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HomeMy WebLinkAbout03-27-2023 FINAL Agenda and Committee Meeting Notice Packet 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, MARCH 23, 2023 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, March 27, 2023: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, 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/03272023CC. 3:00 P.M. RESIDENTIAL NEIGHBORHOODS CHAIRPERSON, WHITE 2045 Plan Update – Lawrence Greenspun, Drucker Institute 3:30 P.M. COMMUNITY RELATIONS CHAIRPERSON, WARNER Bill No. 23-13 – A Resolution Recommending to the Mayor Certain Applicants for the Position of Director of the Community Police Review Board Office 3:40 P.M. PUBLIC WORKS & PROPERTY VACATIONS CHAIRPERSON, NIEZGODSKI Bill No. 15-23 – An Ordinance to Vacate the Following Property: 1100 Block of Corby Boulevard, South Bend, Indiana Councilmanic District #4 3:50 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, WAX Bill No. 14-23 – An Ordinance Amending Chapter 6, by adding Article 15, Sections 6-94 Through 6-108 Inclusive To Require Landlords and tenants to participate in Bed Bug Remediation 4:10 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN Bill No. 07-23 – An Ordinance Amending the Zoning Ordinance for Property Located at 1007-and 1011 Howard St. Councilmanic District #4 4:20 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS MORGAN Bill No. 23-11 – A Resolution Designating an 8-year Real Property Tax Abatement for Property Located at 213 West Washington Street, South Bend, IN, Councilmanic District #2 Bill No. 23-15 – A Resolution Confirming the Adoption of a Declaratory Resolution for Property Located at 2652 Jaclyn Court and 3161 Youngs Court, South Bend, IN, 46614, Councilmanic District # 6 Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Investment Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, MCBRIDE 1. Discussion of Council Agenda 2. Update and Announcements 3. 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, March 27, 2023 7:00 PM 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/03272023SBCC 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 23-14 PUBLICLY RECOGNIZING, COMMENDING, AND HONORING THE RILEY HIGH SCHOOL WILDCATS 2022-2023 BOYS SWIM TEAM ON A SUCCESSFUL SEASON AS: CITY CHAMPIONS, NORTHERN INDIANA CONFERENCE (NIC) 2nd, SECTIONAL CHAMPIONS, AND STATE 6TH OVERALL 23-12 PUBLICLY RECOGNIZING THE INDIANA ATHLETIC TRAINERS’ ASSOCIATION AND ACKNOWLEGING THE MONTH OF MARCH AS NATIONAL ATHLETIC TRAINING MONTH 6. REPORTS FROM CITY OFFICES 2045 Plan Update – Lawrence Greenspun, Drucker Institute 7. COMMITTEE OF THE WHOLE BILL NO. 07-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1007 AND 1011 HOWARD ST. COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 14-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION 15-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, VACATING THE FOLLOWING DESCRIBED PROPERTY: 1100 BLOCK OF CORBY BOULEVARD BEING A PART OF CORBY BOULEVARD AS SHOWN ON THE INDIANA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS FOR SR 23, R/W CODE 3786, DES NO. 9133615, PROJECT NO. STP-S050-(007) DATED DECEMBER 19, 2011 AND BEING SITUATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 07-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1007 AND 1011 HOWARD ST. COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 14-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION 15-23 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, VACATING THE FOLLOWING DESCRIBED PROPERTY: 1100 BLOCK OF CORBY BOULEVARD BEING A PART OF CORBY BOULEVARD AS SHOWN ON THE INDIANA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS FOR SR 23, R/W CODE 3786, DES NO. 9133615, PROJECT NO. STP-S050-(007) DATED DECEMBER 19, 2011 AND BEING SITUATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 11. RESOLUTIONS BILL NO. 23-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 213 WEST WASHINGTON STREET, SOUTH BEND, IN 46601 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR (8) REAL PROPERTY TAX ABATEMENT FOR APARTMENTS AND COMMERCIAL SPACE AT TOWER AT WASHINGTON APARTMENTS AT TOWER AT WASHINGTON SQUARE LLC 23-13 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, RECOMMENDING TO THE MAYOR CERTAIN APPLICANTS FOR THE POSITION OF DIRECTOR OF THE COMMUNITY POLICE REVIEW BOARD OFFICE 23-15 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2652 JACLYN COURT, SOUTH BEND, IN 46614 AND 3161 YOUNGS COURT, SOUTH BEND, IN 46614 ECONOMIC REVITALIZATION AREAS FOR PURPOSES OF A SIX- YEAR (6) REAL PROPERTY TAX ABATEMENT FOR THE ROBERT HENRY CORPORATION 12. BILLS OF FIRST READING BILL NO. 16-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 616, 618 SHERMAN AVE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 13. UNFINISHED BUSINESS 14. NEW BUSINESS The next Council Committee meeting is tentatively scheduled for Monday, April 10. 2023 at tentatively at 3:30 P.M. The next Council meeting is scheduled for Monday, April 10, 2023, at 7:00 P.M. 15. PRIVILEGE OF THE FLOOR 16. ADJOURNMENT 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 2023 COMMON COUNCIL STANDING COMMITTEES (Rev. 03-10-2023) 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 Troy Warner, Vice-Chairperson Citizen Member Henry Davis, Jr., 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 Lori K. Hamann, Vice-Chairperson Eli Wax, 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 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 Eli Wax, Member Troy Warner, Vice-Chairperson Canneth Lee, 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 Lori K. Hamann, Member Karen L. White, 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 Troy Warner, Member Eli Wax, 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 matters 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 2023 COMMON COUNCIL STANDING COMMITTEES (Rev.01-09-2023) 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 Personnel & Finance Committee, Member HENRY DAVIS, JR. 2nd District Council Member Utilities Committee, Chairperson Residential Neighborhoods Committee, Member Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member Community Investment 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 Personnel & Finance Committee, Vice-Chair Utilities Committee, Member PARC Committee, Vice-Chairperson Sub-Committee on the Minutes, Member ELI WAX, 5TH District Council Member Health & Public Safety Committee, Chairperson Committee Relations, Member Utilities, Vice-Chairperson Sub-Committee on Minutes, Member Community Investment, Member Council Rules Committee, Member Personnel & Finance, 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, Vice Chairperson Health & Public Safety Committee, Vice-Chairperson Zoning & Annexation Committee, Member LORI K. HAMANN, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation, Member Information & Technology Committee, Vice-Chairperson Utilities Committee, Member Community Relations Committee, Vice- Chairperson 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-Oty Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 March 22, 2023 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 (574)235-9321 Fax (574) 235-9173 1DD (574) 235-5567 r------""'-"-12:/ I www.southbendin.gov Filud in Clerk's Office MAR l 2 202::i DAWN M. JONESITY CLERK, SOUTH BEND, IN RE: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING TO THE MAYOR CERTAIN APPLICANTS FOR THE POSITION OF DIRECTOR OF THE COMMUNITY POLICE REVIEW BOARD OFFICE Dear Council Members: As you all know, the interview process for the Director of the Community Police Review Board is now completed. The Community Relations Standing Committee will meet tonight to discuss the candidates. Following that public meeting, the Council President, the Vice President, the immediate past Council President and the Chair of the Health & Public Safety Committee will meet for the purpose of drafting a resolution of recommendation to the Mayor. In order to meet the filing deadline for the Council meeting scheduled for March 27, 2023, we are submitting this proposed resolution as a placeholder pending tonight's meeting. A substitute will subsequently be submitted when the names of the recommended applicants are determined. We are proceeding this way in order to have the Resolution ready to be voted on at the full Council meeting on March 27, 2023. Please file this proposed resolution and place it on the agenda for the Community Relations Committee meeting for March 27, 2023 and the full Council meeting later that evening. Thank you for your consideration. Sincerely yours, South Bend Common Council �e�resident South Bend Common Council BILL NO. 23-13 IIABONMARCHE March 7, 2023 South Bend Common Council 227 W. Jefferson Blvd South Bend, IN 46601 Filed in Clerk's Office MAR O 8 2023 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Engineering • Architecture • Land Surveying Re: Excess Right-of-Way on the South Side of Corby, Blvd West of Arthur St. Dear members of the Council: Please find enclosed a Petition to Vacate a Public Right-of-Way. The petitioners recently acquired both homes that used the excess Right-of-Way for access and parking. It is their intent to combine this excess Right-of-Way with their adjacent parcels for the new proposed development. Respectfully, ABONMARCHE CONSULTANTS, INC. 0N� Robert A. Nichols Project Manager 315 West Jefferson Boulevard, South Bend, IN 46601 • 574.232.8700 abonmarche.com BILL NO. 15-23 Filed in Clerk's Office MAR 0 8 2023 BILL NO. 15-23 DAWN M. JONES ORDINANCE NO. CITY CLERK, SOUTH BEND,IN AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: 1100 BLOCK OF CORBY BOULEVARD BEING A PART OF CORBY BOULEVARD AS SHOWN ON THE INDIANA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS FOR SR 23, R/W CODE 3786, DES NO. 9133615, PROJECT NO.STP-S050-(007) DATED DECEMBER 19, 2011 AND BEING SITUATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 6,TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP,CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12,the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: Excess Right of Way on the South Side of Corby Blvd,West of Arthur St. more fully described in Exhibit A attached hereto hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana,to construct and maintain any facilities, including,but not limited to, the following: electric,telephone, gas,water, sewer, surface water control structures and ditches, within the vacated right-of-way,unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Lots 321, 320 and 319 of Park P1 3rd Add Section IV. The purpose of the vacation of the real property is to combine excess Right- of-Way with adjacent parcels for new proposed development. 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. 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 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office LMAR 0 8 NB DAWN M.JONES CITY CLERK,SOUTH BEND,IN Filed in Clerk's Office MAR 0 8 2023 ZIABONMARCHE DAWN M.JONES CITY CLERK.SOUTH BEND.IN Engineering • Architecture • Land Surveying LETTER OF TRANSMITTAL TO: Office of the City Clerk DATE: 3/7/2023 JOB NO.: 21-1378.422 City of South Bend 337 W. Jefferson Blvd, Ste. 455 RE: ROW Vacation County City Building 1 100 Block of Corby Blvd South Bend, IN 46601 WE ARE SENDING YOU: LI Contract/ Agreement Prints / Plans Shop Drawings Change Order Specifications COPIES DATE DESCRIPTION 1 BPW Preliminary Review Packet 1 Petition to Vacate 1 Ordinance 1 Letter-Explanation for Alley Vacation Certified mailing envelopes 150.00 (cash) filing fee THESE ARE TRANSMITTED as checked below: For Review & Comment ® For Your Use As Requested Approved as Submitted Approved as Noted Returned for Corrections For Bids Due: REMARKS: COPY TO: n SIGNED: If enclosures are not as noted, kindly notify us at once. 315 West Jefferson Boulevard,South Bend,IN 46601 •574.232.8700 abonmarche.com it 1316 COUNTY-CITY BUILDING PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W \\ a? FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 PE _ r '47Filed in Clerk's Office 1865.... .:.: MAR !CITY OF SOUTH BEND JAMES MUELLER,MAYOR MAR 0 6 2023 BOARD OF PUBLIC WORKS DAWN M.J•N S CITY CLERK,SOUTH BEND,IN February 14,2023 Mr.Robert Nichols for Five Corners,LLC 814 Marietta St. South Bend,IN 46601 rnicholsAabonmarche.com RE: Right-of-Way Vacation—1100 Block of Corby Blvd.(Preliminary Review) Dear Mr.Nichols: At its February 14, 2023 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this Right-of-Way with a request to maintain the same distance from back of curb and degree of curve in road.If you still wish to pursue this Right-of-Way vacation,please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council,approval of an ordinance,and certification of the ordinance from the Mayor.The property then must be recorded with the Recorder's Office to ensure that your 50%ownership of the property is appropriately transferred to your name.If you have any questions about how the Right-of-Way vacation will affect your property taxes,please contact the Auditor's Office. In its Ordinance, the City of South Bend Common Council included the Board of Public Works' requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specifications.These updates should be made within ninety(90)days of final approval from the Common Council. Please notify us when this work is complete.If you have any further questions,please call this office at(574)235- 9251. Sincerely, s/Theresa Heffner Theresa Heffner,Clerk Enclosures TH/1h ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT JORDAN V.GATHERS MURRAY L.MILLER SOUTH g, re,ce ti x aes. INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: January 11, 2023 TO: Matt Longfellow, Public Works Zach Hurst, Engineering Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS— ROW VACATION APPLICANT: Robert Nichols for Five Corners, LLC LOCATION: 1100 Block of Corby Blvd. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1 The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS: No objections to this vacation, assuming the legal description for the proposed new right-of-way line (along south side of Corby) maintains the same distance from back of curb and the degree of curve in the road as the existing right-of-way line of Corby. COMMUNITY INVESTMENT: Favorable recommendation includes request to include the ROW remnant found at the SW corner of Arthur Street and Corby. FIRE: Favorable POLICE: Favorable recommendation Filed in Clerk's Office EXHIBIT A MAR 0g 2OY3 CORBY BOULEVARD VACATION DESCRIPTION bAWN M,JONES CITY CLEI 1<,SOUTH BEND,IN BEING A PART OF CORBY BOULEVARD AS SHOWN ON THE INDIANA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANS FOR SR 23, R/W CODE 3786, DES NO. 9133615, PROJECT NO. STP-S050-(007) DATED DECEMBER 19, 2011 AND BEING SITUATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 6,TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION PER RECORDED ALTA SURVEY, INSTRUMENT NUMBER 2022-21866, ST. JOSEPH COUNTY RECORDER. COMMENCING AT A CAPPED REBAR (ABONMARCHE FIRM #0050) ON THE SOUTHERLY LINE OF A TRACT OF LAND CONVEYED TO THE STATE OF INDIANA AS DESCRIBED IN INSTRUMENT NUMBER 1113039 - PARCEL 88 , ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 54°27' 26" EAST,ALONG THE SOUTHERLY LINE OF SAID STATE OF INDIANA- PARCEL 88 LAND, AND SAID LINE EXTENDED, 141.79 FEET TO A CAPPED REBAR (ABONMARCHE FIRM #0050) ON THE EAST LINE OF LOT 11 OF BERGAN'S REPLAT OF LOTS 2, 3, AND 4 OF LISTENBERGER'S FIRST ADDITION, RECORDED IN PLAT BOOK 10, PAGE 9, ST.JOSEPH COUNTY RECORDER,AND BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 54°27' 26" EAST, 18.31 FEET TO THE POINT OF CURVATURE OFA TANGENT CURVE TO THE LEFT; THENCE SOUTHEASTERLY, AN ARC DISTANCE OF 100.19 FEET, ALONG SAID CURVE HAVING A RADIUS OF 440.00 FEET AND SUBTENDED BY A LONG CHORD BEARING SOUTH 60°58'51" EAST,99.98 FEET TO A POINT LYING NORTH 00° 11'53" WEST FROM THE NORTHEAST CORNER OF LOT 319 AS SAID LOT IS KNOWN AND DESIGNATED ON THE THIRD PLAT OF PARK PLACE, RECORDED IN PLAT BOOK 8 PAGE 192, ST. JOSEPH COUNTY RECORDER; THENCE SOUTH 00° 11' 53" EAST, ALONG THE NORTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 319, A DISTANCE OF 34.11 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 89° 43' 16" WEST, ALONG THE NORTH LINE OF SAID LOT 319 AND THE NORTH LINE OF LOTS 320 AND 321 OF SAID THIRD PLAT OF PARK PLACE, 102.03 FEET TO A CAPPED REBAR (ABONMARCHE FIRM #0050); THENCE NORTH 00° 15' 02" WEST, ALONG THE SOUTHERLY PROJECTION OF THE EASTERLY LINE OF SAID LOT 11 AND ALONG THE EASTERLY LINE OF SAID LOT 11, 93.75 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL COVENANTS, RIGHTS-OF-WAY, AND EASEMENTS OF RECORD. CONTAINING 6,231 SQUARE FEET(0.14 ACRES) MORE OR LESS. THIS DOCUMENT WAS PREPARED BY HANS P. MUSSER, INDIANA REGISTERED LAND SURVEYOR, LICENSE NUMBER 29700002. uaIUI11111 S P Moo'', 12/22/2022 HANS P. MUSSER, PS DATE LS29700002 STATE OF JOB NO.: 21-1378 4 40'' F:\SHARE\CLERK\AGENDAS&PACKET MATERIAL\2023\03-13-2023\21-1378 CORBY BLVD VACATION DESCRIPTION.DOCX RECEIVED Y„_tt f...STREET/ALLEY VACATION APPLICATION va City of South Bend — Board of Public Works JAN 1 1 2023 227 W.Jefferson Boulevard, Ste. 1316 City of South Bend uks South Bend, IN 46601 Div. of Engineering Date: 1/11/2023 Phone#: 574-232-8700 Five Comers, j_ 0. SLC , rnichols@abonmarche.com Name: e)1(1 0( loft 0 4- 5.6 y lap b Email: Property It 60 ‘1oc Cb C0,00(. RA Address: MC • I'i[i ?•L'4 f I 'L.11&( Applicant property information: El Residential 0 Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): Excess Right of Way on the South Side of Corby Blvd, West of Arthur St. Is your property adjacent to the alley of interest? E Yes No Do you own all adjacent properties to the alley of interest?Yes Q No Does the existing alley provide garage access to other property owners? 0 Yes El No Does the alley receive daily traffic excluding your own use?Yes 0 No Would the vacation hinder public access to any of the following:a church, Yes Q No school,or any other public building or place? Reason for street/alley vacation and proposed use: Five Corners LLC recently acquired both homes that used the excess ROW for access and parking. it is their intent to combine this excess ROW with their adjacent parcels for their new proposed development. A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: v]rYes No CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS a Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Gary A.Gilot,Member Jordan V.Gathers,Member Murray L.Miller,Member Attest: Theresa M.Heffner,Clerk Date: February 14,2023 l 5. i ik.,$ jl A i / f 0 . - J At L 1 $ d Ali, dm,.• 4,E .j,,, IA, 'nom er.,, ,.,.;__,-,--- ...1.)---, f r Om or® © - I R ..1 p.,-.:iN AO 3 Ji i El Tl rJ I t R--- 3 Yr L :? la t L _ I I It, I - - I- 14,1 I. T 701:1 ' 1? 1 A. - sNss Ilikrt+/ -• 't2 X--.' l't', 6'30.',-:.: ' ,; 47: ;..,.; ' A ii.‘. i . it gl ' i .17i11.4'''--.t NNN‘,,r(7 r,. g,..,,. / f. 4 PiN. 1 013-510G-37-V, 6W?'k C20,, u'' - i S+ • I v, E ea r." 1 ... ,y% - ` : :.` '1 a 20 rW' I 1 t j+t,- _ (•(iQ 7T r -. - ;/ • i'4.? 11+ ` Fi 1 ' v f4. T I i41,_ •:‘, V J. c rf y. o n.;q 11 1f 4',d - . .i& Pj ! ',:,[1 .fi Ur mss. lir O ft 4( r J R,c' e p - 32 Jve ©c r 0-S ' ' _ r , ?<. 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I., N..- . . c• ii 4.0 - • c )I 0 9) 1 OD is ..t . ,. te -....i,,,- 1. • 11111111 mailingadd mailingcit mailing mailingzip name_1 prop_addr prop_city prop_st prop_zip 10843 Weston Dr Carmel IN 46032 ALFORD PAULA L&JERRY B 1148 CORBY BLVD SOUTH BEND IN 46617 1209 Corby Blvd South Bend IN 46617 KUHARIC PAUL F &JILL E 1201 CORBY BLVD SOUTH BEND IN 46617 814 Marietta South Bend IN 46601 FIVE CORNERS LLC 1133 CORBY BLVD SOUTH BEND IN 46617 814 Marietta South Bend IN 46601 FIVE CORNERS LLC 1124 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1132 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1125 CORBY BLVD SOUTH BEND IN 46617 1209 Corby Blvd South Bend IN 46617 KUHARIC PAUL&JILL E KUHARIC 1209 CORBY BLVD SOUTH BEND IN 46617 1135 CORBY BLVD SOUTH BEND IN 46617 1137 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1140 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1144 CORBY BLVD SOUTH BEND IN 46617 814 Marietta South Bend IN 46601 FIVE CORNERS LLC 1128 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1134 CORBY BLVD SOUTH BEND IN 46617 814 Marietta St South Bend IN 46601 FIVE CORNERS LLC 1136 CORBY BLVD SOUTH BEND IN 46617 814 Marietta South Bend IN 46601 FIVE CORNERS LLC 1136 SOUTH BEND AV SOUTH BEND IN 46617 16001 S 108th Ave Orland Park IL 60467 RL WHITCOMB LLC 1202 CORBY BLVD SOUTH BEND IN 46617 1526 E LaSalle South Bend IN 46617 KUHARIC PAUL& KIMMELL ANN MARIE Abliiii"0,,.., g -.4 . 41111) 7.d. 1865 OFFICE OF THE CITY CLERK DAWN M.JONES, CITY CLERK PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: 34203 To the Common Council of the City of South Bend,Indiana.I(we),the undersigned property owner(s), petition you to vacate: 1. THE ALLEY DESCRIBED AS: 2. THE STREET DESCRIBED AS: Excess Right of Way on the South Side of Corby Blvd. See attached map) Abutting Property Owner(s)Signatures: Name(print): Signature Address Lot Number Five Corners. LLC Gnr, \acyl.), 814 Marietta St, South Bend. IN 46617 (See attached) 1. rVuc,yn/ A-) 2. 3. INTEGRITY' SERVICE'ACCESSIBILITY BIANCA L.Tmnno GRA IAni D.SPARKS GAiRIEL N.MUREI CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERIC EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.1 South Bend,Indiana 466011 p 574.235.92211f 574.235.91731 www.southbendin.gov ll El1 1 11 D C1' L. - 0J- I. l'-' .. i i , L aK r n n n Q 1: : J I, r4, it, — 2' a r ,` n74' } b.` r• 1mi11 . min+' N N 1 i I 2. 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E v C Z _ 1" 018- 5092- 3235` 018- 5092- 3264' 018a09Q 28Z Z s- S, J 2 : 32A7 J` t 018- 5092- 3267 018- 5092- 3266 ---, Sharon L McBride President Sheila Niezgodski Vice-President Canneth Lee Oiairperson, Committee of the Whole Canneth Lee First District He nry Davis, Jr. Second District Sharon L McBride Third District Troy Warner Fourth District Eli Wax Fifth District Sheila iezgodski 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-Oty Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 (574)235-9321 Fax (574) 235-9173 IDD (574) 235-5567 http://www.southbendin.gov March 8 f 202 iled in Cl�rk's Office Chairperson Eli Wax Health and Public Safety Committee South Bend Common Council 4 th Floor, County-City Building South Bend, IN 46601 HAR O 8 2023 Li/.Wf\1 .. -;-._;l)t�ES ITY CLEhK, SOUT BEND, IN RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION Dear Chairperson Wax: Most of us in our youth heard our elders say "Good night. Don't let the bed bugs bite." That cute childhood rhyme has a much different meaning today. It is now an actual warning. Bed bug infestations throughout the entire city are distressing our residents. It has gotten so bad that teachers are leaving classrooms to avoid risking taking bed bugs home with them. Something must change. Several states have specific laws addressing the issue of bed bugs. Unfortunately, Indiana is not one of those states. Arguably, IC 32-31-8-5 provides broad protection in the form of a warranty of habitability. The Indiana General Assembly has considered bills specifically providing for bed bug remediation in the 2021 session and currently in the 2023 session. Although these bills have not passed in the General Assembly. I believe that it is in the best interests of city residents to have the such protection. This ordinance, based on bills that have been addressed in the General Assembly requires a tenant to inform the landlord if the tenant reasonably suspects the presence of bed bugs. The ordinance requires landlords to have dwelling units inspected by a qualified inspector. After receipt of an inspection report , the landlord must to inform the tenant whether the dwelling unit contains bed bugs and, if so, to begin reasonable measures to treat the bed bug presence. The ordinance also establishes responsibilities for the tenant and landlord concerning notice, access, and costs. BILL NO. 14-23 4' pUTN 4+.City of South Bend 574)235-9321 Fax(574)235-9173 Common Council TDD(574)235-5567 PEACE ahttp: llwww.southbendin.gov 441 County-City Building• 227 W.Jefferson Blvd 1865 South Bend,Indiana 46601 I am filing this proposed ordinance for first reading on March 13, 2023 and request that it be included on the Health and Public Safety Committee agenda to be followed by second and third readings and public hearing on March 27, 2023. Thank you for your consideration. Sincerely yours, Henry Davis, Jr., South Bend Common Council Second District Filed in Clerk`s Office MAR o znt3 DAVkdV tvi. CITY CLERK, CCUJUT !END,IN Filed in Clerk's Office MAR 0 8 2023 BILL NO. 14-23 DAWN M.JONES CITY CLERK,SOUTH BEND,IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, BY ADDING ARTICLE 15, SECTIONS 6-94 THROUGH 6-108 INCLUSIVE TO REQUIRE LANDLORDS AND TENANTS TO PARTICIPATE IN BED BUG REMEDIATION. STATEMENT OF PURPOSE AND INTENT Several states have specific laws addressing the issue of bed bugs. Unfortunately, Indiana is not one of those states. Arguably, IC 32-31-8-5 provides broad protection in the form of a warranty of habitability. The Indiana General Assembly has considered bills specifically providing for bed bug remediation in the 2021 session and currently in the 2023 session. Although these bills have not passed in the General Assembly, the South Bend Common Council believes that it is in the best interests of city residents to have the such protection. This ordinance, based on bills that have been addressed in the General Assembly requires a tenant to inform the landlord if the tenant reasonably suspects the presence of bed bugs. The ordinance requires landlords to have dwelling units inspected by a qualified inspector. After receipt of an inspection report, the landlord must to inform the tenant whether the dwelling unit contains bed bugs and, if so, to begin reasonable measures to treat the bed bug presence. The ordinance also establishes responsibilities for the tenant and landlord concerning notice, access, and costs. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION I.Chapter 6(Building),Article 15,Sections 6-94 through Section 6-108 are added to of the South Bend Municipal Code and the Article is hereby amended to read in its entirety as follows: SECTION I. Article 15.Bed Bug Remediation Sec.6-94.As used in this article,"bed bug"means the common bed bug,or cimex lectularius. Sec. 6-95. As used in this article "contiguous dwelling unit" means a dwelling unit that is contiguous with another dwelling unit,both of which units are owned,managed,leased,or subleased by the same landlord. Sec. 6-96. As used in this article, "dwelling unit" means a structure or the part of a structure that is used as a home, residence,or sleeping place by a tenant. Sec.6-97.As used in this article"electronic notice"means notice by electronic mail or an electronic portal or management communications system that is available to both a landlord and a tenant. Sec.6-98.As used in this article,"landlord"means the owner, manager,lessor,or sublessor of a residential premises. Sec.6-99.As used in this article,"pest control applicator"means a: 1)licensed applicator for hire(as defined by IC 15-16-5-16); or 2)registered technician(as defined by IC 15-16-5-33). Sec.6-100.As used in this article,"qualified inspector"means a: 1)local health department official; 2)licensed pest inspector(as defined by IC 15-16-5-18);or 3) scent detection canine team that holds a current, independent,third-patycertification under the guidelines for minimum standards for canine bed bug detection team certification established by the National Pest Management Association or its successor organization; who is retained by a landlord to conduct an inspection for bed bugs. Sec.6-101.As used in this article,"tenant"means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others. Sec.6-102.(a)A tenant shall promptly notify the tenant's landlord by written or electronic notice when the tenant knows or reasonably suspects that the tenant's dwelling unit contains bed bugs.A tenant who gives a landlord electronic notice concerning potential bed bugs shall send the notice only to the electronic mail address,telephone number,or electronic portal specified by the landlord in the rental agreement for communications.However,if there is not a provision specifying communications in the rental agreement,the tenant shall communicate with the landlord in a manner that the landlord has previously used to communicate with the tenant.The tenant shall retain sufficient proof of the delivery of the electronic notice. b)Not more than ninety-six(96)hours after receiving notice of the presence of bed bugs or the possible presence of bed bugs,a landlord,after providing notice to the tenant as required under section 6-104 of this article: 1) shall obtain an inspection of the dwelling unit by a qualified inspector; and 2)may enter the dwelling unit or any contiguous dwelling unit for the purpose of allowing the inspection as provided in section 6-105 of this article. c)If the inspection of a dwelling unit confums the presence of bed bugs,the landlord shall have an inspection of all contiguous dwelling units performed as promptly as is reasonably practical. Sec.6-103.(a)If a landlord obtains an inspection for bed bugs,the landlord must provide written notice to the tenant within two(2) business days after receiving the inspection report indicating whether the dwelling unit contains bed bugs. b)If a qualified inspector conducting an inspection determines that neither the dwelling unit nor any contiguous dwelling unit contains bed bugs, the notice provided by the landlord under subsection(a)must inform the tenant that if the tenant remains concerned that the dwelling unit contains bed bugs,the tenant may contact the local health department to report any concerns. c)If a qualified inspector conducting an inspection determines that a dwelling unit or any contiguous dwelling unit contains bed bugs in any stage of the life cycle, the qualified inspector shall provide an inspection report to the landlord within twenty-four 24)hours of completing the inspection. Not more than five(5) business days after receiving an inspection report that indicates the presence of bed bugs, the landlord shall begin reasonable measures,as determined by the qualified inspector,to effectively treat the bed bug presence,including retaining the services of a pest control applicator to treat the dwelling unit and any contiguous dwelling unit. d)Except provided in section6-104(c)of this article,a landlord is responsible for all costs associated with an inspection for,and treatment of,bed bugs. e)Nothing in this section prohibits a tenant from contacting any governmental agency at any time concerning the presence of bed bugs. Sec. 6-104. (a) If a landlord, qualified inspector, or pest control applicator must enter a dwelling unit for the purpose of conducting an inspection for, or treating the presence of, bed bugs, the landlord shall provide the tenant reasonable written or electronic notice of the fact at least forty-eight(48)hours before the landlord, qualified inspector,or pest control applicator attempts to enter the dwelling unit,unless a rental agreement provides for a different minimum time for the notice.A tenant who receives the notice may not unreasonably deny the landlord,qualified inspector,or pest control applicator access to the dwelling unit. b)A tenant may waive the notice requirement described in subsection(a)of this section. Sec.6-105.(a)A qualified inspector who is inspecting a dwelling unit for bed bugs may conduct an initial visual and manual inspection of a tenant's bedding and upholstered furniture. The qualified inspector may inspect items other than bedding and upholstered furniture when the qualified inspector determines that an inspection is necessary and reasonable. b)If a qualified inspector fmds bed bugs in a dwelling unit or in any contiguous dwelling unit,the qualified inspector may have additional access to the tenant's personal belongings as the qualified inspector determines is necessary and reasonable. c)A tenant must comply with reasonable measures to permit the inspection for,and the treatment of,the presence of bed bugs as determined by the qualified inspector.The tenant is responsible for all costs associated with preparing the tenant's dwelling unit for inspection and treatment. A tenant who knowingly and unreasonably fails to comply with the inspection and treatment requirements described in this chapter is liable for the cost of any bed bug treatments of the dwelling unit and contiguous dwelling units if the need for the treatment of bed bugs arises from the tenant's noncompliance. d)If any furniture,clothing,equipment,or personal property belonging to a tenant is found to contain bed bugs,the qualified inspector shall advise the tenant that the furniture, clothing, equipment,or personal property should not be removed from the dwelling unit until a pest control applicator determines that a bed bug treatment has been completed.The tenant may not dispose of personal property that was determined to contain bed bugs in any common area where the disposal may risk the infestation of other dwelling units. e) Nothing in this section requires a landlord to provide a tenant with alternative lodging or to pay to replace a tenant's personal property. f)Nothing in this section preempts or restricts the application of any state or federal law concerning reasonable accommodations for persons with disabilities. Sec.6-106. (a)A landlord may not offer for rent a dwelling unit that the landlord knows or reasonably suspects to contain bed bugs. Upon request from a prospective tenant, a landlord shall disclose to the prospective tenant whether, to the landlord's knowledge,the dwelling unit that the landlord is offering for rent contained bed bugs within the previous eight(8)months. b) Upon request from a tenant or a prospective tenant, a landlord shall disclose the last date,if any,on which a dwelling unit being rented or offered for rent was inspected for,and found to be free of,bed bugs. Sec.6-107.(a)A landlord who fails to comply with this article is liable to the tenant for the tenant's actual damages. b)A landlord may file an action in a circuit or superior court in the county where the dwelling unit is located to obtain injunctive relief against a tenant who: 1)refuses to provide reasonable access to a dwelling unit;or 2)fails to comply with a reasonable request for inspection or treatment of a dwelling unit. c) If a court finds that a tenant has unreasonably failed to comply with any of the requirements in this article,the court may issue a temporary order to carry out the requirements in this article,including: 1)granting the landlord access to the dwelling unit; 2) granting the landlord the right to engage in bed bug inspection and treatment measures in the dwelling unit;and 3) requiring the tenant to comply with specific bed bug inspection and treatment measures or assessing the tenant with costs and damages related to the tenant's noncompliance. d)A court order granting a landlord access to a dwelling unit must be served upon the tenant at least twenty-four(24) hours before a landlord,qualified inspector,or pest control applicator enters the dwelling unit. e) The remedies in this section are in addition to any other remedies available at law or in equity to any person. f)This section does not limit or restrict the authority of any state or local housing agency or health department. Sec.6-108.A landlord who complies with this chapter is considered to have satisfied the requirements of habitability of the dwelling with respect to matters concerning bed bugs. Section II. 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, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 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 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of 2023, at o'clock m. James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office MAR 0 8 2023 LSOUTDA N N;.JONESCINCLERK,H IJN BILL NO. 07-23 March 22, 2023 CITY OF SOUTH BE COMMUNITY INVESTMENT Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, Indiana 46601 Filed in Clerk's Office MAR 2 2 202:l DAWN M. JONES CITY CLERK, SOUTH BEND, IN RE: Declaratory Resolution: Mixed-Use Development Real Property Tax Abatement Petition for the Tower at Washington Square LLC (Liberty Tower) Dear Council Member Tomas Morgan: Please find the enclosed information pertaining to a mixed-use development real property tax abatement petition submitted by Tower at Washington ,Square LLC, an Indiana Limited Liability Company. The petitioner plans to complete the renovation of the Liberty Tower building at 213 West Washington Street in downtown South Bend. This petition package includes: •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits form (SB-1 / Real Property) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner will complete the remodel of roughly 90 apartment units, restore and create new meeting and event spaces, and create a bar/lounge and event space with rooftop access on the seventh floor. Previous phases of a complete rehabilitation of the building, including the opening of the Aloft hotel and new commercial spaces, were completed in 2017. The total private investment for the project is $14.7 million. The project meets the requirements established by Sections 2-80, et seq. and would qualify for an eight-year (8) mixed-used development real property tax abatement. Representatives from the Tower at Washington Square LLC will be available to meet with the Committee on Monday, March 27, 2023. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at (574) 235-5898. Erik Glavich Director, Growth and Opportunity EXCELLENCE I ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 County-City Building 227 W. Jefferson Blvd. South Bend. Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 23-11 March 22, 2023 CITY OF SOUTH BEN COMMUNITY INVESTMENT Council Member Rachel Tomas Morgan Chairperson, Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, Indiana 46601 Filed in Clerk's Office MAR 2 2 2023 DAWN M. JONESCITY CLERK, SOUTH BEND, IN RE: Confirming Resolution: Industrial Development Real Property Tax Abatement Petition for the Robert Henry Corporation Dear Council Member Tomas Morgan: Please find enclosed information pertaining to industrial development real property tax abatement petitions submitted by the Robert Henry Corporation, an Indiana for-profit corporation. The petitioner plans to build a truck maintenance facility and new offices at 3161 Youngs Court and 2652 Jaclyn Court on the southwest side of South Bend. The Robert Henry Corporation plans to transfer operations to the new facilities from its current location on South Frances Street in the East Bank Neighborhood. This petition package includes: •Letter from the petitioner •Department of Community Investment's summary report •Petitions (one for each property for which the application is requesting an abatement) •Statement of Benefits forms (SB-1 / Real Property) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. In addition to a new truck maintenance center and offices, Robert Henry Corporation will construct a worker training facility. The total private investment for the project is $6 million. The project meets the requirements established by Sections 2-82, et seq. and would qualify for a six-year (6)industrial development real property tax abatement. Representatives from the Robert Henry Corporation will be available to meet with the Committee on Monday, March 27, 2023. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at (574) 235-5898. Erik Glavich Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT i400S County-City Building 227 W. Jefferson Blvd. South Bend. Indiana 46601 p 574.235.9371 www.southbendin.gov BILL NO. 23-15 Sharon L. McBride President Sheila Niezgodski Vice-President Canneth Lee Chairperson, Committee of the Whole Canneth Lee First District Heruy 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 (574)235-9321 Fax (574) 235-9173 IDD (574) 235-5567 http://www.southbendin.gov 441 County-Oty Building • 227 W. Jefferson Blvcr-------------. South Bend, Indiana 46601 Filed in Clerk's Office March 22, 2023 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 DAWN M. JONESCITY CLERK, SOUTH BEND, IN RE: A SPECIAL RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY RECOGNIZING, COMMENDING, AND HONORING THE RILEY HIGH SCHOOL WILDCATS 2022-2023 BOYS SWIM TEAM ON A SUCCESSFUL SEASON AS: CITY CHAMPIONS, NORTHERN INDIANA CONFERENCE (NIC) 2 nd, SECTIONAL CHAMPIONS, AND ST A TE 6th OVERALL. Dear Council Members: It is always a pleasure to recognize young people in our community for outstanding achievements, whether those achievements are in the areas of academics, athletics, music, community involvement, or otherwise. This Special Resolution honors a group of Riley High School athletes, the Boys Swim Team, for not only a spectacular season, but also for carrying on Riley's long tradition of excellence in swimming competitions. We request that this Special Resolution be placed on the Council's agenda under "Special Business" for the Council meeting on March 27, 2023. Please join us in this Special Resolution recognizing and honoring that group of young men. Thank you for your consideration. Sincerely yours, South Bend Common Council E. Sout en ommon Council .., BILL NO. 23-14 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 Eh 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 (574)235-9321Fax (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov 441 County-GtyBuilding • 227 W.Jefferson Bl South Bend, Indiana 46601 Filed in Clerk's Office March 22, 2023 MAR· c. 2 2023 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 DAWN M. JONES CITY CLERK, SOUTH BEND, IN RE: A SPECIAL RESOLUTION OF TH COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY RECOGNIZING THE INDIANA ATHLETIC TRAINERS' ASSOCIATION AND ACKNOWLEGING THE MONTH OF MARCH AS NATIONAL ATHLETIC TRAINING MONTH Dear Council Members: South Bend is well known for its many athletic pm grams in both the academic and non-academic arenas. South Bend is equally well known for the medical resources available to the community. Common to both is the practice of athletic training. Athletic trainers have a long history of providing quality health care for athletes and persons engaged in regular physical activity. They are highly skilled health care professionals who specialize in immediate, acute, and emergency care; examination, assessment and diagnosis; injury prevention; risk management; therapeutic intervention; and rehabilitation of injury and illness. This Special Resolution recognizes the Indiana Trainers Association, founded in 1984, and acknowledges the Month of March as National Athletic Training Month. The Special Resolution also incorporates sections of Mayor Mueller's prior Proclamation honoring these healthcare Providers. Please place this Special Resolution on the agenda for the March 27, 2023, full Council meeting under "Special Business". Thank you for your consideration. Sincere��h>\_ I\ . M �cL_, Sharon McBride, President South Bend Common Council �i;� ei;Nie�President South Bend Common Council BILL NO. 23-12 March 21, 2023 City of South Bend PLAN COMMISSION Honorable Committee Chair Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: 616 Sherman Ave -PC#0143-23 Dear Committee Chair Hamann: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office I -· , -MAR 2,1 2023 I 0Aw�M-.-Jo-N""'"'e-s­c1rv CLERK. SOUTH BENO, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 27 th, 2023, Council meeting, and set it for public hearing at your April 24 th, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the April 17th , 2023, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission 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: Rezone the property from U2 Urban Neighborhood 2 to U3 Urban Neighborhood 3 to allow for a six-plex. If you have any questions, please feel free to contact our office. Sincerely, �� Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President BILL NO. 16-23