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Home My WebLink About12-11-2023 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: THURSDAY, DECEMBER 07, 2023 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, December 11, 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/12112023CC 3:00 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI Bill No. 76-23 – An Ordinance Chapter 17, Article 14 Sec. 17-128 to Revise Storm Water Rates for Non-Residential Customers Bill No. 79-23 – An Ordinance Adopting an Investment Policy for the City of South Bend Calendar Year 2024 Bill No. 81-23 – An Ordinance Appropriating Additional Funds for the City of South Bend for Certain Departmental and City Service Operations for Calendar Year 2023 from the General Fund Bill No. 82-23 – An Ordinance for Budget Transfers for Various Departments within the City of South Bend for the Year 2023 – SUBSTITUTE 3:30 P.M. COMMUNITY INVESTMENT CHAIRPERSON, TOMAS MORGAN Bill No. 84-23 – An Ordinance Authorizing the City of South Bend to Fund Its “Taxable Economic Development Revenue Note, Series 2023 (Monreaux Project” and Approving and Authorizing Other Actions in Respect Thereto – SUBSTITUTE Bill No. 23-65 – A Designating Resolution of the Common Council for Property Located at 3607 South Main Street, South Bend, Indiana 46614 for Purposes of a Nine-Year (9) Real Property Tax Abatement for The Nexis Center, LLC 4:00 P.M. RESIDENTIAL NEIGHBORHOODS CHAIRPERSON, WHITE Bill No. 85-23 – An Ordinance Adding Chapter 2, Article 5, Section 2- 62, Changing the Manner in Which Commissioners of the Housing Authority of South Bend are Appointed 4:10 P.M. ZONING & ANNEXATION CHAIRPERSON, HAMANN Bill No. 73-23 – A Zoning Ordinance for Property Located at 1044 Lincolnway West, Councilmanic District No. 1 Bill No. 80-23 – A Special Exception Use Zoning Ordinance for Property Located at 1410 Ford Street, Councilmanic District 2 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, December 11, 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/12112023SBCC 1. INVOCATION Lady Tina Patton, Kingdom Life Christian Cathedral 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. REPORT FROM SUB-COMMITTEE ON MINUTES Approval of Monday, September 25, 2023, South Bend Common Council Meeting Minutes 5. SPECIAL BUSINESS South Bend Common Council Youth Advisory Swear-In Ceremony Special Proclamations from President Sharon L. McBride 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE BILL NO. 73-23 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 1044 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 1 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 79-23 PUBLIC HEARING 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 80-23 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 1410 FORD STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 81-23 PUBLIC HEARING 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 PUBLIC HEARING 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 – SUBSTITUTE 84-23 PUBLIC HEARING 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 – SUBSTITUTE 85-23 PUBLIC HEARING 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 8. RISE AND REPORT 9. REGULAR MEETING RECONVENED 10. BILLS ON THIRD READING BILL NO. 73-23 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 1044 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 76-23 THIRD READING 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 79-23 THIRD 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 80-23 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 1410 FORD STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 81-23 THIRD 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 THIRD 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 – SUBSTITUTE 84-23 THIRD 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 – SUBSTITUTE 85-23 THIRD 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 11. RESOLUTIONS BILL NO. 23-65 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3607 SOUTH MAIN STREET, SOUTH BEND, INDIANA 46614 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE- YEAR (9) REAL PROPERTY TAX ABATEMENT FOR THE NEXIS CENTER, LLC 12. BILLS OF FIRST READING BILL NO. 86-23 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 3001, 3011 AND 3015 WEST WESTERN, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 13. UNFINISHED BUSINESS 14. NEW BUSINESS 15. PRIVILEGE OF THE FLOOR The next South Bend Common Council Meeting is tentatively scheduled for Monday, January 08, 2023, in the Council Chambers located at 227 W. Jefferson Blvd., South Bend, Indiana 46601. 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 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. 79-23 BILL NO. 81-23 BILL NO. 82-23 SUBSTITUTE BILL NO.84-23 BILL NO. 85-23 BILL NO. 80-23 BILL NO. 80-23 Filed in Clerk's Office ORDINANCE NO. 10994-23 NOV 0 7 2023 DAWN M.JONES CITY CLERK,SOUTH BEND 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 1410 FORD STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the use of a duplex. 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: 1410 Ford Street, South Bend, IN. 018-3085-3423 In order to permit a two-unit dwelling. 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; 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 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 Nov 07 2023 DAWN M.JONES CITY CLERK SOUTH BEND it•.: 2 - City of South Bend BOARD OF ZONING APPEALS November 7, 2023 NOV U 7 2023 Honorable Lori Hamann DAWN M.JONES CITY CLERK,SOUTH BEND, IN 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1410 Ford Street Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your November 13, 2023, Council meeting and set it for public hearing at your November 27, 2023, Council meeting. The petition was considered at the November 6, 2023, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception to allow for the use of a duplex. The full petition is attached for your reference. Changes may occur between the filing and the public hearing.Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 I www.southbendin.gov/zoning