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HomeMy WebLinkAbout04-11-2022 Agenda Packet F,„4SOVT1, r T, PEAL 1, t � 186 OFFICE OF THE CITY CLERK DAWN M. JONES, CITY CLERK MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: DAWN M.JONES,CITY CLERK DATE: THURSDAY,APRIL 7, 2022 SUBIECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetuigs have been scheduled for Monday,Aprii 11, 2022: Council Chambers 4di Floor County-City Buildmg 227 W.Jefferson Blvd. South Bciid, IN 46601 The Council Chambers will be Open to the Public or Members of the Public May Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/041122CC. 4:00 RESIDENTIAL NEIGHBORHOODS CHAIRPERSON,WINE P.M. 1. Bill No. 11 22 - Ordinance to Amend South Bend Municipal Code - Residency of'Human Rights Commission Members 4:15 ZONING&ANNEXATION CHAIRPERSON,HAMANN P.M. 1. Bill No. 11 22-Special Exception Ilse: 1033 Oak Street Council President Sharon L. McBride has called an Informal Meetin¢of the Council which will commence immediately after the adjouniment of the Zoning and Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON PRESIDENT, MCBRIDE COUNCIL 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjouniment 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, April 11, 2022 7:00 PM ***Due to Executive Order by Indiana Governor Holcomb, the South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/041122SBCC 1. INVOCATION PASTOR GILBERT WASHINGTON, ST. PAUL BETHEL MISSIONARY BAPTIST CHURCH 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 22-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, RECOGNIZING APRIL 2022 AS CHILD ABUSE PREVENTION MONTH 6. REPORTS FROM CITY OFFICES UPDATE: AMNESTY AND HOUSING – MAYOR JAMES MUELLER UPDATE – COMMUTERS TRUST TEAM – DENISE RIEDL, DEPARTMENT OF INFORMATION AND TECHNOLOGY 7. COMMITTEE OF THE WHOLE BILL NO. 11 - 22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1033 OAK STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 14 - 22 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 9, SECTION 2-129 TO CHANGE THE RESIDENCY RESTRICTION OF COMMISSION MEMBERS 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 11- 22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1033 OAK STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 14 - 22 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 9, SECTION 2-129 TO CHANGE THE RESIDENCY RESTRICTION OF COMMISSION MEMBERS 11. RESOLUTIONS BILL NO. 12. BILLS OF FIRST READING BILL NO. 16 - 22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 1, DIVISION 2, SECTIONS 19- 9, 19-18, 19-19, 19-20, 19-21, AND 19-22 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT CHANGES 17 - 22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 8, SECTIONS 16-54, 16-57, AND 16-59 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT CHANGES 18 - 22 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING JUNETEENTH DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2, ARTICLE 8, SECTION 2-120 OF THE SOUTH BEND MUNICIPAL CODE TO APPROPRIATELY INCREASE THE TOTAL NUMBER OF DESIGNATED HOLIDAYS FOR OFFICERS AND EMPLOYEES OF THE CITY 13. NEW BUSINESS 14. PRIVILEGE OF THE FLOOR 15. 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. 2022 COMMON COUNCIL STANDING COMMITTEES (Rev. 04-05-2022) 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 Eli Wax, Member Henry Davis, Jr., Vice-Chairperson Kaine Kanczuzewski, Citizen Member Citizen 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. Troy Warner, Chairperson Canneth Lee, Member Eli Wax, Vice-Chairperson Lori K. Hamann, Member Citizen 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. Sharon L. McBride, Member Eli Wax, Member Sheila Niezgodski, 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 Troy Warner, Member Karen L. White, Vice-Chairperson Canneth Lee, 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 Canneth Lee, Member Lori K. Hamann, Vice-Chairperson Citizen Member Citizen 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. Canneth Lee, Chairperson Henry Davis, Jr., Member Troy Warner, Vice-Chairperson Rachel Tomas Morgan, Member Chris Hagstrom-Jones, Citizen Member Citizen 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. Sheila Niezgodski, Chairperson Troy Warner, Member Eli Wax, Vice-Chairperson Henry Davis, Jr., Member Rachel Tomas Morgan, Member Aaron Steiner, Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Publi c Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Karen L. White, Member Lori K. Hamann, Vice-Chairperson Carl Littrell, Citizen Member Jason Piontek, Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Henry Davis, Jr., Member Canneth Lee, Vice-Chairperson Sheila Niezgodski, Member Amika Micou, Citizen Member Citizen 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 Eli Wax, Member Troy Warner, Vice-Chairperson Lori K. Hamann, Member Citizen Member Citizen 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 mat ters addressing annexation and zoning. Lori K. Hamann, Chairperson Sheila Niezgodski, Member Henry Davis, Jr., Vice-Chairperson Karen L. White, Member James Snodgrass, Citizen 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 2022 COMMON COUNCIL STANDING COMMITTEES (Rev.01-06-2022) CANNETH LEE, 1ST District Council Member Chairperson, Committee of the Whole PARC Committee, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Information & Technology Committee, Member Community Relations Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member SHARON L. MCBRIDE, 3rd District Council Member President Council Rules Committee, Member TROY WARNER, 4TH District Council Member Community Relations Committee, Chairperson Health & Public Safety Committee, Member Utilities Committee, Vice-Chairperson Personnel & Finance Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Utilities, Member Community Relations, Vice-Chairperson Sub-Committee on Minutes, Member Personnel & Finance, Vice-Chairperson Council Rules Committee, Member Committee Investment, Member SHEILA NIEZGODSKI, 6TH District Council Member Vice-President Personnel & Finance Committee, Chairperson Residential Neighborhoods Committee, Member Public Works & Property Vacation, Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Information & Technology Committee, Chairperson PARC Committee, Member Community Investment Committee, Chairperson Personnel & Finance Committee, Member Health & Public Safety Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Community Relations Committee, Member Public Works & Property Vacation, Vice-Chairperson Utilities Committee, Member Information & Technology Committee, Vice-Chairperson County-City Building  227 W. Jefferson  South Bend, IN 46601  574-235-7627  www.southbendin.gov/zoning City of South Bend BOARD OF ZONING APPEALS 3.8.22 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 1033 Oak Street Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 14th 2022 Council meeting and set it for public hearing at your April 11th Council meeting. The petition is tentatively scheduled for public hearing at the April 4th South Bend Board of Zoning Appeals meeting. The recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Converting a Dwelling, 1 unit to a Dwelling 2 Unit. If you have any questions, please feel free to contact our office. Sincerely, Joseph Molnar Zoning Specialist CC: Bob Palmer BILL NO. 11-22 ORDINANCE NO. __________ 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 1033 OAK STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA ______________________________________________________________________________ STATEMENT OF PURPOSE AND INTENT Converting a Dwelling, 1 unit to a Dwelling 2 Unit. ______________________________________________________________________________ Petitioners desire to seek a Special Exception Use for Dwelling, 2 Units for property located 1033 Oak Street. NOW, THEREFORE, BE IT ORDAINED 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 Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1033 Oak Street 018-1033-1456 71-08-02-379-039.000-026 In order to permit an Dwelling, 2 Units SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory 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 adjacent area of 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; - 2 - 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, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. 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, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, 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 ____________________, 2022, at _______ o’clock ___. m. __________________________________________ Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ______ day of _____________, 2022, at ___ o’clock ___.m. __________________________________________ James Mueller, Mayor City of South Bend, Indiana - 3 - 1200 COUNTY-QTY BUILDING SOUTH 8 PHONE 574/235-9241 227 W.JEFFERSON BOULEVARD 04 tp FAX 574/235-7670 Sounri BEND,INDiANA 46601-1830 TTY 574/235-5567 x 1865 QTY OF SOUTH BEND JAMES MUELLER,MAYOR DEPARTAENT OF LAW SANDRA KENNEDY ALADEAN M.DEROSE CORPORATION COUNSEL QTY ATTORNEY Filed in Clerk's OfficeMarch23, 2022 Sharon McBride, EMAR3 2022 President, South Bend Common Council DAWN M.J4`" Floor County City Building CITY CLERK, S . io BEND, IN227WestJeffersonBoulevard South Bend, IN 466601 Re: Ordinance to Amend South Bend Municipal Code--Residency of Human Rights Commission Members Dear: Council President McBride: Enclosed is an ordinance filed upon recommendation of the South Bend Human Rights Commission (HRC) which extends the residency boundary for HRC members beyond the City of South Bend to the entirety of St.Joseph County. The HRC believes this ordinance which amends Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code is in the best interests of the HRC and the City. The HRC now investigates cases within St. Joseph County. Continuation of the City-only residency requirement for Commission members restricts the Commission's ability to include within its membership many persons of talent and dedication, who are"representative of the racial, ethnic, religious, economic and educational groups" in the County-wide community who desire to serve the cause of equal opportunity and elimination of discrimination. HRC Executive Director Yolanda Young-Smith will present this ordinance to the Council at its appropriate Committee meeting and at the regular Council meeting. I will assist with any legal questions. Sincerely, Aladean DeRose City Attorney cc: Yolanda Young-Smith Felix Marquez, President South Bend HRC JENNA THROW THOMAS E.PANOWICZ C HRISTINA SHAKOUR CLARA MC DANIELS KYLIE CONNELL DANIELLE CAMPBELL WEISS T_r r, cie MAC 2r BILL NO. 14-22 DAWN M.JONES CITY CLERK,SOUTH BEND, IN ORDINANCE NO. AN ORDINANACE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 9, SECTION 2-129 TO CHANGE THE RESIDENCY RESTRICTION OF COMMISSION MEMBERS STATEMENT OF PURPOSE AND INTENT The South Bend's Human Rights Ordinance at Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code, currently requires all members of the South Bend Human Rights Commission(HRC) to reside within the corporate limits of the City of South Bend, Indiana. This residency restriction should be amended in the best interests of the HRC. Since 2017 the City has had an interlocal agreement with the County of St. Joseph ("the County")by which the Commission investigates cases of discrimination within the County under the County's Human Rights Ordinance which is substantially equivalent to the City's Human Rights Ordinance. The Interlocal Agreement was approved by the South Bend Common Council in Ordinance No.10542-17,enacted on September 25,2017,reaffirmed by Council Resolution No. 4710-18 on April 23, 2018, and by Resolution No.4794 -19 on June 10, 2019. Because the HRC now investigates cases throughout the County, the Commission membership should reflect this County-wide scope of HRC work. Members of the HRC believe that continuation of the City-only residency requirement for Commission members restricts the Commission's ability to include within its membership many persons of talent and dedication, who are"representative of the racial, ethnic,religious, economic and educational groups in the community" and who desire to serve the cause of equal opportunity and elimination of discrimination. The HRC has recommended to this Council that Municipal Code Section 2-129(a) be amended, as expressed in HRC Resolution No. 01-2022 which is Attachment"A"hereto. Accordingly,this ordinance is in the best interest of the City and the area now served by the HRC. 1 NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. Chapter 2, Article 9, Section 129 (a) of the South Bend Municipal Code be and hereby is amended to read as follows: There is hereby created a South Bend Human Rights Commission composed of nine 9) members who are residents of the City of Seuth Bond County of St. Joseph and are representative of the racial, ethnic, religious, economic,and educational groups in the eommunity St. Joseph County. 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. Sharon L. McBride, 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 2022, at o'clock M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 EXHIBIT A Resolution No. 01 -2022 of the South Bend Human Rights Commission Enacted on March 16, 2022 3 Filed in Clerk's Office MAR , 9 7? EXHIBIT A Resolution No. 01 -2022 of the South Bend Human Rights Commission Enacted on March 16, 2022 Filed in Clerk's Office DAWN M JbN'-E- WYCLERK,SOUTH BEND, IN 3 F, in Clerk's Office MAR Z 9 2022 RESOLUTION NO. 01-2022WN M i SRK. SOUS' 'AEND,IN A RESOLUTION OF THE SOUTH BEND HUMAN RIGHTS COMMISSION SUPPORTING AN AMENDMENT TO THE SOUTH BEND MUNICIPAL CODE TO EXPAND RESIDENCY REQUIREMENTS FOR COMMISSION MEMBERS WHEREAS,The South Bend's Human Rights Ordinance at Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code currently requires all members of the South Bend Human Rights Commission to reside within the corporate limits of the City of South Bend, Indiana, as follows: "There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City of South Bend and are representative of the racial, ethnic, religious, economic and educational groups in the community." (Emphasis added); and WHEREAS, since 2017 South Bend("the City") has had an interlocal agreement with the County of St. Joseph ("the County") for the Commission to investigate cases of discrimination within the County under the County's Human Rights Ordinance which is substantially equivalent to the City's Human Rights Ordinance. This interlocal agreement was approved by the South Bend Common Council in Ordinance No. 10542-17, enacted on September 25, 2017, reaffirmed by Council Resolution No. 4710-18 on April 23, 2018, and by Resolution No. 4794 -19 on June 10, 2019; and WHEREAS, the Commission believes that continuation of the City-only residency requirement for Commission members restricts the Commission's ability to include within its membership many persons of talent and dedication,who are"representative of the racial,ethnic,religious,economic and educational groups in St. Joseph County and who desire to serve the cause of equal opportunity and elimination of discrimination throughout St. Joseph County. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND HUMAN RIGHTS COMMISSION as follows: Section I. The Common Council of the City of South Bend is requested to and should amend the South Bend Municipal Code at Chapter 2,Article 9,Section 129(a)to read as follows: "There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City 0 SouthBen County of St. Joseph and are representative of the racial, ethnic, religious, economic, and educational groups in the ,.,,,,..,...••ni St. Joseph County." A true Resolution passed by the South Bend Human Rights Commission at its regular meeting on March 16,2022. Felix a Chair, t Bend Rights Commission Attest: SaInuel Br wn, Secretary EXHICIT P BILL NO. 11-22 ORDINANCE NO. __________ 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 1033 OAK STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA ______________________________________________________________________________ STATEMENT OF PURPOSE AND INTENT Converting a Dwelling, 1 unit to a Dwelling 2 Unit. ______________________________________________________________________________ Petitioners desire to seek a Special Exception Use for Dwelling, 2 Units for property located 1033 Oak Street. NOW, THEREFORE, BE IT ORDAINED 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 Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1033 Oak Street 018-1033-1456 71-08-02-379-039.000-026 In order to permit an Dwelling, 2 Units SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory 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 adjacent area of 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; - 2 - 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, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. 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, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, 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 ____________________, 2022, at _______ o’clock ___. m. __________________________________________ Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ______ day of _____________, 2022, at ___ o’clock ___.m. __________________________________________ James Mueller, Mayor City of South Bend, Indiana - 3 - County-City Building  227 W. Jefferson  South Bend, IN 46601  574-235-7627  www.southbendin.gov/zoning City of South Bend BOARD OF ZONING APPEALS 3.8.22 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 1033 Oak Street Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 14th 2022 Council meeting and set it for public hearing at your April 11th Council meeting. The petition is tentatively scheduled for public hearing at the April 4th South Bend Board of Zoning Appeals meeting. The recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Converting a Dwelling, 1 unit to a Dwelling 2 Unit. If you have any questions, please feel free to contact our office. Sincerely, Joseph Molnar Zoning Specialist CC: Bob Palmer 1 BILL NO. 14-22 ORDINANCE NO. ___________ AN ORDINANACE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 9, SECTION 2-129 TO CHANGE THE RESIDENCY RESTRICTION OF COMMISSION MEMBERS STATEMENT OF PURPOSE AND INTENT ______________________________________________________________________________ The South Bend's Human Rights Ordinance at Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code, currently requires all members of the South Bend Human Rights Commission (HRC) to reside within the corporate limits of the City of South Bend, Indiana. This residency restriction should be amended in the best interests of the HRC. Since 2017 the City has had an interlocal agreement with the County of St. Joseph (“the County”) by which the Commission investigates cases of discrimination within the County under the County’s Human Rights Ordinance which is substantially equivalent to the City’s Human Rights Ordinance. The Interlocal Agreement was approved by the South Bend Common Council in Ordinance No.10542-17, enacted on September 25, 2017, reaffirmed by Council Resolution No. 4710-18 on April 23, 2018, and by Resolution No.4794 -19 on June 10, 2019. Because the HRC now investigates cases throughout the County, the Commission membership should reflect this County-wide scope of HRC work. Members of the HRC believe that continuation of the City-only residency requirement for Commission members restricts the Commission’s ability to include within its membership many persons of talent and dedication, who are “representative of the racial, ethnic, religious, economic and educational groups in the community” and who desire to serve the cause of equal opportunity and elimination of discrimination. The HRC has recommended to this Council that Municipal Code Section 2-129(a) be amended, as expressed in HRC Resolution No. 01-2022 which is Attachment “A” hereto. Accordingly, this ordinance is in the best interest of the City and the area now served by the HRC. 2 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. Chapter 2, Article 9, Section 129 (a) of the South Bend Municipal Code be and hereby is amended to read as follows: There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City of South Bend County of St. Joseph and are representative of the racial, ethnic, religious, economic, and educational groups in the community St. Joseph County. 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. Sharon L. McBride, 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 ____________________, 2022, at _______ o’clock ___. m. __________________________________________ Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the ______ day of _____________, 2022, at ___ o’clock ___.m. __________________________________________ James Mueller, Mayor City of South Bend, Indiana 3 EXHIBIT A Resolution No. 01-2022 of the South Bend Human Rights Commission Enacted on March 16, 2022 1200 COUNTY-QTY BUILDING SOUTH 8 PHONE 574/235-9241 227 W.JEFFERSON BOULEVARD 04 tp FAX 574/235-7670 Sounri BEND,INDiANA 46601-1830 TTY 574/235-5567 x 1865 QTY OF SOUTH BEND JAMES MUELLER,MAYOR DEPARTAENT OF LAW SANDRA KENNEDY ALADEAN M.DEROSE CORPORATION COUNSEL QTY ATTORNEY Filed in Clerk's OfficeMarch23, 2022 Sharon McBride, EMAR3 2022 President, South Bend Common Council DAWN M.J4`" Floor County City Building CITY CLERK, S . io BEND, IN227WestJeffersonBoulevard South Bend, IN 466601 Re: Ordinance to Amend South Bend Municipal Code--Residency of Human Rights Commission Members Dear: Council President McBride: Enclosed is an ordinance filed upon recommendation of the South Bend Human Rights Commission (HRC) which extends the residency boundary for HRC members beyond the City of South Bend to the entirety of St.Joseph County. The HRC believes this ordinance which amends Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code is in the best interests of the HRC and the City. The HRC now investigates cases within St. Joseph County. Continuation of the City-only residency requirement for Commission members restricts the Commission's ability to include within its membership many persons of talent and dedication, who are"representative of the racial, ethnic, religious, economic and educational groups" in the County-wide community who desire to serve the cause of equal opportunity and elimination of discrimination. HRC Executive Director Yolanda Young-Smith will present this ordinance to the Council at its appropriate Committee meeting and at the regular Council meeting. I will assist with any legal questions. Sincerely, Aladean DeRose City Attorney cc: Yolanda Young-Smith Felix Marquez, President South Bend HRC JENNA THROW THOMAS E.PANOWICZ C HRISTINA SHAKOUR CLARA MC DANIELS KYLIE CONNELL DANIELLE CAMPBELL WEISS T_r r, cie MAC 2r BILL NO. 14-22 DAWN M.JONES CITY CLERK,SOUTH BEND, IN ORDINANCE NO. AN ORDINANACE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 9, SECTION 2-129 TO CHANGE THE RESIDENCY RESTRICTION OF COMMISSION MEMBERS STATEMENT OF PURPOSE AND INTENT The South Bend's Human Rights Ordinance at Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code, currently requires all members of the South Bend Human Rights Commission(HRC) to reside within the corporate limits of the City of South Bend, Indiana. This residency restriction should be amended in the best interests of the HRC. Since 2017 the City has had an interlocal agreement with the County of St. Joseph ("the County")by which the Commission investigates cases of discrimination within the County under the County's Human Rights Ordinance which is substantially equivalent to the City's Human Rights Ordinance. The Interlocal Agreement was approved by the South Bend Common Council in Ordinance No.10542-17,enacted on September 25,2017,reaffirmed by Council Resolution No. 4710-18 on April 23, 2018, and by Resolution No.4794 -19 on June 10, 2019. Because the HRC now investigates cases throughout the County, the Commission membership should reflect this County-wide scope of HRC work. Members of the HRC believe that continuation of the City-only residency requirement for Commission members restricts the Commission's ability to include within its membership many persons of talent and dedication, who are"representative of the racial, ethnic,religious, economic and educational groups in the community" and who desire to serve the cause of equal opportunity and elimination of discrimination. The HRC has recommended to this Council that Municipal Code Section 2-129(a) be amended, as expressed in HRC Resolution No. 01-2022 which is Attachment"A"hereto. Accordingly,this ordinance is in the best interest of the City and the area now served by the HRC. 1 NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. Chapter 2, Article 9, Section 129 (a) of the South Bend Municipal Code be and hereby is amended to read as follows: There is hereby created a South Bend Human Rights Commission composed of nine 9) members who are residents of the City of Seuth Bond County of St. Joseph and are representative of the racial, ethnic, religious, economic,and educational groups in the eommunity St. Joseph County. 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. Sharon L. McBride, 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 2022, at o'clock M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2022, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 EXHIBIT A Resolution No. 01 -2022 of the South Bend Human Rights Commission Enacted on March 16, 2022 3 Filed in Clerk's Office MAR , 9 7? EXHIBIT A Resolution No. 01 -2022 of the South Bend Human Rights Commission Enacted on March 16, 2022 Filed in Clerk's Office DAWN M JbN'-E- WYCLERK,SOUTH BEND, IN 3 F, in Clerk's Office MAR Z 9 2022 RESOLUTION NO. 01-2022WN M i SRK. SOUS' 'AEND,IN A RESOLUTION OF THE SOUTH BEND HUMAN RIGHTS COMMISSION SUPPORTING AN AMENDMENT TO THE SOUTH BEND MUNICIPAL CODE TO EXPAND RESIDENCY REQUIREMENTS FOR COMMISSION MEMBERS WHEREAS,The South Bend's Human Rights Ordinance at Chapter 2, Article 9, Section 2-129 (a) of the South Bend Municipal Code currently requires all members of the South Bend Human Rights Commission to reside within the corporate limits of the City of South Bend, Indiana, as follows: "There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City of South Bend and are representative of the racial, ethnic, religious, economic and educational groups in the community." (Emphasis added); and WHEREAS, since 2017 South Bend("the City") has had an interlocal agreement with the County of St. Joseph ("the County") for the Commission to investigate cases of discrimination within the County under the County's Human Rights Ordinance which is substantially equivalent to the City's Human Rights Ordinance. This interlocal agreement was approved by the South Bend Common Council in Ordinance No. 10542-17, enacted on September 25, 2017, reaffirmed by Council Resolution No. 4710-18 on April 23, 2018, and by Resolution No. 4794 -19 on June 10, 2019; and WHEREAS, the Commission believes that continuation of the City-only residency requirement for Commission members restricts the Commission's ability to include within its membership many persons of talent and dedication,who are"representative of the racial,ethnic,religious,economic and educational groups in St. Joseph County and who desire to serve the cause of equal opportunity and elimination of discrimination throughout St. Joseph County. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND HUMAN RIGHTS COMMISSION as follows: Section I. The Common Council of the City of South Bend is requested to and should amend the South Bend Municipal Code at Chapter 2,Article 9,Section 129(a)to read as follows: "There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City 0 SouthBen County of St. Joseph and are representative of the racial, ethnic, religious, economic, and educational groups in the ,.,,,,..,...••ni St. Joseph County." A true Resolution passed by the South Bend Human Rights Commission at its regular meeting on March 16,2022. Felix a Chair, t Bend Rights Commission Attest: SaInuel Br wn, Secretary EXHICIT P City of South Bend Common Council 441 County-City Building ● 227 W. Jefferson Blvd South Bend, Indiana 46601 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov April 6, 2022 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 1, DIVISION 2, SECTIONS 19-9, 19-18, 19-19, 19-20, 19-21 AND 19-22 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT CHANGES Dear Council Members: Chapter 19 of the South Bend Municipal Code contains provisions whereby the Board of Park Commissioners has exclusive jurisdiction and authority regarding the removal of dead and diseased trees or portions thereof, which constitute a menace to public safety and health wherever located within the City. This authority is not limited to City-owned property or public rights- of-way. Yet we continue to see trees and shrubs in our neighborhoods which pose many different kinds of threats, both to public safety and to economic development. The purpose of these amendments is to change the discretionary authority of the Board to mandatory duties. The amendments also set more specific and mandatory time limits for notices to landowners and for remediation of the conditions. We hope that these amendments result in safer, more attractive neighborhoods which, in turn, will spur economic development. We ask that this ordinance be given first reading on Monday, April 11, 2022, and assigned to the PARC and Residential Neighborhoods, jointly, for further proceedings. Thank you for your consideration. Sharon L. McBride President Sheila Niezgodski Vice-President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At Large Lori K. Hamann At Large City of South Bend Common Council 441 County-City Building ● 227 W. Jefferson Blvd South Bend, Indiana 46601 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov Sincerely yours, ___________________________________ Henry Davis, Jr., South Bend Common Council, Second District ___________________________________ Lori K. Hamann., South Bend Common Council, Member At Large BILL NO. 16-22 ORDINANCE NO. ________________ AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 1, DIVISION 2, SECTIONS 19-9, 19-18, 19-19, 19- 20, 19-21 AND 19-22 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT CHANGES ______________________________________________________________________________ STATEMENT OF PURPOSE AND INTENT ______________________________________________________________________________ The South Bend Municipal Code contains provisions whereby the Board of Park Commissioners has exclusive jurisdiction and authority regarding the removal of dead and diseased trees or portions thereof, which constitute a menace to public safety and health wherever located within the City. The purpose of these amendments is to change the discretionary authority of the Board to mandatory duties. The amendments also set more specific and mandatory time limits for notices to landowners and for remediation of the conditions. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 19, Article 1, Division 2, Section 19-9 is hereby amended to read: Sec. 19-9. Jurisdiction of Board of Park Commissioners.1 The Board of Park Commissioners shall have the exclusive jurisdiction and authority to do the following: (1) Order, control and regulate the sodding, seeding and maintenance of lawns and the maintaining, planting and removal of trees and shrubs upon, along or within the limits of the public streets, tree and lawn areas, parks and other public places of the City; (2) Order, control and regulate the removal of dead and diseased trees or portions thereof, which constitute a menace to public safety and health wherever located within the City; (3) Adopt and enforce rules, regulations and specifications relative to paragraphs (1) and (2) of this section; and 1State law reference(s)—Powers of Board of Park Commissioners in certain cities, IC 36-10-4-9. (4) Regulate and prescribe the terms and conditions upon which permits for the maintaining, planting and removal of trees and shrubs shall be issued. Section II. Chapter 19, Article 1, Division 2, Section 19-18 is hereby amended to read: Sec. 19-18. Trimming trees overhanging streets; notice; manner. (a) All trees and shrubs which overhang a street within the City, whether located on tree and lawn areas or on the abutting lots, shall be trimmed either by the Board of Park Commissioners or by the owners of the abutting lots upon the order of the Board. (b) The trimming shall be done within the period specified in the notice given by the Board to the owners, as provided in section 19-21; provided, however, such period shall not be less than ten (10) days or more than fifteen days. (c) Overhanging trees shall be trimmed so that there is a clear space of ten (10) feet above the surface of the curb and in such a manner as not to obstruct the view of any streetlight, traffic sign, signal device or street intersection. Section III. Chapter 19, Article 1, Division 2, Section 19-19 is hereby amended to read: Sec. 19-19. Removal of hazardous trees by property owner; order, notice; emergency removal. (a) Every owner of real estate within the City shall remove or trim any tree or shrub or any part thereof located on such real estate or in the tree and lawn area in front of such real estate which may be dead, diseased, unsightly, in a condition which is injurious or detrimental to the public health and safety or the growth of adjacent trees or which may project over the public street on which such real estate abuts in such manner as to obstruct the free passage of pedestrians and vehicular traffic on such public streets. (b) The Board of Park Commissioners shall have the power and the authority to order and require such owner to remove any such tree or shrub by first causing notice to be served on such owner in the manner provided in section 19-21 not less than ten (10) days or more than fifteen (15) days prior to the time designated in such notice for the removal or trimming of such tree or shrub. (c) In case of an immediate necessity for any such removal or trimming by reason of storm, other emergency, or public health and safety, such removal or trimming may be done by the Board of Park Commissioners or its Superintendent of Parks, and no notice whatever need be given thereof. Section IV. Chapter 19, Article 1, Division 2, Section 19-20 is hereby amended to read: Sec. 19-20. Work performed by City upon noncompliance with order; assessment of costs; lien; foreclosure. (a) In the event abutting owners fail to comply with orders of the Board within the period granted, the Board shall perform such work with its own forces and employees within ten (10) days. The actual cost of such work, which shall not exceed the above-mentioned estimate, shall be assessed against the abutting lots of such owners. The Board shall notify such owners of the cost and assessment of such work. (b) The cost and assessment shall constitute a lien on the abutting lots and shall be payable, without notice, at the Office of the City Treasurer at the next regular taxpaying time after notice has been given of such costs and assessments. If such amount is not paid when due, it shall be enforceable by foreclosure in the same manner as the assessments made for street and sidewalk improvements in cities of the first class. The amount of such costs and assessments shall become a part of the funds of the Board when collected. Section V. Chapter 19, Article 1, Division 2, Section 19-21 is hereby amended to read: Sec. 19-21. Service of notice; commencement of specified time period. (a) All notices provided for in this article, except notices provided for in section 19-16 for hearing on resolutions, shall be served upon any real estate owner who is a resident of the City by reading such notice to him or leaving a correct copy thereof at such owner's last known place of residence. If such owner is not a resident of the City, then notice may be served by sending a correct copy thereof by registered mail, addressed to such owner at his last known mailing address for personal delivery on such owner, with a return receipt. If the residence or address of such owner is unknown or cannot be ascertained, then notice may be served by reading such notice to an adult resident of the premises, leaving a correct copy thereof with an adult resident of the premises, or by publishing such notice once each week for two (2) consecutive weeks in a daily newspaper of general circulation printed and published in the English language in the City. (b) The period specified in the notice shall be deemed to commence with the day following the date of the service of such notice, as shown by return of service which shall be made on such notice or by such registered mail return receipt or with the day following the seventh day after the last publication. Section VI. Chapter 19, Article 1, Division 2, Section 19-22 is hereby amended to read: Sec. 19-22. Recovery of costs for work performed by City. (a) If any owner of real estate fails to comply with the orders issued either by the Board or the Superintendent of Parks under the provisions of this article, within the period of time specified in such orders, except such resolutions, orders and notices as may be issued under section 19-16, the work required by such orders may be done by the Board with its own employees within ten (10) days. (b) The Board shall keep an accurate account of the costs and expenses of doing such work. The costs and expenses shall be recovered and collected by a suit in the name of the City or by such other action or procedure as provided by law, including, but not limited to, the filing of a mechanic's lien. SECTION VII. This Ordinance shall take effect upon passage by this Common Council, approval by the Mayor, and any publication required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this __________ day of ____________________, 2022. __________________________________ Sharon McBride, President Common Council of the City of South Bend ATTEST: __________________________________ Dawn M. Jones, Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City for his approval on the ______ day of ______________, 2022, at ______ o’clock ____. m. __________________________________ Dawn M. Jones, Clerk Having examined the foregoing Ordinance, I do now, as the Mayor of the City of South Bend, approve said Ordinance and return the same to the Clerk of the City of South Bend this _______ day of _______________, 2022. ________________________________ James Mueller, Mayor City of South Bend Common Council 441 County-City Building ● 227 W. Jefferson Blvd South Bend, Indiana 46601 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov April 6, 2022 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 8, SECTIONS 16-54, 16-57, AND 16-59 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT CHANGES Dear Council Members: Chapter 16 of the South Bend Municipal Code contains provisions by which the Board of Public Works and the Department of Code Enforcement have the authority, under specified circumstances, to abate nuisances, including the removal of “weeds and rank vegetation.” If the landowner or other person entitles to exclusive possession fails to comply with a notice to abate a nuisance, including the cutting of grass and weeds and removal of weeds or rank vegetation, the Board of Public Works and the Department of Code Enforcement or its designee may enter the property and abate the violation. The purpose of these amendments is to change the discretionary authority of the Board of Public Works and the Department of Code Enforcement to mandatory duties. Nuisances occur on private property. We continue to see conditions including overgrown vegetation in our neighborhoods which pose many different kinds of threats, both to public safety and to economic development. We hope that these amendments result in safer, more attractive neighborhoods which, in turn, will spur economic development. We ask that this ordinance be given first reading on Monday, April 11, 2022, and assigned to the Health and Public Safety Committee, for further proceedings. Thank you for your consideration. Sharon L. McBride President Sheila Niezgodski Vice-President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Henry Davis, Jr. Second District Sharon L. McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila Niezgodski Sixth District Karen L. White At Large Rachel Tomas Morgan At Large Lori K. Hamann At Large City of South Bend Common Council 441 County-City Building ● 227 W. Jefferson Blvd South Bend, Indiana 46601 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov Sincerely yours, ___________________________________ Henry Davis, Jr., South Bend Common Council, Second District ___________________________________ Lori K. Hamann., South Bend Common Council, Member At Large BILL NO. 17-22 ORDINANCE NO._____________ AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLE 8, SECTIONS 16-54, 16-57, AND 16-59 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE TEXT CHANGES ______________________________________________________________________________ STATEMENT OF PURPOSE AND INTENT ______________________________________________________________________________ The South Bend Municipal Code contains provisions whereby the Board of Public Works and the Department of Code Enforcement has the authority, under specified circumstances, to abate nuisances, including the removal of “weeds and rank vegetation.” If the landowner or other person entitles to exclusive possession fails to comply with a notice to abate a nuisance or remove from and real or personal property within the City weeds or rank vegetation, the Department of Code Enforcement or its designee may enter the property and abate the violation. The purpose of these amendments is to change the discretionary authority of the Board of Public Works and the Department of Code Enforcement to mandatory duties. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 16, Article 8, Section 16-54 is hereby amended to read: Sec. 16-54. Citations. When a public nuisance is found to exist and after all persons known to have a substantial interest in the property have been given reasonable opportunity to bring property into compliance and have not done so, the Board of Public Works or its designee shall request that a Neighborhood Code Enforcement officer issue a city ordinance violation citation to the record owner of the property or to the person shown to have right of exclusive possession of the property. Such citation shall impose a fine in conformance with Section 16-61, below. Each subsequent day of violation shall be considered a separate violation for which a citation may be issued. Section II. Chapter 16, Article 8, Section 16-57 is hereby amended to read: Sec. 16-57. Abatement by City. Upon the failure, neglect or refusal of any party to whom notice to abate a nuisance has been given under Section 16-55 or whenever a nuisance exists which creates a health or safety hazard requiring immediate abatement in order to protect public health or safety, the Board of Public Works or its designee shall abate the nuisance, keeping accurate account of all costs, and bill them to the record owner or to the person shown to have the right of exclusive possession of the property. Appropriate legal action may be taken to collect such costs if they remain unpaid forty-five (45) days after the billing date. Unpaid costs may be made a lien against the property. Section III. Chapter 16, Article 8, Section 16-59 is hereby amended to read: Sec. 16-59. Removal of vegetation. (a)Definitions. As used in this section, "weeds and rank vegetation" means grass and weeds over nine (9) inches high, but not including small trees and bushes. (b)Notice. The Department of Code Enforcement shall give forty-eight (48) hours' notice, in writing, to remove from any real or personal property within the City weeds and rank vegetation. Such notice shall be given to the owner of record or their agent and to any tenant or occupant of the property upon which the weeds and rank vegetation exists. Notice to the record owner may be mailed to the last known address of the record owner. Notice to any tenant or occupant may be given by posting the same in a prominent place upon the premises where the weeds and rank vegetation exists. (c)Failure to comply. Upon a failure to comply with a notice issued pursuant to subsection (b), the Department of Code Enforcement or an entity acting on behalf of the Department of Code Enforcement shall enter upon the property to abate the violation of this section by cutting the weeds and rank vegetation. (d)Bill issued to record owner. In the event the Department of Code Enforcement or an entity acting on its behalf is forced to remove the weeds and rank vegetation; the Department of Code Enforcement shall issue a bill to the record owner of the property or to the person shown to have the right of exclusive possession of the property. The bill shall include removal costs as well as any administrative costs incurred in the certification. (e)Appeals. Any appeal of either the removal notice or the bill must be made in writing within ten (10) days of the date of the document being appealed. The appeal must be in writing and must be filed with the Director of the Department of Code Enforcement. If a written appeal is filed with the Department of Code Enforcement, the matter shall be scheduled for a hearing before the hearing authority and a hearing shall be held pursuant to IC 36-7-9. The hearing authority's order regarding this appeal is considered final from the date of its issuance and is subject to judicial review pursuant to the provisions of IC 36-7-9-8. (f)Failure to pay bill. If the owner fails to pay a bill issued pursuant to this section within the time specified in the bill, or within the time specified in the order if an appeal of the bill was made, the Department of Code Enforcement shall certify to the Auditor of St. Joseph County the amount of the bill, plus any additional administrative costs incurred in the certification. The Auditor of St. Joseph County shall then place the entire amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall, upon collection, be disbursed to the general fund of the City of South Bend. SECTION IV. This Ordinance shall take effect upon passage by this Common Council, approval by the Mayor, and any publication required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this __________ day of ____________________, 2022. __________________________________ Sharon McBride, President Common Council of the City of South Bend ATTEST: __________________________________ Dawn M. Jones, Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City for his approval on the ______ day of ______________, 2022, at ______ o’clock ____. m. __________________________________ Dawn M. Jones, Clerk Having examined the foregoing Ordinance, I do now, as the Mayor of the City of South Bend, approve said Ordinance and return the same to the Clerk of the City of South Bend this _______ day of _______________, 2022. ________________________________ James Mueller, Mayor Bill No. 18-22 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING JUNETEENTH DAY AS A DESIGNATED CITY HOLIDAY AND AMENDING CHAPTER 2, ARTICLE 8, SECTION 2-120 OF THE SOUTH BEND MUNICIPAL CODE TO APPROPRIATELY INCREASE THE TOTAL NUMBER OF DESIGNATED HOLIDAYS FOR OFFICERS AND EMPLOYEES OF THE CITY STATEMENT OF PURPOSE AND INTENT On June17, 2021, President Joseph Biden signed a bill which formally created a federal holiday to celebrate the freedom of the enslaved people of America at the end of the Civil War. This holiday, known as Juneteenth Day, has been known as Freedom Day, Emancipation Day, and Jubilee Day. It commemorates the delivery by federal troops on June 19, 1865, of the news of the Emancipation Proclamation, issued by President Lincoln over two years earlier, to the last of the enslaved people who were then in Galveston, Texas. In creating this federal holiday, President Biden noted that the end of slavery should be celebrated, but that Juneteenth Day should also be “a day of reflection and action.” It is a day to remember, in President Biden’s words, that: “We can’t rest until the promise of equality is fulfilled for every one of us in every corner of this country.” By recognizing Juneteenth Day as a designated holiday within the City of South Bend, officers and employees of the City can celebrate the end to the dehumanizing practice of slavery in the United States, while committing themselves anew to the eradication of prejudice and to principles of equality, equity, and freedom for every person throughout this city, State, and nation. It is fitting and appropriate that officers and employees of the City of South Bend observe Juneteenth Day as a paid holiday on June 19 of each calendar year. When June 19 falls on a Saturday as it will in 2022, it should be observed the immediately preceding Friday, June 18. When it falls on a Sunday, it should be observed the Monday that immediately follows, Monday, June 20. Because this holiday will increase the City’s existing designated holidays from nine (9) to ten (10), an amendment to the South Bend Municipal Code at Chapter 2, Article 8, Section 2-120 is required. NOW, THEREFORE BE IT ORDAINED AND DECREED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Commencing on June 19 in calendar year 2022, Juneteenth Day shall be observed and established as a designated paid holiday for officers and employees of the City of South Bend. When June 19 falls on a Saturday as it will in 2022, it shall be observed the immediately preceding Friday, June 18. When it falls on a Sunday, it shall be observed the immediately following Monday, June 20. SECTION II. Chapter 2, Article 8, Section 2-121(a) of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec. 2-120. Holidays. (a) Officers and employees shall receive ten (10) nine (9) designated holidays as approved by the Board of Public Works and one (1) additional non-designated holiday which can be any day of the calendar year selected by each officer or employee. (b) In those years when New Year’s Day falls on a Saturday the Board of Public Works shall substitute the preceding day as the destinated holiday, and such holiday shall be treated as if it fell in the same year as January 1 of the New Year for purposes of the ten (10) designated holidays of subsection (a). (c) In those years when Juneteenth Day falls on a Saturday, it shall be observed the immediately preceding Friday, June 18. When it falls on a Sunday, it shall be observed the Monday that immediately follows, i.e., Monday, June 20. (c) (d) This section does not apply to sworn officers or firefighters. 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 Council Attest: ________________________ City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _______day of __________, 2022, at ______o’clock____.m. _____________________________ City Clerk Approved and signed by me on the ______________day of ______________, 2022 at ________o’clock, ____.m. ___________________________ Mayor, City of South Bend, Indiana