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11-26-12 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, NOVEMBER 26, 2012 7 : 00 P.M. 1. INVOCATION - FATHER DAVE PORTERFIELD 2. PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 38-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA, 46619, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 62-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USER FEES AND DEDICATED FUND 8 . BILLS, THIRD READING TIME: BILL NO. 38-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA, 46619, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 62-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF. THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USER FEES AND DEDICATED FUND 9. RESOLUTIONS BILL NO. 12-84 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3300 N. KENMORE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EW MARINE, INC. DBA INDIANA ROTOMOLDING, INC. 12-85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RENEWING AND EXTENDING THE TERM OF THE SOUTH BEND URBAN ENTERPRISE ZONE 12-87 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A FIVE YEAR INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND ST. JOSEPH COUNTY, INDIANA FOR EMS SERVICES DURING CALENDAR YEARS 2013 - 2017 12-88 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING INTERLOCAL AGREEMENT MUTUAL AID BOX ALARM SYSTEM 10. BILLS, FIRST READING BILL NO. 63-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 104 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING "SIX COUNCILMANIC DISTRICTS" 64-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5, ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES; VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE 65-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 ARTICLE 4, SECTION 4-35 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MASSAGE ESTABLISHMENTS AND MASSAGE THERAPY 66-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING MARTIN LUTHER KING, JR. (MLK) DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2, ARTICLE 8, SECTION 2-121 OF THE SOUTH BEND MUNICIPAL CODE 67-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2012 68-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2012 OF $690, 000 FROM GENERAL FUND (#101) , $100, 000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220) , $730,250 FROM EMS CAPITAL FUND (#288) , $20, 000 FROM INDIANA RIVER RESCUE FUND (#291) , $66, 000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND (#299) , $1, 799, 113 FROM MAJOR MOVES FUND (#412) AND $1, 500, 000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711) 69-12 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2012 OF $242, 500 FROM SOLID WASTE FUND (#610) 11. UNFINISHED BUSINESS A. REPORT FROM AREA BOARD OF ZONING APPEALS 1. BILL NO. 12-86 - SPECIAL EXCEPTION- 3733 LOCUST STREET B. REPORT FROM AREA PLAN COMMISSION 1. BILL NO. 60-12 - REZONING — 4626 BURNETT DRIVE 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED A .3529 and 3527 WESTERN AVENUE, SOUTH BEND, INDIANA, 46619, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM MU MIXED USE TO LB LOCAL BUSINESS DISTRICT TO OPERATE A CONVENIENCE STORE AND ALSO REQUEST APPROVAL OF A SPECIAL EXCEPTION TO ADD A GASOLINE SERVICE STATION FACILITY WITHIN THE LB LOCAL BUSINESS DISTRICT CLASSIFICATION NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, as 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: THAT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: THE WEST 86 FEET OF LOT NUMBERED 1071 IN THE PLAT OF"LA SALLE PARK"AS RECORDED IN THE RECORDS OF THE ST JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.24 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as LB Local Business District. SECTION II. That a Special Exception for Gasoline Service Station facility in a LB Local Business zoning district is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Codicil eft i 7T. R . F_6 qty . x `x. k H n s �Cs 4 Attest. 6J4di.QFIVEr CzsaG t tl l i issue. City Clerk Presented by me to the Mayor of the City of South Bend,Indiana on the day of ,20 , at o'clock .m. City Clerk Approved and signed by me on the day of ,20 , at o'clock .m. Mayor of the City of South Bend, Indiana Flied in C. C@ ,i c:EAD \G —1 3-1 Z USL;C HEARING ^!� +G NOV 15 2012 ,car ,�,��=no��Ea .... . c2%LD A° p- 4,--( 3 '(� B As S ED CITY CLERIC; v� BEND,IN L7IL4 Danch, Harner & Associates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors • Professional Engineers RON HARNER, P.S. Landscape Architects • Land Planners Ms Janice Talboom November 15,2012 South Bend City Clerk's Office 4th Floor County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 RE:Rezoning Petition for 3527 and 3529 Western Avenue, South Bend,Indiana; Dear Ms Talboom: This letter is written confirmation that we have made a correction to the prepared Zoning Ordinance document for the properties located at 3527 and 3529 Western Avenue, South Bend, Indiana. The original Ordinance that was submitted referred to the properties as being in Councilmanic District No. 6. We contacted the Voter's Registration Office for the County and it was determined by their Office that the properties are in Councilmanic District No. 2. If you have any questions regarding this matter, please feel free to give me a call at 234-4003. Sincerely, /Z1 Michael J. Danch President Danch,Harner&Associates, Inc. Cc: Anthony M.Zappia früinr ;.ri:Offl Ce NOE ; ;z;iz1 CITY L ' 1NDN 1643 Commerce drive ■ South Bend,IN 46628. 208 West Mars . Berrien Springs,MI 49103 Office 574/234-4003 • 800/594-4003 • Fax 574/234-4119 Office 269/471-301n i v 9F,Q/A71-7717 PETITION FOR A COMBINED HEARING City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 3529 and 3527 Western Avenue, South Bend, Indiana 46619 2) The property Tax Key Number(s)is/are: Key#1: 18-4068-2518 Key#2: 18-4068-251801 3) Name and address of property owner(s)of the petition site: Parwinder Kaur&Singh Harjinder Barbara Dockery 3529 Western Avenue 3527 Western Avenue South Bend, Indiana 46619 South Bend, Indiana 46619 574-234-7870 574-287-0108 E-Mail Address N/A E-Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: Parwinder Kaur&Singh Harjinder 3529 Western Avenue South Bend, Indiana 46619 574-234-7870 E-Mail Address N/A 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District To: LB Local Business District 6) This rezoning is requested to allow the following use(s): Convenience Store with a Gasoline Dispensing facility. 7) If applicable,a detailed description and the purpose of the variance(s)being requested: The Petitioners, Parwinder Kaur & Singh Harjinder have been the owners of the real estate at 3529 Western Ave. for the past few years as shown in the records of the Auditor's office.They desire to expand the services they can supply to their patrons at this location. They have been working with their neighbor, Barbara Dockery of 3527 Western Ave., owner of the property to the east of the existing Convenience store, to purchase her property and add a Gasoline Dispensing facility. Based on discussions with the Building Department and Area Plan Commission staffs, in order to add the gasoline pumps, the properties would be required to be Rezoned, a Special Use would be required to be approved for the pumps and several Variances would be needed to layout the property as shown on the attached site plan. The Convenience store has been in operation for the past several years and the site has been the home to a retail establishment of varying types for the past several decades. The addition of the gasoline pumps as noted requires a Rezoning, Special Use and Variances. Once the Rezoning is initiated,the properties included are required to be brought up to all the developmental standards of the zoning district being requested. In this particular situation,the Rezoning necessitates that several Variances be approved as well. Shown below are the Variances being requested for the property: 2 1).A Variance from the requirement of providing perimeter trees at a minimum rate of one(1)over-story deciduous tree every forty(40)feet to providing a minimum of two trees(2)in the parkway of Kenmore on the west side of the site and one(1)tree along the north property line as shown. The petitioners are asking for approval of this Variance as the property is located in the urban core area of the City with limited area The Petitioners would add two trees in the parkway area of Kenmore Street in an area presently used for parking.That pavement would be removed and landscaping will be added to soften the western façade of the building,which is also the main entrance.Trees cannot be placed along Western Avenue as the City has recently placed new street lighting in the grass parkway along with the electric line running in the grass area One tree would also be placed along the north property line away from the existing overhead utility lines running along the alley.The property to the east is a combination home and business which appears to have been vacant for quite some time The owners do not believe approval of this Variance would be detrimental to any surrounding property. 2).A Variance from the requirement of providing a minimum of a 6 ft.wide landscape planting area along the Western Avenue façade of the existing building to no landscaping and to a minimum of 10 shrubs along the Kenmore Street façade as shown. The Petitioners would state that the Western Avenue frontage has not changed in the last few years and the owners had placed a concrete sidewalk along that frontage. The building does have an entrance to that street that presently is not being used They would ask to not be required to ripe up the concrete to place a few shrubs along that building front.The petitioners would state that their focus is to remove the existing parking and pavement on the west side of the building that has been used by patrons for the past several years.This parking encroaches into the right-of-way for Kenmore Street. The Petitioners believe removing the pavement and replacing the walk and adding shrubs along the west side of the building meets the intent of the landscape Ordinance for the City.The Petitioners believe approval of this Variance would not adversely affect any surrounding property. 3).A Variance from the requirement of providing Type`B"Residential Bufferyard screening along the north and east property lines to providing a minimum 6 ft.high landscape screening fence along said property lines to the required 10 ft.sight triangle at northwest corner of site and 10 ft.sight triangle at southeast corner of site as shown. The Petitioners would state that presently the existing paved area behind the building is not screened from the properties to the north or to the east of the petition site.The requirement of a 20 ft. wide residential bufferyard is quite extreme for smaller properties in the urban core areas of the City. The Petitioners are asking to be able to use a screening fence along both the north and east property lines of the site.This provides a solution to the screening of the proposed parking and gas pump areas without the requirement of using an overly large portion of the site.The Petitioners are trying to locate improvements on their site and meet the intent of the Ordinances to screen/buffer the uses from the adjacent properties.They believe approval of this Variance will not have a negative affect on adjacent properties. 4).A Variance to allow parking spaces,pavement and a dumpster and dumpster enclosure to be placed in the 20 foot wide Residential Bufferyard along the north property line and east property line to a minimum of 1 ft.along the north property line and to a minimum of 2ft.along the east property line as shown. The Petitioners are asking to encroach into the Residential Bufferyard along both the north and east property lines.This is to allow the placement of parking spaces along the north line and for a dumpster enclosure at the northeast portion of the site. This will allow for the Petitioners to remove the existing parking spaces along Kemtiore Street out of the right-of-way and to organize the spaces at the only viable area on the site. This will also allow a location for a trash dumpster that will be placed at a location for easy access for a truck to enter the site,empty the trash and leave the site without unnecessary maneuvering. The Petitioners believe the approval will allow for the site to be used more efficiently than it is used today.The approval of this Variance should not have an adverse impact on surrounding properties. 3 5).A Variance from the requirement of providing a minimum 24 ft.aisleway in the shown north parking area to a minimum of 22 ft. The Petitioners are requesting to be able to have a smaller than required aisleway for their proposed Parking area.They want to replace the existing parking on Kenmore Street to an on-site location.The best place for the new parking is north of the existing building.Based on the location of the building, there is a limited area for parking spaces and the aisleway. The Petitioners are balancing the maneuvering area and the size of the spaces.The 22 ft.aisle is adequate for the small amount of car parking provided.At this Convenience store,a large portion of patrons using the store walk from their homes from the surrounding neighborhood.The Petitioners do not believe approval of this Variance will adversely affect the surrounding properties. 6).A Variance from the requirement of providing a minimum 20 ft.in length parking spaces to a minimum of 19 ft.as shown in the north parking area. The Petitioners are requesting the ability to reduce the length of their parking spaces from the Minimum required 20 ft. length to 19 ft.As mentioned in the previous Variance request,the site is limited in the amount of area for spaces.The Petitioners believe they have balanced the space by having parking spaces at 19 ft.and the aisleway at 22 ft.This is similar to other small parking lots used in the City with limited property.This request is to remove the existing parking spaces that are presently in the right-of-way of Kenmore Street.The Petitioners believe the small parking lot will work with the amount of traffic that is typical of this Convenience store.The Petitioners do not believe approval of this Variance will have a negative impact on adjacent properties. 7).A Variance to allow a Canopy over the gasoline pumps to encroach a maximum of 13 ft.into the 20 ft. wide Residential Bufferyard along the east property line and to a maximum of 15 ft. into the 30 ft. Front yard Building Setback along Western Avenue as shown. The Petitioners are requesting a Variance to encroach into the Residential Bufferyard along the east property line and to a maximum of 15 ft. into the 30 ft. Front yard Building Setback along Western Avenue as shown.The Ordinance does not require a Residential Bufferyard for properties with a MU Mixed Use zoning classification.The adjacent property has that MU classification.The gray area in the Ordinance is that if an adjacent property has a residential use,the Bufferyard is required.The adjacent property has a residential home in the rear attached to a store front. The Petitioners decided to take the conservative approach and request the Variance to allow the Canopy over the gas pumps to encroach into the perceived Residential Bufferyard.The Canopy would encroach 15 ft.into the 30 ft. Front yard setback along Western Avenue.This would still place the Canopy behind the front facade of the existing building.The Petitioners do not believe that this encroachment for the Canopy would have an adverse impact on the adjacent property that contains a home with a retail store or along the streetscape of Western Avenue. 8).A Variance from the requirement of providing a minimum of a 10 ft.wide drive-thru lane and 12 ft. wide bailout lane for the proposed Gasoline Dispensing facility to providing a minimum of 9 ft.wide drive-thru and bailout lanes as shown. The Petitioners are asking to be allowed to reduce the width of drive lanes defined in the Ordinance as"drive-thru lanes"and"bail out lanes".Again,a gray area exists in the Ordinance as it relates to access and vehicle parking at gasoline pumps.The Petitioners decided to ask for a reduction in the size of the lanes,in case that it may be interpreted that gasoline pumps fall in the same category as drive-thru and bail out lanes for fast-food restaurants and banks.The paved area around the proposed gas pumps will be large enough to allow cars to be at the pumps and still leave room for a"bail out"lane around the pump islands.The gas pumps are not the primary use at this Convenience store but only an added service being provided to patrons.The Petitioners do not believe approval of this Variance would negatively impact surrounding properties. 9).A Variance from the minimum 15 ft.parking setback along Kenmore Street to a minimum of 6 ft. for proposed parking spaces as shown. 4 This Variance request is to allow for the present parking areas as mentioned above to be relocated from the Kenmore Street right-of-way and placed on-site.As shown the parking spaces along Kenmore Street will be screened by low shrubs. This is an improvement over the existing paved area that exists today along Kenmore Street.This Variance will allow for the required number of parking spaces on-site for the Convenience store and Gas Dispensing facility as stated in the City Ordinances.The Petitioners do not believe approval of this Variance would have an adverse affect on any surrounding property. 10). A Variance from the minimum 30 ft. Front yard Building Setback along Western Avenue to a minimum of 9 ft.and from the minimum 30 ft. Front yard Building Setback along Kenmore Street to a minimum of 8 ft.for an existing building.The Petitioners would ask for approval to be allowed to have the existing building remain in the present location which encroaches into the front yard building setback area along both Western Avenue by 21 ft.and encroaches into the front yard building setback area along Kenmore Street by 22 ft.The building has existed as shown for the past several decades and the Petitioners believe approval of this Variance will not be detrimental to any adjacent property. 11). A Variance from the requirement of providing foundation landscaping on three sides of the dumpster enclosure to no additional screening as shown.The Petitioners would state that presently the dumpster as had no enclosure for the past several years.They would ask the Commission Members to agree that providing the shown enclosure along with the additional fencing along the north and south property lines would be sufficient screening for the dumpster.The Petitioners do not believe approval of this Variance would have an adverse impact on any surrounding property. 8) A statement on how each of the following standards for the granting of variances is met: The Petitioners would state that their property is located in the urban core on a corner parcel that has been used for retail purposes for the past few decades.The Petitioners desire to add gas pumps to their facility as a convenience for their patrons.The proposed gas pumps are not the primary use of the site. The gas pumps will be a secondary use.The requested number of Variances,reflect a situation that exists for retail uses that are located in older neighborhoods.The building has existed for decades and pre-dates revised zoning ordinance developmental standards.The customer that uses this type of retail establishment is just as likely to be a walk-in patron as one that uses a car. The Petitioners would state that the approval of the above requested Variances will not be injurious to the public health,safety, morals and general welfare of the community.As envisioned the proposed improvements will place parking,screening, landscaping on-site where none presently exists.This will increase the public health, safety,morals and general welfare of the community. The Petitioners would also state that the use and value of the area adjacent to the property included in the Variances will not be affected in a substantially adverse manner.The site as proposed will provide more screening, landscaping and on-site parking than has existed before. The proposed improvements will remove existing parking and pavement that is located in the Kenmore Street right-of-way. The proposed improvements should help to stabilize values for neighborhood properties adjacent to the site. The Petitioners would state that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any proposed improvements almost impossible and create a situation where owners could do little to add value to their properties and provide additional services for the patrons using their establishments. 9). If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the Requested Variances and Special Exception. 10) If applicable,a detailed description and purpose of the Special Exception(s)being requested: The Petitioners are requesting approval of a Special Exception Use as allowed under Section 21-03.04 5 (2)(A)of the City of South Bend Zoning Ordinance to allow for a Gasoline Dispensing facility (Automotive Uses)on property zoned LB Local Business District. 11) A statement on how each of the following standards for the granting of a Special Exception is met: The Petitioners would state that the proposed use will not be injurious to the public health,safety, comfort,community moral standards,convenience or general welfare.The proposed Gas Dispensing facility should be an added convenience for patrons using the facility.The proposed use has also been used at other establishments in the neighborhood without a negative impact for surrounding properties or the community at large. The Petitioners would state that the proposed use will not injure or adversely affect the use of the adjacent area or property values therein.The proposed Gas dispensing facility is small in size and fits with the existing Convenience store.The gas pumps are secondary to the primary use of the property which are items sold in the Convenience store. With the proposed screening and landscaping,values on adjacent properties should not be adversely affected. The Petitioners would state that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein.Along this portion of Western Avenue,there are similar uses as to the one being requested. The combination of the existing Convenience store with the addition of the gas pumps is in keeping in character with of the district and the surrounding neighborhood.This proposed use will blend with the mixture of retail uses in the Western Avenue corridor. The Petitioners would state that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.The City Comprehensive plan shows that this portion of Western Avenue is appropriate for Commercial(Office&Retail)along with medium density residential development. The proposed combination Convenience store with gas pumps would fit with those types of mixed uses. 12) In the case of a Special Exception,the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached,and made a part of this PETITION, is: (a)a copy of a legal description of the property; (b)a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans;and (d)addressed,stamped envelopes for all property owners within 300 feet of the petition property. Signature(s)of All Pro,erty owner(s),or signat - • •o `- 'g all pro caner i./ i1 Parw•.•er •ur .1 Singh .'finder f Barbara Dockery 3 +' I • = Avenue 3527 Western Avenue South Bend, Indiana 46619 South Bend, Indiana 46619 574-234- 870 47/........_ 574-287-0108 PETITION PREPARED BY&CONTACT PERSON: Sin h arjinder 3529 Western Avenue Name: Danch, Harper&Associates, Inc. South Bend, Indiana 46619 Address: 1643 Commerce Drive South Bend, Indiana 46628 _.-----.....,..... Y '4; Office mdanch @d . irtry� • ....,. ...._..,. ...,______:,,, ,,.,,... 5 comfort,community moral standards,convenience or general welfare.The proposed Gas Dispensing facility should be an added convenience for patrons using the facility.The proposed use has also been used at other establishments in the neighborhood without a negative impact for surrounding properties or the community at large. The Petitioners would state that the proposed use will not injure or adversely affect the use of the adjacent area or property values therein.The proposed Gas dispensing facility is small in size and fits with the existing Convenience store.The gas pumps are secondary to the primary use of the property which are items sold in the Convenience store.With the proposed screening and landscaping,values on adjacent properties should not be adversely affected. The Petitioners would state that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein.Along this portion of Western Avenue,there are similar uses as to the one being requested.The combination of the existing Convenience store with the addition of the gas pumps is in keeping in character with of the district and the surrounding neighborhood. This proposed use will blend with the mixture of retail uses in the Western Avenue corridor. The Petitioners would state that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.The City Comprehensive plan shows that this portion of Western Avenue is appropriate for Commercial(Office&Retail)along with medium density residential development.The proposed combination Convenience store with gas pumps would fit with those types of mixed uses. 12) In the case of a Special Exception,the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached,and made a part of this PETITION,is: (a)a copy of a legal description of the property; (b)a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans;and (d)addressed,stamped envelopes for all property owners within 300 feet of the petition property. Signature(s)of All Property owner(s),or signature of Attorney for all property owner(s): AZapp'. Attorney for the • erty Owners 52582 U.S. 933 North South Bend,Indiana 46635 574-277-8720 PETITION PREPARED BY&CONTACT PERSON: Name: Danch, Harner&Associates, Inc. Filed FE"I �, ., L^7 " 7 Address: 1643 Commerce Drive i South Bend, Indiana 46628 574-234-4003 mdanch @danchharner.com AUG 13 2012 CITY CtrEN, '° LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: THE WEST 86 FEET OF LOT NUMBERED 1071 IN THE PLAT OF "LA SALLE PARK"AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.24 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Flied in Clerk's Office 00082012 JoaiNveloqui crnr CLERK,KAITH BEND,IN �•� a- (1-4 z Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 9, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING AMBULANCE/MEDICAL USER FEES AND DEDICATED FUND STATEMENT OF PURPOSE AND INTENT With the passage of Ordinance No 6897-81, each year the South Bend Fire Department is required to prepare and file a report on or before September 1St of each year which summarizes all of the ambulance/medical services runs as of August 15th of that year. The report identifies the number and type of each run; the amount billed; the amount collected; the amount in collections; the number of lawsuits filed; and recommendations with regard to fee amounts. The provisions of Ordinance No. 6897-81 have been codified into the South Bend Municipal Code as Sections 9-16 through 9-18. On August 27, 2012, Fire Chief Stephen F. Cox filed the 2012 South Bend Fire Department's Annual Report pursuant to these City Code provisions. The following ordinance incorporates the recommendations set forth in this year's Annual Report. It is believed that the requested changes are in the best interests of the South Bend Fire Department and the City of South Bend. The requested fee adjustments will help maintain the best possible ambulance and medical service runs possible in the City. � � ; 91�.ii�, r<- re, 6�ii Ordained /% 'MINegr. siitcil</iAe `i/e J/l(/.' nn, a///4u/o. Section I. Chapter 9, Article 3, Section 9-16, paragraphs (a) and (i) of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 9-16. Ambulance/Medical User Fees Established. (a) The following user fee schedule shall be charged for all ambulance/medical services provided by the City through its paramedic branch of the South Bend Fire Department: Type of Service Provided Resident Non-Resident 1 Basic Life Support (BLS Non-Emergency) $310.46 $ 414.17 2 Basic Life Support (BLS Emergency) $496.73 $ 662.67 3 Advanced Life Support (ALS Non-Emergency) $372.54 $ 497.00 4 Advanced Life Support (ALS-1 Emergency) $589.86 $ 786.92 5 Advanced Life Support (ALS-2 Emergency) $853.74 $1,138.96 6 Mileage, Basic(Within City Limits) (Per patient miles, minimum one(1)mile) $ 10.55 7 Mileage, Rural (Per patient miles,minimum one(1)mile) $ 1 0.55 8 Non-Transport ALS Medical Call $150.00 $200.00 (i) The above fees shall take effect on January 1,2013. Section II. Chapter 9,Article 3, Section 9-17,paragraphs of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 9-17. Dedication of Ambulance/Medical User Fee Revenues to the EMS/Fire Department Capital Fund#288 Quarterly Transfers;Establishing When Re- Payment of Monies is Required. (a) The revenues generated by the rates set forth in Section 9-16 shall be dedicated to defraying the expenses of the E.M.S. operating budget, a part of the general fund of the City of South Bend and for capital purchases and leases of E.M.S. equipment, firefighting equipment and fire station repairs. All monies collected will be deposited in the EMS/Fire Department Capital, Fund#288. (b) Quarterly transfers in the amount of sixty-two thousand five hundred dollars ($ 62,500) will be made from the EMS/Fire Department Capital Fund #288 on or about the last day of each quarter of the calendar year. Annual transfers shall not be less than two hundred fifty thousand. dollars ($250,000.00). • (c) Any monies transferred in a calendar year which exceed the $250,000 threshold, shall be re-paid to the EMS/Fire Department Capital Fund#288, on or about the last day of each January of the year following said year when the threshold was exceeded. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Council Member Dr.Fred Ferlic 4th District Council Member Member of the Common Council Ordinance Establishing Ambulance/Medical User Fees Page 2 John Voorde, City Clerk 4(1//ree/by me to Pete Buttigieg, the Mayor of the City of South Bend,Indiana, on the day of , 2012, at o'clock .m. Janice Talboom, Deputy Clerk triliire,pedaimilyiier/by me on the day of , 2012, at o'clock .m. Pete Buttigieg. Mayor of the City of South Bend,Indiana : . .n ers . c ;ti.� i o�LL-V� OCT 10 iZ READ IC HEARING JOHN vooniv I READu',G CITY CLERK,SOWN sew IN APPROVED ERRED SSED (04 gpul j/8���. ./% - City of South Bend I w \,\L CE/,j k.::', -- -4■, --.; , Common Council 1865 441 County-CityBuilding • 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://wwvv.southbendin.gov Derek D. Dieter President Oliver J. Davis October 15,2012 Vice-President The South Bend Common Council Karen L. White 4th Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Tim Scott Re: Ordinance Adjusting Ambulance and Medical User Fees First District Dear Council Members: Henry Davis, Jr. Second District On September 4, 2012, South Bend Fire Chief Stephen F. Cox filed a report which Valerie Sch ey details information on ambulance and medical service runs for the 2012 calendar Third District year. This annual report has been a requirement since 1981, when Ordinance No. 6897-81 was passed by the Common Council and subsequently codified into the Fred Ferlic South Bend Municipal Code as Article 3 in Chapter 9. Fourth District In that Report, Fire Chief Cox highlighted that: David Varner Fifth District • From January 1, 2012 to August 20, 2012, the four (4) city ambulances Oliver J. Davis responded to 8,807 calls for services as detailed below: Sixth District --> Medic 1 had 1,727 calls for service during this period of time Derek D. Dieter --0 Medic 2 had 2,619 calls for service during this period of time At Large --+ Medic 3 had 2,285 calls for service during this period of time -- Medic 4 had 2,176 calls for service during this period of time Gavin Ferlic At Large • 227 BLS non-emergency runs for city residents & 13 such runs for non-city Karen L. White residents At Large • 1,160 BLS emergency runs for city residents & 138 such runs for non-city residents • 51 ALS non-emergency runs for city residents & 3 such runs for non-city residents • 1,952 ALS-1 emergency runs for city residents & 227 such runs for non-city residents • 11 ALS-2 emergency runs for city residents& 1 such run for non-city residents • $2,111,363.04 has been billed with $1,487,195.19 collected; and another $61,490.84 in collection. Cover Letter to Proposed Ordinance Adjusting Ambulance and Medical User Fees October 15,2012 Page 2 It is my understanding that the current ambulance/medical user fees being charged by the City were established by a Council ordinance passed in 2008, which became effective January 1, 2009. I am attaching a copy of Chief Cox's August 27, 2012 entire report for reference purposes. It provides a chart on page 3 of the current user fees for residents and non-residents and the proposed user fees recommended for residents and non-residents for comparison purposes. • If it my further understanding that the local fees are typically 150% of the allowable reimbursement set by Medicare. Medicare usually adjusts fees on an annual basis. The governing federal regulations are set forth in 42 Code of Federal Regulations, § 414.601 - § 414.625 Subpart H entitled "Fee Schedule for Ambulance Services". I am attaching a copy of those regulations promulgated for Medicare & Medicaid Services, along with a November 2011 brochure entitled "Ambulance Fee Schedule"published by the Department of Health and Human Services, Centers for Medicare 7 Medicaid Services, for additional background information. Section 9-18 (b) of the South Bend Municipal Code calls for any proposed user fee adjustments to be reviewed by the Council's Personnel and Finance Committee and/or the Health and Public Safety Committee. Council Member White has agreed to have the attached Bill heard in a joint committee meeting. The standard of review as set forth in this same section is to determine what are "fair and equitable user fees". The annual report of the Fire Chief to the Common Council provides an opportunity for the sharing of key information about BLS and ALS service runs and related information. With this detailed information, the Common Council may then carefully weigh the proposed fee adjustments in light of local economic concerns and data, balanced with the costs for providing such ALS and BLS medical services needed to properly cover personnel and medical supply expenses. Additionally, the attached ordinance also provides an opportunity to discuss the concept of quarterly transferring $ 62,500 from the EMS/Fire Department Capital Fund#288 for a total of$250,000.00 annually. I recommend that the attached proposed ordinance be referred to the Personnel and Finance Committee and the Health and Public Safety Committee for a joint review, with 2nd & 3rd readings and public hearing to be set for November 12th. Any fee adjustments would not take place until January 1,2013. Thank you. Sincerely, Filed in Clerk's Office Dr. Fred Ferlic, Chairperson Health and Public Safety Committee OCT 16 2012 Attachments JOHN VOORDE CITY CLERK,SOUTH BEND,IN . o''. 3TR&• I22.2 S.MICHIGAN STREET H ����� . /��s SOUTH BEND,INDIANA 466OI-282I W���� ��'' %� d PHONE 7 4/ 235-9255 93 �� � ,�/i - �': FAX 574 23 S-9307 1865 K CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR SOUTH BEND FIRE DEPARTMENT STEPHEN F. Cox FIRE CHIEF August 27,2012 � SEP ;7 ` -''''�'S Common Council �2o / 227 W.Jefferson Boulevard C!)yc447;4;".„ ...:-:-;::---,/'�,�/s -. 2 .t 455 County City Building South Bend, IN 46601 {!°04,-, I�I Council Members, ` As stated in City Ordinance No. 9887-08,regarding the City of South Bend Fire Department's Ambulance/Medical User Fees,per Section 9-18,Annual Review of User Fees by the Common Council,the South Bend Fire Department has prepared the following report to be filed with the office of the City Clerk on or before September 1,2012. Included herein please find a summary of 2012 ambulance/medical service runs as of August 24,2012 by number and type of each run,amount billed, amount collected,amount in collection,number of lawsuits filed,and recommendations with regard to fee amounts. From January 1,2012 to August 20, 2012,the four city ambulance units responded to 8807 calls for service. This includes transports to the hospital, fires,refusals of treatment,etc. The following chart list calls per ambulance: Total calls per unit Medic 1 1727 Medic 2 2619 Medic 3 2285 Medic 4 2176 8807 EFiled "'2 I f-i-C—$1i r END,IN JAMES LOPEZ TODD L. SKWARCAN ANDREW J.MYER FEDERICO RODRIGUEZ,JR ASST.CHIEF OPERATIONS ASSIST.CHIEF SERVICES ASST.CHIEF EMS FIRE.MARSHAL The following chart includes all billable calls made by Department ambulances and total billable mileages: • Type of Run #of Runs Mileage #of Runs Non Resident Resident (1)Basic Life Support(BLS Non Emergency) 227; 13 (2)Basic Life Support(BLS Emergency) 1160: 138 (3)Advanced Life Support(ALS Non Emergency) 51>1 3 (4)Advanced Life Support(ALS-1 Emergency) 1952; 227 (5)Advanced Life Support(ALS-2 Emergency) 11;. 1 (8)Non Transport ALS Medical Call 37.' 0 Totals 3438, - _ - . 382 10700 ALS Mileage 10331.6 Total Mileage 21031.6'' As of August 20,2012 the following amounts have been billed: Amount billed $2,111,363.04 Amount collected $1,487,195.19 Amount in collections(CBM Account Services) $54,177.09 Amount in collections(City Legal Dept.) $7,313.75 Number of Lawsuits filed 0 2012 Ambulance User Fee Recommendation South Bend Ordinance No. 9877-08 requires the Fire Department to issue an annual recommendation in regard to ambulance user fees. The current fees set by this ordinance were calculated from the 2012 Medicare Fee Schedule. The fees are 150%of the allowable reimbursement set by Medicare. The current fees have been in place since January 1,2009. Medicare typically adjusts its fee schedule annually. Most often,this will result in an increase in reimbursable amounts. Since the rate increase that took effect in 2009,there have been modest increases in the allowable reimbursement by Medicare. 2 9 • • Due to increases in costs for medical supplies and fluctuations in the costs for fuel,I am recommending increasing our fees as follows: Proposed Ambulance User Fees 2012 2012 2013 2013 Resident` Non-Res Resident Non-Res Current Current Proposed Proposed (1)Basic Life Support(BLS Non Emergency) $281.05 $374.74 $310.46 $414.17 (2)BLS Life Support(BLS Emergency) $449.69 $599.58 $496.73 $662.67 (3)Advanced Life Support(ALS Non Emergency) $337.26 $449.68 $372.54 $497.00 (4)Advanced Life Support(ALS-1 Emergency) $534.00 $713.00 $589.86 $786.92 (5)Advanced Life Support ALS-2 Emergency) $772.91 $1,030.54 $853.74 $1,138.96 (6)Mileage,Basic(With in city limits,per patient miles, min 1 mile) $9.63 $9.63 $10.55 $10.55 (7)Mileage,Rural(Per patient miles,minimum 1mile) $12.84 $12.84 $15.97 $15.97 (8)Non Transport ALS Medical Call $100.00 _ $150.00 $150.00 $200.00 It is my further recommendation,as Medicare typically adjusts its fees on an annual basis and South Bend has shown great restraint in maintaining fees at consistently moderate levels,and allowing the fact that such deference to our citizens could be maintained while granting the ability to make reasonable and necessary changes to the fee schedule on an annual basis,that Ordinance No. 9887-08 be amended to include language similar to the following: In the event changes in Medicare or other federal or state health care regulations require or allow an adjustment to current charges set forth herein,the Fire Chief is authorized to adjust the same once per year;Such adjustments to take effect on the calendar date immediately following the date on which written notice of said adjustment is filed with the office of the City Clerk. A mechanism such as this will maintain this Council's oversight authority,ensure South Bend's ambulance user fees are commensurate with those allowed by the Medicare Ambulance Fee Schedule for Indiana,and provide the ability to keep our rates in line with reasonable and customary charges of peer cities. I would be happy to discuss any items in this report,and the pursuit of the language changes outlined above. Sincerely, Step en F.Cox Fire Chief 3 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare&Medicaid Services Medi Zet'' s ilea Official CMS Information for r Medicare Fee-For-Service Providers • Ambulance Fee Schedule A, PAYMENT SYSTEM FACT SHEET SERIES X' x.�sx ,. �� .4 Y r,"7,:„ . 1 k iti s. f' �. t. fir :. <., �• F I � h {/r/, 't 1 .- r t_ .f: t Ts ��. Y. • x f } f ' - f 1 _,,'":,--,- :,'''''f,.--t-'-'"'-'-i..,,'\'''''. , �, L f l .Y:."7,4 vTL'.'44 ((.I ICN 006835 November 2011 - Ambulance Providers and Suppliers The Ambulance FS applies to the following providers. and suppliers: • Volunteer; ❖ Municipal; ••• Private; • Independent; and •S Institutional(i.e., hospitals, Critical Access Hospitals[CAH]with the exception of CAHs that his publication provides the following are the only ambulance service within 35 miles, information about the Ambulance Fee Schedule(FS): and Skilled Nursing Facilities). •:• Background; • Ambulance providers and suppliers; Ambulance Services Payments •: Ambulance services payments; Payment for ambulance services under the Ambulance FS: • How payment rates are set; and •:• Includes a base rate payment(level of service s• Resources. provided)plus a separate payment for mileage to the nearest appropriate facility; Background Covers both the transport of the beneficiary to the nearest appropriate facility and all medically necessary covered items and services Section 4531(b)(2)of the Balanced Budget Act of (e.g., oxygen, drugs, extra attendants, and 1997 added Section 1834(1)to the Social Security Act electrocardiogram testing)associated with the (the Act), which mandated the implementation of a transport; and national Ambulance FS effective for Medicare Part B ambulance services claims with dates of service on or • Precludes a separate payment for items and after April 1,2002.The Ambulance FS applies to all services furnished under the ambulance benefit. ambulance services.Section 1834(1)of the Act also required mandatory assignment for all ambulance services,which means that you, as the provider or supplier, will be paid the Medicare allowed amount as payment in full for these services. In addition, you may bill or collect only any unmet Part B deductible and coinsurance amounts from the beneficiary. s �s, x • £� 1CAL RESPONSE r q Q Ambulance Fee Schedule How Payment Rates Are Set Effective January 1,2006,the Ambulance FS was fully implemented. Each year, an update is applied to the payment limits for ambulance services that is ; equal to the percentage increase in the Consumer j` Price Index for All Urban Consumers(CPI-U)for the 12-month period ending with June of the previous year. Under the Affordable Care Act, Section 1834(1)(3)(8) ;:2' of the Act was amended to apply a productivity .( 'X adjustment to the update equal to the 10-year moving t c average of changes in economy-wide private nonfarm business multi-factor productivity(MFP) beginning on January 1, 2011.The resulting update percentage is called the Ambulance Inflation Factor(AIF). For t. L calendar year(CY)2012, the MFP is 1.2 percent and .. the CPI-U is 3.6 percent. Under the Affordable Care ' ' Act, the CPI-U is reduced by the MFP, even if the - r - reduction results in a negative AIF.Therefore, the AIF for CY 2012 is 2.4 percent. Air Ambulance Services Ground Ambulance Services As of January 1, 2006, the total payment amount for air ambulance providers and suppliers is based on Effective January 1, 2006, the total payment amount 100 percent of the national Ambulance FS. Payments for air ambulance services under the Ambulance FS for ground ambulance providers and suppliers is include the following elements: based on 100 percent of the national Ambulance FS. Payments for ground ambulance services under the • A nationally uniform base rate for fixed wing and a Ambulance FS include the following elements: nationally uniform base rate for rotary wing; ❖ A nationally uniform base rate or conversion factor • A GAF for each Ambulance FS locality area(GPCI); for all ground ambulance services; •;. A nationally uniform loaded mileage rate for each •:r A numeric value for ambulance services relative to type of air service; and the value of a base level ambulance service called .;. A rural adjustment to the base rate and mileage a relative value unit is assigned to each type of for services furnished for a rural POP. I ground ambulance service; ❖ A geographic adjustment factor(GAF)for each Ambulance FS locality area (geographic practice cost index[GPCI)); - A nationally uniform loaded mileage rate; " •. ❖ An additional amount for certain mileage for a rural point-of-pickup(POP); and r�, If ❖ Additional payments for certain specified ,� , '-a temporary periods. ,..---=. �4 ITJ, Q Ambulance Fee Schedule r `' This fact sheet was current at the time it was published or uploaded onto the web. Medicare policy changes frequently so links to the source documents have been provided within the document for your reference. This fact sheet was prepared as a service to the public and is not intended to grant rights or impose obligations.This fact sheet may contain references or links to statutes, regulations, or other policy materials. The information provided is only intended to be a general summary. It is not intended to take the place of either the written law or regulations. We encourage readers to review the specific statutes, regulations, and other interpretive materials for a full and accurate statement of their contents. Your feedback is important to us and we use your suggestions to help us improve our educational Resources products, services and activities and to develop products, services and activities that better meet your educational needs. To evaluate Medicare Learning For more information about ambulance services and Network®(MLN) products, services and activities you the Ambulance FS, visit http://www.cros.gov/center/' have participated in, received, or downloaded, please ambulance.asp and http:/lwww.cros.gov/Ambulance go to http://www.cms.gov/MLNProducts and click on FeeSchedule on the Centers for Medicare& Medicaid the link called 'MLN Opinion Page'in the left-hand Services(CMS),website and refer to Chapter 10 of the menu and follow the instructions. "Medicare Benefit Policy Manual"(Publication 100-02) Please send your suggestions related to MLN product and Chapter 15 of the"Medicare Claims Processing topics or formats to MLN@cms.hhs.gov. Manual" (Publication 100-04)located at http://www. cros.gov/Manuals/IOM/list.asp on the CMS website. x x. To find Medicare information for beneficiaries (e.g., t Medicare basics,managing health, and resources), visit http://www.medicare.gov on the CMS website. • r • SSRVIC O •� s9 Ce. ' n• c/141".1/Z ° net- J//. CENIE krAIE YAiIEJAMMIDASIMIJ Y4b a Official CMS 6dormallon for Medicare Fee-Fer•eMce Providers The Medicare Learning Network®(MLN),a registered trademark of CMS,is the brand name for official CMS educational products and information for Medicare Fee-For-Service Providers.For additional information,visit the MLN's web page at http:llwww.cros.govlMLNGenlnfo on the CMS website. Q Ambulance Fee Schedule �`{2" INFORMATION GPO, • • Centers for Medicare&Medicaid Services, NHS §414.605 (A) The test is ordered by the pa- Subpart H-Fee Schedule for tient's physician at least 14 days fol- Ambulance Services lowing the date of the patient's dis- charge from the hospital; SOURCE: 67 FR 9132, Feb. 27, 2002, unless (B)The specimen was collected while otherwise noted. the patient was undergoing a hospital surgical procedure; *414.601 Purpose. (C) It would be medically inappro- This subpart implements section priate to have collected the sample 1834(1) of the Act by establishing a fee other than during the hospital proce- schedule for the payment of ambulance dure for which the,patient was admit- services. Section 1834(1) of the Act re- tell; quires that, except for services fur- (D) The results of the test do not nished by certain critical access hos- guide treatment provided during the pitals (see§413.70(b)(5) of this chapter), hospital stay;and payment for all ambulance services, (E) The test was reasonable and otherwise previously payable on a rea- medically necessary for the treatment sonable charge basis or retrospective of an illness. reasonable cost basis, be made under a (ii)More than 30 calendar days before fee schedule. testing, the specimen is considered to §414.605 Definitions. have been archived and the date of As used in this subpart,the following service of the test must be the date the definitions apply to both land and specimen was obtained from storage. water (hereafter collectively referred (3)In the case of a chemotherapy sen- to as "ground") ambulance services sitivity test performed on live tissue, and to air ambulance services unless the date of service of the test must be otherwise specified: the date the test was performed only Advanced life support (ALS) assessment if— is an assessment performed by an ALS (i)The decision regarding the specific crew as part of an emergency response chemotherapeutic agents to test is that was necessary because the pa- made at least 14 days after discharge; tient's reported condition at the time (ii)The specimen was collected while of dispatch was such that only an ALS the patient was undergoing a hospital crew was qualified to perform the as- sessment. An ALS surgical procedure; assessment does not (iii) It would be medicall y ina necessarily result in a determination ppro- that the patient requires an ALS level priate to have collected the sample of service. other than during the hospital proce- Advanced life support (ALS) interven- dure for which the patient was admit- Lion means a procedure that is, in ac- ted; cordance with State and local laws, re- (iv) The results of the test do not quired to be furnished by ALS per- guide treatment provided during the sonnel. hospital stay;and, Advanced life support, level l (ALSJ) (v)The test was reasonable and medi- means transportation by ground ambu- cally necessary for the treatment of an lance vehicle, medically necessary sup- illness. plies and services and either an ALS (4) For purposes of this section, assessment by ALS personnel or the "chemotherapy sensitivity test"means provision of at least one ALS interven- a test identified by the Secretary as a tion. test that requires a fresh tissue sample means either life support, level 2 round to test the sensitivity of tumor cells to mebul either transportation by ground various chemotherapeutic agents. The essary supplies vehicle, medically the Secretary essary supplies and services, and the ry identifies such tests through administration of at least three medi- program instructions. cations by intravenous push/bolus or [71 FR 69786, Dec. 1, 2006, as amended at 72 by continuous infusion, excluding crys- FR 66402,Nov.27,20077 talloid, hypotonic, isotonic, and hypertonic solutions(Dextrose,Normal 63 §414.605 42 CFR Ch. IV(10-1-10 Edition) Saline, Ringer's Lactate): or transpor- ambulance entity begins as quickly as tation, medically necessary supplies possible to take the steps necessary to and services, and the provision of at respond to the call. least one of the following ALS proce- Fixed wing air ambulance (FW) means duress transportation by a fixed wing aircraft (1) Manual defibrillation/ that is certified as a fixed wing air am- cardioversion. bulance and such services and supplies (2)Endotracheal intubation. as may be medically necessary. (3)Central venous line. Geographic adjustment factor (GAF) (4)Cardiac pacing, means,the practice expense (PE) por- (5)Chest decompression. tion of the geographic practice cost (6)Surgical airway. index (GPCI) from the physician fee (7)Intraosseous line. schedule as applied to a percentage of Advanced life support (ALS) personnel the base rate. For ground ambulance means an individual trained to the services, the PE portion of the GPCI is level of the emergency medical techni- applied to 70 percent of the base rate cian-intermediate (EMT-Intermediate) for each level of service. For air ambu- or paramedic. The EMT-Intermediate lance services, the PE portion of the is defined as an individual who is quali- GPCI is applied to 50 percent of the ap- fied, in accordance with State and plicable base rate. local laws, as an EMT-Basic and who is Loaded mileage means the number of also qualified in accordance with State miles the Medicare beneficiary is and local laws to perform essential ad- transported in the ambulance vehicle. vanced techniques and to administer a Paramedic ALS intercept (P1) means limited number of medications. The EMT-Paramedic services furnished by EMT-Paramedic is defined as pos- an entity that does not furnish the sessing the qualifications of the EMT- ground ambulance transport, provided Intermediate and also, in accordance the services meet the requirements with State and local laws, as having specified in§410.40(c)of this chapter. enhanced skills that include being able Point of pick-up means the location of to administer additional interventions the beneficiary at the time he or she is and medications. placed on board the ambulance. Basic life support (BLS) means trans- Relative value units (RVUs) means a portation by ground ambulance vehicle value assigned to a ground ambulance and medically necessary supplies and service. services, plus the provision of BLS am- Rotary wing air ambulance (RW) bulance services. The ambulance must means transportation by a helicopter be staffed by an individual who is that is certified as an ambulance and qualified in accordance with State and such services and supplies as may be local Iaws as an emergency medical medically necessary. technician-basic (EMT-Basic). These Rural adjustment factor (RAF) means laws may vary from State to State. an adjustment applied to the base pay- For example, only in some States is an ment rate when the point of pick-up is EMT-Basic permitted to operate lim- located in a rural area. ited equipment on board the vehicle, Rural area means an area located out- assist more qualified personnel in per- side an urban area, or a rural census forming assessments and interventions, tract within a Metropolitan Statistical and establish a peripheral intravenous Area as determined under the most re- (IV)line. cent version of the Goldsmith modi- Conversion factor (CF) is the dollar fication as determined by the Office of amount established by CMS that is Rural Health Policy of the Health Re- multiplied by relative value units to sources and Services Administration. produce ground ambulance service base Specialty care transport (SCT) means rates. interfacility transportation of a criti- Emergency response means responding cally injured or ill beneficiary by a immediately at the BLS or ALS1 level ground ambulance vehicle, including of service to a 911 call or the equivalent medically necessary supplies and serv- in areas without a 911 call system. An ices, at a level of service beyond the immediate response is one in which the scope of the EMT-Paramedic. SCT is 64 Centers for Medicare&Medicaid Services, HHS §414.610 necessary when a beneficiary's condi- July 1, 2004 through December 31, 2006, tion requires ongoing care that must ambulance services originating in be furnished by one or more health pro- urban areas (both base rate and mile- fessionals in an appropriate specialty age) are paid based on a rate that is area for example, nursing, emergency one percent higher than otherwise is medicine, respiratory care, cardio- applicable under this section, and am- vascular care, or a paramedic with ad- bulance services originating in rural ditional training. areas (both base rate and mileage) are Urban area means a Metropolitan paid based on a rate that is two percent Statistical Area, as defined by the Ex- higher than otherwise is applicable ecutive Office of Management and Budget. under this section. For services fur- nished during the period July 1, 2008 [67 FR 9132, Feb. 27, 2002, as amended at 68 through December 31, 2009, ambulance FR 67693, Dec. 5, 2003; 71 FR 69787, Dec. 1, services originating in urban areas 2006) (both base rate and mileage) are paid §414.610 Basis of payment based on a rate that is 2 percent higher (a) Method of payment. Medicare pay- than otherwise is applicable under this merit for ambulance services is based section, and ambulance services origi- nating the lesser of the actual charge or nating in rural areas (both base rate the applicable fee schedule amount, and mileage) are paid based on a rate The fee schedule payment for ambu- that is three percent higher than oth- lance services equals a base rate for the erwise is applicable under this section. level of service plus payment for mile- (ii)The service-level base rate is then age and applicable adjustment factors. adjusted by the GAF. Compare this Except for services furnished by cer- amount to the actual charge. The less- tain critical access hospitals or enti- er Of the actual charge or the GAF ad- ties owned and operated by them, as justed base rate amount is added to the described in §413.70(b) of this chapter, lesser of the actual mileage charges or all ambulance services are paid under the payment rate per mile, multiplied the fee schedule specified in this sub- by the number of miles that the bene- part (regardless of the vehicle fur- ficiary was transported. When applica- nishing the service). ble, the appropriate RAF is applied to (b) Mandatory assignment. Effective the ground mileage rate to determine with implementation of the ambulance the appropriate payment rates. The fee schedule described in §414.601 (that RVU scale for the ambulance fee sched- is, for services furnished on or after ule is as follows: April 1, 2002), all payments made for ambulance services are made only on RelatiUs) ve an assignment-related basis. Ambu- service level value (RV units (RV lance suppliers must accept the Medi- care allowed charge as payment in full BLS 160. and may not bill or collect from the BLS-Emergency 120 beneficiary any amount other than the ALS1-Emer 120 unmet Part B deductible and Part B ALS2 g enc 9 1.75 2.25 coinsurance amounts. Violations of SCT 3.25 this requirement may subject the pro- PI 1.75 vider or supplier to sanctions, as pro- vided by law (part 402 of this chapter). (2) Air ambulance service levels. The (c)Formula for computation of payment base payment rate for the applicable amounts. The fee schedule payment type of air ambulance service is ad- amount for ambulance services is corn- justed by the GAF and, when applica- puted according to the following provi- ble, by the appropriate RAF to deter- sions: mine the amount of payment. Air am- (1) Ground ambulance service levels. (i) bulance services have no CF or RVUs. The CF is multiplied by the applicable This amount is compared to the actual RVUs for each level of service to charge. The lesser of the charge or the produce a service-level base rate. For adjusted GAF rate amount is added to services furnished during the period the payment rate per mile, multiplied 65 §414.610 42 CFR Ch.IV(10-1-10 Edition) by the number of miles that the bene- patient is transported simultaneously ficiary was transported. When applica- is based on the total number of pa- ble, the appropriate RAF is also ap- tients (both Medicare and non-Medi- plied to the air mileage rate. care) on board. If two patients are (3) Loaded mileage. Payment is based transported simultaneously, then the on loaded miles. Payment for air mile- payment allowance for the beneficiary age is based on loaded miles flown as (or for each of them if both patients expressed in statute miles. There are are beneficiaries)is equal to 75 percent three mileage payment rates:a rate for of the service payment allowance ap- FW services, a rate for RN services, plicable for the level of care furnished and a rate for all levels of ground to the beneficiary, plus 50 percent of transportation. the applicable mileage payment allow- (4)Geographic adjustment factor(GAF). ance. If three or more patients are For ground ambulance services, the PE transported simultaneously, the pay- portion of the GPCI from the physician ment allowance for the beneficiary (or fee schedule is applied to 70 percent of each of them)is equal to 60 percent of the base rate for ground ambulance the service payment allowance applica- services. For air ambulance services, ble for the level of care furnished to the PE portion of the physician fee the beneficiary, plus the applicable schedule GPCI is applied to 50 percent mileage payment allowance divided by of the base rate for air ambulance serv- the number of patients on board. ices. (5) Rural adjustment factor (RAF). (i) (7) Payment rate for mileage greater For ground ambulance services where i than 50 m les. For services furnished the point of pickup is in a rural area, December the period July 1,loaded through the mileage rate is increased by 50 per- December 31,greater each loaded at is, cent for each of the first 17 miles and, miles mile and greater)than for 50 (that is, for services furnished before January 1, miles r and gnating)in ambulance 2004, by 25 percent for miles 18 through transports originating in eithed urban 50. The standard mileage rate applies areas rate in rural areas percent paid than to every mile over 50 miles and, for on a rate that is 25 percent higher than services furnished after December 31, otherwise is applicable under this sec- 2003, to every mile over 17 miles. For Lion. air ambulance services where the point (d) Payment. Payment. in accordance of pickup is in a rural area, the total with this subpart, represents payment payment is increased by 50 percent; in full (subject to applicable Medicare that is, the rural adjustment factor ap- Part B deductible and coinsurance re- plies to the sum of the base rate and quirements as described in subpart G of the mileage rate. part 409 of this chapter or in subpart I (ii) For services furnished during the of part 410 of this chapter)for all serv- period July 1, 2004 through December ices, supplies, and other costs for an ambulance service furnished to a Medi- 31, 2009, the payment amount for the ground ambulance base rate is in- care beneficiary. No direct payment creased by 22.6 percent where the point will be made under this subpart if bill- of pickup is in a rural area determined ing for the ambulance service is re- to be in the lowest 25 percent of rural quired to be consolidated with billing population arrayed by population den- for another benefit for which payment sity. The amount of this increase is may be made under this chapter. based on CMS's estimate of the ratio of (e) Point of pick-up. The zip code of the average cost per trip for the rural the point of pick-up must be reported areas in the lowest quartile of popu- on each claim for ambulance services lation compared to the average cost so that the correct GAF and RAF may per trip for the rural areas in the high- be applied,as appropriate. est quartile of population. In making (f) Updates. The CF, the air ambu- this estimate, CMS may use data pro- lance base rates, and the mileage rates vided by the GAO. are updated annually by an inflation (6) Multiple patients. The allowable factor established by law.The inflation amount per beneficiary for a single am- • factor is based on the consumer price bulance transport when more than one index for all urban consumers (CPI-U) 66 Centers for Medicare&Medicaid Services, NHS §414.615 (U.S.city average)for the 12-month pe- (b) 2003 Payment. For services fur- Mod ending with June of the previous nished in CY 2003,payment is based on year 60 percent of the reasonable charge or (g) Adjustments. The Secretary mon- reasonable cost, as applicable, plus 40 itors payment and billing data on an percent of the ambulance fee schedule ongoing basis and adjusts the CF and amount. The;reasonable charge and air ambulance rates as appropriate to reasonable cost portion in CY 2003 is reflect actual practices under the fee equal to the supplier's reasonable schedule. These rates are not adjusted charge or provider's reasonable cost for solely because of changes in the total CY 2002,multiplied by the statutory in- number of ambulance transport& flation factor for ambulance services. (h) Treatment of certain areas for pay- (c). 2004 Payment. For services fur- nished for air ambulance services.Any area nished in CY 2004, payment is based on that was designated as a rural area for 40 percent of the reasonable charge or purposes of making payments under reasonable cost, as applicable, plus 60 the ambulance fee schedule for air am- percent of the ambulance fee schedule bulance services furnished on Decem- amount. The reasonable charge and ber 31, 2006,must be treated as a rural reasonable cost portion in CY 2004 is area for purposes of making payments equal to the supplier's reasonable under the ambulance fee schedule for charge or provider's reasonable cost for air ambulance services furnished dur- CY 2003,multiplied by the statutory fin- ing the period July 1, 2008 through De- flation factor for ambulance services. cember 31,2009. (d) 2005 Payment. For services fur- [67 FR 9132, Feb. 27, 2002, as amended at 68 20 percent of the reasonable charge or FR 67693, Dec. 5, 2003; 69 FR 40292, July 1, reasonable cost, as applicable, plus 80 2004; 71 FR 69787, Dec. 1, 2006; 73 FR 69937, Nov.19,2008;74 FR 62012,Nov.25,2009] percent of the ambulance fee schedule amount. The reasonable charge and § reasonable cost portion in CY 2005 is 414.615 Transition to the ambulance fee schedule. equal to the supplier's reasonable The fee schedule for ambulance serv- charge or provider's reasonable cost for ices fe be phased in over 5 CY 2004,multiplied by the statutory in- years be- flation factor for ambulance services. ginning April 1, 2002. Subject to the (e) 2006 and Beyond Payment. For first sentence in §414.610(a), payment services furnished in CY 2006 and there- for services furnished during the tran- after, the payment is based solely on sition period is made based on a com- the ambulance fee schedule amount. bination of the fee schedule payment (f) Updates. The portion of the transi- for ambulance services and the amount tion payment that is based on the ex- the program would have paid absent isting payment methodology (that is, the fee schedule for ambulance serv- the non-fee-schedule portion) is up- ices,as follows: dated annually for inflation by a factor (a) 2002 Payment. For services fur- equal to the percentage increase in the nished in 2002, the payment for the CPI-U (U.S. city average) for the 12- service component, the mileage compo- month period ending with June of the nent and, if applicable, the supply com- previous year. The CY 2002 inflation ponent is based on 80 percent of the update factor used to update the 2001 reasonable charge for independent sup- payment amounts is applied to the pliers or on 80 percent of reasonable annualized (average) payment amounts cost for providers, plus 20 percent of for CY 2001. For the period January 1, the ambulance fee schedule amount for 2001 through June 30,2001,the inflation the service and mileage components. update factor is 2.7 percent.For the pe- The reasonable charge or reasonable Mod July 1, 2001 through December 31, cost portion of payment in CY 2002 is 2001, the inflation update factor is 4.7 equal to the supplier's reasonable percent. The average for the year is 3.7 charge allowance or provider's reason- percent. Thus, the annualized(average) able cost allowance for CY 2001, multi- CY 2001 payment amounts used to de- plied by the statutory inflation factor rive the CY 2002 payment amounts are for ambulance services, equivalent to the CY 2001 payment 67 §414.617 42 CFR Ch.IV(10-1-10 Edition) amounts that would have been deter- Time period Regional National mined had the inflation update factor percent percent for the entire CY 2001 been 3.7 percent. 7/1/04-12/31/04 80 20 Both portions of the transition pay- CY 2005 60 40 ment(that is the portion that is based Cr 2006 40 60 on reasonable charge or reasonable CY 2007 eV soon 20 80 cost and the portion that is based on CY 2010 and thereafter 0 100 the ambulance fee schedule) are up- dated annually for inflation by the in- [69 FR 40292,July 1,2004) flation factor described in§414.610(f). 4414.620 Publication of the ambulance (g) Exception. There will be no blend- fee schedule. ed payment allowance as described in paragraphs (a), (b), (c), and (d) of this Changes in payment rates resulting section for ground mileage in those from incorporation of the annual infla- States where the Medicare carrier paid tion factor described in §414.610(f) will separately for all out-of-county ground be announced by CMS by instruction ambulance mileage, but did not, before and on the CMS Web site CMS will fol- the implementation of the Medicare low applicable rulemaking procedures ambulance fee schedule, make a sepa- in publishing revisions to the fee sched- rate payment for any ground ambu- ule for ambulance services that result lance mileage within the county in from any factors other than the infla- which the beneficiary was transported. tion factor. Payment for ground ambulance mile- [67 FR 9132, Feb. 27, 2002, as amended at 72 age in that State will be made based on FR 66402,Nov.27,2007] the full ambulance fee schedule amount for ground mileage. This ex- 4414.625 Limitation on review. ception applies only to carrier-proc- There will be no administrative or ju- essed claims and only in those States dicial review under section 1869 of the in which the carrier paid separately for Act or otherwise of the amounts estab- out-of-county ambulance mileage, but lished under the fee schedule for ambu- did not make separate payment for any lance services, including the following: in-county mileage throughout the en- (a) Establishing mechanisms to con- tire State. trol increases in expenditures for am- bulance#414.617 Transition from regional to services. national ambulance fee schedule. (b)Establishing definitions for ambu- lance services that link payments to For services furnished during the pe- the type of services provided. riod July 1, 2004 through December 31, (c) Considering appropriate regional 2009, the amount for the ground ambu- and operational differences. lance base rate is subject to a floor (d) Considering adjustments to pay- amount determined by establishing ment rates to account for inflation and nine fee schedules based on each of the other relevant factors. nine census divisions using the same (e) Phasing in the application of the methodology as used to establish the payment rates under the fee schedule national fee schedule. If the regional in an efficient and fair manner. fee schedule methodology for a given census division results in an amount Subpart I—Payment for Drugs and that is less than or equal to the na- tional ground base rate, then it is not Biologicals used, and the national FS amount ap- plies. If the regional fee schedule meth- SotmcE:69 FR 1116,Jan.7,2004,unless oth- odology for a given census division re- erwise noted. sults in an amount that is greater than the national ground base rate, then the §414.701 Purpose. FS portion of the base rate for that This subpart implements section census division is equal to a blend of 1842(o) of the Social Security Act by the national rate and the regional rate specifying the methodology for deter- in accordance with the following sched- mining the payment allowance limit ule: for drugs and biologicals covered under 68 0°- RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3300 N. Kenmore • AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL PROPERTY TAX ABATEMENT FOR EW Marine, Inc. DBA Indiana Rotomolding, Inc. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3300 N. Kenmore, South Bend, Indiana, and which is more particularly described as follows: 5/855 Ac Tract E of Kenmore NE 14 NE 14 Sec 28-38-2e and which has Key Number 025-1010-038518, be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council: SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the CommonyCouncil .ii ctd pia CT ?fig gL Filed #n „ office NOV 2- Z012 CITY CLERK, BEND,IN NC.,T A!r'7. . , \\\ 0 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RENEWING AND EXTENDING THE TERM OF THE SOUTH BEND URBAN ENTERPRISE ZONE WHEREAS, the Common Council of the City of South Bend, Indiana, (the "Common Council") has a continuing interest in the economic and community development of the City of South Bend, Indiana (the "City") and its residents; and WHEREAS, the South Bend Urban Enterprise Zone (the "Enterprise Zone"), which is governed by Indiana Code 5-28-15 (the "Act"), was established on January 1, 2004, all pursuant to the Act, and has been active in enhancing and promoting economic and community development within the Enterprise Zone and the City; and WHEREAS, the current designation term of the Enterprise Zone is scheduled to expire on December 31,2013; and WHEREAS, Indiana Code 5-28-15-10(b) of the Act authorizes the Common Council to extend the current term of the Enterprise Zone for an additional five (5) years without application to or authorization by the Indiana Economic Development Corporation; and WHEREAS, it is the desire and intent of the City to extend the current term of the Enterprise Zone to continue for an additional five (5)years until December 31, 2018; and WHEREAS, after being fully advised in the matter, NOW THEREFORE, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST JOSEPH COUNTY,INDIANA, THAT: Section 1. The Common Council finds that the Enterprise Zone facilitates and promotes economic and community development in the City and for its residents and hereby reaffirms its support of the Enterprise Zone. Section 2. The Common Council hereby renews and extended the current expiration date of the Enterprise Zone from December 31, 2013 until December 31, 2018 pursuant to and in accordance with Indiana Code 5-28-15-10(b) of the Act. Section 3. This Resolution and the actions of the Common Council do not limit or restrict the statutory ability of the Enterprise Zone to be renewed by the Board of the Indiana Economic Development Corporation in accordance with Indiana Code 5-28-15-10(c) and -10(d) of the Act. Resolution of Common Council Extending and Renewing Lafayette Enterprise Zone Term Section 4. The City Clerk is hereby directed to file an executed copy of this Resolution with the Board of the Indiana Economic Development Corporation on or before December 1, 2013, pursuant to the Act, and to file this Resolution with the permanent minutes of this meeting. Section 5. This Resolution shall be in full force and effect immediately upon its adoption. • [Remainder of Page Intentionally Left Blank] 2 Resolution Common Council Extending And Renewing South Bend Enterprise Zone Term PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this day of , 2012. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA \- Ia Presiding Officer tignin v3 ,?rnd opporte4 COUld eiCI1 G IN3 tun, Filed in Clerk's Office NOV -9 2012 I JOHN VOORDE CITY CLERK,SOUTH BEND,IN EsEt 3 Resolution Common Council Extending NOT. APPROVW And Renewing South Bend Enterprise Zone Term NDOPTEO, �f 11111.1461miiiir, • •■■r, November 9,2012 Urban Enterprise Association OF SOUTH BEND INC.. Mr.Derek Dieter President South Bend Common Council 227 W.Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Dieter: The attached resolution is submitted pursuant to Indiana Code 5-28-15-10(b) which permits the term of an Indiana Enterprise Zone to be renewed and ▪ extended for an additional five (5)years from the date of its current expiration. { The South Bend Enterprise Zone is approaching its 10th year with an expiration date of December 31, 2013.This resolution would renew and extend the Zone to a new expiration date of December 31,2018. r �v The Urban Enterprise Association of South Bend, Inc. (SBUEA) recommends this ▪ renewal and extension and asks for Council's approval. This recommendation is „ based on the SBUEA's consideration of long term planning and strategy related ak � 4 to three issues: (1)the opportunity for Zone businesses to take advantage of Zone benefits, (2)the ability of the SBUEA to responsibly address the future of fi� k x'$ its facility-the Sample Street Business Complex(SSBC,) and (3)the ability of the SBUEA to attempt to address in some way,opportunities for Zone residents. - % F While tax benefits under a Zone program have changed over time,there remains a group of businesses in the South Bend Zone that continue to take 3 r 4 advantage of benefits,and pay the required fee to the SBUEA. Having said that, the change in benefits and the subsequent decrease in fee revenue for Zones is a significant issue. For South Bend,this revenue is the only source that the SBUEA has to continue the operations and maintenance of the Sample Street Business Complex(SSBC), a multi-tenant facility developed to promote, house, and incubate Zone businesses. The SBUEA knows it cannot depend long term on Zone fees to address any deficit in the operations and maintenance of this facility. To that end the SBUEA has,and will continue to, pursue new ownership for the Complex. The SSBC,originally developed in the late 1980s, has experienced cash flow challenges,still requires SBUEA subsidy to operate and support building repairs/improvements, but continues to be an option for small and start-up businesses. As part of the SSBC's original donation from the Torrington Company/Ingersoll Rand,the SBUEA oversaw significant environmental remediation on the site This negotiated remediation was the responsibility of both parties, however there was never a formal close-out using the State of Indiana's Voluntary Remediation Program(VRP). The SBUEA recently retained services for a review and documented summary of historical environmental work on site,and were pleased to be informed the site is basically"clean". Based on this determination,the UEA made the decision to apply for the VRP. All costs related to the VRP will be paid by the SBUEA. The VRP would be significant in that its product is a review and covenant not to sue certificate from the Indiana Department of Environmental Management (IDEM). For practical reasons the renewal/extension request is necessary as the timeframe of the VRP would extend beyond the current expiration date. Additionally,completion of the VRP and receipt of the certificate would enhance the SBUEA's long term disposition strategy for the SSBC. Due to the significant costs related to operating such a facility,the SBUEA has continued to offer opportunities for direct assistance to Zone residents; however this has been on a very limited basis. It is projected that a change in ownership of the Complex would allow for the remaining resources to be directed towards Zone resident efforts. Attached for your review is:the list of current Association members;a map of the Zone, current revenues,a sampling of activities in the past years, a listing of the current tenants at the SSBC; and, information on some of the successful business operations that started in the Complex. I will be present,with members of the Association,to present this request at the November 26,2012 Council meeting. If there are any questions prior to that time please contact me. Thank you. Sincerely, Pamela C. 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Individual Development Accounts—Assisted 4 persons depositing in accounts for homeownership Became MWBDC fiscal agent 2006 Enterprise Zone Deduction(new State tax benefit)created SSBC-11 new leases and 34 renewals MWBD Director Resigns Micro Enterprise Grant from IEDC New building on Burke building—So.Michigan Street corridor Purchased and landscaped Western Avenue corridor lots 2007 SSBC- 19 new leases 14 renewals/Coordinated MLK Breakfast 2008 SSBC 7 new leases and 14 renewals $75000 donation to KROC Assisted Old Forty Building Supply with process for EZ 1 benefit in order for them to construct 12,000 sq. ft. warehouse Coordinated MLK Breakfast 2009 Legislative effort with Association of Indiana Enterprise Zones(AIEZ and •�., pry Senator John Broden to defeat SB 236 proposing to eliminate EZ Deduction and other benefits Y oP� d ' SSBC-5 new leases 5 renewals,45 tenants—63%leased 411 3, Considered RAITT proposal for SSBC .. 1' Administered 3 Western and 1 Miami facade grants Partnered with SBHA on IDA program committed$2400 for 6 residents 2010 Legislative effort to assist in defeating SB 589 proposing to eliminate EZ Deduction and other benefits SSBC 10 renewals;74 leases for 40 tenants-52%leased LOI w/RAITT-Negotiated Purchase Agreement 2011 SSBC-7 renewals-55%of facility units leased;free/reduced space for MAACC and Bridges for Digital Excellence RAITT declines purchase of SSBC Phase II Environmental Assessment completed 2012 Indemnity Agreement/IRF for sewer work VRP application submission and acceptance VRP Process started Masonry,fire suppression,HVAC capital items accomplished • 0 O CO CO M 0 1- a- CO N N C. V1 I- U) N L N O O O CO e- e- CV C E 'C O H C) M I- 00 co f- co Q .a N V' M N N z t C.) C co as O O v- 3 i .o W co c0 0 M Nco MO Z t CO O Q 0 d N ° E • a W a� • O N O O O 4) >+ N ts CO r, 0) CO CO .0 C 0 N CO 00 in N O Q w d N E C y W H C O N i a 0 0N0 -4- t-- 0 0 o O 1 Oa N N N N N N N CA W N Ce O d O a N ▪ o UJ co N c E a E 1-1-1 DCON .i1 IIIL I111i1iL IAA/14. SOUTH BEND URBAN ENTERPRISE 111.1111111111111111rh ASSOCIATION MEMBERS & STAFF �� August 2011 Urban Enterprise! Association OF SOUTH BEND INC. VACANT Appointed by: Common Council* Term: 1/1/2012-12/31/2015 RESIDENT VACANT Appointed by: Common Council Term: 1/1/2012-12/31/2015 BUSINESS • VACANT Appointed by: Common Council* Term: 1/1/2012-12/31/2015 RESIDENT Sanita Davis Appointed by: Mayor CUTrageous Term: 1/1/2012-12/31/2015 = 2921 W. Sample St. BUSINESS South Bend, IN 46619 Phone: (574)532-2823 , } cutrageous(d,prodigy.net �<�k Scott Ford Appointed by: Mayor ,.� Department of Community Investment Y City of South Bend Tenn: 1/1/2012-12/31/2015 s - ,: ;7 ` 227 W.Jefferson Blvd. COMMUNITY INVESTMENT DEPT. South Bend,IN 46601 Phone: (574)235-9375 Fax: (574)235-9021 m u sford @southbendin.gov Dan Brewer Appointed by: Mayor • Attorney at Law Term: 1/1/2012-12/31/2015 107 South Greenlawn AREA PLAN COMMISSION South Bend,IN 46616 Phone: (574)234-5088 Ex.130 Mobile: (574)274-2873 dbrewer(cutrini tyschools.org *Common Council Resident Appointments must be representative of both political parties. South Bend Urban Enterprise Association Members & Staff Page 2 Linus Slavinskas, Treasurer Appointed by: Mayor River Bend Hose Term: 1/1/2012— 12/31/2015 1111 S. Main Street BUSINESS South Bend, IN 46601 Phone: (574)233-1133 Fax: (574)282-2244 Islavinskas@riverbendhose.com Karen White, Vice Chairman Appointed by: Common Council South Bend Common Council Term: 1/1/2012-12/31/2015 400 County-City Building COUNCIL South Bend,IN 46601 Phone: (574)235-5985 kwhite@SouthBendIN.gov kwhite(ii!iusb.edu Vacant Appointed by: Mayor Term: 1/1/2012-12/31/2015 RESIDENT Matt Buczolich Appointed by: Mayor Union Local 172 Term: 1/1/2012-12/31/2015 51807 N. Mayflower Rd. LABOR South Bend, IN 46628 Phone: (574)272-0165 Cell: (574)298-6365 David Behr Appointed by: Governor Indiana Economic Dev. Corp. Term: 1/1/2012-12/31/2015 209 N. Main Street, Suite 202 DEPT. OF COMMERCE South Bend, IN 46601 Phone: (574)288-6834 Cell: (574) Rep. B. Patrick Bauer Appointed by: Governor 1307 Sunnymede Avenue Term: 1/1/2012-12/31/2012 South Bend, IN 46615 LEGISLATOR (574)234-4318 or: STATE HOUSE 200 W. Washington Street Indianapolis,IN 46204 1-800-382-9842 H6@ai.org South Bend Urban Enterprise Association Members & Staff Page 3 STAFF Pamela C. Meyer Executive Director 227 W. Jefferson Blvd. 1200 County-City Building South Bend,IN 46601 Phone: (574)235-9660 pmeyer@SouthBendIN.gov Donald Inks Chris Nesbitt Director of Economic Resources Fiscal Officer 227 W. Jefferson Blvd. 227 W. Jefferson Blvd. 1200 County-City Building 1200 County-City Building South Bend, IN 46601 South Bend,IN 46601 Phone: (574)235-9371 Phone: (574)235-5838 dinks@SouthBendIN.gov cnesbitt(i SouthBendlN.gov SSBC/CBREB Vickie Sutton 3702 W. Sample South Bend, IN 46619 Phone: 574-288-9162 Fax: 288-4753 vsutton@.CBRESB.com SSBC Tenant Leasing Report Historical Abstract Primary Time Period reported on from 1/1/2000 through 12/31/2011 The multiple tenant name posts reflect multiple units being rented during this period. Total Number of Tenants leasing space in SSBC during this time period 156 Total Number of Units occupied at SSBC during this time period 318 Tenant Occupancy Start/End #of Comments Period Size Employees Campus Community/ 05/04--3/06 3,600 to over Approx 12- Purchase: 55740 Currant Road, Mishawaka 282,000 sf Better World Books 60,000 440+ facility(AV$2,175,000).Also multiple other retail location in region. International-Also have 40 employees in Scotland whse. http://www.betterworldbooks.com/info.aspx?f=our impact z3oc,l;r..a mat ,.i 6,583;489 I n;as aiticdf» Iiicvits <. lib?<<ries ' (2,968174.70• c ttsc„'t> >t(\d(( 93,502,209 **as of 9/05/12 Control Development 10/93—3/99 Purchased or Leased 2633 Foundation Dr,South Bend E.V.S 07/94-Current 1,800 to over 2 up to 20 Have become a$4M company,celebrating 20 years in 13,000 sf currently business. Engineered Windows 01/07--Current 3,600 up to 6-8 Came in as a Start Up. 2012 has become their most 4,800 successful year to date on positive cash flow. Habitat For Humanity 10/08—07/11 5,000 Remote whse Temporary storage for House Builds while South Bend ReStore facility(2411 S.Main Street,South Bend)was purchased,with a total investment over$650,000. Industrial Door 08/01—06/10 3,800 Built a new building at 3839 S.Main Street,South Bend(AV $448,300) IntergraTec 01/04--Current 4,000— 2 up to 20+ Started with 2 machines,now have invested more than Machining, LLC 26,000 (currently) $1.5M in CNC machines and equipment. JMS Engineering 09/94-04/01 Up to 10,000 Purchased 5575 US 933,South Bend(AV$1,010,700), Plastics,LLC Currently operating over 26 molding machine www.imsep.com Maverick Packaging 08/99 -08/04 12,000 24+ Purchased 3505 Reedy Dr.,Elkhart(AV$530,500) RiverBend Hose 04/00—12/02 8,000 Used as a satellite whse for specialty hose assembly,this division grew and Company ended up expanding and purchasing 700 Lafayette($800,000) South Bend Chemical 12/96-06/06 2,00 up to Purchased 730-736 S.Michigan St.,South Bend sale procie 4,250 $110,00 (AV$72,100) The Natural Way 03/07-05/12 1,000 Used as excess inventory whse,permitted company to expand into 2"d store. University of Notre 12/07—09/10 8,600 Was used as a remote whse for archive material while the Dame Law Library was renovated&expend. SSBC has worked with the following tenants to either provide donated space to assist with the short term space requirements -Red Cross -Christmas In April -Summer Shakespeare -Habitat For Humanity -My Ranch Food Pantry -South Bend Table Tennis -POP Warner -MAACC - PROPERTY: • UNIT SQUARE FEET LEASE TERM OCCUPANT REFERENCE NAME NUMBER FROM TO A NATURAL HIGH 275-02201A-F0 720 11/10/2005 11/30/2007 A&M MOLD,INC 275-MI 104-FO 2,062 07/01/1 999 08/31/2004 A&M MOLD,INC. 275-W105-FO 180 09/01/1999 08/31/2004 ADAMS MANCO 275-01002B-FO 140 10/01/2011 09.30/2012 ADMIRAL POWERWASH 275-W104-FO 180 07/01/2000 03/30/2001 ADVANCE SURFACES 275-W3036B-FO 1,008 05/01/2007 04/30/2008 ADVANCED CRYOG*NIC TECH., 275-MII20-FO 1,200 02/01/2001 01/31/2004 ADVANCED CRYOGENIC TECH., 275-M 1120A-FO 1,200 02/01/2001 01/31/2004 ADVANCED WATER TREATM EN-275-02203C-FO 182 0201/2006 01/31/2007 ADVANCED WATER TREATMEN"275-02204B-FO 266 02/01/2006 01/31/2007 AFFORDABLE SYSTEMS 275-MA106-FO 1,468 01/01/2003 12/31/2004 AFFORDABLE SYSTEMS 275-W1101-FO 252 01/01/2003 12/31/2004 AFP LIFE SAFETY SYSTEMS 275-W 105-CU 180 10;01/2008 09/30/2009 AFP SAFETY SYSTEMS 275-01005-CU 150 12/17/2007 12/31/2008 ALEXANDER EXPRESS JANITOR]275-02207-FO 0 AMERICAN FITNESS WHOLESALI275-W3039-FO 1,500 02/01/1998 02/28/1998 AMERICAN RED CROSS 275-W3036B-CU 1,120 09/01/201(1 08/31/2011 ATLAS MARTIN 275-02207A-F0 168 02/10/2001 07/31/2001 ATLAS MARTIN 275-W3063-FO 250 02/10/2001 07/31/2001 BAKER INSTALLATIONS 275-M4060A-FO 4.163 03/01/2003 02/28/2004 BB ORGANICS 275-W3033-FO 250 08/01/2002 12/31/2004 BEEBE CABINET COMPANY 275-W3035-FO 1,191 04/01/2001 12/15/2001 BK GRAPHICS 275-M1101-FO 2,400 02/01/1995 01/31/2003 BK GRAPHICS 275-M1103-F0 1,800 02/01/1995 01/31/2003 BK GRAPHICS 275-W100-F0 180 05/01/1999 01/31/2003 BK GRAPHICS 275-W101-F0 180 05/01/1999 01/31/2003 BK GRAPHICS 275-W102-F0 180 05/01/1999 01/31/2003 BK GRAPHICS 275-W103-F0 180 05/01/1999 01/31/2003 . BURNS ELECTRIC 275-02210-FO 400 09/01;1996 08/31/2000 C&M ANODIZE&BLACK OXIDE 275-M4052-CU 1,005 05/01/2007 04/30/2008 CALEB CO. 275-02223-FO 0 CAMILLE TAVORN/FOOT FETISI 275-01005E-F0 150 02/10/2006 02/28/2007 CAMPUS COMMUNITY 275-4052CX-FO 2,223 06/01/2005 CAMPUS COMMUNITY 275-4055-FO 0 06/01/2005 CAMPUS COMMUNITY 275-4056-FO 0 06/01/2005 CAMPUS COMMUNITY 275-M3040-FO 1,782 07/01/2005 CAMPUS COMMUNITY 275-M4045B-FO 3,549 06/01/2005 CAMPUS COMMUNITY 275-W3036A-F0 4,750 I1/01/2005 CAMPUS COMMUNITY 275-W3039B-FO 1,508 06/01/2005 CAMPUS COMMUNITY 275-W4047B-F0 1,800 06/01/2005 02/28/2006 CAMPUS COMMUNITY 275-W4048C-FO 1,600 06/01/2005 02/28/2006 CAMPUS COMMUNITY 275-W4057A-FO 750 06/01/2005 CAMPUS COMMUNITY 275-W5010A-F0 12,000 06/01/2005 CAMPUS COMMUNITY 275-W5010B-FO 12,000 08/01/2005 02/28/2006 CAMPUS COMMUNITY 275-W6000-FO 1,400 07/01!2005 CAMPUS COMMUNITY OUTREA(275-M4060B-FO 4,163 05/01/2004 02/28/2006 CAMPUS COMMUNITY OUTREA(275-W4047A-FO 1,600 07/01/2005 CAMPUS COMMUNITY OUTREA(275-W4048B-FO 1,800 07/01/2005 CAMPUS COMMUNITY OUTREA(275-W4058B-FO 4,780 05/0I/2004 02/28/2006 CAMPUS COMMUNITY OUTREA(275-W4059A-FO 4,343 05/01/2004 02/28/2006 CAMPUS COMMUNITY OUTREA(275-W4061-F0 8,700 05/01/2004 02/28/2006 CAMPUS COMUNITY OUTREACH 275-W4049B-FO 4,536 03/01/2005 02/28/2006 CANNON BUILDERS 275-022038-FO 182 05/06/2005 CANNON BUILDERS 275-W3033A-FO 250 06/01/2005 CLEAN AIR 275-02233-FO 1,615 10/01/2000 CM LENTYCH 275-02211-CU 260 05/01/2004 04/30/2005 COMMUNITY TRANSIT LLC 275-02204C-FO 266 09/15/2006 09/30/2007 CONSPECT SERVICES 275-02208-CU 203 08/01/2003 12/31/2007 CONSPECT SERVICES 275-02209-CU 112 08/01/2003 12/31/2007 CONSPECT SERVICES 275-02210A-FO 367 01/01/2002 12/31/2002 CONSPECT SERVICES 275-02212-FO 260 12/01/1996 11/302000 CONSPECT SERVICES 275-02215-FO 120 12/01-1996 11/30/2000 CONSPECT SERVICES,INC 275-W2200-CU 7 01/01/2006 12/31/2007 CONSPECT SERVICES,INC 275-W2213-CU 22 01/01/2006 12/31/2007 CONSPECT SERVICES,INC. 275-02215A-F0 120 01/01/2002 12/31;2002 CONTROL DEVELOPMENT 275-01002-FO 140 10/01/1993 02/28/1999 CONTROL DEVELOPMENT 275-01003-FO 140 10/01/1993 02/28/1999 CONTROL DEVELOPMENT 275-01004-FO 1,268 10/01/1993 02/28/1999 CONTROL DEVELOPMENT 275-01004A-FO 144 10/01/1993 02.'28/1999 CONTROL DEVELOPMENT' 275-01005-FO 144 10/01/1993 02/28/1999 CONTROL DEVELOPMENT 275-01006-FO 140 CONTROL DEVELOPMENT 27.5-01009-FO 133 COOPER'S CRAFTS 275-M113I-CU 1,212 03./01/2003 01/31/2005 DATA CENTER SERVICES 275-M4042-FO 545 04./01/1998 07/31/2001 DESIGN PACKAGING 275-W1115-F0 5,000 09/01/1999 08/31/2000 DESIGNERS DEPOT 275-W3036C-FO 596 09/01/2007 03/31/2008 DESIGNER'S DEPOT 275-M1130B-FO 600 04/01/2008 03/31/2009 Diamond 275-W3042A-FO 1,200 (14/01/2006 03/31/2008 DIAMOND ENVIROMENTAL 275-MA I06A-FO 1,468 08/01/2009 07/31/2010 DIAMOND ENVIRONMENTAL 275-02210C-FO 367 03/08/2004 03/31/2008 DIAMOND ENVIRONMENTAL 275-W3035D-FO 595 06/29/2009 07/31/2010 DIAMOND ENVIRONMENTAL 275-W4055X-FO 348 (13/08/2004 03131/2008 DIAMOND ENVIRONMENTAL S 275-W 108A-FO 180 07/01/2003 06/30/2004 DIAMOND ENVIRONMENTAL SV,275-02226-FO 312 07/01/2003 06/30/2004 DORIS SMITH 275-W4046-CU 527 08/01/2006 07/31:2007 DR LONGXIA LI 275-W3033C-FO 250 01/21/2009 12/31/2009 DREAM WERKS,LTD 275-M4051-FO 7,651 01/01/2003 10/31/2003 DUCTS UNLIMITED 275-M3044A-FO 637 08/01/2001 07/31/2002 DUCTS UNLIMITED 275-M3044B-FO 30 08/01/2001 07/31/2002 DUCTS UNLIMITED 275-W104A-FO 150 08/01/2001 07/31/2002 DURAMOLD INC 275-MI104C-FO 2,062 12/01/2008 11/30/2009 E.V.S. 275-W3033B-FO 250 01/01/2006 04/30/2007 E.V.S. 275-W3039C-FO 1,508 05/01/2006 04/30/2007 Eagle Precision Gear 275-M4060C-FO 4,163 11/15/2006 11/30/2007 ECONOMY OFFICE PLUS 275-M4062-FO 6,400 . 02/0112000 01/31/2002 ECONOMY OFFICE SUPPLY 275-W3037B-FO 250 02/01/2001 01/31/2002 EGLESTON MANUFACTURING 275-M4062A-FO 5,800 12/01/2002 11/30/2004 ELECTRONIC SECURITY PATROL 275-01004B-FO 154 02/01/2003 01/31/2004 ELECTRONIC SECURITY PATROL 275-01005A-FO 150 02/01/2003 01/31/20(14 EM BLACK OXIDE 275-M4052D-FO 1,005 04/01/2005 04/30.2007 ENGINEERED INTERIOR WINDOV275-MI 133-CU 4,800 02/01/2007 08/31/2009 ENGINEERING WORKS 275-W106-FO 180 06/01/2002 05/31/2003 EVA PATTERSON,C.S 275-02219-FO 143 08x01/2002 07/31/2003 EVS 275-M1119-CU 1,276 06/01/2010 05/31/2013 EVS 275-M1120-CU 1,200 06/10/2010 05/31/2013 EVS 275-MI122-CU 1,521 06/01/2010 05/31/2013 . EVS 275-M1 I22A-CU 260 06/01/2010 05/31/2013 EVS 275-M 1122B-CU 180 06/01/2010 05/31/2013 EVS 275-MI 123-CU 1,800 06/01/2010 05/31/2013 EVS 275-M1123-F0 1,800 11/01/2002 10/31/2007 EVS 275-MI 134-CU 1,209 . 10/01/2010 05/31/2013 EVS 275-MI 135-CU 1,190 06/01/2010 05.!31:2013 EVS 275-MI 135 B-FO 0 11/01/2002 10/31/2007 EVS 275-W1134-F0 1,2(19 11/01/2002 11.30/2007 EVS 275-WI l RR-FO 245 11/01/2002 11/30/2007 EVS 275-W3034-CU 780 06/01/2010 05/31/2013 EVS 275-W3037C-FO 1,687 EVS 275-W3037D-FO 1,687 1//10/2010 05/31/2013 EVS 275-W3038-CU 2,528 06./01/2010 05/31/2013 EXECUTIVE SECURITY&PRIV IA 275-02202-FO 110 01/0 1/2003 07/31/2004 EXECUTIVE SECURITY&PRIV 11N 275-02203-FO 182 01/01/2003 07/31/2(104 EXECUTIVE SECURITY&PRIVA1275-02203A-FO 182 10/01/2003 07/31/2004 EXEXUTIVE SECURITY&PATRO 275-01004C-FO 144 08/01/2003 07/31/2004 EXEXUTIVE SECURITY&PRIVA1275-010036-FO 140 08/01/2003 07/31/2004 EXEXUTIVE SECURITY&PRIVA 1275-010058-FO 150 10/01/2003 07/31/2004 EXPERT OPTICS 275-M 1 132-CU 1,64(1 06/01/2007 11/30/2012 EXPERT OPTICS 275-W I 120B-CU 72 06/01/2004 11/30/2012 EXPERT OPTICS 275-W 1120B-FO 72 04/01/2002 05/31/2003 EXTREME CLEAN,INC. 275-M4042A-FO 695 06/01/2003 05/31/2004 FIREHOUSE NEON 275-M 1106-CU 1,200 06/01/2009 05/31/2010 FOOT FETISH/CAMILLE TAVORN 275-01009A-F0 133 04/01/2006/2006 FORBES OFFICE EQUIPMENT . 275-MA105-CU 360 01/01/2007 12/31/2008 FORBES OFFICE EQUIPMENT 275-W1010-CU 90 01/01/2006 12/31/2008 FORBES OFFICE MACHINES 275-W107-FO 18(1 01/01/2003 12/31/2003 FORBES OFFICE MACHINES 275-W 107A-F0 180 01/01/2007 12/3I/2008 HABITAT FOR HUMANITY OF ST 275-W5000A-FO 5,000 08/01/2008 10/31/2008 HAMPTON INDUSTRIAL SVC,INC 275-M4045-FO 3,549 05/01/2002 04/30/2003 HARDRICT TECHNOLOGY COMN 275-02224A-FO 312 03/01/2006 HEALTH TECH 275-02224-FO 312 05/01/1996 05/31/1996 INCA QUALITY FOODS INC 275-M1130-F0 0 INDUSTRIALAUTOMATORS 275-02242-FO 155 07/01/2000 07/31/2000 INDUSTRIALAUTOMATORS 275-W4048-FO 1,800 07/01/2000 • 07/31/2000 INDUSTRIAL DOOR 275-M4065-FO 266 01/012007 12/31/2008 INDUSTRIAL DOOR 275-W3036D-FO 2,375 04/01/2007 12/31/2008 INDUSTRIAL DOOR OF NORTHEF 275-M404IA-FO 1,600 12/01/2004 12/31/2008 INDUSTRIAL DOOR OF NORTHEF 275-W4057-FO 750 11/01/2003 10/31/2004 INDUSTRIAL DOOR OF SOUTH BI 275-02212A-F0 260 11/01/2003 10/31/2004 INTEGRA TEC 275-W6000B-FO 720 06/01/2006 06/30/2008 INTEGRA TECH 275-W6000A-FO 1.400 06/01/2006 06/30/2008 INTEGRA-TEC LLC 275-M4053A-CU 4,000 03/01/2010 08/30/2013 INTEGRA-TEC LLC 275-M4053B-CU 1,400 0301/2010 08/30/2013 INTEGRATEC MACHINING.LLC 275-M4045A-F0 3,549 03(11/2005 04/30'2005 INTEGRATEC MACHINING,LLC 275-M4062-CU 5.000 03/01/2010 08/30/2013 INTEGRE-TECH LLC 275-M4062B-CU 800 03/01/2010 08/30/2013 INTETRA-TEC,LLC 275-W6200-CU 3,000 03/01/201(1 08/30/2013 IT NETWORK 275-02200A-F0 25 03/01/1998 02/28/2001 IT NETWORK 275-OROOF-FO 25 03/01/1998 02/28/2001 ITTI CORP 275-MAIL-FO 0 12/06/2006 JAM ILA RICHMOND 275-01007B-F0 130 0301/2006 03/31/2007 JIM SLOAN 275-M1128-F0 600 • 07/01/2007 06/30/2008 JOHN COURT AFLAC INSURANC1275-01005C-FO 150 11/01/2003 10/31/2004 JOHN MARSHALL 275-M4043A-FO 1,416 05/01/2005 04/302007 JOSEPH&ASSOCIATES INC 275-M5010-FO 6,400 08101/2001 10/31/2004 JUDAH ENTERPRISES,INC 275-02210B-FO 367 0201/2003 10./26/2003 KEN KOBB 275-02244-F0 77 12/09/1997 - 10/31/1998 KOATINGS 275-M1104A-F0 2,062 12/01/2002 05/31/2004 KOLLEEN SOBIERALSKI 275-01006C-FO 168 08/01/2007 07/31/2009 KONE,Inc. 275-W4056-CU 750 12/01/1999 10/31/2001 KRC ROOFING&SHEET METAL 275-MI 121-CU 1,580 03./(11/2008 01/31/2012 KRC ROOFING&SHEET METAL 275-02205-CU 287 03/01/2008 01/31/2012 KRC ROOFING&SHEET METAL 275-02207-CU 168 03/01/2008 01/31/2012 KRC ROOFING&SHEET METAL 275-W3042-FO 1,200 02/01/2004 01/3112006 KRC ROOFING&SHEET METAL 275-W4050-CU 1,000 03/01/2008 01/31/2012 KRC ROOFING&SHEET METAL 275-W4050-FU 1,000 02/01/2003 01/31/2004 KRC ROOFING&SHEET METAL 275-W4080-FO 1,225 10/01/1999 10/31/1999 KRUK ELECTRIC 275-M3044A-CU 637 04/01/2009 09/30/2011 KRUK ELECTRIC 275-M4043-CU 1,416 04/01!2009 09/30/2011 KRUK ELECTRIC 275-M4044-CU 1,400 04/01/2009 09/30/2011 KRUK ELECTRIC 275-WI06A-FO 180 10/01/2003 (19/30/2004 KRUK ELECTRIC 275-W 108B-FO 180 03/19/2004 09/30/2(05 KRUK ELECTRIC 275-W4047A-CU 700 04/01/2009 09/3(1/2011 L&M 275-WI 101 A-FO 205 12/0I/2008 11/30/2009 L&M JANITORIAL 275-W 105B-FO 180 12/01/2005 11/3012007 L&M JANITORIAL 275-02202-CU 110 12/01/2009 1 1/30/2011 L&M JANITORIAL 275-02203E-FO 182 12/01/2006 11/30/2007 L&M JANITORIAL 275-02222A-FO 96 11/2012002 1 1/30/2003 L&M JANITORIAL 275-W 104-CU 150 12/01/2009 11/30/2011 L&M JANITORIAL 275-W105C-FO 180 12/01/2005 11/30/2007 L&M JANITORIAL INC 275-02203D-FO 182 12!01/2006 11/30/2007 LASALLE PARK HOMES 275-W106-CU 180 07/01/2008 06/30/2012 LAWN MEDIC 275-0221213-F0 260 03/19/2007 03/31/2(108 LAWN MEDIC 275-02248B-FO 238 04/18,2001 LEIGHTON PLAZA 275-M4042-CU 695 08/30/2004 08/31/2012 LESKO INDUSTRIES 275-02223A-FO 110 06/01/2003 10/31/2003 LESKO INDUSTRIES 275-W4055A-FO 696 11/01/2002 10/31/2003 LIFE SPAN COUNSELING 275-02256-FO 168 07/01/2000 07/31/2000 LM MACHINE 275-M4044-FO 1,400 04/01/2000 03/31/2001 LOV'N WOOD MANUFACTURING 275-M4060-FO 4,163 01/01/2002 12/31/2002 LOV'N WOOD MANUFACTURING 275-W4058-FO 5,923 01/01/2002 12/31/2002 LOV'N WOOD MANUFACTURING 275-W4059-FO 2,843 01/01/2002 12/31/2002 M&F ENGINEERING 275-MII26-FO 1,800 02/01/1998 01/31/2000 M.A.A.C.Property Service 275-W4058C-FO 1,400 1 1/01/2006 04.'30/2007 MACHINE TOOLS OF INDIANA 275-01007C-FO 130 12/01!2007 05/31/2008 MARY LIFTER 275-OIOOIA-FO 127 03/(11/2009 02/28./2010 MAVERICK PACKAGING 275-M4052B-FO 4,968 11/01/2002 12'31;2003 MAVERICK PACKAGING 275-M4053-FO 4,400 I I!0112003 10./31/2004 MAVERICK PACKAGING 275-W4047-FO 1,600 11/01/2002 1031/2003 MAVERICK PACKAGING 275-W4048A-FO 1.800 11/01/2002 10/31/2003 MAVERICK PACKAGING 275-W4049-FO 4,536 11/01/2002 10/31/2004 MAVERICK PACKAGING 275-W4049A-FO 700 MAVERICK PACKAGING 275-W4054-FO 4,130 11/01/2002 10/31/2(104 MAVERICK PACKAGING 275-W4064-FO 3,650 02/01/2003 10/31/2004 MET LIFE 275-01006A-F0 168 02/01/2004 01/31/2005 METAMORPHOSE CORPORATIOA 275-M 1 130-CU 1,200 03;14/2011 MEYERS HARDWARE 275-M4041-FO 1,600 01/01/2003 12/31/2003 MEYER'S HARDWARE 275-M 1130A-FO 1,200 01/01/2004 12/31/2005 MFB BANK 275-M4062B-FO 5,000 12'01/2004 MICH AFRICAN AMER CHAMBEF 275-MA 106-CU 1,468 12/01/2010 01/31/2011 MICHIANA AFRICAN AMERICAN 275-MI124-CU 2,740 05/202011 05/31/2012 M IC H IAN A HOT GLASS 275-M4043-FO 1,416 0201/2001 01/31/2005 MICHIANA MAINTENANCE SUPP 275-W3038-FO 1,500 09/01/1996 12/31/2000 MICHIANA POP WARNER 275-01003-CU 140 03/01/2007 03/01/2008 MICHIANA POP WARNER 275-W4057A-CU 5(10 03/01.2007 03/01/2008 MICKEY'S LINEN&TOWEL SUPP 275-M4052A-F0 4,968 03/01/2000 02/28/2001 MIKE HARMON 275-W102A-F0 180 04/16/2008 09/152008 MISCO SHAWNEE,INC. 275-W3037A-FO 700 11/01/2000 04/30/2001 MITCHELLS MACHINE PAINTING 275-M1129-F0 1.800 12/01/2001 11/30/2002 MY RANCH INC 275-M1 102-F0 2,400 07/15/2009 09/30/2010 NEBULA ENTERPRISES LLC 275-MI101A-FO 2,400 1 1/19/2007 12/31/2009 NEBULA ENTERPRISES LLC 275-MI 103A-FO 3,000 11/19/2007 12/31/2009 NEIGHBORHOOD BUSINESS DEV 275-01101-F0 0 NEO BRAKE 275-W3039A-FO 1,500 01/01/2003 12/31/2003 NEO BRAKES 275-W4058A-FO 4,780 02/01/2003 01/31/2006 NEOBRAKE SYSTEMS 275-M4051-CU 4,780 05/01/2006 04/30/2009 NORTHERN INDIANA HAMCO 275-01006-CU 168 NORTHERN INDIANA HAMCO 275-W 103-CU 180 O.J.SHOEMAKER LINK SERVICE 275-W3035A-FO 1,191 01/01/2003 06/30/2003 ON ANGELS WINGS 275-01006B-FO 168 12/01/2006 11/30/2007 PACKAGING PARTNERS 275-MI124-FO 2,740 08/01/2007 12/31/2008 PACKAGING PARTNERS 275-W3037-FO 1,687 08/0I/2007 12/31/2008 PANGAEA INDUSTRIES 275-M4060-CU 4,I63 08/23/2010 12/31/2012 PEOPLE LINK,LLC 275-MI 108-CU 1,200 09/01/2008 09/30/2012 PEOPLE LINK,LLC 275-M404I-CU 1,600 10/01/2011 09/30/2012 PEOPLE LINK,LLC 275-W102-CU 180 12/01/2011 11/30/2012 PINNACLE SUPPLY,INC. 275-M1107-FO 1,200 01/01/2000 12/31/2000 PRECISION ENGINE LLC 275-M3040-CU 1,782 01/01/2008 12/31/20(19 PRECISION VINYL 275-01000-CU 247 08/15/2009 02/28/2011 PUBLIC IMAGE 275-MI107-CU 1,190 07/01/2008 06/30/2009 PUBLIC IMAGE 275-W101A-FO 180 07/01/2008 06/30/2009 QUALITY INSPECTION&CONTA1275-M4052C-FO 2.185 08/01/2003 07/312004 R&R REGULATORS 275-W3038A-FO 1,560 01/01/2003 12/31/2004 R&R REGULATORS 275-W4057D-FO 500 06/01/2006 05/31/2007 R&R REGULATORS 275-W5000-FO 3A00 01/01/2003 12/31/2004 RACO 275-01005D-FO 150 01/01/2005 07/31;2006 RACO 275-01007A-F0 130 01/01/2005 07/31/2006 RACO 275-02201-F0 1,268 11/01/2004 07/31/2006 RACO 275-02204A-F0 266 . 01/01/2005 07/31/2006 RAMONA SMEDLEY 275-02210D-F0 367 09/01/2010 08/302011 RAY WOLFF 275-M4051 A-F0 3,000 01:012004 03/31/2005 RAY WOLFF/STRATIKORE 275-M 1127A-FO ' 1.800 07/01/2008 06/302010 REALM PRODUCTS INC 275-W3035C-FO 595 04/01/2008 03/31/2009 RECOVERCARE MEDASTAT USA 275-M 1128A-FO 900 08/01/2008 07/31/2009 REFLECTIONS,INC. 275-01003C-FO 140 03/01/2004 07/31/2005 RICHARD SEQUEIRA 275-02218-FO 125 08./01/2002 07/31/2003 RIVER BEND HOSE 275-W 105A-F0 180 12/01/2001 11/30/2002 RIVER BEND HOSE 275-W4090-FO 8,000 04/15/2000 05/14/2000 ROBERT BRADLEY 275-01110-CU 234 01/01/2010 12/31/2012 ROBERT BRADLEY 275-02240-F0 200 01/01/2010 12/31/2012 ROBERT BRADLEY 275-W3030-CU 750 01/01/2010 12/31/2012 ROBERT BRADLEY 275-W4020-FO 1,110 01/01/2010 12/31/2012 ROD WISSER AGENCY 275-01007-FO 130 01!01/2003 10/31/2003 ROSE MARVIN 275-MI I04B-FO 2,062 10/01/2004 09/30/2005 . RUTH PERRY 275-01001-F0 127 03/01/2005 02/28/2006 RWT CERAMICS 275-M 1120C-F0 180 07/01/2000 07/31/2000 SAFETY FIRST SECURITY 275-02204-FO 266 10/0112002 09/30/2003 SAFETY FIRST SECURITY 275-02217-FO 123 10/01/2002 11/30/2004 SAM WRIGHT CONSTRUCTION 275-02228-FO 150 06/01/2001 05/31/2002 SCHOOL BOOK CENTER 275-MI 127-FO 900 08/01/2004 07/31/2006 SCORE 275-01010-FO 140 SIGN CREATIONS LLC 275-M4052C-CU • 2,223 04/01/2008 03/31/2009 SOUTH BEND CHEMICAL 275-OI000A-FO 280 06/01/2004 05/31/2005 SOUTH BEND CHEMICAL 275-W3036-FO 4,750 06/01/2004 05/31/2005 SOUTH BEND FIRE DEPARTM EN"275-W108-FO 180 06/01/2002 05/31/2003 SPICE FOR LIFE 275-MI 111-F0 1,200 03/03/2000 02/28/2003 STAR MED CARE 275-02201A-CU 750 10/01/2008 09/30/2009 SUMMER SHAKESPEARE-NOTRE 27.5-MII06-FO 1,150 03/01/2002 02/28/2004 SUMMER SHAKESPEARE-NOTRE 275-M 1108-FO 1,200 03/01/2002 02/28/2004 TABLE TENNIS 275-M4061-FO 8,043 12/01/1996 05/07/2001 THE NATURAL WAY 275-W3036C-CU 1,000 01/01/2008 03/01/2010 THE SHARPENING COMPANY 275-MI 105-CU 1,200 09/01/2008 02/28/2010 THE SHARPENING COMPANY 275-01001-CU 127 03701/2011 02/28/2015 THE SHARPENING COMPANY 275-W100-CU 180 09/01/2008 02/28/2010 TK FINISHING 275-M4045-CU 1,775 03/20/2006 03/31/2008 TOM WEIS PHOTOGRAPHY 275-02222-FO 96 07/01/2000 07/31/2000 TRIANGLE MACHINE 275-MI125-CU 1,800 07/01/2007 12/31/2008 TRIANGLE MACHINE 275-MI126-CU 450 07/01/2008 12/31/2008 UNIQUE PLASTICS 275-M4052-F0 5,232 09/01/1995 11/30/1998 UNITED PRODUCT SALES 275-02229-FO 130 02/01/2001 01/31/2002 UNITED PRODUCTS 275-02205-FO 287 01/01/1997 01/31/2002 UNIVERSITY OF NOTRE DAME 275-W4061A-FO 8,600 12/01/2007 08/31/2010 URBAN ENT.ASSOC.(CAP) 275-MI 011 B-F0 0 URBAN ENT.ASSOC.(OP) 275-M 1011-FO 0 USA HOME SCENTS 275-M1 133-FO 6,808 05/01/2001 10:31/2001 USA HOME SCENTS 275-W1118-FO 1,310 07/01/2001 USA HOME SCENTS 275-W1119-F0 1,310 08/01/2001 VALUE FREIGHT SERVICES 275-W4055-F0 696 06.'15/2000 06/14/2001 VAN HORNE&CO 275-W 108-CU 180 06/01.2008 05/31/2009 VAN HORNE&CO INC 275-M 1129A-FO 1,800 01/01/2007 06/30/2009 WELCOME HOME INVESTMENTS 275-MI 110-CU 1,200 09/01/2008 08/31/2009 WELCOME HOME INVESTMENTS 275-WI03A-FO 180 09/01/2008 08'31/2009 YINNEL TECH 275-01000-F0 280 05/01/2002 07/31/2004 YINNELTECH 275-01002A-F0 140 08/01/2005 07/31/2007 YINNEL TECH 275-01003A-F0 140 05/01/2002 07/31/2004 YINNELTECH 275-01004D-F0 144 08/01/2005 07/31/2007 YINNEL TECH,INC 275-M1110-FO 1,200 08:01/2005 02/28/2007 YINNEL TECH,INC 275-MI 109-FO 1,188 08/01/2005 02/28/2007 YINNEL TECH,INC 275-M1 l l IA-FO 1,200 08/01/2005 02/28/2007 YODER SOFTWARE INC 275-W3035B-FO 596 09/06/2007 08/31/2008 6,\,\ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA APPROVING A FIVE YEAR INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND,INDIANA AND ST. JOSEPH COUNTY, INDIANA FOR EMS SERVICES DURING CALENDAR YEARS 2013 -2017 WHEREAS, the City of South Bend, Indiana, has a long and successful history of providing emergency medical services to its residents; and WHEREAS, St. Joseph County, Indiana, wishes to provide the very best emergency medical services to its residents and believes that such services can be provided by the City of South Bend; and WHEREAS, Indiana Code §§ 36-1-7-1 et seq., as amended from time-to-time ("Interlocal Cooperation Act"), authorizes one or more governmental entities to exercise jointly or by one entity on behalf of the other powers that may be exercised by such units severally; and WHEREAS, commencing in December 1997, the City of South Bend has provided emergency medical services for St. Joseph County under an Interlocal Agreement, and the parties wish to continue that relationship; and WHEREAS, the Executives of both the City of South Bend and St. Joseph County have reached an agreement on this payment and have approved the Five Year Interlocal Agreement By and Between the City Of South Bend, Indiana and St. Joseph County, Indiana for EMS Services During Calendar Years 2013 —2017 which is attached hereto and incorporated herein as Exhibit "A f, NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF SOUTH BEND, INDIANA, UNDER INDIANA CODE § 36-1-7, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section 1. The Common Council of the City of South Bend, Indiana, has considered and hereby ratifies,confirms and approves the Five Year Interlocal Agreement By and Between the City Of South Bend, Indiana and St. Joseph County, Indiana for EMS Services During Calendar Years 2013—2017 attached to this Resolution as Exhibit "A". Section 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, Common Council Mjnlicf',?(7 j and Council action o itiis issue, .i•iIi.F.1DATA\SHARE\Lcgal Wpdala Chcryl G1Agrcements_lnierlocal\FIrc EMS So,IceslRes_Common Councklatcrlocal EMS 2013-2010 121119 d ocx Plied SEI cny ciarisovcrn411END,IN El"." . ."jtIQV ZU12°friCe •1 NOT APMCrell FIVE YEAR INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND,INDIANA AND ST.JOSEPH COUNTY, INDIANA FOR EMS SERVICES DURING CALENDAR YEARS 2013 - 2017 THIS AGREEMENT is made effective the 1St day of January, 2013 by and between the City South Bend, Indiana and St. Joseph County, Indiana. WHEREAS, the City of South Bend ("South Bend") is a municipal corporation existing and operating as a political subdivision of the State of Indiana as defined by Ind. Code § 36-1-2-13, and . WHEREAS, St. Joseph County is a division of the State ("County") as defined by Ind. Code § 36-2-1-1; and WHEREAS, South Bend and the County are authorized enter into an interlocal agreement pursuant to Ind. Code § 36-1-7-4; and WHEREAS, South Bend and County desire to enter into an agreement related to ambulance services for certain areas located within St. Joseph County, Indiana; and WHEREAS, South Bend and County believe that the services provided for in this agreement is in the best interests of the citizens of their respective communities. NOW, THEREFORE, in consideration of the mutual promises and obligations in this Agreement,the adequacy of which is hereby acknowledged, the Parties agree as follows: I. PURPOSE The purpose of this Agreement is to help provide ambulance service for those portions of St. Joseph County which do not otherwise have it available. The area to be served shall be referred to herein as "Unincorporated County" and is more specifically described as: all portions of St. Joseph County except for South Bend, Mishawaka, and property owned or operated by the University of Notre Dame (which is served by South Bend under a separate contract with Notre Dame). II. TERM. This Agreement shall remain in full force and effect from January 1, 2013 until December 31, 2017. Each party shall have the right to terminate this Agreement upon thirty (30) day's written notice to the other party in the event either party determines that the performance of the contract is not in its best interest. Notice shall be directed to the Mayor of South Bend or to the St. Joseph County Commissioners. III. ADMINISTRATION. This Agreement shall be administered through a joint board consisting of six (6)members who shall be: a. The three (3) County Commissioners of St. Joseph County, Indiana; b. The Mayor of the City of South Bend, the South Bend Fire Chief, and the South Bend City Controller. Each member shall have the right to give a written power of attorney to any other person for a particular meeting. IV. DUTIES. 1. The staffing and supplying of paramedical services shall be by South Bend. South Bend shall operate two (2)Advanced Life Support ("ALS") Ambulances, each properly equipped and staffed to serve the Unincorporated County. 2. County shall own and supply South Bend with one (1) advance support vehicle with all necessary equipment and with two (2) heavy duty ambulances with all necessary equipment, including any additional equipment required by the ALS Committee of St. Joseph County. 3. County shall pay to South Bend an annual payment of One Million Five Hundred Eighty —Eight Thousand Eight Hundred Twenty-Two Dollars ($1,588,822.00) in the year 2013. The monthly payment for the year 2014 shall be One Hundred Thirty-Two Thousand Four Hundred Two Dollars ($132,422.00). For the years 2015, 2016, and 2017, the annual payments shall be increased from the 2013 base to reflect any additional labor costs the City of South Bend may incur, based upon the Collective Bargaining Agreement it signs with International Firefighter's Local #362, based upon the salary ordinance passed by the South Bend Common Council for the sworn and non-sworn members of the Fire Department. Each year's annual payment shall be made in equal monthly increments. In addition County shall reimburse South Bend for any necessary costs South Bend actually incurs in connection with any on-duty injury suffered in connection with the agreement, both under I.C. 36-8-4-5 and, if recall is necessary, for the replacement cost of the firefighter so injured. 4. Until such time as modified by the joint board, South Bend may charge ambulance/medical user fees in accordance with§10-20-050 of the St. Joseph County Code as set forth in the attached Exhibit A attached hereto and incorporated herein. 5. South Bend shall make reasonable efforts to collect from the Unincorporated County ambulance patients served under this agreement all due payments and shall return all such monies collected to County within thirty (30) days of receipt, except as provided herein. South Bend will provide detailed monthly reports to County concerning collections, payments, and runs made pursuant to this agreement. South Bend shall reimburse Liberty Township Ambulance Service, the town of Walkerton, Union North Ambulance Service and New Carlisle Ambulance Service fifty percent(50%)of any payment received for services rendered for an ALS assist in said localities prior to disbursal of funds to County. 6. Both parties recognize that under certain circumstances proper medical procedure may require that the two (2)persons assigned to the ambulance provide medical care to the patient and that the ambulance be driven by an EVOC-Certified volunteer firefighter from another township within St. Joseph County. In the event of an automobile accident or occurrence under such circumstances, County agrees to indemnify and hold harmless South Bend from any and all claims, actions, causes of actions, demands, damages, costs and expenses whatsoever for which South Bend might be liable. 7. South Bend shall remain liable for the acts of its agents, employees and servants during the performance of this contract. South Bend hereby undertakes and agrees to indemnify and hold harmless County and its employees, officers, and agents from any and all losses, expenses, damages, claims, causes of actions, or judgments arising out of any negligent or intentional act(s) or omission(s) of South Bend or its employees, servants or agents. The forgoing indemnification, hold harmless and undertaking of County by South Bend shall not apply to any loss, damage, expense, demand, claims, cause of action or judgment arising out of or caused by instances covered in Paragraph 6 of this Section or arising out of a communications system other than the South Bend Police Department Communications Center. 8. In addition to the monies mentioned in Paragraph 3 of this Section, County shall reimburse South Bend for all overtime costs incurred by South Bend arising out of the-pregnancy of any female firefighter regularly assigned to an ambulance covered by this agreement. 9. The Governing Board of this joint agreement shall meet at least semi-annually or as otherwise mutually agreed. 10. South Bend shall perform all routine maintenance on the ambulance. South Bend shall bill County monthly for all repairs, labor for repairs, and fuel used on the ambulances. Supporting documentation will be provided if requested by County. Payment shall be due no later than 30 days after the date of billing. In the event a major repair or replacement of the ambulance is needed, it shall be the responsibility of County, except where the damages are solely the result of the willful or grossly negligent act of an employee of South Bend. 11 At the commencement of this contract the ambulances shall be located at: 5303 York Road; 3505 North Bendix Drive; and In the event either the Bendix Drive or the Ireland Road station is not available for any reason, it shall be the responsibility of County to house that ambulance. 12. The City Controller of the City of South Bend has the duty to receive,disburse, and account for all monies generated under this agreement. V. SEVERABILITY The provisions in this Agreement are hereby deemed to be severable to the effect that if any provision shall be declared to be. invalid or unenforceable for any reason by a court of competent jurisdiction,the remaining provisions shall continue in full force and effect. VI. NON-DISCRIMINATION Pursuant to Indiana Code §22-9-1-10, neither South Bend nor County nor any of their contractors or subcontractors shall discriminate against any employee or applicant for employment,to be employed in the performance of any work under this Agreement with respect to hire, tenure, terms or conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, color,religion, sex, disability,national origin, or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. VII. MULTIPLE COUNTERPARTS This Agreement may be executed in multiple counterparts by the parties hereto with the multiple counterparts constituting but one and the same single, complete, and entire Agreement. VIII. BINDING EFFECT • This Agreement constitutes the entire agreement between South Bend and St. Joseph County and supersedes all prior discussions,negotiations, understandings, and agreements among them relative to the subject matter of this Agreement; and cannot be altered, amended, or terminated without the written agreement of all such parties. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, no assignment of this Agreement shall be permitted without the express written consent of all parties hereto. Date: ,20_ Date: ,20_ ST. JOSEPH COUNTY, INDIANA CITY OF SOUTH BEND, INDIANA Signature Signature Printed Name and Title Printed Name and Title Signature Printed Name and Title Signature Printed Name and Title F:\DATA\SHARE\Legal\Wpdata\Cheryl G\Agreements_Interlocal\Fire EMS Services\SJC 2013-2018_V2 FINAL.docx • c�,0� \��1,IJlil�j/ d 1222 S.MICHIGAN STREET U..k,,, \\ ,i 1 ���d PHONE 574/235-9255 SOUTH BEND,INDIANA 46601-282I k `/i .f, . FAX 574 235-9305 x x 2865 1'*. CITY OF SOUTH BEND PETE BUT"TIGIEG,MAYOR SOUTH BEND FIRE DEPARTMENT STEPHEN F. COX FIRE CHIEF November 20, 2012 Mr. Derek Dieter President, South Bend Common Council 435 County-City Building South Bend, Indiana 46601 RE: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A FIVE YEAR INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND ST. JOSEPH COUNTY, INDIANA FOR EMS SERVICES DURING CALENDAR YEARS 2013 -2017 Dear President Dieter: Attached for filing please find the above-referenced resolution to be considered by the Common Council at its November 26, 2012 meeting. This Resolution approves a five (5) year interlocal agreement with St. Joseph County to provide ambulance service for those portions of St. Joseph County which do not otherwise have ambulance service available. The area to be served is referenced in the Agreement as . Unincorporated County and is more specifically described as: all portions of St. Joseph County except for South Bend, Mishawaka, and property owned or operated by the University of Notre Dame (which is served by South Bend under a separate contract with Notre Dame). I will be making the presentation to the Council. Your favorable consideration is requested. Please do not hesitate to contact me if you need additional information. Sinc-rely, Filed In Clerk's 'mice /9 , 2012 Stephe.1 F. Cox, Fire 1 h of tithiii s i South Bend Fire Dep. • 1 - "tCLE K,DOWN SENT,IN JAMES LOPF.Z TODD L. SKWARCAN ANDREW J.MYER FEDERICO RODRIGUEZ,JR `1 ASST.CHIEF OPERATIONS ASSIST. CHIEF SERVICES ASST.CHIEF EMS FIRE MARSHAL (..0\ SDI RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING INTERLOCAL AGREEMENT--MUTUAL AID BOX ALARM SYSTEM WHEREAS,it is in the best interests and necessary to preserve and protect the health,safety and welfare of the public; and WHEREAS, it is further recognized and acknowledged that in certain situations such as emergencies,natural disasters and man-made catastrophes,that the use of personnel and equipment of the South Bend Fire Department may be needed in order to perform functions outside the territorial limits of the City of South Bend and is necessary to preserve and protect the health, safety and welfare of the public; and WHEREAS, it is further acknowledged that coordination of mutual aid through the Mutual Aid Box Alarm System is desirable for the effective and efficient provision of mutual aid; and WHEREAS, Indiana Code §§ 36-1-7-1 et seq., as amended from time-to-time("Interlocal Cooperation Act"), authorizes one or more governmental entities to exercise jointly or by one entity on behalf of the other powers that may be exercised by such units severally; and WHEREAS,the Executives of the City of South Bend and other neighboring jurisdictions including jurisdictions in the nearby state of Illinois have reached an agreement and have approved the Interlocal Agreement - Mutual Aid Box Alarm System which is attached hereto and incorporated herein as Exhibit "A". NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF SOUTH BEND, INDIANA, UNDER INDIANA CODE § 36-1-7, BE IT HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section 1. The Common Council of the City of South Bend, Indiana,has considered and hereby ratifies, confirms and approves the Interlocal Agreement-Mutual Aid Box Alarm System attached to this Resolution as Exhibit "A". Section 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. O 0( Member, Common Council Fred in Clerk's Mice _ 11:77NQV 2 „°1Z ;;LS AtiEti.. Cr re.�3, k ,r �r ...1,...4 ddi d<:.tl POT 'APPROVE:1i CITY CLERK,SOWN EON),IN INTERLOCAL AGREEMENT MUTUAL AID BOX ALARM SYSTEM THIS AGREEMENT is made and entered into the date set forth next to the signature of the respective parties, by and between the units of local government subscribed hereto ("Unit(s)")that have approved this Agreement and adopted same in manner as provided by law and are listed at the end of this Agreement. WHEREAS, Indiana law provides for Interlocal Cooperation at IC 36-1-7-1 et seq, and provides that any power or powers,privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other local government including a unit of government from another state; and, WHEREAS, Indiana Code IC 36-1-7-1 and IC 36-1-7-2(b) of the Intergovernmental Cooperation act, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and, WHEREAS, the City of South Bend, Indiana is a unit of local government as defined by Indiana Code § 36-1-2-23 existing and operating as a political subdivision of the State of Indiana as defined by Ind. Code § 36-1-2-13; and WHEREAS, the parties hereto have determined that it is in their best interests to enter into this Agreement to secure to each the benefits of mutual aid in fire protection,firefighting and the protection of life and property from an emergency or disaster; and, WHEREAS, the parties hereto have determined that it is in their best interests to form an association to provide for communications procedures, training and other necessary functions to further the provision of said protection of life and property from an emergency or disaster. NOW, THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the adequacy of which is hereby acknowledged,the Parties agree as follows: SECTION ONE: PURPOSE It is recognized and acknowledged that in certain situations, such as, but not limited to, emergencies, natural disasters and man-made catastrophes, the use of personnel and equipment of an individual Member Unit's, as defined in Section Two below, in order to perform functions outside the territorial limits of the Member Unit is desirable and necessary to preserve and protect the health, safety and welfare of the public. It is further expressly acknowledged that in certain situations, such as the aforementioned,the use of other Member Unit's personnel and equipment to perform functions within the territorial limits of a Member Unit is desirable and necessary to preserve and protect the health, safety and welfare of the public. Further, it is acknowledged that coordination of mutual aid through the Mutual Aid Box Alarm System is desirable for the effective and efficient provision of mutual aid. SECTION TWO: DEFINITIONS For the purpose of this Agreement, the following terms as used in this agreement shall be defined as follows: A. "Mutual Aid Box Alarm System" (hereinafter referred to as "MABAS"): A definite and prearranged plan whereby response and assistance is provided to a Stricken Unit -2- by the Aiding Unit(s) in accordance with the system established and maintained by the MABAS Member Units and amended from time to time; B. "Member Unit": A unit of local government including but not limited to a city, village or fire protection district having a fire department recognized by the State of Illinois, or a neighboring state, or an intergovernmental agency and the units of which the intergovernmental agency is comprised which is a party to the MABAS Agreement and has been appropriately authorized by the governing body to enter into such agreement,and to comply with the rules and regulations of MABAS; C. "Stricken Unit": A Member Unit which requests aid in the event of an emergency: D. "Aiding Unit": A Member Unit furnishing equipment,personnel,and/or services to a Stricken Unit; E. "Emergency": An occurrence or condition in a Member Unit's territorial jurisdiction which results in a situation of such magnitude and/or consequence that it cannot be adequately handled by the Stricken Unit and such that a Member Unit determines the necessity and advisability of requesting aid. F. "Division": The geographically associated Member Units or unit which have been grouped for operational efficiency and representation of those Member Units. G. "Training": The regular scheduled practice of emergency procedures during non- emergency drills to implement the necessary joint operations of MABAS. H. "Executive Board": The governing body of MABAS comprised of Division representatives. -3- SECTION THREE: AUTHORITY AND ACTION TO EFFECT MUTUAL AID A. The Member Units hereby authorize and direct their respective Fire Chief or his designee to take necessary and proper action to render and/or request mutual aid from the other Member Units in accordance with the policies and procedures established and maintained by the MABAS Member Units. The aid rendered shall be to the extent of available personnel and equipment not required for adequate protection of the territorial limits of the Aiding Unit. The judgment of the Fire Chief, or his designee, of the Aiding Unit shall be final as to the personnel and equipment available to render aid. B. Whenever an emergency occurs and conditions are such that the Fire Chief, or his designee, of the Stricken Unit determines it advisable to request aid pursuant to this Agreement he shall notify the Aiding Unit of the nature and location of the emergency and the type and amount of equipment and personnel and/or services requested from the Aiding Unit. C. The Fire Chief, or his designee, of the Aiding Unit shall take the following action immediately upon being requested for aid: 1. Determine what equipment,personnel and/or services is requested according to the system maintained by MABAS; 2. Determine if the requested equipment, personnel, and/or services can be committed in response to the request from the Stricken Unit; 3. Dispatch immediately the requested equipment,personnel and/or services,to the extent available, to the location of the emergency reported by the -4- Stricken Unit in accordance with the procedures of MABAS; 4. Notify the Stricken Unit if any or all of the requested equipment, personnel and/or services cannot be provided. SECTION FOUR: JURISICTION OVER PERSONNEL AND EQUIPMENT Personnel dispatched to aid a party pursuant to this Agreement shall remain employees of the Aiding Unit. Personnel rendering aid shall report for direction and assignment at the scene of the emergency to the Fire Chief or Senior Officer of the Stricken Unit. The party rendering aid shall at all times have the right to withdraw any and all aid upon the order of its Fire Chief or his designee; provided, however, that the party withdrawing such aid shall notify the Fire Chief or Senior Officer of the party requesting aid of the withdrawal of such aid and the extent of such withdrawal. SECTION FIVE: COMPENSATION FOR AID Equipment, personnel, and/or services provided pursuant to this Agreement shall be at no charge to the party requesting aid; however, any expenses recoverable from third parties shall be equitably distributed among responding parties. Nothing herein shall operate to bar any recovery of funds from any state or federal agency under any existing statutes. SECTION SIX: INSURANCE Each party hereto shall procure and maintain, at its sole and exclusive expense, insurance coverage, including: comprehensive liability, personal injury, property damage, worker's -5- compensation, and, if applicable, emergency medical service professional liability, with minimum limits of$1,000,000 auto and $1,000,000 combined single limit general liability and professional liability. No party hereto shall have any obligation to provide or extend insurance coverage for any of the items enumerated herein to any other party hereto or its personnel. The obligations of the Section may be satisfied by a party's membership in a self-insurance pool, a self-insurance plan or arrangement with an insurance provider approved by the state of jurisdiction. The MABAS may require that copies or other evidence of compliance with the provisions of this Section be provided to the MABAS. Upon request,Member Units shall provide such evidence as herein provided to the MABAS members. SECTION SEVEN: INDEMNIFICATION Each party hereto agrees to waive all claims against all other parties hereto for any loss, damage, personal injury or death occurring in consequence of the performance of this Mutual Aid Agreement; provided, however, that such claim is not a result of gross negligence or willful misconduct by a party hereto or its personnel. Each party requesting or providing aid pursuant to this Agreement hereby expressly agrees to hold harmless, indemnify and defend the party rendering aid and its personnel from any and all claims, demands, liability, losses, suits in law or in equity which are made by a third party. This indemnity shall include attorney fees and costs that may arise from providing aid pursuant to this Agreement. Provided, however, that all employee benefits, wage and disability payments, pensions, worker's compensation claims, damage to or destruction of equipment and clothing, and medical expenses of the party rendering aid shall be the sole and exclusive responsibility of the -6- respective party for its employees, provided, however, that such claims made by a third party are not the result of gross negligence or willful misconduct on the part of the party rendering aid. Provided further, that the obligation to defend and indemnify shall not be require any member to provide defense or indemnification beyond the statutory and constitutional limits of liability that are set forth in any applicable law in the State in which the member is located, and nothing in this Agreement is meant to constitute a waiver of any immunity or defense available to the member under the laws of the State in which the member is located. SECTION EIGHT: NON-LIABILITY FOR FAILURE TO RENDER AID The rendering of assistance under the terms of this Agreement shall not be mandatory if local conditions of the Aiding Unit prohibit response. It is the responsibility of the Aiding Unit to immediately notify the Stricken Unit of the Aiding Unit's inability to respond; however, failure to immediately notify the Stricken Unit of such inability to respond shall not constitute evidence of noncompliance with the terms of this section and no liability may be assigned. No liability of any kind or nature shall be attributed to or be assumed, whether expressly or implied, by a party hereto, its duly authorized agents and personnel, for failure or refusal to render aid. Nor shall there be any liability of a party for withdrawal of aid once provided pursuant to the terms of this Agreement. SECTION NINE: TERM This Agreement shall be in effect for a term of one year from the date of signature hereof and shall automatically renew for successive one year terms unless terminated in accordance with -7- this Section. Any party hereto may terminate its participation in this Agreement at any time, provided that the party wishing to terminate its participation in this Agreement shall give written notice to the Board of their Division and to the Executive Board specifying the date of termination, such notice to be given at least 90 calendar days prior to the specified date of termination of participation. The written notice provided herein shall be given by personal delivery,registered mail or certified mail. SECTION TEN: EFFECTIVENESS This Agreement shall be in full force and effective upon approval by the parties hereto in the manner provided by law and upon proper execution hereof. SECTION ELEVEN: BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of any successor entity which may assume the obligations of any party hereto. Provided, however, that this Agreement may not be assigned by a Member Unit without prior written consent of the parties hereto; and this Agreement shall not be assigned by MABAS without prior written consent of the parties hereto. SECTION TWELVE: VALIDITY The invalidity of any provision of this Agreement shall not render invalid any other provision. If, for any reason, any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severable and this Agreement may be enforced with that provision severed or modified by court order. -8- SECTION THIRTEEN: NOTICES All notices hereunder shall be in writing and shall be served personally, by registered mail or certified mail to the parties at such addresses as may be designated from time to time on the MABAS mailing lists or,to other such addresses as shall be agreed upon. SECTION FOURTEEN: GOVERNING LAW This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of Indiana. SECTION FIFTEEN: EXECUTION IN COUNTERPARTS This Agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitute and be deemed as one and the same document. SECTION SIXTEEN: EXECUTIVE BOARD OF MABAS An Executive Board is hereby established to consider, adopt and amend from time to time as needed rules,procedures, by-laws and any other matters deemed necessary by the Member Units. The Executive Board shall consist of a member elected from each Division within MABAS who shall serve as the voting representative of said Division on MABAS matters, and may appoint a designee to serve temporarily in his stead. Such designee shall be from within the respective division and shall have all rights and privileges attendant to a representative of that Member Unit. A President and Vice President shall be elected from the representatives of the Member -9- Units and shall serve without compensation. The President and such other officers as are provided for in the by laws shall coordinate the activities of the MABAS. SECTION SEVENTEEN: DUTIES OF THE EXECUTIVE BOARD The Executive Board shall meet regularly to conduct business and to consider and publish the rules, procedures and by laws of the MABAS, which shall govern the Executive Board meetings and such other relevant matters as the Executive Board shall deem necessary. SECTION EIGHTEEN: RULES AND PROCEDURES Rules,procedures and by laws of the MABAS shall be established by the Member Units via the Executive Board as deemed necessary from time to time for the purpose of administrative functions,the exchange of information and the common welfare of the MABAS. SECTION NINETEEN: NON-DISCRIMINATION Pursuant to Indiana Code §22-9-1-10, neither South Bend nor County nor any of their contractors or subcontractors shall discriminate against any employee or applicant for employment, to be employed in the performance of any work under this Agreement with respect to hire, tenure, terms or conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, color, religion, sex, disability, national origin, or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. SECTION TWENTY: AMENDMENTS -10- This Agreement may only be amended by written consent of all the parties hereto. This shall not preclude the amendment of rules,procedures and by laws of the MABAS as established by the Executive Board to this Agreement. The undersigned unit of local government or public agency hereby has adopted, and subscribes to, and approves this MUTUAL AID BOX ALARM SYSTEM Agreement to which this signature page will be attached, and agrees to be a party thereto and be bound by the terms thereof. The undersigned certifies that this Mutual Aid Box Alarm System Agreement has been adopted and approved by ordinance, resolution, or other manner approved by law, a copy of which document is attached hereto. Date: ,20_ CITY OF SOUTH BEND, INDIANA Pete Buttigieg,Mayor F:\DATA\SHARE\Legal\Wpdata\Cheryl G\Agreements_Interlocal\Fire-Mutual Aid Box Alann System\MABAS Interlocal Agreement 121120.doc Flied ire '8,• Office • 4 -11- vOokiwin CITY CLERK,SOUTH SEND,IN I24.2 S.MICHIGAN STREET \\\� /16 tt PHONE 574/2359255 SOUTH BEND,INDIANA 46601-2821 �\\\ /i !� . FAX 574/235-9305 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR SOUTH BEND FIRE DEPARTMENT STEPHEN F. COX FIRE CHIEF November 21, 2012 Mr. Derek Dieter President, South Bend Common Council 435 County-City Building South Bend, Indiana 46601 RE: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING INTERLOCAL AGREEMENT -- MUTUAL AID BOX ALARM SYSTEM Dear President Dieter: Attached for filing please find the above-referenced resolution to be considered by the Common Council at its November 26, 2012 meeting. This Resolution approves the Interlocal Agreement — Mutual Aid Box Alarm System which provides for joint cooperation with neighboring jurisdictions in certain emergency situations in order to share personnel and equipment necessary to preserve and protect the health, safety and welfare of the public. I will be making the presentation to the Council. Your favorable consideration is requested. Please do not hesitate to contact me if you need additional information. Si I erely, r'Ff Step -n F. Cox, Fire Chief South Bend Fire D; , 'win - 1 Office NOV 21 2012 O0lw CITY CLERK,SOv JU yH Rh BEND,IN JAMES LOPEZ TODD L.SE:WARCAN ANDREW J.MYER FEDERICO RODRIGUEZ,JR ASST.CHIEF OPERATIONS ASSIST.CHIEF SERVICES ASST.CHIEF EMS FIRE.MARSHAI. 1 Ordinance No. Bill No. ('3 -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 1, SECTION 1-4 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING"SIX COUNCILMANIC DISTRICTS" STATEMENT OF PURPOSE AND INTENT Redistricting of the Common Council's six (6) councilmanic districts is required every ten (10) years based on data from the most recent U.S. federal census. The 2010 U.S. Census data revealed that the population for the City of South Bend, Indiana, was 101,168. Indiana Code § 36-4-6-3 sets forth the governing state law addressing the division of six (6) districts for second class Indiana cities. It requires the city legislative body to pass an ordinance addressing councilmanic districts during the second year after the year in which a federal decennial census was conducted. It further requires that six (6) districts be established which are: 1. Composed of contiguous territory, except for territory that is not contiguous to any other part of the city; 2. Reasonably compact; 3. Do not cross precinct boundary lines, except as authorized by law; and 4. Contain, as nearly as is possible, equal population. A special committee was appointed to make advisory recommendations to the Council Rules Committee. The membership of the volunteers on this special committee was bi-partisan, diverse in age, race, and ethnic backgrounds. The following ordinance is consistent with governing laws and is believed to be in the best interests of the City of South Bend, Indiana. A adfo lara6: Section I. Chapter 1, Section 1-4 of the South Bend Municipal Code entitled Six Councilmanic Districts"is amended to read in its entirety as follows: Sec. 1-4 Six Councilmanic Districts. (a) The City of South Bend, Indiana, is divided into six (6) Councilmanic Districts which shall be known as the: First Councilmanic District, Second Councilmanic District, Third Councilmanic District, Fourth Councilmanic District, Fifth Councilmanic District, and Sixth Councilmanic District, with the legal description for each such district being set forth in "Exhibit A" which is attached hereto and included herein by reference, and maintained on file in the Office of the City Clerk. "Exhibit B" sets forth a map of the six (6) Councilmanic Districts depicting the 2012 Councilmanic Redistricting Ordinance Page 2 precincts contained in each, which is attached hereto and included herein by reference and maintained on file in the Office of the City Clerk Each such district shall consist of the following precincts: (1) South Bend First Councilmanic District consisting of the following precincts, presently numbered by the St. Joseph County Election Board as follows: Precincts: 130101, 130102, 130103, 130105, 130106, 130107, 130108, 130112, 130115, 130117, 130120, 130121, 130122, 130123, and 130207. (2) Second Councilmanic District consisting of the following precincts, presently numbered by the St. Joseph County Election Board as follows: Precincts: 130202, 130204, 130208, 130211, 130212, 130213, 130214, 130218, 130219, 130220, and 130607. (3) Third Councilmanic District consisting of the following precincts, presently numbered by the St. Joseph County Election Board as follows: Precincts: 130303, 130304, 130305, 130306, 130307, 130309, 130311, 130313, 130317, 130318, 130319, 130320, 130322, and 130509. (4) Fourth Councilmanic District consisting of the following precincts, presently numbered by the St. Joseph County Election Board as follows: Precincts: 130403, 130404, 130406, 130407, 130408, 130410, 1304012, 130414, 130415, 130416, 130417, 130418, 130419, 130420, 130421, 130425 and 130426. (5) Fifth Councilmanic District consisting of the following precincts, presently numbered by the St. Joseph County Election Board as follows: Precincts: 130508, 130510, 130511, 130512, 130516, 130517, 130518, 130519, 130521, 130522, 130523, 130524, 130525, 130526, 130527, 130528, and 130625. (6) Sixth Councilmanic District consisting of the following precincts, presently numbered by the St. Joseph County Election Board as follows: Precincts: 130609, 130611, 130613, 130615, 130616, 130617, 130618, 130620, 130621, 130622 and 130626. (b) Any annexation which occurs subsequent to the passage of this ordinance shall be deemed to be part of that district with which it is most contiguous. All linear descriptions are understood to be"more or less"when stated in linear dimensions. 2012 Councilmanic Redistricting Ordinance Page 3 Section II. Repeal of Conflicting Ordinances: All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section III. Severability: If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Member of the Common CourYcil oppmtn!V and John Voorde, City Clerk Council action Cf this issue, g egented me td Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock . m. Janice Talboom, Deputy Clerk ` �bx°eerd and Oy nar6 me an die day of , 2012, at o'clock .m. Filed In C • -Atr ' Office to Buttigieg °-° •M �° Mayor of the City of South Bend, Indiana. RE D:NG Nov 1 b 201 , l.E/lE:= S.0 . f / 2;;OVED CITY CLEIK 4 el a'sEND,IN _ Legend _ _ t 1 N ME 2 s-- -, -i ,+ �r r..... 130120• L 4,t jd' t 130122 i [ <--I __�. 730.11% S1.30103 �j�� _ ' ? 130108 �' 130426 130102, a 1 ` 1C j� _ .1 130115 f 1k-, :.,•'-.--:-,.. 130105 �—z/`-"-_"- v> y y 130410 130406 1 r N '.p 130403 w Opt ' r. 30419, 130214 " `' 130107 i �`� 130408 ^ � 130101 130416 130418 i 130211 130415 i 130219 � 7� • 130220 O?o 130414 :/:- ' ,27:::' ^�, 13p20 ro 4 :,.:._:,,i `?0_, �' 130305 130617` _. . . i 130_0"/150616 1306fS �2 130307 130309 a: ag — 130607 -' 130306 130620 1306 p�, 130311 �� 130621 1303- 30318 • 1---. 130611 - 130320 1303191 f 130322 130S2S ��so 7 130613 1305 2 La p._ 0 6 130518 5 '"I p x' ' 0 ?? /rir�41 ■ f• e. • Exhibit B ........ E.t', ` ''.-1- /0 VI, City of South Bend C ,\'� 7'' d: City \\ ,,, -. �.\PEACEji a: Common Council „ 1865 0'. , 441 County-CityBuilding • 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President Oliver J. Davis November 14, 2012 Vice-President Members of the Common Council Karen L. White 4th Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Re: Proposed Re-Districting Ordinance Tim Scott First District Dear Council Members: Henry Davis, Jr. Second District On behalf of the advisory Special Committee for Re-Districting, I am pleased to sponsor the attached ordinance for your review, comment and passage. Valerie Sch ey Third District As you are aware, all Council Members were requested to recommend South Bend residents to serve on this special committee which is bi-partisan, diverse in race, Fred Ferlic gender and location of their residences. Council President Dieter appointed five (5) Fourth District persons to serve, who include Karl G. King, Jesusa Rivera, Theresa Sedlak, Jack L. David Varner Smith and myself to make recommendations on re-drawing the boundaries of the six Fifth District (6) Council Districts. Oliver J. Davis Karl G. King is serving as Chairperson of this committee, and has spent countless Sixth District hours reviewing the most recent census data. The special committee reviewed a total of three (3) options. All options met the state law criteria which require each Council Derek D. Dieter District to be: At Large Gavin Ferlic 1. Composed of contiguous territory At Large 2. Reasonably compact 3. Have, as nearly as possible, equal population. Karen L. White At Large The attached ordinance sets for the option which was selected by the special committee and it is being recommended favorably to the Common Council. 1 It is my understanding that a Council Rules Committee will hold a public hearing on Wednesday, November 28th at 5:30 p.m. in the Council Chambers, with an additional Council Rules Committee being held on December 10th; with the Council taking final action on the proposed ordinance that evening at their 7 p.m. meeting. Additional information will be made available as it becomes available. On behalf of the Special Committee, I seek you support of the attached ordinance. Thank you. Sincerely, Karen L. White Council Member at Large lied in Clerk's mice f 1 1 1 NOV 152012 f t JOt --t C.> CITY CLERK,Si ii`'i-tr tEt ,IN 6- \,\,, (1„,_ Ordinance No. Bill No. `i` -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5,ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES; VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The ordinance would amend the Chapter 5 of the South Bend Municipal Code by the inclusion of public safety regulations related to urban chickens. Currently the Code bans chickens within the city limits of South Bend unless a resident owns a minimum of five(5) acres. This ordinance would be a companion ordinance to Substitute Bill No. 74-11 which was was heard by the Area Plan Commission on October 16, 2012 and received a favorably advisory recommendation on proposed amendments to Chapter 21 of the South Bend Municipal Code addressing zoning regulations. "Urban Agriculture"activities have received growing attention in light of growing concerns about sustainability and improving the urban environment. Many ordinances have been studied on this topic so that reasonable policies could be developed in South Bend. Urban chickens are currently permitted Bloomington, Evansville and Indianapolis. Current regulations have been reviewed and examined so that there are consistent policies in place for the residents of the City of South Bend, Indiana. iA i fre, /e!■(%r 7(,/1/e(/% /Ali <u1,i1 oii lJrr wei/ ///e V1•14uf% el7f/, a4/ wi4 Section I. Section 5-15 of Chapter 5, Article 3of the South Bend Municipal Code is amended to read as follows: Sec. 5-15 Acreage Requirements for Certain Domestic Animals and Fowl. (a) Any person desiring to raise any of the following-named domestic animals or fowl must have a minimum of five(5) acres in land: (1) Cow, ox, cattle, calves,or other livestock. (2) Donkey, ass,burro, mule. (3) Pig, swine,hog,pot-bellied pig. (4) Sheep. (5) Goat. (6) Chimes,E Roosters, geese, turkeys, ducks, or other fowl. (7) Bees. (8) Bison. (9) Llamas. (10) Horses. Urban Chicken Text Ordinance to Amend Chapter 5 of the South Bend Municipal Code Page 2 The maximum number of such animals which may be maintained on such property shall be determined in light of current animal husbandry and veterinarian standards. (b) Any person desiring to raise rabbits as pets or racing or homing pigeons within the City limits must keep such animals and birds in safe and sanitary conditions so that a public nuisance as defined herein is not created. (c) In no event shall the shelter and feeding area for any of the animals or fowl herein be closer than fifty(50) feet from the adjoining property line. (d) Bees must be kept in accordance with the following provisions: (1) If bee colonies are kept within fifty (50) feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier shall be erected that will prevent bees from flying through it. (2) Fresh, clean watering facilities for bees shall be provided on the said premises. (3) The bees and equipment shall be kept in accordance with the provisions of State statutes. Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located or kept within a zoological park, school or university building for the purpose of study or observation. Section II. Section 5-16 of Chapter 5, Article 3of the South Bend Municipal Code is amended to read as follows: Sec. 5-16 Reserved. Urban Chicken Regulations. (a) "Urban Chicken" means a chicken living in the city limits officially known as gallus domesticus, which is a domestic bird. It does not include other fowl, such as, but not limited to roosters, peacocks, turkeys or waterfowl. Urban chickens are governed by the zoning regulations set forth in Section 21-02.11 of this Code addressing Residential District zoning regulations. (b) "Chicken coop" also referred to as chicken pen means an enclosure or enclosed structure used for housing urban chickens which provides shelter from the elements which must meet the standards set forth in Section 21-02.11 of this Code. "Chicken flock"means more that one (1)urban chicken which: (1) Contains no more than six (6)hens and no roosters; and (2) Is issued a permit pursuant to Section 21-02.11 of this Code. Urban Chicken Text Ordinance to Amend Chapter 5 of the South Bend Municipal Code Page 3 (d) "Chicken pen"means an enclosure that must meet the standards set forth in Section 21-02.11 of this Code. (e) Any one desiring to raise urban chickens within the city limits must file an application for an Urban Chicken Permit with the Division of Animal Care and Control in the Department of Code Enforcement and pay an annual filing fee of twenty dollars ($20.00). At the end of each calendar quarter, the Division of Animal Care and Control 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 Care and Control 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 permits 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. (f) Any one desiring to raise urban chickens within the city limits must comply with the animal care regulations set forth in this Chapter 5, and the requirements applicable to chickens incorporated into Chapter 21 of this Code. (g) The Department of Code Enforcement shall be responsible for the enforcement of this section. The Department of Code Enforcement shall also comply with the duties set forth in Section 5-49(d) of this Code in carrying out the duties set forth in this Section 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 Control Commission. Section III. Section 5-49(c)(2) of Chapter 5, Article 9 of the South Bend Municipal Code is amended to read as follows: (2) Any person who violates any of the following sections: §5-16 Urban Chicken Regulations, §5-20 Performing animal exhibitions, §5-28(c) Specific regulation—breeding, shall be subject to a fine of seventy-five dollars ($75.00) per violation, payable to the Ordinance Violations Bureau. Urban Chicken Text Ordinance to Amend Chapter 5 of the South Bend Municipal Code Page 4 Section IV. Severability: If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a court having proper jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be effective January 1, 2013, and be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Council Member V South Bend Common Council Council Member South Bend Common Council Councii a'Veoc' US issue, • John Voorde, City Clerk e krtLee//7 me to fAc ,6) , e"ri //c ":1, < 4/14 elaitii, oit-//c day of , 2012, at o'clock . m. Deputy City Clerk • ./rdaca!aitet!,dtca/,me rile do day of , 2012, at o'clock_. m. Peter Buttigieg Mayor of the City of South Bend, Indiana Flied In Clerk's Office READING HEA NG NOV 16 2012 rd REArD G OT Ai''PROVED i R2FERRED. CITY CLEF 1 +417,ill ''$oUTNg " ;: Oct `\■1111111;///,4 .. � % x City of South Bend = � o� \\ ,s w .`.��ncE �5 ems *' �� Common Council . x 1865 .0't , 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 % South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://wvvw.southbendirt.gov Derek D. Dieter President Oliver J. Davis November 16, 2012 Vice-President Karen L. White Members of the Common Council Chairperson, Committee 4th Floor County-City Building of the Whole South Bend, Indiana 46601 Tim Scott Re: Urban Chicken Public Safety Ordinance First District Henry Davis, jr. Dear Council Members: Second District The attached ordinance. sets forth public safety requirements addressing the Valerie Schey ownership of chickens in SF1 and SF2 Single Residential zoning districts in the Third District City of South Bend. Fred Ferlic Persons would be limited to a total. of six (6) female chickens and would be Fourth District required to file an application seeking an Urban Chicken Permit through the David Varner Division of Animal Care and Control in the Department of Code Enforcement. Fifth District The annual filing fee of twenty dollars ($20.00) would be charged to help cover the costs of services provided by Code. The Department of Code Enforcement would Oliver J. Davis also be the enforcing agency of these public safety regulations. Sixth District Both this ordinance and Bill No. 74-11 addressing the proposed zoning regulations Derek D. Dieter are requested to be heard at the December 10th Common Council meeting. At Large Gavin Ferlic We look forward to discussing this ordinance with you. Thank you. At Large Sincerely, Karen L. White At Large Henry Davis, Jr. 2°d Distri ouncil Member MJeli Tim cott 1St District Council Member -' » Attachment r y r."."'"— I NOV 16 zulz I CITY CLERk, ' r. s,.teia,Iiii Ordinance No. Bill No. -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2 ARTICLE 4, SECTION 4-35 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING MASSAGE ESTABLISHMENTS AND MASSAGE THERAPY STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana, has regulated massage therapy and massage establishments, based on public health and safety concerns for the past forty (40) years in conjunction with the St. Joseph County Health Department. In light of the recent amendments to the Indiana Code addressing massage therapy and massage establishments, changes to the local licensing procedures are needed. The following ordinance has been drafted in consultation with the St. Joseph County Health Department. Proposed amendments are consistent with the governing Indiana law codified in the seven (7) Chapters of Indiana Code § 25-21.8; as well as the governing provisions of the Indiana Administration Code (IAC) set forth in the rules codified in 847 IAC 1-1-1 et seq. This ordinance is based on public health and safety considerations, and is believed to be in the best interests of the City of South Bend, Indiana. XeCt, M/1 a, 6e a adae'na�G die %mown catawdyfiee .9#0(0(4 d de 4 a4j : Section I. Chapter 2, Article 4, Section 4-34 of the South Bend Municipal Code is amended to read as follows: Sec. 4-35 Massage Establishments and Massage Therapy. T�cchxic'ians. (a) Definitions. As used in this section: 1 (1) Applicant means any person applying for a license under this Section, whether for a new or renewal license /2) Disinfection. A process that destroys all microorganisms, with the exception of Indiana Code§25-21.8-1-1,et seq. sets forth additional definitions. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 2 high numbers of bacterial spores through the use of high temperature or an Environmental Protection Agency registered tuberculocidal disinfectant. (3) Health Department means the St. Joseph County Health Department. 44) Health Officer means the St. Joseph County Health Officer or his or her duly authorized representative. ) Indiana State Board of Massage Therapy means the board established by Indiana Code & 25-21.8-2 to provide for the certification of persons who claim to be Certified Massage Therapists or Massage Therapists. t6) Indiana State Massage Therapist Certificate means a certificate issued by the Indiana State Board of Massage Therapy for persons who claim to be Certified Massage Therapists or Massage Therapists. • (7) Inspection means an onsite review of the massage establishment and any other portion of the establishment and associated records as deemed necessary by authorized city employees and by the Health Department. (8) Massage Establishment means any business located in a building, room, place or establishment, utilized for the practice of massage therapy, other than: (i) A Recognized School of massage therapy; or (ii)An ISDH licensed medical facility.2 f2.1 (4) Massage Therapy means the manipulation of superficial and deeper layers of the muscle and connective tissue using various techniques, to enhance function, aid in the healing process, or promote relaxation and well-being with the hand, fingers, elbows, knees, feet and legs. Massage therapy involves working and acting upon the body with pressure through structured and unstructured, stationary, or moving tension, motion, or vibration, performed manually or with mechanical aids. Target tissues may include muscles, tendons, ligaments,fascia, skin.joints, or other connective tissue, as well as lymphatic vessels, or organs or the gastrointestinal system. Target tissue specifically excludes the genitals or female breasts. = :: : - . - . - •. •- , 2 ISDH refers to the Indiana State Department of Health. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 3 ear he mass. o r-baths (10) (3) Massage Therapist technieian means . - :- - . - - . " an individual who practices massage therapy. : . . •. . : . . . - , _ (11)(4) Person means any person, association, firm,partnership or corporation. (12) (5) Patron means any person who receives a massage er-bath from a massage therapist hen. with a patron also meaning a customer. (13) (6)Recognized school eft-'ge means any school or institution of learning which . • . . .. - -- . - . - - - -. - _ . . -- - I.. . - -_ . . • . •• - - • •- - - - . - : . is a member in good standing of at least one(1) of the following: f The American Massage Therapy Association (ii) The American Medical Massage Therapy Association (iii) The National Certification Board for therapeutic Massage and Bodywork (iv) A state agency or a board or other organization established by Indiana state law which has as its purpose the regulation or monitoring of the massage industry and/or therapists in the State of Indiana; (v) A school, as determined by the Health Department, which has for its purpose the teaching of the theory, ethics, practice methods, and profession or work of massage therapy and which requires that a student successfully complete a course of study of not less than five hundred Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 4 (500) credit hours of classroom instruction in massage therapy and related training. (14) Sterilize means the use of a physical or chemical procedure to destroy all microbial life, including highly resistant bacterial endospores. •f - , _ - , . . . . D - .. - . . agencies. (c) Massage establishment license required;procedure for filing application; issuance. It shall be unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the City of South Bend the business of a massage establishment without a license issued pursuant to the provisions of this section for each and every such massage establishment. (1) Application; contents: a. An application for a license to operate a massage establishment shall be filed on or before February 28 of each calendar year .• -- : :., : : ' . : ' • upon forms provided by the City Controller's Office, and such application shall be verified under oath. b. The filing of an application for a license does not authorize conducting a massage establishment business until such license has been granted. However, a Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 5 person may operate a massage establishment or practice massage therapy without obtaining a license if the person is a: 1. State of Indiana licensed professional nurse, registered nurse., physician, chiropractor, osteopath, physical therapist, or physical therapist assistant with their license displayed in a prominent location; 2. Student enrolled in a Recognized School and performing massage therapy only as part of his or her training requirement; 3. Athletic trainer who has received training in massage therapy and who is providing therapy in a training facility that has sufficient space and training equipment to serve ten (10) customers at once; or 4. State of Indiana of licensed esthetician who is only performing manipulation of the skin at a State of Indiana licensed salon with the license displayed in a prominent location. An esthetician may not perform massage therapy of the muscle or connective tissue without obtaining a massage therapy license. c. Each applicant shall furnish the following information: 1. The legal name of the applicant. 2. The present address and telephone number(s) including cell number of the applicant. 3. The previous addresses, if any, for a period of three (3) years immediately prior to the date of application and the dates of such residence. 4. The date of birth. 5. Three (3) passport size photographs one (1) inch by one (1) inch taken within six (6)months of the date of application. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 6 6. The business, occupation or employment history for three (3) years immediately preceding the date of application, including but not limited to, whether such person previously operating under a permit or license in another city in this or another state has had such license suspended or revoked, the reason therefore and the business activity or occupation subsequent to such action of suspension or revocation. 7. All convictions, including ordinance violations, exclusive of traffic violations, with a brief statement of the nature of the convictions and the jurisdiction in which the convictions occurred. 8. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its article of incorporation or charter, together with the state and date of incorporation, and the names and addresses of each of its current officers, directors and each stockholder who owns fifteen (15) percent or more of the stock of the corporation, and the application shall be verified by an officer of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners, and the application shall be verified by each partner. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate application shall apply to the corporate partner. If the applicant is neither a corporation nor a partnership the application shall set forth the full name and address of the applicant and be verified by the applicant. The applicant for massage establishment license shall set forth the proposed place of business and the facilities therefore, together with a detailed description of the nature and scope of the proposed business operation. 9. Irrespective of all other conditions or requirements, a massage establishment license or massage therapy license shall not be issued to any person who has been convicted of a felony in any state or county involving a sex act. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 7 (2) Review and recommendations: Application for licenses under this article shall be referred to the proper offices for formal review and recommendation and each shall report their findings to the Board of Public Works Safety. The Health Department, subject to the terms and conditions of an Inter-Local Governmental Agreement, shall conduct inspections to determine compliance with health and sanitation requirements. Applicants shall cooperate with any review conducted pursuant to the provisions of this article and shall permit access to the proposed place of business and facilities in conjunction with any such review. (3) Public hearing and notice: Upon the filing of an application, the Board of Public Works Safety shall fix a time and place for a public hearing thereon. Written notice of hearing shall be given to the applicant. Due notice shall also be given to the general public by publication of such notice one time in a local newspaper of general circulation. Any interested person may file with the Board of Public s Safety a memorandum in support of or in opposition to the issuance of a license. (4) Granting of license: Within thirty(30) days of the receipt of an application and after proper publication and receipt of the aforesaid recommendations the Board of Public Works Safety shall conduct a public hearing and shall instruct the City Controller to issue a license to operate a massage establishment if it is found that: a. The application reasonably conforms to the provisions of this section. b. The.applicant has not knowingly made a material misrepresentation in the application for a license. c. The applicant has reasonably cooperated in the review of his application. d. The massage establishment as proposed by the applicant would comply with all applicable laws, including but not limited to the City's building, zoning, health, fire and safety regulations. e. The applicant if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, have not been convicted of any crime involving unlawful deviate conduct, deviate sexual conduct, or unlawful sexual conduct, as defined in Title 35 of the Indiana Code, within three(3) years prior to the date of application. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 8 f. The applicant has not had a massage establishment license or a massage technician permit or other similar license or permit denied or revoked for cause by this City or any other city located in or out of this State within the three (3) years prior to the date of application. g. The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, is eighteen (18) years of age. h. The applicant, if a corporation, is licensed to do business and is in good standing in the State of Indiana. i. The massage establishment as proposed by the applicant would comply with the requirements of this Article. (5) Inspection of Massage Establishment: The Health Department shall inspect massage establishment locations to determine compliance with this Section. Inspections are to be made at reasonable times with due regard to the nature of the business to be inspected. f6) License fee: a. The fee for an annual license to operate a massage establishment shall be ene • • -• • . • • !.!!) two hundred dollars ($200.00) payable to the City of South Bend Controller the time of the issuance of said license, and shall be subject to the addition of a late penalty if not timely filed. b. The annual license shall be effective from February 1 to January 31 March 1 to last day of February of the year for which the license is issued. c. The license to operate a massage establishment shall include the following: 1. The name and address of the applicant. 2. The name and address of the massage establishment. 3. The date of issuance. and must be prominently displayed for full viewing by the customer on the premises of the permitted establishment at all times during business hours. Only persons who own a facility that meets all of the application provisions of this Section shall be entitled to receive and retain such a license. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 9 (d) Massage Therapy license required. It shall be unlawful for any person to perform massage therapy act as a massage technician unless he or she has a valid license issued pursuant to the provisions of this Article. (1) Application; contents: a. An application for a license to perform massage therapy act as a massagc test shall be filed on or before February 28 of each calendar year with the City Controller upon forms provided by the City Controller's Office and such application shall be verified under oath. b. The filing of an application for a license does not authorize acting as a massage technician until such license has been granted. c. Any applicant : . . . _ - . . • - - to perform massage therapy shall provide: 1. The legal name of the applicant; 2. The current address where the applicant will reside while performing massage therapy in the City of South Bend; 3. A copy of the applicant's driver's license or government issued identification; 4. A copy of the applicant's Indiana State Board of Massage Therapy Certificate; 5. A copy of the applicant's diploma or certificate of graduation from a recognized school of massage therapy where he or she received training in massage therapy; 6. The name of the massage establishment at which the applicant is or expects to be employed, if any; and 7. Other related information as may be deemed reasonable and necessary by the Office of the City Controller to determine the validity of the diploma or certificate from a recognized school. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 10 he-employed: d. The massage establishment where the applicant intends to work must possess a current massage establishment license issued by the City of South Bend. e. If the Indiana State Board of Massage Therapy ceases to require background checks for applicants or validate the massage therapy school which provided training to the applicant,the following shall be required instead: 1. The applicant shall cause to be provided to the Office of the City Controller, clear, verifiable, and convincing information that the school that provided the applicant's training in massage therapy is a Recognized School as defined in this Section and the applicant received a certification or diploma in massage therapy that included five hundred (500) hours of applicable classroom training. This information shall include one of the two items listed below: i. A statement from one (1) of the organizations listed in the definition of Recognized School that the school is a member in good standing; or ii. Information adequate for the Office of the City Controller to determine that the school is a recognized school and the applicant completed the required training. In making this determination, the Office of the City Controller may require the following: (1) Licensing or membership information showing that the school is a Recognized School f2) Requirements for a student to obtain a certification or diploma; (3) Information concerning suspension or cancelation of any massage licenses, approval, of certifications in the last ten(10) years; (4) Transcripts of classroom study; Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 11 (5) A certification of graduation or diploma showing the applicant completed the training required; and (6) Other information as may be deemed reasonable and necessary for the Office of the City Controller to determine that the school is a Recognized School and the applicant for a license has obtained the required training, certification or diploma. (2) Review and recommendations: Applications for licenses under this section shall be referred to the proper offices for formal review and recommendations and each shall report their findings to the City Controller's Office. (3) Granting of license: Within thirty (30) days of receipt of the application and aforesaid recommendations, the City Controller shall issue a massage license if it is found that: a. The application reasonably conforms to the provisions of this section. b. The applicant has not knowingly made a material misrepresentation in the application for a license. c. The applicant has reasonably cooperated in the investigation of his application. d. The applicant has not, within three (3) years immediately preceding the date of application, been convicted of the crimes of unlawful deviate conduct, deviate sexual conduct or unlawful sexual conduct as defined in Title 35 of the Indiana Code. e. The applicant has furnished an acceptable diploma or certificate of graduation from a Recognized School or, in lieu thereof, has demonstrated competence and proficiency to the satisfaction of the City Controller pursuant to the requirements of this Section - _ - .-- - - . . . f. The applicant has not previously had a massage technician's license or a similar license denied or revoked for cause by this City or by any other city in this or any other state within three(3) years of the date of application. g. The applicant is eighteen (18) years of age. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 12 (4) License fee: a. The fee for an annual license to perform massage therapy act as a massage technician shall be seventy-five dollars ($75.00) fifty five dollars ($55.00) payable to the City of South.Bend Cent-relief at the time of the issuance of such permit, and shall be subject to the addition of a late penalty if not timely filed. b. The annual license shall be effective from March 1 to last day of February of the year for which the permit is issued. (5) Denial: If a license is denied, the applicant may appeal to the Mayor for a hearing pursuant to Section 4-16 of this Chapter. (e) Facilities. Every massage establishment shall maintain facilities meeting the following requirements: (1) Zoning: Every massage establishment shall be operated or conducted only in districts permitted by the City zoning chapter of the South Bend Municipal Code. (2) Sign: A recognizable and legible sign shall be posted at the main entrance identifying the establishment as a massage establishment. It shall comply with all applicable ordinances and State laws on sign requirements. (3) Security lockers: Every massage establishment shall be equipped with security lockers capable of being locked by the patron. A sufficient number of security lockers shall be provided so that each patron may properly secure and store his clothing and other personal valuables. (4) Separate facilities for male and female patrons: If male and female patrons are to be served simultaneously, such massage rooms, dressing facilities, restrooms and sauna rooms as are provided shall be separate facilities for male and female patrons and each separate facility or room shall be clearly marked as such. Said separated facilities shall consist of the following: One shower; one washbasin; one restroom facility; one dressing facility and one massage room incapable of being locked from the interior. A shower shall be a single person shower and no one except the customer shall use or enter the shower. Every massage establishment shall have washbasins equipped with both hot and cold water, anti-bacterial soap, sanitary towels and a door equipped with a lock for privacy. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 13 (5) Facilities for employees: A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practical to the area devoted to the performing of massage services. In addition, there shall be provided sanitary towels in permanently installed dispensers at each washbasin. (6) Size and lighting: Minimum lighting shall be provided in accordance with the municipal building code, and in addition, at least one artificial light of not less than forty(40)watts shall be provided in each room or enclosure where massage services are performed on patrons. Lighting in or on the establishment in colors other than white or natural is prohibited. Such rooms shall have at least fifty (50) square feet of clear floor area. (7) Ventilation: Minimum ventilation shall be provided in accordance with the municipal building code. (8) Equipment: All equipment necessary to properly furnish and maintain a massage establishment pursuant to the standards set forth by the American Massage -Therapy Association. . .. . . • - -. (9) The following requirements shall be used to maintain clean and sanitary linens: incorporated a. Soiled linen shall be handled as little as possible and with minimum agitation to prevent gross microbial contamination of the air and of persons handling the linen. b. All soiled linen shall be bagged or put into carts at the location where it was used. c. Linen soled with blood or body fluids, including perspiration shall be deposited and transported in bags to prevent leakage and human contact with the blood or bodily fluids. d. Linen shall be washed with a detergent in water at least 71° C (160°F) for 25 minutes. • Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 14 e. Clean linen shall be transported and stored by methods that will ensure its cleanliness. f. All washed linen shall be dried at a high temperature setting. (10) All exterior windows of the massage establishment, except those in a room where massage therapy is performed, shall remain at least seventy-five percent (75%) uncovered by curtains, shades, or any other material that restricts the view from the outside during business hours. (11) The person performing massage therapy shall prominently display their massage therapy license or a clearly legible copy for full viewing by patron or customer while performing massage therapy. (f) Operation. Every massage establishment and every person desiring to perform massage therapy massage technician shall comply with the following operating requirements. These requirements shall be prominently and publicly displayed in a conspicuous place upon every premises licensed under the provisions of this section. (1) Massage establishments shall commence operations no earlier than 7:00 a.m. and the hours of operations shall extend no later than 12:00 midnight. (2) Massage establishments and persons who perform massage therapy massage technicians therein shall prominently and publicly display on the premises their respective licenses and permits during all hours of operation. (3) A list of services available and the cost of such services shall be posted in an open, public place on the premises, and shall be described in readily understandable language. No owner, operator, responsible managing employee or manager shall permit and no persons who performs massage therapy massage techMeia. shall offer to perform any services other than posted and at any time outside of the hours of operation. (4) Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. - , - • ., : • - . stored in cabinets. Towels and linens shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable coverings and towels shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in approved receptacles. Rooms shall be equipped with cabinets for the storage of clean linen, chemicals, and biohazard receptacles for the storage of soiled linen. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 15 (5) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, restrooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant approved by the Health Department after each use. All walls, ceilings, floors and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. (6) Instruments utilized while performing a massage that come into direct contact with the patron's skin must be sterilized. These instruments must be kept in single-use packages until use and then re-sterilized before use again. Any instrument used during a massage that does not come into direct contact with the skin of the patron must undergo disinfection following its use Massage table pads must undergo disinfection following their use. All chemical containers shall be stored in cabinets in cabinets reserved solely for that purpose. •• -- - -•• . • Massage table pads and reusable table coverings shall be disinfected between each (7) Massages shall not be given unless patrons are wearing clothing fully covering their genitals and female patrons are in addition wearing clothing fully covering their breasts. Where such clothing is furnished patrons by the massage establishment, it shall not be used by more than one patron unless it has first been laundered and disinfected. Massagete Persons performing massage therapy shall be fully clothed from the knee to the neck in clean, light-colored clothing. (8) No persons shall enter, be or remain in any part of a massage establishment while in the possession of, consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee or manager shall not permit any such person to enter or remain upon such premises. (9) Massages shall not be given to patrons who have open sores or other visual signs of contagious or communicable disease. (10) No person in any massage establishment under this section shall place his or her hand upon, tuch with any part of his or her body, fondle in any manner, or massage a sexual and/or genital area of any other person. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 16 (11) Massage establishments are prohibited from installing or maintaining any lock or similar device on any door to an area where massage services are provided., (12) The entrance to the massage establishment shall remain unlocked during business hours. (13) No massage establishment shall place, publish, or distribute or cause to be placed, published or distributed, any advertisement, picture or statement which is known or through the exercise of reasonable care, should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any massage services or which is sexually suggestive. (14) No bathing or cleaning of a customer or patron shall be performed by any person other than the customer or patron. (15) No stuffed or upholstered furniture or beds and mattresses shall be permitted in rooms in which massage is to be practiced or administered. The rooms shall be equipped with massage tables having a hard surface impervious to liquids with a width of no more than three feet (3') and a length of no more than eight feet (8'). The surface of the tables shall be positioned at least two feet (2') from the surface of the floor so as to allow for free access to the floor beneath. The tables may be equipped with either non-disposable pads or covering or disposable covering no more than two and one-half inches thick. Non-disposable pads or coverings shall be removable, impervious and cleanable. (g) Inspections. Building inspectors, &men firefighter inspectors and health officers shall at least twice each year make an inspection of each massage establishment in the City for the purpose of determining that the provisions of this Chapter are met. Such inspections shall be conducted after reasonable notice is given to the owner or operator of a massage establishment; they shall take place during the hours such establishment is open for business; and only upon the showing of proper credentials of such persons. All other investigatory power such officers may have from State laws shall be incorporated herein. (1) In the event a person, who has common ownership over a building or structure or their authorized representative or the massage establishment permittee or their authorized representative does not permit an inspection by an authorized representative of the Health Department, it shall be grounds for the immediate suspension of the license to perform massage therapy at the establishment and the suspension shall remain in effect unless rescinded by the Health Officer. Failure of Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 17 the person to permit an inspection will be sufficient grounds and probable cause for a court of competent jurisdiction to issue an administrative warrant for the purpose of inspecting and records examination necessary to carry out the provisions of this Section. (2) Whenever the Health Department determines that there are reasonable grounds to believe that there has been a violation of the health and safety provisions of this Section, the Health Department shall give notice in writing of the alleged violation to the person or persons responsible thereof, and to any known agent of the person. This notice shall: a. Include a statement of reasons why is is being issued;, b. Allow a reasonable time for the performance of any corrective action it requires; c. Describe the penalty that is imposed for the violation; and d. Be served upon the owner or his or her agent or the operator, as the case may require; provided that the notice shall be deemed to be properly served upon the owner or agent or upon the operator, if a copy thereof is served upon him or her personally, or if a copy thereof is sent by certified mail to his or her last known address, or if a copy thereof is posted in a conspicuous place in the dwelling affected by the notice, or if he or she is served with the notice by any other authorized or required method under the laws of this state. (h) Grounds for revocation or suspension of license or-pet:mit: (1) Massage establishments and persons performing massage therapy merge tech shall be subject to all pertinent City and County ordinances and the State of Indiana statutes and violation of any such laws shall be grounds for the suspension or revocation of licenses or permits. (2) It shall be unlawful for any person to operate a massage establishment without having a license therefore as required by this Section. (3) It shall be unlawful for any person to perform massage therapy act as a massage technician without having a permit therefore as required by this section. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 18 (4) It shall be unlawful for any person who operates a massage establishment to allow or permit persons to perform massage therapy . . - - • . . _ - - .. without first having a license permit therefore as required by this section. (5) It shall be unlawful for any person to perform massage therapy act as a massage t within a massage establishment which does not have a license therefore as required by this section. (j) Conducting in violation of section deemed a nuisance. Any massage establishment operated, conducted or maintained contrary to the provisions of this section shall be unlawful and declared a public nuisance. The Law Department City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action for the abatement, removal or enjoinment therefore, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this section. (k) Penalty. Additionally, any person who violates any provision of this section shall be issued an ordinance citation of two hundred fifty dollars ($250.00) for the first violation; with a minimum fine of five hundred dollars ($500.00) for each violation thereafter, with the Law Department being authorized to seek the maximum financial penalty permitted by Indiana law for repeat violations. - , . .. .• . . . - - . - •, : : • . - - •• . - - -• - !! !! Any violation found by the Health Department shall result in the violator being liable to the Health Department for any expense, loss or damage occasioned it by reason of the violation, including the costs for labor, supplies, equipment and services. The violation of any provision of this article shall constitute a separate offense for each day such violation may exist. (Ord.No. 6998-81, § 1; Ord.No. 7723-86, §2;Ord.No.9093-00, § IX) Section II. Repeal of Conflicting Ordinances: All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section III. Severability: If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 19 Section IV. This ordinance shall be in full force and effect on January 1, 2013, from and after its passage by the Common Council, approval by the Mayor and legal publication. OAL Member of the Common Counli aka. A „ „ CF,r;.; Laj John Voorde, City Clerk Couna ackn on Hs issue, ads°flied*me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock . m. Janice Talboom, Deputy Clerk Stifordeed and 9yned me on lee day of , 2012, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana Flied In Office READING PUBLIC HEARING L; 1 9 ZO1Z 3 rd READING NOT APPROVEV J0144 REFERRED CITY CLERK,SOUTH BEND,IN PASSED ,4,.� �!;/ : City of South Bend = :Z '„ : Common Council x J■ 1865 441 County-City Building • 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President Oliver J. Davis Vice-President Karen L. White November 19, 2012 Chairperson, Committee of the Whole Members of the Common Council Tim Scott 4th Floor County-City Building First District South Bend, Indiana 46601 Henry Davis, Jr. Re: Proposed Amendments to Massage Establishment& Massage Therapy Second District Regulations Valerie Schey Dear Council Members: Third District Fred Ferlic The attached ordinance would bring our local licensing and health & public Fourth District safety regulations addressing massage establishments and persons offering massage therapy in compliance with new state law regulations and new David Varner amendments enacted by St. Joseph County. Fifth District We have been working with the St. Joseph County Health Department on these Oliver J. Davis proposed amendments. Earlier this month, the St. Joseph County Council Sixth District unanimously passed an ordinance making similar changes. Derek D. Dieter At Large South Bend's regulations in this area, have not been updated since 2000. The proposed regulations primarily focus on: Gavin Ferlic At Large • Requiring applicants who wish to provide massage therapy to first obtain certification from the State Board of Massage Therapy, which is under the Karen L. White Indiana State Department of Health At Large • Updates health and safety regulations and terminology to comply with the Indiana Code and the Indiana Administrative Code • Recommends the same fee schedule as that required by St. Joseph County, namely $75 for a massage therapy license and $200 for a massage establishment license Cover Letter to Ordinance Amending SBMC§4-35 Massage Establishments&Massage Therapy Regulations November 19,2012 Page 2 • Changing the date for applying for such licenses, at the request of the Department of Administration of Finance, to "on or before February 28th", which is similar to St. Joseph County's requirements The proposed regulations would take effect on January 1, 2013. As noted by the St. Joseph County Health Department, the proposed amendments are necessary in order "to protect the integrity of the massage therapy industry". Massage therapy is a valuable therapeutic service, and its professionalism must be protected. The proposed regulations would also protect the health and public safety of persons who need or request properly licensed massage therapy. I recommend that the attached ordinance be referred to the Health and Public Safety Committee, and be set for 2"d & 3rd readings and public hearing at the Council's regular Common Council meeting scheduled for December 10th Thank you. Most sincerely, Dr. Fred Ferlic, Chairperson Health and Public Safety Committee Attachment cc: Dr. Thomas Felger, St. Joseph County Health Officer Mr. Marc Nelson, Environmental Health Officer, St.Joseph County Health Department Flied in 4 Office NOV 19 2012 CI Y CLERK pu �'a BEND.oW \P-)A\• (4313 0,6 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ESTABLISHING MARTIN LUTHER KING,JR.(MLK) DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2,ARTICLE 8, SECTION 2-121 OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT On November 2, 1983, President Ronald Reagan signed a bill, proposed by U.S. Representative Katie Hall of Indiana which formally created a federal holiday to honor Reverend Martin Luther King, Jr. The first observance began on January 20, 1986, and has been celebrated each year thereafter on the third Monday of January. In 1986, the Indiana General Assembly enacted Public Law 2-1986 which established Martin Luther King, Jr.'s birthday as a legal holiday in Indiana, and further designated that this holiday would be observed on the third Monday each January. Employees of St. Joseph County and Elkhart County are able to participate in planned activities and events to honor the life of Reverend King because for them Martin Luther King, Jr. Day is a paid holiday. It is fitting, appropriate, and respectful of Martin Luther King, Jr.'s legacy and influence on human rights and dignity, that officers and employees of the City of South Bend observe Martin Luther King, Jr. Day, the third Monday in January, as a paid holiday. The South Bend Common Council has previously recommended that this become a paid holiday for City officers and employees beginning calendar year January, 2013 (Resolution No. 4150-12). Establishing Martin Luther King, Jr. Day as a regular paid City holiday, although fitting, appropriate, and respectful, has a significant fiscal impact on the City's budget. To offset this impact, it is necessary that the total number of paid holidays for City officers and employees remain the same as it was before this enactment-- at ten holidays. Accordingly, the option of choosing an additional non-designated holiday will no longer be available to City officers and employees. NOW, THEREFORE BE IT ORDAINED AND DECREED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Commencing in calendar year 2013 Martin Luther King, Jr. (MLK) Day, observed on the third Monday of January is and shall be established as a designated holiday for officers and employees of the City of South Bend. SECTION II. Chapter 2, Article 8, Section 2-121(a) of the South Bend Municipal Code shall be and hereby is amended to read as follows: Sec. 2-121. Holidays. (a) Officers and employees shall receive nine (9) ten (10) designated holidays as approved by t h e Board of Public Works. -- • :: ": - - - - • - - : •:: . - - •-. - :::* •: -.. Martin-Luther-King-Day President's Day Celumbus- Obsewed Saturday Employee's Birthday Easter Monday • - •-.. - - - . I. . ) SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Cdcil Attest: L' 2 er.J Council ast-n on City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of ,2 , at o'clock .m. City Clerk Approved and signed by me on the day of , 2 at o'clock, .m. Mayor, City of South Bend, Indiana 1,-go-11 office z.;. READ:Nn PULC HEANNG 3 I'd READ;NG tiof*:z z012 NOT APPROVED - - CITY CLERK'smITI4 ��PI®, PASSED . 11111.111 , (--pU TJ18�1.,, 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR November 20, 2012 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance to Establish Martin Luther King,Jr. Holiday Dear Council President Dieter: I am pleased to attach for Council approval an ordinance which establishes Martin Luther King,Jr. Day as a regular paid holiday for City officers and employees beginning in calendar year 2013. This new holiday is the product of both executive and legislative thought, and I welcomed the Council's Resolution earlier this year (#4150-12) recommending that Martin Luther King Jr.'s birthday be a regular holiday beginning in 2013, not simply an alternative holiday for City personnel as it has been. The Martin Luther King,Jr. Day holiday has wide adherence throughout the country and within the State of Indiana. The Indiana legislature in 1986 enacted Public Law 2-1986 establishing Martin Luther King, Jr.'s birthday as a legal holiday in Indiana to be observed the third Monday each January. Employees of the City of Elkhart and Elkhart County are able to participate in planned activities and events honoring the life of Reverend King because his birthday is a paid holiday. With this ordinance, employees of South Bend will have the same opportunity. Having noted the importance of Martin Luther King, Jr. Day, I must also acknowledge that the addition of Martin Luther King, Jr.'s birthday as a City holiday has fiscal impact. Therefore, the City cannot establish this new holiday while at the same time continuing to offer City employees a non-scheduled, "floating" holiday. To do so would effectively increase the total number of holidays from ten to eleven, with financial consequences. For that reason the attached ordinance amends the South Bend Municipal Code to delete the floating holiday option at Chapter 2, Article 8, Section 2-121(a) of the Municipal Code. 1400 COUNTY-CITY BUILDING•227 W.JEFFERSON BOULEVARD• SOUTH BEND, INDIANA 46601 PHONE 574/235-9261• FAX 574/235-9892 Page 2 November 20, 2012 I will present this ordinance to the Common Council at its Committee meeting and at public hearing on. December 10,2012, and I hope you will give it your approval. Sincerely, Pete Buttigieg, May Filed in ce 2012 k CITY CLERK,SOW"g SEND,IN Po - ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2012 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances#10124-11 and #10125-11,passed 10/10/11)which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2012. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Crouncil Attest: �Cyst» w+� � :a 1::.; Q.4 7o a. i ` s _.. C .., City Clerk Council action on this issue, Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , 2012, at o'clock . m. Mayor, City of South B flfl Cieles Office P'EADuri k—LS,-f L air E.'(LARING rd r�,A:D i;G NOV 212012 ©7 AP?kOVED p�yy__g� qq JOHN F.SSED CITY CLERK,sow BEND,IN I 11. I I 1 I 1 I i ' I I i I ImI , 1 i i I I I I I I id; I i Ioi I I I I I I I I I i_I 11 1 1 1 I 1 17' 1 1 ° I I Im! I I ■ I l , G I I 1W1 1 1 1 1TI�' 1. h 1 1 1 IE, ! l t I ! IEI 1 'LL 1 IO1nI E 1 7'v 1E� c hl i I Iris E1 1 1 I IV'Ia"°iI I 1 hI I 1 1 1 « 1 1c o 7'I 2 1 I Ioi jot I I 1 1 1 I !■1 iG I Ic I o uIG ,_,_Ed I a E' I I l a I•vj In ! ml 2I I cco 1.'c«.1 o y! 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JEFFERSON BLVD. � �� i� PEACE FAX 574.235.9928 r' SOUTH BEND,INDIANA 46601-I830 :`� � /` •�,%65 a2',• CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 21, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W.Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: 2012 Year-End Budget Transfers and Additional Appropriation Ordinances Dear President Dieter, During the past several years, it has been the practice of the City of South Bend to request department heads,fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. Based on our year-end review, we are submitting three bills for consideration by the City of South Bend Common Council: • Budget Transfer Ordinance Between Various Departments and Cost Categories • Additional Appropriation Ordinance—Civil City Funds—$4,905,363 • Additional Appropriation Ordinance—Enterprise Funds—$242,500 I will present these bills to the Common Council at the appropriate committee and council meetings. It is requested that these bills be filed for 1st reading on November 26, 2012 with 2nd reading,public hearing and 3`d reading scheduled for December 10, 2012. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-7500. �' -°-w— - Filed in Coyle Office Regards, NOV 2 2012 Mark W.Neal CITY CLERK,SOUTH BEND,IN City Controller CC: Pete Buttigieg Mayor Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff Aladean DeRose, Interim City Attorney 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 2012 OF $690,000 FROM GENERAL FUND (#101), $100,000 FROM LAW ENFORCEMENT CONTINUING EDUCATION FUND (#220),$730,250 FROM EMS CAPITAL FUND (#288), $20,000 FROM INDIANA RIVER RESCUE FUND (#291), $66,000 FROM POLICE FEDERAL DRUG ENFORCEMENT FUND (#299), $1,799,113 FROM MAJOR MOVES FUND (#412)AND $1,500,000 FROM SELF-FUNDED EMPLOYEE BENEFIT FUND (#711). STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2012 operating and capital budgets in 2011 (Ordinance#10124-11,passed 10/10/11) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2012 and set apart within the following designated funds for expenditures as follows: Fund Amount General Fund (#101) $ 690,000 Law Enforcement Continuing Ed. Fund (#220) 100,000 EMS Capital Fund (#288) 730,250 Indiana River Rescue Fund (#291) 20,000 Police Federal Drug Enforcement Fund (#299) 66,000 Major Moves Fund (#412) 1,799,113 Self-Funded Employee Benefit Fund (#711) 1,500,000 TOTAL $4,905,363 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. 0,uvl 6, A Member of the Common Council Attest: City Clerk , A , iSL'qiCisi can Lal=1%). • Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock_ . m. Deputy City Clerk Approved and signed by me on the day of , 2012, at o'clock . m. 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IThil il I Iiig; leil l' 1,7)!' 1 1 15 FIZI 1:2 Ird 12 121 Iti 12; ',2i ,2 4-1 . 12 ; 1 ; lu_4- ,__1 4-, ,0101 I . 104- ,-4-, itii . . I. 1200N COUNTY-CITY BUILDING ¢. .\ lif W PHONE 574.235.9216 \227 W. JEFFERSON BLVD. ' U \ ,\ i C �� rcE i FAX 574.235.9928 SOUTH BEND,INDIANA 46601-1830 1865 . CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 21, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard,4t1 Floor South Bend, Indiana 46601 RE: 2012 Year-End Budget Transfers and Additional Appropriation Ordinances Dear President Dieter, During the past several years,it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. Based on our year-end review, we are submitting three bills for consideration by the City of South Bend Common Council: • Budget Transfer Ordinance Between Various Departments and Cost Categories • Additional Appropriation Ordinance—Civil City Funds—$4,905,363 • Additional Appropriation Ordinance—Enterprise Funds—$242,500 I will present these bills to the Common Council at the appropriate committee and council meetings. It is requested that these bills be filed for l st reading on November 26, 2012 with 2nd reading, public hearing and 3rd reading scheduled for December 10, 2012. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-7500. Filed Regards, J7, . 0 E ' ei .J O/ Mark W.Neal 4[cnv CLEFa, ;r ,N atom,IN City Controller .N. ,. CC: Pete Buttigieg Mayor Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff Aladean DeRose, Interim City Attorney COCk ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2012 OF $242,500 FROM SOLID WASTE FUND (#610) STATEMENT OF PURPOSE AND INTENT The Common Council passed the City's 2012 operating and capital budgets in 2011 (Ordinance#10125-11,passed 10/10/11), which included expenditures for various City enterprise operations. It is now necessary to appropriate additional funds for operational expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2012 and set apart within the following designated funds for operational expenses as follows: Fund Amount Solid Waste Fund (#610) $242,500 TOTAL $242,500 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 Cou it Attest: i.s rindS 6rvo i6i�v Y m`»+yw re) w U I S City Clerk b" " * Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2012, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , 2012, at o'clock . m. Mayor, City of South Bend, Indiana • Filed in Clo0f', Office M.:ADING NOV 2 1 2012 • IL Lc HEARING rd RADMG JOHN VOORrai ,:(721* AP?ROVED CITY CLERK,SOUTH BEND,IN REFE'RRID PASSED ; , , ; . • ; , I ! 1 I ; 1 ' ; ; • I • 0 c, Q. i2,1 I -0, ; , !51 il ';.! • , : : 7 2: al -a. • :. ; '6, 0, ! i .-c .c 2, . .. • . , , . 1 0.:-..i ilIcil 1•`;'.,1 :El.: . O• !La;r.., 12:01 7-' ivl<1, ;.;!•E', I m 0 !!-, ?; Igin! 4(., - ,,,,01 ,11-S131t.I, ■ I.3117c1c19....■Ei ! 11O12,*„,21,4,1 i 1 4)1811 1"-wrii 6101:? I ID 1 1 '0 !ii".41ill U. 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II I 1 . of i 21 2i 21 l ' 1 :3'11 , 1 1 0 . 1..i., i 1 1 i 0, 0,01.0., _J ; 1 i , o), .5■,),co.co i I ■ ' 1 ; ; 113 •-• , IIIIIHI III , i ! i : 1 1 ! i1 . 1. 1 : ■ 4, 1 ii . 1 1 1 . , } v 1 1 I I I 102. g -0 -.! ,, i E1 , 5 c, cl !,I ; c Lu O lu-'21 ,LP.Iii2lui f... I es 2 if 9 1 l29411 13' I '>'-' • ,.',... ,.,i. ,,,, Of I I- i ,, ' ' I', '.0iVi :0,001 3: g' I 3 ! Itittl IF cs, 1(0(01 co;(oics): .w "SpUTl�B ., 1200N COUNTY-CITY BUILDING ;.F/`,.\ i � ? PHONE 574.235.9216 227 W. JEFFERSON BLVD. FAx 574.235.9928 SOUTH BEND,INDIANA 46601-1830 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE November 21, 2012 Mr. Derek D. Dieter,President City of South Bend Common Council 227 W.Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: 2012 Year-End Budget Transfers and Additional Appropriation Ordinances Dear President Dieter, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments during the middle of the year and at year end. Based on our year-end review, we are submitting three bills for consideration by the City of South Bend Common Council: • Budget Transfer Ordinance Between Various Departments and Cost Categories • Additional Appropriation Ordinance—Civil City Funds—$4,905,363 • Additional Appropriation Ordinance—Enterprise Funds—$242,500 I will present these bills to the Common Council at the appropriate committee and council meetings. It is requested that these bills be filed for 1st reading on November 26, 2012 with rd reading,public hearing and 3rd reading scheduled for December 10, 2012. Thank you for your attention to this request. If you should h. - . • _ 'ors a to contact me at 574-235-7500. Filed in 4.a°4f Office Regards, NOV 21 2012 Mark W.Neal CRY CLERK,SOUTH H SEND,IN City Controller CC: Pete Buttigieg Mayor Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff Aladean DeRose, Interim City Attorney JOHN W. BYO RN I EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (574)235-9571 \f)- COO ' 1,,r)•+' Wednesday,November 21,2012 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Swiggard Properties, LLC to zone from GI General Industrial District to GB General Business District, property located at 4626 Burnett Drive, City of South Bend-APC#2654-12. Dear Council Members: I hereby Certify that the above referenced ordinance of Swiggard Properties, LLC was legally advertised on Thursday, November 08,2012 and that the Area Plan Commission at its public hearing on Tuesday, November 20, 2012 took the following action: Upon a motion by Karl King, being seconded by Phil Sutton and unanimously carried,the proposed ordinance of Swiggard Properties, LLC to zone from GI General Industrial District to GB General Business District, property located at 4626 Burnett Drive, City of South Bend, is sent to the Common Council with a favorable recommendation. The rezoning to GB General Business District will allow the site to host businesses that can co-exist within a small,mixed-use industrial park. 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, W44444 ohn W. Byorni Attachment CC: Swiggard Properties, LLC Pet Refuge .,-�,.�>-,......,.......-..�.. Filed Danch Hamer&Associates `" e' ;ti s t '' �&1 Pi 4:,:2..A CITY CLERK,SOUTH SEND,IN SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND vvww.stjosephcountyindiana.com/Areaplan Staff Report 11/8/2012 APC# 2654-12 Owner: Swiggard Properties, LLC Location: 4626 Burnett Drive South Bend 46614 Jurisdiction: City of South Bend Public Hearing Date: 11/20/2012 Requested Action: The petitioner is requesting a zone change from GI General Industrial District to GB General Business District to allow a kennel with outdoor runs, and three variances from the development standards. Land Uses and Zoning: On site: On site is an existing industrial building. North: To the north is Silverline Molds zoned GI General Industrial District. East: To the east is Kodiak Range zoned GI General Industrial District. South: To the south is Michiana Restoration and City Awning zoned GI General Industrial District. West: To the west is All Secure Self Storage zoned GI General Industrial District. District Uses and Development Standards: The"GB" General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles;commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are often brightly lighted and noisy. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site Plan Description: The total area is 1.24 acres. There is an existing 12,000 square foot building covering 22%of the site. There are 15 parking spaces, ten to the north of the building and five to the south.The northeast corner of the site will be fenced. Access is from Burnett drive on the south and west. Zoning and Land Use History And Trends: In 1974,this area was rezoned to heavy industrial. Traffic and Transportation Considerations: Burnett Drive is a two lane road with access to Ireland Road. Utilities: The site will be served by public water and public sewer. APC# 2654-12 Page I of 3 Staff Report 11/8/2012 Agency Comments: The Department of Community and Economic Development gave a favorable recommendation. The City Engineer had no comments. Since the western quarter of the site is located in a floodplain,the Indiana Department of Natural Resources requires written approval for any type of construction, excavation, or filling in or on a floodway. Staff Comments: This is a combined public hearing which includes a rezoning and three variances. The Commission will forward the rezoning to the Council with or without a recommendation,and either approve or deny the variances. The petitioner is requesting the following 3 variances: I)from the required perimeter trees at a rate of one(I) over-story deciduous trees every forty (40)feet to a maximum spacing of eighty(80)feet on center along Burnett Drive and no additional perimeter trees along the north or east property lines; 2)from the required 24 foot aisle way in the north and south parking area to a minimum of 16.5 feet; 3)from the required 38 parking spaces to a minimum of 15 spaces. Commitments: No commitments are proposed. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: I. Comprehensive Plan: Policy Plan: City Plan,South Bend Comprehensive Plan (November 2006) Objective ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Map identifies this area as Heavy Industrial. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: This area is an established industrial park, with a mix of uses like storage,truck terminal, contractors and medical support businesses. 3. Most Desirable Use: The most desirable use is one that can blend into the existing industrial park. 4. Conservation of Property Values: Due to the mixed use character of the industrial park, surrounding property values should not be affected. APC# 2654-12 Page 2 of 3 Staff Report I 1/8/2012 5. Responsible Development And Growth: It is responsible development and growth to allow compatible businesses to move into an established mixed use industrial park. 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; and that the three variances be approved,as submitted. Analysis: The rezoning to GB General Industrial District will allow the site to host businesses that can co- exist within a small, mixed-use industrial park. The variances meet the standards for approval by accommodating the unusual siting of the existing building on the lot. APC# 2654-12 Page 3 of 3 rNi: • CSI 3 CO • • { St Joseph Valley St Joseph valley Rezoning from: "GI" GENERAL INDUSTRIAL DISTRICT to "GB" GENERAL BUSINESS DISTRICT • N - ZONING CLASSIFICATION U`if� .':'� E ' 1 Y COUNTY"M"MANUFACTURING INDUSTRIAL DISTRICT S SOUTH BEND"CB" COMMUNITY BUSINESS DISTRICT inch = 300 � } SOUTH BEND"LI" LIGHT INDUSTRIAL DISTRICT V l SOUTH BEND"GI" GENERAL INDUSTRIAL DISTRICT APC # 2654-12 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4626 BURNETT DRIVE, SOUTH BEND, INDIANA, 46614, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM GI GENERAL INDUSTRIAL DISTRICT TO GB GENERAL BUSINESS DISTRICT TO OPERATE A KENNEL WITH OUTDOOR RUNS. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, as 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: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 11 OF THE PLAT OF "BURNETT INDUSTRIAL PARK" AS RECORDED IN THE RECORDS OF THE ST JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 1.24 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as GB General Business District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council,approval by the Mayor, and legal publication. Member of the Common Council 2 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock .m. City Clerk Approved and signed by me on the day of 20 , at o'clock .m. Mayor of the City of South Bend, Indiana lo(gkiL Filed In Ciories nftlice OCT Z012 1 sl READVG PUPEC 4044 4/MIKA 3rd .+,;;;1,-K3 CITY 014F4K,$01,11111 MA IN NOT A - t-3 a OM- RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3733 Locust Street, South Bend, IN 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 the property located at: 3733 Locust Street, South Bend,IN in order to permit: A Government Facility; Indiana Tribal Government Office for the Pokagon Band of Potawatomi Indian, a Federally recognized Native American Tribe with a service area in the State of Indiana. SECTION IL 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 or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. a 0 L Q6 Member of the Common Council Filed In Clerk's Mc() 1 352012 CITY CLERK,SOUTH BEND,IN lICSENTEi .:. Ic)T APPRbvE 5' r DopFri AREA BOARD OF ZONING APPEALS INSTRUCTIONS FOR FILING PETITIONS The FOLLOWING ITEMS are needed to FILE A PETITION before the AREA BOARD OF ZONING APPEALS. • i / f ∎ I ; I ; / /1 It . I : I I 1. 12 copies of a typewritten or computer generated petition,in the form of a letter or statement and is to include the following information: a. NAME,ADDRESS AND PHONE NUMBER OF PETITIONER AND/OR PROPERTY OWNERS. Pokagon Band of Potawatomi Indians c/o WJC Holdings LLC 58620 Sink Rd. Dowagiac,MI 49047 269-782-8998 b. LOCATION OF PROPERTY IN PETITION(ADDRESS). 3733 Locust Street, South Bend,IN c. STATEMENT OF VARIANCE REQUESTED AND REASON FOR REQUEST. Request is for a special use exception. d. ADDRESS INDIVIDUALLY IN A LETTER TO THE BOARD EACH OF THE FOLLOWING STANDARD FOR VARIANCE I.C.36-7-4-918.5: No variance is requested at this time. 1. WHY the approval will not be injurious to the public health, safety,morals and general welfare of the community. 2. WHY the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner 3.WHY the strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. e. NAME,ADDRESS AND PHONE NUMBER OF PERSON PRESENTING PETITION,IF OTHER THAN OWNER. Jason M. Wesaw, Government Manager Pokagon Band of Potawatomi Indians 58620 Sink Rd. Dowagiac,MI 49047 269-782-8998 f. ZONING CLASSIFICATION of property and TOWNSHIP it lies in SF1 -Single Family&Two Family District,Centre Township g. SIGN the petition. AREA BOARD OF ZONING APPEALS STANDARDS FOR SPECIAL EXCEPTIONS ALL PAPERWORK IS TO BE FILED BY NOON OF THE FILING DEADLINE When applying for a Special Exception the Standards below must be addressed and incorporated in the written statement or petition. STANDARDS FOR SPECIAL EXCEPTIONS I.C. 36-7-4-918.4 as listed below: i. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The Pokagon Band of Potawatomi Indians was restored to federal tribal status through act of Congress,(P.L. 103-323, 108 Stat.2153,25 U.S.C. 1300j-1300j-8(the Restoration Act)which was signed into law by President Clinton on September 21, 1994.The Restoration Act established a tribal service area for the Pokagon Band consisting of ten counties including the Michigan counties of Allegan, Berrien, Van Buren, and Cass and the Indiana counties of St. Joseph, Elkhart, La Porte, Starke,Marshall, and Kosciusko. 1,701 Tribal citizens or 85% of the service area population live within the service area counties of Michigan. 304 or 15%of the service area population live within the service area counties of Indiana. . The Pokagon Band has maintained a Tribal Government Office in Michigan and Indiana ever since federal recognition in1994. The Michigan Pokagon Band Tribal Government Office is located at 58620 Sink Rd, in Dowagiac, Michigan. Currently,the Pokagon Band has Indiana Tribal Government Office located at 310 W. McKinley, Suite 300 in Mishawaka, Indiana. The Pokagon Band would like to relocate the Indiana Tribal Government Office to 3733 Locust Street. This property will provide for a government use that will not be injurious to the public health, safety, comfort,community moral standards, convenience or general welfare. ii. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The property at 3733 Locust Street is located in a SF1- Single Family and Two Family District. In the City of South Bend Zoning& Subdivision Ordinance,under Section 21-02.01(2) (B) Special Use Exceptions, "Governmental Use: Including but not limited to: Fire Station or Police Station"is listed as an approved use in the SF1-Single Family and Two Family District. The property at 3733 Locust Street will provide for a government use that will not injure or adversely affect the use of the adjacent area or property values. iii. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and The Pokagon Band will utilize the house on the property as the Indiana Pokagon Band Tribal Government Office. This office will provide administrative functions that serve area Tribal citizens. There will be no external changes or construction to the existing house.No new construction is planned for this property at this time. The property at 3733 Locust Street will provide for a government use that will be consistent with the character of the district. iv. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. In the City of South Bend, Indiana Comprehensive Plan, the future land use map indicates the property at 3733 Locust Street,South Bend, Indiana is in an area that is envisioned as a regional commercial node that will serve a large,metropolitan area and will be a regional draw. These nodes would include mix uses such as"institutional",which"includes facilities of public or private primary or secondary schools, vocational and technical schools,college, and universities; government facilities,hospitals, and museums". These nodes generate large volumes of traffic and are usually located on the outskirts of a city or town. The property at 3733 Locust Street will provide for an institutional use that is compatible with the recommendations of the City of South Bend Comprehensive Plan. • 2°0 w 0 0 Z Q6, O n' r'S o L. ZV4 N i- t- . Q R.So Q . a . ri Ei Air mrr'.w.. . may, - O a1g y2:. Xm0 CO y ti, O xi°m *0 . r 06,. nmZAo, 9. m 2N y�0p0_; x<W rn 0� 20�Z'ci' ry to ZZ r G) voi�°m' mXJ 92 O Q ZeOn iZg 1 0 w 03x0 02, - Hh!20 oW p 11 O 1 y fD 0 r;0 0Dta 0 N Z° 1-c4 mm N us Z 70DD7ZCs' O u, M >Zgu' om3� �E j 3c rn X 6, ODQOD iZ. w m u' r pro D07i O -w' ZC m Z ° r2 0 y z0 0 y cn mA r 3 -n m m co 1 . Zr::::› 1 HRGINC P.O.BOX 2859 SOUTH BEND,IN 46680 BARRY&CHARLENE CLAYWELL 21815 TRILLIUM SOUTH BEND,IN 46614 LARRY L.&MARIA FISHER 59255 LOCUST RD SOUTH BEND, IN 46614 MARK W.&KELLY E. STEVENS 3515 LOCUST RD SOUTH BEND,IN 46614 GERALD A.BROWN&GERALD S.BROWN 3603 LOCUST RD SOUTH BEND,IN 46614 TRUSTEES OF PINK LIVING TRUST DAVID A&MOLLY PINK 3631 LOCUST RD SOUTH BEND, IN 46614 WALTER D.SR AND LORRAINE A.REGAN RES LIFE EST WALTER D.REGAN JR&MICHAEL J.REGAN&PAUL M.REGAN&GRACE A.REGAN 3630 LOCUST RD SOUTH BEND,IN 46614 ARNOLD&PETRA MORENO 3736 S.LOCUST RD SOUTH BEND,IN 46614 MA INVESTMENTS LLC 55 W.22ND ST#320 LOMBARD,IL 60148 WAYNE M.TOTH 68295 LILAC RD LAKEVILLE,IN 46536 ANN GILLIGAN-HINDI 5431 OLYMPIA FIELDS LANE HOUSTON,TX 77069 POKAGON BAND OF POTAWATOMI INDIANS do WJC HOLDINGS LLC ATTN:JASON M.WESAW,GOVERNMENT MANAGER 58620 SINK RD. DOWAGIAC,MI 49047 adP ,. 087 • f F , dJ _ ,„, gyp. '� .7 e ' 1 t ',41%iii • i •O °° v • 4 • a OP s.? a -) i�' • , r �Z igll Id . cn . . • } •.d S.'• .i` , ;fir 1 n.a • m 0 a... ,, '.. , iy_ +.� ' �- .- (D N s , ”" ,e. , !,,, • _ a Ii' .. 1 ,, gli . N . ' . ' i . ki 0• gi z AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 November 8, 2012 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of the Pokagon Band of Potawatomi Indians ABZA 11/7/12 Dear Council Members: The above referenced petition of the Pokagon Band of Potawatomi Indians was legally advertised on October 11,2012. The Area Board of Zoning Appeals gave it a public hearing on November 7, 2012,at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried, the petition for Special Exception to allow a governmental office in a"SF1"District, on property located at 3733 Locust Road, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date,to be made part of this.report. Sincerely, Charles C. Bulot, C.B.O. Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS POKAGON BAND OF POTAWATOMI INDIANS FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS,CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety,traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: The Special Exception is not deviating from the spirit, character and intention of the district in which it is located. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 7TH Day of NOVEMBER,2012. YES NO MICHAEL URBANSKI ABSENT RANDALL MATTHYS JACK YOUNG GERALD PHIPPS ROBERT HAWLEY JOE VELLEMAN © BRENDAN CRUMLISH