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Home My WebLink About01-11-2021 FINAL Agenda Packet MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M. JONES, CITY CLERK DATE: THURSDAY, JANUARY 7, 2021 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, January 11, 2021: Virtual Conference call via Microsoft Teams Join here: https://tinyurl.com/CC011121 4:00 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN 1.Substitute Bill No. 58-20- Amending Zoning Text #2 2.Substitute Bill No. 59-20- Amending Zoning Text #33.Substitute Bill No. 60-20- Amending Zoning Text #44.Bill No. 70-20- Special Exception Use 1915 N. Bendix5.Bill No. 71-20- Special Exception Use 1643 Prairie 4:45 P.M. COMMUNITY RELATIONS CHAIRPERSON, HAMANN 1.Bill No. 21-01- CRB, Director of the Review Office Job Description Resolution Council President Karen L. White has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Relations Committee meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, K. WHITE 1. Discussion of Council Agenda2.Update and Announcements3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible South Bend Common Council Meeting Agenda Monday, January 11, 2021 7:00 P.M. ***Due to the Executive Order by Indiana Governor Holcomb, the South Bend Common Council meeting will be legally held by way of a virtual meeting by using Microsoft Teams app. Public access to the meeting can be granted by this link: https://tinyurl.com/SBCC011121 1.INVOCATION 2.PLEDGE OF ALLEGIANCE 3.ROLL CALL 4.REPORT FROM THE SUB-COMMITTEE ON MINUTES 5.SPECIAL BUSINESS 6.REPORTS FROM CITY OFFICES 7.COMMITTEE OF THE WHOLE BILL NO. 58-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE MISCELLANEOUS TECHNICAL CHANGES FOR CLARIFICATION AND CONSISTENCY AND TO CORRECT TYPOGRAPHICAL ERRORS IN VARIOUS ARTICLES (SUBSTITUTE) 59-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO REFORMAT AND CLARIFY THE NNZO NORTHEAST NEIGHBORHOOD ZONING OVERLAY (SUBSTITUTE) 60-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PARKING AND ACCESS STANDARDS (SUBSTITUTE) 70-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1915 N BENDIX 71-20 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1643 PRAIRIE 8. BILLS ON THIRD READING BILL NO. 58-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE MISCELLANEOUS TECHNICAL CHANGES FOR CLARIFICATION AND CONSISTENCY AND TO CORRECT TYPOGRAPHICAL ERRORS IN VARIOUS ARTICLES (SUBSTITUTE) 59-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO REFORMAT AND CLARIFY THE NNZO NORTHEAST NEIGHBORHOOD ZONING OVERLAY (SUBSTITUTE) 60-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PARKING AND ACCESS STANDARDS (SUBSTITUTE) 70-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1915 N BENDIX 71-20 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1643 PRAIRIE 9. RESOLUTIONS 21-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE JOB DESCRIPTION OF THE COMMUNITY POLICY REVIEW DOARD DIRECTOR OF THE REVIEW OFFICE 10. BILLS ON FIRST READING 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT Notice for Hearing and Sight Impaired Persons: Auxiliary aid or other services are available upon request at no charge. Please give reasonable advance request if and when possible. 2021 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-07-2021) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Rachel Tomas Morgan, Chairperson Sharon L. McBride, Member Eli Wax, Vice-Chairperson Canneth Lee, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Lori K. Hamann, Chairperson Troy Warner, Member Henry Davis, Jr. Vice-Chairperson Eli Wax, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Karen L. White, Member Eli Wax, Member Sharon L. McBride, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Eli Wax, Chairperson Sharon L. McBride, Member Troy Warner, Vice-Chairperson Sheila Niezgodski, Member Rachel Tomas Morgan, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Henry Davis, Jr., Member Lori K. Hamann, Vice-Chairperson Troy Warner, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Lori K. Hamann, Member Troy Warner, Vice-Chairperson Canneth Lee, Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Troy Warner, Chairperson Sharon L. McBride, Member Eli Wax, Vice-Chairperson Sheila Niezgodski, Member Rachel Tomas Morgan, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Troy Warner, Member Henry Davis, Jr., Vice-Chairperson Lori K. Hamann, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Canneth Lee, Chairperson Henry Davis, Jr., Member Sheila Niezgodski, Vice-Chairperson Sharon L. McBride, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Henry Davis, Jr., Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Sheila Niezgodski, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Lori K. Hamann, Chairperson Canneth Lee, Member Sheila Niezgodski, Vice-Chairperson Henry Davis, Jr., Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Troy Warner, Member Eli Wax, Member 2021 COMMON COUNCIL STANDING COMMITTEES (Rev.01-07-2021) CANNETH LEE, 1ST District Council Member Residential Neighborhoods Committee, Chairperson PARC Committee, Member Community Investment Committee, Member Zoning & Annexation Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Community-Relations Committee, Vice-Chairperson Information & Technology Committee, Member Public Works & Property Vacation, Vice-Chairperson Zoning & Annexation Committee, Member SHARON L. MCBRIDE, 3rd District Council Member Vice-President PARC Committee, Chairperson Community Investment Committee, Member Residential Neighborhoods Committee, Member Council Rules Committee, Member Health & Public Safety Committee, Member TROY WARNER, 4TH District Council Member Personnel and Finance Committee, Chairperson Utilities Committee, Member Health & Public Safety Committee, Vice-Chairperson Sub-Committee on the Minutes, Member PARC Committee, Vice-Chairperson Information & Technology, Member Public Works & Property Vacation, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Utilities, Vice-Chairperson Community Investment, Vice-Chairperson Sub-Committee on Minutes, Member Personnel & Finance, Vice-Chairperson Council Rules Committee, Member SHEILA NIEZGODSKI, 6TH District Council Member Chairperson, Committee of the Whole Public Works & Property Vacation, Chairperson Personnel & Finance Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Health & Public Safety Committee, Member Zoning & Annexation Committee, Vice-Chairperson Utilities Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson Health & Public Safety Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member KAREN L. WHITE, AT LARGE Council Member President Council Rules Committee, Member Community Investment Committee, Member LORI K. HAMANN, AT LARGE Council Member Community Relations Committee, Chairperson PARC Committee, Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Information & Technology Committee, Vice-Chairperson SUBSTITUTE BILL NO. 58-20 SUBSTITUTE BILL NO. 58-20 ORDINANCE NO. _____ Fi1ed in Clerk's Office JAN n R 2021 DAWN M. JONES CITY CLERK SOUTH SEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE MISCELLANEOUS TECHNICAL CHANGES FOR CLARIFICATION AND CONSISTENCY AND TO CORRECT TYPOGRAPHICAL ERRORS IN VARIOUS ARTICLES ST A TEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on January 1, 2020. Since its adoption in November 2019, use of the Ordinance has identified a few standards that need further clarification, correction, or revision. Changes to these standards will support a more vibrant, resilient community while improving the ease of use of the zoning ordinance. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.02 Definitions is hereby amended as follows: Building Coverage. The total ground area within the lot or project covered by the primary structure plus any accessory structures (including decks over 30" above grade, above ground pools, in ground pools, garages, carports, storage sheds, or any under roof areas), excluding driveways, walkways, fences, grade level decks and patios, and \Valls not attached in any 1.vay to with a roof. SECTION XX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09. 03 S tormwater, subsection (b) Above Ground Retention is hereby amended as follows: (1)Above ground retention is prohibited shall not be located in a Ul, U2, U3, UF, NC1 or OT district, or within an Airport Approach Surface as determined by the Federal Aviation Administration. SECTION XXI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Neighborhood & Subdivision Design, Section 21-11.02 Subdivision of Land, subsection (e) Open Space is hereby amended as follows: (1)If a subdivision abuts or is located within 500 feet of any portion of a publictrail, a direct linkage from the subdivision to such public trail shall beprovided. SECTION XXII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 13 Nonconformities & Enforcement, Section 21-13 .02 Enforcement is hereby amended as follows: faj.{g}_ Remedies or Penalties for Violation Will Fines SECTION XXIII. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Karen L. White, Council President South Bend Common Council Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of _________ , 2021, at __ _ o'clock . m. .m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of ______ , 2021, at_ o'clock James Mueller, Mayor City of South Bend, Indiana SUBSTITUTE BILL NO. 59-20 SUBSTITUTE BILL NO. 59-20 ORDINANCE NO. _______ f-i!ed in Clerk's Office JAN n 6 2021 DAWN M. JONES CITY CLERK, SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO REFORMAT AND CLARIFY THE NNZO NORTHEAST NEIGHBORHOOD ZONING OVERLAY ST A TEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on January 1, 2020. The Northeast Neighborhood Zoning Overlay regulations that were found in the previous zoning ordinance were largely carried forward to the new ordinance. Changes to the overlay section now will improve ease of use by reorganizing it to match the structure of the base zoning ordinance, by creating consistency in terminology with the base zoning ordinance, and by removing provisions that are largely redundant to those in the base zoning ordinance. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 5 Overlay Districts, Section 21-05.02 NNZO Northeast Neighborhood Zoning Overlay is hereby deleted and replaced with a new Section 21-05.02 as follows: Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of _________ , 2021, at __ _ o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of _____ � 2021, at .m. James Mueller, Mayor City of South Bend, Indiana o'clock SUBSTITUTE BILL NO. 60-20 SUBSTITUTE BILL NO. 60-20 ORDINANCE NO. _______ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PARKING AND ACCESS ST AND ARDS ST A TEMENT OF PURPOSE AND INTENT For more than fifty years, the South Bend zoning ordinance has required minimum levels of off-street parking to be provided for nearly all locations and uses. However, the ordinance's calculation ofrequired off-street parking has proved unreliable and has led to an oversupply of parking areas in the city. On oversupply of off-street parking lots has several negative consequences. Among them, excessive off-street parking supports an auto-oriented form of development, with its attendant negative effects on the environment and the safety of people traveling on foot or bicycle. Physical separation of uses by parking lots harms urban character and leads to less vibrant neighborhoods. The inability to provide the required off-street parking handicaps the ability to re-use existing buildings for another purpose, thus hampering the City's economic resiliency and discouraging investment in neighborhoods. Unneeded off-street parking is a low-value use ofland, limiting the community's tax base potential. Finally, the high cost of developing off-street parking is passed along to consumers in higher prices for housing and for goods and services. Eliminating minimum off-street parking requirements supports a market-based approach to off-street parking that will supply only the needed number of spaces, including by encouraging parking to be shared among neighboring properties. Recognizing the importance of this approach, the City of South Bend has taken steps in recent years toward eliminating minimum off-street parking requirements. In 2017, minimum off-street parking requirements were eliminated from the city's traditional business districts, matching the longstanding exemption for downtown. In 2018, the required parking counts for specified uses were reduced or eliminated, and credits toward the off-street parking requirement were made available through several means. With the revised zoning ordinance that took effect on January 1, 2020, six of the City's twelve zoning districts have no minimum parking requirements. Given the City's positive experience in eliminating those regulations, off-street parking minimums should be removed from the remaining six zoning districts where it is required. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Access & Parking, Section 21-07 .03 Vehicle Access & Parking is hereby deleted and replaced with a new Section 21-07.03 as follows: SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: Karen L. White, Council President South Bend Common Council Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of _________ , 2021, at __ _ o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of _____ � 2021, at_ o'clock .m. James Mueller, Mayor City of South Bend, Indiana BILL NO. 70-20 Karen White, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of _________ , 2021, at __ _ o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of ______ , 2021, at_ o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - BILL NO. 71-20 Attest: Karen White, Council President South Bend Common Council Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the ___ day of ________ � 2021, at ___ o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ___ day of ______ , 2021, at_ o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - BILL NO. 21-01 SECTION II. The City Clerk shall continue to work in close partnership with the South Bend Common Council and the Department of Administration and Finance, Human Resources to establish the application and interview processes for the Director of the Review Office search. SECTION III. After consultation with the South Bend Common Council and the Department of Administration and Finance, Human Resources the City Clerk shall prepare and present a Bill amending the Office of the City Clerk Salary Ordinance adding the Director of the Review Office and setting its maximum salary for 2021. SECTION IV. The City Clerk in collaboration with the South Bend Common Council and Department of Administration and Finance, Human Resources shall finalize and share Community Police Review Board implementation details, including the timeline for the hiring of Review Office staff and appointment of Community Police Review Board members including suitable dates and times for scheduled public meetings and an accompanying communication plan to ensure transparency for and collaboration with community stakeholders. Karen White, President South Bend Common Council