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HomeMy WebLinkAbout11-27-2023 South Bend Common Council Agenda & 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: MONDAY, NOVEMBER 27, 2023 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, November 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/11272023CC. 6:00 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 6:30 P.M. Bill No. 76-23 – Ordinance Amending Chapter 17, Article 14 Section 17-128 to update Monthly Storm Water User Fees Bill No. 77-23 – Ordinance Amending Ordinance No. 10985-23 Sewage Works (Wastewater) Bond ZONING & ANNEXATION CHAIRPERSON, HAMANN Bill No. 74-23 – Amending a Zoning Ordinance for Property Located at 1023 Quimby Street, District No. 4 Council President Sharon L. McBride has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, 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, November 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/112723SBCC 1. INVOCATION Deacon Anne Wiestock, Cathedral of St. James 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES Approval of Monday, October 23, 2023 South Bend Common Council Meeting Minutes 5. SPECIAL BUSINESS 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 62-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 2 EAST OF THE 2ND PRINCIPAL MERIDIAN, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 49 ON THE RECORDED PLAT OF NORTHWEST ADDITION 2ND PLAT IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 90°00’00” EAST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF MCCARTNEY STREET, A DISTANCE OF 72.90 FEET; THENCE SOUTH 0°05’13” EAST A DISTANCE OF 269.55 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF KING STREET AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 0°05’13” EAST A DISTANCE OF 60.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID KING STREET; THENCE SOUTH 90°00’00” WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 64.00 FEET; THENCE NORTH 0°05’13” WEST A DISTANCE OF 60.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID KING STREET; THENCE NORTH 90°00’00” EAST ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 64.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.CONTAINING 3,840 SQUARE FEET 74-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED, 1023 QUIMBY STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 75-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1119 N TWYCKENHAM DRIVE COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 76-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 14, SECTION 17-128 TO UPDATE THE MONTHLY STORM WATER USER FEES 77-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10985-23 TITLED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY’S SEWAGE WORKS; AUTHORIZING THE ISSUANCE OF ADDITIONAL REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED THIRTY-SIX MILLION DOLLARS ($36,000,000) TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF; PROVIDING FOR THE SAFEGUARDING OF THE INTERESTS OF THE OWNERS OF SAID BONDS; ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 62-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 2 EAST OF THE 2ND PRINCIPAL MERIDIAN, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 49 ON THE RECORDED PLAT OF NORTHWEST ADDITION 2ND PLAT IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 90°00’00” EAST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF MCCARTNEY STREET, A DISTANCE OF 72.90 FEET; THENCE SOUTH 0°05’13” EAST A DISTANCE OF 269.55 FEET TO THE NORTHERLY RIGHT - OF-WAY LINE OF KING STREET AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 0°05’13” EAST A DISTANCE OF 60.00 FEET TO THE SOUTHERLY RIGHT - OF-WAY LINE OF SAID KING STREET; THENCE SOUTH 90°00’00” WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 64.00 FEET; THENCE NORTH 0°05’13” WEST A DISTANCE OF 60.00 FEET TO THE NORTHERLY RIGHT -OF-WAY LINE OF SAID KING STREET; THENCE NORTH 90°00’00” EAST ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 64.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.CONTAINING 3,840 SQUARE FEET 74-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED, 1023 QUIMBY STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 75-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1119 N TWYCKENHAM DRIVE COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 76-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 14, SECTION 17-128 TO UPDATE THE MONTHLY STORM WATER USER FEES 77-23 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10985-23 TITLED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY’S SEWAGE WORKS; AUTHORIZING THE ISSUANCE OF ADDITIONAL REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED THIRTY-SIX MILLION DOLLARS ($36,000,000) TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF; PROVIDING FOR THE SAFEGUARDING OF THE INTERESTS OF THE OWNERS OF SAID BONDS; ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 11. RESOLUTIONS BILL NO. 12. BILLS OF FIRST READING BILL NO. 73-23 FIRST 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 1044 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 79-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ADOPTING AN INVESTMENT POLICY FOR THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2024 81-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2023 OF $1,098,200 FROM THE GENERAL FUND (#101), $768,066 FROM THE PARKS AND RECREATION FUND (#201), $34,579 FROM THE GIFT, DONATION, BEQUEST FUND (#217), $30,000 FROM THE CODE ENFORCEMENT FUND (#230), $8,350 FROM THE HUMAN RIGHTS FEDERAL GRANTS FUND (#258), $445,000 FROM IT/INNOCATION/311 CALL CENTER FUND (#279), $30,000 FROM THE INDIANA RIVER RESCUE FUND (#291), $8,175 FROM THE COVELESKI STADIUM CAPITAL FUND (#401), 112,000 FROM THE PROFESSIONAL SPORTS CONVENTION DEVELOPMENT AREA FUND (#413), $38,500 FROM THE MORRIS PERFORMING ARTS CENTER OPERATIONS FUND (#602), $854,035 FROM THE SOLID WASTE OPERATIONS FUND (#610), $134,865 FROM THE WATER WORKS OPERATIONS FUND (#620), $6,390 FROM THE SEWER REPAIR INSURANCE FUND (#640), $434,500 FROM THE SEWAGE WORKS OPERATIONS FUND (#641), $4,905 FROM THE PROJECT RELEAF FUND (#655), $35,305 FROM THE STORM SEWER FUND (#667), $265,000 FROM THE CENTURY CENTER OPERTIONS FUND (#670), $165,000 FROM THE SELF-FUNDED EMPLOYEE BENEFITS (#711) AND $30,000 FROM THE INDUSTRIAL REVOLVING FUND (#754) 82-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2023 83-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 603, 607, 611, 615, 617, 619, AND 621 WEST MARION STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 84-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO FUND ITS "TAXABLE ECONOMIC DEVELOPMENT REVENUE NOTE, SERIES 2023 (MONREAUX PROJECT)" AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO 85-23 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF THE SOUTH BEND, INDIANA, ADDING CHAPTER 2, ARTICLE 5, SECTION 2-62 TO THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE MANNER IN WHICH COMMISSIONERS OF THE HOUSING AUTHORITY OF SOUTH BEND ARE APPOINTED 13. UNFINISHED BUSINESS 14. NEW BUSINESS 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. 04-24-2023) 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 Thomas Kurzhal, Citizen Member Henry Davis, Jr., Member Kaine Kanczuzewski, 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 Desmont Upchurch, Citizen 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 Maria Gibbs, Citizen Member Matthew Coats, 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 Beth Sanford, 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 Lakeyue Williams, 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 anne xation 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 Community Relations Committee, Member Utilities Committee, Vice-Chairperson Sub-Committee on Minutes, Member Community Investment, Member Council Rules Committee, Member Personnel & Finance Committee, 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 Filed in Clerk's Office SUTH d NOV 0 / 20d •W a pe DAWN M.JONES CITY CLERK,SOUTH BEND,IN 1865 CITY OF SOUTH BEND DEPATV E\T OF U 3LIC WORKS November 7, 2023 Ms. Sharon McBride President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance amending Chapter 17, Article 14 of the South Bend Municipal Code to revise storm water rates for non-residential customers Dear President McBride: Attached is a bill for consideration by the South Bend Common Council addressing changes to the monthly storm water user fee for non-residential customers. Chapter 17, Article 14, of the South Bend Municipal Code was amended in 2021 to establish a hybrid rate system with residential customers continuing to be charged a flat fee while non- residential customers having a multi-tiered impervious-based stormwater rate. This was done to better align the cost of service for parcels generating larger amounts of runoff. Due to challenges in implementing an impervious-based rate into the current billing and customer account management software, the proposed amendments are meant to implement a simplified rate structure for non-residential customers. This will give the City more time to develop the multi- tiered approach that is deemed overall fair and equitable to everyone within a user class. The proposed amendment will implement the rate for Non-Residential Tier 1 customers to all other tiers in 2024 and 2025. I will present the ordinance changes to Council at its upcoming meeting. As always, thank you for your consideration. Sincerely, 44.LIAAA.Ar_i Jitin Kain Deputy Director EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION EMPOWERMENT 1316 County-City Building 227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.9251 I f 574.235.9171 I www.southbendin.gov BILL NO. 76-23 Filed in Clerk's Oftice BILL NO. 76-23 NOV 0 7 2023_I ORDINANCE NO. 10990-23 DAWN M.JONES CITY CLERK,SOUTH BEND,II AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 14, SECTION 17-128 TO UPDATE THE MONTHLY STORM WATER USER FEES STATEMENT OF PURPOSE AND INTENT Chapter 17, Article 14, of the South Bend Municipal Code was amended in 2021 to establish a hybrid rate system with residential customers continuing to be charged a flat fee while non-residential customers having a multi-tiered impervious-based stormwater rate. This was done to better align the cost of service for parcels generating larger amounts of runoff.Due to challenges in implementing an impervious-based rate into the current billing and customer account management software, the proposed amendments are meant to implement a simplified rate structure for non-residential customers. This will give the City more time to develop the multi- tiered approach that is deemed overall fair and equitable to everyone within a user class. The proposed amendment will implement the rate for Non-Residential Tier 1 customers to all other tiers in 2024 and 2025. This ordinance is necessary for the effective, efficient operation of the City's storm water utility. This ordinance is in the best interest of the City and its residents. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 17, Article 14, Section 17-128 shall be amended as follows: d) Monthly Rates 2022 2023 2024 2025 Residential 2.00 2.00 2.25 2.50 Non-Residential 5.00 6410 $5.00 7.00 8.00 Tier 1 Non-Residential 8.00 10.00 12.00 $7.00 14.00 $8.00 Tier 2 Non-Residential 10.00 14.00 18.00 $7.00 22.00 $8.00 Tier 3 Non-Residential 16.00 22.00 28.00 $7.00 34.00 $8.00 Tier 4 Non-Residential 20.00 35.00 50.00 $7.00 65.00 $8.00Tier5 1 SECTION II. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of 2023 Sharon McBride, President, South Bend Common Council ATTEST: Dawn M. Jones, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2023, at o'clock .m. Dawn M. Jones, 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 Cie,,t_------- NOV 0 7 2023 DAWN M.JONES CITY CLERK,SOUTH BEND, 2 BILL NO. 77-23 A-1 EXHIBIT A PROJECT DESCRIPTION The Project consists of the design, acquisition, construction, and installation of certain additions, extensions and improvements to the Sewage Works, including, but not limited to: 1. Final Clarifier Nos. 1-3 influent channel improvements, including new concrete influent channel cover; and abandoned RAS pits fill and cover; 2. Final Clarifier Nos. 1-3 rehabilitation, including replacement sludge collector mechanisms (GPR), effluent weirs, scum baffle and launders; new density current baffles and scum removal equipment; modified return sludge piping; conversion from rim feed to center feed type (GPR) with new influent piping and junction box; structural repairs; and replacement handrailing; 3. Final Clarifier Nos. 1-3 flow control improvements, including relocated influent gates; instrumentation and SCADA; and associated electrical work; and 4. Associated site work, including grading, seeding, sidewalk, and piping. 5. Wastewater Treatment Plant Hydraulic Improvements project includes: a. Modifying the primary effluent channel and primary clarifier effluent flumes with a parallel effluent channel; and b. Replacing the existing 60-inch diameter Final Clarifier Nos. 6 and 7 influent piping with 84-inch diameter piping. 6. CSO 045 EQ Basin project includes: a. CSO 045 diversion structure, including screens and control gates; b. 40 MGD inlet pump station, including four centrifugal flow pumps; c. 3.0 MG circular prestressed concrete basin, partial buried with open top, modulating effluent plug valve and drain system, and radial flushing system; d. CSO 045 overflow structure; e. Control building, electrical and instrumentation, and standby power generator; and f. Site work, including interceptor piping, site piping, access drive, and fencing. The Project is more particularly described in the separate Preliminary Engineering Reports and the Plans and Specifications each as approved by the Indiana Finance Authority (IFA) – State Revolving Fund (SRF). BILL NO. 74-23 BILL NO. 62-23 O BILL NO. 62-23 ORDINANCE NO. 10976-23 Q ,J s 0 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PRO R : Part of the South Half of the Southwest Quarter of Section 35, Township 38 re Range 2 East of the 2nd Principal Meridian, Portage Township, St. Joseph Cou ty, Indiana being more particularly described as follows: Commencing at the Northeast corner of Lot 49 on the recorded plat of Northwest Addition 2nd plat in the Office of the Recorder of St. Joseph County, Indiana; thence South 90°00'00"East along the Southerly right of way line of McCartney Street, a distance of 72.90 feet; thence South 0°05'13"East a distance of 269.55 feet to the Northerly right-of-way line of King Street and the point of beginning of this description; thence continuing South 0°05'13"East a distance of 60.00 feet to the Southerly right-of-way line of said King Street; thence South 90°00'00" West along said Southerly right-of-way line a distance of 64.00 feet; thence North 0°05'13"West a distance of 60.00 feet to the Northerly right-of-way line of said King Street; thence North 90°00'00"East along the said Northerly right-of-way line a distance of 64.00 feet to the point of beginning of this description. Containing 3,840 Square Feet 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: Part of the South Half of the Southwest Quarter of Section 35, Township 38 North, Range 2 East of the 2nd Principal Meridian, Portage Township, St. Joseph County, Indiana being more particularly described as follows: Commencing at the Northeast corner of Lot 49 on the recorded plat of Northwest Addition 2nd plat in the Office of the Recorder of St. Joseph County, Indiana; thence South 90°00'00"East along the Southerly right of way line of McCartney Street, a distance of 72.90 feet; thence South 0°05'13"East a distance of 269.55 feet to the Northerly right-of-way line of King Street and the point of beginning of this description; thence continuing South 0°05'13"East a distance of 60.00 feet to the Southerly right-of-way line of said King Street; thence South 90°00'00" West along said Southerly right-of-way line a distance of 64.00 feet; thence North 0°05'13" West a distance of 60.00 feet to the Northerly right-of-way line of said King Street; thence North 90°00'00"East along the said Northerly right-of-way line a distance of 64.00 feet to the point of beginning of this description. Containing 3,840 Square Feet 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: Parcel ID 018-2168-6182 and 018-2110-4067 Section IV. The purpose of the vacation of the real property is The adjoining owner to the north, Transformation Ministries, plans to use the vacated right of way of King Street to secure access to the east portion of the building. Maintenance equipment, trailers and the owner's vehicles will be stored in the building. This will allow the owner to access the this area of the building without any obstructions. 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 Cleric's C ff:';:Filed in SEP 1 B 2023 i, '1, Revised September 27, 2022 riled•in Clerk'sOffice 1 SEP 18 2023 Pi IcowlM. o • CITY CLERK OUT ES v —1 0 00 IN I I I I 72.90' rthwethwest Addition nd2Plotst c0 in d' r7 N O 0) IL Northwest A dition 2 d Plot o 0 N in N 1 op o ft a. I o 1 co LLI J I Icr0_ 00 O IZ . QJI I J I J 1 J J .d J J o_ o d O I 1 H 5 J e c r P.O.B. j 1 o i I 64.00'\ ill., o s ;oo + N. — — 73"W 60.00' o LO 0 i op :i.. 0.4 0 73.5' mai5-vc-0 — O 64.00' i I oI y CANT II O0 M coN I o Ln co 2" J J O O 1 1J o \ H J oC\ iiim37 GRAPHIC SCALE KING STREET RIGHT OF WAY VACATION All4 TRANSFORMATION MINISTRIES, INC. 1101 KING STREET, SOUTH BEND 2810 Dexter Drive Elkhart, IN 46514 SHEET 1 r• SCALE: 1" = 60' Phone: 574-266-1010 OF 1 ENGINEER: DEBRA S. HUGHES P.E. Email: infoOsam.biz Z ECHNICIAN:AKM DRAWING:1022068741-DESIGN.DWG JOB NUMBER: 1022068741 BILL NO. 75-23 BILL NO. 75-23 Filed in Clerk's Office ORDINANCE NO. 10989-23 O C T 1 9 2023 DAWN M. JONES CITY CLERK,SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1119 N TWYCKENHAM DRIVE COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from S 1 Suburban Neighborhood 1 to U 1 Urban Neighborhood 1. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: LOT NUMBERED THREE (3) AND FOUR (4) AS SHOWN ON THE RECORDED PLAT OF SAM WILLIAMS ADDITION, AN ADDITION TO THE CITY OF SOUTH BEND, AS RECORDED NOVEMBER 4, 1954, IN PLAT BOOK 19, PAGE W OF THE RECORDS OF SAID COUNTY IN ST. JOSEPH COUNTY, INDIANA COMMONLY KNOWN AS 1119 N TWYCKENHAM DRIVE be and the same is hereby established as Urban Neighborhood 1. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7) Commitments, if applicable. 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, 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 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 OCT 19 2023 DAWN M.JJN, CITY CLERK SOUTH C3Et5. !ri: 2 - BILL NO. 73-23 BILL NO. 79-23 BILL NO. 81-23 BILL NO. 82-23 BILL NO. 83-23 BILL NO. 84-23 BILL NO. 85-23