HomeMy WebLinkAbout08-12-2019 Final Agenda Packet
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: KAREEMAH FOWLER, CITY CLERK
DATE: AUGUST 8, 2019
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for Monday, August 12, 2019:
Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd.
South Bend, IN 46601 3:30 P.M. PERSONNEL & FINANCE CHAIRPERSON, WHITE
1. Bill No. 25-19- Additional Appropriation Ordinance- Procurement 3:50 P.M. INFORMATION & TECHNOLOGY CHAIRPERSON, SCOTT 1. Update- IT- Denise Riedl, Chief Information Officer 4:10 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, BRODEN 1. Bill No. 24-19- Handheld Device Ordinance 4:25 P.M. ZONING & ANNEXATION CHAIRPERSON, DAVIS 1. Update: Zoning Ordinance- Tim Corcoran, Director of Planning- Community Investment 2. Bill No. 70-18- 131 Chapin Street Zoning Amendment
3. Bill No. 22-19- Building Permits Ordinance Amendment 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. SCOTT 1. Discussion of Council Agenda 2. Update and Announcements 3. 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, August 12, 2019 7:00 P.M. 1. INVOCATION- ED WILLIAMS, CODE ENFORCEMENT OFFICER- CITY OF SOUTH BEND 2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS
19-46 A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING JEFF KATONA AND HIS FAMILY FOR 20 YEARS OF DEDICATED SERVICE.
6. REPORTS FROM CITY OFFICES
7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 70-18 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 131 CHAPIN STREET,
COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND,
INDIANA
22-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 1, SECTION 6-4 OF THE SOUTH BEND MUNICIPAL CODE TO REQUIRE PAYMENT OF ALL PAST PERMIT AND INSPECTION FEES AND COMPLIANCE ALL APPLICABLE ZONING ORDINANCES PRIOR TO THE
ISSUANCE OF A BUILDING PERMIT, EXCEPTING CERTAIN BUILDING
PERMITS ISSUED IN ACCORDANCE WITH LAW PRIOR TO THE EFFECTIVE DATE OF THIS AMENDED ORDINANCE
24-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL
2
CODE BY REPEALING CURRENT CHAPTER 20, ARTICLE 13 AND THE INCLUSION OF NEW CHAPTER 20, ARTICLE 13, ENTITLED
“REGULATIONS ON THE USE OF HAND-HELD MOBILE OR WIRELESS
TELEPHONES, ELECTRONIC COMMUNICATIONS DEVICES AND TELECOMMUNICATIONS DEVICES WHILE DRIVING”
25-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2019 OF $180,070 FROM GENERAL FUND (#101)
8. BILLS ON THIRD READING TIME:______ BILL NO. 70-18 THIRD READING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 131 CHAPIN STREET,
COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 22-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 1, SECTION 6-4 OF THE SOUTH BEND MUNICIPAL CODE TO REQUIRE PAYMENT OF ALL PAST PERMIT AND INSPECTION FEES AND COMPLIANCE ALL APPLICABLE ZONING ORDINANCES PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, EXCEPTING CERTAIN BUILDING
PERMITS ISSUED IN ACCORDANCE WITH LAW PRIOR TO THE EFFECTIVE DATE OF THIS AMENDED ORDINANCE
24-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE BY REPEALING CURRENT CHAPTER 20, ARTICLE 13 AND THE
INCLUSION OF NEW CHAPTER 20, ARTICLE 13, ENTITLED “REGULATIONS ON THE USE OF HAND-HELD MOBILE OR WIRELESS TELEPHONES, ELECTRONIC COMMUNICATIONS DEVICES AND TELECOMMUNICATIONS DEVICES WHILE DRIVING”
25-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2019 OF $180,070 FROM GENERAL FUND (#101)
9. RESOLUTIONS
10. BILLS ON FIRST READING
BILL NO.
3
26-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 9-16 OF
CHAPTER 9, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE TO
ADDRESS AMBULANCE/MEDICAL SERVICE FEES 27-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, OF THE SOUTH BEND MUNICIPAL CODE OF BY THE INCLUSION OF NEW DIVISION I ENTITLED YOUTH ADVISORY COUNCIL
11. UNFINISHED BUSINESS
BILL NO. 19-50 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3423
MICHIGAN STREET 12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________
Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated
into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the 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 Di rector
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571
December 5, 2018 Filed in Clerk's Office
Honorable Common Council
DEC 0 5 20184thFloor, County-City Building
South Bend, IN 46601
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
RE: 131 Chapin Street
APC#2885-18
Dear Council Members:
Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the
attached Ordinance on the Council agenda for first reading at your December 10th,2018 Council
meeting, and set it for public hearing at your January 28th, 2019 Council meeting. The petition
is tentatively scheduled for public hearing at the January 15th, 2018 Area Plan Commission
meeting. The recommendation of the Area Plan Commission will be forwarded to your office
by noon on the day following the public hearing.
If you have any questions, please feel free to contact our office.
Sin rely,
Jor an Wyatt
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.STJOSEPHCOUNTYINDIANA.COM/A R E A P L A N
BILL NO. 70-18 DISTRICT
NO. 2
(Councilmember Regina
Williams- Preston
Filed in Clerk's Office
DEC 0520181
BILL NO. 70-18 j
KAREEMMMAH FOWLER
ORDINANCE NO. CITY CLERK,SOUTH BEND,IN
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 131 CHAPIN STREEET, COUNCILMANIC DISTRICT NO. 2 IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from SF2 to 0 for a hotel.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION I. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in
order that the zoning classification of the following described real estate in the City of South
Bend, St. Joseph County, State of Indiana:
A LOT OF PARCEL OF LAND FIFTY-TWO (52) FEET IN WIDTH FRONTING ON SOUTH
CHAPIN STREET, AND BEING A PART OF LOT NUMBERED TEN (10) AS SHOWN ON
THE PLAT OF ANN THOMAS' SUBDIVISION OF A PART OF BANK OUT LOT
NUMBERED SEVENTY-FOUR(74) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN,
NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, WHICH
PART IS BOUNDED BY A LINE RUNNING AS FOLLOWS:
BEGINNING ON THE WEST LINE OF SOUTH CHAPIN STREET AT A POINT 70 FEET
SOUTH OF THE NORTHEAST CORNER OF SAID BANK OUT LOT NUMBERED
SEVENTY-FOUR(74); THENCE RUNNING WEST 146.90 FEET TO A POINT 50 FEET
EAST OF THE EAST LINE OF THE LOT NUMBERED TWENTY-NINE(29) IN ANN
THOMAS' SUBDIVISION OF THE NORTHWEST PART OF SAID BANK OUT LOT
NUMBERED SEVENTY-FOUR(74); THENCE SOUTH 52 FEET; THENCE EAST TO THE
WEST LINE OF CHAPIN STREET; THENCE NORTH 52 FEET TO THE PLACE OF
BEGINNING.
ALSO, THE EAST FIVE (5) FEET OF THE PRIVATE OR VACATED PUBLIC ALLEY
LYING WEST AND ADJACENT TO THE ABOVE DESCRIPTION.
be and the same is hereby established as 0 Office District.
SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments,if applicable.
SECTION III. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and legal publication, and full execution of any
conditions or Commitments placed upon the approval.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office ofthe City Clerk
Presented by me,the undersigned Clerk ofthe City of South Bend,to the Mayor of the City
of South Bend, Indiana on the day of 2018, at o'clock
m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the_ day of 2018, at o'clock
m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
PETITION FOR ZONE MAP AMENDMENT
City ofSouth Bend, Indiana
I(we) the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
131 Chapin Street Gust south of Washington on the west side)
ft house north ofthe Studebaker National
Museum.
South Bend, IN 46601-2519
2) The property Tax Key Number(s) is/are: Enter property tax key number(s)
3) Legal Descriptions: Part ofLot 10 in Ann Thomas'Subd ofPart ofBank Out Lot 74 ofthe P. Plat ofLots ofthe
City ofSouth Bend, IN
4) Total Site Area: 7,899 sq.ft. .18 Ac Filed in Clerk's Office
5) Name and address of property owner(s)of the petition site:
Donald R. Lindner (Trustee Lindner Family Trust dated 3/21/2014. DEC 05 2018
900 Thomas Street
South Bend, IN 46601-2537 KAREEMAH FOWLER
314-973-8686 CITY CLERK,SOUTH BEND,IN
dlindner@mac.com
Name and address of additional property owners, if applicable: Other address 1447 Rose Hill Lane,
St. Peters,MO 63376-3744
6) Name and address of contingent purchaser(s), if applicable:
N/A Name
Address
City, State Zip Code CEC 03 2018
Phone number with Area Code
E-Mail Address AREA PLAN CP', .10 Le
A. •lic3tion#e..la b _.
Name and address of additional property owners, if applicable: Wife,Janet V. Lindner,same Missouri
address.
7) It is desired and requested that this property be rezoned:
From: SF2 Single Family Two Family District Additional zoning district, if applicable
To: 0 Office District
8) This rezoning is requested to allow the following use(s): Hotel 6 Rooms (Already own B&B).
IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section):
1) From the required perimeter landscape to none.
2) A statement on how each of the following standards for the granting of variances is met:
a) The approval will not be injurious to the public health, safety, morals and general welfare of the r`
community: There is already existing landscape on the site.
b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and: Improving and updating the property
c) The strict application ofthe terms ofthis Ordinance would result in practical difficulties in the use of the
property: This is a museum area zoned office. Strict application would require us to remove existing
landscaping.
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section):
1) The Special Exception Use(s)being requested: Insert text
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
a) The proposed use will not be injurious to the public health, safety,comfort, community moral standards,
convenience or general welfare: Please explain how your Special Exception Use petition addesses this
criteria
b) The proposed use will not injure or adversely affect the use ofthe adjacent area or property values
therein: Please explain how your Special Exception Use petition addesses this criteria
c) The proposed use will be consistent with the character ofthe district in which it is located and the land
uses authorized therein;and: Please explain how your Special Exception Use petition addesses this
criteria
d) The proposed use is compatible with the recommendations of the Comprehensive Plan. Please explain
how your Special Exception Usepetition addesses this criteria
In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Donald Lindner
900 Thomas Street
South Bend, IN 46601-2537
Cell 314-973-8686
dlindner@mac.corn
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s)of all property owner(s), or signature ofAttorney for all property owner(s):
111 1
u i . .
EEC 032010
AREA PLAN C' 1VJO
UABONMARCH E
750 Lincoln Way East Battle Creek Goshen
South Bend,IN.46601 Benton Harbor Hobart
T 574.232.8700 Manistee Lafayette
F 574.251.4440 South Haven South Bend
abonmarche.com
Valparaiso
Engineering •Architecture•Land Surveying
C
RULE 12 BOUNDARY SURVEY
SO. CHAPIN STREET
MAG SET 1' E. 0/S
FENCE COR. 0.4' N. & 0.2' W.
6acTc 0TcuE — I Iconc. walk
NO0'27'59"W
J L — — — — L 1
70.00'(r) SM_AG NO °27'59"W 52.00'
0SMAG
FIP FENCE ON LINE'
I-
1
I STEEL
I
OUND
13)C.O.C. I 11
CALC. NE. COR. MAG SET 1' E. 0/
I
o ai BAR
ANN. THOMAS' SUB. OF POINT OF N conc. \
I (
HELD)
OF B.O.L. 74 BEGINNING L._ _
FENCE ON COR.) Y`\ 1
5d - - - _J —
I1' II
1I
I
I I I
1
m I I
6.5'±
di- I Ir o
J WOODSFRAMED I II
N
6 HOUSE 1 b I w.
6
In o Filed in Clerk's Office
N.'
t 1 f/ ' S /48,co,
63
V.
QU
h 0 4 DEC 0 5 2018
6:).•\\ ,,
7) 'I
In.Z KAREEMAH FOWLER F— --a I IcCITYCLERK,SOUTH BEND,IN y co 1 L1 — J I Q
IN
co w i H I a °
J I c °FENCE bOR.
II I ti
Z y4i 1 q^^ 0.7' N. OF (LINE
II i h^lx
Z a
1
c8nc° ° I u l
z_
sk‘ \
CI; 0 3 2018 1
r,.; o . :v 3.2't Loc- I a
B 1 w_
al, II '__.t 1 CABIN I 1 1 z
ti`
SH
3.1'± r _ 1 ° , ° °L _ - -1 zz
FENCE COR. I SHED I I ° I i
w
0.7' S. OF LINE I z
5J — L—
a °
cont.1 O
FIP I GARAGE I ko al
a •
3lI
HELD) I I I I
6 1 _ I
LEGEND 3.3-
EAST 5 FT. VACATED ALLEY SMAC
IP FOUND IRON PIPE SMAC
FRRs
asph. N 800°27'59"E 52.00'
FOUND RAILROAD SPIKE ca--
aSMAG
SET MAG AND DISK (ABONMARCHE FIRM #50)
1. 1
asph. CONCRETE VACATION ORDINANCE mommC co-asph. ASPHALT 9469-03
INSTR #0408980
7,898.80 SQ.FT.
COr)RECORD DISTANCE 0.18 ACRES±)
CHAIN LINK FENCE 0 10 20 Z
O
El WOOD FENCE
IRON FENCE
SCALE: 1 =20'• Qp
PROPERTY ADDRESS: DATE OF FIELDWORK: 10/04/18 DATE: 10/22/18 N
131 S.CHAPIN ST.,SOUTH BEND,IN.46601
O
s FIELDBOOK: RBS 9,PG. 1 DRAWN
PROPERTY DESCRIPTION:
BY: CMR V
N
PART OF LOT 10 IN ANN THOMAS'SUBDIVISION OF REVIEWED BY: MJR SECTION: 1 1-T37N-R2E n
A PART OF BANK OUT LOT 74 OF THE 1ST. PLAT OF
e'
O
OUT LOTS OF THE CITY OF SOUTH BEND,IN. SCALE:1"=20' SHEET 1 OF 3
COPYRIGHT 2018-ABONMARCHE CONSULTANTS,INC.
IAbQNMARCME
750 Lincoln Way East Battle Creek Goshen
South Bend,IN.46601 Benton Harbor Hobart
T 574.232.8700 Manistee Lafayette
F 574.251.4440 South Haven South Bend
abonmarche.com Valparaiso
Engineering •Architecture•Land Surveying
RULE 12 BOUNDARY SURVEY
LEGAL DESCRIPTION: (PER DEED)
A LOT OR PARCEL OF LAND FIFTY-TWO (52) FEET IN WIDTH FRONTING ON SOUTH CHAPIN STREET,AND BEING A PART OF
LOT NUMBERED TEN (10) AS SHOWN ON THE PLAT OF ANN THOMAS'SUBDIVISION OF A PART OF BANK OUT LOT NUMBERED
SEVENTY-FOUR(74) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN,NOW CITY OF SOUTH BEND,PLATTED BY THE STATE BANK
OF INDIANA,WHICH PART IS BOUNDED BY A LINE RUNNING AS FOLLOWS:BEGINNING ON THE WEST LINE OF SOUTH
CHAPIN STREET AT A POINT 70 FEET SOUTH OF THE NORTHEAST CORNER OF SAID BANK OUT LOT NUMBERED SEVENTY-FOUR
74);THENCE RUNNING WEST 146.90 FEET TO A POINT 50 FEET EAST OF THE EAST LINE OF THE LOT NUMBERED TWENTY-NINE
29) IN ANN THOMAS'SUBDIVISION OF THE NORTHWEST PART OF SAID BANK OUT LOT NUMBERED SEVENTY-FOUR(74);
THENCE SOUTH 52 FEET;THENCE EAST TO THE WEST LINE OF CHAPIN STREET;THENCE NORTH 52 FEET TO THE PLACE OF
BEGINNING.
ALSO,THE EAST FIVE (5) FEET OF THE PRIVATE OR VACATED PUBLIC ALLY LYING WEST AND ADJACENT THE ABOVE
DESCRIPTION.
1
Filed in Clerk's Office
DEC 052018
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
w
9 t
I
LEC 03 2018
ARE, .I0
AOr ,f Ar
o 03
PROPERTY ADDRESS: DATE OF FIELDWORK: 10/04/18 DATE: 10/22/18
y 131 S.CHAPIN ST.,SOUTH BEND,IN.46601 Oo
a FIELDBOOK: RBS 9,PG. 1 DRAWN BY: CMR
e PROPERTY DESCRIPTION:
q PART OF LOT 10 IN ANN THOMAS'SUBDIVISION OF } REVIEWED BY: MJR SECTION: 11-T37N-R2E N
o A PART OF BANK OUT LOT 74 OF THE 1ST.PLAT OF N
OUT LOTS OF THE CITY OF SOUTH BEND,IN. SCALE:N/A SHEET 2 OF 3
COPYRIGHT2018-ABONMARCHECONSULTANTS,INC.
EIAbQNMAKCML
750 Lincoln Way East Battle Creek Goshen
South Bend,IN.46601 Benton Harbor Hobart
T 574.232.8700 Manistee Lafayette
F 574.251.4440 South Haven South Bend
abonmarche.com Valparaiso
Engineering •Architecture•Land Surveying
I 1
RULE 12 BOUNDARY SURVEY
SURVEYOR'S REPORT:
IN ACCORDANCE WITH TITLE 865.ARTICLE 1. 1,CHAPTER 12,OF THE INDIANA ADMINISTRATIVE CODE,THE FOLLOWING OBSERVATIONS AND
OPINIONS ARE SUBMITTED REGARDING THE VARIOUS UNCERTAINTIES IN THE LOCATIONS OF THE LINES AND CORNERS ESTABLISHED ON THIS
SURVEY AS RESULT OF:
A) AVAILABILITY AND CONDITION OF REFERENCE MONUMENTS;
B) OCCUPATION OR POSSESSION LINES;
C) CLARITY OR AMBIGUITY OF THE RECORD DESCRIPTION USED AND OF ADJOINERS'DESCRIPTIONS AND THE RELATIONSHIP OF THE LINES
OF THE SUBJECT TRACT WITH ADJOINERS'LINES;
D) THE RELATIVE POSITIONAL ACCURACY OF THE MEASUREMENTS. a -- • ---•----- " .—
CLIENT NAME:DONALD LINDER Filed in Clerk's C:..'
OWNERS OF RECORD:DEVISEES OF DELORES KWIECINSKI,DECEASED
TYPE OFSURVEY AND PURPOSE:RETRACEMENT SURVEY p
A) THE REFERENCE MONUMENTS USED AND HELD ARE AS SHOWN ON THE FACE OF THE SURVEY.
DEC O 5 2018
B) RIGHT-OF-WAYS,ROAD IMPROVEMENTS AND FENCES AS SHOWN. KAREEMAH FO VLER
C) AMBIGUITY OF RECORD DESCRIPTIONS:NONE CITY CLERK'SOUTH BEN —
D) THE CLASSIFICATION OF THIS SURVEY ISA SUBURBAN SURVEY: 0.13 FEET(40 MILLIMETERS)PLUS 100 PARTS PER MILLION.
THEORY OF LOCATION:
THE EAST AND WEST LINES OF THE SUBJECT PARCEL WERE ESTABLISHED BY SPLITTING THE EXISTING CURB ON CHAPIN STREET. THIS THEORY
AGREED WITH THE FOUND STEEL BAR AT THE SOUTHEAST CORNER OF THE SUBJECT TRACT. FROM SAID FOUND BAR AND PARALLEL WITH THE
BEFORE MENTIONED CURB. A RECORD DISTANCE WAS CALCULATED UP TO THE NORTHEAST CORNER OF ANN THOMAS SUB. THE NORTH AND
SOUTH LINES OF THE SUBJECT TRACT WERE CALCULATED PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION.
AS A RESULT OF THE ABOVE OBSERVATIONS,IT IS MY OPINION THAT THE UNCERTAINTIES IN THE LOCATIONS OF THE LINES AND CORNERS
ESTABLISHED ON THIS SURVEY ARE AS FOLLOWS:
DUE TO VARIANCES IN REFERENCE MONUMENTS: 0.5'N/S&2'E/W
DUE TO DISCREPANCIES IN THE RECORD DESCRIPTION:NONE
DUE TO INCONSISTENCIES IN LINES OF OCCUPATION:3'+/-
NOTES:
PLATS AND NOTES USED.
1. ABONMARCHE RECORDS
2. COUNTY GIS.
3. ADJOINING DEEDS
4. ANN THOMAS SUBDIVISION
1 5. SURVEY BY LEO WITUCKI DATED 10/22/42
rr1. A ROBOTIC TOTAL STATION AND GPS WERE USED TO COLLECT THE DATA FOR THE PROJECT. DSL O J ZO 8sc
THE FIELD WORK FOR THIS PROJECT WAS PERFORMED IN OCT.4TH 2018.4aTITLEWORKWASPROVIDEDBYMETROPOLITANTITLE4041-122373 U6
D BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM(INDIANA EAST)
l
a LAND SURVEYOR'S CERTIFICATE:
I, MICHAEL J. ROZYCKI, HEREBY CERTIFY THAT I AM A LAND SURVEYOR, LICENSED IN COMPLIANCE6. WITH THE LAWS OF THE STATE OF INDIANA,AND THAT THIS SURVEY WAS PERFORMED WHOLLY BY ORUNDERMYDIRECTIONONOCTOBER4,2018 AND TO THE BEST OF MY KNOWLEDGE AND BELIEF,WAS
EXECUTED ACCORDING TO THE SURVEY REQUIREMENTS IN TITLE 865, ARTICLE 1.1, CHAPTER 12, ``
111111ift//
SECTIONS 1 THROUGH 29 OF THE INDIANA ADMINISTRATIVE CODE(IAC). i//
e-\-
JJ. Rn ///,
I AFFIRM UNDER THE PENALTIES FOR PERJURY,THAT I HAVE TAKEN Q' ,%, ""',,,,`! '/,i
1 REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN V;
C,1STERFO's -'%
3 THIS DOCUMENT, UNLESS REQUIRED BY LAW. Z-.....LS20500010 =
v 23 f8
STATE OF 'W
tio SP's' zgMICHAELJ.ROZYCKI,PS DATE " I ,IIto•
STAOTEESSIONAL
OF
INDIANAND
SURVEYOR #20500010 u
rSU'
R\I \\`
o 03
PROPERTY ADDRESS: DATE OF FIELDWORK: 10/04/18 DATE: 10/22/18
131 S.CHAPIN ST.,SOUTH BEND,IN.46601
F EIDLBOOK: RBS 9,PG. 1
4
DRAWN BY: CMR V
03
y PROPERTY DESCRIPTION: 4 1
y PART OF LOT 10 IN ANN THOMAS'SUBDIVISION OFREVIEWED BY: MJR SECTION: 1 1 T37N R2E IV
d A PART OF BANK OUT LOT 74 OF THE 1ST.PLAT OF J7
o
OUT LOTS OF THE CITY OF SOUTH BEND,IN. SCALE:N/A SHEET 3 OF 3
COPYRIGHT 2018-ABONMARCHE CONSULTANTS.INC.
BILL NO. 22-19
Tim Scott
President
Karen VI-iite
Vice -President
John Voorde
Chairperson, Committee
of the X`hole
Tim Scott
First District
Regina Williams -Preston
Second District
City of South Bend
Common Council
441 Counq-Cin- Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601
July 17, 2019
South Bend Common Council
4`h Floor, County -City Building
South Bend, IN 46601
574) 235- 9321
Fax (574) 235-9173
TDD (574) 235-5567
http://Nv-\vw.sotithbendin.gov
Filed in Clerk's Office
JUL i72019
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
Re: AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA,
AMENDING THE SOUTH BEND MUNICIPAL CODE BY REPEALING CURRENT
CHAPTER 20, ARTICLE 13 AND THE INCLUSION OF NEW CHAPTER 20,
ARTICLE 13, ENTITLED "REGULATIONS ON THE USE OF HAND-HELD
MOBILE OR WIRELESS TELEPHONES, ELECTRONIC COMMUNICATIONS
DEVICES AND TELECOMMUNICATIONS DEVICES WHILE DRIVING"
Dear Council Members:
Sharon L. McBride As you know, the South Bend Municipal Code prohibits the use of many hand-held
Third District communication devices by drivers in school zones. Many studies, however, have
determined that the problem with distracted driving, together with resultant property
Jo M. Broden damage and personal injuries, is not limited to school zones, but exists on virtually
Fourth District every roadway.
Jake Teshka This proposed ordinance repeals the current ordinance and, in its place, expands the
Fifth District regulations on the use of hand-held communication devices while driving on all
Oliver Davis roadways in South Bend. The proposed ordinance also creates very limited exceptions,
Sixth District primarily for police, fire and other first responders acting within the course and scope of
their employment.
Gavin Ferlic
At Large Distracted driving is a danger to everyone in the community, be it the distracted driver
himself, other motorists using the roadway, pedestrians and all who are connected to
John Voorde anyone injured or killed. This proposed ordinance is a step in the right direction and
At Large within the jurisdiction of the Common Council to reduce distracted driving.
Karen DUhite
I am requesting that this proposed ordinance be given first reading at the CouncilAtLarge
meeting on July 22, 2019 with the public hearing and second and third readings at the
following meeting.
I appreciate your support.
Sincerely Yours,
Gavin Ferlic, South Bend Common Council Member at -Large.
BILL NO. 24-19
BILL NO. 24-19
ORDINANCE NO.
Filed in Clerk's Office
JUL i7 2019
KAREEMAH FOWLER
CITY CLERK, SOUTH READ, IN
AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA,
AMENDING THE SOUTH BEND MUNICIPAL CODE BY REPEALING CURRENT
CHAPTER 20, ARTICLE 13 AND THE INCLUSION OF NEW CHAPTER 20, ARTICLE 13,
ENTITLED "REGULATIONS ON THE USE OF HAND-HELD MOBILE OR WIRELESS
TELEPHONES, ELECTRONIC COMMUNICATIONS DEVICES AND
TELECOMMUNICATIONS DEVICES WHILE DRIVING"
STATEMENT OF PURPOSE AND INTENT
The current version of Chapter 20, Article 13 of the South Bend Municipal Code
prohibits the use of certain hand-held communication devices only in school zones. Subsequent
data has made it clear that distracted driving through use of hand-held communication devices
has increased accidents resulting in personal injuries and property damages on all types of
roadways, not just in school zones. Indiana Code 9-21-1-2 provides local authorities, with the
right to adopt, by ordinance, traffic regulations with respect to highways under the local
authority's jurisdiction, as long as the ordinance does not conflict with, or duplicate, a statute.
This ordinance does not conflict with or duplicate a statute and is designed to reduce the number
of motor vehicle accidents caused by distracted driving by expanding the prohibition on the use
of hand-held communication devices while driving on any roadway within the City of South
Bend.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
Section I. Chapter 20, Article 13 is hereby amended to read in its entirety as follows:
ARTICLE 13.- REGULATIONS ON THE USE OF HAND-HELD MOBILE OR WIRELESS
TELEPHONES, ELECTRONIC COMMUNICATIONS DEVICES
ANDTELECOMMUNICATIONS DEVICES WHILE DRIVING
Sec. 20-130. - Definitions.
In this article:
1) Electronic communications device, except as provided in subsection (h), means any of
the following:
a) A broadband personal communications device.
b) A gaming system or device capable of displaying games.
c) A handheld device, laptop computer, or tablet computer
with mobile data access.
d) A pager or two-way messaging device.
e) A personal digital assistant.
f) A mobile or wireless telephone.
g) The functional equivalent or successor to any device listed
in subdivisions (a) through (f).
h) The term does not include the following:
1) Amateur radio equipment that is being operated by a
person licensed as an amateur radio operator by the Federal
Communications Commission under 47 CFR Part 97.
2) A communications system installed in a commercial motor
vehicle weighing more than ten thousand (10,000) pounds.
2) Engaging in a call means talking into, dialing or listening on a hand-held mobile or
wireless telephone, but does not include holding a mobile telephone to activate or
deactivate the telephone by pressing not more than one (1) button to initiate or terminate
a voice communication or other transmission described in this article.
3) Hand-held mobile telephone means a mobile or wireless telephone with which a user
engages in a call using at least one hand (or prosthetic device or aid in the case of a
physically disabled person).
4) Hands-free mobile telephone means a mobile or wireless telephone that has an internal
feature or function or that is equipped with an attachment or addition, whether or not
permanently part of the mobile or wireless telephone, by which a user engages in a call
without the use of either hand (or prosthetic device or aid in the case of a physically
disabled person) whether or not the use of either hand (or prosthetic device) is necessary
to activate or deactivate the mobile telephone.
5) Mobile communication device means a text -messaging device or other electronic, two-
way communication device that is designed to receive and transmit voice communication,
text communication, or both. The term includes a mobile telephone and a personal digital
assistant (PDA).
6) Mobile telephone means a device used by subscribers and other users ofwireless telephone
service to access such service.
7) School crossing zone means a part of a roadway distinctly indicated for crossing by
children on the way to or from school by lines or other markings on the surface of the
roadway or by signs as addressed by Indiana Code §9-13-2-161.5.
8) Text message means a two-way communication (whether real-time or asynchronous) in
which data (composed in whole or in part of text, numbers, images or symbols) is sent,
entered or received by a method other than by voice and transmitted through either a short
message service (SMS) or a computer network. The term includes electronic or e-mails.
The term does not include a communication transmitted through a global positioning or
navigation system.
9) Telecommunications device means an electronic or digital telecommunications device or
digital telecommunications device as addressed in Indiana Code §9-13-2-177.3 and
includes hand-held mobile or wireless telephones and mobile communication devices.
10) Wireless telephone means a device used by subscribers and other users of wireless
telephone service to access such service.
11) Wireless telephone service means two-way, real time voice telecommunications service
that is interconnected to a public switched telephone network and is commonly referred
to as cellular service or personal communication service.
Sec. 20-131. - Drivers prohibited from using hand-held mobile or wireless telephones, mobile
communication devices and telecommunication devices while driving.
1) Except as provided in Sec. 20-132, a person may not:
a) hold or handle an electronic communications device;
b) participate in text messaging; or
c) view, record, or broadcast images or video;
while operating a moving motor vehicle.
2) An operator of a motor vehicle who holds a mobile telephone or telecommunications device
or an electronic communications device to or in the immediate proximity of his or her ear
while the vehicle is in motion is presumed to be engaging in a call under this article. Immediate
proximity is any distance that permits the user of a mobile telephone or telecommunication
device to hear telecommunications transmitted over the telephone or device and does not
require physical contact with the user's ear.
Sec. 20-132. - Limited exceptions.
Section 20-131 does not apply to the following:
1) A law enforcement officer who is operating within the scope of the officer's employment,
including while the law enforcement officer is:
A) working in a plainclothes capacity;
B) working in an undercover capacity; or
C) responding to an emergency.
2) A firefighter, emergency medical technician (EMT), paramedic, other first responder or
other emergency personnel while acting within the scope of their employment and while
responding to an emergency.
3) A driver using an electronic communications device for the sole purpose of communicating
with emergency personnel or law enforcement regarding an emergency.
4) A driver using an electronic communications device by means of hands free or voice
operated technology, including by:
A) use of a headset or earpiece to conduct a voice communication;
B) use of a device that is:
i) designed to be worn on the wrist; and
ii) capable of being used to conduct hands free voice communication;
C) use of technology that uses voice recognition to convert a voice communication into
text for purposes oftransmission as a text message, electronic mail message, or other electronic
data; if the device requires the driver to press not more than one (1) button to initiate or terminate
a voice communication or transmission described in this subdivision.
4) A driver using an electronic communications device while parked on the shoulder of a public
highway.
5) A driver using an electronic communications device when:
A) the vehicle is not in motion; and
B) the vehicle's transmission is in "park".
6) A driver using:
A) a navigation or global positioning feature of an electronic communications device; or
B) a fixed device that is designed to continuously record or broadcast video from within
or outside a motor vehicle; without holding or handling the device.
7) A driver using a manufacturer installed system that is embedded or integrated into the
vehicle.
See. 20-133. - Violations and penalties.
1) Any person violating any provisions of this article shall be issued a citation and be subject
to the following fines:
a) Seventy-five dollars ($75.00) for the first violation;
b) One hundred twenty-five dollars ($125.00) for the second violation;
c) Two hundred fifty dollars ($250.00) for all subsequent violations.
However, if a person is violating any provisions of this article in a school crossing zone, the
citation shall automatically result in a fine of two hundred fifty dollars ($250.00).
2) Any person issued a citation for violating any provision of this article shall make payment
through the Ordinance Violations Bureau. Failure to make payment within thirty (30) days of
the issuance of the citation shall result in the assessment of a late fee of fifty dollars ($50.00).
3) Each violation of this article shall constitute a separate offense.
Sec. 20-134. - Deposit of fine monies into Police Department Training Fund.
1) All monies collected and retained by the City for violation of this article shall be deposited
into the Police Department Training Fund (Fund #220). Such monies shall be used solely for
the purposes designated for such fund. All interest earned on the monies deposited in Fund
220 shall not revert to the General Fund.
2) The Department of Administration and Finance shall send monthly written reports to the
Office of the City Clerk detailing the amount of money collected and the amount of interest
earned, with such reporting being filed no later than the last business day of each month.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
Section I. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval of 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 . in.
m.
Kareemah N. Fowler, City Clerk
Office ofthe City Clerk
Approved and signed by me on the day of , 2019, at o'clock
Pete Buttigieg, Mayor
City of South Bend, Indiana
BILL NO. 25-19
p3TH, r
I222 S.MICHIGAN STREET 1 V d j PHONE 574' 23 5-925 5
SOUTH BEND,INDIANA 46601-2821 Fax 574 235- 9305
41
1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
SOUTH BEND FIRE DEPARTMENT
STEPHEN F. Cox
FIRE CHIEF Filed in Clerk's Office
July 30, 2019 AUG 05 2019
President Tim Scott 1G REE,o,ql•f FOWLER
South Bend Common Council CITY CLERK,SOUTH BEND, IN
Suite 441 S
County-City Building
South bend,IN 46601
President Scott,
I am respectfully requesting the South Bend Common Council consider my recommendation to
increase the Ambulance User Fees charged by the South Bend Fire Department.As required by The South
Bend Municipal Code, Chapter 9,Article 3, Section 9-18, I have provided the required 2019 Annual
Review ofUser Fees with the recommendation for an increase that reflects the increase in reimbursement
amounts allowed by Medicare.These amounts are current to this year.As I have stated in the past,
Medicare typically adjusts this reimbursement allowance at least annually,which usually includes an
increase in the rate of reimbursement. If adjustments are not made to our user fees periodically,we are
unable to take advantage of Medicare's reimbursement increases.
This ordinance also includes a provision for self-effectuating annual fee increases based on
Medicare or similar federal or state annual rate adjustments. I recommend adoption of this self-
effectuating provision because Medicare and similar rates provide a reliable,pre-approved standard for
reasonableness and relationship of cost to service.Additionally,there is a provision to recover fees for
services provided by a paramedic intercept vehicle.The SBFD recently put into service a paramedic
intercept concept by which a lead paramedic is called to provide advanced life support services to the
most critical patients.
I appreciate your consideration in this matter. I look forward to presenting the ordinance to
Council at your committee and regular meetings.
Sincerely,
Stphe F. Cox
Fire Chief
MICHAEL J.DAMIANO TODD L.SKWARCAN ANDREWJ.MYER JOHN COIYTHIER FEDERICO RODRIGUEZ, JR
ASST.CHIEF OPERATIONS ASST.CHIEF SERVICES ASST.CHIEF EMS ASST.CHIEF TRAINING FIRE MARSHAL.
BILL NO. 26-19
Filed in Clerk's Office
BILL NO. 26-19 AUG 05 2019
KORDINANCENO.
ARE FOWLER
CITY CLERK,SOUTH BEND,IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING SECTION 9-16 OF CHAPTER 9,ARTICLE 3, OF THE SOUTH
BEND MUNICIPAL CODE TO ADDRESS AMBULANCE/MEDICAL SERVICE FEES
STATEMENT OF PURPOSE AND INTENT
Since 1981,the City of South Bend, Indiana has codified the regulation of ambulance and
medical user fees into the South Bend Municipal Code. South Bend's current ambulance and
medical user fees took effect on June 27, 2016 (Ordinance No. 10444-16).
The South Bend Fire Administration has regularly reported to the Common Council its
ambulance service activity pursuant to Chapter 9, Section 9-18 of the South Bend Municipal
Code, and has provided its recommendation regarding adjustment of user fees. The Fire Chief's
most recent report was submitted to the South Bend Common Council on May 31, 2019.
The City's ambulance and medical user fees have remained unchanged for over three
years but based on its recent survey of these fees and charges, and due to increased costs to the
City for personnel training and necessary medical supplies, it is recommended that ambulance
and medical user fees be adjusted consistent with the 2019 Medicare Fee Schedule. To help
recover the costs and expenses of the Fire Department paramedic branch in providing ambulance
and emergency medical services, an adjustment is required of the current rates.
It is also necessary to add and define a new category of ambulance and medical user fee
for "paramedic intercept" services which are now reimbursed by Medicare. Such services are
provided when paramedic support is rendered to an advanced life support non-paramedic
ambulance in order to give a higher level of service to a patient in need of paramedic care.
It is further recommended by the Fire Administration that hereafter the South Bend Fire
Chief be authorized to adjust these user fees once annually and automatically by the same
percentage rate as any adjustments made to the Medicare Fee Schedule rates, with notice to the
City Clerk after which such new rates will take effect. These changes are reasonable,
appropriate, based on the cost of service as reasonably determined by Medicare, and in the best
interests of the City of South Bend.
NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. Chapter 9, Article 3, Section 9-16 of the South Bend Municipal Code shall be
amended to read in its entirety as follows:
Sec. 9-16. Ambulance/medical user fee--Established.
a) The following user fee schedule shall be charged for all ambulance/medical services provided by
the City through its paramedic branch ofthe Fire Department:
Resident Non- Resident Non-ResidentResident
1)Basic Life Support(BLS Non- 9 128.51 331.82 470.74Emergency)
2)Basic Life Support(BLS Emergency) 515.19 686760 530.91 753.18
3)Advanced Life Support(ALS Non- 386.63 514.20 398.18 564.89Emergency)
4)Advanced Life Support--Emergency 6 84-446 630.45 894.40ALS-1 Emergency)
5)Advanced Life Support(ALS-2 1,178.39 912.50 1,294.53
Emergency
6)Paramedic Intercept(PI) 580.68 823.79
7)Mileage,Basic(Within City Limits) 12.66 12.66 12.66 12.66perpatientmiles,minimum one(1)mile)
8)Mileage,Rural(per patient miles, 19.16 19.16 19.16 19.16minimumone(1)mile)
9)Non-Transport Medical Calls 150.00 200.00 200.00 200.00
10) Specialized Care(AO 434) 1,047.09 1,392.63 1,078.41 1,529.90
b) The above fees shall be charged per patient run occurrence; however, when ambulance/medical
services are provided for a patient using a private ambulance, the mileage fee shall not be
charged; and further provided that when more than two (2) members of an immediate family
residing at the same address are transported per incident, the basic fee, mileage fee, and
emergency fee shall only be billed for two(2)persons.
c) Non-resident: Is defined as a person whose primary residence at the time of the service is outside
the corporate boundaries of the City of South Bend,Indiana.
d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically
necessary supplies and services, plus the provision of BLS ambulance services. The ambulance
must be staffed by an individual who is qualified in accordance with State and local laws as an
Emergency Medical Technician(EMT)1.
1 ALS 1,ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations,
Chapter IV, §414.605 entitled"Fee Schedule for Ambulance Services".
e) Advanced Life Support, Level 1 (ALS1): Means transportation by ground ambulance vehicles,
medically necessary supplies and services and either an ALS assessment by ALS personnel or the
provision ofat least one ALS intervention.
f) Advance Life Support, Level 2 (ALS2): Means either transportation by ground ambulance
vehicle, medically necessary supplies and services, and the administration of at least three (3)
medications by intravenous pus/bolus or by continuous infusion excluding crystalloid, hypotonic,
isotonic, and hypertonic solutions (Dextrose, Normal Saline, Ringer's Lactate); or transportation,
medically necessary supplies and services,and the provision of at least one(1)of the following:
1) Manual defibrillation/cardioversion
2) Endotracheal intubation
3) Central venous line
4) Cardiac pacing
5) Chest decompression
6) Surgical airway
7) Intraosseous line
g) Non-Transport Medical Calls: Means a response to a medical emergency call by ambulance
vehicle and the administration of ALS skills upon or medication given to a patient who then
refuses transport to the hospital.
h) Paramedic Intercept Services: Means the rendering of lead paramedic advanced life support
ALS) services, Level 1 or Level 2 during ambulance transport when the patient needs lead
paramedic ALS service that the transporting ambulance is unable to provide. The lead paramedic
is dispatched to meet the transport ambulance to provide the necessary lead paramedic-services.
h) f Mileage, Rural, shall apply to vehicle runs made to areas in zones or zip codes designated as rural
by Medicare and the U.S.Department of Health and Human Services in its Medicare regulations.
j)The above fees shall take effect on August 1,2016 September 1,2019.
k) Hereafter, and in the event Medicare or other federal or State health care regulations require or
allow an adjustment to ambulance/medical user fees, the South Bend Fire Chief is authorized to
and may amend once annually the user fees set out in subpart (a) of this Section by the same
percentage as the Medicare Fee Schedule rates for such services have been adjusted. This
adjustment shall be effective on the calendar date immediately following the date on which
written notice of said fee rate adjustment is filed in the office of the City Clerk. At the time such
notice is filed,a copy of the new rates shall be made available in paper form for public viewing in
the South Bend Central Fire Station, and such new rates shall also be published promptly on the
City's web site.
Section II. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, and any publication required by law, or by
September 1, 2019, whichever is later.
Tim Scott, Council President
South Bend Common Council
Attest:
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.
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
Filed in Clerk's Office
BILL NO.27-19 AUG 0.7 ZU19
KAREEMAH FOWLER
ORDINANCE NO. CRY CLERK, SOUTH BEND,IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA,AMENDING CHAPTER 2,ARTICLE 1,OF THE SOUTH
BEND MUNICIPAL CODE OF BY THE INCLUSION OF NEW DIVISION I
ENTITLED YOUTH ADVISORY COUNCIL
STATEMENT OF PURPOSE AND INTENT
On April 14, 2003 the South Bend Common Council passed Ordinance No. 9414-03
which created the Youth Advisory Council. That ordinance has been codified as Division 1 of
Article 1 of Chapter 2 of the South Bend Municipal Code. The ordinance created a mechanism
for youth to provide input and become involved in the civic process so both youth and the city
can benefit. It also provides opportunities for close engagement between Common Council
Members,members of the City Administration, City agencies,boards, and commissions.
Strong neighborhood organizations are the building blocks of our local democracy. One
strategy for creating healthier neighborhoods is "community organizing to motivate action,
bringing people together to work collectively to improve neighborhoods."While there are
individuals who demonstrate passion for improving the quality of life in their neighborhoods,
many do not have the skills to effectively organize, lead, and sustain momentum to catalyze
change.
The NRC and the City have committed to collaborating to ensure we are rebuilding the
base of our local democracy through civic leadership education. Resident capacity to organize
and communicate effectively with their government is critical to ensuring inclusive,
representative civic voice. There are many issues in city government, in the South Bend
community, and in its many neighborhoods that may be of interest to youth; such topics may
include, but are not limited to, violence, educational and recreational opportunities,
employment,homelessness, and climate change.
The Youth Advisory Council would provide a means for youth to positively connect
with city government, explore local social justice and policy issues, and think critically about
their role in potential policy and community development solutions through exploration of the
arts and community-based research pedagogies developed in partnership by the NRC and the
University of Notre Dame through their longstanding Engaging Youth, Engaging
Neighborhoods program.
City government can directly benefit from the input of the youth in our community by
developing a concept of positive youth involvement and providing an educational partnership
with schools and other youth serving community-based organizations in the City of South Bend,
Indiana.
1
BILL NO. 27-19
The following regulations are believed to enhance and improve the overall operations and
sustainability of the City of South Bend's Youth Advisory Council through collaboration with
the NRC. This ordinance is aimed at streamlining many of the provisions of the current
ordinance so that the Council can be more effective.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS:
Section I.The Common Council ofthe City of South Bend, Indiana,hereby amends Chapter 2,
Article 1 of the Municipal Code ofSouth Bend by the inclusion of the new Division I which
shall read in its entirety as follows:
DIVISION I. YOUTH ADVISORY COUNCIL.
Section II.
SEC. 2-12.1.1 YOUTH ADVISORY COUNCIL CREATED-PURPOSE.
a) A Youth Advisory Council is created for those of high school age grades 10-12.
A Youth Advisory Council is established to enhance citizenship skills and to serve the best
interests of youth in the City of South Bend, Indiana.
b) A Junior Youth Advisory Council,under the supervision ofthe Youth Advisory
Council, to foster citizenship skills of youth of intermediate center age. The Youth Advisory
Council would be required to prepare and file proper legislation for Common Council
consideration, when it has determined that the Junior Youth Advisory Council should be
created. Such Junior Youth Advisory Council would be representative of all public and private
intermediate centers operating within the City of South Bend, Indiana.
SEC. 2-12.1.2 MEMBERSHIP OF THE YOUTH ADVISORY COUNCIL.
The Youth Advisory Council shall be composed of eleven (11) to twenty (20) new
members per cohort. Membership shall represent the rich diversity of the city's youth
regarding gender,race,ethnic, socio-economic, and religious backgrounds. Youth Council
Advisory Council Members shall include:
a) At least one (1) Youth Member shall be appointed to represent each of the six (6)
Councilmanic Districts.
b) Upon passage of this ordinance, the Office of the City Clerk shall see that the
Application Form" for the Youth Advisory Council is able to be downloaded
from the city website and shall also provide to each Council Member and make
2
available to the public the Mayor, and each High School Principal, Youth
Advisory Council application forms which shall be completed by youth
interested for consideration on the Youth Advisory Council. The Office ofthe
City Clerk shall see that information on the activities of the Youth Advisory
Council are kept updated on the City's interne website. Hard-copy application
forms shall be available and kept on file in the Office of the City Clerk during
regular business hours. Additionally, applications forms shall be made
available on the City's website http//www.southbendin.gov on a 24/7 basis.
1) All youth interested in consideration shall obtain and complete in its entirety an
application form and file it,along with two(2)written references from non-related
adults, with the Office ofthe City Clerk.
2) The Office of the City Clerk, by the application deadline, shall assimilate all
information and timely distribute copies ofall applications and references to the
appropriate offices for consideration.
3) Each District Common Council Member shall review all applications received
from the Office of the City Clerk requesting consideration for appointment as the
District Youth Council Member. All youth interested in representing a
Councilmanic District must be a resident of the City of South Bend, Indiana.
4) The Community Relations Committee Chair shall appoint an application review
board comprised of Common Council, City Clerk, City administration, and NRC
representative(s) and Youth Advisory Council Alumni members, Application
Review Board members shall review all applications received from the Office of
the City Clerk requesting consideration for appointment as a Youth Advisory
Council Member. All youth interested in serving as a Youth Advisory Council
member must be a resident of the City of South Bend and must represent the rich
diversity of the community.
5) All Youth Advisory Council applications must be submitted by the end of
September each year.
6) Council's Community Relations Committee shall appoint youth mentors of
college and/or graduate school age who will provide assistance and guidance
throughout the year to the Youth Advisory Council Members. The youth mentors
shall interface with the legislative, administrative and educational liaisons
identified in Sec. 2-12.1.5.
3
SEC. 2-12.1.3 OFFICERS AND TERMS OF OFFICE OF THE
YOUTH ADVISORY COUNCIL.
a) The Youth Advisory Council shall call an organizational meeting to select a
Chairperson, Vice-Chairperson and Recording Secretary.
b) The selected recording secretary, shall provide a listing of all Youth Advisory
Council members by name, address, telephone number, email address, school, and year of
education shall be submitted to the Office of the City Clerk by email for distribution to the
Common Council, the city administration, School Superintendents and the Principal of each
high school., the Neighborhood Resources Connection.
c) Terms of office of Youth Advisory Council members shall be for one(1) year, with
reappointments of the same youth member permitted for one(1) additional year.
d) The Youth Advisory Council shall maintain a record of their meetings. Such meeting
minutes shall be submitted to the Office of the City Clerk by email by the elected recording
secretary.
SEC. 2-12.1.4 DUTIES OF YOUTH ADVISORY COUNCIL MEMBERS.
a) Each Youth Advisory Council Member shall be required to attend meetings ofthe
Youth Advisory Council, with three (3) excused absence permitted each year.
b) Each Youth Advisory Council Member shall be required to attend not less than
two (2) committee meetings of any Standing Committee of the South Bend Common Council,
one (1) neighborhood association meeting, and one (1) school board meeting by the end of
December of each year.
c) Each Youth Advisory Council Member shall be required to attend the 2nd
Common Council meeting in January where the Mayor presents his or her annual State of the
City Address.
d) Each Youth Advisory Council Member shall participate in the annual "Civic
Day" activities occurring in February at the County-City Building, and other planned social or
political action events.
e) The Youth Advisory Council may monitor other city boards and
commissions for issues related to youth and make recommendations for such boards or
4
commissions consideration when deemed appropriate.
SEC. 2-12. 1.5 INITIATIVES, RESPONSIBILITIES AND GOALS TO BE
ADDRESSED BY MEMBERS.
a) The Youth Advisory Council may develop:
a) Mission Statement;
b) Committee structure if deemed necessary;
c) Composite of the youth in the high school or district he or she is representing;
d) Newsletters and other means of community with youth in the city;
e) Grant proposals;
f) Initiatives and Goals to be addressed, including but not limited to:
a. Leadership opportunities;
b. Civic responsibilities;
c. Arts &Activism;
d. Educational opportunities;
e. Youth perspectives on local issues;
f. Creating a means of formal communication between city officials and youth
in our community;
g. Creating a model for youth involvement; and
h. Partnering with local, state, federal, and international organizations which
focus on youth involvement and development.
i. Indicators of measuring success.
b) The Youth Advisory Council shall make recommendations to enhance participation of youth
throughout the community,to improve communications with school and governmental entities,
and to improve employment opportunities for youth in the community.
c) The Youth Advisory Council shall provide an annual report of its activities, initiatives and
objectives.
5
d) At the first Common Council meeting of each year, the Youth Advisory Council shall address
the Common Council under the "Special Business" portion to provide an annual report of its
activities, initiatives and objectives.
SEC. 2-12.1.6 LIAISONS TO THE YOUTH ADVISORY COUNCIL.
a) The Chairperson of the Common Council's Community Relations
Committee shall be the legislative liaison to the Youth Advisory Council
and be available for mentoring duties.
b) The City Administration shall designate a point of contact as a liaison to
the Youth Advisory Council and be available for mentoring duties.
c) The Neighborhood Resources Corporation shall designate a point a
contact as a program coordinator to the Youth Advisory Council to be
responsible for coordinating programming duties.
Section III. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor and media publication.
Tim Scott,Council President
South Bend Common Council
Attest:
South Bend 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.
South Bend City Clerk
Approved and signed by me on the day of 2019,at o'clock
m.
Pete Buttigieg,Mayor
City of South Bend, Indiana
6
NRC director,
engagment director,
mayor office rep,
city clerk,council,
Sept 9-Sept 13 Past member of
YAC
Council reviews
applications send
approved canidates - selection C•mm,rr.•
to NRC by the 13 Final vote for
Youth
AdivosryCouncil Saturday Retreat
End of-
Appiications Applications Module: the Year
open send from GalaCommunityGala
Council to Module: Organizing& Module,
NRC Civic Civic Engagment ox Ci[y
1.First class: LeadershipFirstreadingCouncil
from council reviews c•xpectuuons, 1l I 4 2dassIappsSept,1a rntorrnuuort, 1 2ctasses
Ir
2classes
htiroth cnnnr, oat,a
Ip
Aug.27 I Sep.13 I Jan,9 I MI S I April,25
i__,___Alit..._11L: 411/1• 1Au12Sept,16 Sept,26 Oct.24
Nov,7 Jan,23 Mar,19
Aug I .Sept S•pt.19 Oct19 Nov_ Pec Jan Fch Mar aura aiMrAug,26 leISept6Sept,17 Announce 1 Feb,6 month of
public hearing youth Nov.21 Dec,19 Feb,20 end'
council Empowerment
Aug 27-Sept6 Sept 16& ' Aummn zdaIcesAAPril,2
Swearing In.Applications 17 3classes I Module:
open NRC I I GALA
reviews Module: Module: Preparation
through
Arts in Civic policy Research9Letters/calls,list Voice a writing,
approved ' to school for Activism Consensus
applications announcements Building
Between September 26th and Modules
April 25th, there will be a total Civic Leadership- 2 classes
Of 16 classes-Arts in Civic Voice&Activism- 3 classes
Community organizing&Civic Engagement- 2 classes Filed in Clerk's OfficePolicyResearch&Writing,and Consensus Building- 2 classes
Box City- 3 classes
Important Dates Gala Preparation- 3 classes AUG 0 7 2019
School starts-August 16th
Thanksgiving break-November 21St-24th
Winter break-December 24th-Janurary 7'n KAREl=i3H FOWLER
Spring break-April 1St-5t CITY CLERK,SOUTH SEND, IN
Last day of school-June 5'h
Summer 2019;August Project Lead (s)
Finalize curriculum, program schedule,and NRC, EET
syllabus
Develop Marketing&Recruitment NRC,EET
Review last revision of ordinance Council,Clerk
Public hearing for ordinance Council,Clerk
Applications open,send out nominee letter, Clerk, NRC, EET,
send information to schools for recruitment
Fall 2019; September Project Lead (s)
Close applications,council reviews Clerk,Council
applications
Gather approved applications from NRC, EET
council/clerk and review
Send referral form to interested applicants EET, NRC
Collaborate final vote from applicants Clerk, NRC, Council, EET, ND
staff, ND Youth Mentor,
Mayors office
Inform applicants on admissions status Clerk,Council, EET
Projected FIRST CLASS;expectations,curriculum EET, NRC
packet, parent signature forms, handbook,
Timeline introductions
Fall 2019; October-November Project Lead (s)
Team building youth retreat NRC, EET
Official swearing in at Empowerment Summit Mayor,Clerk,Council
YAC Fall Classroom Modules
Civic Leadership
Arts in Civic Voice&Activism
Winter 2019; December-February Project Lead (s)
YAC Winter Classroom Modules
Community Organizing&Civic Engagement
Policy Research&Writing,and Consensus
Building
Spring 2020; March-April Project Lead (s)
YAC Spring Classroom Modules
Box City
Gala Prep
Social action project
Host gala
Evaluate program,set fundraising goals,next
steps to new year
Youth Advisory Council
South Bend, Indiana
Application
1. Complete and submit this application online or download and mail or deliver to:
Office of the City Clerk
4th Floor County-City
Building South Bend,
Indiana 46601
2. Obtain your parent or guardian's signature to participate.
3. Your completed application and written nomination letters from two (2) adults
unrelated to the applicant must be postmarked no later than Friday, September 6th,
2019
Student Name: Age: Gender: M_ F
Name of High School: Grade: GPA:
Residential Address:Zip:
Student Telephone:
Student Email:
Please check which applies to you:
I have my own transportation to and from Youth Advisory Council (YAC)
meetings.
I will be able to use public transportation to attend YAC
meetings. Please check which applies to you: (You may select more
than one(1) category)
Filed in Clerk's Office
ASU 0.71U19
KAREEMAH FOWLER 8
CITY CLERK.SOUTH BEND,IN
1. Explain why you would like to serve on the City of South Bend's Youth Advisory
Council.
2. What are thethree (3) most important issues which you believe face youth living in
our community.
A.
B.
C.
9
3. Select one (1) of your important issues and briefly describe your proposed ideas to
address it:
10
4. List any extra-curricular activities in which you are involved during the current year, including but not limited
to part-time employment, community volunteering, faith-based activities, athletics, high school activities, etc.
5. What do you believe are your strongest personal skills which would make an effective Youth Member of the
Youth Advisory Council for the City of South Bend?
6. What are some personal skills which you would like to be enhanced from this experience?
7. List the name, address & phone number of your two (2) adult references unrelated to you. (at least one teacher
nomination is requested)
11
enefits of being on Youth Council
Highlight experiences for college admissions and post-secondary education
Scholarship qualification upon program completion and HS diploma receipt
Increase knowledge of local government
Engagement with city officials
Raise awareness on youth issues
Play a role in the decisions that affect the youth
Build social network in the city
Develop transferable leadership skills
I have completed this application with accurate information and wish to have it considered for a Youth
Member position on the Youth Advisory Council ofthe City of South Bend, Indiana. If selected, I will make
the necessary personal and time commitments necessary to serve the youth of our community.
Youth signature Date
Parent/Legal Guardian Permission/Release:
I give my permission for my son/daughter to seek the position ofa Youth Member to the Youth Advisory
Council ofthe City ofSouth Bend, Indiana. Ifselected, I will make sure that my son/daughter will make
the necessary personal and time commitments necessary to serve the youth ofour community. Ifurther
understand that as a member ofthe Youth Advisory Council my son/daughter may have photos,film,
digital imaging, videos, verbal and written statements ofhis or her likeness forpromotional, web usage
or other uses associated with the Youth Advisory Council. To that end, Igrantpermissionfor such usage.
Parent/Legal Guardian signature Date
12
LAWRENCE P. MAGLIOZZI
EXECUTIVE 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
August 6, 2019
Filed in Clerk's Office
Honorable Common Council
4th Floor, County-City Building AUG 06 2019SouthBend, IN 46601
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
RE: 3423 Michigan Street
Special Exception Use
Dear Council Members:
Enclosed is a Resolution for the proposed Special Exception Use for a Child Care Center at the
above referenced location. Please include the attached Resolution on the Council agenda for
unfinished business at your August 12th, 2019 Council meeting and set it for public hearing at
your August 26th,2019 Council meeting. The petition is tentatively scheduled for public hearing
at the August 14th,2019 Area Plan Commission meeting.The recommendation ofthe 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.
S. erely,
Jo an Wyatt
P1 nner
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.STIOSEPHCOUNTYINDIANA.COM/A R E A P L A N
BILL NO. 19-50 DISTRICT NO. 6
(Councilmmebr Oliver J. Davis)
Filed in Clerk's Office
AUG 0 6 2019
RESOLUTION NO.
KAREEMIAH FOWLER
CITY CLERK,SOUTH BEND,IN
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING A PETITION OF
THE AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
3423 MICHIGAN 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:
3423 MICHIGAN STREET
In order to permit a child care center.
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 ofthe City Clerk.
SECTION III. The Common Council ofthe 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. 19-50
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