provided, however, if access is available from an alley which is open to traffic, there shall be no access from the public street. 3) Maximum Lot Coverage—60 percent. 4) Minimum Yards and Building Setbacks A) Front—a minimumfront yard and building setback measured from the greater of the proposed right-of-way or existing right-of-way shall be provided as follows: Minimum Maximum Primary Building: Residential Uses 10' 20' Primary Building: Nonresidential Uses 10' NA In elevation view from the street frontage, at least sixty-five (65) percent of the length of thefacade(s) of the building(s) facing a primary street and fifty(50)percent facing a secondary street shall be located at or between the minimum setback and the maximum setback. B) Side—a minimum side yard shall be provided along all side lot lines as follows: Primary Building: Residential Uses—5' Primary Building: Nonresidential Uses—20' Accessory Building—5' A side setback is not required between attached dwellings. For the purposes of this regulation, no more than four dwellings, whether on one or more than one lot, shall be attached. C) Rear—a minimum rear yard shall be provided along all rear lot lines as follows: Primary Building—20' Accessory Building—5' 5) Maximum Building Height A) Primary Building—35', but not to exceed two and one-half(2 1/2) stories B) Accessory Building— 18'; provided,however, an accessory dwelling may be built to a maximum height of 24' if it is located at least 20' from the rear lot line of an abutting lot. 6) Landscaping—See Section 21-07.01 —Landscape Regulations. 7) Lighting—See Section 21-07.02—Lighting Regulations. 8) Signs—See Section 21-07.03 —Sign Regulations. 9) Parking—Off-street parking areas shall not be required for any use located in the SF3 District. Any off-street parking areas which are provided, even if not required, shall be developed in compliance with the design and construction standards set forth in Section 21-07.04—Off-Street Parking Regulations. 10) Loading—See Section 21-07.05 —Off-Street Loading Regulations. 11) Greenway Connection Required—If a development abuts any portion of a greenway, a direct linkage from the development to such greenway shall be provided. 12) Orientation. A) The main entrance must be located on thefront or side façade and be visible from the street. Additional entrances may be located on any façade. B) A walkway shall connect the sidewalk to the main entrance. 13) Development Standards for Cottage Courts—More than one single family dwelling may be located on a lot when such dwellings are developed as a cottage court having no more than four primary dwellings. The Zoning Administrator shall determine whether a project qualifies as a cottage court. 14) Development Standards for Accessory Dwellings. A) The owner(s) of the lot upon which the accessory dwelling is located shall occupy at least one of the dwellings on the premises. B) Only one accessory dwelling is allowed per lot. C) The living area of an accessory dwelling shall be no more than 75%of the living area of the primary dwelling unit or 800 square feet, whichever is less. D) An attached accessory dwelling shall be set back at least 20 feet from thefrontfaçade of the primary building and must meet all required side and rear setbacks for a primary building. E) A detached accessory dwelling shall be located behind the rearfaçade of the primary building, shall be separated from other buildings by at least 10', and shall meet all required setbacks for an accessory building. F) A detached accessory dwelling shall not be taller in feet than the primary building on the lot and must meet all accessory height requirements. G) A detached accessory dwelling shall not be wider than 36 feet. SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General Regulations, Section 21-07.01 (b) Landscaping of Required Perimeter Yards and Residential Bufferyards, is hereby amended as follows: TABLE 21-07.01 - A: RESIDENTIAL BUFFERYARD LANDSCAPING Zoning of Zoning of Subject Property Adjacent Property SE /Uwww OB MU 0 LB CB CBD GB LI GI PUD SF1 (4) B B BBB B B C C C (2) SF2 (4) B B BBB B B C C C (2) SF3 (4) B BBBBBB CCCM MF1 (4) A B BBB B B C C C (2) MF2 (4) A B BBB B B C C C (2) PUD (3) B B BBB B B C C C (2) 3) Landscaping of Required Residential Bufferyards for permitted non-residential uses in the SF1 Single and Two Family Residential Districts, SF2 Single and Two Family Residential District, SF3 Residential Flex District, MF1 Urban Corridor Multifamily District and MF2 High Density Multifamily District. Landscaping required in any portion of a front residential bufferyard, side residential bufferyard or rear residential bufferyard which is not occupied by improvements permitted in sub-Section"Use of Minimum Yards and Residential Bufferyards" in the applicable district, shall consist of Type A: Open. (Ord. No. 9653-06) SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 General Regulations, Section 21-07.03 (c) On-Premise Signs, is hereby amended as follows: c) On-Premise Signs: SF1, SF2, SF3, MF1 and MF2 Districts SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions, Section 21-11.02 Definitions, is hereby amended as follows: Dwelling, Accessory: A dwelling unit which that is subordinate and incidental to y Use-ef a primary building on the same lot .An accessory dwelling may be detached or attached to the primary building. SECTION VI. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2019, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2019, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana LAWRENCE P. MAGLIOZZI 1:\1:111I I\'L DIRIC IOR AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 June 19, 2019 Honorable South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill #14-19 Rezoning: APC#2897-19 SF3 District Dear Council Members: The Area Plan Commission held a public hearing on June 18th, 2019 for the above referenced petition. This petition is set for public hearing before the Common Council on Monday, June 24th, 2019. Ordinance & Petition Amendments: The ordinance has changed since the original submittal and the most recent version is attached. Public Hearing Summary: There was one person who spoke in favor. Brian McMorrow was speaking in favor for the Home Builders Association. He stated SF3 will allow for more housing options to meet the needs of South Bend. If you have any further questions, please feel free to contact me at(574) 235-9571. Si erely, Jo dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.S T J O S E P H C O U N T Y I N D I A N A-COM/A R E A P L A N LAWRENCE P. MAGLIOZZI eloc AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN 227 W. JFFFFRSON BLVD., ROOM 1140 COIIN"TY-CITY BUILDING, SOUTH RF NI), INDIANA 46601 (574) 2215-9571 Wednesday, June 19, 2019 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A Ordinance initiated by the Common Council of the City of South Bend, Indiana,amending Chapter 21 of the South Bend Municipal Code, Article 1 Basic Provisions,Article 2 Residential Districts, Article 7 General Regulations,and Article 11 Definitions to add a new SF3 Residential Flex District-APC#2897-19. Dear Council Members: I hereby Certify that the above referenced ordinance of Initiated by Common Council was legally advertised on June 6,2019 and that the Area Plan Commission at its public hearing on June 18,2019 took the following action: Upon a motion by Daniel H. Brewer,being seconded by Robert M.Hawley and unanimously carried, a proposed ordinance initiated by Common Council is sent to the Common Council with a FAVORABLE recommendation. This ordinance will permit a mix of housing types built at a form and scale that is compatible with single-family neighborhoods which will further housing choice and affordability. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, P- Lawrence P. Magliozzi SERVING ST. JOSEPH COUNTY . SOUTH BEND, LAKEVILLE . NEW CARLISLE, NORTH LIBERTY , OSCEOLA & ROSELAND ww.SJCINDIANA CDM1)061a, sa.9la, LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Dirertol AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEEI-ERtiON BLVD., ROOM 1140 COUNTY-CIM BUILDING, SOLIIH BEND, INDIANA 36601 (574) 235-9571 May 6,2019 Filed in Clerk's Cffl .e Honorable Common Council 4th Floor,County-City Building MAY 0 6 2013 South Bend, IN 46601 KAREEMAH FO'v,' CITY CLERK,SOUTH E T i.);.1 !NI RE: CBD Zoning Ordinance Amendment APC#2898-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment at the above referenced location.Please include the attached Ordinance on the Council agenda for first reading at your May 13th, 2019 Council meeting,and set it for public hearing at your June 24th,2019 Council meeting.The petition is tentatively scheduled for public hearing at the June 18th, 2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Si rely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N DIANA COM/A R E A P L A N SUBSTITUTE BILL 15-19 SUBSTITUTE BILL NO. 15-19 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS TO REPEAL AND REPLACE SECTION 21-03.06 CBD CENTRAL BUSINESS DISTRICT STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Experience in using the Ordinance's provisions for the CBD Central Business District has shown that development in this district is unable to meet its full potential through efficient use of sites and the incorporation of high quality design that supports a vibrant public realm. This ordinance revises uses and development standards to better support the development of a mixed-use urban core having pedestrian-oriented design. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/ Mixed Use Districts, Section 21-03.06 CBD Central Business District, is hereby deleted and replaced with a new Section 21-03.06 as follows: Section 21-03.06 CBD Central Business District. Intent—The CBD Central Business District is established to promote the development of the downtown region of the City of South Bend as a high intensity urban center for a multicounty region. The following are typical characteristics of the Central Business District: a mixture of mid-rise and high rise mixed-use developments, including a variety of compatible building types and urban uses; buildings with active building frontages set at or close to the sidewalk; and pedestrian-oriented scale with wide sidewalks, regularly spaced street trees, and amenities that create a walkable environment. a) Permitted Uses. 1) Primary Uses. A) Clothing Service: Including but not limited to: Costume Rental; Dressmaking; Dry Cleaning and Laundry Establishment; Millinery Fabric) Shop; Self-service Laundry; Shoe Repair Shop; Tailor and Pressing Shop; Tuxedo Rental. B) Educational Uses: Including but not limited to: Child Care Center; Child Care Ministry; Cottage School; Public Library; School— Commercial, Trade or Business. C) Food Sales and Service: Including but not limited to: Bakery—Retail; Bar *; Cabaret—21 and Over *; Cabaret—Family; Convenience Store; Dairy Bar—Retail; Delicatessen; Farmers Market; Grocery; Ice Cream Store—Retail; Manufacturing Retailers; Nightclub *; Restaurant—Fast Food; Restaurant—Family; Restaurant—Family with Lounge; Tavern *; Yogurt Store—Retail. D) Governmental Use: Including but not limited to: Governmental Offices; Post Office—without outdoor parking of delivery vehicles. E) Miscellaneous: Including but not limited to: Bed& Breakfast; Bus, taxi, or limousine terminal, without repair; Clinic (medical, dental or optometrists); Conference Center; Cottage Business/Residential; Electrical /Electronics Repair; Hospital; Hotel; Laboratories;Mini (Self Storage) Warehouse, Internal Access; Print Shop; Publishing; Radio/ TV Stations (provided any antenna shall comply with the regulations for Communication/Utilities); Video Production Studios. F) Office/Professional Services: Including but not limited to: Architect; Artist; Bank Machines - Walk-up; Construction Companies (office only); Consultant; Contractors (office only); Dentist; Design Services; Engineer; Financial Institution; Insurance Agent; Lawyer; Musician; Physician; Pharmacist; Photographic Studio; Professional Offices; Real Estate Office; Travel Agency. G) Personal Service: Including but not limited to: Barber Shop; Beauty Shop; Health Spa; Fitness Center. H) Public Facilities: Including but not limited to: Community Center; Funeral Home; Mortuary; Museum; Public or Private Park—Active or Passive; Religious Use; Commercial Parking Lot; Parking Garage. I) Recreation: Including but not limited to: Aerobics Studio; Amusement Arcade *; Banquet Hall; Billiard Hall *; Dance Studio; Public Dance Hall *; Social Hall; Theater—indoor. J) Residential—In CBD Districts Located West ofthe St. Joseph River: Including but not limited to: Dwelling Units or Shared Housing— limited to (i) floors above the first floor or(ii) ground floor ofthe building if located behind another ground floor, non-residential permitted use; Convalescent Home; Nursing Home; Rest Home. K) Residential—In CBD Districts Located East of the St. Joseph River: Including but not limited to: Multifamily dwellings; Dwelling Units— limited to floors above the first or ground floor of the building; Convalescent Home; Nursing Home; Rest Home; Shared Housing. L) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store; Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or Game Shop; Jewelry Store; Liquor Store; Music Store; Newsdealer; Pawnshop *; Shoe Store; Stationery and Book Store; Tobacco Store; Video Store. M) Utilities: Including but not limited to: Roof-top Antenna. Controlled Use. See Section 21-08.02— Special Regulations for Controlled Uses for additional requirements. 2) Special Exception Uses. A) Automotive Uses: Including but not limited to: Automobile Repair— major; Automobile Repair—minor; Automobile Parts Sales (new); Automobile Sales & Service; Automobile Quick Oil Change Facility; Gasoline Service Station with minor repair(not to exceed two (2) accessory indoor service bays); Gasoline Service Station without repair; Tire and Auto Service Center. B) Food Sales & Service: Including but not limited to: Restaurant—Drive In; Restaurant—Drive Through. C) Governmental Use: Including but not limited to: Post Office—with outdoor parking of delivery vehicles. D) Miscellaneous: Including but not limited to: Casinos, Approved Hotels and other areas where gambling games are conducted *; Off- Track Pari-mutuel Wagering Facility *. E) Office/Professional Services: Including but not limited to: Financial Institution with drive-up or drive-through facilities. F) Personal Service: Including but not limited to: Tattoo, Body Piercing, Scarifying and Branding Establishments *. G) Recreation: Including but not limited to: Stadium; Arena. H) Residential (in CBD Districts located west of the St. Joseph River): Two Family Dwellings; Multifamily Dwellings; Group Residence. I) Residential (in CBD Districts located east of the St. Joseph River): Two Family Dwellings; Group Residence. J) Utilities: Including but not limited to: Electricity Relay Station; Public Utility Substation; Pumping Stations; Water Towers; Any Ground Mount Antenna Installation. Controlled Use. See Section 21-08.02—Special Regulations for Controlled Uses for additional requirements. 3) Accessory Uses—See Section 21-03.11 (a)—Accessory Uses, Buildings and Structures. 4) Temporary Uses—See Section 21-03.11 (b)—Temporary Uses, Buildings and Structures. 5) Home Occupations—See Section 21-03.11 (c)—Home Occupations. b) Development Standards. 1) Minimum Project Width and Frontage - each project shall have a minimum lot width andfrontage on a public street of 20 feet. 2) Yards and Building Setbacks: A) Front- afront yard and building setback measured from the greater of the proposed right-of-way or existing right-of-way shall be provided as follows: Minimum Maximum Limited Access Highway: 50' NA All Other Streets: 0' 10' Provided, however, on all streets except limited access highways, building placement shall be in compliance with the following regulations: i.For sites containing one building—in elevation view from the streetfrontage, at least eighty-five percent (85%) ofthe length of the façade of the building facing a primary street shall be located at or between the minimum setback and the maximum setback, and at least fifty percent (50%) of the length of the façade of the building facing a secondary street shall be located at or between the minimum setback and the maximum setback; ii. For sites containing multiple buildings—in elevation view from the streetfrontage, at least eighty-five percent(85%) of the visible façades of the buildings facing a primary street shall be located at or between the minimum setback and the maximum setback, and at least fifty percent (50%) of the visible façades of the buildings facing a secondary street shall be located at or between the minimum setback and the maximum setback; and, iii. Parking areas and interior access drives shall not be located in front of a line five (5) feet behind thefront building line. If the lot does not have a building,parking areas and interior access drives shall have a minimum front setback often(10) feet. If a parking area or interior access drive is located less than fifteen 15) feet from thefront lot line, it shall be screened by a compact row of shrubs/hedge plants planted three feet on-center 3' o.c.) immediately behind thefront building line. Shrubs shall be at least twenty-four inches (24") at time of planting. B) Minimum Side Yard and Setback—Zero (0) feet, provided,however, if a side yard is provided along a side lot line not abutting an alley, such setback shall not be less than five (5) feet. C) Minimum Rear Yard and Setback—The minimum rear yard and setback shall be as follows: i.Minimum Rear Yard- zero (0) feet, however, if a rear yard is provided along a rear lot line not abutting an alley, such setback shall not be less than five (5) feet. ii. Minimum Rear Residential Bufferyard—twenty(20) feet when not separated from a ground-floor residential use by a public alley. If separated from a ground-floor residential use by a public alley, no rear residential bufferyard is required. D) Minimum Yard and Setback from any lot line along the St. Joseph River or East Race—Fifteen(15) feet. 3) Use of Minimum Yards and Residential Bufferyards. All minimum yards and residential bufferyards, when required, shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in Section 21-07.01 —Landscape Regulations ofthis Ordinance and shall remain free from structures, except where expressly permitted below: A) Minimum Front Yards along limited access highways—may include: parking areas, loading areas, interior access drives, interior access driveways, or gasoline sales areas, provided that no portion of such area may be located closer to the right-of-way than fifteen (15) feet; or, signs as regulated by Section 21-07.03 —Sign Regulations ofthis Ordinance, and shall be otherwise maintained as open space free from buildings or structures; B) Minimum Rear Residential Bufferyards—may include driveway connections to adjoining lots, or walkways or other pedestrian way connections to adjoining lots, provided that the remainder of said yards shall otherwise be maintained as open space free from buildings or structures; C) Minimum Yards along the St. Joseph River and East Race—may include walkways or other pedestrian way connections to adjoining lots; plazas; outdoor seating areas; stoops,patios,porches, and decks less than 30" above grade; or, signs as regulated by Section 21-07.03 —Sign Regulations of this Ordinance, and shall be otherwise maintained as open space free from buildings or structures. 4) Building Height. A) CBD Districts Located West of the St. Joseph River: i.Minimum Front Facade Height—in the elevation view from the streetfrontage, sixteen(16) feet. ii. Maximum Building Height—the lesser of one-hundred and fifty 150) feet or twelve (12) stories. B) CBD Districts Located East of the East Race Waterway: i.Minimum Front Facade Height—in the elevation view from the street frontage, sixteen(16) feet. ii. Maximum Building Height—the lesser of sixty(60) feet or five 5) stories. C) CBD Districts located in the area bounded by the St. Joseph River and the East Race Waterway: i.Minimum Front Facade Height—in the elevation view from the street frontage, sixteen (16) feet. ii. Maximum Building Height—no greater than one hundred fifty 150) feet. 5) Landscaping—See Section 21-07.01 —Landscape Regulations. 6) Lighting—See Section 21-07.02 —Lighting Regulations. 7) Signs—See Section 21-07.03 —Sign Regulations. 8) Parking—See Section 21-07.04—Off-Street Parking Regulations. 9) Loading—See Section 21-07.05 —Off-Street Loading Regulations. 10) Greenway Connection Required—Ifthe lot abuts any portion of a greenway, a direct linkage from the project to such greenway shall be provided. 11) Outdoor Operations—All uses and operations (except off-street parking, off-street loading and delivery and walk-up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below: A) Outdoor seating for restaurants, provided that such outdoor seating: i.shall not be located in any street right-of-way except as permitted by the Board of Public Works; and, ii. shall not block an entrance or exit to or from the business or building or conflict with Americans with Disabilities Act standards. B) Outdoor display or sales of merchandise: i.shall not be located in any street right-of-way except as permitted by the Board of Public Works; ii. shall not block an entrance or exit to or from the business or building or conflict with Americans with Disabilities Act standards; iii. shall not exceed ten percent(10%) of the gross floor area of each non-related and separately operated use; iv. shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day; and, v.shall be merchandise normally found within the on-premise business. C) Walk-up customer service windows or Automated Teller Machines ATM's), provided that such facilities are not free-standing and are set flush with the façade of the building. 12) Building Design and Orientation. A) Orientation. i.Primaryfacades shall be oriented to thefront lot line. When on a corner lot, the primaryfacade shall be oriented to the primary street. ii. The primary building entrance shall be located on thefront facade. B) Articulation and Activation. i.Frontfaçades greater than fifty(50) feet in width shall provide articulation as follows: a.Vertical articulation, such as bays, columns,pilasters, recessed entries, awnings, or other architectural treatments, is required to visually break up the massing of thefaçade into segments no greater than 25 feet in width. b.Horizontal articulation, such as belt courses, cornice lines, entablatures, friezes, changes in materials or window patterns, recessed entries, awnings or canopies, or other architectural treatments, is required. ii. For commercial and mixed-use buildings, the minimumfront facade surface that shall be glazed (window and door surface area) is as follows: a.Ground floorfrontfaçade surface along a primary street sixty(60)percent; b.Ground floorfrontfacade surface along a secondary street or civic space—forty(40)percent; c.Upper floor frontfacade surface along a primary street— fifteen(15) percent. The ground floorfrontfacade glazing is calculated based on the total facade area between two (2) and eight (8) feet above the finished ground floor level. The upper floorfrontfaçade surface area is calculated based on the total façade area located between the surface of any floor to the surface of the floor above it or the elevation ofthe roof Windows and doors shall have clear(untinted) glass and shall be open to the interior(not faux). iii. Except for civic buildings, the distance between building entries shall not exceed 100'. iv. A walkway shall connect from the sidewalk to the primary entrance. C) Building Materials. Additions to Existing Buildings: All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building. ii. Exterior Renovations, Major Additions and Accessory Buildings: Exterior renovations, major additions and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in sub-Section (iii), below, for new construction, however, the minimum requirement for exterior renovations, major additions and accessory buildings shall be the same as in sub-Section(i), above, for additions to existing buildings. iii. New Construction: In order to create variation and interest in the built environment, all new primary buildings shall comply with one (1) of the following two (2) sets of architectural regulations regarding building material and architectural features on each frontfaçade: a.All brick or stone(limestone, granite, etc.), excluding window, display window, door,roofing, fascia and soffit materials, provided that the brick or stone used on each applicable facade shall include at least two (2) architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.); or, b. Two (2) or more building materials (excluding window, display window, door and roofing materials), provided: 1.Primary Building Material: The primary building material shall be either: brick; stone limestone, granite, etc.); synthetic equivalents of brick or stone; architectural pre-cast concrete, if the surface looks like brick or stone; traditional lime-based stucco; or fiber cement, and shall constitute a minimum of sixty-six (66)percent of each applicable facade excluding glazed surfaces. Exterior insulation and finish system E.I.F.S.) or equivalent; vinyl; or standard, fluted, or split face concrete masonry units CMUs) are prohibited as a primary building material. 2.Secondary Building Material: The secondary building material shall constitute a minimum of ten (10)percent of thefaçade excluding glazed surfaces. 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JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 June 19, 2019 Honorable South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Bill #15-19 Rezoning: APC#2898-19 CBD District Dear Council Members: The Area Plan Commission held a public hearing on June 18th, 2019 for the above referenced petition. This petition is set for public hearing before the Common Council on Monday, June 24th, 2019. Ordinance & Petition Amendments: The ordinance has changed since the original submittal and the most recent version is attached. Public Hearing Summary: There were two people who spoke in favor. Brian McMorrow was speaking in favor for the Home Builders Association, though he brought up a concern about listing specific building materials as those could change quickly compared to the ordinance. Dan Buckenmeyer also spoke in favor. If you have any further questions, please feel free to contact me at(574) 235-9571. Si erely, Jo dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STJOSEPHCOUNTYINDIANA.COM/A R E A P L A N LAWRENCE P. MAGLIOZZI 41/0 F.0 ECll 1'I\P DlItI CTOIt AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. J1-I EFRSON BLVD., ROOM 1140 C'(IIINTY-('II'Y BIIl1I)ING, S(l11'IH BI-NII, INDIANA 4660 1574) 215-9271 Wednesday,June 19, 2019 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: An ordinance initiated by the Common Council of the City of South Bend, Indiana,amending Chapter 21 of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts to repeal and replace CBD Central Business District - APC#2898-19. Dear Council Members: I hereby Certify that the above referenced ordinance of Initiated by Common Council was legally advertised on June 6, 2019 and that the Area Plan Commission at its public hearing on June 18,2019 took the following action: Upon a motion by John R. McNamara, being seconded by John DeLee and carried,a proposed ordinance initiated by Common Council is sent to the Common Council with a FAVORABLE recommendation.This ordinance revises uses and development standards to better support the development of a mixed-use urban core having pedestrain oriented design, characteristics appropriate for the urban center of a multi-county region. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, P. 1 . Lawrence P. Magliozzi SERVING ST. JOSEPH COUNTY . SOUTH BEND . LAKEVILLE , NEW CARLISLE, NORTH LIBERTY . OSCEOLA & ROSELAND W W W S I C I N D I A N A C O M l 1 0 6 l a, .. pl., Staff Report 6/11/2019 APC # 2898-19 Owner: Initiated by Common Council Location: Text Amendment Jurisdiction: City of South Bend Public Hearing Date: 6/18/2019 Requested Action: An Ordinance of the Common Council of the City of South Bend, Indiana, Amending Chapter 21 of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts to Repeal and Replace Section 21-03.06 CBD Central Business District. Staff Comments: This ordinance was drafted to simplify regulations and stimulate development in the heart of South Bend. Experience using the Ordinance's provisions for the CBD Central Business District has shown that development in this district is unable to meet its full potential. through efficient use of sites and development of standards to better support a vibrant public realm. The new CBD District seeks to promote a high intensity urban center with a mixture of mid-rise and high-rise mixed-use developments and pedestrian-oriented scale. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a FAVORABLE recommendation. Analysis: This ordinance revises uses and development standards to better support the development of a mixed-use urban core having pedestrian-oriented design, characteristics appropriate for the urban center of a multicounty region. APC # 2898-19 Page 1 of 1 AREA BOARD OF ZONING APPEALS Filed in Clerk's Office 1140 County-City Building 227 W.Jefferson Boulevard JUN 18 2019SouthBend, IN 46601 www.sjcindiana.com KAREEMAH FOWLERPhone-574-235-9571-Fax-574-235-9813 CITY CLERK,SOUTH1 BEND,IN Thursday,June 13, 2019 Common Council 227 W. Jefferson Boulevard South Bend, IN 46601 RE: The petition of RIVER WALK, LLC seeking a Special Use for two-family dwellings in the SF2 Single Family&Two Family District(South Bend) for property located at 407,411,415,419,423 AND 427 SOUTH FRANCES STREET, City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of RIVER WALK,LLC was legally advertised on May 30, 2019 and that the Area Board of Zoning Appeals at its public hearing on June 12, 2019 took the following action: Upon a motion by Michael Urbanski, being seconded by Robert Hawley and unanimously carried, a petition by RIVER WALK,LLC seeking a Special Use for two-family dwellings for property located at 407,411,415,419,423 AND 427 SOUTH FRANCES STREET, City of South Bend, was sent to the Council with a favorable recommendation, and will issue written Findings of Fact. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, ( Lawrence P.Magliozzi,Executive Director Attachment CC: RIVER WALK,LLC David Sieradzki do Century Builders BILL NO. 19-45- DISTRICT NO. 4 (Councilmember Jo M. Broden) Filed in Clerk's Office JUN 18 2019 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK SOUTH SEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 407, 411, 419, 423 &427 SOUTH FRANCES STREET WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS,the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 407, 411, 419, 423 & 427 South Frances Street In order to permit two-family dwellings. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area of property values therein; BILL NO. 19-45 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council UTHg4Nom. 1200N COUNTY-CITY BUILDING PHONE 574.235.9216 227 W. JEFFERSON BLVD. y PFA(E FAX 574.235.9928 SOUTH BEND,INDIANA 46601-183029 "1 .4 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE 1,--Firein Cleric's Office I June 24,2019 I JUL 01 2019 \ Mr.Tim Scott,President y' FbWLCBJ City of South Bend Common Council pcp,REE 11H 227 W.Jefferson Boulevard,4th Floor CITY CLERK,SOUTH BENDIN South Bend,Indiana 46601 RE:Supplemental Bond Ordinance Dear President Scott, The City of South Bend was recently contacted by the Indiana Bond Bank with an opportunity to refinance an outstanding Water Works Bond Issue.Given current interest rates,this opportunity would allow the City to save a substantial amount of money on interest expense.The attached Supplemental Bond Ordinance authorizes the City to amend its original bonds. I will present this bill to the Common Council at the appropriate committee and council meetings.It is requested that this bill be filed for 1st reading on July 8,2019 with 2nd reading,public hearing and 3rd reading scheduled for July 22,2019. Thank you for your attention to this request.If you should have any questions,please feel to contact me at 574-235-9822. Regards, Daniel T.Parker City Controller BILL NO. 20-19 BILL NO. 20-19 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPLEMENTING AND AMENDING ORDINANCE NO. 9937-09 FOR THE PURPOSE OF AUTHORIZING THE MODIFICATION OF CERTAIN CONTRACTUAL RIGHTS OF THE CITY, THE EXECUTION AND DELIVERY OF ITS AMENDED WATERWORKS REVENUE BONDS OF 2009, SERIES B, AND APPROVING CERTAIN RELATED MATTERS IN CONNECTION THEREWITH STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City"), has heretofore established, constructed, and currently owns and operates a waterworks system (the "Utility"), pursuant to the provisions of Indiana Code 8-1.5, as amended. On November 19, 2009, the City issued its bonds designated as the "City of South Bend, Indiana, Waterworks Revenue Bonds of 2009, Series B" in the original aggregate principal amount of$5,380,000 (the "Original Bonds"), which are payable from the net revenues of the Utility, in order to provide funds to pay the costs of certain works of improvement to the Utility and to pay incidental charges in connection therewith, all pursuant to Ordinance No. 9937-09 adopted by the Common Council of the City (the "Common Council") on June 8, 2009 (the Original Ordinance"). These Original Bonds are outstanding in the aggregate principal amount of approximately$3,835,000. Pursuant to the terms of the Original Bonds and the Qualified Entity Purchase Agreement, dated November 11, 2009 (the "Original Purchase Agreement"), by and between the City and the Indiana Bond Bank (the "Bond Bank"), the Original Bonds maturing on or after January 1, 2021, are subject to redemption prior to maturity, at the option of the City, on any date on or after January 1, 2020 (such rights hereinafter referred to as the"Call Rights"). The Bond Bank previously issued its Indiana Bond Bank Special Program Bonds, Series 2009 C-1, dated November 19, 2009, in the aggregate principal amount of $22,235,000 (the Prior Bond Bank Bonds"), for the purpose, in part, of providing funds to purchase the Original Bonds from the City, and the Bond Bank has authorized and intends to issue one or more series of its Indiana Bond Bank Special Program Refunding Bonds, Series 2019 A, with such further or different series designation as may be determined by the Bond Bank (collectively, the Refunding Bond Bank Bonds"), for the purpose ofrefinancing the outstanding Prior Bond Bank Bonds and paying all costs of issuance related thereto, in order to achieve interest cost savings due to favorable market conditions (the"Refunding Program"). As a condition to sharing a portion of the economic benefits associated with the Refunding Program with the City, the Bond Bank has requested that (a) the City modify the Call Rights and evidence the modification of such Call Rights and receipt of such Call Rights Modification Credit (as hereinafter defined) (all in exchange for receiving a portion of the economic benefits associated with the Refunding Program) by executing and delivering its Amended Bonds (as hereinafter defined), and (b) upon the closing on the Refunding Bond Bank Bonds and satisfaction of the other terms and conditions set forth herein, exchanging the Amended Bonds for the outstanding Original Bonds. Pursuant to the terms of the Original Ordinance, the City may grant or confer upon the owners of the Original Bonds any additional benefits, rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the owners of the Original Bonds, or to make any change which, in the judgment ofthe City, is not to the prejudice of the owners of the Original Bonds. Furthermore, the terms of the Original Ordinance provide that, the City may, from time to time and at any time, without consent of, or notice to, any of the owners of the Original Bonds, amend the Original Ordinance for any purpose if in the judgment of the City such amendment does not adversely affect the interests of the owners of the outstanding Original Bonds. As of the date of filing of this ordinance, the Bond Bank is the registered owner of all of the outstanding Original Bonds, and the City desires to adopt this supplemental ordinance (the Supplemental Ordinance") in order to supplement and amend the Original Ordinance (the Original Ordinance, as supplemented and amended by this Supplemental Ordinance, collectively, the "Ordinance") for the purpose of authorizing the modification of the Call Rights and the execution and delivery of the Amended Bonds (in order to evidence the modification of such Call Rights), all in consideration for the Bond Bank (a) crediting to the City a portion of the economic benefits associated with the Refunding Program in an amount estimated to be, based upon current market conditions, approximately $1,135,539 (the "Call Rights Modification Credit"), with such Call Rights Modification Credit being in the form of a reduction in one or more payments of debt service on the Original Bonds (which will be evidenced by the Amended Bonds), and (b) returning all of the outstanding Original Bonds to the City. The Common Council has determined that a significant benefit to the City in the amount of the Call Rights Modification Credit will be effected by assisting the Bond Bank in the undertaking of the Refunding Program, and that the modification of the Call Rights and the execution and delivery of the Amended Bonds will not adversely affect the owners of the Original Bonds upon the execution and delivery of the Amended Bonds. The Common Council further finds that all conditions precedent to the adoption of this Supplemental Ordinance have been complied with in accordance with the provisions of Indiana Code 5-1-5 and Indiana Code 8-1.5, each as amended collectively, the"Act"), to the extent each is applicable hereto. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Authorization of Transaction; Modification of Call Rights. The Common Council hereby determines that (a) the receipt of the Call Rights Modification Credit (in the form described in the recitals hereof) in exchange for the modification of the Call Rights by the City, and (b) the execution and delivery by the City of the Amended Bonds to the Bond Bank in 2 exchange for the outstanding Original Bonds now held by the Bond Bank, in order to evidence the modification of such Call Rights and the receipt of the Call Rights Modification Credit clauses (a) and (b), collectively, the "Transaction"), is in the best interests of the City and is consistent with and in furtherance of the purposes for which the City was created and exists. Accordingly, the City is hereby authorized to modify the Call Rights and to execute and deliver the Amended Bonds, all in accordance with the terms and conditions of this Supplemental Ordinance. SECTION II. The Amended Bonds. In accordance with the Act and for the purpose of the Transaction, the City shall execute and deliver its amended bonds designated as the "City of South Bend, Indiana, Amended Waterworks Revenue Bonds of 2009, Series B", in an original aggregate principal amount not to exceed the aggregate principal amount of the Original Bonds which are currently outstanding (the "Amended Bonds"), and exchange the Amended Bonds for all of the outstanding Original Bonds. SECTION III. Except where inconsistent with the provisions of this Supplemental Ordinance, the terms and conditions of the Amended Bonds shall be the same as those of the outstanding Original Bonds as provided in the Original Ordinance; provided, however, if requested by the Bond Bank, the Amended Bonds may be issued as one or more term bonds subject to mandatory sinking fund redemption payments. The form of the Amended Bonds shall be substantially in the form set forth in the Original Ordinance, with such conforming changes as shall be necessary to reflect the terms and conditions set forth in this Supplemental Ordinance and in the Amended Purchase Agreement (as defined herein), including the modification of the Call Rights. The Amended Bonds shall be executed and delivered in the same manner and in accordance with the terms and conditions of the Original Ordinance and the Act. SECTION IV. Redemption Provisions of the Amended Bonds. Notwithstanding anything in the Original Ordinance, the Original Purchase Agreement or the Original Bonds to the contrary, (a) if in the best interests of the City as determined by the Controller of the City (the Controller"), the Call Rights may be modified so that the Amended Bonds shall be subject to redemption at the option of the City on any date on or after the first optional redemption date on the Refunding Bond Bank Bonds (if any), at a redemption price equal to the principal amount thereof so called for redemption plus accrued interest to the date fixed for redemption, or(b) if in the best interests of the City as determined by the Controller, the Call Rights may be waived so that the Amended Bonds shall not be subject to optional redemption prior to maturity. SECTION V. Application of Call Rights Modification Credit. The Common Council hereby agrees that the Call Rights Modification Credit shall be applied to reduce one or more semi-annual debt service payments on the Original Bonds, and that such reductions of one or more semi-annual debt service payments shall be evidenced by the Amended Bonds. Prior to the undertaking of the Refunding Program, the Controller is authorized to select the manner by which the City desires to apply the Call Rights Modification Credit to the debt service payment(s) on the Amended Bonds, and to notify the Bond Bank, in writing, of such determination. The determination of the manner for applying the Call Rights Modification Credit shall be set forth in a schedule to be attached to the Amended Purchase Agreement (as defined herein). The Common Council of the City hereby further authorizes the Mayor, the City Clerk 3 and/or the Controller to execute all such documents and take such actions as may be necessary or appropriate to effectuate the option selected by the Controller. SECTION VI. Authorized Denominations of Amended Bonds. Notwithstanding anything in the Original Ordinance, the Original Purchase Agreement or the Original Bonds to the contrary, the Amended Bonds shall be executed and delivered in such denominations as shall be requested by the Bond Bank. SECTION VII. The Amended Purchase Agreement. The Qualified Entity Purchase Agreement, in substantially the form attached as Exhibit A hereto and made a part hereof(the Amended Purchase Agreement"), is hereby approved. The Mayor and the Controller of the City are each hereby authorized and directed to execute the Amended Purchase Agreement, with such changes in form or substance as the officers of the City executing the same may hereafter approve in order to best fulfill the purpose of the Transaction, and with any such approval to be conclusively evidenced by the execution thereof, and to deliver the Amended Purchase Agreement and the Amended Bonds to the Bond Bank. SECTION VIII. Offering Document / Continuing Disclosure Agreement. Use of information concerning the City in any offering materials, including a preliminary official statement, final official statement or private placement memorandum of the Bond Bank collectively, the "Offering Document") and distributed in connection with the undertaking of the Refunding Program, is hereby authorized, ratified and approved. The Mayor, the City Clerk and the Controller of the City, or their authorized designees, are each hereby authorized and directed to have prepared and delivered to the Bond Bank, an underwriter or a purchaser any information required for such use and further to deem and determine, if necessary, those portions of the Offering Document, if any, relating to the City as near final for purposes of Rule 15c2-12 of the United States Securities and Exchange Commission, as amended (the "SEC Rule"). Further, if necessary, the Mayor and the Controller of the City, or their authorized designees, are each hereby authorized and directed to execute a continuing disclosure agreement, in a form and substance acceptable to the Mayor and the Controller of the City, in order to allow any underwriter of the Refunding Bond Bank Bonds to comply with the SEC Rule if necessary. SECTION IX. Further Actions. The Mayor, the City Clerk and the Controller are each hereby authorized and directed, for and on behalf of the City, to execute, attest and seal all such documents, instruments, certificates, closing papers and other papers and do all such acts and things as may be necessary, desirable or appropriate to effect the Transaction and the Refunding Program and to carry out the purposes of this Supplemental Ordinance and the execution and delivery of the Amended Bonds in accordance with the Ordinance, including, but not limited to, the execution of any certificates, purchase agreements, continuing disclosure agreements or other documents necessary to effect the Transaction and the Refunding Program, and any and all actions, documents, agreements and certificates heretofore taken or executed in connection with the Transaction and the Refunding Program or this Supplemental Ordinance, be, and hereby are, ratified and approved. SECTION X. Construction with Other Ordinances. This Supplemental Ordinance is hereby intended to amend and supplement the Original Ordinance, and to the extent of any inconsistencies or conflicts, if any, between any provision or provisions of this Supplemental 4 Ordinance and the Original Ordinance, the provisions of this Supplemental Ordinance shall be controlling and binding. All ordinances or parts of ordinances, except the Original Ordinance as supplemented and amended by this Supplemental Ordinance, in conflict with the Ordinance are hereby repealed. Unless the context otherwise requires and except as supplemented herein, any references in the Original Ordinance to the Original Bonds shall mean the Amended Bonds and any accounts created and maintained by the City for the benefit of holders of the Original Bonds shall now be maintained, and the funds therein shall now be held, for the benefit ofthe holders of the Amended Bonds. SECTION XI. Effective Date. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2019, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2019, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana 5 EXHIBIT A FORM OF AMENDED PURCHASE AGREEMENT attached) DMS 14558681v2 A-1 FS 8•, f 1300 COUNTY-CITY BUILDING U")t C`, PHONE 574!r 235-9486 227 W JEFFERSON BOUI VARD I `,a: FAX 574/235-7703 SOUTH BEND,INDIANA 46601-1830 t. ' 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF CODE ENFORCEMENT TRACY SHIBINS DIRECTOR Filed in Clerk's Office Tim Scott, Council President, JUL 0 2 2019 South Bend Common Council County-City Building KAREEMlAH FOWLER 227 W. Jefferson Blvd CITY CLERK,SOUTH BEND, IN South Bend, IN 46601 RE: Ordinance to Amend Chapter 5,Various Articles: Responsible Animal and Pet Ownership Care and Control Regulations Dear Council President Scott: Since 2016, the Animal Care and Control Division of the Department of Code Enforcement has continued to excel in services that save and enhance the lives of animals in our community. Animal adoption has soared from 261 placements in 2016 to 652 in 2018. Pet licensing has grown to 1,671 licenses issued in 2018,an increase of almost 1,000 more than were sold in 2016. The staff have embraced a culture of community care that has driven up to these indicators of success. We are ready to rename and rebrand to signal our continued positive direction. To best reflect the mission and vision of animal services on behalf of the City of South Bend,the Department has enclosed a proposed ordinance which updates Chapter 5, Responsible Animal and Pet Ownership Care and Control Regulations. Amendments to the Animal Care regulations are appropriate to reflect this change in mission,vision,and name: The mission of the South Bend Animal Resource Center("SBARC")is to prevent animal cruelty and abandonment by promoting responsible,caring and compassionate attitudes towards animals. SBARC's vision is to serve the South Bend community with programs and services that improve the welfare of animals. With the motto"Open Door--Open Heart", SBARC offers resources for animal care, supplies,education, leisure,and training. Additional amendments to the ordinance incorporate best practices for customer service, budgeting,and animal welfare personnel management. The proposed changes to Article 4 improve the service delivery of licensing to further grow the number of licensed pets and increase the reunification of lost pets with owners. Updates to Article 8, Sec. 5-110 will allow the Department to better prepare an annual budget that is responsive to City spending, community needs, and innovations in animal welfare. The changes allow for a regular and routine review of fees through the various touchpoints of the budget process including Division,Department, Mayoral, Financial, and Council accountability, as well as review by the public Commission. Finally, revising the job description for the SBARC Manager will provide a more comprehensive understanding of the role and the Manager's accountability in developing operational policy. BILL NO. 21-19 I will present this Ordinance to the Council at its Committee meeting and regular evening meeting. I may be accompanied by Assistant City Attorney Thomas E. Panowicz and Jamie Morgan, Project Manager, Office of the Mayor to answer legal or other questions you may have. Sincerely, I i9 Tracy Skibins Director,Code Enforcement cc: Karen White,Council Vice-President, Sixth District Representative Jo M. Broden,Fourth District Representative,Committee Chair,Health&Public Safety Filed in Clerk's Office Bill NO JUL 0 2 2019 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER FIVE OF THE SOUTH BEND MUNICIPAL CODE, GENERALLY KNOWN AS THE RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS, BY UPDATING ENTITY NAME DEFINITIONS,LICENSE REQUIREMENTS AND FEE REGULATIONS STATEMENT OF PURPOSE AND INTENT Since 2016, the Animal Care and Control Division of the Department of Code Enforcement has continued to excel in services that save and enhance the lives of animals in our community. Animal adoption has soared from 261 placements in 2016 to 652 in 2018. Pet licensing has grown to 1,671 licenses issued in 2018, an increase of almost 1,000 more than were sold in 2016. The staff has embraced a culture of community care that has driven up to these indicators of success. The City wishes to rename and rebrand this Division to signal its continued positive direction. To best reflect the mission and vision of animal services on behalf of the City of South Bend, this ordinance updates various Articles and Sections of Chapter 5 of the South Bend Municipal Code: Responsible Animal and Pet Ownership Care and Control Regulations. These amendments are appropriate to reflect this change in mission, vision, and name, as follows: The mission of the South Bend Animal Resource Center("SBARC") is to prevent animal cruelty and abandonment by promoting responsible, caring and compassionate attitudes towards animals. SBARC's vision is to serve the South Bend community with programs and services that improve the welfare of animals. With the motto "Open Door— Open Heart", SBARC offers resources for animal care, supplies, education, leisure, and training. Additional amendments to the ordinance incorporate best practices for customer service, budgeting, and animal welfare personnel management.The proposed changes to Chapter 5,Article 4 improve the service delivery of licensing to further grow the number oflicensed pets and increase the reunification of lost pets with owners. Updates to Article 8, Sec. 5-110 will allow the Department to better prepare an annual budget that is responsive to City spending, community needs, and innovations in animal welfare. The changes allow for a regular and routine review of fees through the various touchpoints of the budget process including Division, Department, Mayoral, Financial, and Council accountability, as well as review by the public Animal Welfare Advisory Commission. Finally,revising the job description for the SBARC Manager will provide 21-19 a more comprehensive understanding of the role and the Manager's accountability in developing operational policy. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, as follows: SECTION I. Chapter 5, Article 1, Section 5-2 (f), (g), (bb), (000) and (rrr) of the South Bend Municipal Code definitions are each hereby deleted entirely and replaced with revisions to read as follows: f)Animal Welfare Commission means the advisory Commission as established in Division III of this chapter. This was previously known as the Animal Control Commission. g) Animal Welfare Officer means a person authorized to carry out the provisions of this chapter, also referred to as AWO. This was previously known as Animal Control Officer. bb)Division ofAnimal Welfare means the municipally operated Division, formerly known as the Division of Animal Care and Control, established for the purpose of animal control and enforcement as used and described throughout this Article. It is operated by and is under the direct supervision of the Director of the Department of Code Enforcement and the Resource Center Manager. 000) Resource Center means the South Bend Animal Resource Center (SBARC) and the Division ofAnimal Welfare. The Resource Center is where the City shelters animals and the Division of Animal Welfare enforces the ordinances relating to the care, treatment and control of animals. This was previously known as SBACC or South Bend Animal Care and Control. rrr) Resource Center Manager means the Resource Center Manager for the South Bend Animal Resource Center and the Division of Animal Welfare. This was previously known as the Shelter Manager. SECTION II. Chapter 5, Article 1, Section 5-2 of the South Bend Municipal Code is updated to refer to the revised definitions from Section I above, as follows: Sec. 5-2. - Definitions. ee) Enforcement Authority means law Enforcement Control Agencies and officers acting on their behalf and Animal Welfare Officers sanctioned by the City of South Bend, St. Joseph County, or the State of Indiana. iii) Quarantining authority means the Department of Code Enforcement, Division of Animal Welfare, its agents, employees and designees, acting under directives and regulations of the Health Department of St. Joseph County or the Indiana state board of animal health. 40.00 10 day quarantine(per day/cat) 40.00 4-54)0 Microchip fcc 20.00 Adoption—Fees Dog t5115t 85.00 Puppy 1-00.00 Cat 680 Small animal 5.00 Small bird 10.00 75.00 Rabbit 40.00 Small reptile 00 Medium or Large reptile X40.00 Protective Custody Impound Fees: Fire, death,accident, acts of God, etc. No charge for first three(3)days 40440-per--day-per--eat 15.00 per day per deg S 10.00 per day per cat etc. 15.00 per day per 5.5-00 UPS shipping of biting anirn 40,00 b) The Shelter Manager has limited authority to waive or reduce fees based on: 1) Considerations ofresponsible ownership of the animal(s); or 2) Space available at the Shelter. Secs. 5 5 5 7. Reserved. Secs. 5-4 5-7. - Reserved. SECTION IV. Chapter 5, Article 3, and all or certain subparts of Sections 5-16, 5-20, 5- 22, 5-36, 5-37, 5-39, 5-40, 5-42 and 5-44 of the South Bend Municipal Code are amended to read as follows: Sec. 5-16. - Medical and grooming care requirements. b) Any animal deemed by the SBARC staffto require medical evaluation must be evaluated by a licensed veterinarian to maintain humane care. Any treatment necessary shall be at the discretion of the veterinarian. Proof of compliance must be provided. c) Any owner keeping an animal requiring grooming deemed by SBARC staff to maintainhumanestandardsofcaremustshowproofthatsuchgroominghasbeencompleted. 24[241 Sec. 5-20. - Urban chicken regulations. a) Anyone desiring to raise one (1) or more urban chickens within the city limits must file an application for an Urban Chicken Permit with the Division of Animal Welfare in the Department of Code Enforcement and pay an annual filing fee : - - • - ••e.!! , if provisions for the chickens are deemed acceptable after inspection by the Division of Animal Welfare and the application is approved. If the application is approved, the owner/harborer of the chicken(s) will receive a durable metal tag, which must be affixed in plain view to the chicken coop. At the end of each calendar quarter, the Division of Animal Welfare shall provide to the Office of the City Clerk an electronic report summarizing: the residential street location, number of urban chickens at each such location, size of the chicken coop and size of the chicken pen for each location which has been issued such a permit. The Division of Animal Welfare may deny or revoke a permit to any person who has failed or refused to comply with the permit requirements, who has made any fraudulent or false statement or material representation in the permit application or in connection with the keeping of urban chickens, who has violated a state or any provision of this Code in connection with the application or keeping of urban chickens or who has kept urban chickens or other animals in such a manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public. Upon denial or revocation of a permit, the Law Department shall provide notice to the permit applicant or holder and shall provide for a written appeal and hearing pursuant to the procedures in Section 4-16 of this Code. c) The Department of Code Enforcement shall be responsible for the enforcement of this section. The Department of Code Enforcement shall comply with the duties which require the filing of a summary list of all warning notices and citations issued by the last Friday of each month with the Law Department, the Chairperson of the Health and Public Safety Committee, the Chairperson of the Residential Neighborhoods Committee, the Office of the City Clerk, and the Animal Welfare Commission. Sec. 5-22. - Fastening animals with rope or chain; choker collar. e) Multiple tangling during tethering. If one(1) or more dogs at a residence have required a response from the Division of Animal Welfare to untangle tethers more than two (2) times in one 1) year, it shall be a violation of this Section. Sec. 5-36. -Notification of injury caused by motor vehicle to animals required. Any person operating a motor vehicle who causes injury or death to a domestic pet or large wild animal which may cause a public safety hazard shall stop at once, assess the extent of injury, and immediately notify the owner or Resource Center of the location of such animal or call the police or emergency services after hours. Sec. 5-37. -Notification oflost or stray animals required. a) Persons finding a stray animal are to notify the Division ofAnimal Welfare within 24 hours or within the next business day). At the discretion of the Division,the animal may be kept by the finder and a found report left with the department, to enable the finder an opportunity to return the animal to its rightful owner. b) Upon demand by the Division of Animal Welfare, any found animal will be surrendered to the Division and held for three(3) business days, before a disposition is made. d) With the exception of the SBARC, the finder will be considered the found animal's owner for the purposes of this chapter only after the animal is in the finder's custody for fifteen (15) continuous days and has been presented for microchip scanning. Sec. 5-38. - Potentially dangerous animals. a) If an animal welfare officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, the Resource Center Manager of SBARC shall request a hearing by the Animal Welfare Commission for the purpose of determining whether or not the animal in question should be declared potentially dangerous or vicious. 1) Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for finding probable cause shall be sworn to and verified by the complainant and shall be provided to the Animal Welfare Commission. 2) The hearing will be held within ten(10)calendar days at a special meeting ofthe Animal Welfare Commission and shall be open to the public. 4) The Resource Center Manager of SBARC shall notify the owner/guardian of the animal of the date and time of such hearing, at which time he or she may present evidence as to why the animal should not be declared potentially dangerous or vicious. 5) The Animal Welfare Commission may consider all relevant evidence,including incident reports,affidavits ofwitnesses,photographs and/or video media,and whether the incident reasonably indicates whether or not the animal in question is potentially dangerous and/or vicious in ordinary circumstances where the average person could not reasonably be expected to foresee and take measures to prevent injury. 6) If the owner/guardian of the animal fails to appear at the hearing, the Animal Welfare Commission may find owner/guardian in default, and all ownership rights of the animals shall be assumed waived. 7) b. An animal determined to be vicious shall be euthanized by the South Bend Division of Animal Welfare when it is found by the Animal Welfare Commission that the release of the animal would create a significant threat to the public health,safety, and welfare c. If it is determined that an animal found to be vicious shall not be euthanized, the Animal Welfare Commission may impose reasonable conditions upon the ownership ofthe animal that protect the public health, safety and welfare, which are consistent with the chapter. d. Decisions of the Animal Welfare Commission are subject to appeal to the Circuit Court of St. Joseph County. The Owner/Guardian of the animal(s)must do so within ten (10) calendar days, or they will waive their right to the appeal, and all decisions will be considered final. The Owner/Guardian must also notify the Animal Welfare Commission of their decision to appeal in writing, which will then be forwarded to the Law Department for the City of South Bend. b) If, upon investigation, it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the animal in question poses an immediate threat to public safety, then the animal welfare officer or law enforcement officer may seize and impound the animal pending the hearing to be held pursuant to this section. The owner/guardian of the animal shall be liable to the City of South Bend Division ofAnimal Welfare where the dog is impounded for the costs and expenses of keeping the animal, if the animal is later declared potentially dangerous or vicious. d) 5) The enclosure shall be inspected and approved by the City of South Bend Division of Animal Welfare prior to its usage for confinement. 8) The animal must also be identifiable via a microchip implanted in to the skin of the animal, and such microchip number must be provided to the Division of Animal Welfare. 0 3) Ifthe animal in question dies, or is sold or transferred, the owner/guardian shall notify the City of South Bend Division ofAnimal Welfare of the changed condition and new location of the animal in writing within two (2)business days. 4) Any violation of the above provisions and/or restrictions placed on the owner/guardian by the Animal Welfare Commission will result in immediate impoundment ofthe animal, fines to be issued in accordance with Section 5-106 of this chapter, and ownership rights in the animal be immediately waived.The Resource Center may also seek injunctive relief in a court of law against the owner/guardian and seek prohibition ofownership of animals for a time period deemed necessary by the court 5) An owner/guardian may submit one (1) request for reconsideration per year to the Animal Welfare Commission to have the designation of potentially dangerous or vicious removed from his or her animal. b. The application must be filed with the Division of Animal Welfare. d. The Animal Welfare Commission has the authority to hear evidence, both pro and con, as to whether and why the designation should or should not be removed. f. The Animal Welfare Commission may make a decision to remove or not to remove such designation. Sec. 5-39. -Biting animals; report; procedure. a) Owner or harborer of any animal which has bitten a person or another animal must report the incident to the St. Joseph County Health Department and the Division ofAnimal Welfare and immediately make the animal available for quarantine. Upon receiving the report of a bite, Division of Animal Welfare will quarantine the animal for ten(10) days with the place of confinement to be in the discretion of the Division ofAnimal Welfare. During the quarantine period, the animal is to be securely confined and kept from contact with any other animal or person. b) During the quarantine period,the owner must provide a current rabies vaccination certificate for his or her cat or dog that is being quarantined. If proof of vaccination cannot be supplied, the animal will be vaccinated by a veterinarian at the owner's expense before after release, and the owner must provide the Animal Welfare Commission with name, address and phone number of the veterinarian performing the rabies vaccination, which will be verified before the animal can be released to the owner. 1) If the animal is quarantined at the Resource Center, a microchip shall be implanted in it prior to its release from quarantine. The animal shall be registered for its life with the Division of Animal Welfare. The cost ofthe implant shall be at the owner's expense before release. 2) Ifthe animal is quarantined in a place other than the Resource Center, as determined by the Division of Animal Welfare, a microchip shall be implanted in it within thirty(30) days following the animal's release from quarantine. The animal shall be registered for its life with the Division of Animal Welfare. The cost of the implant and registry shall be at the owner's expense. c) No person other than an Animal Welfare Officer or veterinarian shall euthanize or cause to be euthanized any animal suspected of being rabid except in cases of immediate self- protection. If that occurs, the person will retain the body and immediately notify the Division of Animal Welfare. Sec. 5-40. - Exotic animals and native wildlife. f) Costs. The owner of any animal, which is impounded and/or euthanized or relocated under this section, shall be held responsible for payment of any expenses so incurred by the Division of Animal Welfare. Fees will be paid prior to release or relocation ofthe animal. Sec. 5-42. - Destruction of animals. a) All animals impounded by Resource Center, a public or private sheltering agency or rescue group shall be euthanized, only when necessary and consistent with the requirements of this chapter by lethal intravenous injection of sodium pentobarbital, except as follows: b) No person other than a duly authorized agent of Resource Center may euthanize any domestic animal within the city limits; provided, however, this provision shall not apply to the following: c) The Division ofAnimal Welfare,other animal shelters, and/or public animal facilities which destroy animals in the city, shall use only sodium pentobarbital or a derivative substance for said purpose. d) The duly authorized Resource Center agent(s) must be trained in humane procedures by a licensed veterinarian or a registered veterinary technician and shall perform the destruction of animals in a humane manner as specified by the American Veterinary Medical Association AVMA's Guidelines for Euthanasia. Said person(s) must have letter from a licensed veterinarian citing their competency in humane euthanasia procedures and must be evaluated by a licensed veterinarian on a yearly basis. Sec. 5-43. - Habitual animal offender. b) If upon investigation by an Animal Welfare Officer it is found that an owner and/or harbor meets the definition of a Habitual Offender, the matter will be set for hearing before the Animal Welfare Commission. c) If found to be a habitual animal offender the Animal Welfare Commission may order a limit, restriction, or prohibition against animal ownership for a minimum of five (5) years or more as determined by the Animal Welfare Commission based on the totality of the circumstances of the violations observed. Sec. 5-44. - Free roaming cat trap-neuter return regulations. c) The Division of Animal Welfare, or a community cat caretaker or a trap/neuter return organization, in order to encourage the stabilization of the free-roaming cat population may: 3) Release the cat to the Division of Animal Welfare for adoption or other disposition in accordance with law, or to a colony caretaker who will maintain the cat as part of a managed colony of community cats. Cat must be returned as close as possible to its location of capture unless illness or injury presents imminent danger to the animal. d) Traps discovered by the Division of Animal Welfare to have been unlawfully set may be seized. SECTION V. Chapter 5,Article 4, Sections 5-50, 5-51 and 5-52 ofthe South Bend Municipal Code are hereby deleted and replaced to read in their entirety as follows: Sec. 5-50. -- Application for license or permits. a) Application for licenses or permits may be made at the Resource Center, a SBARC designated facility, SBARC website, or by mail, and shall include the name, address of applicant, type of license or permit applied for, number and description of animal(s), information regarding sterilization, rabies vaccination certificate, microchip information; and upon request a list of all other vaccinations administered, if known, the date and type of vaccinations and the name of the person, business, or entity who administered them, a record of any known disease, illness or condition with which the animal is or has been afflicted; and record of any veterinary treatment or medication received by the animal and appropriate fee. b) All license and permit fee schedules will be determined under the provisions of Sec. 5-110. c) Pet Licenses are to be issued for a term of one (1) year to three (3) years, commencing and concluding with the date ofthe most recent rabies vaccination. Owner/guardians must contact the Resource Center with changes of address, telephone or ownership. Failure to keep contact information current may result in the inability of the Resource Center to contact an owner/guardian. d) All Permits are to be issued for a term of one (1) year, commencing with the date of issuance, and required to be renewed annually. e) Upon approval, the Resource Center shall issue a license or permit in written or electronic form,which includes the number of the license or permit and the type of license or permit. f) The Resource Center shall maintain records of the identifying license/permit number. g) All dogs or cats over the age of three (3) months must be licensed with a current pet license. The owner/guardian of any dog or cat, which dog or cat is over the age of three (3) months, must also have in his or her possession a current rabies vaccination certificate showing that such animal has been vaccinated against rabies as provided in Sec. 5.75. Any owner/guardian of such animal who moves into the city for purposes of establishing a residence or residing or who becomes a resident as result of annexation shall have thirty (30) days in which to obtain the license or permit required by this chapter. h) All owners/guardians have the responsibility to keep all license or permit information current with the Resource Center. i) All commercial permits may be issued after completing a yearly inspection whereby the Division of Animal Welfare verifies that the person applying for such commercial permit has met all applicable Code requirements. Sec. 5-51. - Pet licensing and microchip required; exceptions to licensing fees. a) Any person owning, keeping, harboring or having custody of any dog or cat over the age of three (3) months must obtain a pet license for such animal; provided, however, that no pet licensing shall be required of any animal rescue organization,municipal animal control facility or governmental agency, or service dog agency. b) Starting January 1, 2020, if a dog or cat does not have a microchip, SBARC will register and implant one (1) permanent microchip with a corresponding discrete number upon completion of the licensing application and payment of licensing fees. Existing microchip implants/numbers will be used to license the corresponding animal and the Resource Center will scan and verify any existing microchip and its information. Microchip implants may be registered for the life of the animal with the Resource Center. Additionally, a durable tag will be issued for an animal that has received a microchip implant from the Resource Center. The durable tag will have a corresponding number to that of the implanted microchip and will display a national, toll free, twenty-four(24)hour, seven(7) days per week telephone number for the purpose of animal and owner/guardian identification. c) The license will be on file with the Resource Center and proof of payment/license will be provided to the owner/guardian. d) The Resource Center will consider the registered microchip owner/guardian to be the legal owner/guardian. If no registered microchip is found or present, then the Resource Center will consider tags, or other identifiers to determine the legal owner/guardian. e) Any person owning any dog or cat which has been implanted with a microchip shall transfer the microchip documentation with the Resource Center and national registry upon sale, trade, barter, gift or transfer of an animal. f) Annual pet licenses are non-transferable. g) Fee schedules will be determined under the provisions of Sec. 5-110. h) Limited fee exceptions to licensing requirements: 1) Threat to health of animal. Upon a written statement from a licensed veterinarian setting forth that the neutering of the animal shall constitute a threat to the health of that animal, the payment of the license fee for unaltered animal shall not be required but the animal shall be classified as an altered animal for purposes of pet licenses and fees. Licensing at the altered tag price under this section will constitute agreement not to breed the animal. Doing so will result in fines and revocation of said license. 2) Service Animal Exception. A person who is impaired by: i) Blindness or any other visual impairment; ii) Deafness or any other aural impairment; iii)A medical condition or any other condition governed by the Americans with Disabilities Act(ADA) shall be exempt from the fees listed in this section for their service animal,however licensing of such service animal is required. 12 i) Senior Citizen Exemption. Any person sixty-two (62) years of age or older, with valid proof thereof, who owns, keeps, harbors or has custody of an altered and microchipped animal licensing his/her animal will have the licensing fees for such animal waived in their entirety. j) Military Exemption. Any active duty military personnel or veteran, with valid military identification, who owns,keeps,harbors or has custody of an altered and microchipped animal licensing his/her animal will have the licensing fees for such animal waived in their entirety. Sec. 5-52. - Fees. a) Commencing on the effective date of the ordinance from which this chapter derives, and for each subsequent year thereafter, each approved application for licensing or permit issued by the City under this chapter shall be valid upon payment of all required fees. b) All license and permit fee schedules will be determined under the provisions of Sec. 5-110. SECTION VI. Chapter 5, Article 4, and all or certain subparts of Sections 5-54 and Section 5-55 of the South Bend Municipal Code are amended to read as follows: Sec. 5-54. - Appeals; re-inspections; denials or revocation of permit. b) The permit holder may request a re-inspection for permit reinstatement based on compliance or may appeal the SBARC revocation. All requests for appeals must be in writing and addressed to the Animal Welfare Commission; whereupon, the Commission shall set the appeal for hearing within forty-five(45) days of the receipt of the written request. c) Upon re-inspection by SBARC following an appeal, a permit reinstatement fee e-fifty dollars ($50.00)will be required prior to reopening. Sec. 5-55. - Redemption of impounded animals seized for permit denials, suspensions or revocation. a) When the re-inspection indicates full compliance that the conditions that caused the denial, suspension or revocation have been corrected, the permit shall be restored and impounded animals that are in the care of SBARC at the time of full compliance may be redeemed. b) Animals seized will be impounded by SBARC for no less than five(5)business days. After five(5)business days, seized animals will be considered unredeemed unless the SBARC and the licensee whose permit was denied, suspended, or revoked reach an agreement regarding the housing and care of the seized animals for the period in which the licensee is working to correct the conditions that caused the denial, suspension or revocation. c) Any animal remaining unredeemed after the prescribed holding period shall at once become the property of SBARC. SECTION VII. Chapter 5, Article 5, and all or certain subparts of Sections 5-60, 5-61, 5-62, 5- 63, 5-65, and 5-68 of the South Bend Municipal Code are amended to read as follows: 13 Sec. 5-60. - Kennel/cattery permit regulations. a) a. Initial application eligibility requires no more than three (3) unaltered pets, no outdoor housing in the absence of the owner, suitable exercise space for the breed and number owned,no history of violations with SBARC, and all animals current on vaccinations. c) Grandfather Clause. Animals owned or harbored and exceeding the ownership limits of this section at the time of passage of this law may be registered with the Division of Animal Welfare within ninety (90) days of passage to be exempted from ownership limits. Animals owned or harbored in excess ofthese limits and not registered within this time frame will not be considered exempt. Sec. 5-61. - Major breeders permit. a) A major breeder's permit shall be obtained by: 2) Any person who offers for sale, sells,trades,receives other compensation or gives away more than one(1)litter of dogs or cats in a 12-month period; excepting a litter of dogs or cats taken to the Division of Animal Welfare. b) Such person shall: 2) Furnish the Department of Animal Welfare with information on the birth of each litter ofdogs or cats as may be required by Division of Animal Welfare to register that litter of dogs or cats with Division of Animal Welfare, and to be assigned a litter number for each litter; and 3) Further be required to register with the Division of Animal Welfare the name, address, and telephone number of each buyer or new owner of any dog or cat sold or transferred within five(5) days after the date of such sale or transfer; and 5) Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an animal taken to the Division of Animal Welfare) against common disease; in the case of dogs, against canine distemper, adeno-virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and panleucopenia; and 6) Not offer a puppy or kitten under the age of ten (10) weeks for sale, trade, other compensation or for free giveaway (except a puppy or kitten or litters of them taken to the Division of Animal Welfare); and Sec. 5-62. - Minor breeders permit; sale of underage animal prohibited. a) A minor breeder's permit shall be obtained by: 14 2) Any person who offers for sale, sells,trades,receives other compensation or gives away any litters ofdogs or cats; excepting a litter ofdogs or cats taken to the Division ofAnimal Welfare; or 3) Any owner or person having custody of a dog or cat that has delivered a litter or caused the delivery of a litter,who chooses not to relinquish the animal to the Division ofAnimal Welfare and also chooses not to have the animal spayed or neutered shall cause the animal to be implanted with a microchip and to register this dog or cat within thirty(30) days of having received notice to accomplish this procedure from the Division of Animal Welfare. b) Such person shall: 2) Not be allowed to offer for sale, sell, trade, receive other compensation or give away more than one(1) litter of dogs or one(1) litter of cats in a 12-month period; excepting a litter of dogs or cats taken to the Division of Animal Welfare; and 3) Furnish the Division of Animal Welfare with information on the birth of each litter of dogs or cats as may be required by the Division of Animal Welfare to register that litter of dogs or cats with the Division of Animal Welfare, and to be assigned a litter number for each litter; and 4) Further be required to register with the Division of Animal Welfare the name, address, and telephone number of each buyer or new owner of any dog or cat sold or transferred within five (5) days after the date of such sale or transfer; and 6) Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an animal taken to the Division of Animal Welfare) against common disease; in the case of dogs, against canine distemper, adeno-virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and panleucopenia; and 7) Not offer a puppy or kitten under the age of ten (10) weeks for sale, trade, other compensation or free giveaway (except a puppy or kitten or litters of them taken to the Division of Animal Welfare); and c) Any owner or person having custody of a dog or cat which has been neutered within ten(10) weeks after giving birth to a litter or who turns the adult dog or cat over to the Division of Animal Welfare within 10 weeks from the birth date of the litter,will be required to purchase a minor breeder permit . - . - . - - : ; .. . !.!! . d) Any owner or person having custody of a dog or cat which has delivered a litter,who chooses not to relinquish said animal to the Division of Animal Welfare and also chooses not to have the animal neutered, will be required to purchase a minor breeder permit at the ratc of one plus any applicable kennel/cattery permit fee. The permit shall be issued provided all requirements of this chapter are met. Sec. 5-65. - Pet shop permit. 15 c) The pet shop permit holder shall be further required to register with the Division of Animal Welfare the name, address, and telephone number of each buyer or new owner of any dog or cat transferred within five (5) days after the sale or transfer. d) The Animal Welfare Officer or County Health Department of St. Joseph County may restrict the sale of any animal suspected of being diseased or otherwise unfit for sale. An examination by a licensed veterinarian may be requested at the expense of the enforcement agency. The Animal Welfare Officer may seize the animal to ensure and protect the health and safety of any other animals present and/or the public. f) No puppy or kitten under the age of eight (8) weeks may be offered for sale, trade or other compensation or for free giveaway (except a puppy or kitten, or litter or litters taken to the Division of Animal Welfare). Sec. 5-68. - Exceptions for Division of Animal Welfare and animal welfare organizations. No permit shall be required ofthe Division of Animal Welfare or animal welfare organization; however, all other provisions of this chapter shall apply and such organizations are subject to inspection. SECTION VIII. Chapter 5, Article 6, Section 5-77 of the South Bend Municipal Code is amended to read as follows: Sec. 5-77. - Sale of puppies and kittens. A puppy or kitten must be at least ten(10)weeks old and weaned before it may be offered for sale, traded, or given away for other compensation or for giveaway (except a puppy or kitten or litter or litters may be surrendered to the Division of Animal Welfare.) SECTION IX. Chapter 5, Article 7 Section 5-86 of the South Bend Municipal Code is amended to read as follows: Sec. 5-86. - Euthanizing animals. a) All animals impounded by Resource Center, a public or private sheltering agency or rescue group shall be euthanized, only when necessary and consistent with the requirements of this article, by lethal intravenous injection of sodium pentobarbital, except as follows: b) No person other than a duly authorized agent of the Division of Animal Welfare may euthanize any domestic animal within the city limits; provided, however, this provision shall not apply to the following: c) The Division ofAnimal Welfare, other animal shelters, and/or public animal facilities which euthanize animals in the city, shall use only sodium pentobarbital or a derivative substance for said purpose. 16 d) The duly authorized Resource Center agent(s) must be trained in humane procedures by a licensed veterinarian or a registered veterinary technician and shall perform the animal euthanization in a humane manner as specified by the AVMA's Guidelines for Euthanasia. Said person(s)must have letter from a licensed veterinarian citing their competency in humane euthanasia procedures and must be evaluated by a licensed veterinarian on a yearly basis,with such required documentation being kept on file and open for public inspection. SECTION X. Chapter 5, Article 8, Division 1, Section 5-90 of the South Bend Municipal Code is hereby deleted and replaced to read in its entirety as follows: Sec. 5-90. - Duties of Resource Center Manager. a) The Division ofAnimal Welfare shall be operated by the Resource Center Manager. b) The Resource Center Manager will be advised on matters of policy by the Animal Welfare Commission. c) The duties and powers of the Resource Center Manager are as follows: 1) To ensure that all city ordinances and state laws regarding animal care and control are enforced. 2) To manage the Resource Center's operations. 3) To purchase all necessary materials for the proper and efficient performances of the services and work required of the Resource Center consistent with the City's established purchasing procedures. 4) To hire and supervise all personnel necessary for the efficient performance ofthe duties required of the Resource Center and Division of Animal Welfare. 5) To provide training opportunities and continuing education for all staff. 6) To prepare and submit,after review and comments ofthe Animal Welfare Commission, to the South Bend Common Council through the City Controller, an annual budget, for its financing of its operations and performance of its duties. 7) To provide the Director with a report of its activities and operation for the prior year, to be submitted with the Department of Code Enforcement's annual report. The Director will submit this to the Mayor's office and the City Clerk by the assigned date. 8) To work with the Director and Director of Finance for the Department of Code Enforcement to create and maintain the Division of Animal Welfare annual budget and fee schedule.These fees are to be reasonable and are to be charged for services provided by the Resource Center. 9) To prepare monthly reports for the Animal Welfare Commission on performance, operation and intake/outtake metrics including adoption,rescue transfer and euthanasia and any other statistics that the Animal Welfare Commission may request. 10) To ensure that all dogs and/or cats released for adoption shall be spayed or neutered, implanted with an electronic microchip, and provisions made for a program to monitor said spay/neuter and microchip plan. 17 c) Three (3) members of the Animal Welfare Commission shall constitute a quorum to do business. d) Copies of all Animal Welfare Commission agendas shall be electronically sent to the Law Department, Division of Animal Welfare, Office of the City Clerk, and the Chairpersons of the Council's Health and Public Safety Committee and Residential Neighborhoods Committee. e) Meeting minutes of all Animal Welfare Commission meetings shall be maintained and regularly posted on the City's website for the Division of Animal Welfare with electronic copies being sent to the Resource Center Manager, the Law Department, Office of the City Clerk, and the Chairpersons of the Council's Health and Public Safety Committee and Residential Neighborhoods Committee. 39) --- Note—The Indiana Open Door Law requiring a minimum of 48-hour notice applies to all meetings of the Animal Welfare Commission pursuant to IC 5-14-1.5-5. Sec. 5-97. - Duties and responsibilities of the Animal Welfare Commission. The Animal Welfare Commission shall have the following duties and responsibilities: 1) To receive and review recommendations made by the Resource Center Manager; 6) Such determinations shall be reduced to writing with the original of the same being maintained by the City and copies being sent to the person or persons filing an appeal, with copies also being maintained in the Division Animal Welfare. Electronic notification of such determinations shall be sent to all Animal Welfare Officers and the South Bend Police Department. SECTION XII. Chapter 5, Article 8 and all or certain subparts of Division 3, Implementation and Enforcement. Sections 5-105 through 109 inclusive, and Section 5-111 of the South Bend Municipal Code are amended to read as follows: Sec. 5-105. - Interfering with enforcement. No person shall interfere with an Animal Welfare Officer in the pursuit ofhis/her duties as an officer. Sec. 5-106. - Impoundment. a) Animals found in cruel, abusive or neglectful situations,animals trained,bred or kept for the purpose of animal fighting, animals considered potentially dangerous, animals abandoned as a result of owner arrest, or animals that have been abandoned may be promptly seized, provided, however, that the Animal Welfare Officer shall leave written notice. b) Animals so removed will be impounded and held at the Division Animal Welfare or a designated facility, provided, however, that in no event shall this period exceed five (5) calendar days, at which time the animal shall become the property of the Department of 19 Animal Welfare. An animal may be held longer if an extension is necessary for the Animal Welfare Officer to have ample time to prepare a court case if prosecution is warranted, or a request for a bond has been filed as provided in paragraph (e) of this section. In the case of animals impounded for quarantine at the Division of Animal Welfare,the animal will become the property of the Division if not claimed by closing time of the Division on the eleventh(11 Th)day of the quarantine. Owners requesting quarantine but failing to claim animals at the end ofthe quarantine period will be responsible for all medical, quarantine, and euthanasia fees. c) Animals impounded for reasons of tragedy beyond the control of the owner, such as but not limited to house fire or death of the owner, will be held for seven (7) calendar days during which time a reasonable effort will be made to contact the owner and/or their representative to make reclaim or alternative housing arrangements. After the seventh (7 Th) day of impoundment, the animals will become the property of the Division of Animal Welfare. d) Animals awaiting disposition by the courts shall remain in the custody of the Division of Animal Welfare, unless such disposition is made, or placed in a foster home until legal arrangements have been completed. e) Pursuant to impoundment of an animal under paragraph (a) of this section, the Division of Animal Welfare may file a petition with the court requesting that the owner or custodian of the animal post a bond to cover the costs of care of the animal while it is in the custody ofthe Division. 2) a. Bond must be posted within a maximum of three (3) business days following the bond hearing judgment. If bond has not been posted within the allotted three (3) business days, the animal shall immediately become the property of the Division of Animal Welfare. b. Bond must be posted at the Division of Animal Welfare in cash or certified funds only. The bond shall be deposited into the budget for the Division of Animal Welfare, in a subaccount specific for each case. The Division may draw on this account to cover the actual expenses incurred in the care of the animal. d. Upon conviction of the accused,the court or hearing body, at its discretion may order any remaining bond money and/or the animal(s) forfeited to the Division of Animal Welfare. 4) This section applies to any and all animals housed at the Resource Center, or under the direction ofthe Division ofAnimal Welfare at a remote facility,irrespective ofthe agency that seized the animals. 6) When a community cat is captured, such animal need not be impounded but may be returned to its owner or community cat caretaker if,in the opinion ofthe Resource Center officer, the return would not present a danger to the public, continued or repeat public nuisance, or otherwise result in a violation of this chapter. Sec. 5-107. - Notice to owner. b) 20 3) Cooperation of effort with other governmental and private agencies, such as the Humane Society of St. Joseph County or other humane and/or breed rescue organizations recognized by the Division of Animal Welfare. Sec. 5-108. - Redemption. a) A person may reclaim an animal in the custody of the Division of Animal Welfare upon providing the following: 3) It shall be mandatory that any dog or cat not displaying a current city pet registration or current identification tag ifnot a city resident, affixed to its collar, after the effective date of this chapter, upon its redemption by its owner, and prior to its release by the Division of Animal Welfare, be implanted with a microchip and registered for purposes of identification and recovery. The cost for this process shall be at the owner's expense before the animal's release. b) Stray or at-large animals will be held three (3) business days at the Division of Animal Welfare. c) Unclaimed animals become the property of the Division of Animal Welfare and may be placed for adoption,transferred to rescue or humanely euthanized, pursuant to Section 5-106. Sec. 5-109. - Inspections and entry on property. a) Whenever it is necessary to make an inspection to enforce any of the provisions ofor perform any duty imposed by this chapter or when there is probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this chapter or State law, the Animal Welfare Officer or Health Officer or police officer is authorized at all reasonable times to inspect the same for compliance with the provisions of this chapter or any state law; provided that: b) In the event the Animal Welfare Officer, County Health Officer or his or her designee or police officer has probable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry, explaining the reasons therefor. If entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after reasonable search, the officer shall have recourse to secure lawful entry and inspection of the property via a warrant issued by a judge in good standing. Sec. 5-111. - Penalties. a) Violators shall be issued a citation and fined by a law enforcement officer or animal welfare officer as follows: b) Upon finding of violations of this chapter, the City may seek injunctive relief through the court which may order relinquishment of an animal(s) deemed to be a public safety risk 21 SoUTEf e 1200N COUNTY-CITY BUILDING PHONE 574.235.9216 227 W. JEFFERSON BLVD.w PEACE: FAX 574.235.9928 SOUTH BEND,INDIANA 46601-18302. 1x65 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE Filed in Clerk's Office July 2,2019 Mr.Tim Scott,President JUL 0 3 2019 City of South Bend Common Council t_ J 227 W.Jefferson Boulevard,4th Floor KAREEMAH FOWLER South Bend, Indiana 46601 CITY CLERK,SOUTH BEND, IN RE:Additional Appropriation Ordinance Dear President Scott, City administration is requesting a special additional appropriation outside of our normal,quarterly appropriation process. This special appropriation ordinance helps to address the condition of several City streets. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on July 8,2019 with 2nd reading, public hearing and 3rd reading scheduled for July 22,2019. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-9822. Regards, Daniel T.Parker City Controller 4 BILL NO. 23-19 ORDINANCE NO. ------ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2019 OF $500,000 FROM ECONOMIC DEVELOPMENT INCOME TAX 4.Q8, ____ ------, --------------------+--��din Clerk's Office ST A TEMENT OF PURPOSE AND INTENT JUL O 3 2019 The Common Council passed the City's 2019 operating and capita bud.gl 2018 (Ordinance # 10615-18 passed on October 8, 2018), which included , :hilvarious City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2019 and set apart within the following designated funds for expenditures as follows: FUND Amount Economic Development Income Tax (EDIT) (#408) $500,000 TOT AL $500,000 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the ____ day of _______ , 2018, at ____ o'clock . m. Deputy City Clerk BILL NO. 23-19 Approved and signed by me on the day of 2018, at o'clock . m. Mayor, City of South Bend, Indiana Filed in Clerk's Office JUL 03 2019 KAREEITtriT1 iib-WLER CITY CLERK,SOUTH BEND, IN City of South Bend,Indiana July 2019 Special Appropriation Request increase or decrease in total fund expenditures) July2,2019 Bill No.XXXXXX Budget Department Account Project Increase/ Fund Name Name AccountName Contact Name Number Number (Decrease)Justification EDIT Engineering 8Streets Street Maintenance Daniel Parker 408-0607-431.36-10 500,000 Increase funding fora varietyof road projectsthroughout the City Total Enterprise 500,000 2019 8uaget Arnenamenis 7/3/2019 Page 1